Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 27, 1920)
THE MORNING OREGONIAN, TUESDAY, JANUARY 27, 1920 3 CHANGE DENIED OF VENUE IS TO I. W. W. Court Warns Attorneys Per sonalities Are Barred. PRISONERS ARE COMPOSED Separate Trial Rcinscd for Roberts, AVlio Signed Confession Accused Ijawycr Aids Defense. (Continued From I'irat Fage ) Kahle of Aberdeen, an instant before he reached for his hat and left the bex, freed from any possibility of service. Of those called from the venire to fill the first prospective panel, one is a woman. Emily C. Pattison of Aber deen. The venire comprises 467 name.. 92 from a previous regular call, 300 by the first special call and 73 by a special call issued this morning. The defense made it plain that it will challenge all jurors whose knowledge of the facts surrounding the Armistice day affair has been gleaned from the Washington and Oregon press. Mere admission by the veniremen that they had read such papers, though they had formed no fcixed opinion and were confident that fhrv could afford an impartial trial, was sufficient to launch a demand for their excusal. ' Change of Venue Aked. As the first move this morning, George F. Vanderveer, attorney for the defense and reputed national coun sel for the I. W. W., argued a motion or a change of venue, alleging undue prejudice and propaganda against the defendants in Grays Harbor county and asking that the case be removed to Tacoma. In this, the third attempt to pro cure a change of venue, the defense lost after attorneys for the state had presented counter argument that no undue prejudice exists in this county and that the I. W. W. organization itself had been most active in seeking through propaganda to create public sentiment for the defendants and to Inculcate the belief that they were on the defensive when four Centralia veterans on November 11 were slain by "wobblies' " bullets during the course of an Armistice day parade. Judge Denies Motion. Judge John M. Wilson of the supe rior court, presiding, ruled that no additional reason over those presented at the Drevious hearing had been fur nished to show cause for change of venue, and dismissed the motion. Similarly, the defense failed to score in its attempt to procure a separate trial for Loren Roberts, one of the accused men, whose signed con fession, implicating others, is in the hands of the state. The I. W. W. counsel entered a dual argument for the separate trial of Roberts, an nouncing that in his instance the de fense would allege insanity, and fur ther that the statements made in the confession would not be held admis sible by the defense with regard to the remaining ten defendants. Jury Examination Starts. At the opening of the afternoon ses sion, when Judge Wilson had dis missed the motion for a separate trial. prospective Jurors were admitted to the courtroom and the first phase ot th actual legal struggle began with the examination of veniremen. It is predicted that a jury will not be ob tained in less than a week and that possibly ten days may be consumed before the panel is filled and the case proceeds. Taking prominence in the examina tion of the prospective jurors by the state was C. 13. Cunningham, special prosecutor, of Centralia. The coun eel for the prosecution includes Her man Allen, prosecuting attorney for Lewis county, where the Armistice day affray took place; W. H. Abel of Montesano, C. D. Cunningham of Centralia, Frank P. Christensen, as sistant attorney-general; John H. Dunbar, assistant in the attorney-general's office, and J. H. J. Hanke, assistant prosecutor for Lewis county. L. L.. Thompson, attorney-general for Washington, was present at the open ing of the case. Prisoners Looking Better. At 10 o'clock this morning, escorted by deputy sheriffs, the 11 accused men crossed the "Bridge of Sighs" from the jail to the courtroom. It would be difficult for those who saw the defendants shortly after their capture by American Legion posses to recognize in the smooth-shaven, full- fed prisoners, the gaunt and haggard men who were apprehended on No vember 11 and the days immediately following. Ray Becker, whose con fession was the first inner vision ob tained by the state of the secret preparations alleged to have been made by Centralia I. W. W. for armis tice day, is white of face and plainly nervous, but takes keen interest in the progress of the examinations, and smiles at the thrusts of counsel. Elmer Smith, radical attorney of Centralia, graduate of Minnesota uni versity, who is equally accused of murder in the first degree by virtue of alleged