Morning Oregonian. (Portland, Or.) 1861-1937, February 14, 1920, Image 1

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    VOL. LIX. XO. 18,478
Entered kt Portland (Orejron)
Postoffic as pPCfnd-Ctas Matter.
PORTLAND OREGON, SATURDAY, FEBRUARY 14, 1920
PRICE FIVE CENTS
POLK WILL BE MADE
"TOO ILL"
LANSING IS NINTH
DATE FOR HEARING
IS PUT UP TO MYERS
SENATE POSTAL COMMITTEE
CLEVER MOONSHINING
mm denies
ACTING SECRETARY
TO LEAVE CABINET
PLOT LAID TO TWINS
NATURAL RESEMBLANCE USED
S PUBLIC VERDICT
T
UADKK-SKCRETARY "OT LIKE
LY TO SUCCEED LANSING.
EIGHT ORIGINAL MEMBERS
QUIT; OXE TRANSFERRED.
READY TO TAKE CASE.
TO EVADE LAW IS CHARGE.
LANSING QUITS
AFTER REBUKE
ID
LI0U0H0NLII.ERS
RUSH ON
V
President's Power Was
Usurped! Says Wilson.
T
Verbal Duel Over Government
Without Head Causes
Secretary to Resign.
VEXING PROBLEMS RECALLED
Secretary Explains Need of
Gatherings While Chief
Could Not Direct.
WASHINGTON, Feb. 13. Robert
Lansing ended his career as secre
tary of state today after President I
Wilson had accused him of usurping
the powers of president by calling
meetings of the cabinet during the
president's illness.
Sir. Lansing denied that he had
sought or intended to usurp the
presidential authority. He added,
however, that he believed then and
still believed that the cabinet' con
ferences were "for the best interests
of the republic," that they were
"proper and necessary" because of
the president's condition and that
he would have been derelict in his
duty if he had failed to act as he did.
Resignation Is Accepted.
As the record stands, Mr. Lansing
tendered his resignation and Mr.
Wilson accepted it. The resigna
tion was offered, however, only after
the president, under date of Feb
ruary 7, had written asking if it
were true Mr. Lansing had called
cabinet meetings and stating that if
such were the case he felt it neces
sary to say that "under our consti
tutional law and practice, as devel
oped hitherto, no one but the presi
dent has the right to summon the
heads of the executive departments
into conference."
Mr. Lansing answered two days
later last Monday saying he had
called the cabinet conferences be
cause he and others of the presi
dent's official family "felt that, in
view of the fact that we were denied
communication with you, it was wise
for ns to confer informally together
on . . . matters as to which ac
tion could not be postponed until
.your medical advisers permitted you
to pass upon them."
Secretary Offers to Retire.
The secretary concluded by saying
that if the president believed he had
failed in his "loyalty" to him and
if Mr. Wilson no longer had confi
dence in him, he was ready to "re
lieve you of any embarrassment by
placing my resignation in your
hands."
The president replied last Wednes
day that he was "much disappointed"
by Mr. Lansing's letter regarding
"the so-called cabinet meetings." He
said he found nothing in the secre
tary's letter "which justifies your
assumption of presidential authority
in such a matter" and added that he
"must frankly take advantage of
your kind suggestion" to resign.
"I must say," continued the presi
dent, "that it would relieve me of
embarrassment, Mr. Secretary, the
embarrassment of feeling your re
luctance and divergence of judgment,
if you would give up your present
office and afford me an opportunity
to select someone else whose mind
would more willingly go along with
mine."
Cabinet Meetings Called Off.
Before this letter was written, the
day for the regular cabinet meeting
last Tuesday had passed and the
correspondence discloses why the
cabinet did not meet. On the same
day that he received this letter from
the president, Mr. Lansing announced
that he had written other cabinet
officers thai he would not call any
more cabinet conferences for the
. present, Jul no explanation was of
fered. Inquiry at the White House
brought only the statement that Mr.
Wilson himself probably would call
and preside at the next session of
his official advisers.
But the differences between the
I
j Appointment of Jew Cabinet Mem
ber Expected; Candidates
Not Predicted.
"WASHINGTON, Feb. 13. Frank L
Polk, under-secretary of state, will be
made secretary ad interim tomorrow
to act until President Wilson appoints
a successor to Robert Lansing-. This
is expected to be in the very near fu
ture.
