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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 8, 1914)
LOUIS DAVIS WINS
IN HOMICIDE APPEAL
Supreme Court Reverses Polk
Couaty Court's Verdict
of "Second Degree."
ni?rr.nTAV, WEDNESDAY, APRIL
JUDGE ERRED, IT IS HELD
I'act That Young Man Had a Pistol
on Him Is Not Proor That Mur
der Was Intended, Is Xub
of Higher Court's Decision.
EM- r- APril (Special.)
- iu,s mat me lower court erred in
tuouuguuiia, me supreme Court to
day reversed the verdict of second de
sree nomicide in the case of Louis
t. wuo Kuied his mother-in-law,
lrB- Jnza J. Stewart t i
near Ballston, Polk County,- last June.
KaAin wrote tne decision.
uavls, who had been an Inmate of
li"8 insane Asylum, arrived at
i..e nome or Mrs. Stewart, where his
eariy in the morning
Pf June 30, 1913. He was warned by
his father-in-law, G. M. Stewart, to go
uui reiusea ana. according to
Stewart, drew a pistol. The latter
then summoned B. Agee, a neighbor.
ua oiewart again ordered Davis to
vd V V.
.accord. ng to the witnesses. Davis
commenced shooting, the fimt .hnt
striking Agee. As Agee and Stewart
" '"B l,J uisarm Jjavls. Mrs.
ivwai was Kinea. Stewart had a pis
ioi. out said he did not fire it. The
:'""'"" ouri neld that Davis- hav
nig a pistol when he arrived at the
house was not conclusive evidence that
ic iiiiciiueu lo use It.
DEFENSE HAS NEW EVIDENCE
Attorney Toozc Proiiiises Proof That
a Shot Was Fired by Mr. Stewart.
',LAf- r- April 7 ' Special.)
Additional evidence, by which it is pro
posed to impeach the testimony of
state witnesses, is promised by Attor
ney -Walter Tooze. counsel for Louis
r? ?Z ; ,""',h today WJn the riSht of a
Davis' new trial . will come up at
the August term of court in Dallas,
rwn ?,h,a,"Ke of venue to Marlon
County will be asked.
anA1 defens h been self-defense,
b??., I ey Toze ton'sht said the
battle for an acquittal verdict will
till be conducted on that basis. Mr
Tooze said he had gathered evidet.e.,
tending to show that Stewart. Davis'
father-in-law. also had fired a wea
pon ddurlng the quarrel. This point
was denied by Stewart at . the trial
4 ASK CCMMISS10NERSHIP
Only Republicans Enter Hate
WJiccJcr County Office.
FOSSIL. Or.. April 7. (Special
County Commissioner seems to be the
office in greatest demand in Wheeler
Judgin.s from the ""'"her of
2andidates. Those in the race are: M.
Dukek of Fossil; NT. S. Nelson, of Win
lock: R. K. Wright, of Spray, and r
cans U8hlin- of Mitchell. all RepubU-
Tfr Keltay' Republican: Joe
Tounce. republican and Tom Craige
Democrat, are candidates for Sheriff.
Thii, and Rafe Nankins. Re-
re out or Co"ty Treasur
Dent e,r- Democrat, the incum
bent Is the only candidate for County
extradition proceedings against
inent stockmen of Toppenish, Wash.,
have been Instructed to take aggres
sive measures to compel actual impris
onment of the defendants, pending the
. . naoeas corpus action in
resistance of the extradition. The Ore
gon officials complain that, although
the case has been pending for nearlv
a year. Thorp and Calhoun are only
m cusway or snerlfl Uetz
ger, of this county.
Thom n H Palhnnn . . , -
" ' 1 1 , ariifBii in
May, lai3, on extradition from Oregon.
. t.,J, o.i tz cnargea witB receiving
two carloads of stolen horses. They
brought habeas corpus action In the
Superior Court. When this was de-
" "Bainsi mem they appealed to
the Supreme Court, which nnh.iH
lower court. Soon after the remittitur
" 'iea iney nied a habeas corpus
action In the Federal Court, which was
partially heard before Judge Rudkin
last week, but not finished. Should the
ucvjiaiuu ob adverse they promise to
tarry me case on appeal to the United
BOOSTER MEETINGS SET
COMMERCIAL (LIB win.
HEAR DR. W1THYCOMBE.
Banquet for Farmers and Bnalicu Mri
Also to Be Given Contests for
Scbool Children Arranged.