participation in the plans of the I. W. W.. sat at the side of Van derveer, apart from his fellows, and frequently whispered in consultation with the I. W. W. counsel. Others of the 11 defendants, seated on a long bench back of their attor ney, betrayed no lack of composure. and listened intently to the clashes of the state and the defense, several smiling from time to time. Motion for a change of venue was denied by Judge Wilson, after affi davits of prejudice presented by the defense had been argued by Van derveer and counter-argued by the prosecution. The court held that no showing had been, made sufficient to I warrant granting a change of venue 1 to Tacoma, as requested by Vander- I veer, and denied the application, 1 argument of which consumed the entire forenoon session. ! Keen for the legal battle, both defense and prosecution gave early evidence of sarcastic inclination, but it was a personality indulged in by W. II. Abel of the prosecution and directed at Vanderveer, which drew an abrupt and positive ruling on this score. "Personal remarks," said Judge Wilson, "must be refrained from. The court is not going to speak upon this matter very often. That applies to all counsel in the case." In his motion for a change of venue, based upon newspaper articles and pamphlets circulated in Grays Harbor county, which he declared to be prejudicial to the interest of the accused, Vanderveer lost the first thrust to the prosecution, when W. II. Abel, assistant prosecutor, objected to the introduction as evidence in the argument of newspaper articles and editorials published prior to the last hearing of venue change, or Jan uary 7. Judge Wilson ruled with this contention. Jnron Are Excluded. At the opening of the argument the court excluded all prospective jurors from the courtroom, as well as casual spectators. The defendants, one by one, rose and affixed their signatures to the affidavit of prejudice. Elmer Smith, attorney of Centralia. one of the defendants, remained at the side of Vanderveer during the argument and was frequently consulted. In arguing his motion1, the I. W. Wr. counsel referred repeatedly to news paper articles and editorials, which he asserted were inflammatory against the defendants and the I. A . W., and of such character as to prejudice public sentiment in Grays Harbor county and render a fair trial doubtful. Specifically Vanderveer referred to and quoted from the Hoquiam Wash- ingtonian, the Aberdeen World, the Montesano Vidette and the Elma Chronicle, also attacking a pamphlet issued by Centralia citizens and call- ng for justice against the alleged murderers of the four ex-service men who fell on Armistice day. "Rotten," 'wicked," "malicious." "villainous," "untrue." were his adjectives, and he asserted that the Centralia pamphlet was filled with the "most villainous lies." Radiral PreM Quoted. In contesting the application for a change of venue, the prosecution presented several newspaper articles from the radical ress, including issues of the New Solidarity the In dustrial Worker of Seattle and other papers and defense pamphlets. In bitter, provocative lancuaee. counsel pointed out, these in instances at tacked the court itself, declared the prosecution of the accused men to be a frameup and a murderous con spiracy, asserted the defendants fired upon the Armistice day parade in self-defense and contended that Cen tralia business men had planned a "wholesale massacre of the workers." A cartoon in New Solidarity, its theme the Centralia affair, denicted the American Legion as the incarna tion of savage and lustful murder, its victims aangiing from gibbets, and was captioned "Chain the Beast." A headline in the same issue of this publication referred to the prosecu tion of the accused L W. W. as "a ghastly frameup." These and other articles and propa ganda the prosecution produced to sustain its counter argument that the defense, through I. W. W. litera ture, had sought to create a wide prejudice and defeat the ends of justice and the possibility of a fair trial. Man's Record Rnied. with reference to Roy Lampitt of lioquiam, and Joseph H. Schrover-of Aberdeen, investigators in the pay of the defense, who filed affidavits of prejudice. Attorney W. H. Abel showed that both have been affiliated with the I. W. W. as strike agitators and organizers, and were under the sur veillance of the federal authorities during the war period. Lampitt, whose affidavit of preju-, dice set forth the fact that he is a veteran of the world war in Amer ican ranks, was shown by Attorney Abel and the prosecution