8
MURDER TIL OF
Aunt Jemima Had to Mix
MILLER CONCLUDED
Remarkable Speed Record
Made by Prosecution.
SLAYING IS ADMITTED
Problems Before Jury Is Whether
Provocation Was Sufficient to
Justify Shooting.
In one of .the shortest murder trials
this county has known, all evidence
against Thomas Miller, who shot and
' killed Guy R. Nelson November 2
was concluded shortly after noon yes
terday and the defense rested at 4
o'clock. Final argument will be made
this morninjr and the case should be
in the hands of the jury by 10:30.
Less than a day was devoted to testi
mony m the case, preparation on
Wednesday having consisted only of
selection or the jury.
That Miller killed Nelson Is not dls
puted, the only problem before the
jury being; whether or not Miller's
provocation was sufficient. Nelson,
it is alleged, forced his way into Mil
ler's home on the nipht of November
23 to take away his sister-in-law. He
was ehot and killed as he crossed the
threshold of the front room. Miller
declared Nelson struck him in the
face and knocked him down, and that
the shot was fired when be was in fear
of his life. The only eye-witness,
Mrs. May JJaley, denied the heavy
blow, but said that Nelson slapped
Miller lightly before the trigger was
pulled.
Thomas Magnlre, deputy district at
torney, made the opening argument
for the prosecution. He was followed
by Morris Goldstein, attorney for
Miller. Deputy District Attorney
Hammersley will close this forenoon.
Selection of the Jury occupied Wednes
day afternoon, but trial began yester
day morning.
Threat lit Aliened.
Mrs. Daley, whose company Milter
desired so greatly on the night of the
hooting that he threatened to kill
her, if she endeavored to leave him,
and anyone who ehould attempt to
take her from him, according to tes
timony of the prosecution's witnesses,
had known Miller since last May and
had been living at his home, 420 first
street, as his housekeeper since June.
She had spent the night before the
claying with her sister, Mrs. Ida Nel
son, at 223 Lincoln street, but had
returned to Miller's home Sunday
morning, November 23.
The trouble began when she told
Miller she desired to return to her
sister's home that night, she testified.
"He got mad and struck me," she
eaid. "There was blood on my throat
He said, 'May Daley, you are not go
ing to leave this house. I will kill you
first!" Just then the telephone rang.
It was my sister."
Testimony concerning the telephone
conversation was not admitted Into
evidence. x
Command Refused.
"Tom then said, 'Guy Nelson is not
going to take you away if he does
come atter you.' Soon there was
rap at the back door. This was about
11 o'clock that night. 'Who's therer
asked Tom. 'Ida,' replied my sister.
Who's with you? demanded Tom.
'Never mind who's with her; -open
that door!" came Mr. Nelson's voice.
'"Open the door, Tom,' I said, but
he took me by the arm and led me
Into the front room, his gun in one
hand. Then he pointed his gun at the
door and said, 'Now let 'em come.
Anyone who comes through that door
is going to get killed.' I screamed and
said, 'Don't, Tom!" but he didn't pay
any attention to me.
"By that time Mr. Nelson was at
the front door, and he shouted, 'Let
me In or I'll bust down the doorf
Then he came inside. I don't know
whether he broke the door or not. As
coon as he saw us I was standing
r.ear Tom he said, "What are you do
ing to herr and slapped Tom. Tom
straightened back and shot Mr. Nel
son." On cross-examination by Attorney
Goldstein, Mrs. Daley admitted that
Miller had been jealous of a man
named Howard, who was a friend of
Nelson's, but said she had alwavs
thought more of Miller. She denied
that Nelson threatened to kill Miller
as he forced his way through the
door.
The testimony of Mrs. Daley was
corroborated substantially by Mrs. Ida
Nelson, her sister .a,nd wife of the
lain man, Guy R. Nelson.
MUler la Small Mi.
Miner is a small man, scarcely more
than five feet tall. Nelson was six
feet and weighed about 160 pounds,
eaid his widow.
