Morning Oregonian. (Portland, Or.) 1861-1937, February 05, 1919, Image 1

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    VOL,. LIX. NO. 18,10.
POUTLAND, OREGON, WEDNESDAY, FEBRUARY 5, 1919.
PRICE FIVE CENTS.
65,000 WORKERS TO
HEED STRIKE GULL
YANKEE FIGHTING MEN
1BEHNE CONFERENCE
HOUSE VOTES SALARY
RISE TO OFFICIALS
RED 'PROPAGANDA
TARGET OF PROBE
5000 WORKMEN WANT
FREE TICKETS HOME
HENRY ALBER5 JURY
TAKE OVERSEA BRIDES
DEEMED HUN-MADE
REACHES DECISION
ENGLISH, SCOTCH AND IRISH
GIRLS ARE FAVORED.
SUPREME JUSTICES GET $5230
' ANNUALLY CXDER BILL.
OIIEGO: LABOR HEAD A P TEALS
TO SHIPPING BOARD.
Union Men Fail to Involve
Jacoma and Other Cities.
2000 TIMBERMEN TO QUIT
Wills and Camps Outside of
Seattle Not Affected.
SOUND PREPARES FOR BLOW
Schools Are to Be. Kept Optn and
Municipal Plants Will Be Op
erated by City Authorities.
SEATTLE, Feb. 4. Seattle labor
tanions, defeated bo far in their attempt
to secure a general strike in Tacoma
and other points, and with their awn
membership hero divided, announced
tonight through their strike confer
ence committee that all was in read
iness for the strike in Seattle at 10
A. M. Thursday. This strike, involving
an estimated 65,000 workers, including
25.000 metal trade workers already out
in shipyards and contract shops, is said
by labor leaders to be the first general
strike ever held on the Pacific Coast, if
not in the country.
The metal trades workers struck for
higher wages than those contained In
the Macy award, effective until March
31, and the strike of the other unions
is a sympathetic one.
Support for the strikers came today
In the announcement of the Seattle
Timberworkers' Union that 3000 lumber
workers employed in and about half of
Seattle sawmills, lumber camps and
shingle mills, would quit work Thurs
day. Mills and lumber camps outside of
Seattle may not be affected unless the
walkout develops into a state-wide
ttrike. it was said.
Firemen Kiot Affected.
The Seattle Union of Marine Firemen
announced today that its members
would not be affected by the general
etrike. The Sailors' Union of the Pa
cific, however, comprising coastwise
and offshore sailors, has asked permis
sion of its international organization to
leave vessels Thursday. Marine cooks
and Bteward3 are also awaiting word
from international headquarters. The
plasters' Mates and" Pilots Union will
not participate in the strike.
Other developments today included:
Seattle echdola are to be kept open;
city authorities will operate municipal
light, water and other utilities, replac
ing any strikers with other men; pack
ers will operate their own plants and
retail markets; the city-owned street
car lines will operate, according to
Superintendent Thomas Murphine.
Mayor Hansen announced that these
would be maintained by the police. The
cooks' unions considered plans for op
erating sufficient "soup kitchens" to
feed 15,000 persons, if necessary, two
meals daily. Milk for babies and in
valids will be dispensed at 10 dairy
depots.
Guards Asked For.
Requests had been made by American
Uxpress Company officials for guards
for company wagons if delivery of
perishable foodstuffs beyond station
pianorms is expected or. ine company, i
Federal Department heads conferred)
today and reported to their respective!
chiefs at Washington as to their needs
t all Eederal departments plan to op
erate as usual. City civil service em
ployes have been ordered to remain at
work. Maintenance of telephone and
telegraph facilities was still expected,
from reports tonight, but the situation
concerning these two means of com
munication was hazy.
Whether Seattle will walk after
Thursday morning was to be decided
ty the executive committee of the
etreetcar men's union tonight. Sanc
tion for the men to strike was asked
of their international officers and what
reply was given was not announced.
Should sanction be refused, the men, it
was said, would hesitate about for
feiting their life insurance and other
benefits arising from affiliation with
the international organization. Jitneys
will cease to operate, however, on
Thursday. And with gasoline service
stations closed, private automobile
owners probabily will not be able to
operate their cars long
Katlng Houses to Close.
Aside from the union "soup kitch
ens," virtually all public eating places
will be closed. .
Refusal of International Typograph
ical Union officers to sanction a strike
of printers was discussed late today by
the local union, and Secretary II. C.