to have been arrested as a draft dodger before his military service began. Reports of federal agents made in 1918 quoted Lampitt as saying that he would not shoot a German, but would shoot hie officers and then throw down his rifle and surrender to the enemy. "No showing has been made worthy of consideration for changing venue in this case," submitted Prosecutor Herman Allen. Vanderveer was grant ed ten minutes beyond the hour of adjournment to make reply. He plead ed that the court grant a change of venue to Tacoma, declaring that labor would be dissatisfied with the trial of the case in that city. "The court is not satisfied that there is such a showing as would change the former ruling of the court," said Judge Wilson, prefatory to his ruling. "The law does not per mit a second change of venue in cases of this kind. The motion for a Changs of venue has been deniedv EQUI APPEAL DENIED By SUPREME COURT Portland Woman Must Serve Disloyalty Sentence. PARDON IS ONLY WAY OUT tlon commissioner, today granted the Pacific Wholesale Drug company a permit to sell 200,000 worth of stock In Oregon. This corporation is made up of a number of retail drug mer chants in Oregon, and will have its permanent headquarters in Portland. Officers of the company are: A. W. Allen, president; George H. Guy, vice- president; E. J. Riggs. vice-presi dent; Roy A. Bush, secretary: John B. Leach, treasurer, and E. A. Bathrop, manager. Permission to sell $100,000 worth of stock in Oregon also was granted to the Portland Seed company. The officers of this corporation are: E. J. Johnson, president; B. L. Baucom. vice-president; M. A. Poppleton, secre tary, and George S. Reid, treasurer. Another order issued by the cor poration department gives authoritv to Patton & Robinson, Inc.. of Med ford. to sell 15000 worth of stock in Oregon. Strong Efforts for Clemency for "Political Prisoner" E.-rpected to Be Made ty Friends. OREGON! AN NEWS BUREAU, Washington, Jan. 26. Only execu tive clemency can save Dr. Marie Equi of Portland, Or., who was alleged to have called the American flag a "dirty little rag" and referred to soldiers and sailors as the "dirty, corruptible scum of the army and navy," from serving three years in the penitentiary. unis is tne errect or the supreme court's action today in declining to review the decision of the United States district court of appeals at San Francisco, which upheld the judgment of the United States district court of Oregon. The sentence of Dr. Equi also car ries a fine of J500. She was con victed at Portland on November 21, 1918, on indictments which were mainly the result of disloyal remarks made in a speech at the hall of the Industrial workers of the world at Portland on June 27 of the same year. It is understood; that strong efforts will be made by some of Dr. Equi's friends to obtain a pardon on the ground that she is a "political pris oner" and that as such she Is entitled to her liberty, the war having ended INTEREST IX TRIAIj HIGH LEGION'S AID VALUABLE THOUSANDS OF DOLLARS ARE SAVED EX-SERVICE JIEX. Slander of American Soldier Re suits In Sentence, Dr. Marie Equi's trial and conviction attracted considerable attention and was considered sufficiently important by radical publications to have cor respondents on hand. Dr. Equi, who has been a resident of Portland for many years, was indicted in June 1918, for statements made against the American soldiers. She was tried in November and was found guilty and sentenced to serve three years in prison and pay a fine of $500. During the trial members of the I. W. W. testified in her behalf and George Vandeveer, I. W. W. lawyer was her principal counsel. It was shown that Dr. Equi delivered talks at I. W. W. hall and in the Plaza where her audience largely consisted of "wobblies." Testifying against Dr. Equi were operatives of 'the military intelligence bureau and members of the police department. mat she nad made disparaging re marks against the American soldiers was flatly denied by the defendan and she denied all the charge brought against her. In attendance at the trial were special writers from various radical publications in th east and one or two radical publica tions of Europe. ine governments case was prose cuted by Bert E. Haney, then United States Attorney, and his chief assist ant, Barnett Goldstein. Dr. Equi was defended by Vandeveer and Jame Fenton of San Francisco. An appeal was taken and the woman was rep resented by C. E. S. Wood. As a last resort, the defendant sought relief from the United States supreme court, without success. Rumors were