Morning Oregonian., January 16, 1917, Page 3, Image 3

V
TITE 3IORXI3TG OltEGOXIAN, TUESDAY, JANUARY 1G, 1917.
CHOKHiG DESCRIBED
BY BOY ON STAND
SEVEN-YEAR-OLD LAD WHOSE BRUTAL PUNISHMENT CAUSED
DIGGS-GANIINETT1
CONVICTION UPHELD
HOLDING OF WILL ORMOND TO GRAND JURY YESTERDAY.
Store for Men
Stanley Tomlinson, Aged 7,
Says Breath Is Nearly
Cut Off at Times.
WILL ORMOND IS HELD
Woman and Boarder Testify That
Welts Are -Caused by Accidents
and That Iiad Is Wicked
V liiar and Thief.
A bright youngster, with none of the
superficial 'smartness" which Is found
in many boys of his age, told a frank,
straightforward story in the court of
District Judge Bell yesterday, which
resulted in the holding of Will Ormond
to the grand jury on a charge of as
sault and battery.
Much of his evidence was con
tradicted. The welts on his back, the
bruises which darkened his cheeks, the
marks of fingers on bis neck -were ac
cidental, or were caused by falls to the
floor in struggling to escape a whip
ping with a razor strap, testified
Ormond, who would only admit that a
few of the obvious lash-marks had
been caused by the strap he wielded.
"He choked me with both hands
around my neck. I couldn't get by
breath," said Stanley Tomlinson, the
boy, aged 7 years.
Neighbor Hears Gasps.
"He strangled him until he sank to
the groundseveral times. I could hear
the child gasp for breath," testified
Mrs. H. II. Duff, of 789 Vaughn street,
a neighbor. She was corroborated by
two little girls and a boy who had
been playing nearby. This was sup
posed to have happened last Thursday
in the yard of the home of Mrs. B. M.
Sollers, 783 Vaughn street, five hours
later than the lashing of the lad in
the bathro om of Mrs. Sollers' home.
But Mrs. Sollers, who is an aunt of
the boy and who admitted delegating
Ormond, -who is a relation of neither
but merely a boarder at her home, to
administer the punishment, said she did
not see this choking, though she was
looking fromthe kitchen window when
It was supposed to have occurred.
Ormond declared the only punish
ment he gave the boy at that time
was a severe lecture, and that be did
not lay his hands on him.
The marks about the neck?
ISffort to Stop Kail Reported.
"Why, they must have been caused
when Stanley slipped from my knees
and I grabbed him about the neck to
save bim from hurting his. face on the
floor," explained Ormond. "He struck
the floor just as I grabbed him and
hurt his face in spite of my effort."
Charles Robison, Deputy District At
torney, demanded to know how the
child was held. Ormond demonstrated
with the boy.
"Where did you grab him?" asked
the prosecutor.
"Right here." replied Ormond, indi
cating the right side of the boy's neck.
"Then how do you explain that the
marks are on the left side of his neck?"
demanded Mr. Robison.
"Oh. why he must have struck the
sharp corner of the chair with his neck
as he slipped," explained Ormond. t
AVom :in Admits Bruise.
Ormond said one -of the bruises on
the lad's cheek was made when he fell
to the floor this time. The bruise on
the other cheek was made, he declared,
by Mrs. Sollers, i tfe her attempt to cor
rect the boy the night before. Mrs.
Sollers later admitted this, saying the
lad had broken away, from her when
she tried to spank him last Wednesday
and. had fallen on the floor.
Stanley's mother died five years ago.
His father, J. C. Tomlinson, placed him
in the hands of his aunt about two
.years ago, that he might know some
thing of a mother's care.
It seemed, from the testimony of Or
mond and Mrs. Sollers, that Stanley
was an incorrigible rogue. He was
thief and a liar, and ran away fro
home. Mrs. Sollers told of one time
he ran away from home. He left early
in the morning, met another boy and
made some money putting in some peo
ple's wood.- He returned home about
9 o'clock that day and would not tell
where he had been. Mrs. Sollers called
a policeman fo frighten the lad, and the'
boy told the policeman what he bad
done.
Gift Spent for Candy.
This was last Spring. There were
other times, just as bad. she said, but
did not have time to testify to them.
When he got pennies to put in the
collection plate at Sunday school, this
little wretch sometime spent them for
canay.
