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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 27, 1913)
TIIE MORNING OREGONIAN. SATURDAY. SEFTICTIBEB 27, 1913. JUDGE'S RULING IS in FAVOR OF B1XBY Prosecution Not Permitted to Impeach Assertion as to Moral Status. LAWYER ON DEFENSIVE Testimony in Case Involving Mill ionaire In Serious Charges Ex pected to Be Completed by Both Sides Today. L03 ANGELES. Sept 26. An ad vantage was secured today by the de fense at the trial of George H. Bixby, the Long Beach millionaire, charged with effenses against girls, when Judge Bledsoe ruled that no testimony de signed to impeach the statement of the defendant that he had had no immoral relations with any inmate of the Jon quil "Hotel" could be offered. TV". H. Stevens, one of the attorneys who represented Cleo Helen Barker, Mae Brown-Lievy and Jeanette Ellis in damage suits against Bixby for 5o,000 xh w then sworn as a witness. He en M h had been employed by the Tnnrhprv of the girls and had inter viewed three men they had accused. to learn if there were foundations for suits against them. He said those men were W. II. Evans, an elderly Justice of the peace: Octavius Morgan. 64 years old. an architect, and the aeienuaui. Bixby. Demand for Money Denied. "Justice Evans told me he never had T.n intimate with either the Barker c-irl or the Brown-Levy girl." Bald Stevens, "but that he had visited the Jonquil to see Myrtle O'Dair, whose picture he said he carried in his watch until the expose of that resort was marie hv the nolice. "I never demanded money from him tinr from either of the otners. 1 una Justice Evans there was apparently no ground for a suit against mm ana none was brought. "Regarding Mr. Morgan. I received from him for my clients checks for sums aggregating J2B0O. They were given by him in voluntary settlement t h.H niA him the mothers of the Hurlcer and the Brown-Levy girls as sorted their daughters' health had been impaired by acts they attributed to ,him. When he made his voluntary set tlement I gave him a written receipt and written promise that no damage suit would be brought against mm. Salts Against Blxby Changed. "Suits were brought against Bixby. but only after men who told me they were emissaries of Samuel H ask ins. one of Btxby's attorneys, said Haskins had said settlements of claims against Bixby would not be made before suits were Died. My clients had planned at first to sue Bixby on the grounds of seduction, but later found that the alleged facts did not justify such ac tions." . Stevens' testimony was heard with especial attention, in view of the sug gestion by Judge Bledsoe that charges against him and his partner. Charles S. McKelvey, be made before the Los Angeles County Bar Association be cause of acts attributed to them aa the attorneys for girls whom the defense freely termed blackmailers. Adjournment was taken until tomor row, when, it was expected tonight, all testimony for both sides would be com pleted, leaving the way clear for the beginning of arguments Monday morn ing. DIGGS RULING AGREED TO Federal Judge in Pennsylvania Dif fers With Kansas Jurist. PHILADELPHIA. Sept. 26. Disagree ing with the opinion of the Kansas judge who recently held that it was necessary under the Mann "white slave" act to establish that "the transportation was for commercial purposes," Judge Thompson In the United States District Court here today sent W. D. Mayhew Gillies, a young married man of this city, to serve a year and eight months in the penitentiary for persuading 18-vear-old Florence Summerschuch to elope with him to Buffalo last Febru ary. Gillies also is under indictment, charged with taking Jessie Obdyke. 19 years old. from this city to Buffalo. Counsel for Gillies in arguing for a suspension of sentence quoted the re cent Kansas decision that the Mann act was not intended to punish a man for an Indiscretion. "The crime for which this man was found guilty is undoubtedly covered by the statute," declared Judge Thompson, who then pronounced sentence. His ruling is in line with that of Judge Van Fleet in the Diggs-Caminetti cases in San Francisco. LITERACY TESJ UP AGAIN Bill Vetoed by Taft May Be Passed by New Congress. WASHINGTON, Sept. 26. An attempt will be made before the adjournment of the special session of Congress to pass an Immigration bill with a liter acy test as its leading feature, such as was vetoed by President Taft. At a meeting today of the House committee on Immigration the old