Koss warned all members that viola
tion of the international order would
forfeit them protection of priority
rights.
Confectionery workers, bakers and
telephone operators were polling a
etrike vote tonight. Electrical workers
were also meeting to review the matter
of exemptions for city employes.
The Ministerial Federation today an
nounced that it had ldorsed a $5.50
minimum wage for shipyard workers.
TACOMA BREAK IS PREDICTlil)
IH'icuIties Grow Out of Referendum
Vote on General Strike.
TACOMA, Wash., Feb. 4. A wide
open split of the Tacoma Central Labor
Council was openly predicted by mem
bers of many unions tonight as the re
sult of difficulties arising out of the
(Continued ua Page
Columu 1.)
American Privates and Officers
Pronounced Persistent and
Gallant ( Sweethearts.
(Copyright. 1!1!. by the New Torlt "World.
Published by Ai rangcmcnU)
LONDON, Feb. 4. (Special.) "Nearly
all the boys are picking winners." This
was the comment an American naval
officer made today while speaking of
the European brides whom American
sailors and soldiers are acquiring.
These bluejackets and Sammies who
have married English, Scotch or Irish
girls believe the home folks will be
more pleased with this variety than
with new relatives from continental
Europe. Several British ports, notably
Liverpool and Southampton, are con
gregating points for these brides, some
of whom are delayed in sailing for
America because of the shortage of ac
commodations. Several officers say that the highest
average of comeliness is among the
Irish brides. Few of the girls are of
the high-heeled variety, the majority
having efficient acquaintance with
household duties. The girls themselves
are unanimous in pronouncing Ameri
cans persistent and gallant sweet
hearts. Another batch of 15 new wives
has just sailed from Liverpool. One
said her husband had told her Indians
could still be seen on Broadway.
WEINHARD ESTATE VALUED
Inventory Tiled Gives Appraisement
of $1,138,362.73.
An appraised value of $1,138,362.73 Is
given the estate of the late Louise
Weinhard In the inventory filed in the
Multnomah County Court. Of this
amount oply J1540 is invested in real
estate, the residue being in notes and
mortgages ranging in value from 20
to J12.527. Bank deposits totaled $3500.
The Baby Home was left J1000. the
Open Air Sanitarium near Milwaukie,
$2000; the Good Samaritan Hospital,
$1000, and the foreign missions of the
Reformed Church in the United States.
$1000, in the will of Mrs. Weinhard.
Her daughter, Anna Catherina Wes
singer, was bequeathed $100,000; her
son-in-law. Paul Wessinger, $100,000;
her son-in-law. Henry Wagner. $100.
000, and to the three already named
was left $300,000 in trust for her grand
children, Milla Louise Wessinger Hart,
Henry William Wessinger and Henry
Weinhard Wagner.
WOODEN SHIPS ALL STOP
Shipment of Lumber to South Ex
cites Suspicion.
OREGONIAN NEWS BUREAU, Wash
ington. Feb. 4. Orders for wooden
ships on the Atlantic Coast and in the
South were suspended on the same
basis as those on the Pacific Coast.
Representative McArthur was assured
by the Emergency Fleet Corporation
today. Some suspicion had been ex
cited on the Pacific Coast from the
fact that shipbuilding materials con
tinued to move from Western Oregon
to the South.
With . reference to this S. M. Evans,
of the division of cancellations, ad
justment and salvage of the Fleet Cor
poration, said: "We are transferring
lumber from the Pacific Coast to be
used in the place of pine-so as to re
lieve the Pacific Coast lumber situation."
CURRY HAS $100,000 FIRE
Business Section of Gold Beach
Wiped Ont by Blaze.
BANDON, Or., Feb. . 4. (Special.)
Fire at Gold Beach this afternoon de
stroyed a major portion of the business
section of the town, including the gen
eral stores of the Wedderburn Trad
ins Company. Blschel Hotel, B. M. Llt
tler's hardware store. Dr. Schleinann's
drug store. Bank of Gold Beach, and
the Coos and Curry telephone station.
The loss is estimated at between $75,-
000 and $100,000.
The fire originated In the Bischel
Hotel, and is reported to have been
caused by a small boy playing with
matches. Telephone communication
has since been interrupted and further
details are not available.
0. A. C. INSTRUCTOR NAMED
First Lieutenant E. B. Hanna As
signed to Military Duty.
