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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 9, 1917)
TIIE MORNING OREGONIAN. SATURDAY, JUNE 9, 1917. FATE OF LEE YIN IS IN JURY'S HANDS State Endeavors to Impeach Testimony of City Detec tive Tichenor. ALIBI DEFENSE OFFERED Sert Lewis, Chief Witness Against Defendant, Is Held to Have Identified Another Chi nese as Tong Slayer. Sew developments succeeded each other in rapid succession during the short night session of the trial of Lee Tin. alleged Hop Sing Tong murderer, accused of the killing of Horn Quong Pong on the evening of February 24 last, with the result that the fate of the accused rested with the Jury at 8:40, immediately after Circuit Judge Biggs had given his final Instructions. The night session had been under way less than an hour when Robert Magrulre, chief of counsel for the de fense, announced that they would not put the remainder of their witnesses on the stand. State's Witnesses Defended. The state then undertook a short rebuttal, which was featured by the testimony of Dan J. Malarkey, special prosecutor, and Detective Captain Baty, in an endeavor to impeach the testi mony of Detective Tichenor, who had been one of the strong witnesses for the defense. Both testified that Bert Lewis, eye-witness to the killing, had not stated in their presence that he had identified another Chinese as the murderer, as had previously been testi fied to by Tichenor. F. St Wood, court reporter, and George Ching, Chinese interpreter, grave similar testimony in rebuttal. What the defense claimed as a dis tinct coup was staged during the clos ing hour, when Maguire announced that the defense would not offer any argument. This announcement fol lowed a short opening argument by Deptuy District Attorney Collier and before Special Prosecutor Malarkey had had an opportunity to address the Jury. Telephone Calls Recalled. In his argument to the Jury Collier pieced together the various threads of evidence which had been woven about the accused, Lee I'ln, and laid special emphasis upon the positive identifica tions made by Bert Lewis and Detec tive Craddock. He further brought vividly to the attention of the Jurors the telephone call which Lee Tin ad mitted having with a member of his tong at La Grande a few moments after the killing, in which he told a La Grande Hop Sing Tong member that there had been another killing In Chi natown. "That telephone call was for no other purpose than to let the La Grande Hop Sing- Tonir gloat over an other scalp in the belts of their soci ety," he shouted. Detective Contradicts Lewis. . That Bert Lewis, the state's prln pal witness and the only eye-witness to the murder of Horn Quong Fong, first identified another Chinese as the murderer and then switched to Lee Yin, the alleged gunman now on trial, was one of the strong links in the alibi de fense offered in behalf of the accused during the trial yesterday. This testimony was given by City Detective Tichenor, who arrived at the scene of the murder a few moments after the last shot had been fired, and who arrested a Chinese in a brown suit, whom he declared Lewis had at first identified as one of the murder ers. During the half hour that he was on the stand Detective Tichenor went into the scenes immediately following the shooting in detail and told of the ar rest of both Lee Yin and the Chinese who, he said, was first identified by Lewis. Chinese Give Testimony. In support of his alibi, Lee Yin called to the stand several Celestials who said they were with him wnen the shots were fired. One of these witnesses, Ching Pok, admitted being a member of the Hop Sine Tone, of which Lee Yin, the alleged murderer, also is a member. The other witness, Lee Ylck Yuen, Chinese druggist, said he was not a member of any of the Chinese tongs, but he could not be shaken in his statements that he was with Lee Yin at the Hop Sing Tong headquarters when the revolver shots first resounded from the street, a short block away. He said that he