And he told Mrs. Sollers he had put
them in the plate. He was a fearful
. little liar. His aunt found out about
this not long ago. The boy told her
that was why he didn't nee any candy
money.
"I buy candy with my Sabbath school
money when I need it." he had said.
The boy was a thief, too. His aunt
one morning found 35 cents hid in the
lad's slipper, under his bed. She de
manded to know where he got it.
"I didn't always give you the change
when I went to the grocery," she testi
fied was the child's answer. "When
you don't think about it, I like to keep
It." '
v Theft Denied, bnt Bot "Whipped.
The whiDrtinsrs last Thursdav came
from a particularly flagrant circum
stance, it seemed. A boarder named
Smith had missed small sums from his
chance pocket. Stanley was accused of
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Supreme Court Holds White
Slave Law Is Not Limited
to Commercial Vice.
STANLEY TOMLINSOX.
V7,
ft i
Off ws s
What a pitv
sKe do esrit know thai
ResinolSoap
would clear her slun
'. "She would be a pretty girl, if it
wasn't for that pimply, blotchy complex
ion!" But the rcguiir use of Resinol
Soap, aided at first by a little Resinol
Ointment, would probably make it clear,
fresh and charming. If a poor skin is
your handicap, begin using Resinol
Soap and see how quickly it improves.
Resinol Soap tad Kesinol
Oinunent zre sold by ill drur
ffists. For free samples oi
each, write to Itept. Ka
iuol. Baltimore, Md.
taking the money. The boy denied it.
"He had the confused, guilty look
that he had when he told stories," said
Mrs. Sollers. So she thought he needed
whipping and called Ormand. She
is a large woman, and indignantly de
nied that she was not strong enough
to correct the lad, but said that he
squirmed so she found it difficult, so
had authorized Ormand to do th,e pun
ishing in the household.
Stanley was whipped. "Well whipped,
Ormand admitted. But not with malice,
said Ormand.
After he had been whipped for a
time, Stanley thought the best way to
stop the punishment was to admit
what the beating was Intended to force
him to admit that he stole the money.
He did.
Cuffing FoIIotts Beating.
Asked what lie had done with the
money, he sobbed that he bad buried
it in the yard. He was told to dig
it up. He went into the yard and
tried with a piece of lath to dig up
money he bad not stolen nor hidden.
This was in the afternoon, after Or
mand had 'gone back to work.
Mrs. Sollers thought the boy was
not trying hard to recover the money
and cuffed him a bit, her testimony
admitted.
When Ormond's attention was di
rected to the boy at his return from
work, about 6:30 Thursday, Stanley be
gan to cry. He said he had lied and
that he didn't steal the money. Testi
mony was at variance from there on.
The boy and neighbo'rs said he was
choked almost senseless by the man.
Ormond said he merely lectured the
boy and gave him 50 cents to give to
Mrs. Sollers to settle matters, with the
understanding that the money was only
a loan.
Before leaving in the afternoon Or
mond had called the boy and had told
him that if he had not found the money
by the time he returned in the evening
he would whip him again, and harder.
"I tried to frighten Stanley, but I
didn't really intend to whip him again,"
he testified.
In the previous whipping Ormond
was only carrying out the promise
he had made the lad that if he caught
him lying he would whip him, said
Ormond. But
"I didn't know that Stanley had tak
en any money; I Just wanted to im
press on him that he must tell the
truth," said Ormond.
Mr. Robison took rip the matter of
the threat of Ormond on cross-examination.
"Yu told Stanley you were going to
whip him when you returned if he had
not found the money, but you had no
intention of doing so?" he asked.
Tes," answered Ormond.
"Then you whipped the boy because
you thought he lied, yet you had lied
yourself to the boy when you left?"
Ormond Admits Lie.
Ormond's answer was confused, but
virtually an admission that this was so.
Stanley was the first witness for the
prosecution.
"What happens to a .boy who doesn't
tell the truth?" asked Mr. Robison.
"He is whipped and scolded," re
plied the lad.
"What does God do to a. boy who
lies?" -
"He punishes him." This satisfying
Judge Bell that the boy could dis
tinguish right from wrong, StanleJ
was sworn.
"Where is " your mother?" he was
asked.
"Dead."
"What does your-papa do?"
"He hunts for work." The answer
may have provoked a smile, but it was
a sympathetic one.
