Morning Oregonian. (Portland, Or.) 1861-1937, July 29, 1915, Image 1

Morning Oregonian., July 29, 1915, Image 1

Image provided by: University of Oregon Libraries; Eugene, OR

About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 29, 1915)

Page of 16 Next Prev Issue Next Text PDF JP2 (4.7 MB) Clip/Print Image

Return to Top

Page of 16 Next Prev Issue Next

Newspaper Page Text,-s; VOL. LV XO. 17,060. PORTLAND, OREGON, THURSDAY, JULY 29, 1U15. PRICE FIVE CENTS. PATENT OFFICIAL IS CASHIER WITNESS Claims Premature,Says Mr. Sewall. RIGHTS NOT ESTABLISHED Applications Not Made When j Claims Were Made. ONLY ONE IS OWNED NOW TRIP TO AVOID DEATH IS FATAL TOURIST WHO FEARED STEAM ER VOYAGE IS KILLED. When Company Heralded Claim That It Owned One Device and Held Patents to Five It Had Not Yet Applied for Patents. ' E. D. Sewall, of Washington, D. C, supervisor in charge of the classifica tion bureau of the United States Fatent Office, was a star witness for the Government in the United States Cashier Company trial yesterday. He testified that when the company, October 29, 1911, advertised in regard to five of its coin-changing devices that It not only controlled, one of them, "but owns and controls patents to all of them," patents had not even been ap plied for. These five machines were the bank cashier, lightning change maker, add ing machine, change computer and cur rency paying machine, and computing change machine. The company does not yet own patents on the adding machine, change computer and currency paying machine, and change computing machine, he tes tified further. He said a patent for the lightning change maker was issued on July 6, 1915. This was the day the present trial began. "Now let's take up each machine sep arately so as to make it perfectly clear," said United States Attorney Reames. "From your examination of the records of the patent office, does the United States Cashier Company own a patent to any adding machine?' "No," said Mr.-Sewall,- tt does not." - -CnvOctober 29, 1911. did the United States Cashier Company have an ap plication on file in the patent office for an adding machine?" "No, sir." "Take the lightning change maker," went on Mr. Reames. "On October 29, 1911, did the United States Cashier Company have an application on file tor this machine?" "No. sir." "Has the patent issued now?" Mr. Sewall turned the leaves of a record book he had brought with him from Washington. "The records show that a patent was Issued on July 6, 1915." "But on October 29, 1911, when this advertisement was published saying the company 'owns and controls pat ents' to all its machine;, an application was not on file?" "No, sir." "Well, take the change computing and currency paying machine. Was an application on file October 29. 1911?" "No, sir." "Has the company got a patent now? "No, sir," returned the witness. Defense Makes Objection. Mr. Reames then questioned Mr. Se wall in regard to the bank cashier ma chine. Martin L Pipes, chief of coun sel for the defense, objected and the United States Attorney said he would not press the point then. He went on to question Mr. Sewall about the fifth of the machines, the coin computing machine. "Has the company got a patent for -this machine?" he asked. "As shown by the patent office rec ords," answered Mr. Sewall, after paw ing through his record book again, "it does not own a patent to this machine.' "Did the United States Cashier Com pany have an application for a patent on file on October 29, 1911?" "No. sir." Mr. Reames said that the next part of the testimony he expected to in troduce through Mr. Sewall would prob ably take three-quarters of an hour even to get started on, and that he pre ferred to begin afresh in the morning. A.s It was nearly 5 o'clock, Judge Bean adjourned court Witness Relates Patent Service. Mr. Reames had previously brought out that the witness. Mr. Sewall, has been in the United States Patent Office for 25 years, 9 years as assistant ex aminer. nine years following as prin cipal examiner, and more than six years as supervisor of the bureau of classification. The witness also testified that he had taken a course in law at Georgetown University, and later a course in pat ent law at Columbia University. He explained, in response to questions by Mr. Reames, that he was the author of a work on patent law. "You have examined the records of the United States Patent Office for pat ents issued and applications for pat ents made by the United States Cashier Company?" "Tea. sir." - "Over what period have you ex amined the records?" "From January 1, 1909, to December SI. 1914." replied Mr. Sewall. William S. Oberlin. expert machinist and modelmaker, who was in charge of operations at the company's plant from February. 