FOSSIL. Or.. April 7 fs
response to an invitation issued from
r Ted. Edwards nreian t- -i-
. . v.ul vl LUC r OSS11
eiiiH .V I Z.;. wm address the
club at a public meeting in the Court
house Saturdav lv,.
. , . -i n . n ii l ne
Agricultural Possibilities of Whi
t v r lno lecture the club is
to give a banquet to farmers and busl-
"l"v me2rniaI1 the county, at
which Dr. w thvnnn.v. , ...
speak. Politic, wm" be aXolcedat
Since the . . .
ardson the FoSsfc,n bee a'ctiv'e
n the formula tinn i
general welfar nf hnth J
ty. To instill th v v.i . .
the scnoo on n,i- . . -
- ,1,: i. I . ! "u s orrered
for the best club slogan, the contests
Zl?B, .Pen t0 a11 chin of school
or k r " J ' vtn--r prizes
?Jn?Cj2.?e .'?te . y the
Lhn;, - siuoents ot the Fossil
school, are offered for the best ar
guments whv Von i w." . . .
fni- t;nnn V no lisell
for toOOO for a six-acre nuhli ..-u
the best of the arguments to be used In
the legal nanmhi.t ... v.. , . . . "
voters of e 'town in advance1 or Jh
uontiing election. The children are tak
ing great (mr,i t ....
i j fcoo uuniesis, and
In addition am snHinn. ...
erature, describing J,ll
Wheeler County in Ietters tha tbV.r
Z V? rela-'es and friends m
Wstern Oregon and Eastern states.
WOMEN MANAGE 'CLEANUP'
Chehalis Makes 1M
- " ii 1 1 1
City Early in May.
CHEHALIS w-M, a . -
clal.) Chehalts' 1914'cleanup day m
: ' una lne c,ty commis
sion will turn the management of the
tir. r 7 . vuuiiuuiee or the
i , , , lvo improvement Club. The
wV,jr wui proviue teams for the work
nt "feestion of the women's oJub
tne city has i mH vrt. TnAi.,.i
- va.a.iic IVUBSQ11
as pure food cemmisetener
A Puro ordinance wad urired
yesterday bvthH Huh wi,i,.i.
one dairy la peddling a product from
HILL OFFERS $50,000
$200,000 Endowment for Eu
gene College Is Jegun.
BIBLE UNIVERSITY DONEE
Railroad Builder's Gift Makes Fos
sible the Expansion or Institution,
After Five Years of Struggle,
by Christian Church Member.
EUGENE. Or., jlnril 7 :,,,!., i
An offer of $50,000 to start a 250 000
endowment fund for the Eugene Bible
University was received today from
iarT,a I' Hl11' the St- Paul "Empire
Builder. It came today. Just two
weeks aftf v e .i . .
- - . kiiuciEuii, presiaent
of the Christian Church College In Eu-
. . plea Ior assistance In
v.j3 uiucB oi air. iui m St. Paul.
lne offer wn -nH v.
members of the board of trustees and
iutr ana steps were taken to launch
a camoaicn in rai.. . v, .i j . . i ,
1200,000. Those present t th nm.
V. . A " . . . " "
entire surprise to the church, were
i iceiue K I . irnmnhAll Tri
versity of Oregon: T. Q. Hxndrlk.
President of Kot. t-w c '
. .. -j , u ii ii oirauo.
uean or tne university of Oregon; A
C. Jennlne-s. .1 1 1 n t .,i
- - usurxo
ross. trustees, and Silas Ricr. f
1 ne srlrt TTIonna mAt. A aw- . . .
University. For the past five vear. it
pansion. It has developed a $100,000
..iiipus, m aaaition to a S20 000 ..
pus for a girls' coliee-e. ntahiia.Ari
three years ago. On th tw
"","""5"' one f which is
$40,000 stone Ktriitu-A K,.ti. i it,,itt
The Eugene Bible University has the
.i- "1BulscaJ school on the Pa
cific Coast. With on 11 - . . .. -
students, of which 50 are preparing to
...nii 3 a a ministers. w lth the
college plant niodernly equipped and
rrow nronerlv pmlnu-.H ni.no
ing laid for one of the stronegst de-
.-,,,,ai,,i4, colleges in tne country.
It is nrnnnxiiH tr n . v. .
Ing $200,000 by subscriptions from the
,. .".i.icou i ue tieia or the
college, as allotted hv th.
Church, includes Oreirnn 'a.hi
and Idaho, and It is blivj ih.i "...i.i.
