TITE JrOTtNTN-G OI?EGONIAX TTTFSDAY, NOVEMBER 4, 1913.
JURY-IN VON . KLEIN
CASE IS LOCKED UP
Defense Offers No Testimony
In Second Trial of Alleged
Swindler.
RULING FAVORS PRISONER
Court "Sustains ObJcctl6n of Coan
6cl to Introduction of Alleged
Admission of Client's Previ
ous Presence In City.
After deliberating more than an hour
last night, Oie Jury In the case of E.
E. C. Von Klein, charged with swin
dling Mls Ethel Newcomb out of more
than $3000 and then deserting her after
their marriage, was locked up for the
night The Jury retired at 10:30
o'clock, a night session having been
held to enable the attorneys to com
plete their arguments . and give the
case to the Jury before the holiday
today.
No witnesses were called to the
stand yesterday by the attorney for
von Klein and he rested his case when
all the state's testimony had been
brought In. In the former trial of
von Klein, the defense brought for
ward no witnesses, but rested Its case
on the testimony of the prosecution.
The large part of the sessions yes
terday before Deputy District Attor
ney Collier began his argument before
the Jury at 4:30, dragged along with
Attorney TV. T. Hume, for the defense,
taking exceptions at every opportun
ity. Three or four times during the
day, the Jury was sent out of the room
so that the attorneys might discuss
doubtful points in their absence. One
of these occasions was when Deputy
Dlstrlot Attorney Magulre prepared to
ffer as evidence the statements made
by Mr. Hume In the previous trial,
which,- he declared, were directly op
posite to the defense outlined, in the
present trial.
Prertoo Admission Alleged.
The previous defense outlined. It Is
declared by the prosecution, was to
admit that Von Klein had been In
Portland under the name of Lewis, but
to show that he had left the city legit
imately, that he had taken nothing and
that the measures to bring him back
were due to the promptings of female
Jealousy. In the present case the posi
tion outlined had been that Von Klein
was not In the city at the time desig
nated In the previous trial.
Mr. Hume declared that in the prevl.
ous trial he had never made the state
ment attributed to him and that If the
court reporter had placed it on the
record it was an error. He denied that
the prosecution had any right to hold
Von Klein responsible for the state
ments of his attorneys.
"Even if I did make such a state
ment which I did not Is Von Klein
to go to the penitentiary for any state
ment made by me?" asked Mr. Hume
fervidly.
Objection Is Sustained.
It seems to me," he continued, "that
they are reaching out for rainbows,
to try to hound this man to the peni
tentiary." Mr. Maguire held that the admission
made by the attorney In the presence
of his client should. If no measure was
taken by the client to correct It, be
binding on the client. Judge Morrow,
however, sustained the objections of
Mr. Hume and the Jury was brought
buck 10 continue the case without the
Introduction of Hume's alleged previous
statement. Judge Morrow, in making
the ruling, said there was no question
as to the accuracy of the record and
that the point was purely a legal one.
Mr. Collier, In presenting the argu
ment for the state, pointed out that
witness after witness had identified
Von Klein positively as the George
Lewis who had been registered in
Portland In 1911 with the woman who
afterward brought him to trial for the
alleged theft of the diamonds. He re
called that In the testimony it was
shown that Von Klein had married the
woman In San Francisco bigamously
and that he had left her without fare
well a few days later In Portland, and
had been away from her for two years.
He also called attention to the evi
dence that her diamonds had disap
peared at the same time Von Klein dis
appeared, and clte'd the testimony of
Detective Joe Day, that Von Klein had
attempted to bribe him to let the mat
ter drop in Chicago.
The court declared- a recess at 5
o'clock In the afternoon and the argu
ment of the defense was presented to
the Jury In the evening at a session be
ginning at 7:30..
MILLIONAIRE PACKER DIES
Edward Morris Leaves Fortune Esti
mated at $30,000,0-00.
CHICAGO, Nov. 8. Edward ' Morris,
president of Morris & Co., packers, died
at his home here today after an illness
of more than a year.
Morris was born in Chicago 47 years
ago and was the eldest son of the late
Nelson Morris, pioneer packer. He suf
fered a nervous breakdown about a
year ago and was obliged to give up
active business. He spent last Winter
traveling in California in search of
health.
The wealth held by Edward Morris
Is estimated at between S30.000.000 and
J60.000.000.
It Is said of Morris that It was his
custom to contribute to charities each
year an amount equal to the sum ex
pended for members of his family.
WARDEN HOYLE WILL QUIT
San Quentin Prison Head Tires of
Strife AVlth Board.