current yesterday that a petition has already been pre pared and will be put in circulation for signatures requesting the presi dent of the United States to grant Dr. Equi a pardon. Unless the presi dent grants the pardon. Dr. Equi will have to serve her prison sentence. WOMAN TO FACE TRIAL Difficult Claims Arc Settled In Short Order and All Kinds ot Help Given, Says Commander. INDIANAPOLIS, Ind., Jan. 26. Franklin D'Olier,- national commander of the American Legion, today issued the following statement with regard to the service the legion has under taken to render ex-service men: "At each of the 7000 local posts' of the legion throughout the country is a war risk office, conforming In this regard with the state organizations and that at national headquarters at Indianapolis. These local offices have been in structed to take up with the bureaus n Washington or branch offices any cases for the service men that mav be brought to their attention calling for governmental action. Such cases as they deem worthy of advice of the state war risk officer are forwarded to him. Where the case cannot be handled by state department officers it is forwarded to state headquarters and may In turn be submitted to na tional headquarters for attention where the headquarters service is re quired. Thousands of these difficult or extraordinary cases involving ques tions of law and procedure or delayed cases are received daily. Most of these appeals consist of various claims against the govern ment growing out of a man's service in the army, navy or marine corns They relate for the most part to com pensation, allotments, liberty lo bonds, vocational training and bonuses In a period of two months, for example, national headquarters haB been instrumental in collecting for ex-service men $16,650 In liberty loan bonds and $16,430.90 in allotments and allowances. "Charles F. Sheriden, in charge of the service division at national head quarters and formerly connected with the war risk insurance bureau at Washington, is in charge of this branch of the service. His intimate knowledge of workings of various governmental bureaus in Washington enables him to render with the utmost dispatch this service to the many ex service men who appeal their cases to the war department." CLEAN AMUSEMENT PLANNED FOR FAIRS North Pacific Association Holds Important Session. DATES WILL BE FIXED ACTRESS TELLS SECRET JAPS WANT SETTLEMENT EARLY DISPOSAL. OP SHAX- TUXG MATTER DESIRED. California Supreme Court Denies Social Workers' Petition. SAN FRANCISCO, CaL, Jan. 25. The California supreme court today denied a petition for a write of pro hibition in the case of Miss Anita Whitney, charged with criminal syn dicalism, whereby the defense had hoped to have tho proceedings dis missed. As a result Miss Whitney, social worker and member of women's clubs, faces trial in the Alameda county court tomorrow for alleged violation of the syndicalism law enacted by the last legislature. She is said to have been an organizer for the communist labor party. TENIN0 FOUNDRY BOUGHT Pacific Reduction & Chemical Co. Plans Manufacturing Plant. CENTRALIA. Wash., Jan. 26. (Spe cial.) The Pacific Reduction & Chemical company, a new Tenlno con cern, organized to manufacture a de- ice for the treatment of asthma and other bronchial troubles, has pur- hased the St. Francis hotel and the Clarkson foundry building in Tenino, the former to be used as offices and the latter as a factory. The price paid for the hotel was $21,000 and for the foundry $14,000. The officers of the company, which is plants running in Seattle and Tacoma and which is installing "in halatoriums" in all of the larger ities, are William McArthur, presi dent: H. P. Scheel, vice-president: Dr. F. W. Wichman, treasurer, and P. C. Kibb:, secretary. All are Tenino men. STOCK SALES ALLOWED Pacific Drug Company Permitted to Sell $200,000 of Securities. SALEM, Or.. Jan. 26. (SpeciaL) H. J. Schulderman. state corpora- Tells How to Darken Gray Hair With a Home-Made Mixture. Joicey Williams, the well-known actress, who was recently playing at the Imperial Th'atre in St. Louis, made the following statement about gray hair and how to darken it: "Anyone can prepare a simple mix ture at home that will darken gray, streaked or faded hair, and make it soft and glossy. To a half-pint of water add 1 ounce of bay rum, a small box of Barbo Compound, and ounce of glycerine. These ingredients can be bought at any drug store at very little cost. Apply to the hair twice a week until the desired shade is obtained. This will make a gray-haired person