J. J. Hill ift am a
can be raised.
WAITRESS DIES IN FIRE
EFFORTS TO SAVE WOMAN IN COST.
DON HOTKL BLA7.K Ft'TlLE.
Victim Haiti l.lf rleaa on Tkini..n
Wlndovri Several Prrsoaa, Klee.
Ins, Are Injured,
CONDON, fin Au-! 3 ,u i, ,
I 7- f , l-JIWlrfl.) .
One death, several pepeens Injured ami
a loss of H,060 was caused by a fire
which destroyed h. Oregon Hotel in
this esty early this jr.ernins.
Ihe fire utarted in. the launurv fum
frern B unknown pause and spread
rapidly. The entile building was soon
a luafis of flame
All eccnnp.nta eept two waitresses
Own This Magnificent
Ten-room modified Swiss Cha
let located on onhl
very heart of the most exclusive
uuwes m UAUKJi-,llUJ.tST, one
oiock irom car.
Slanv unimie fntiii-oa
porated and details worked out,
making ii m a class by itself
interesting features are the
massive cement norrh. nnrt
cochere and nero-olas
especially for private automobile
ciiLiauKe ai siae ana rear, sun
room or tea room -with automobile
entrance Irom garden pereola.
All -windows and French doors
have a special design of art plate
Inside finished in Eastern
quarter-sawed oak and select Ore
gon fir. Walls treated with flat
tone and decorated to harmonize
i?or particulars call at 2701'
oLaiK. bireet, or jrnone .Slain 1503
A-1515. Auto service.
PAUL C. MURPHY,
Vice-President and Sales Agent for
The Addition of Beautiful Home..
escaped serious Injury. One Jumped
"h th,r1 .story w,ndow and sus
tained severe Injurier. to her back Her
companion fell half way out of the
window and hunr th
overcome by heat and smoke. Efforts
made to save her were futile
cTh Sead woraa" Gertrude Hjortas.
She has no relatives here. The Chi
nese cook sustains k i .
A. Bush Was nprlnn.lv In 1 j ..
naliy. " "";,n'
surcd for $7oJb. " wcrc ,n-
INDIANS USE INJUNCTION
Braves of I. u mini Tribe Want nh-
ing riacc Protected.
SEATTLE. April 7 Renl.i .
hawks and war paint with the injunc"-
non. tne Draves of the Iiumnl Indian
reservation, located in u-h., -.
ty, near Bellingham. ar our .v.!
alps of flshtrap owners who. thev
declare, are iirrmrhii..
. p Tin imning
grounds reserved to the Indians through
" treaty with the United
States. United Htates District Attor
ney Clav All.n hn. k. . .
come chief of the band and lead in the
contemplated legal strategy.
nrougn craven Greene, attorneys
VOUR grandfather would ave
given up all hopes of having
a new suit for Easter, with only
four days to spare.
Today, upon a few hours' notice, you can
choose an Easter Suit here at Ben Sellings
that would do justice to any Fifth Avenue
All that is to be desired in custom tailor
ing,, with the worries and
high prices left out, have
Atterbury System and
R. B. Fashion' Clothes
the choice of Portland men, of every ae and in
every walk of life. " '
Come now and see the great display of new Sprin
and Summer Clothes, from which to choose you?
Laster Suit! J
--- $20, $25, $30 and Upwards
The Boy's Easter Suit
the second floor!
Pnvllurad stnletoP$15.rDS that X mther and h The utmost
Sole Portland Agency for "L" System Clothes for Young Men.
Sold in Portland only by the Ben Selling Hat Store
Dunlap Hats, $5.00 Brewer Hats, $3 00
BEN SELLING Jfffig
Morrison Street at Fourth
of Relllngham. representing the Lumml
Indians. Allen has been notified that
MattAOD brim Bt-A - .
waters adjacent to the reservation, near
Point Frances. in Bellingham Bay
These waters, it is averred, command a
or nerrins and salmon.
ine wmmi, by virtue of a treaty rat
ified years aso. claim the exclusive
rlht to the fishing- privileges of the
waters In question. They ask District
Attorney Allen to bring suit in the
name of the United States.
-pr ntcnoent Theodore Sharp, of
the Indian asency at Lapwai. Ida Is
"'""'"S "or Hereford bulls to be
Fe'rc- l th ,ndlan on the N,
,.h f"rV?Un- Tnl ' "n- itb
d,S Ifr.T f cO"""'loner of In
dian Affairs, who is endeavoring to so
cure the raisin of more and better
beef cattle by the Indians. e"er
Club Joins Fruit Association.