Burnett-Dillingham bill, which met Mr. Taffs disapproval, was ordered re ported to the House. Democrats back of the measure will get to work im mediately to have this legislation in dorsed by the caucuses, an action which is necessary to insure its consideration at the present session. Tbe bill came within seven votes of passage over Mr. Taffs veto and the complexion of the House has changed materially since then. SIUSLAW RESURVEY ASKED Port Commission Ready to Bonds for Improvement. Issue OREGONIAN NEWS BUREAU. Wash ington. Sept. 26. Porter Bros.' Timber Company, representing timber owners in the Siuslaw, have requested Senator Lane to secure a new survey of the proposed Siuslaw harbor improvements. They assert that the Siuslaw River Port Commission is ready to issue bonds for the continuation of the im provement upon the completion of the survey and the granting of Government authority to proceed in accordance with it. German Aviator Killed. JOHANNISTHAL. Germany. Sept. 26. Lieutenant Sehulz. a German mili tary aviator, was killed here today. His monoplane capsized at a height of 154 feet. I' TEACHER, PAET CHOCTAW INDIAN, WHO HAS BEEN CHOSEN TOR POST IN G ABE E. FEACHER GETS JOB Reaister of Treasury Taken From Indian School. RED MAN IS RECOGNIZED Being One-Eighth t'hoctaw, uaoe ml.. rarker Is nrst Person of In dian Blood to Hold Import ant Federal .Place. WASHINGTON. Sept. 26. (Special.) Gabe E. Parker, the new Register oi the Treasury, who has the distinction of being the first man of Indian blood to hold an Important Government posi tion. Is another example of the Admin istration's nreferenee for pedagogues. Mr. Parker, who is one-eighth Choctaw Indian, has spent the last 1 years in teaching Indian boys in the Govern ment Indian schools of Oklahoma. Mr. Parker is a native of Oklahoma, and in addition to his Indian blood in cludes Scotch, Irish, English and French Huguenot in his ancestry, mak ing him probably one of the most rep resentative Americans in the Govern ment service. He was educated in the Choctaw tribal schools and later "at tended the Henry Kendall School in Muskogee, Okla.. receiving the degree of bachelor of arts. Half-Breed Takes Place In School. Aa soon as he had completed his edu cation he began teaching in the Gov ernment schools for Indian boys and nnn rose to be superintendent of the Armstrong Academy, which position he left to accept the appointment as eg ister of the Treasury. When Mr. Par ker left the academy he installed in hia place as superintendent one of his pupils, who is half Choctaw Indian. Mr. Parker was a member of the Oklahoma constitutional convention in 1907, when the territory of Oklahoma was admitted to statehood, and he de signed the seal of the state of Okla homa, which ia considered unique among state seals in design and sig nificance. - Seal I'nlqne In Dealgn. The principal part is a large star rep resenting the new state. Between the points of this star are 45 small stars renresentlns- the other states. In the center of the large star is the seal of the territory of Oklahoma and in eacn of the points is the tribal seal of one of the five civilized tribes of Indians. Mr. Parker is especially proud of this original design and takes great pleas ure in showing it to his new friends In Washington. He will be sworn in and will take up his dutiea October 1. For many yeara the office of Regis ter of the Treasury has been held by a negro. FEANGEE .STAYS LOYAL WOMAN REFUSES TO BELIEVE SHE WAS FLEECED. Detectives Arrest Man Who Says He Is English Nobleman and In ventor ot Aeroplanes. OAKLAND. Cal.. Sept. 26. (Special.) In spite of the protests of tbe woman he ia alleged to have neeced alter Dromlslng to marry her. Manual D. Lewis, self-styled scion of English no bility and aeroplane inventor, was ar rested today at the home of his fiancee, Mrs. Minnie Downey. Lewis is alleged to have induced Mrs. Downey to mortgage the furniture of her Oakland home and property in Santa Rosa to advance him S300 which he is reported to have said be needed until a legacy of $35,000 from an uncle In England reached him. While the case was reported to tne police by friends of Mrs. Downey, the woman protested against the arrest. broke down when Lewis was taken into custody and accompanied the de tectives and their prisoner to police headquarters, where she made a final protest against the arrest, still believ ing in his Innocence. A. charge ot ob ' ,--'" i ' m fjzzmmwzzzzmmzp$ v" v. 