1911, to February, 191J, . i Concluded on Face 11, Column Otto Sliirmer, Rather Than Ride In Gasoline-Laden Craft, Comes to Oregon, Is Shot Accidentally. EUGENE, Or., July 28. (Special.) Fearing death on a South American bound steamer loaded with gasoline. Otto Shirmer, who was accidentally shot near Grants Pass Monday night, gave up his Venezuela trip at the last moment before sailing and came to Oregon for his Summer outing. He' was killed on the first day In the woods as he leaned over to drink from a brook. His own revolver was discharged. The story of his fear and of his llth-hour change in plans was told by his sister, Mrs. Augusta Higbert, of Indianapolis, who is visiting in Eugene, and who with other relatives here ar ranged today for his funeral here to morrow. He was an uncle of Mrs. J. M. Devers and Mrs. J. M. Barnaby in Eugene. Mr. Devers left yesterday to bring the body here. For many years Mr. Shirmer was a traveling .salesman on the Pacific Coast. Several weeks ago he and four companions left for New York on their way to South America. On their ar rival in New York they discovered that the boat was loaded with gasoline, and turned back. A member of the party was August Riddel, owner of a mine in Southern Oregon, who suggested they spend the Summer there. They gath ered an outfit in Eugene last week. ALBANY GETS FIRST WHEAT Yield in Vicinity Is Running From 2 0 to 3 0 Bushels. ALBANY. Or., July 28. (Special.) The first 1915 wheat received in Albany was delivered at the Red Crown mill, of the Portland Flouring Mills Com pany, here today. It came from the farm of Edward Holloway, about four miles southeast of Albany. It tested 62 pounds to the bushel and was of splendid quality. Threshing began in this county Monday, but rain inter fered today. Wheat thus far threshed is running from 20 to 30 bushels to the acre. LIQUOR SHIPMENTS BARRED Railroads to Refuse All Alcoholic Beverages for Arizona. SAN FRANCISCO, July 28. All bev erages containing alcohol, no matter in what proportion, will be refused for shipment into Arizona by all railroads entering the state, it was announced today by the Southern Pacific Com pany. This decision, it was said, was reached after a conference between Wiley Jones, Attorney-General of Ari zona, and representatives of the rail roads. IB ASSASSINATES HAITIEN PRESIDENT Ruler Snatched From French Legation. AMERICAN MARINES LANDED Force Will Remain Until Per manent Order Returns. PORT STILL IN DISORDER Outbreak Is Led by Relatives of 160 Political Prisoners Massa cred In Jail Body Dis membered by Popnlace. WASHINGTON. July 28. Following the assassination of President Gull laume, of Haiti, by a mob at Port-au-Prince today, American marines were landed at Port-au-Prince to protect lives and property of Americans add other foreigners. The mob broke into the French Le gation. In which the Haitlen President had taken refuge, and shot him to death. They then dragged his body through the streets at the end of a rope, finally dismembering It. Relatives of Victims In Mob. The mob was led by relatives of the 160 political prisoners who were exe cuted yesterday. Rear-Admiral Caperton advised the Navy Department late tonight that he had sent a force ashore fronj the cruiser Washington. Rear -'Admiral Benson, acting Secretary of the Navy, declined to make the message public. but said: "Admiral Caperton now has the situ ation in hand." Marines to Stay Indefinitely. With this order, the first step by the United States to re-estawllsh peace in the Haitien republic was taken. While officials would not indicate the nature of their plans, the general be lief tonight was that the marines would not be withdrawn until some definite arrangement