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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 11, 1916)
TIIE MORXIXG OTIEGOXTAX. TTTUKSDAT, MAY 11, 1916. HUTTON ADMITS DRY LAW IS FAULTY Backers in His Attack on Mr. McArthur Are Not Told in De-position. PERJURY EFFORT ALLEGED Witness Stopped by Court Just as lie Starts Keport oil Investiga gation He Says He Made of JUjreHcntatives Record. Replete with spirited clashes between opposing counsel with constant jockeying- for apparent political effect the depositions of R. P. Hutton. superin tendent of the Anti-Saloon League and defendant in the J50.000 damage snit of Representative C. N. McArthur, was taken before Circuit Judge uatens yes terday. The examination will be lin ithed this morning. Tho prohibition law was admitted by Sir. Hutton to be faulty: if there are any persons "behind" Mr. Hutton in the attack against Mr. McArthur they were not divulged; the defense declared its position to be that Representative McArthur's political reputation" is worthless; an attack on Mr. McArthur's reputation was fought for hours and the manner in which the Representative is supposed to have assisted "defiers of Oregon laws" was explained by Mr. Hutton. TVamen of Backers Refused. Herbert S. McCutchan. who filed thej complaint against Mr. Hutton, with Jay Bowerman, said last night that the purpose .of the deposition taking was to get the names of those supposedly financing Mr. Hutton in the publica tion of the alleged libel, and behind him In attacking McArthur. Such a purpose apparently was de feated yesterday, at ieast, for Mr. Hut ton refused to tell who were subscrlb ing to league funds and said that the pum total of the anti-McArthur fund was $5.50. subscribed by Epworth league young people. The witness willingly gave the names of those on the executive com mittee of the board of trustees of the league, who had authorized the publi- f-ntion of the circular, but refused to say who were contributing to the league funds. He declared that "booze" interests had tried to get the namej for a long while and. for all he knew, might be behind the present suit. Attempt at Perjury Asserted. "We have set up that Mr. Hutton and others we don't know published and circulated this document," asserted Mr. Bowerman. "This gentleman very gen erously comes in and says he did it. I suppose he feels safe and immune to our being able to make him respond to a Judgment, anj he evidently has some men of substance, behind this. and contributing to it. Those men who innocently were led by this man to as sist in putting that circular into circu latlon are not responsible, but those who knowingly gave money to that fund and assisted In putting that clr cular out and advised the voters to commit crimes are. parties." Mr. Bowerman further said that the A.jvice in the- circular amounted to ask ing citizens to commit perjury by reg istering as nepuDlicans to defeat Mr. McArthur. He also berated the oppo sition for accusing Mr. McArthur of be ing responsible for omissions and over sights existing in the present dry law. Fault In I.nw Admitted. The attack on the constitutionality of the portion of the dry law referring to the sale of pure alcohol by druggists on affidavits was admitted by Mr. Hut ton to have much merit. o want to thank you very much lor calling our attention to the appar rnt unconstitutionality of this provi sion," said Mr. Hutton. "We hope to remedy it. t presume you will go down into history as the man who stopped tne sale or alcohol in Oregon, Mr. Bow erman." The constitutional amendment adopt ed by the people makes no provision Tor the sale ot grain alcohol by drug gists on affidavits, which is permitted by the law drafted in the 1915 Legis lature, and this affidavit sale stands an excellent opportunity of being deleted irom tho law. - Report on Investigation Stopped. When, in the afternoon. Attorney Robert Maguire for the defense, in the cross-examination, began to inquire into the results of the investigation Mr. Hutton said he had made of Mr, McArthur s record, Attorney Bower man Interposed a vigorous objection Judge datens sustained him, and forced the attorney for the defense into mak ing Mr. Hutton a witness for the de fense he had been called bv the plain tiff and paying the expense of further deposition taking. The argument consumed hours, and wnen settled, there was no time for th Introduction o the sought-after evi donee. l ne objection was based on th ground that the