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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 31, 1917)
THE MORNING OREGOXIAN. WEDNESDAY, JANUAKT 31. 1917. 5 U1TIIISTEAD OF IMMUNITY GIVEN Ex -Patrolmen Attempt to Show Promise Made for Whisky Ring Evidence. BOB HODGE FILES REPLY Technical Demurrer Offered to Indictment Charging Plot to Transport Liquor and Case Is Set for Monday. 2TEATTLE, Wash.. Jan. 30. (Spe cial.) Edward J. Margett, ex-patrolman, chagrined because of his indict ment by the Federal grand Jury, has undertaken to establish, by testimony, that he was assured of immunity by the United States District Attorney's office in return for his evidence against the Billingsleys and others who were similarly involved. Margett called on Prosecuting At torney Lund in today, accompanied by his attorney, John J. Sullivan, and in terrogated Mr. Lundln with a view to ascertaining whether or not it was Mr. Lundtn's idea that Margett was to be naved from indictment. Mr. Lundln had no such recollection of any under-atanding. "I must admit that I was surprised when the indictment against Margett was brought in. but I cannot say that I know or knew of any definite agree ment between Margett and the Federal officials,' he said after the interview. Accompanied by his attorney and law Partner, W. ft. Bell, Robert T. Hodge, ex-Sheriff, appeared before Federal Judge Jeremiah Neterer at 2 o'clock and a demurrer filed to the grand Jury Indictment returned Saturday which alleges the three-time Sheriff of King County and twice candidate for Gov ernor of Washington to be a member of the whisky conspiracy ring. The demurrer cites three exceptions to the indictment, as follows: 1. That this court is without Juris diction of the subject matter. 2. That said Indictment fails to state facts sufficient to charge a crime against this defendant. 3. That said indictment Is Insufficient In law to charge any offense against this defendant. The demurrer was regularly entered and tiled, whereupon Judge Neterer an nounced from the bench that the argu went on the demurrer would be heard Monday afternoon, February 5, at 2 o'clock, and cited the other defendants named In the same Indictment to ap pear also, either in demurrer proceed ings or pleadings. Federal Judge Neterer announced that it was hardly possible for the trial of the accused officials and the others indicted to be held before March 1, as both the calendar of his court and that of Judge Cushman were filled up to that date. This announcement would result in a more determined effort be lng made to have Federal Judge Rud fcin brought here to try these cases at an earlier date. pects. What do you think of this and how are you on stocks? The next was Mutton's reply to this, time 1:14 P. M., which read: "Our Washington wire gave us sim ilar message to yours. Others have the same information. He put it out. as it was more or less generally known. Tour message was marked confidential and we treated it so. E. F. H." Some time between the receipt of the Chicago message and Button's re ply to it the now missing message from Connelly was received, Hutton testified. this was the message on which Ellis based his message at 1:54 o'clock, which follows: 'Confidentially informed a. highly im portant message to all belligerents and neutrals has been issued from Wash ington. Interpreted not as pressure on belligerents in behalf of peace, but as one apparently to put American de mands on record to be considered if there is peace and warning neutral rights must not be further encroached upon. Full text to be given out to night and will be looked on as a move of great moment." Questioned on the lost message from FRAUD IS NOT PROVED SALE OF" ISLAND TO DOt'KHOBORS MUST STAXD. LATE PEXDIETOX WOMAN SURVIVOR OK INDIAN WAR. ' . VV 4IV " It S K s, ft It . -vu. A, - I ' , f '-r , U; It . i: f i - i" i i v S f- it t Mrs. J. W. Knbnak. PENDLETON, Or., Jan. 30. (SJecial.) Mrs. J. W. Enbusk, who died Sunday following an operation and pleuro-pneumonla, was born in Hammerfast. Nor way, in 1862, coming to America at the age of 12 and to Oregon in 1877, settling in the Greasewood country, 11 miles northeast of Pendleton, with her parents. The following year an Indian war broke out, in which many of the pioneers were killed. Mrs. En busk, with the others, escaped to Weston. She was married in 1885 to J. W. Enbusk and Is survived by her husband and seven children, Hen ry, Willie. John, Miriam, Ester, j- ranK ana -L-ana. t ap on - H Supreme Court Rermn Jndge Gallo wit and Suit Against Linn County Couple Dismissed. SALEM, Or., Jan. SO. (Special.) Fraud was not proved in the sale of an Island in the Willamette