Several names were suggested to-
i night in administration circles but of
ficials frankly admitted that they had
no definite information as to who the
president had In mind for the place,
Chief among those suggested was
Mr. Polk, but- his friends say that he
will not accept the appointment if of
fered him because of the state of his
health. In fact, he has long had it
in mind to resign from the state de
partment and take a long rest, a
course which his physicians have ur
gently advised.
Mr. Polk entered the state depart
ment as counsellor on September 16,
1915, succeeding to the post Mr. Lan
sing held before becoming secretary.
He was made under-secretary of state
on June 23, 1919, under the legislation
passed by the last congress creating
the office. He served as acting sec
retary of state throughout the time
Mr. Lansing was at the peace confer
ence in Paris. Before entering the I
state department Mr. Polk was cor
poration counsel of New Tork City
and also was a member of the civil
service commission there.
'DISTORTED NEWS' RAPPED
Farmer-Labor Congress Hears Pica
for Co-operative Press.
CHICAGO, Feb. IS. Speakers at tire
farmer-labor co-operative congress
today recommended the organization
of co-operative daily newspapers and
denounced the press of the country as
"prostituted and debased to the in
terests of capitalists."
"We can make no progress in co
operative enterprises until we get rid
of the newspaper ssytem we now
have," Walter M. Liggett, commission
er of immigration in North Dakota,
said. "Thirty million people read the
newspapers daily and their minds are
poisoned by distorted news."
To prove that co-operative news
paper enterprises could be successful,
he told of S3 weekly and two daily
newspapers operated by the non-par
tisan league in North Dakota,
ISLANDS KEEP HARRISON
Governor-General Says He Will Not
Return to Slates.
MANILA, P. I., Feb. 13. (By the
Associated Press.) Governor-General
Francis Burton Harrison announced
here today that he had abandoned
previously announced plans to return
to the United States, and has decided
to remain in the Philippines as long
as President Wilson remains in office.
In his opening message to the extra
session of the territorial legislature,
the governor asked for consideration
of a proposed amendment to the in
come tax law designed to provide
greater revenues. He also renewed
previous recommendations that the
legislature record itself in favor of
woman suffrage and prohibition in
the territory.
SMOKERS POOR STUDENTS
Survey Completed at Walla Walla
Shows Up Tobacco Users.
WALLA WALLA, Wash.. Feb. 13.
(Special.) Non-smokers in the Walla
Walla high school made better grades
than the smokers, according to the
report Just completed by Principal H.
W. Jones. The non-smokers averaged
83.3 per cent and the smokers 72.8
per cent.
Principal Jones has announced that
any student caught smoking on the
school grounds or In the streets adja
cent to the grounds will be sus
pended. The high school has adopted the
student self-government plan for the
study halls as an experiment, and if
the plan is successful it will be made
permanent.
NEWS WRITERS SAVE FIVE
Patients in Burning Hospital In
Montesano Are Rescued.
MONTESAN'O, Wash., Feb. 13. Vis
iting newspapermen here attending
the trial ot alleged I. W. W. charged
with the murder of Warren O. Grimm,
carried patients to safety from Dr. J.
Fiti's hospital tonight, when fire,
starting in the kitchen in a hotel ad
joining, spread to the hospital and
for a time threatened other struc
tures. Only .f ive patients were In the
hospital at the time .the fire was dis
covered, and they were . oarried out
before the blaze penetrated the hos
pital walls.
The hotel is a total loss and other
buildings were damaged. The loss
was placed at not to exceed $25,000.
SENATE GETS WARNING
Training Bill Cannot Be Side
tracked, Chamberlain Asserts.
WASHINGTON, Feb. 13. Universal
military training cannot be "side
tracked" in congress. Senator Cham
berlain, democrat, Oregon, formei
chairman of the senate military com
mittee, warned the senate today.
The house democrats were chargd
by Senator Chamberlain with "taking
to the woods" on the training issue
he expressed hope that any move
l.i that direction by republican leaders
Charge Against Secretary
Is Declared Childish.
LANSING'S MOTIVES UPHELD
Cabinet Sessions Solve Prob
lem of Leaderless Nation.
MORE RESIGNATIONS LOOM
Palmer Understood to Have Urged
Meetings for Consideration
of Ponderous Issues.