'ltilliife jill .ft ZZZZ, IS '- :? i ' --i.!V; , J , Sil : 'jj04"&8Zit;:.$ iT "V - - " ' - - s0 -i . . . i -, - - - ! ! & .-;.v - . J if- T r-V-' : X V i If - - , ' k I ! , I - , - - :. - ? -. a . c- v 't-v TREASURY. PARKEB. taining money under false pretenses will b. made against Lewis. Lewis met Mrs. Downey a short time ago and proposed marriage to her. The wedding was to have taken place soon, it 1s said. Mrs. Downey has a son, who is seriously ill and was badly In need of money, it is said, when she made the lean to Lewis. STRAUB IS TRANSFERRED Colonel Lndlow to Succeed in Com mand at Fort Stevens. OREGONIAN NEWS BUREAU, Wash ington. Sept. 26. Lieutenant-Colonel Oscar I. Straub, under orders Issued today. Is relieved of command of the coast defenses of the Columbia and of Fort Stevens and ordered to Fort Moul trie. S. C. He will be succeeded by Colonel Henry P- Ludlow, now on duty at the Army College in this city. Captain Edgar H. Yule, field, artil lery, is ordered to visit Portland quar terly and instruct the field artillery of the National Guard. Colonel Charles J. Bailey, coast ar tillery, now stationed at Fort Worden, Wash., has been promoted to the grade of Brigadier-General, to take effect October 10, when General Hoyt retires. The Secretary of the Navy is consid ering the promotion of Commander Thomas Washington, commanding the cruiser Charleston at the Puget Sound Navy-yard, to be Judge Advocate General of the Navy, and is deterred only by reason of the fact that Com mander Washington is from the Secre tary's own state. Secretary Daniels hesitates about making this appoint ment for fear it will be charged he is showing partiality to North Carolini ans. TIME GRANTED TO THAW Felker Willing to Hear of Further Precedents in Case. CONCORD, N. H., Sept 26. Counsel for Harry K. Thaw received formal assur ances from Governor Felker today that the Governor would grant the request for an extension to October 6 of the time for filing briefs in the extradition proceedings. One of the attorneys said that the work was being carried on as rapidly as possible, but since the hearing before Governor Felker last Tuesday additional precedents bearing on the situation had been discovered. These would be Incorporated, he said, in the documents to be placed in the Governor's hands. Thaw's outing today, in the custody of a guard, consisted of an automobile ride. His mother accompanied him. TARIFF BILL IS READY Continued From First Paire.) half a cent a pound on lead ore and accepted the Senate rate of three fourths of a cent a pound. The Senate receded from its rate of 12 Vi per cent ad valorem on the zinc ore and accepted the House rate of 10 per cent. The" House gave up Its demand that the woolen tariff rates go into effect at once agreed to the dates fixed by the Senate, namely, woolen goods Jan uary 1. 1914; raw wool, tops and waste December 1. 1913. The House receded from its provisions as to cotton threads, yarns and cloths, accepting the Senate amendments, which revised the schedules on a new basis of thread count. Tbe final agreements were reached after President Wilson had again been consulted by the leaders of both houses. Requests were sent to the Republican conferees to meet tomorrow, but Sen ators Lodge and Penrose were not In the city and hope, of getting the bill into the House tomorrow finally was given up. - End May Be Week Away. It is expected objection will be made to the conference report when It reaches the House Monday, forcing it over to Tuesday's session. Advocates of the cotton futures compromise, known as the Smith-Lever plan, will endeavor to round up support in the House for a motion to send the bill back to con ference again with Instructions to the conference to adopt the compromise plan. A similar motion probably will be made in the Senate. It is believed the bill cannot be com pleted by the two houses and sent to the President before the latter part of next week. : NVEGTIVE HURLED AT IS. MERRIAM Army Captain's Wife Trembles as Attorney Bitterly As sails Her Past. LETTER HELD SHAMELESS Lawyer for Defense in Keply Makes Xo Counter Attack on Officer, but Speaks in High Terms, of Major Murphy. SAN FRANCISCO, Sept. 26. (Spe cial.) A sweeping attack on the past and the character of Mrs. Bessie C. Merriam began the arguments with which the divorce suit of Captain Henry C. Merriam. United States Army, . Is drawing to a close this afternoon. Attorney Walter H, Linforth, coun sel for Merriam, opened the arguments. Before he had