The boy's story of the early evening
episode follows:
"He sent me out two or three times
to look for the' money. I told him I
couldn't find it: that I bad told him a
lie about burying it. Pretty soon he
choked me and throwed me around.
"He told me to tell the truth. I said
I did do it. He said if I was his boy
he d kill me.
Stanley went to school Friday, the
day following the beating. He told
his teacher that he received the evi
dent bruises from & fall in his bath
tub.
"Aunt 'Sally told me to tell teacher
that," he testified. "Aunt Sally" said
she told .him no such thing, and that
she had wanted the boy always to tell
the truth.
The persons who had control of
this little child far exceeded their
privilege," declared Judge Bell, in glv
ing his decision to hold Ormond to
the grand Jury. "They had a right
to correct the child, but not to exceed
that which "was tempered with kind
ness." Though the charge on which Or
mond was bound over was assault and
battery. Prosecutor Robinson said an
effort would be made to have him in
dicted for ttre more serious offense of
contributing to the delinquency of a
minor, through the forcing of the boy
to lie to escape punishment. Attor
ney Lynn B. Coovert represented Ormond.
Stanley is now a ward of the Juvenile
Court, andi another home 2s to be
found for him.
NAVY PLANT IS ASKED
Daniels Explains Why He
Wants $12,000,000 More.
SHIPS EXCEED COST LIMIT
secretary bays Time Has Come
When There Should Bo 2io In
centive for Profit in War Re
ductions Are Obtained.
WORDS OF ACT ARE CITED S
WASHINGTON. Jan.' 15. Secretary
.Daniels gave the House naval com
mittee today details of his negotiations
with private shipbuilders for the four
battle cruisers, the result nr whiph ha
led him to ask an additional Appropria
tion of $12, 000,000 to equip Government
yards to build them.
The hearing showed that the shinn
will exceed the $16,500,000 limit for hull
and machinery fixed by Congress and
that they cannot be built under pres
ent conditions at any price in less than
46 months. '
Negotiations In Frosrrsi.
Negotiations are now In progress
with the Newport News Shipbuilding
Company, the Cramps and the New York
Shipbuilding Company on the basis of
tl4.638.000 for material and labor as
submitted by the Newport News Com
pany, plus $4,500,000 to the Newport
News Company and $4,750,000 to the
Cramps for overhead and profit. On
that basis the department estimates the
companies would make about $1,500,000
on each ship net profit.
Urging the equipment of Government
yards. Secretary Daniels said:
"The time has come when there
should no longer be any incentive for
profit in war preparations. The su
preme thing for us to do is to make
ready our own plans. I protest against
the Government being held up and made
to pay prices that have no relation to
the cost of material and labor."
Government Should Build Third.
Secretary Daniels outlined his belief
that the Government plants at eight
hours a day should be able to build
one-third of everything the Navy needs
from ships to shells.
Assistant Secretary Roosevelt said
that his recent negotiations with steel
makers for reduction in prices had
brought reduction from all companies.
He added that the Bethlehem Steel
Company was "the only one to use this
fact for self advertisement." Other
steel companies had in fact made
greater reductions, he said, since their
original quotations were lower.
It was estimated the cruisers would
cost $18,500,000 on the basis of the
new quotations and Congress will be
asked to authorize that expenditure.
Question Whether Door Is Opened
to Blackmail Declared for Con
. gress to Consider Three
of Justices Dissent. '
WASHINGTON. Jan. 15. Interpreting
the Mann "white slave" law, the Su
preme Court today decided that prose
cutions under the law for transporting
women in interstate commerce are
not limited to commercialized vice and
include personal immoral escapades.
Conviction of F. Drew Caminettl and
Maury I. Dlggs, of Sacramento, was af
firmed. Following interpretation of the
Mann act, the court also affirmed con-viction-of
L. T. Hays, ot Alva, Okla.
The court was divided. The majority
opinion was given by Justice Day.
Chief Justice White nd Justices Mc-
Kenna and Clark dissented. Justice
McRevnolds took no part in the con
sideration of the cases. The court.
therefore, stood 5 to 3.
Plain Language Takea Precedence.
'The plain terms of the act must
take precedence over the designation
and the report that accompanied it
to Congress," said Justice Day. "It is
said it will open the door to black
mail, but that is to be considered by
Congress. We think the power of Con
gress to regulate the transportation or
passengers affords ample basis to ex
ercise authority in the case of this stat
ute. "There is no ambiguity in the terms
of this act. It is elementary that the
meaning of a statute must in the first
Instance be sought in the language of
the act as framed.