River by B, J. Ifeckcr and wife, of Linn County, to the Society of Independent Doukho bors and the sale must stand, the Su preme Court today decided in an opin ion by Justice Burnett. Judge Galloway is reversed In the finding. It was alleged that the land was sold through an interpreter to the Douk hobors, a corporation of Russians com ing to this country to locate, and that he made falee representations as to the value of the property and as to what it produced. "Courts cannot make contracts, neith er can they break them except for some reason which the law recognizes, as fraud or the like, which must be clearly proved by the complaining par ty," says the opinion. "In this Instance the plaintiffs have failed on this point." The suit is dismissed. Other opinions were as follows: State of Oregon, respondents, vs. E. TL& Korrls. et al., defendants and aDDellanta. appeal from Crook County : criminal action on a statutory offense: opinion by Justice Honson. revt-rsltif? Judge Duffy. Henry liarnhart. respondent, vs. North I'ific Lumber Company, appellant: appeal froir Multnomah County; action for personal ln.lurVs in which the plaintiff secured a. ver- lict: opinion by Justice Harris, affirming Judge tiutens. Minnie Kvvla Ptadleman. et al.. respond ents, vs. "NV. H. Miner, et al.. appellants: ap peal from Coos County: collateral attack upon the validity of u. probate order licens ing the sale of real property of a decedent's estate to pay the debts thereof: opinion by Justice Moore, reversing Judge Cook. K. W. McComas. respondent, vs. Northern Pacific. Railway, et aU, appellants; appeal from Wallowa County: former decree mod fied" on petition for rehearing In a suit In volving title to lands In Cmatllla. County; opinion by Justice Moore, modifying opinion of Judge Phelps. State ex rel. M. Motachenbacher. et al.. plaintiffs, vs. A. A. Mehaffey, defendant: original proceeding in mandamus to compel Mehaffey as secretary to show cause why he did not sign certain bonds of the Klamath drainage district: opinion by Justice Harris, giving Judgment to the defendant Mehaffey. P. I). and J. I. McCully. respondents, vs. Elizabeth Heaverne. appellant; appeal from "Wallowa County: petition for rehearing de nied; opinion by Justice Harris. Carrie Rasmussen et al.. appellants, vs. Chris Winters ex m.. respondents: anneal from Clatsop County; suit to quiet title to land in Clatsop County; opinion by Justice Humett. affirming Judge Eakln. Maggie and Chartes E. Short. resnnnrint vs. Kogue River Irrigation & Power Com pany et al.. defendants, and TV. B. Sher man, appellant: appeal from Josephine County; suit to quiet adverse claims to real property and to annul and cancel a selling contract: opinion by Chief Justice McBrlde, modifying- and affirming Judge Calkins. t onnelly. Hutton said it was of a class his firm seldom saved. Connelly had not nepi a copy of it. he said, but added the Washington broker would testily ruiiy Derore the committee to morrow. Hutton also produced other com munications his firm had sent its cor respondents, in which reference was made to various Washington situa tions. One of them said It was un derstood that the President's message of last December 4, the opening day or congress, wouw te favorable to rail road investments. Another written by Hutton personally said that "Washing ton advices were that increased freight rates probably would be granted the railroads. Kim's Margin Loans 928,000,000. Replying to sharp questioning by Mr. Whipple, Hutton said he did not re call any particular advices he had in mhid other than a general impression he had gained from the newspapers and the ticker. He volunteered the statement he had learned nothing in this connection from Mr. Bolline- or Mr. Connelly. He also asserted his firm had no sources of Information in Washington outside of the Connelly company. While describing the nervous state of the. financial district shortly prior to the issuance of the President's note, owing to the top-heavy specu lative accounts amassed by the "pub lic," Hutton gave the committee a shock by casually announcing that his firm's outstanding loans against mar gined accounts aggregated $28,000,000. This condition, he said, was general and was regarded by bankers as a dangerous over-extension that might result in a panic. The bankers had begun to call loans, he said, with the result he had issued a notice that his firm would not do business except for cash or 50 per cent margin, according to the security. Hutton was preceded on the stand by Bernard Baruch, a large Wall street operator, who testified that, solely by the use of foresight, he had made $476,168 by selling stfiort he tween