was made which would give promise of permanent peace throughout the republic Admiral Caperton has 400 marines and bluejackets on board the Wash ington, which arrived at Port-au-Prince today, and the collier Jason, with another 100 marines, is due there tomorrow. Additional forces are avail- (Concluded on Page 12, Column 5.) INDEX OF TODAY'S NEWS The Weather. TESTER DAT" 8 Maximum temperature. desreee; minimum, es dcirtft. TODArs Showers: foothwcalarlj winds. War. Tsar of war ihoi Invasion sear laughable, are British Premier. Pass . British soldiers wssts food. Pass s. President of Pace 1. Foreign. Haiti assassinated Mexico. by mob. Washington believes pesce mtvs bow on foot in Alexico will luccced. i'sge -National. Portland man arrested tn Berlin on serious charge of aiding 11 r! ton lo obtain passport- Page 2. Demand to be msds on Oermany for pay ment of Leelanaw. Paso 1. Domestic. Coroner's Jury In Eastland ease has secret ronrsrencs wun becreiarjr iicaiiaio. Page 11. Coat of producing- grain of radium reduced to r.a.0i0. Page A. Panflc Coast declared natural horns of pesr. Page 2. Court denies new trlsl snd ex. Police lieu tenant Decker muat die Friday. Psss 1. Sports. Parlfle Coast League results: Vernon 1. Portland 0: Ban Krmnrlsco 0, Oakland 2; Loa Angeles 8, dalt Lake T. Pass 10. McCredle sells liswortb to Cleveland. Pago 10. Qllmors blsmes Baa Johnson for Fed. rsJd which takes Art Korea. Psss 10. Whits Sox shut out Red Sox. Pass 10. raclfle Northwest. Public Vtlllllee Commissioner Remolds not to have Seattle headquarters. Psss ft. Tourist who vtstts Orscon to avoid death at sea la killed In woods. Pass L. Commercial and Marine. Exporters hid higher prices for early wheat. Page 15. Chicago traders skeptical as to black rust damage. Page 10, Steel stocks and war contract shares advance strongly. Psss IS. Hopyarda Hat demand for 1500 pickers next month. Paxe 12. Historic prison ship to reach Portland soon. Pago 12. Portland and Yletnlty. Patent official Government witness la Cash ier trial. Pass 1. Old land-fraud trials echoed In Dodge tim ber esse. Psse 16. Women railroad ticket scents to wait only on women and men who insist. Pass 16. Weather report, data and forecast. Pace 13. Archbishop Bonsano, papal delegate, will visit Portland tomorrow. Page 3. Portland aerie prepares to participate In Spokane convention. Pace 9. Columbia University Geographical Society Portland guests. Page 11. Twenty-five hundred enjoy crocers plcnle st Bonneville. Pace 11. In spite of sexiea of misadventures news paper man geta bride. Pace 11. GERMAN GRATITUDE SHOWN American Red Cross Thanked for Gifts of Motor Ambulances. WASHINGTON, July 28. The grati tude of the German Red Cross for hos pital supplies and four motor am bulances, sent by the American Red Crossla expressed In a letter-received at Red Cross headquarters today an nounclng the arrival of the shipment In Germany. "We rejoice greatly over the gen erosity of the American Red Cross, the letter said, "which has been so manifest through their gifts. We are particularly pleased to know that the students of Vale and Harvard univer sities, who represent the highest in telligence, are responsible for the gift of four ambulances. GERMANY ASKED TO PAY FOR LEELANAW Failure to Jettison Car go Set Forth. PRUSSIAN TREATY IS CITED Captain Says Submarine Com mander Was Courteous. Wednesdays War Moves ALTHOUGH the strong relnl Germans are using t1 SHIP'S PAPERS HETAINED This Issue Not Disputed, bat Single Attempt to Escape, Not Persist ed In, Is Held Not to Jus tify Destroying Vessel. WASHINGTON. July 2S. With the receipt late today of practically a com plete report of the torpedoing of the American steamer Leelanaw by a Ger man submarine. State Department offi cials began the preparation of a note to Germany requesting the payment of damages on the ground that the Prussian-American treaty of 1SI8 had been violated. A report from American Consul Den nlson at Dundee. Scotland, brought to light the fact that the captain of the Leelanaw attempted to escape, but sub mitted to visit and search after warn ing shots were fired. Right te Escape Maintained. The right to escape, officials de clared, is conceded by International law, only repeated attempts