had been called to the Hop Sing Tonf? headquarters to deliver some drugs to Lee Yin. He also said he had delivered some provisions for another Chinese merchant. In his own defense. Lee Yin. during his two hours on the witness stand, did not offer any new developments, which had been expected when he testified In his own behalf. His story of his whereabouts immediately before and after the murder of a rival tongman. was only a substantiation of the test! mony giver by one of his society broth Tfl and the druggist, Lee Tick Yuen. Rambling; Story Related. Lee Yin gave a rambling story of his actions during the two hours preceding 3 o'clock, the approximate time of the killing, and- told of going to several banks and offices in the business dis trict in an effort to change a $50 bill He also told of staying for some time at a Chinese restaurant run by a Mrs. Lung, and this Chinese woman cor roborated him in this respect. Another incident in the alibi defense. on which counsel for the defense laid much stress, was an alleged telephone conversation Lee Yin had with a Chinese at La Grande at 4 o'clock on the afternoon of the murder. If he ac tually telephoned to La Grande at this hour he could not have been in some other building at that hour and could not have been seen running across the street as testified to by Detective Crad dock Thursday night, it was declared. had given him a description tf the gun man who had been the last to pour a volley of shots into the body of the murdered Chinese and that this de scription tallied with the description of Lee Yin. Previons Indictment Shown. ' Another point brought out by the defense and one which it was stated would be relied upon to a considerable extent in case a new trial must be sought, is the testimony of G. H. Marsh, clerk of the Federal Court. It was brought out by the Federal Court records that Lee Yin was indicted by the Multnomah County grand Jury dur ing the time that a criminal case against him was still pending in the Federal Court. Attorneys for the de fense assert that a state court has no Jurisdiction to take any action what ever while a case is still pending in the Federal Court. Some little delay was caused In get ting a suitable interpreter for the Chi nese witnesses. The state finally ob tained Miss Daisy Luck, a winsome Chinese lass, who served in the ca pacity of interpreter in a creditable manner. RATIONS GUT EACH MMITU III ltiuiiin in ucniii PCDMftl V Hill One Egg Allowed Every Thirty Days; Cattle, Hogs and Milk Scarce. CONFIDENCE IS QUESTIONED SUIT AT ONCE ADVISED ATTORNEY-GENERAL SEES NO NEED FOR BOD ISSUE OPINION. Court Decision on Roads "Match" Money Could Be Obtained Just as Soon, Is Declaration. SALEM. Or.. June 8. (Special.) Attorney-General Brown stated today that the logical manner for testing out the question as to whether or not the full $1,800,000 worth of road bonds should be issued under the Bean-Barrett bill of the last Legislature is to take the case immediately into the Supreme Court on mandamus proceed ings and obtain adjudication of the question at the earliest possible moment. "I sea no reason for any written opinion from this office on the sub ject, although I have been briefing up the law on it and have my mind fairly well made up, said the Attorney-General. "I believe the matter should be settled in the courts at once, and a court decision could very nearly be ob tained by the time the opinion is being prepared. So I see no necessity of it." The Attorney-General stated today that he was not particular about being on either side of the case. It is probable that mandamus pro ceedings will be brought at an early date, with original Jurisdiction taken n ther Supreme Court so that a decision may be obtained at the earliest pos sible moment. OFFICERS ARE ADVANCED THREE NEW MAJOR-GENERALS, 18 BRIGADIERS NAMED. President Wilson Disregards Strict Seniority and Picks Only Live Wires for Greater Army. WASHINGTON, June 8. In nomi nating three new Major-Generals and 18 Brigadiers