OREGONIAN NEWS "BUREAU,
Washington, Feb. 13 It is perhaps
well not to repeat the first comment
in Washington that followed the sen
sational announcement tonight of the
break between President Wilson and
Secretary of State Lansing.
"Although there had been rumors for
months that Secretary Lansing in
tended resigning, it certainly was
never expected that his retirement
would come with such startling dis
closures as that which accompanied
the announcement.
Every remark as the news reached
public officials was sympathetic with
Secretary Lansing, and upheld his
judgment on the issue of the Informal
cabinet meetings, given by Mr. Wilson
as the excuse for forcing the resig
nation.' Problems Met by LanainK.
Attention was called to the many
and perplexing questions with which
Secretary Lansing and the cabinet
had to grapple with while Mr. Wilson
was confined to a sick chamber too
ill to be seen. -At one time or an
other during the president's illness,
almost every member of the cabinet
had some great problem to handle and
needed advice, but apparently, Mr.
Wilson's wrath fell on Mr. Lansing
because the secretary of state - was
the ranking member of the official
family and consequently presided at
such meetings. " ' '
Among other great questions was
the one pressing upon the government
from both houses of congress as to
the physical condition of President
Wilson, with rumors flying, as may be
frankly stated now that .the head of
the government was suffering from
a mental breakdown.
Sessions Considered Necessary.
Mr. Lansing could not see the presi
dent. He had only the vague wora oi.
the president's physiciains as to his
condition, and the country as well as
congress demanded to know some
thing more definite. It seemed neces
sary for the cabinet to consider what
to do in such a crisis.
Then, there was the Mexican ques
tion again reaching the point where
this government had to do something
to stay the murderous hand, this time
of Carranza bandits. Again the secre
tary of state could not see the presi
dents Was the government because the
president was ill, to cease functioning
entirely and permit a band of out
laws which had kidnaped an official
representative of this country to go
(Concluded on Page 3, Column 3.)
' jj j
, :
James Clark McReynoIds First to
Resign Only Three Con
tinue in Office.
WASHINGTON, Feb. 13.--(Special.)
With the retirement of Secretary
Lansing nine members of President
Wilson's cabinet have resigned and
one has been transferred. The original
cabinet was composed of William J.
Bryan, secretary of state; William
Gibbs McAdoo, secretary of the treas
ury; Lindiey Miller Garrison, secre
tary of war; Josephus Daniels, secre
tary of the navy; James Clark Mc
ReynoIds, attorney-general; A, S.
Burleson, postmaster-general; "Frank
lin K. Lane, secretary of the interior
David Franklin Houston, secretary of
agriculture; William Cox Redfield,
secretary of commerce, and William
Bauchop Wilson, secretary of labor.
Of these Secretary Daniels, Secretary
Wilson and Postmaster-General Burle
son remain at' their posts. Secretary
Houston was transferred to Ihe treas
ury to succeed Carter Glass, who suc
ceeded Mr. McAdoo.
The first of the president's cabinet
to resign was Mr. McReynoIds, who
quit in August, 1914, to accept the
position of associate justice of the
United States supreme court. He was
succeeded by Thomas Watt Gregory.
Air. Bryan quit June 9, 1915, because
he was not in harmony with the
president's war policy in dealing with
Germany. He was succeeded by Robert
Lansing.
Secretary Garrison resigned Feb
ruary 10, 1916, because he was out of
harmony with the president on the
military legislative programme. He
was succeeded by. Newton D. Baker.
Secretary McAdoo resigned late in
1918, to recuperate his finances. . He
was succeeded by Carter Glass.
Attorney-General Gregory resigned
in March, 1919', to resume private
law practice. He was succeeded by
A. Mitchell Palmer.
Secretary Redfield resigned last
year to resume business. He was suc
ceeded by Joshua W. Alexander.
Secretary Glass resigned early this
year to enter the senate. He was
succeeded by Secretary Houston.
Secretary Houston quit to go to the
treasury department He was suc
ceeded by E. T. Meredith.
Secretary Lane has resigned to take
effect March 1. He will be succeeded
by John Barton Payne.
Secretary Lansing resigned today.
His successor has not been named.
LITERARY "FIND" MADE
Hugh Walpole Discovers Letters of
Sir Walter Scott In San Francisco.