"To cause a woman to be transported
for debauchery or for an immoral pur
pose would seem by the very state
ment of the facts to embrace trans
portation for purposes denounced by
the act. While such immoral purpose
would be more culpable if accompanied
with expectation of gain, such consid
erations do not prevent the lesser of
fense against morals from the execu
tion of purposes within the meaning
of the law."
Dissenting: Opinion Filed.
The dissenting opinion filed by Jus
tice McKenna. which was not read
from the bench, held it was clearly
the intent of Congress to reach only
commercialized vice.
"Immoral - is a very comprehensive
term," the dissenting opinion said. "It
covers every form of vice. It will hard
ly be contended that in this sweeping
sense it Is used in the statute. There
Is no uncertainty as to the conduct it
describes. is commercialized vice;
immoralities having a mercenary pur
pose. It is vice as a business at which
the law is directed.
"Any measure that protects the pur
ity at women 'from .assault or entice
ment or degradation finds an instant
advocate in our best emotions. But the"
ludicial function cannot yield to emo
tion. It (the court) ehjuld not shut
its' n to what everybody knows.
Ann everybody knows there Is a dif
ference between 'the occasional immor
aliUes of men and women and that
systematized and mercenry immorality
epitomized in the statute s grapnic
phrase, "white slave traffic' And it
was such immorality that was in the
legislative mind and not the other. The
other Is occasional, not habitual, in
conspicuous does not offensively ob
trude upon the public notice."
kj vuasnmqivii
& fifth Sts.
Dr. Ijiebknecht Punished More.
LONDON, Jan. 15. Dr. Karl Lieb
knecht, the German Socialist leader,
has received an additional sentence of
4Vi years at hard labor and expulsion
from the Berlin bar. according to a
Central News dispatch from Amsterdam
today.
GIRIi IS NOW DIGGS WIFE
Men Will Not Begin Serving Sen
tences for Perhaps SO Days.
SAN FRANCISCO Jan. 15. F. Drew
Caminettl, who, with. Maury I. Diggs,
lost the appeal to the United States
Supreme Court today from a white
slave conviction, is the son of Anthony
Caminettl. Commissioner-General of
Immigration of the United States. He
is at present on a ranch- in Amador
County.
Diggs at present resides in Berkeley
with his wire, wno was marsna war-
rinsrton. the girl he took to Reno. Nev.,
with Caminettl and Lola Norris in
March. 1913. Diggs married Marsha
Warrington, a Sacramento girl,, a year
aero.
Throughout the prosecution of Diggs
and Caminetti following a raid on their
cottage in Reno, the case claimed Na
tional attention. Diggs was formerly
state architect.
When Diggs heard of the Supreme
Court's adverse ruling he telephoned
John W. Preston, United States Dis
trie Attorney here, and Baid:
"I'm readv. When do you want me?"
Preston informed him that it would
be 30 days probably before legal for
malities had been completed.
"I'm glad of the delay. It will give
me time to straighten out mj affairs,
said Diggs
BRITISH L0SETRADE LEAD
United States Is Ahead in Argentina
In. 191 6, for First Time.
WASHINGTON, Jan. 15. United
States exporters in 1916 outsold for the
first time British houses . In competi
tion for Argentina's foreign trade.
Official Argentine estimates made pub
today and tomorrow
3 o n 1-stirring, breath-taking,
heart-throbbing drama in "And
the Law Says" a smashing
camera-play of capital punish
ment. Drama starts at 11 A.
M., 12:30 P. M., 2 P. M., 3:30
P. M 5:00 P. M., 6:30 P. M.;
8 P. M. and 9:30.
A special return of Charlie
Chaplin's funniest new comedy,
"The Rink," a riot of laughs.
Comedy starts 12 noon; 1:30,
3:00, 4:30, 6:00; 8:30 and 10 P.
M. daily. .
At
Tine
tlF
"Next Thursday "Immediate Lee
Cold Weather Specials
Offered Today at Exceptional Prices
Men's Flannelette Night Shirts, $1.19 Very warm and f
extra heavy quality. Large, full sizes. Good color assortment.