character of evidence was not proper In the defense of libel suit, Mr. Bowerman arguing that tne aeiense naa a right to go into th general reputation of Mr. McArthur, out noi 10 inquire as to specific acts. Cane Drclami Political. "Mr. McArthur says his political rep utation le worth J50.000. ' retorted At. torney Maguire. "The defense says it isn't worth anything. We have a right to prove all facts that go to mitigat damages." "Why prove now?" interposed Judge salens. rne trial Is not being- held." "There is no bona fide reason for this deposition, replied Attorney Maguire. "It is not intended for use in the trial. The case was started absolutely for political etlect, and will be dropped on the 19th. They have tried to have my client indicted for crime. If these tluns alleged in our answer are true Mr. McArthur has no right to hold any iruMiiun oi nonor or trust. "We are here to try one question," returned Attorney Bowerman. "This Is a lawsuit, and our client's reputation lias been assailed. " This big "I am' of Oregon politics has spread lies and libel, and if refuted, like a skunk he would put in bad odor the man he has attacked." Coort Calls Is KUhlng Expedition. Circuit Judge Gatens announced hu morously that, while the court was neutral. It was taking Judicial knowl- How Can You Know Piano Values? I How are you to satisfy yourself as to the real value of the piano you are about to buy ? Can you judge piano values by outside appearances, determine the permanence and quality of tone, by one hearing? Do you know piano construction in plate and scale design ? Can you pass upon the quality of action, varnish work veneers, and can you trust your own judgment as to durability and dependability? CJ The one sane and safe way to buy a good piano is to patronize a house of highest commercial standing, state your needs, and benefit by the judgment, the experience and the integrity of that house. You will pay no more, and your after-satisfaction will prove the wisdom of your choice. Ci Selling good pianos and giving the best values possible for the price has been our particular care for nearly forty years. That you can buy more piano value for each dollar expended here is our firm belief, and we know that your after-satisfaction, because of quality, service and appreciation, will be greater than you could expect. CJI Some splendid values in used pianos, at very low prices and on very easy payments, are being shown this week. YOUR MONEY'S WORTH OR YOUR MONEY BACK PLAYER PIANOS, MUSIC ROLLS, VICTROLAS AND RECORDS MORRISON STREET AT BROADWAY Other Stores Vancouver, San Francisco, Oakland, Sacramento, San Jose, Loa Angeles, San Diego and Other Coast Cities. PAT KORAN, MANAGER Philadelphia National League Champions, Praises ALLEN'S FOOT-EASE Training Camp. St. Petersburg. Fl-u. Mar. IT l16. Mr. Allen S. Olmated. L Roy. Dear Sir Tour package of Allen's Foot Ease received, and It did not take my boy long- to take them all away. AH apeak fine for Foot-Eaae and you may refer to my club if you care to. Thanking you very kindly Very truly yours. PAT MO RAN. Manager rnuaBinia juunai league 511 Club. Shaken into the Shoes and used In the Vnat Bath, Allen's Foot-Ease removes the schei and eoreness that come to the feet with Spring days and activity. Sold by Drug; and edge of the fact that the prominent ssues yesterday would not - ub vhw estions after May is. e cnircit. - zed the proceedings as a fishing ex pedition" and himself as an "orna ment." Mr. Bowerman asserted that he was ready to file a motion to strike put all irrelevant portions of the answers filed by Mr. Hutton, which ne mmiume" included the attacK on wir. mcai mm -record. Judge Gatens said that in event the motion was sustained all the mater ial bearing- upon these aiiegain o.j aken in depositions would be denied the Jury. Mr. Hutton naa lesimeu i mi. Arthur's voting against a law to tun trol liquor shipments into dry terrl-tnr-xr ni a law rrovidiner summary methods of dealing with recalcitrant public officials who would not eniorco dry laws, and was warming up tor the record of Mr. McArthur in the land frauds when the court called "time." Rrfnuil DrHand Aid o Kisnlon. Who are the home defiers you refer In the circular?" asked Attorney Bowerman of Mr. Hutton. in the morn- ng session. ! Tk E,in0Hntpti(1fnt began an ex tended explanation of his position, but was interrupted. Do you mean all people bh.ijpis liquor Into the Btate. wnetner snippcu in accordance witn your ii