Though at an apparent high tension
during her testimony, Mrs. Nelson did
not break down until she had left the
-witness stand. Then she burst lnto
an uncontrollable fit of sobbing, in
which her mother-in-law joined.
Self-Dcfrnse Anaerted.
"I was afraid he would kill me. He
aid he was going to," was the de
fense offered by Miller on the witness
stand.
Miller declared that he had had sev
eral altercations with Nelson about
various things and was "afraid of his
life" every time he eaw Nelson. The
witness asserted that he was trying
to protect Mrs. Daley as well as himself.
LAZY BOYS AND GM
Dorft scold them -the
chances are they are undei
notirished.They have pleniy
to eathut not enough real
food-the land that huilds
bone, tissue and braiti
SlireddedmeatBiscuit
is all food It is lOOper cent
vihoh wheatnothingTvasted
or thrown away. It is a food
that gives strength and
health to youngsters and
grown-ups. Ahoonto mothers
Because 3o easy to serve.
Twd of these little loaves
of hakedwheat-withhotmilk
make a nourishing meal
ONE MORE SUIT BEGUN
COMPLAINT IS EQtlTY FILED
IX PITTOCK WILL CASE.
' ..
Mrs. Leadbetter Starts Action
Against Executor and Trustee,
Her Brother and 3 Sisters.
Greek Bootblack Amassei
American Fortune.
Horde of Dollar Earned la Shin
ing Shoes Knablea Louis Polalin
of Eugene to Return to Native
Land.
EUGENE. Or.. Feb. 6. (Special.)
Louis Polalls, a young Greek
bootblack of this city, left yesterday
lor his native land.
He accumulated a fortune of $10,
000 during his residence of a dozen
years In the United States, most of
which time was spent in Eugene shin
ing shoes. He was first employed on
a railroad section gang but the dol
lars piled up too slowly for him and
he entered the shining business here.
He has sold out .to his brother and
another fellow-countryman.
, Doty Boy Scouts Increase.
CENTftALIA. "Wash., Feb. 5. (Spe
elaJL) The Boy Scouts, recently or
ganized In Doty, have grown to three
patrols. Clifton McKenzie, a veteran
of tho world war, has been appointed
assistant scoutmaster of the troop. An
entertainment will be staged in Doty
shortly under the joint auspices of
tho scouts and campflre girls.
Snow ITnnsually Deep.
BOISE. Idaho, Feb. 5. rSpecial.)
Snow measurements taken in De
cember by forest rangers of this state
chow more snow on the ground this
winter than at the same time a year
a?o. This is considered an excellent
ign, for last year there was a serious
shortage of water for Irrigation.
A new attack on the trust created
by the Henry L. Pittock will was
launched in the circuit court yester
day afternoon by Mrs. Caroline P.
Leadbetter, taking the form of a com'
plaint in equity which holds certain
provisions made by the late Mr. .Pit
tock to be contrary to public policy
and void in the eyes Of the law. It
is explained that the new angle of as
sault is attempted, while a petition
Is pending adjudication In the probate
court seeking to set aside the trusts,
to prevent the running of the statute
of limitation. No allegations of undue
influence or other matters requiring
material proof are made in the new
complaint, as In the will contest, the
basis of contention being legal points.
The action is brought by Mrs. Lead
better against O. L. Price as executor
and trustee, C. A. Morden as trustee,
and the four other children of Mr.
Pittock, Fred F. Pittock, Susan Em
ery, Kate Lockwood Hebard apd
Louise Gantenbein. The plaintiff as
serts that she is heir and beneficial
owner of an undivided one-fifth in
terest in all the property In the
$8,000,000 estate.
The plaintiff contends that the at
tempt of the will to convey the prop
erty in trust for 20 years, to give un
restricted and unlimited discretion to
the trustees either to accumulate the
income and keep the estate intact or
to sell the assets and distribute them
is illegal because of alleged failure
of the will to specify or designate the
beneflciari.es.
Mrs. Leadbetter further holds that
by providing for the trustees to vote
in favor of themselves as directors of
The Oregonian Publishing company
for 20 years, vesting the beneficial
interest in the shares of stock in the
heirs at law and next of kin and the
voting power over said Shares Irre
vocably for 20 years in the trustees,
the will becomes invalidated.