BAN FRANCISCoTnov. 3. The resig
nation of John Hoyle. warden of San
Quentin Penitentary. will be presented
to the State Board of Prison Directors
at the next session Saturday and the
Warden will request that it go Into im
mediate effect. He Intends to enter the
hotel business with his brother, James,
in San Francisco.
Friction with the State Board of
Prison Directors over various matters
of prison policy and administration led
to Warden Hoyle's decision, though he
has been looking for a chance to re
turn to private life for some time. "A
prison isn't a very cheerful place," he
aid today.
Willamlna Gets Through Tickets.
SALEM, Or., Nov. 3. (Special.) The
Portland. Eugene & Eastern Railroad
has notified the Railroad Commission
that It will sell through tickets Irom
Willamlna to all points on Its lines and
the Southern Pacific. Residents of the
town complained that the company was
not selling through tickets and the
An Organization Is
No Stronger Than
Its "Weakest Link
The
directorate
of the
Columbia Life
& Trust Co.
represents the
utmost in
ability,
conservatism
and strength.
"W. M. Ladd
Theo. B. Wilcox
Edward Cookingham
S. P. Lockwood
R. R. Ilodge
C. J. Smith
"Walter Mackay
Holt C. "Wilson
M. M. Johnson
Isaac D. Hunt
The Company of
Satisfactory
Policy Holders
SPALDIXG BPlLDmO
Commission was giving the complaint
consideration.
BUDGET PARTLY 0. I'D
DEMANDS OP 8 DEP.4JRTSEENTS
OF COfXTTY APPROVED.
Expense Requests of Seven Others
Held Over for Further Investi
gation by Committee.
Preliminary consideration of por
tions of the 1914 county budget by the
advisory committee last night resulted
In the temporary approval of the de
mands of eight departments of the
county government and the expense
requests of seven were held over for
further investigation. Others were not
considered but will be taken up at a
meeting of the board today. The
budgets for the following departments
were approved, subject to revision:
Public Library, $90,650 for salaries
and f62.948.32 for supplies; Board of
County Commissioners, $6300 salaries
and 60S supplies; purchasing depart
ment, 2400 salaries and 1200 sup
plies; Assessor, $42,480 salaries and
$5505 supplies; Auditor, $6360 salaries
and $752.49 supplies; District courts.
$15,160 salaries and $2475 supplies:
Constable. $17,220 salaries and $1995
supplies, and Coroner, $7100 salaries
and $400 supplies.
Those departments whose requests
were held up for further investigation
are: County School Superintendent,
Treasurer. Sheriff, Janitor, engine
room. Courthouse, District Attorney
and juvenile.
Reports from Salem where the State
Tax Commission has been in session
are expected In a few days notifying
Assessor Reed of the public service
apportionment for Multnomah County.
Before that arrives the advisory com
mittee hopes to have the county
budget in such shape that it may be
reduced if necessary.
"DRYS" AHEAD IN SALEM
Prohibitionist Say Yesterday's Vote
Indicates Victory Today.
SALEM. Or Nov. 8. (Special.) The
results today in the primaries for non
partisan nominees for City Council,
according to the Prohibitionists, Indi
cate that the city will go dry at the
local option election tomorrow. It is
declared that four out of seven wards
had nominated men who are opposed
to the licensed saloon. Several of the
nominees having received a majority
of all the votes cast, will be declared
elected, while those loading in the oth
er wards will be voted upon at the
December election.
Efforts to recall Councilmen Stolz
and Hatch failed by a large majority.
The results in six wards follow:
First J. N. Hoover, 135; William Me
Qilchrist. Jr., 94; A. T. Moffatt, 29; S.
M. Endicott, 7; Q. G. Brown, 6.
Second Florlan Von Eschen. 302;
Charles Dick. 257.
Third Clifford Brown. 104; Walter
Spauldlng, 97; James R. Neer, 85; Frank
W. Kelly, 76.
Fifth Levi McCracken, 881; Theo
dore Roth, 77.
Sixth J. McClelland. 223; W. II.
Dahlrymple, 109; D. M. Brown, 95; O.
G. Tooker, 34.
Seventh E. O. Presnell, 277; J. D.
Warring, 146; N. D. Elliott, 4.
THE wonderful success of our
Ladies' Coat Department is
due in a large measure to the fact
that the stocks have not been al
lowed to become depleted.
You'll find here today more coats
than you would have found six
weeks ago, but they're not the same coats.
New fabrics new models new combina
tions of color tones, making it a pleasure
to select where there is so much from
which to choose.
Weaves that are worth while modes that
are in good taste all are worthily repre
sented in this collection.
