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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 29, 1915)
VOL. LV XO. 17,060.
PORTLAND, OREGON, THURSDAY, JULY 29, 1U15.
PRICE FIVE CENTS.
PATENT OFFICIAL IS
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
These five machines were the bank
cashier, lightning change maker, add
ing machine, change computer and cur
rency paying machine, and computing
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
"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?"
"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?"
"Has the patent issued now?"
Mr. Sewall turned the leaves of a
record book he had brought with him
"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?"
"Well, take the change computing
and currency paying machine. Was an
application on file October 29. 1911?"
"Has the company got a patent
"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
"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?"
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
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
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
"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
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
This decision, it was said, was
reached after a conference between
Wiley Jones, Attorney-General of Ari
zona, and representatives of the rail
Ruler Snatched From
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
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
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.
"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
TESTER DAT" 8 Maximum temperature.
desreee; minimum, es dcirtft.
TODArs Showers: foothwcalarlj winds.
Tsar of war ihoi Invasion sear laughable,
are British Premier. Pass .
British soldiers wssts food. Pass s.
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-
Demand to be msds on Oermany for pay
ment of Leelanaw. Paso 1.
Coroner's Jury In Eastland ease has secret
ronrsrencs wun becreiarjr iicaiiaio.
Coat of producing- grain of radium reduced
to r.a.0i0. Page A.
Panflc Coast declared natural horns of pesr.
Court denies new trlsl snd ex. Police lieu
tenant Decker muat die Friday. Psss 1.
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.
Qllmors blsmes Baa Johnson for Fed. rsJd
which takes Art Korea. Psss 10.
Whits Sox shut out Red Sox. Pass 10.
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.
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.
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
"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
Germans are using
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
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
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
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.
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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
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
-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
"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
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.