i "In a way. was tne admission. .. ii.iunn o-rnlaineri that Mr. Mc Arthur's refusal to assist the fight for National prohibition, was a direct help to those who evade the law by illegal shipments into Oregon. On direct examination i ton Attorney Bowerman oemanum know what he meant by the use of we" In the circular, l ne supennici nt explained that "we are not Re publicans" meant the league, we ar dry independents" meant the indivi duals and "we are registered as Re- publlcans" meant nimsen. rhancn of Theft Made. Don't you know that Justice Mc- Brlde has defined 'we' in that sense as applicable only to an editor, an emperor, or a man with a tape-worm?" demanded Mr. Bowerman. Tho nffKtiB ire circulars were aistrio uted Sunday. April 8, and for several days following, said Mr. Hutton. Then th distribution ceasea, ne mammueu. "Do you mean to say you have not h.n handing them out since?" asked AttnrneV McCutChRn. "Only when agents of Mr. McArthur enme in with misrepresentations to se -nr some, or steal them," was the reply. , Ttiit vnn see anyone steal any? "Mv office girl did," answered Mr. Hutton. "Some were stolen when my back was turned." "Wkn was the thief?" "I believe it was a lady the wife of a very politically active worker for Mr. McArthur." "Who was she?" Mr. Amidon la Mentioned. "From the description given me should sav she was Mrs. E. L. Amidon, "Then you charge Mrs. Amidon with having stolen some of the circulars?" "I charge her with having swiped them." Mr. Hutton was asked why "he did not name A. W. Lafferty in the circu lar when he mentioned those pur- wrtlnsr to be all the candidates for Representative in Congress. "I believed Mr. Lafferty was down and out politically and financially, so I did not mention him among the can didates." answered Mr. Hutton. The Antl - Saloon League superintendent went on to explain that he had been informed by an eider in the Presby terlan Church that Mr. Lafferty had asserted he was not running, and that he took the word of the churchman despite the paid advertisements of Mr. Lafferty he had noted In the news papers. Solicitation of Orders Condemned. "Was not the real reason you left Mr. Lafferty out because he was known to e in favor of prohlbitio-i. and It would have been necessary for you to explain your choice between him and Mr. Littlefleld? " was asked. "No," replied Mr. Hutton. Soliciting orders In Oregon by mall was condemned. Attorney Bowerman demanded to know of Mr. Hutton where Mr. McArthur had a part In that. The Oregon law permits the importa' tion of liquor, but not the solicitation of orders. "Then you complain that th state of Oregon cannot regulate th fnited States postoffice?" queried Mr. Bowerman. "But where In this is Mr. McArthur assisting the defiers of Ore gon laws Depositions will be asked of William H. Taft. Attorney-General T. H. Greg ory. ex-Attorney-General G. W. Wick ersham and Representative McArthur. The time was set for May 16, but At torney Magure objected to what he said was a political move and demanded 1 that tne. depositions be made forthwith. DAK NG LEAP FUTILE George E. Thorne, Alleged Forger, Is Recaptured. rooming-house window. He told the officers that at the first opportunity it was his intention to commit suicide. In December, 1915, Thorne. alias William A. Hilton, was arrested In Portland on a California forging charge, as well as on information from Arizona and the East. He was taken to Vancouver to await trial. SUICIDE THREAT IS MADE Man Wlio Escaped I'rom Jail and Jumped From Third-Story Itoom-Jng-Itouse Window, to Go to Vancouver for Trial. Only a few hours of liberty were gained by George E. Thorne, charged with, forgery, by his 80-foot leap from the window of a rooming-house. In the small hours of yesterday morning. Thorne was rearrested at noon yester ay by C. T. Pray, Fpcial agent for the Department of Justice, and City Detectives Swennea and P. Moloney. As a cordon of officers- closed about the rooming-house where Thorne had taken refuge, at Kighteenth and "Wash ington streets, he sprang from the third-story window and escaped. This was his second sensational break from the law in the week. On May 5 he sawed his way out of the Vancouver jail with a manicure file. The trail of the fugitive was again picked up by the detectives, through his friendship with a young woman. She was taken in custody by Detectives Moloney and Swennes and Special Agent Pray, following Thome's seVortd escape, and closely questioned. The fugitive's