look twenty years younger. It does not color the scalp. Is not sticky or trreasy and does not rub off. Adv. Foreign Office Declares Readiness to Open Xegotiations With China Regarding Retrocession. TOKIO. Jan. 20. (By the Associated Press.) The foreign office in a state ment issued today says Japan ac quired the German, rights and inter ests in Shantung by virtue of the terms of peace, but that in pursuance of its own repeated declarations and agreements Japan has instructed its minister at Pekln to make overtures to the Chinese government, as fol lows: "1. The Japanese government de sires to open negotiations regarding the retrocession of Klau Chow bay and other measures with the view of effecting "a sincere and speedy set tlement and hqpes that the Chinese government will make' "necessary preparations. "2. With regard to troops along the Shantung railway. Japan intends to withdraw them as soon as possible, even before reaching an agreement with China, unless the absence of other railway guards affects the se curity of communications and the in terests both of Japan and China, her partner, in which case the Japanese will garrison the railway until the Chinese government has organized a railway police force. Since, however, Japan desires to withdraw even be fore a Japanese-Chinese agreement has been reached. Japan hopes for the earliest organization of Chinese railway police." NAME "BAYER" ON GENUINE ASPIRIN 'Bayer Cross" on Aspirin like "Sterling" on Silver Senate "Probers Xame Counsel. WASHINGTON, Jan. 26. C. W. Miller, ex-federal district attorney at Indianapolis, was selected today as counsel for the senate committee which is to investigate alleged radi cal activities of employes of the fed eral trade commission. Hearings are expected to begin next week. "Bayer Tablets of Aspirin," marked with the safety "Bayer Cross," can be taken without rear because you are getting the true, world-famous As pirin. prescribed by physicians fo over 18 years. Always buy an unbroken package of "Bayer Tablets of Aspirin" which contains proper directions to safel relieve Colds, Headache, Toothache, Earache, Neuralgia, Lumbago, Rheu matlsm. Neuritis, Joint Pains, and Pain generally. Handy tin boxes of twelve tablets cost but a few cents. Druggists also sell larger "Bayer" packages. Asplri is the trade mark of Bayer Manufac ture -ot Monoaceticacidaster of Sail cylicacid. Adv. Phone your want ad-s to The Orego nian. Main 7070. A 6095. Discussions Are Led by Members and Visitors as to Kind of Sports for Xext Season. The North Pacific Fairs associa tion got into action at its annual meeting yesterday when it took a stand for clean amusement attrac tions at the big fairs of the north west. The session was marked by spirited talks in which many speak ers and practically all of the fair of ficials declared in favor ox improv ing the standards in 1920. . Although all the educational and agricultural angles of the fairs were discussed, interest of the first day's meeting rested with the amusement phases. This was discussed from every side by representatives of vari ous state and civic organizations and by several leading amusement men attendant at th meeting. One of the most liberal discussions was given by Rev. J. N. It. Bell of Corvallis, Or., who treated the subject "My Observations as a Fair Amuse ment Censor." N. C. Maris, secretary of the Oregon Purebred Livestock Breeders association: G. C. Finley, secretary of the Washington state fair, and Mrs. G. J. Frankel. head of the women's protective division of ' the bureau of police, also discussed the matter of fair amusements. Committees to Report on Dates. No definite decision as to dates for the circuit was made yesterday, but will be embodied in the committee re ports which will be submitted this afternoon. It was the consensus of opinion that an eight-week circuit will be arranged if possible for the benefit of the horsemen and livestock exhibitors. C. 1. Minton, manager of the Mult nomah county fair, made a plea for the standardization of entry blanks and uniform judging at all the fairs of the circuit. Practically every fair in the north west was represented at the meeting, which was marked by the appearance of the entire fair boards of the Van couver (B. C.) exhibition, the pro vincial exhibition at New Westmin ster, B. C'the southwest Washington fair and the Oregon state fair. The probable introduction of the pari-mutuels betting system at the Canadian fairs was hailed with ac claim by the horsemen as indicative of good horse racing in the United States, as the northwestern