SAN FRANCISCO, Feb. 13. Hugh
Walpole, English author, announced
todajr he had discovered In a San
Francisco bookshop 150 original pages
of Sir Walter Scott's letters and
memoranda written to John Gibson,
hla attorney.
Walpole stated he had been search
ing for the literary "find" for many
years. He is said to have paid sev
eral thousand dollars for the letters.
SWEDEN SUPPLIES PAPER
Steamer Brings 8000 Rolls News
Print to Relieve Shortage.
NEW TORK, Feb. 13. A Swedish
etna mat. in arrived hrA tftrtnv Jwnn
Gothenburg, Sweden, with 3000 rolls
of news print paper.
NEW HAVEN. Conn.r Feb. 13. Aft
ernoon newspapers here which tem
porarily suspended publication yes
terday went to press as usual this
afternoon.
WAITING TO SEE HOW SHE
Chairman Declares Power oC Post-master-General
Is Not to
Be Questioned.
OREGONIAN NEWS BUREAU,
Washington, Feb. 13. It is up to
Frank' S. Myers, ex-postmaster of
Portland, to suggest when he would
like to be heard before the senate
posioffice, committee relative to his
removal. Senator Townsend, of Mich
igan, the chairman, said today. Such
a hearing cannot have any bearing
one way or another on the action of
the postmaster-general in removing
Myers, the chairman said, as the right
to remove cannot be ' disputed. In
other words, there is no authority in
law for such a hearing, but it will be
granted if Myers insists, the two Ore
gon senators having asked that he be
heard.
Myers' insistence that he should be
heard is predicated on the assumption
that his removal is not legal because
he was not removed by the president
by and with the consent of the sen
ate." It is pointed out here that the
order of the postoffice department
removing Myers was the act of the
president, because the department
could not have acted without his
sanction.
Senator Chamberlain said today
that there are abundant precedents in
decisions of the highest court sup
porting the president's right to re
move an appointive official summarily
at any time he wishes without giving
any reasons. ,
A previous statement that H. G.
Starkweather, democratic state shair
man of Oregon, had written Senator
Townsend was erroneous. Mr. Stark
weather's efforts in behalf of Myers
were telegrams addressed to other in
fluential officials in Washington.
That he will leave immediately for
Washington, D. C, to appear before
the United States senate committee
on postal affairs, In case he receives
an invitation from Chairman Town
send, and that he will not only defend
himself in the most vigorous fashion
against any possible charges that may
appear from any quarter, "will Insti
tute libel suits against any and all
persons who may have made false
statements" against him. was the em
phatic declaration of Frank S. Myers,
deposed postmaster of Portland, last
night.
Mr. Myjers was asked whether he
had received official notification that
lie was to, have a hearing before the
committee and replied that he had
not,' but that, he thought perhaps he
might some time next week.
"If I receive an official invitation
to go to Washington and appear be
fore the committee, I will leave im
mediately," said Mr. Myers. "I cer
tainly want a hearing at the earliest
possible moment, and if granted one
will be on hand, ready to answer any
possible charge and to refute any pos
sible slander that may have been file4
against me.
. "Thus far I have been unable to lo
cate any charges 6f whatsover nature,
and it now appears to me that it is
simply a political frame-up nothing
more nor less. It seems, also, that it
is obvious as to who is back of all
this. Should I find that anyone has
filed false statements against me, I
shall immediately institute libel suits
against them and will prosecute them
to the llmlt-'
Mr. Myers still insists that the law
is clear that he cannot be summarily
removed by the president without the
sanction of the senate, and reiterates
that he is entitled under the law to
a hearing.
WILL LIKE HER VALENTINE.
Senator Jones Attacks
Payne's Excuse.
ONE SHIP NOT FAIR TEST
Proposed Sale of Captured
German Vessels Defended.
FULL DETAILS DESIRED
Confirmation of Appointment of
New Secretary of Interior Likely
to Be Held Up for Some Time.
OREGONIAN NEWS BUREAU,
Washington, Feb. 13. The appear
ance of John Barton Payne, chairman
of the shipping board, before the sen
ate commerce committee this after
noon to explain the proposed sale of
the 30 captured German ships, seems
to be the forerunner of a searching
investigation of all of the board's
operations. Incidentally the imme
diate outcome may be the holding u
of the confirmation of Judge Payne
nomination as secretary of the in
terior, to which he was appointed yes
terday, and likewise delay in the con
firmation of Louis Titus named last
week to one of the shipping board
vacancies.