December 10 and December 23. Baruch again declared he had received no advance information on the Presi dent's peace note. AUTO FELLS WATCHMAN Victim of Accident Said to Have Tried to Punish Driver. R. II. Roberts, 124 Stanton street. was knocked down at Fifth and Wasn ington streets last night by an auto mobile driven by Ed Reed, 469 East Ash street. Reed reported the acci dent to H. P. Coffin, chairman of the Public Safety Commission, at police headquarters, and said Mr. Roberts tried to assault the chauffeur after the collision, but was restrained by two other pedestrians. Mr. Roberts, who is a watchman. was injured about the chest and legs. The automobile is owned by C. A. Nyquist, 512 xwenty-tourtn street, North. "LEAK" PROOF PRODUCED fContlnued From First Page. messages which had gone over the firm's private wires during the "peace period" in the stock market and which he had been commanded to bring under snbpena. The first to be read was the I?ti:ent Curtis & Co. telegram, marked 'confidential" and timed 12:48 o'clock. lastern time, which was about an hour and a quarter after Secretary Lansing had told the newspapermen in Wash ington that a note was coming from the President. "I hear that State Department will issue statement today regarding eco nomic conditions European war as af fecting neutrals," the Clement telegram taid. "Intended to promote peace proa CL-fzmi. . . y - ' -fer 3s F .ZSL ZSL - rrr. a- SI tr '7(i -V " Ks3SIin '' "?-wjm itti lift ' -:i r It take, two men to carry the Britanniaa in the large size printed on regular book paper Weight, 240 pound. A boy can carry the 29 volume of the "Handy Volume" Issue printed on the famou India paper. Weight, SO pound. What a Difference India Paper Makes ! T TERHAPS you still think of The Encyclopaedia Britannica as a long row of big. Jl heavy volumes so hard to handle that they are seldom referred to. 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Any one with a moderate income can afford this issue. $1 down brings you a set, the balance being payable at the rate of $3 a month during a limited period (for the cheapest binding). n There are only a few thousand sets of the "Handy Volume' Issue left and no more can be printed for years on India paper. Send coupon today for full information. EE Sets can be seen and orders left at: The J. K. Gill Company 5 ill's Third and Alder SEARS, ROEBUCK AND CO, Chicago, IIL Gentlemen : Please send me, free, Tho Book of 10O Wood era," trated, giving interesting information on a hundred subjects and full information about The Encyclopaedia Britannica. Also tell me what I will have to pay for one of the remaining acta of the "Handy Voluma" Issue of the Britannica printed on genuine India paper. Name . Address. V-80 IDAHO SPLIT BILLS DUE MKASIRR WOllD PROVIDE FOR ClTTISii STATE I" TWO. board and the district will be created so as to divide the county into three equal parts on an equal area basis. MURDERED BABES BURIED Mother Attends Funeral of Four, but Father Stays in Jail. SEATTLE, Wash.. Jan. 30. The fu neral of Mr. and Mrs. S. A. Hewitt's four little children, who were found dead with their skulls crushed and their bodies burned at their home in Auburn last Sunday, was held today in Auburn. The mother, who went to Everett week before the tragedy, was present. The father, who is held in Jail here in connection with the deaths, was not taken to the services. The inquest into the deaths of the children will be held next Saturday. Chain of "Nuggets" Worth Little. Steve Volondakis. proprietor of a ci gar store at -4.12 Washington street, re ported to Patrolman Wrieht last nigrht that he had lent $17 to a stranger and had taken as security a chain which the -owner said was of Alaskan Kold nuggets and worth $93.50. Volondakis became suspicious when the stranger failed to redeem the property as he had promised. The police eay the chain has' only a small percentage of gold and Is worth about ia. Proposal Also Is Made to Dlrlde All Counties Into Districts to Give Better Representation. BOISE. Idaho, Jan. 30. (Special.) The Legislature will face two resolu tions calling for the separation or Northern Idaho from the south to morrow, if the plans made here today go through. Senator Jackson, of Bon ner County, in the north, and Senator Driggs. of Madison County. in the south, will file the measure in the Sen ate; Majority Leader Moody and one other, probably Klger. of Kootenai County, will champion the House measure. The measures at least will have the effect of determining to what extent the advocates of the educatloinal instt tution removal plan and the secession ists expect to go. The secession reso lutions also will