There's economy in price as well; garments that
are tailored in the best of
styles at $15, $18.50, $20,
$22.50, $25, $270, $30 and
, upwards.
cliim hi
P, SA
t ir Hint
SM&
The ladies' store occupies the entire third floor; it is
perfectly lighted by windows and skylights allowing
all fabrics to be seen in their true colors. You are
courteously invited to visit this splendid apparel
exhibit.
BEN SELLING
1 Morrison Street at Fourth
IBflfcW HOTELS lraT
EX-BELLBOY ON STAND
HEXXIJTG TESTIFIES DONAHOE
DREW HIM INTO PLOT.
Witness Says He Got Money for In
volving ex-Manager of Harvester
Company in Alienation Salt.
CHICAGO, Nov. 3. John C. Kenning.
a former bellboy, testified today at the
trial of Attorney Daniel Donaboe and
Isaac Stlefel, charged with conspiracy
to defame Clarence S. Funk, former
manager of the International Harvester
Company, that he had been induced by
Donahoe to bring suit charging Funk
with having alienated his wife's affec
tions on Donahoe's promise that noth
ing ever would come of the suit and
that he would be well taken care of.
Mrs. Hennlng, who was excused from
the witness stand last week because
of illness, was cross-examined by the
defense today and denied she ever had
told Donahoe she had gone riding and
to hotels with Funk and that Funk
had given her money. She said she
never had seen Funk until she con
fronted him in court 10 days ago.
Hennlng told on the stand of his first
meeting with Donahoe in 1911 after his
wife had been introduced to the attor
ney by Miss Alleen Happner. Hennlng
said:
"When I saw Donahoe the first thing
he asked me was if I knew Clarence S.
Funk. I said no and he said: 'Well,
there are certain parties who want to
bring a suit against Mr. Funk. The
Interested parties have told me that
you and Mrs. Hennlng will be well
taken care of as long as you live. You
will never need to worry any more.'
He gave me $150. I think he also gave
my wife some money and the tickets
to the theaters.
"Three days later he gave me a state
ment to sign."
'What was the statement?"
"Well, I was the plaintiff in a suit
against Mr. Funk, charging him with
the alienation of my wife's affections."
The witness said he saw Donahoe
three days later and the attorney ad
vised him to get out of town because
the reporters would be hounding them.
Donahoe bought the ticket to Mobilo
for him and gave him $200.
BAR R ATT O'HARA IS "HOBO"
Illinois Lieutenant-Governor Admits
H Was "Down and Out."
CHICAGO, Nov. 3. Barratt O'Hara,'
Lieutenant-Governor of Illinois, is a
hobo. It became known yesterday,
when E. Jeff Davis, president of the
eratlon of Labor. Later O'Hara ad
mitted it and announced that he is
proud of the connection.
"I met the Lieutenant-Governor at
a ball," said the king of the hobos,
"and he told me that once he had been
down and out. I told him that enti
tled him to membership and I pledged
him. The Lieutenant-Governor was
given a number, a road sign and a
badge, but he will be expected to make
at 'least one trip on his own resources
before he will be regarded as a real
'Bo.' "
"Yes. I joined the Hobos." said
O'Hara. "I took the oath, although I
never expect to ride in a side-door
Pullman."
Pavlowa Opens Second Tour.
... NEW YORK, Nov. 3. Madame Pav
lowa, the Russian dancer, and her com
pany formally opened their second
American season with a performance
at the Metropolitan Opera-House to
night after an absence in Europe of
three years. Novikoff, Zalich and
Ceceihetti were the three men dancers
who appeared as principals with the
danseuse.
Premier to Have Outln"
NEW YORK, Nov. 3. Robert Laird
Borden, premier of Canada, and Mrs.
Borden, who have been spending a few
days in New York, will leave tomorrow
National Hobo Union, reported theVa., where they will spend the re
fact at a meeting of the Chicago Fed- I mainder of the month.
UNION FOR WORKMEN'S ACT
Compensation Bill's Principle Is
Sound, Say Engineers.
Local 87 of the International Union
of .Steam and Operating Engineers, at a
meeting Saturday discussed the work
men's compensation act. going into all
the different features of the act. The
consensus of opinion was that the com
pensation, while greater than that pro
vided in the Washington act, should
be more. The principle of the act is
sound, and a good foundation to build
on In the future, speakers asserted. The
first-aid feature of the bill strongly
appealed to all present, and they were
enthusiastic for its passage Tuesday.
Resolutions passed denounced as
false and misleading the "paid ad
vertisement" appearing in the dally
press regarding the workmen's com
pensation act.
The resolutions declared:
"This law will give the worklngmen
more, but the liability Insurance com
panies less. . It protects the workman,
his wife and children. Worklngmen
generally are in favor of the measure.