Men's Flannelette Pajamas, $1.25 Excellent fitting, fine quality,
medium weight flannelette. Mercerized frog and pearl button trimmings.
Most desirable colors.
Men's Flannelette Night Shirts, 98c Splendid garments in every
way, heavy quality, full sizes, well finished, extra length.
Men's Flannelette Pajamas, $1.43 Just the thing for sleeping
4orch wear; extra heavy, soft and warm.
fine.
ivr y: it : c..:. ti .
ivicii a w uuci viiiuu juits, pi.u? iNatural merino.
fitting, closed crotch. Heavy Winter weight; famous Jefferson make.
Men's Jefferson Union Suits, $1.49 Of half-bleached cotton,
heavy weight; just the suits for men who can't wear wool.
Men's Natural Merino Union Suits, $1.35 Made on copper
spring needle machines, very elastic, snug, warm and good fit.
Men's Shirts and Drawers, $1.19 Each Natural gray merino,
flat weave, medium weight. Drawers with suspender tapes. Shirts with
French neck finish. All sizes. -
Men's Black Leather Gauntlets, $1.49 A regular $2.50
glove in every way. Has folding cuffs, made of good, pliable stock. All
sizes, at the- very exceptional sale price of $ 1 .49.
Men's 'Heavy Wool-Lined Gloves, $1.15 Just the thing for
driving or outdoor wear. ' One-clasp wrist style.
Men's Heavy Gray Mocha Gloves, $2.00 With wool lining,
long at wrist, one-clasp style, suitable for driving and motoring.
' Men's Wool Gloves, 35c, 59c, 65c, 75c to $1.35 Soft lamb's
wool and camel's hair gloves, in gray, navy and fancy mixtures.
Men's Wool and Cashmere Sox, 25c, 35c to $1.25 Every
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heather mixtures. Finest, best qualities, lowest prices.
First Floor, Just Inside W ashington-Street Entrance.
t
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Jlsrchandise cfcJ Merit Only"
lie today by the Department of Com
merce show that durinsr the nrst nine
months of the year Argentine pur
chases in this country ran just $100,000
ahead of purchases in Great Britain.
Uoth were close to S45.ooo.ooo.
In former years Great Britain was
ahead by a wide margin, and that
country still leads all other purchasers
of Argentine goods.
Defaulter Blames High Living Cost.
CHICAGO. Jan. 15. Frank O'Hayer.
43 years old, paying .teller in the sav
ings department r.f the Hibernian Bank
ing Association for 1 years, when ar
rested today charged with embezzling
S1S45 from the bank, said the hierh cost
of living was responsible for bis defalcation.
Graage Officers Installed.
. STOXE, Or.. Jan. 15. The Installa
tion of the new officers in the Baker's
Bridge Grange. No. 552, for 1917, took
place Saturday evening at the regular
January meeting. The following were
installed by George rj&lhus. master of
Damascus Grange, No. 260: Master,
Herbert Bergen; overseer. Prank Hat
ton; lecturer, Mrs. Ellis Burgen; secre
tary. Miss Arna ParhmBnn: ehnplain.
T. K. Brown: treasurer. Mrs. Rose
Smith: steward. J. Grant Mumpower;
assistant steward, James Willock; lady
assistant. Mrs. Mattie Hatton; gate
keeper. Axthur Cliff: Ceres, Mrs. Mary
Hatton: Pomona, Mrs. Mabel Dallas;
Flora, Mrs. Ollie Crader.
Walsh Says Money Is "Waiting.
WASHINGTON. Jan. 15. Senator
Walsh. advocating his waterpower
leasing bill, told the Senate toda that
existing laws hindered waterpovr de
velopment, and that he unerstood
$300,000,000 would be invested In busi
ness if the bill passed.
life 4 to sag!
mill J Measure Wm
mis jfir2 i
While My Woolens Last
Fin Keeping Prices
Down in Portland!
You would pay me $30 upward for clothes if I asked
it; but as long as
I've Got the Goods!
which I bought before the rise, I'm going to protect
you against unreasonable charges.
- ,
If I stand by you now, I know youll stand by me
always when normal market conditions shall prevail
again.
Here's a Good Idea: Reserve the woolens for your
Spring Suit now and get delivery of finished clothes
when you want them.
Price Low, but Satisfaction Guaranteed
Ray Barkhurst
Portland's Leading Tailor Sixth at Stark St
MM
fan-
bcisss