OREGONIAN NEWS BUREAU, Wash
ington, Feb. 4. First Lieutenant Ells
worth B. Hanna, infantry, is detailed as
military instructor at Oregon Agricul
tural College, Corvallis, by today's
Army orders and First Lieutenant Ken
neth Williams Kinney, Medical Corps,
Vancouver Barracks, Washington, is or
dered to Camp JJodge, Iowa.
DRY RATIFICATION REFUSED
First Vote Against Amendment Reg
istcred by Connecticut.
HARTFORD, Conn., Feb. 4. By i
vote of 2 to 14, the Connecticut Senate
this afternoon, refused to ratify the
Federal prohibition amendment
Action by the Connecticut Senate is
the first vote against ratification thus
taken by any branch of a Legislature
in the United States.
SAVE EX-KAISER, IS PLEA
Societies . to Oppose Surrender
Former Ruler Organize.
A M S T E R D A M, Feb. 4. Sociel
"to save the cx-Kaiser" from be
of
ies
ing
handed over to the allies are bei
ng
organized in Germany, according
the Volks Zcitung of Osnabruck.
to
American Labor Delegates
Refuse to Attend.
PARIS SESSION IS TRUSTED
Demands Will Be Presented to
Peace Conference.
SOCIALISTS HAVE CLASH
French and German Delegates at
Berne Quarrel Violently Over
Blame for Starting War.
PARIS, Feb. 4. (By the Associated
Press.) The American Federation , of
Labor delegates, headed by Samuel
Gompers, stated tonight that they had
refused to attend the International
labor conference at Berne because the
delegation had been instructed by sev
eral of the American labor organiza
tions to present their demands to the
Paris peace conference, which already
has in view International labor proj
ects, and is not likely to be Influenced
by the Berne convention.
The statement asserts the belief that
the proposals of the Berne conference
will be "German made," and points out
that German labor has the right to
present its demands at the final peace
table.
Later Meeting; Possible.
The American labor delegates indi
cate that there is a possibility of meet
ing the German delegates after the
signing of the peace treaty, but that
meanwhile they will work with . the
peace conference and that the interna
tional labor committee will summ n
an inter-allied conference at Paris of
organizations not represented.
BERNE, Feb. 4. A violent rhetorical
duel between the French and German
Socialists marked the second sitting
last night of the International Labor
and Socialist Conference.
Otto .Wels, tno former military com
mander of Berlin, defended the German
position and said that the German So
cialists already had settled the ques
tion of responsibility for the war ' in
having taken all power from the
princes and kings. Wels accused Great
Britain of having killed 700,000 Ger
man women, children and old men by
the "hunger blockade."
Eisner la First Speaker.
Kurt Eisner, the Bavarian Premier,
was the first speaker on the pro
gramme for today.
Herr Wels argued that the German
Social Democrats should not be charged
with responsibility for the war. as
none of them had been members of the
government when the war began.
iiiviuis, oi me rrencn aeiegatlon,
recalled the attitude of the German So
cialists at the outbreak of the war. He
called attention also to their approval
of the treaties of Brest-Litovsk and
Bucharest. He declared that the ma
jority Socialists in Germany had ap-
(Concluded on Page 3. Column 4.)
Insurance Commissioner .Granted In
crease to $3600 a Year Dairy
Commissioner Advanced.
STATE CAPITOL. Salem, Or., Feb. 4.
The House continued its salary rais
ing for state officials today by pass
ing bills increasing salaries of Supreme
Justices, the Insurance Commissioner
and the Dairy and Food Commissioner
and his deputies.
Supreme Justices' salaries rise from
$4500 to $5250 under the House bill by
Mr. Burdick. while the Insurance .Com
missioner is given an Increase of from
$3000 to $3600 and the Dairy and Food
Commissioner from $2000 t. $3000. pro
vision being made tor allowing him to
adjust the salaries of his deputy. Rep
resentative Martin championed the bill
for the Insurance Commissioner and
Mrs. Thompson for the Dairy and Food
Commissioner.
Speaker Jones spoke strongly against
the rise, for the Supreme Justices, say
ing he was opposed to theirv receiving
more than the Governor, and also op
posed to their having their salaries
increased during their terms of office
for which, they were elected. "
All of the salary bills still have to
run the gauntlet of the Senate.
SINN FEINERS BREAK JAIL
Key Thrown Over Prison Wall to
Three Members of Parliament.