today, President Wilson disregarded strict seeniorlty and went down into the list for "live wires" for the greater army. In addition to the Army promotions. more than 200 officers of the Navy were advanced to higher grades, among them Hugh Rodman, who becomes a Rear-Admiral. The new Ma'Jor-Generals are John F. Morrison. William L. Sibert and Charles G. Morton. Eighteen Colonels were promoted to Brigadiers. They are: Edwin F. Glenn, John Biddle, Henry C Hodges, Jr., Adelbert Cronkhite, William H. Sage. Omar Bundy, Richard M. Blatchford, David C Shanks, Robert L. BuUard, Augustus O. Blocksom, George T. Bart- lett, Joseph T. Dickman. Henry T. Al len, Charles W. Kennedy, Harry C. Hale. Samuel D. Sturgis, William M. Wright and Peyton C. Marsh. Veterans Are Witnesses. Two other witnesses were produced by the defense in an effort to break down the testimony of Bert Lewis. They were Frank Motz, 934 Rodney avenue, and John Provost, both Spanish-American War veterans. Both wit nesses asserted they had held conver satlons with Lewis at different times in which they quoted Lewis as saying that he was in the stairway on the ground floor of the building occupied by the Hip Sing Tongs instead of on the third floor balcony, as he had pre vlously testified. Witness Motz. on cross-examination, admitted that he might have been mistaken as to what Lewis actually said and refused to say under oath yesterday that Lewis had told him he was on the ground floor instead of on the balcony. The testimony of these two wit nesses, however, contradicted the tes timony of Detective Tichenor, who proved by far the most important wit ness for the defense. Tichenor testi ;ied that he arrived at the scene i noment after the shots had been fired an, that Lewis was on the third floor MOooii Ho als admitted that Lewis LIME BOARD VIEWS LAND Two Plants Arc Likely to Be Estab lished In State. ROSEBURG. Or., June 8. (Special.) The members of the State" Lime Board passed today in Roseburer con ferring with Senator B. I Eddy re garding several properties containing lime rock in this county. While none of the members of the board would di vulge the locations of the proposed quarries, it was stated that two plants would probably be established In the state. Members of the board visit ing here today are: C. A. Murphy. Warden of the Peni tentiary; B. G. Leedy, former master of the State Grange; Professor A. B. Cordley, of the Oregon Agricultural College, and Benton Bowers, of Ash land. Probability of Public Giving rp Idea of Infallibility of Mili tary Leaders Forecast by Cuba's ex-Minister. PARIS, June 8. The actual food con ditions of the present day in Germany, a scarcity inat increases monthly, as the livestock decreases; the prospective poor crops for 1917, because of the shortage of labor; the German view point concerning peace and the atti tude toward revolution, coupled with a prediction that the German public may lose confidence in the infallibility of its leaders, are presented by Dr. Arlstides Agnero, Cuban Resident Min ister in Berlin since the beginning of the war, but who now is returning home, in tonight's Journal des Debats. Dr. Aguero. who has spent much time in Germany, begins his account with a resume of the actual food al lowance in Berlin today. Here," says Dr. Aguero. "are the most recent figures: Sixty-five grammes or meat. 50 of bread and two or three potatoes, if one can get them. Even the dearest restaurants are forbidden to offer more than one meat and there Is no hope of their evading this rule." Restaurant Men Jailed. Dr. Aguero then cites the interna tionally known restaurant. Kewplnski. as having been an offender and says the proprietor of it now is serving three months in prison, alter having paid a fine of 3000 marks for serving extra bread. He also mentions the aristo cratic hotel. Esplanade, the director of which now is serving a sentence of a year in Jail after having paid a similar fine, having been convicted of serving items or rood not on the menu. "Eggs," says