progressed far Mrs. Merriam, who was present at first, was trembllnK and on the verge ot tears. Linforth s argument took the form al most wholly of a personal invective, painting Mrs. Merriam in colors of deep tscarlet and darkest black. The attack was mainly based upon a single document among the depositions which form a large part of the evidence in the case. The document in question Is said to have been written by Mrs. Merriam to the Secretary of War, pe titioning him to rescind the order ban ishing her from Jackson Barracks, deals with Major Murphy and is a frank an swer to allegations of misconduct. Attorney Flays Defendant. After reading the document and omit ting no portion of the language, Lin forth exclaimed: "Your honor, is there woman in San Francisco's Barbary Coast so abandoned, so shameless ana so vile as to affix her signature to a document of that nature?" The remainder of -his argument was of similar tone. Attorney Barclay Henley, counsel for Mrs. Merriam, replied. In strong contrast to Linforth's method, his man ner was cool, calm and unruffled. He made no counter attack on Captain Merriam other than a brief ' reference to him as a man "blind and heartless," and bespoke in high terms of the chivalry of Major Murphy in taking so extended a journey solely to testify In behalf of a slandered woman. Henley argued that Captain Mer- riam's complaint against his wife was on the grounds of extreme cruelty and that accordingly all testimony tending to show misconduct on the part of the wife should be ruled out. 'Such testimony could only have been Introduced for the purpose of attempt ing to besmirch the character of Mrs. Merriam," Henley said. "It could serve no legal or useful purpose. It only shows the blind and heartless malig nancy of Henry C. Merriam. Your honor announced from the bench yes terday that there was no charge against Colonel Murphy. That, of course, amounts to a complete vindi cation of Mrs. Merriam. Charg-es of Cruelty Met. 'As to the charges of cruelty," con tinued Henley, "I propose to speak very briefly. Respecting the alleged at tempt to shoot the defendant, it is ui terlv unsuiioorted by any testimony ex cept by that of the defendant, and the law is well established that no divorce ran h srranted excent unon a prepon derance of testimony, which1! of course, does not exist in this case. 'Undoubtedly brutality of the plain- tifT drove his wife to the point of dis traction, and she was for a time seized with . mad impulse to make away with herself, but even If proven that she did attempt to shoot her husband, it is well known that under the law one act of violence is insufficient upon which to base a charge of extreme cruelty. Major Murphy said on the stand that he came across one ocean and a conti nent to meet what charges should be made against him all to find there was none. His conduct is worthy of a degree of laudation and praise that the language is not adequate to express. Few men would have incurred the ex nense and annoyance of such a trip for the sole cause of establishing the inno cence of a slandered woman. "Wifely fidelity, unyielding obedience to a husband, the truest love that ever existed, have been brutally trampled under foot, and we ask your honor to so adjudge." GUNMEN ARE EXCLUDED TENNESSEE LEGISLATOltS PRO CEED WITH CAUTION. Filibuster, Unwittingly Aided by Governor, Likely to Defeat Law Enforcement Bills. NASHVILLE, Tenn., Sept. 27. Indi cations tonight are that the regular Democrats will be successful In pre venting a vote on the so-called law- nforcement bills before the present pecial session of the Tennessee Legis lature, called to consider these meas ures, ends tomorrow night. The fili buster was prolonged unexpectedly to day, when Governor Hooper sent two necial messages to the House, unese arrived just after Representative Tay lor had appealed from a decision of the Speaker. Quick to take advantage or tne new situation. Representative Drane, floor leader of the regulars, moved that the rules be suspended for the immediate consideration of the anti-pass bill, a measure advocated for passage by uov- ernor Hooper in one of the two mes sages. The debate which followed filled the day's programme. When the House adjourned the status of the law enforcement bills was unchanged from last night There were no gunmen present in ine House today. So rigidly was the rule xcluding visitors from the House en forced that ex-Representative Miller, who recently resigned as a memDer oi