LONDON", Feb. 4. Professor Edward
de Valera. the Sinn Fein leader, and
Milroy and McGarry, also Sinn Felners,
members of Parliament, escaped fron
the prison at Lincoln last night, ac
wording to a dispatch from Lincoln
to the Evening News.
Apparently, the dispatch adds, the
master key to the back door was
thrown over the prison walls to the
Sinn Fciners. It was then an easy
matter for the trio to walk out to a
waiting automobile, which took, them
toward the coast.
65TH ARTILLERY DUE 16TH
About 160 0 Men From North Pa
clfic Coast In Regiment.
OREGONIAN NEWS BUREAU. Wash.
ington, Feb. 4. Portland will have an
opportunity to entertain the 65th Artil
lery about February 16, Representative
McArthur was advised today.
There are about 1600 men from the
North Pacific Coast in the regiment.
FEATIREH OF THE OREGON
. LEGISLATURE YESTERDAY.
Senate.
Senator Farrell openly charged
Senator Moser of controlling Leg
islature. Bill introduced to repeal law
requiring medical certificates for
marriage licenses.
First consolidation passes in
Senate.
IIoase.
House passes bills Increasing
salaries of Supreme Justices, In
surance Commissioner and Dairy
and Food Commissioner.
Repeals law of 1917 session
which would prohibit appropria
tions for state-aided charitable
institutions for care of delinquent
and dependent children.
THE PROVERBIAL CAT.
Senate Sees Plot to Over
throw Government.
RESOLUTION IS FAR-REACHING
Public Assembly at Capital Is
" Criticised by Senator.
I. W. W. HELD AS CRIMINAL
Expulsion of Congressmen Speaking
In Support of Russian Soviet Is
Vrcd by Montana Senator.
WASHINGTON, Teh. 4. Sweeping
investigation of Bolshevikl. I. W. W.
a: . fther propaganda was ordered to
day by the Senate after two hours of
tempestuous discussion, in which sev
eral Senators declared organizations
were plotting to overthrow the Amer
ican Government by violence.
The Senate Judiciary sub-committee,
which for more tha.i a year has been
inves'igating pro-German and brewers'
propaganda, was authorized by the
Senate resolution to conduct the :iew
inquiry. The committee will begin
work probably next Friday. The chair
man. Senator Overman, eaid the new
investigation would cover a wide range
and probably continue after Congress
adjourned.
Resolottoa Far Reaching.
The resolution, offered by Senator
Walsh, of Montana, Democrat, and
adopted without a roll call or dissent
ing voice, extended the committee
power to inquire concerning any efforts
being made to propagate in this
country the principles ,f any p'rty ex
ercising or claiming to exerclso au
thority in Russia, whether i-'a efforts
originate in this country or are in
cited or financed from abroad, and
further to inquire into any efforts to
incite the overthrow of the government
of this country or all government, by
force, or by the destruction of life or
property, or the general cessation of
industry.
Senators Joined in denunciation of
the alleged propaganda t.nd also of a
meeting held here last Sunday, at
which the Russian soviet government
was praised as superior to the Ameri
can form of government
Senate Expulsion Proponed.
Senator Polndexter, of Washington,
Republican, introduced a resolution
calling for investigation by the De
partment of Justice of the assembly
here, which was addressed by Repre
sentative Mason, of Illinois, and at
which Representatives Gordon, of Ohio,
and Dillon, of South Dakc a, also were
present. This resolution went over for
further discussion.
The Senate's action looking to the
suppression of the alleged seditious
propaganda, came unexpectedly. Sen
ator Myers, of Montana, opened the
discussion with criticism of last Sun
day's public meeting, held in a theater
owned by the Government, and said any
member of Congress who spoke at the
(Concluded on Paso 3, Column )
I KAVJ6H'
Traveling" Expenses of Men Sent to
Pacific Coast, to Work in
Wooden Shipyards Asked.
WASHINGTON. Feb. 1. O. R. TTart
wlg. president of the Oregon State
Federation of Labor, atked the Ship
ping Board today to assistf in trans
porting back to their homes approxi
mately 6000 workmen sent to the Pa
cific Coast during the war to build
wooden ships, contracts for which
have now been canceled.