Dr. Aguero, "are non existent, as also is milk. Vegetables are excessively scarce and rare foods are not to be' had by persons of tiny purses. A small meal costs from 12 to 14 marks in the restaurants. Sixty five grammes of meat cost four and a half marks, in order of vegetables two and a half marks and soud one- half mark." Dr. Aguero then passes to chocolate. coffee and tea, which he also char acterizes as non-existent. He declares that fruits are as rare as vegetables because the supplies have been re quisitioned by the government for the army. One Eggf Allowed Monthly. "For every element of the civil pop ulation, regardless of the social class to which it belongs," Dr. Aguero con tinues, "the dally ration at the time of my departure consisted of 250 grammes of bread, 85 grammes of meat, 350 grammes of potatoes.' 10 grammes of fat and eight grammes of sugar. one egg monthly is allowed and one portion of war ' marmalade monthly. Of this quantity one received less rather than more. Only little children and Invalids, the latter on presentation of medical certificates, can get milk when there is any." Kegaruing livestock In Germany. Dr. Aguero says the 11,000,000 milch cows on hand before the war have decreased to 6,000,000. These are suffering from lack of food, while the average milk given djt eacn cow has dropped from seven and eight litres to four and five litres. "Germany before the war." savs Tr Aguero, "had 27,000,000 head of cattle, 10 per cent of which were sacrificed in November. 1916, and the number has since fallen to 19,000,000. Thirty per cent of the 25,000,000 swine have been slaughtered since the war, but the number or swine has risen to 20.000.000 on account of the prolific qualities of tne animal." WARSHIPS NOT TO COME Participation in Celebrations Is For bidden by War Department. OREGONIAN NEWS BUREAU. Wash ington, June 8. The Secretary of the Navy today advised Senator Chamber lain that he will be unable to detail any war vessels to Portland harbor during the Rose Festival. The Department has laid down a rule that during the war naval vessels will not be detailed to participate in cele brations of any kind. CAR SHORTAGE IS OVER Even Southern Pacific Needs but 39 Cars to Meet Orders. SALEM. Or., June 8. (Special.) The car shortage, which for many months has wrougnt industrial havoc In many parts ot the Northwest, Is over. Reports issued by the Public Service Commission today show that the Ore eon- Washington Railroad & Naviga tion Company has a surplus of 743 cars and the Oregon Trunk a surplus of no. The Southern Pacific now has a shortage of only 39 cars. The Spokane, Portland & Seattle was short 1 cars. The Oregon Electric had 24 unfilled car orders and the United. Railway seven. TEACHERS HIKE TO SHORE IT. of O. Professor and Brother Take Wilson River Trail. GASTON, Or., June 8. (Special.) Roy M. Winger, professor of mathe matics at the University of Oregon. left here yesterday noon with his brother Ralph Winger, principal of the Gaston High school, on a hike to Till amook, via the Wilson River route. After a few days at the seashore, they may . continue to Newport along the beach. Their packs included blankets and enough food and cooking kit to make them Independent of hotels; also fishing tackle, small axes and such necessaries. They will take the trip very leisurely. , Farmer Heads Red Cross Campaign. PENDLETON, Or, June 8. (Special) James Sturgis, farmer, heads the ex ecutive committee which will take the lead In raising the $30,000 apportioned to Umatilla County as its share of the Red Cross war fund. The other mem bers are: G. M. Rice, Leon Cohen, Rev, J. E. Snyder and J. F. Robinson. Read The Oregonlan classified ads. RANCH NEAR BEND IS SOLD 700 Head of Cattle and Horses Go With 1300-Acre Tract. BEND. Or., Juno 8. (Special.) The biggest real estate transaction closed here for several months was announced today . in the transfer of the George PR ICE TUMBLE On World Standard Lines of AUTOMOBILE SUPPLIES, ACCESSORIES, OILS, GREASES, GENERAL HARDWARE, BUILD ERS' HARDWARE, MECHANICS' TOOLS AND CUTLERY When the Entire Stock of the WESTERN HARDWARE & AUTO SUPPLY CO. BROADWAY AND PINE STREET Goes on sale direct to the public, wholesale or retail, to the individual buyer, on the same price basis a?. loads of bargains, beginning TODAY, O A. M. AUTO SUPPLIES, ACCESSORIES 20c Ford Brake Lining, foot. . . t 8Vz$ 90c Garko 2x3-16 Brake Lining, ft.. . . .45 $1.20 Garko 2xV4 Brake Lining, ft 60 $1 Garko 2 ',4x3-16 Brake Lining, ft 50 $1.30 Garko 2V Brake Lining, ft-.. 