circuit will follow directly what is known as the "prairie circuit" .in Canada. Auto It a or DiNcaNned. The possibility of professionally sanctioned automobile races at the fairs of the circuit was introduced by several of the leading auto-race pro moters of the country and this matter probably will be decided today when the committee on dates and the amusement - committee will submit their reports. visiting representatives from fairs not members of the North Pacific Fairs association included L. L. Lynn, secretary of the Walla Walla agricul tural and stock fair, and Thomas Grif fith, president of the interstate fair at Spokane. The session concluded with a ban quet at the Portland hotel tendered to all fair representatives by the horsemen of Portland. Today's programme will include a further discussion of the amusement question and the setting of dates for the circuit- Dependence Fair Association Moves Site. ALBANY. Or.. Jan. 26. (Special.) The Linn County Fair association filed supplemental articles of incorporation n the county clerk's office here yes terday to provide for a board of 30 directors and change the location of the fair from Scio to Albany. The board of directors heretofore has con sisted of five members, but was in creased to include representative men from all sections of the county. Mathis Clothes You may plae dependence in the clothes we sell for several reasons They are all wool. They are correct and proper. They are well tailored, fairly priced and are guaranteed to give satisfaction. Suits $25 to Overcoats 25 to $125 $972 uvt4 $ Waterproof Raincoats $35 Koch to Unveil Monument. PARIS, Jan. 26. Marshal Foch left Paris today for Cape Blanc Nez, west of Camais, on the channel coast where he will unveil a monument to the memory of victims of the Ger man submarines. Lancaster to Speak at The Dalles. THE DALLES, Or.. Jan. 26. (Spe cial.) Samuel C. Lancaster, widely known as the father" of the Colum bla river highway, will address the directors of the chamber of commerce tomorrow night on the Armenian drive. Mrs. O. F. Lamson of Seattle. MENS WEAR Corbett Building Fifth and Morrison Vassar Underwear Wool, Silk, Silk and Wool, and Mercerized Materials all sizes and all weights $2 to $20 Short sleeves if you wish a native Armenian, ana pracwms physician, also may speak. Chamber Adds 38 7 Xamcs. MARSH FIELD, Or.. Jan. 26. (Spe cial.) Under the auspices or tne Marshfield Chamber of commerce a final house-to-house canvass was made Sunday and 387 persons were found who had not been listed. Many of these were in lodging-houses and transient hotels, while some were residents who had been absent from the cltv during January. Every home in -Marshfield was visited by the as sistant census takers and it is be lieved none has been overlooked. Indian Land Ruling Given. WASHINGTON. Jan. 26. Court ol claims decrees denying that the 1915 amendment to the Indian depredation act authorized the reinstatement ol claims dismissed because of hostility of the Indian bands were today up held by the supreme court in a case involving rtopreriatlnns committed by the Ute Indians in Utah in 1866. Hun dreds of similar claims are affected. Raisin Crop Brings $38,000,000. FRESNO. CaL. Jan. 26. Total pay ment for the 1919 raisin crop here will amount to between $38,000,000 and $40,000,000 to the growers, it was announced today. It is reported this sum is considerably in advance of any previous record. Cuticura Talcum " " FaacuMtiacly Fragrant Always Healthful Sample fr of 0tlr LbTUrt ,tWp-X Ham. ETorrwhar 2te 2000 PAIRS WOMEN'S FINE BOOTS BID AS MANY Portland Women Come and 3 to on Each Pair Save S is the January sale price. Included are Street Boots Satin Boots Walking Boots Fancy Boots Dress Boots . Soft Kid Boots "Short lines," to be sure? but in all, a grouping including every kind of a boot that women want and wear at savings extremely important. Your size is here in something you will like Laird-Schober & Co. and Geo. W. Baker's makes mostly. Out-of-town orders receive prompt and careful attention. Business hours, 9 to 6, Including Saturday Knight Shoe Co. 342 Morrison, Near Broadway HEIFETZ Makes Records Only for the VICTOR This remarkable young violinist plays at the Heilig theater Wednes day evening, January 2Sth. Hear him if you can, and get some of his wonderful VICTOR RECORDS, so that he will play for you in your own home any time on the Victrola. pi iff The Steinway Is the Piano Used at All the Heifetz Concerts Sherman .Jplay & Go Sixth and Morrison Streets PORTLAND (Opposite Postoffice) Seattle Tacoma Spokane &sa