CIARKSTON Wash Anrii -clal.
The V.neland 'inVu. r,'a7 cFun
mltr-e of si,. h-Hv?. a m'
fruitKrower In the community reir.rrt.
t?n vemenu The new orSaniia.
w,t5' b"r 'he name of the Clark
ft hf , UCe" , Aotlon. A meet
ins has been called for Saturday after-
Raymond Woodmen's Home Heady.
RAYMOND. W.sh.. April T. fSpe
clal.) Raymond Camp. No. ST2 Wood
men of the World, will soon move Into
its new lodse building which is re
1 V 1S 'i16 fini,,h'n- touches and which
lll be formally dedicated some time
r,n,tK:- ' ". bM,nS is
,rL , wo srorles hlxh.
CHEHALIS PIPES READY
"ik on Gravity Water System Is
CHEHALIS. Wash.. April 7 f Sne
iCna hrShe "f8 Water PiP for Snl;
b'5 main to be laid from the in
take for the Chehalis gravity water
system that is being btiilt fTonT the
headwaters of the north fork of the
Newaukum River to this city were
hauled out this morning.
The pipes, which are made of wooden
WHEELER ROAD WORK ON
Hills to Be Eliminated on Kowc
Creek Hishny Xcar Foe?l!.
FOSSIU Or.. XpTil 7. (Special )
Detween Fossil und Mitchell, that will
easTrrade In hiUs k "rteS
easy grade all the way. was commenced
Coun?ve rU,Uler th ""Pervisio, of the
ell y OUrt- i5am McGilvray tor
eight years roadmaster of oilliam
fhe" w'o'rkVhe6" !raPl0yed to
new rnrJ i.T,h,o "tlmated st of the
NEWAUKUM FARMER " DIES
Hans Jensen Drops Dead Loading
Wagon at Chehalis Warehouse.
CHEHALIS. Wah.. April 7
clal.)Hans Jensen dropped deaTfrom
heart disease this afterlioon at a
warehouse while loading hfs walon
"ndVw.To doH? was 52
k ? t'-aum :yDTtt
rnrVivi him"' Ch,ldre" and -th
Cattle for Indians AVnntrd
- i nroutrh 'r vn , ... i
. " " ' ' ey. UOrnPVB LKWlSTnv 1Aa 1..11
I III I mill j iuib..,vt ,. ,,-, ., J" " ''"Piai.) I
I.J '-"- a ...,,.,, , al
Fi.S - ii mm - i nn j
acred music for Easter
imes in your owe home on
MAYOR'S CHAIN RETURNED
IVnrileton Kiecntlve cts
Artlt le lost by Thief.
-wSym1?, i1""- ApH1 fecial.)
fLa or Matlock lost a highly ori.J
" and he Advertised, offer-
H hi aI rewarl or Its return.
vet,H s"lco mourned his loss, until
by the WhCn U Was returned to him
"JAIL THEM," SAYS CROOK
Oreson Cxunty AVants Washington
3Ien Confined During Appeal.
NORTH TAKIMA, Wash April -tSpeclaD-Knglehart
" Rigg?r" tt'o"
neya hero tor Croolt ouat. OrVgon.
Hear your favorite
hymns at any Victor
There are Victors and
Victrolas in great variety of
styles from $10 to $200.
Victor Talking Machine Co.
Camden, N. J.
H Do you crave for the
good old songs of heart and
home that bring you the mem
ories of days gone by? Do you
want some inspiring barid
music to set your feet and
CI Do you desire th nl
your command, of havin reneatS TtEf IT greatest P stars at
a'X tever price you want to pay
over a numbVof monff so tfiat ZlF5 ??y ts
gotten in the pleasure"? Incl rlll1 fa
V-tor Department and mVkTfour lelecdon
and have it delivered today. selection
Morrison at Sixth
Tl -r,:-K-.i!:'::;!'!'11!';.!!,.!.!).!? I f I
; ft.?-;:;;'!..;..-.:. .!
: I: 1 ..-.::.;:! Ys ;'-.!!; -'.'H-- ' '
-';Y.' Y" p- ' ' '
VictroU XVI, $200 fi'
Mahogany op oak y)
' ' ' ' Y"" ""' -' mi i iiu. i , , i , it L j
a .wu. r j
Opposite Post Office
-- , m'm