650 $1.10 Garko2'2x3-16 Brake Lining, ft. .55 All other sizes reduced in proportion. We have about 3000 feet in all sizes. 75c "Jumbo" Ford Special Spark Plugs 37 $1.00-$1.23 V. Ray Jumbo He-L-Fi Spark Plugs for all machines 450 $2.25 to $3.50 Tire Covers, while they last, choice $1.05 $4.00 Top Covers $2.00 $1 Three Chain Blow-out Chains 480 75c Two Cham Blow-out Chains 3o0 35c Johnson Cleaners 2O0 50c Liquid Veneer 300 50c Blue Ribbon Auto Polishes 300 $3.50 to $6.00 Tire Holders, while they last, choice $1.00 $2.00 Robe and Foot Rails $1.00 $2.00 Pennant Holders, pair $1.00 $3.00 Auto Dusters $2.23 $10.00 Auto Dusters ...$7.50 $5.00 Auto Dusters $3.75 Jones Speedometers ..$12.00 $10 and $12 Phinney-Walker Co.'s Auto Clocks $5.00 $1.50 Fuller's Leather or Mohair Dress ing $1.00 $1 to $1.50 Auto Caps, choice 500 $5.00 Auto Locks, brass $1.65 $25 Auto Trunk ..$12.50 25c Mica Tire Talc 120 40c Clover Brand Valve-grinding Com pound 250 $2.50 Motorcycle Horns .$1.25 $4.00 Trunk Racks $1.00 $6.00 Gasoline Pumps $4.00 $1.90 Ford Timers 900 All Other Timers Half Price. $1.00 Folding Chairs 500 40c Whiz Japan Enamel.... 250 $15 Presto Tanks, "E" $7.50 $18 Presto Tanks, "B" $9.00 $25 Presto Tanks, "A" $12.50 $8 to $10 Bumpers, while they last, choice $3.50 5-Ib. can Monarch Sponge Grease 5O0 10-lb. can Monarch Sponge Grease .900 10 lbs. Gold Medal Cup Grease 900 Havoline 15, 33 and 60-gaI. Tanks. gaL 4O0 5 and 10 lbs. Waste, per lb 140 Soap, per lb , 1O0 50c Large Sterno Heat 350 BUILDERS' HARDWARE 85c Penn Mortise Locks 550 $1.50 Solid Brass Mortise Locks $1 $1.00 Mortise Locks 650 $2.00 Front Door Locks $1.35 $3.50 Front Door Locks $2.25 $1.00 Eveready Razor 650 85c Keen Kutter Claw Hammer 640 40c and 50c Machinist Hammers 300 $1.00 Keen Kutter Hand Axes 750 $1.25 Kraeuter's Lineman Pliers 9O0 $1.50 Victor Hack Saw Blades, dz 9O0 $1.50 Gas Pliers 890 $6.00 Pipe Stock and Dies $4.50 75c Pruning Shears 480 $1.00 Yale Motorcycle Padlocks 690 $1.23 Keen Kutter Lath Hatchets $1 Henry Diston's, Keen Kutter and Atkins' Hand Saws, Off. STARRET'S TOOLS V OFF. (Excepting Micrometers, Plumb Bobs.) $6.00 Carving Seta $3.75 $3.75 Carving Sets.. $2.50 60c Wiss Shears 4O0 $5.00 Tailor Shears $3.25 $3.50 Ballbearing Skates. ......... .$2.00 $3.50 Slasher Mops 450 $2.00 Duplex Baskets ...$1.35 10c Matches (damaged) 3 for 100 $18.00 Electric Fan $12.25 $8 Cylinder Front Door Locks $5.00 75c Flush Sash Lifts, doz 450 30c Hook Sash Lifts, dozen 150 15c Cupboard Catches, each ' 80 $1.50 Barn Door Track, foot 90 Barn Door Hangers $1.00 90c Sash Cord 650 20c Screen Door Hinges 120 50c Screen Door Hinges 3O0 $1.50 Racine Door" Stops 900 $3.50 Vanth worth Wood Lifts $2.00 Screen Wire, black, square foot 20 Screen Wire, galvanized, sq. ft 30 $2.50 Duckalin Roofing Paper $1.65 Crow Roofing Paper $2.45 $2.25 Tarred Felt $1.70 30c 32x3Vi Brassed Butts 190 30c 3'ix3', Half-Surface Butts. .190 50c Foot Bolts 300 60c Chain Bolts 400 15c Window Locks 80 25c Gem Casters, set 150 $16.00 Electric Fan . ..$7.75 Best Carpenter "Pencils 30 $8.00 Shock Absorbers $4.50 25c Garden Trowels 120 75c qt. Jap-a-Lac 500 $1.00 Cherry Stoner 500 40-Watt Mazda Lamps 200 $2.00 Paint Brushes S1.40 60c Paint Brushes 350 15c Rat Traps 80 50c Fountain Sprinklers'. 