Mr. Ilartwlg said later that Acting
Chairman Donald had promised that
an investigation would be made and
transportation furnished if the situa
tion made it seem desirable. Serious
unemployment is threatened by the
stoppage of the wooden ship construe
tion. Mr. Ilartwlg Baid, and union of
ficials hold that the men moved to the
Coast to work on such ships should be
sent back, home.
During the height of the wooden
and steel shipbuilding activity last
year hundreds of men were drawn
here from the Middle West and South
and for a time the Government op
erated special trains to carry theni
Larly in the Fall a curtailment took
place In wooden yards and on Novem
ber Z 5 orders came suspending work
on certain vessels, about 28 being af
fected In the Oregon district. From
September 30 to February 1 851S men
were discharged.
There has been little variation In
the number of men employed in steel
plants during the past few months.
PHONE RATES ARE STAYED
Xcbraka Starts Suit to Prevent En
forcement of New Charges.
LINCOLN. Neb., Feb. 4. Efforts to
prevent the enforcement in Nebraska
of Postmaster-General Burleson's
schedule of telephone rates in intra
state calls were begun here today in
a suit by State's Attorney-General
Clarence A. Davis. A temporary In
junction restraining the Lincoln Tele
phone Ac Telegraph Company from
making the charges authorized by the
Postmaster-General was granted.
Only the Railway Commission has
authority to fix intrastate rates, it is
charged.
WARNING SENT TO ALLIES
Beware or Germany in Russia Is
Advice of Grand Duke.
PARIS. Feb. 4. The former Grand
Duke Alexander Michaelovitch, brother-in-law
of the former Russian Emperor,
who has arrived in Paris, says in an in
terview in Le Matin that the allies
must beware of Germany in Russia.
"France has every reason to save
Russia," he declared. "If you do not
intervene now. be sure that Germany
will intervene in her own time. Be
ware of Germany."
COLOGNE NEWSPAPERS HIT
British Stop Publication of Zcllan;
and Tagcblatt Eight Days.
BERLIN. Feb. 3. (By the Associated
Press.) The British military authori
ties, according to reports received here,
have prohibited the publication of the
Cologne Zeitung and the Cologne Tage
blatt for a period of eight days-
INDEX OF TODAY'S NEWS
I The Weather.
TESTKRDAY'S Maximum temperature. 50
I decrees; minimum, 3S degrees.
I' TODAY'S Rain; moderate south to east
winds.
Lrsinlatures.
I Housa votes salary rise to officials. Page t.
nuiiam mi (.Mympu to continue
Pace 7.
Force account measure Is defeated. Page a
Senator Moser said to control Oregon Legis
lature. Paso 7.
Foreign.
Berne conference 'deemed Crrntin-mlde
Page 1.
Stern Justice rule of American military no
lle. Page ia.
Russian situation declared brlshter. Face 14.
Greek claims to be studied. Pace 4.
Poles and Czechs receive warning from peace
conference. Page 11.
Berlin Keds try to revive Bolshevism.
Pa co 0.
Irish trouble crows swiftly to climax. Pace 2.
Red propaganda tercet of probe. Pace 1.
Yankee flchtlns men take oversea brides.
Pace 1.
National.
President urges bis Cnlted States Navy.
Pago 4.
Casually list. Pace IS.
Pacific Northwest.
Seattle dared by lmpcndlnc sympathetic
strike. Pace
Five thousand Coast workmen want travel-
inc expenses home. Pace 1.
Sixty-five thousand men to strike in Seattle
tomorrow morning. Page 1.
Sports.
Portland will open Coapt baseball season In
l.os Angeles. Page 1 J.
fUckard to make offer of 125.000 to Jack
Dempsey. Page 1'J.
Jefferson defeats Christian Brothers, 18 to
li Pago IX
Commercial and Marioe.
Schooner Else iold to Pacific freighters
Company. Pago IS.
Pota'.o prices are declining. Pace 10.
Stockyards quiet. Page 19.
Grain pact has bearish influence on corn
Page 1!-
" Portland and Vicinity.
Albers case goes to Jury, which quickly re
turns sealed verdict. Page 1.
Number of men out of work In Portland
Pace 10.
City officials vis.lt mystlo Chinatown.
Page IS.
Deportation of alien shirkers considered
Page -'.
Minneapolis woman Identifies property found
in room occupied by officers' "victim
Page O.
Soldiers' reception committee makes plans
for welcoming troops. Page IS.
Red Cross chapter faces crisis. I'age 10.
Income tax blanks expected to arrtve soon.
Page io.