Though It attempts to give an ir
revocable power of attorney and
proxy to the trustees to vote' the
shares for 20 years, it is contended
that the voting trust was not for the
purpose of carrying out any specific
or certain plan for the conduct and
management of the affairs of the
corporation. Further, that the bene
ficial bwners are deprived for 20 years
of all power to direct the trustees,
from exercising any judgment or
rights In respect to the management
of the corporation; that the provision
hampers and interferes with the- free
exercise of the duties of officers and
stockholders, and attempts to restrict
the right fdr 20 years to vote the
shares of stock regardless of the in
terests of the corporation, of the mi
nority stockholders or the beneficial
owners. This is held to be against
public policy and the laws of Oregon,
- The final contention is that it Mr.
Pittock had realized the alleged ille
gality of such provisions he would
not have executed the will. The com
plaint seeks to have the trust set
aside and the will declared void. It
is filed by Attorneys Cake & Cake of
Portland, McAdoo, Cotton & Franklin
of New York.
han, secretary; J. W. Siemens Jr.,
treasurer; Jerry McCartie, L C. Mc
Call, Dennis O'Connor, D. B. Murphy
and Dan Driscoll, directors.
. Wool Growers Elect.
KLAMATH FALLS, Or.. Feb. 6.
(Special.) The Klamath County Wool
Growers' association has elected the
following officers for the ensuing
year: E. M. Hammond, president; M.
P. Barry, vice-president; J. H. Carna-
s w
1 "Vt'Maaa
tire
GRAtlM TRADE GETS CARS
B. H. Aishton Orders Preference
From February 8 to 18.
SALEM, Or., Feb. 4. (Specials
Preference in supplying box cars over
other classes of carriers for bulk
handling of grain has been granted
from February g to February 18, in
clusive, according to a telegram re
ceived at the offices of the Oregon
public service commission today from
R. H. Aishton, .regional director of
railroads, with, headquarters In Chi
cago: The telegram reads:
"Because of the imperative neces
sity of greater, movement of bulk
grain the jgrrain-loading railroads
serving the states of Illinois. Minneso
ta, Montana, Missouri, North Dakota,
South Dakota, Nebraska, Oklahoma,
Colorado, Wisconsin, Kansas, Arkan
sas and Texas will give preference
and priority in the furnishing .of box
cars for bulk grain loading from Feb
ruary 8 to 18, inclusive. Next in line
for moving are print paper, wood
pulp, and sugar. This means that to
the extent necessary to fill require
ments, all available box car equip
ment suitable for the use of handling
these commodities will be confined to
this class of traffic. All officers,
agents, traffic representatives and
other interested employes have been
instructed as to the details of this
order and asked to Secure the full
co-operation of grain dealers, farm
ers; commercial organizations and
others in order to secure the best
results."
GEMS STOLEN FROM MAIL
Pearls Worth $36,000 Lost Be
tween Paris and Madrid.
PARIS, Feb. 5. (Special cable.)
Pearls worth, more than 180.000 francs
($36,000 normally) have disappeared
mysteriously In the mails between
Madrid and Paris, the Matin asserts.
They were sent by registered mail to
M. de Vries, a jeweler In the Rue
Provence.
When the,box,was opened it was
fpund that one of the four packages
it contained had been opened and
pearl necklaces taken from it, and the
box carefully wrapped up and sealed
again.
More Pavement AVantetl.
CENTRALIA, Wash., Feb. 5. (Spe
cial.) Petitions are being circulated
asking for the paying of West Second
street from Lower avenue to J street
and will be presented to the city com
mission when the required number of
signatures of property owners are
secured. It is not thought probable
the work will be done this year.
Salvation Arttly Board Created.
EUGENE, Or., Feb. 5. (Special.)
A Salvation Army advisory board has
been created in Eugene to investigate
Everything
Herself!
y6jF-her famous recipe comes ready mixedl
, Novel ways
to serve pancakes
' Easily-made, delicious recipes
for luncheon or dinner
Don't stop at serving pancakes
simply with syrup, for breakfast!