to evade capture or forcible resistance being re garded as affecting the case. Unofficial reports that the German submarine commander was unwilling to Jettison the cargo of the Leelanaw and to allow her to proceed, as the treaty of 1828 provides, cleared up doubts here on this point. The nate rial necessity for the presentation of a claim similar to that made In the case of the William P. Fry was therefore practically ready for presentation to night. fc , . ... Ceasttl Cables lie port. The complete report of Consul Den nlson, dated today, was as follows: "Leelanaw's crew here; all safe. Sail Saturday on St. Paul. Master under oath says sighted German submarine July 25 CO miles north of Orkneys. Kn deavored to escape. Fired on at dls tance of two miles, shot falling short. Hove to and stopped. "Submarine signaled for ship'- pa pers, which were sent. After examln- and gun, they have not yet succeeded In breaking the Russian resistance either around Warsaw or in Kovno and Courland provinces. In each of which sectors heavy fighting has been In prosrreas for nearly a fortnight. Kxrept for the capture of the village of Go worowo. on the Narew front, and a number of prisoners and machine guns at that point and between alllal and the Nleraen. the German official report Issued yesterday does not assert any advance. In fact. General von Buelow In the north and Field Mar shal von liindcnburg. who crossed the Narew at some points, are being held up by Russian counter-attacks, which although probably costly to tne Rus sians, thov thst there Is still plenty of fjyleft In them. ti" - southeast Field Mars.ial von -ckensen'a attack on the l.ublin- Chelm Railway seems for the moment to have come to a standstill, although he, too. Is receiving reinforcements and assistance from the Austrian, who succeeded in crossing the Bug at SoktL To the west of Warsaw the Germans announce the capture of the village Plorunov. which is about 16 miles west of the. fort line of the city. There is a good deal In the Russian and German official reports which can not be reconciled, but on the whole the British critics are more hopeful than for some days that the Russians will succeed In withstanding this effort to capture Warsaw, as they did the pre vious attempts. The stubborn resist ance of the Grand Duke's troops, to gether with the fact that the battle is being fought on ground of his choos ing, baa renewed the hope in England that with a sufficient supply of mu nitions he will be able to inflict a strategic defeat on the Germanic allies. BECKER MUST DIE; HEW TRIAL DENIED Justice Ford Says Law Forbids Action. FRIDAY IS ELECTROCUTION DAY Concluded on i'ajre .1. Column 2.1 The Germans have again attacked the French In the Vosges and In Ar tols, near Souchex, In an effort to re gain trenches lost during the last few days, and have been partially success ful In both places. So far as the western line Is con cerned, "comparative calm" prevails, but from the confidence expressed by Premier Asqulth in making the ad journment of the House of Commons yesterday and the cheerful report of the Minister of Munitions. Mr. Lloyd George, as to the steps taken to supply the British army with war munitions, greater activity before long Is expected. PONTIFF THANKS GERMAN Receipt of Contribution From Illshop of Treves Is Acknowledged. BERLIN. July .28. By wireless, to Sayvllle. N. T. The Overseas News Agency says that Bishop Korum. of Treves, has received an autograph let ter from Pope Benedict thanking him for the Peter's Pence contribution. The Pontiff says be deeply regrets this bit ter and prolonged war. which has robbed him of the possibility of main taining personal relations with hi best friends. The Pope closes his communication by sending tl.e apostolic blessing to the bishop of the clergy and their nation. SCENES IN HAITIEN CAPITAL AND AMERICAN WARSHIP AND ADMIRAL NOW THERE. Wife With Doomed Man When Decision Is Given Out. IV :TV Vf I ) l :Fv.fc 'l J htiX-1 li j J I , . u, v MUW' ' offv - . ; NV fl? 4 , I i V-- 'XXTi - - ? - - " - -- . v-- TTJl-M K .