the body, was asked to retire from the hall. Close friends of Governor Hooper saia today that in the event the Legislature aHourned without voting- on the law- enforcement bills, which have passed the Senate, another extra session would be called. CURRENCY ISSUE AT SEA Senate Committee Seems Hopelessly Divided. WASHINGTON. Sept. 26. With enough witnesses desiring to be heard to consume two or three weeks of time and requests for hearings on the Ad ministration currency bill still coming in, the Senate committee today ad- journed until Monday. The day had been spent hearing protests of New England bankers against provisions of the currency bill. The committee will resume Monday, with a continuation of the examination of Samuel Untermyer, who spent a part of two days before the committee this week. The hearings up to date have developed a wide range of disagreement among tne memoera ot the committee. So divergent have been the views ex pressed In the examination of witnesses that Bome members Deiieve ine com mittee will be unable to agree on a bill built along the lines of the Admin istration measure. If the disagreements continue it is possible that, after the.views of bank ers and business men from all over the country have been considered, an at tempt will be made to report the bill to the Senate without recommenaaiion. In this event a series of minority re ports probably would accompany the measure, each condemning different provisions, after suggesting different changes. Chairman Owen said today the hear ings could be concluded by the middle of next week. "Every one who has a right to be heard can be heard by that time." said. Senator Owen. 1V1ITGHEL ACCEPTS HELP INDEPENDENCE LEAGUE TO AID FUSION CANDIDATE Secretary to Late Mayor Gynor to Be Campaign Manager in War Against Tammany. NEW YORK. Sept 26. John Purroy Mitchel, fusion candidate for Mayor, accepted the Independence League in dorsement today, after selecting Rob ert Adamson, who was the secretary of the late Mayor Gaynor, as his cam paign manager. Several weeks ago Mr. Mitchel de clined the League's support because two of his fusion associates, William A. Prendergaat. for Controller, and George McAneny, for president or tne Board of Aldermen, had not also been indorsed. Mr. Mitchel today wrote to James A. Allen, the League's nominee for Mayor, who withdrew in Mr, Mitchel's favor, pointing out that the fusion committee since had declared by resolution "that its candidates are free to accept other nominations, thus changing the principle which I felt bound to pursue at that time, i Know that your League stands for uncom promising opposition to Tammany Hall, Its representatives and the predatory interests that stand behind botn. Mr. Adamson has resigned as secre tary to Mayor Kline. It was said, however, that he would return to bis duties after election. VICTIM'S WIFE ACCUSED SLAVER SAYS WOMAN TOLD HIM WHEN TO SHOOT. Confessed! Murderer Tells- of Infat nation for Mrs. Nelson and of Plans for Elopement. LOS ANGELES. Sept. 26. That Mrs. Rose Nelson, of Florence, who is held as an accomplice in the murder of her husband. Frank E. Nelson, not only planned his assassination, but gave his slayer the signal to tire tne ratal snot, was the statement of James F. Cook, confessed murderer, in the course of her preliminary examination, which is in progress today. Cook testified that Mrs. Nelson gave him $20 with which to hire a man to do the deed and that he purchased revolver with part of thi3 money. On the day of the crime, he said, he was lurking outside the Nelson home when Nelson left for his work. Mrs. Nelson appeared at the window and signaled him to shoot. "I could not resist her," said the wit ness. "I crept up behind Nelson and fired. The woman tempted me and fell." Cook, in his confession, said he and Mrs. Nelson had planned to elope after the homicide. RICH ESTATE IN CONTEST Property Worth $7,000,000, Be queathed 4 0 Tears Ago, in Courts. BOSTON, Sept 26. The estate of the late Abel Stearns, of Los Angeles, val ued at $7,000,000, will be contested by 40 New England relatives when the question of its distribution comes up in the California city, uecemDer a. Mr. Stearns died 40 years ago, leav ing his property, consisting principally of Los Angeles property, to nis widow. Mrs. Arcadia Stearns Baker, who died intestate at Los Angeles a year ago. New England heirs have engaged ex Judge McKinley to represent them in the court proceedings. Xcw Mexico Bankers