"We unhesitatingly indorse the law
and ask all home-loving worklngmen
and women to vote 308 X, "Yes."
Three Street Speakers Arrested.
Braving the rain that fell persistently
at Sixth and Alder streets last night.
John Schalner, Charles Glbb and W. F.
Lash el la were arrested on a charge of
violating a traffic ordinance when they
attempted to speak from the forbidden
Intersection. E. I. Chamberlain was
arrested for disorderly conduct.
The United States exported 82.000,000 gal
lons of gasoline la the XisuaU rear ending
with Juuo,
nterlinking Talking Circles
EEACH Bell telephone is the center of a talking circle, to which there are
no arbitrary boundaries within the limits of speech transmission.
Each central office is a clearing-house for telephone talk extending
far beyond it3 own system. ,
Universal communication means not only intercommunication between
subscribers in the same exchange system, and' with those in other exchange
systems, but also long distance communication with each connected telephone
in the Bell system within speaking distance.
There are over 7,500,000 interconnecting Bell telephones, each an open
, door for telephonic communication, uniting a nation of 92,000,000 people and
promoting the happiness, the welfare and the prosperity of all.
Every BELL TELEPHONE Is A Long Distance Station
The Pacific Telephone and Telegraph
Company
The. most superbly ..jaled hotel in all
America." Accommodations for 400 guests
American plan. Famous the world over for
its excellence in cuisine and thoroughness
of service. Guests are extended every
privilege at the fanrVius Virginia Country
Club. 18-hola golf links; tennis; winter
bathing; miles of macadamized boule
vards. For folder and rates write Carl S.
Stan-ley, manager.
am i."
.ill
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.a Ml mat AMI
lit !!!!!!. hi mi
BrMsr-i"
EUROPEAN PLAN" OPEN DEO. 1.
The new., perfectly appointed fireproof
hotel; half block from Central Park;
convenient to all stores, theaters, amuse
ments. Tariff. Sl.oO. 2. X2.60. S3. S3. 60.
(4 and $3. 555 beautifully furnished
rooms with private bath.
F. M. 1II1IM1CK. Leore and Manager.
Hill at fourth St.. Los Angeles, Cat.
LOS ANGELES. CAL
HOTEL nfc
Hollywood
Hollywood, Jjob Anffe.es, Cal.,
Midway between city and ocean.
Kq uable, warm, dry Winter climate.
y outdoor recreation. SpJftnd
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George S. Krom, manager.
AT
"THE SPOT BEAUTIFSJlTOF
ALL SOUTHERN CALIFORNIA
uuiuininr ocean, m oil nt Bin ann v
Piey. rerpeiuai bprintime. Aioaeri. -vl
hotel, open year around Tor those de-,-n
mandlns refined surroundings. L'n- 3
i(utti.u s.i uskcbi ivata mill iliua
FOR SAN DIEGO, CALIFOllNl.l
First port of call and Exposition City.
Our headquarters and banking connec
tions are with
The UNITED STATES NALONAL BANK
"The Bank that Made Broadway."
Broadway at 2d St. SAJf U1EOO, CAL.
3m SANTA n Aoc5.pjA
CALIFORNIA. -
"Only fireproof hotel in tha Mission
t lty. tquable Winter climate.
l ount:es outdoor sports and amuse
ments. Famous for its cuisine.
P. Dunn, manaarcr.
'Fift years ago, when Golden Wedding
Whiskey was young.'
I
-fc.T.1 11 1 .1 ft.
uie oiu uays tney man z root any
"harder" for a crood one over the
plate than they do. to-day when they see
4 I it a V lf--V .V.I
going straight "home", where it scores to
the satisfaction of both host and friends.
You get a winner every time when you pick this
- 11 . if i-i i -
O J ------- wv
fine, mellow, old whiskevthatis n'nenpH
in the sunshine under strict government
supervision, and made according to a
special formula that has been handed
down through generations.
Golden Wedding is really "some whis
key." It has the right "zip" because it is
"Made Difierently"
I STAMP I
Full
Quart
Rah!
Football
U.of O.vs.O.AX.
Saturday
November 8
At
Albany
Rah I
Game
$3.10
A
OsS 10 sun set
X "V I t ROUTES I I
S7-
$3.10
VIA THE
"The Exposition
Line 1915"
Join the
Crowds
Students, faculty and citizens from
towns in the Willamette Valley
will be there.
Tickets good going Saturday
For return Sunday or Monday
Call at City Ticket Office, 80 Sixth St.,
Corner Oak, Union Depot or East
Morrison Street
John M. Scott, Gen'l Passenger Agent