Try these delightful new variations
recipes so unusual, so "French"
that they will make your luncheons
famous, and your Sunday night
supper-table the haunt of all your
friends. They look and taste as
though a chef had spent hours
concocting them and yet they are
exceedingly easy to make.
Pancakes with sausage a la Reine
RoH well-seasoned sausage meat on a floured
board until thin as pie crust. Cut into rounds
slightly larger than pancakes end fry in
little bacon drippings until nicely browned.
Put a slice of sausage between two freshly baked
Aunt Jemima Pancakes, and serve with sausagt
gravy made by pouring one-half cupful thin
cream in, pan in which sausage was cooked and
stirring until cream and meat gravy art well
blended. Serve hot
Apple Pancake Trifle
tFipe end core cooking apples, slice in thin
slices, crosswise, and sprinkle with sugar and
a Utile nutmeg. Put one spoonful 'Aunt jemima
Pancake batter on griddle, a slice of apple in
center of that and cover with another spoonful
baiter. Cook a little longer than for plain pan
takes. Sent with apple jelly
Pancakes Metropolitan with
raisin sauce
Wash one-half cupful seedless Msins, soak
over night in two eupfuts water. Add a grating
of ' lemon peel and cook ten minutes, Drain
and add to pancake mixture made from two
cupfuls Aunt Jemima Pancake Flour and two
cup ids water. Bake in usual manner, and
serve with raisin syrup, made by adding
cupful sugar and one level teaspoonful corn
starch to water in which raisins Were 'cooked
and boiling five minutes
What a contrast between the old method of hand
mixing pancake batter and the present Aunt Jemima
way 1 The ingredients were simple enough, but there
were so many of them and so much mixing; and
measuring to do.
Nowadays how easy it is! There's no fuss and
bother at afi Aunt Jemima Pancake Flour has changed
all that. A little of the flour a little water a mo
ment's mixing and1 your golden-brown pancakes are
done almost as soon as you start I The flour is 60 rich,
it needs no eggs, the milk is already in it.
And since it is mixed exactly according to Aunt
Jemima's recipe your pancakes have that same rich
flavor which won fame for Aunt Jemima all over the
South.
A delicious buckwheat
rake flour is also made
by the Aunt Jemima
people. Ask for it.
too on tho toft of th ewrfc.
mm to m haw to pi t tha
jolly Aunt Jvmuno Hag Doll
famuf
TV it tnr muffin
and wqtfles, too
Aunt jemima Pancakes with
syrup or sausage gravy!
Nary a speck of precious
sugar! What an easy and
delicious solution of the
SUgar-saving problem!
Mi
"X'm In town, oiMyf
and report on ' local conditions In
which the organization can be of aid.
K. Pratt is chairman. Other mem
bers are: Li. L. Goodrich, Marion
Veatch. Marion Wilkins, J. B. Coe,
George H. McMorran, E. O. Immel, E.
Potter. H. I. Bown, Frank Jenkins,
C. A. Burden, W. F. Gilstrap and Dr.
P. J. Bartle.
"FLU" TAKES THREE LIVES
Most of Cases Reported, However,
Are Only Mild.
Three deaths from influenza were
reported yesterday to the city health
bureau, although only one occurred in
the city yesterda. Tiie other two
were several days ago. All of the
cases reported with one exception
SOME GOOD GROCERIES
SPECIALS FOR WEEK-END
SPINACH
AT A LOW
PRICE
TOMATOES
AT A. LOW
PRICE
Tomatoes, P y 1 e s '
Clearorook brand,
2a. 2 doz. in
case, per case
12.75: doz.. (1.40:
2 for 25c
' Spinach, Del Monte
2s, 2 do2. in case,
per case, $3.25;
doz.. $1.65: ea.15c
Loganberry Juice, 8 oz. bottle 25c: 12
oz. bottle Sic; 24 o., 65c; 64 oz.