350 DOG COLLARS HALF PRICE 40c 4-ft. Rules 250 BASEBALL GLOVES, MITTS AND BATS ONE-THIRD OFF 50c to $1 Trout Flies, choice, dozen. . . .350 40c and 50c Ford Fan Belts 200 25c Vi pts. Jap-a-Lac 150 $7.50 Wheelbarrows $5.00 DEALERS, ATTENTION! The Western Hardware & Auto Supply Company is positively QUITTING BUSINESS. The enormous stocks in the wholesale and retail departments are being closed out far below market prices. DONT OVERLOOK THE CHANCE. All shelving, showcases, cash register and all other fixtures must go. Make us an offer. We are going to make a clean sweep of the layout, if only a small portion of the original cost is realized. Mill lean ranch, in the Mlllican Valley, east of Bend, to James Sloan, a wealthy Umatilla County stockmaiu The prop erty. Includes between 1300 and 1400 acres, of which 800 are tillable and the rest range. About 700 head of cattle and horses go with the ranch. Grover Caldwell, of Umatilla County, has taken charge of the ranch, which it is understood will eventually be used for sheep raising. LIQUOR DELIVERY ASSURED Clarke County Requests for Shipments to Be Met, Say Express Firms. T ANCOUVE R, Wash., June 8. (Spe cial.) While no liquor permits are be ing Issued In Clarke- County, the ex press companies have been notified that all permits secured will be allowed to return with the amount of liquor they ask. Some permits were Issued since the law went into effect, after the ref erendum petition had been filed. It Is thought by some here that there will be enough names on this petition, as the. local County Clerk certified to the names, after they had been checked over and those found not regular were cast out. If all the clerks certified to the names on the petitions sent in, it is thought, no one at Olympia will be able to throw out any more, and that m Hand Work in i. Matins Suits Mat his Suits are man-made-tailored from start to finish by experts. And the Summer styles .are in! Those cool, trim, graceful Suits that fit the weather as well as you. Suits from the country's best makers should be none too good for you. tZM WtAK Corbet t Bldg.. cor. 6th and Morrison. the measure will be ordered placed on the ballot. LAURIER DENIES QUITTING Leadership of Party Not Given Up at Caucus, He Declares. TORONTO. Ont., June 8. A dispatch to the Toronto Telegram from Ottawa today says that at the Liberal caucus this morning Sir Wilfrid Laurler re signed the leadership of the party. OTTAWA. Ont, June ft. Sir Wilfrid Laurler, when he saw the Toronto Tele gram's dispatch announcing his resig nation in the Liberal caucus today, said : "That Is not true. It was not dis cussed in the caucus." The opposition leader would make no further comment. Lien tenant Visits Hood River. HOOD RIVER, Or.. June 8. (Spe cial.) Lieutenant John C. Wood, United States . Marine Corps, of Santa Crus, Cal., while here on a visit with the fam ily of his sister, Mrs. O. B. Nye. today received a telegram ordering him to report on June IS to Mare Inland. Toung Mr. Wood received his appoint ment recently while a student at Stan ford University. Lieutenant Lieser Promoted. VANCOUVER, Wash., June 8. (Spe cial.) Lieutenant Herbert C. Lleser. a. practicing physician of this city, who has been in the Medical Reserve Corps for several years and who has been on duty in Vancouver Barracks since tha recent Army activities, has been noti fied that he has been promoted to th rank of Captain and that his commis sion Is now in the mall and will arrive here within a day or so. Captain Lieser is now acting surgeon in the post hospital. TILLAMOOK COUNTY BEACHES A scenic, ride unequaled in Oregon. Through the tall pine forests, over rushing mountain streams, and at last to the blue Pacific. A score of beautiful beach resorts. Neah-Kah-Nie, Classic Ridge, Manzanita, Lake Lytle, Ocean Lake Park, Rockaway, Barview, Bayocean. Seashore Special Leaves Portland every Sunday ... 1 :40 P. M. Returning, leaves Tillamook 4:30 P. M. REGULAR TRAIN Leaves Portland daily 7:45 A.M. Returning, leaves Tillamook. . . . . 11 :00 A. M. Season Excursion Fares On sale daily Return limit Oct. 31st Week-End Fares On Sale Saturday and Sunday Return Monday CITY TICKET OFFICE 131 FOURTH ST. Main 8800, A 6704. JOHN M. SCOTT. Gen- Pas. Agt. it J