girl" friend broke down under the investigation and disclosed his new hiding place. When Thorne first fUd to this city from Vancouver he secured a room in the Buckingham Hotel, Ella and Wash ington streets. He left that place Monday, and did not return until he had outwitted the police in yesterday morning's affair. That he had returned to the Buckingham, and was in hiding there, was the information the young woman gave the detectives. While she called Thorne on the tele phone and engaged him in conversa tion the officers entered the Bucking ham and surprised him. He was at once taken to the City Jail, to await the arrival of Sheriff Biesecker from Vancouver The prisoner nursed a very lame rm and had many body bruises as the result of his reckless leap from the AUTO PARKING REQUESTED Petition Presented Upon RemoTal of Tracks Prom Stark Street. The removal of the tracks of the United Railways Company from Stark street having relieved congestion tn that street between First street and Tenth street, property owners have petitioned the City Council to amend the traffic ordinance so as to permit the parking of automobiles in the street. At present it is within the restricted parking district. In addition to two general petitions, letters have been received from in dividual property owners asking for the change. BIG STICKS GO TO EUROPE Ten Cars or Timber Ixiadcd at Har rison for Uio Allies. HARRISON, Idaho. May 10. The loading and shipment of 10 cars of huge white pine timbers for the use of the allies in Europe was completed here today under the Inspection of Canadian timber buyer. The timber is 30 to 40 feet long and from zt to 40 inches thick. Seven car loads were billed to Baltimore and three to Quebec. The freight from Harrison to the coast was $414 a car load. It is said that the selling price here of the timber was $50 a thousand feet. The price of average lumber is $1. Orplieum Going TTnder Hammer. SEATTLE. May 10. The Orpheum Theater building and site at Third ave nue and Madison street will be sold at auction next Saturday to satisfy Judgment obtained by an Eastern in aurance company against the theatri cal firm of Sullivan & Considlne. Judg ment, court costs and fees amount to $388,000. The theater is now closed. Dr. K. A. Marshal Hit by Auto. Dr. E. A. Marshal, with offices in The Oregonian building, was struck by an automobile while he was crossing the street at East Sixth and Aide streets Tuesday night and was badl bruised. He was taken to his offices, where his injuries were found not to be serious. Pain in Back of Meek Often Denotes Kidney Weakness. 8ymptoms of kidney -trouble are vari ous, Dui pain in back oi neok and doll. aching lee lings in amali of back are to be looked for. Simply by realising that than distresses are often the onset or signals of kidney tremble it le well to get rid of them immediately by toning the Sidneys. The very best way to do this is br taking a little Annric with the meals. In this way it is dissolved with the food and finally reaches the kidneys, where It baa tonio effect. "Annric" was recently discovered by Doctor Pierce, ot Buffalo, N. Y., whern it has been thoronehtv tested in his Invalids' Hotel. Many can at once associate Dr. Pierce with his great tonic, "oiaen Meaical Disco very, r and his "Favorite Prescription," universally known as an invigorator for womanly ills. Kidney. Bladder and Uric Acid troubles bring misery to many. When the kidneys are weak or diseased, these natural filters do not cleanse the ciooo. sumcienuy, and the poisons are carried to aL. parts of the body, There follow depression, aches and rains, heaviness, drowsiness, irritability, headaches, chilliness and rheumatism. Xn some people there are sharp pains in the back and loins, distressing bladder disorders and sometimes obstinate dropsy. The uric acid sometimes forms into gravel or kidney stones. When we one acia anects the mnscles and joints, it causes lumbago, rheumatism, guu or sciauca. Some one daily offers his or her words of praise of "Annric." Here la what Mr. Chas. R. Zampich has to say: "I was troubled with rheumatism for a lone time. Just as soon aa th weather changes it bothers me. it attacks my gs and in through the shoulder blades! KJdnevs were congested. Recently I used " Annric,'' and IIV .. ! ss-A s ! I am pleased to say it has relieved me wonderfully.' JSttpJm thajirug store and QctJA. mil V - vu. fj j " - y , - .yrr f X . 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