bottle
Table Salt. 2 lb. bags. 6 bags for. .25e
Talcum Towder, Jergen's large
cans. 2 for 5c
TREE TEA AND COFFEE
H. J. B. Coffee, 1 lb. cam. 55c; 3 lb.
. cans $1.65; 5 lb. cans $J.M
M J. B. Tree Tea. Japan, . lb.
pkgs., 20c; Japan, 1 lb. pkgs...40e
Cevlon, lb. pkgs., 20 ; Ceylon Tea,
2 for e
1 lb. pkg. 4
Pop Corn, per lb ..13c
DRIED J-RtIT AND RAISINS
Dried peaches, per lb.... 2fl
California Currants, per lb 30c
BUTTER AND EGGS
Gold Seal Brand Fancy Cream
ery Butter, 2 lbs $1.32
Eggs. Oregon Select Fresh
Ranch, per doz 55c
TABT.E NEW ORLEANS
MOLASSES (Bring our jug
Table New Orleans, new crop. In
bulk. 1 gal., $2.50; gal.,
$1.25: U gal 70c
Cluster Raisins. Is cartons..., 25c
Cluster Raisins, 59 cartons $1.50
Cluster Raisins, 2s cartons 50c
Malt Vinegar, Crosse & Biackwell,
Quarts 60o
SUGAR
Full and complete line of Sugar now
on hand.
COFFEE
We will Seliver free of charge to'
your nearest shipping point by par
cel post: .
JUNO COFFEE at only 47o per' lb.
and ROSE OF CEYLON TEA at only
50c lb. With the guarantee that if
either of these are not satisfactory,
we will refund the full amount of the
purchase price.
D. C. BURNS COMPANY
208-210 Third Street, Between. Taylor and Salmon
c i -...it I., ttri4 fnr Mnnthl Mr f ist Uuilw - ' V
Portland" Association Wholesalers to Private Families.
Motels and Restaurants Phone Main 616, 616-26.
were light. In Grant county 50 new
cases of the disease developed.
Ninety cases were reported to the
city health bureau yesterday with 52
releases. The total number of cases
now in Portland is 676. Unlike the
disease which prevailed a year ago,
victims of influenza this year are re
covering within threeand four days.
Club to Elect Trustees.
CHEHALIS. Wash.,
cial.) The Chehalis
Feb. .15. (Spe
Citizens" club
plans a big smoker for the evening
of February 23, when candidates will
be chosen for the five vacancies In
the board of trustees caused by the
expiration of the terms of A. C. St.
John. (J. O. umgricn, u. lMiinsion,
A Rfichaud and F. M. Power. Mr.
Gingrich has) announced that he will
not again be a candidate.
Idaho Road Bonds Sold.
BOlSE, Idaho. Feb. 5. (Special.)
State Treasurer Eaglesori has sold to
Carstens & Earles of Seattle the $308.-
000 issue of state highway notes
board of examiners to finance tho
state highway work this year. The
recently authorised hy the slate Issue went at par for 5 per rent
TPff- If'l
ft
lg
Keeping Qualities
Our bread will keep longer than
other makes because of the excel
lence of the ingredients and the
scientific handling of every process
from the testing and measuring of
each element to the, careful wrap
ping of the finished loaf. -
H is piirt, wholesome and clean.
The Wrappers are good for Tot- ta the
National Promotion C.'. $12,000. Prize
Contest. Small wrappers. 110 votes; lance
wrappers. 160 vote.
Bakers of Ftolsum and American-Maid Bread
The P53! !
Automatic Keeps On Washing
While the busy housewife prepares the
dinner or perforins other necessary household
taks, the Automatic Electric AVasher hums
right along, washing every article of apparel
spotlessly clean. 1
Once the clothes are put in the suds and the
washer lid's clamped down, the Automatic needs no
further attention.
In seven minutes the Automatic washes a tubful
without rubbing and without injury.
The Automatic is the most simple, drpomhihle
and economically priced wanner made. Has tlir- few
est possible number of operating parts; nothing to
break; nolhinp to Rrt out of order.
Your dealer will gladly demonstrate it.
Fobes Supply Co.
Distributors Portland, Oregon