Indicted. CLOVIS, N. M., Sept 26. The Curry County grand jury today indicted L. C West, ex-president and M. Boyle, for mer cashier of the American Bank & Trust Company, which failed last June, on charges of having received deposits when they knew the institution to be insolvent. The bank failed for ap proximately $50,000. Magistrate Goes to Workhouse. DAYTON. O.. Sept 26. City Magis trate Koehne was convicted today of extortion and sentenced to pay a fine of $100 and 30 days in the workhouse. After exhausting every resource, he was taken into custody by the Con stable of his own court and taken to the workhouse. iaMir-nr',tt"tJ" More Like Home baked beans than any you hare ever eaten. You 11 say so, too. And at the same time you get over 38 more of these baked beans for 10c or 15c than you do in any other brand. Order today. Dyer's Pork and Beans jrjpvrjroiui, Knox Hats are the Product of Head, Heart" and Hand . The brain to create, the loy alty to live up to the Knox reputation and the skill to ex- ecute. RESULT The Hun ; dred Point Young Man's Hat ATTHEKNOXAGENCIES x. PLOT 13 REVEALED Death of Portuguese Premier Desired by Conspirators. ARMED BANDS HELD READY Assassination Intended as Signal for Revolt, , First Step In AVhieh Was to Have Been to Set All Prisoners Free. LISBON, Sept. 26. A confession that they intended to assassinate the Portu guese Premier and instigate a revolt was made today by five men arrested last night when placing bombs around the Premier's villa at Prain des Macas, a watering place near Cintra. According to the Mundo. tne men were delegated by a syndicalist group to explode the bombs in Dr. Alfonso Costa's garden. His attention was to be attracted in this way and they in tended to shoot him when he appeared at the window to find out what had happened. Dr. Costa's death, they declared, was to be the signal for a revolt. Armed bands, they said, were ready to rush the prisons amid the confusion and liberate the prisoners. The syndical ists, they asserted, had plotted also to kill the Minister of .War. The Mundo avers that the Koyailsts, Radicals and Republicans were impli cated In the conspiracy. MADRID. Spain, Sept 26. Bands of Portuguese Royalists have assembled along the Portuguese frontier, accord ing to dispatches irom naaajos, itntre thev intend to carry out a carefully laid plan to create slight disturbances at various points, so as to attract the attention of the Portuguese while the main body of a Royalist army marches on Lisbon from the north. NEW HAVEN FACES INQUIRY (Continued From First Page.) legal services were rendered by these men. One of these gentlemen, who re ceived the sum of $10,000 some six months ago. Is reported to have said that he had forgotten for what purpose this money was paid to him." Legislative Activity Suspected. After referring to the members of the Legislature who, he said, voted to "confer extraordinary financial con cessions upon the railroad," the Gov ernor wrote: "While It is true that honest consid erations undoubtedly controlled the ac tions of many members in these mat ters, it Is of vital consequence that the relation of the late railroad man agement to the Massachusetts Legis lature should be fully uncovered, with the least possible lapse of time, in or der that tbe public may have full In formation as to the motives which actuated each and every one of these Oregon State Fair $2.00 TO SALEM AND RETURN $2.00 Tickets on Sale Daily Until Oct. 4 Good to Return Until Oct. 8 PORTLAND DAY, THURSDAY, OCT. 2 $15Q TO SALEM AND RETURN $1 50 Good to Return Oct. 2 Only TEN TRAINS EACH WAY DAILY Leave Eleventh and Hoyt Streets 6:10 A. M., 7:30 A. M., 8:20 A. M., 10:40 A. M., 2:05 P. M., 3:40 P. M., 4:40 P. JYL, 6:00 P. M., 9:10 P. M. and 11:45 P. M. TICKET OFFICES Fifth and Stark Tenth and Stark , Tenth and Morrison North Bank Depot Jefferson St. Depot allies of the railroad in the Legislature in voting as they did." Editor Considered for Ambassador. WASHINGTON. Sept. 26 H. M. Tin- dell, a newspaper ealtor of Peoria, 111., is foremost among those being consid ered by President Wilson for Ambas sador to Russia. Eldred Kuizenga Well Known in the Shoe Business as Mr. Murphy 1 .-?-:So. ... ELDRED KUIZENGA has purchased an interest in the Walkover Boot Shop, 146 Broadway, between Morrison and Alder. PARKER'S HAIR BALSAM V w ' Zi CnAM and wnifl th hlis. 1'mmuU, a luxuriant Crowto. H7 rail! to Beatore Grajrj jffi:--9?4 H TonUirul Color. TyiZil Prtrrniu hair fallm. f I. I -, A i -