have the effect of de- terming Just how strong the senti raent is to cut the state in two. One of the most Important measures before the House was passed by that body today in the Kiger-McGowan bill, which provides for the election of County Commissioners by districts in stead of at large. Lnder the present law the Commissioners are nominated from districts, but at the general elec tion run at large. The objection to this system is that the centers of population in the coun ties are able to control the naming of the three commissioners. Under the Klger-McGowan bill each district will havs representation un the county OREGON REQUEST DENIED Kansas Governor Refuses Kxtradl. tlon for II. Bennett. WILLIAM FDDGE IS DEflfe OREGON" riOXEER OP EARLY FOR TIES DIES AT WALLA WALLA. Governor Arthur Capper, of Kansas, refuses to honor the requisition of Governor Withycombe for the return to Portland of Howard Bennett, wanted In this city on indictments for larceny by bailee and embezzlement of a mort gage, according to word received -by Uistrict Attorney Evans yesterday. The Kansas Governor asserts in a letter of refusal to Governor Withy combe that it appears to be an attempt toa force the payment of a private debt and that he does not care to assist in it. Gay X. Bybee. a complaining witness, has given Mr. Evans a sworn affidavit that it is solely in the interests of jus tice that the return of Bennett is de sired. Bennett is accused by the grand Jury of obtaining a first mortgage to some valuable property, purposely failing to record it, and passing off a second mortgage later for a first one. Governor Capper based his decision partly on a telegram he said was re ceived from Walter S. Babson, of Chi cago, president of the Peerless Pacif ic Company, a. concern interested in the case, which asserted that prosecution was not desired if Bennett would pay 1 7(1 1 Hnn Tha (intfernnr ncaApts (hot Bennett has promised to make goodj ations. Settler of Eastern Washington of 1KS9 Prominent In Early History of Pacific 2Vortfcwrst. Death Penalty Retained. SALT LAKE CITY. Jan. 30. Capita punishment will remain on the statute books of ttah. The bill to abolish the death penalty was defeated in the lower bouse today by a vote of 30 to 13. WALLA WALLA. Wash., Jan. 30. (Special.) William Fudge, prominent valley pioneer of 1859 and an Oregon pioneer of the early '40s, died here to day in his 80th year. He was bqrn near Chicago in 1839. His father and the family started across the plains by ox team with an immigrant train of 300 teams. The trip proved a horrible one, as some or me party became separated from the main train and were set upon by Indians and massacred. The family settled near Dallas. In Polk County. During the gold excite ment in California his lather went there and died. When Mr. Fudge was 27. or in 1859, he came to Southeastern Washington with Whitaker and Mc Ghee, pioneers, and settled near the Tucannon River. The Winter of 1861 took all hU money but left him val uable experience, and he later became a successful farmer. He was married In 1863 to Miss Elisabeth Blllups, who survives him. There are no children, fompany. to purchase from residents Laurelhurst their claims lor as sessments paid for water-main con struction, which assessments are to be refuntled bv the city. Mr. Downey Said last night that he made an effort to buy some of the claims prior to the time the city an nounced its intention to make refunds, but did not obtain any claims and has not tried since the city's announcement- The assessments are to be refunded because the revenues from water amount to 6 per cent a year on the cost of construction. I. W. W. Picket Is Arrested. Ed Bush, an I. W. W. picket at Sec ond and Burnslde streets, where a res taurant strike Is In progress, was ar- rested last night by Patrolmen Breun ing and Forkan, and charged with dis orderly conduct. The police eay Bush was shouting while on duty. LINCOLN. Neb.. Jan. 30. Two banks, the Farmers State Bank and the Bank of Glenvllle. Glenvllle, Neb., were en tered by burglars last night, who were evidently not after blr pmme. New Perkins Hotel . Fifth and' Washington Sts Portland. Oregon MOST CENTRAL. HKDICLU RATES. WATER CLAIMS SOUGHT Effort to Boy Laurelhurst Assess mcnts Before Refnnd Admitted. Information has been received at the City Hall of an attempt on the part of R. O. JUowney. oz the Laureinuret Cleanses the teeth thoroughly dis solves quickly purines the breath 9 EBf. ILyioM For The Teeth Powder- 'Cream A Standard Ethical Datt&ricm Sond 2c tump today for a gmmrov trial packmg of oltbor Dr. Lyon's Perfect Dental Cmm or Tooth Powder. 2 L W.Lyoa Sc. Soas,UuL, W. 27ti St,N. Y. Cry