Double opera bill dtlglits audience. Page 5
More than S1.imki.ooo In road contracts
awarded- Page IX
Wvalher report, data ana forecast. Pace la.
Sealed Verdict Will Be
Opened This Morning.
CASE STUDIED THREE HOURS
Attorney McGinn Makes Strong
Appeal in Client's Behalf.
INTENT INSTRUCTION GIVEN
Cnitcd States District Attorney
llaney Closes Appeal With Re
cital of YVar-Time Verse.
After being out but three hours and
l' minutes, of which time approxi
mately an hour was spent at dinner,
tt.e iury in the Federal Court espion
age case against Henry Albers, wealthy
Tacific Coast miller, returned a sealed
verdict at 7:50 la.-t night, indicating
that the Jurors were practically of one
mind when the case came to a close
at 1:10 in the afternoon.
Whether Albers has been found
guilty on any or all of the seven
counts against him will not be def
initely revealed until 10 o'clock this
morning, when Federal Judge Wotver
ton asain convenes court. The bitterly
contested case has been in progress
more than a week.
Jary Retires at 4:1.
Federal Judge 'VVolverton's instruc
tion to the jury began at 2 o'clock and
lasted until ;10. when the jury retired
to consider its verdict. Instructions
were issued to return a sealed verdict,
if agreement was reached, at the open
ing of court this morning at 10 o'clock.
In his charge to the jury Judge Wol
verton made It clear that the question
of intent must be settled in the minds
of the jurors beyond a reasonable
doubt, that the defendant intended
by his alleged eeditious utterances to
hamper America in the prosecution of
the war. The court reviewed the
charges contained in the indictment,
count by count.
"Each count sets out a separate and
distinct offense." said Judge Wolver
ton, "and calls for a distinct and sepa
rate verdict. Therefore you may find
the defendant guilty upon all the
counts, or not guilty upon all the
counts, or guilty upon one or more of
the counts and not gui.ty upon the
balance.
Armistice Xct Conslderr-d.
"This statute," referring to the espi
onage act, "was enacted obviously to
meet the war danger to the Govern
ment, danger arising within the body
of the people, rather than danger from
the enemy on the battle line, and Its
importance lies In the fact that it em
bodies the policy which the Govern
ment has dopted for Its protection,
particularly against Internal interfer
ence wilh its military operations and
war programmes."
Judge Wolverton made it clear that
the offenses charged -.vera committed,
if committed, when the United States
was at war with Germany, and the
.subsequent armistice should not be
considered by the Jury as affecting ila
deliberations.
I.a vr Permits Differences,
"It is not claimed that the defendant
actually brought about any insubor
dination or refusal of duty," said Judge
Wolverton, in referring to one of the
counts, "it is not claimed that he
brought about any disloyalty. The
charge is. that is. what he had In his
heart tliat It was his purpose and be
tried to bring it about, and these words
that the Government claims were
spoken. It is claimed, for that purpose;
and that Is what you have to decide.
"The :aw does not forbid differences
of opinion or reasonable discussion as
to the auses which Induced Congress
to declare war. nor as to the results
to be attained by war. nor at the end
of the war, nor any easonable and
tempered discussions and differences
of opinion upon any and all of the
measures adopted in carrying out the
war. The law is limited to making it
a crime to oppose by word o. act the
military measures taken by the United
States or under lawful authority by
the officers of the United Stages for
the purpose of prosecuting that war to
a successful end."
UrinkrnnrM Kirnr.
Judge Wolverton's reference to the
drunken condition of the defendant at
the time the alleged remarks were
uttered was as follows:
"Drunkenness neither excuses the
offense nor avo'ds the. punishment
which the law Inflicts, when the char
acter of the offense is ascertained and
determined, but evidence of drunken
ness is admissible tolely with refer
ence to the question of intent.
"The weight to be given to it is a
matter for the Jury to determine, and
It should be received rith great cau
tion and carefully examined in connec
tion with all the circumstances and
evidence in the case.
"You should discriminate between
the conditions of the mind merely ex
cited by Intoxicating drink and jet
capable of forming a specific intent
and purpose, and such a prostration of'
the faculties a renders a jian incapa
ble of forming the intent.
"If the intoxicated person has the
capacity to form the Intent and con
ceives and executes such intent, it Is
no ground for reducing the degree of
his crime tha' lie was too drunk to
(Conclutlsd un Page 13. Column 3. )