-we' , G;r-'...iiiii.wwisii Sinn- i miliums m i in i n i i 1 1 1 i m n 1 i ' 'i " ' rr " " ' ' i' ''tT r ' K . rr''-'-T--- ' ' .' ." ;'- '-'''.rrt j I ' l i I SSI I TOP (LKFT) MARKET SCE.VE IX POUT All WU.VCE. (1UU1ITI PIIKSIUKM'S p.l,AC'i:, FHUM WHICH Ul ILI.Al' UK WAS DH1VE.N BKKUHt: HIS WAS SLAI.. . cai lSLH W ASllItiTO. A.U KEAB. ADMIRAL. W. li. CAPEUTOX.' ULLUW l.MTED STATES RULING TOUCHES JUDGE Announcement of Finding Is Made on Anniversary of Birthday of Jurist. Who Says lf Hard Way to Celebrate. NUW YORK. July IS Justice Kerd. of the Supreme Court, tonight denied a new trial to Charles Becker, the ri pollce lieutenant under sentence of death for instigating the murder of Herman P.osenthal. the gambler. This decision means that Becker must be electrocuted Friday. Justice Ford announced his decision at 10 o'clock tonight in his chamber., where he had labored for several days and nights on the briefs submitted for and againt the application for a new trial. He called the waiting newspaper men into his chambers and, as his sec retary handed them copies of lila type written decision, the Justice said: "I have denied the motion for a new trial. And this Is my birthday. I'm 5S today. It's a pretty tough way to spend your birthday, ln't It?" I "-! Ion Krsrkri TaeeSay. T virtually arrived at my decision Tuesday night." said Justice Kord. "but spent many hours since then phrasing and arranging the opinion. Then the justice chatted for several minutes on the law Involved In the case he had Just decided. Mrs. Becker was said at that very moment to be vl..ltir.g her doomed hus band In Sing Slnt- Justlce Ford's decision covered five full pages of leal-cap paper, and con tained about 1S00 words. It goes into the details of the affidavits filed by the attorneys for Becker, and declares that the evidence proffered "U for the most part cumulative and hence Insuf ficient." New Trial far bid Wy Law. Referring to the plea of V. Bourke Cockran, chief counsel for Becker, that the right to grant a new trial la In herent In the court, the court's decision says: -I cannot find anywhere In the au thorities even a suggestion that this court possesses any such ( Inherent ) power. On the contrary, as has been pointed out, the power Is granted by statute and must be zeroised in strict compliance with It-" In conclusion the court says: "As I studied the authorities and examined the affidavits, the conviction has grown upon me that It (a new trial) could not be granted without disregarding the law and attempting to usurp the functions of another department of gov ernment. "The motion, therefore, is denied." Decision Kads llerker'a Ctsaaeea. Justice Kord was asked later about a possible appeal by Becker from the de cision, but he declined to say whether Becker could appeul. Justice Ford's decision means that Becker undoubtedly will be put to death In the electric chair shortly after daybreak Friday for a crime of which he was twice convicted, after two sensational trials which attracted widespread Interest. The decision disposed of the latet effort, to save Becker, begun last Fri day when Supreme Court Justice Fhil blr. granted an order for the District Attorney to show cause why a new trial should not be granted. The writ waa returnable Monday before Justice Ford, and Becker's exe cution, fixed for today, was put off until Friday at the request of Justice Ford, who wanted more time to con sider the affidavits. HIXKKK HF-AUS NEWS CADMI.Y Doomed Man Disappointed, hut Not Afraid to Die, lie Says. OSSIN1NG. N. Y-. July IS. Charles Becker, In the death chamber at Sing Sing Prison, tonight calmly received the news that his appeal for a new trial had been denied. Father C'ashin. the condemned man's spiritual adviser, said later that Becker bore up well. Becker had been waiting for some news, and when Deputy Warden John son reached his cell. Inquired: "Have I lost?" Mr. Johnson replied: "Yes. Charlie; I am sorry to say you have." Becker's voice was thick as he said: "I had been hoping against hope that I would win. and I am disappoint ed. I am not afraid to die." Heavenly Army lleortel Mobilizing FORT WORTH. Tex.. July IS. Eight hundred Seventh - Day Adventists, camjed at Delworth. between here and Dallas, expect the "second coming of Chrikl" ar.d the "marshaling of the heavenly army In the skies" as soon as the allies capture Constantinople. It was announced.