Chairman Payne made a good wit
ness today in defense of the board
action in handling the sale of the
ships, but Senator Jones promptly
challenged the premises of his report
to the president that the shipping
board could not operate the shipi
successfully because of federal inhlbl
tlon against handling liquor.
Jones Defends Dry Liners.
Chairman Payne repeated his state
ment that the Moccasin, the first ship
ping board vessel to sail in the South
American service, sold all of Its pas
senger space promptly, but that more
than half of the bookings were can
celed when announcement was made
that there would be no liquor aboard.
He admitted that his report of th
certain failure of ships so operated
was based on that one experience
Senator Jones brought out the fact
that the notice that there was to be
no liquor aboard was made such
short time before the ship sailed that
it was not a fair test as to whethe
others would have engaged the can
celed space had they been given the
opportunity, and then said:
"Jj want to say right here for the
recora mat mere are more people in
the United States who want to travel
on ships that do not sell liquor than
those who demand it."
Prohibitionists Eiprna Approval.
Then came the turn of the prohl
bitionists at' the hearing to express
their hearty approval, and they did.
while those whose faces lighted at
the earlier statement of Chairman
Payne wiped away their smiles.
"The next sailing will be In March.'
Chairman Payne continued, where
upon Senator Jones again commented
"And I predict that the space will
be sold to the limit"
This closed the prohibition discus-
(Concluded on Page 2, Column 3.)
House Rented by One and Still Run
by Other to Prove Alibis,
Assert Officers.
What federal authorities assert was
one of the most ingenious moonshin
ing plots ever devised was revealed
yesterday in the arrest of Kd Dustcr-
hoft. who is held under $1000 bonds on
a federal charge of operating a still.
Ed Dusterhoft and L. A. Dustcrhoft
are twin brothers. They look so much
alike that even their most Intimate
friends can scarcely tell them apart
According to revenue officers the
plan of the Dusterhoft brothers was
this: .
L. A. Dusterhoft, it is alleged, would
locate a house, pay tho rent for a
month or two and then set up a still
for the manufacture of moonshine
w:.lsky. But before the still was put
into operation he would leave the
city. The twin brother, Ed, it is al
leged, remained behind to operate the
still.
In case revenue officers located the
still and started to investigate they
learned that the house was rented by
L. A. Dusterhoft, but when they ar
rested him for moonshlning he was
always able to prove an alibi by
showing that he was in another city
or another state at the time any
moonshine might have been manu
factured. According to Assistant United States
Attorney Flegel, L. A. Dusterhoft Is
now under arrest In Seattle on a
moonshlning charge.
Ed Dusterhoft was arrested yestcr
day at 1107 Milwaukie avenue, vhere
a still is said to have been in opera
tion.
SHIP ON FIRE; ASKS AID
Wireless Call for Help Sent by
Steamer William Henry Webb.
NEW YORK, Feb. 13. A wireless
message from the United States ship
ping board steamer William Henry
Webb received here tonight stated
that the steamer was on. fire and in
need of immediate assistance.
The' steamer reported early today
that she was In trouble off Tucker's
Beach, N. J., with a broken engine
and boiler trouble.
A wireless message front the stea
ship Panaman shortly before 11:30
P. M. said she was "standing by"
the Webb and would take her in tow
tomorrow morning. The Panaman
said she did not believe coast guard
assistance was needed.
The William Henry Webb, a
freighter, with a deadweight tonnage
of 9000, left Philadelphia yesterduy
for New Tork, on her initial voyage
and was coming here, to take on a
cargo for China. Captain Bellock was
in charge with a crew of 40 men.
MAETERLINCK IS 'THIRSTY'
Dramatist Finds U. S. Too Dry for
His Soul's Necessity.
CHICAGO. Feb. 13. M. Maurice
Maeterlinck and his bride arrived in
Chicago this morning aboard the pri
vate car Mayflower, usually reserved
for traveling presidents. He found a
series of functions planned for Ills
reception.
'Functions, sighed the dramatist.
when the newspaper men arrived to
lnterviow him. "What is a function
speech and a pitcher of water?
Some day when America Is not so
naive It will realize that wine Is nec
essary for the soul."
NDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S Maximum temperature.
55 degrees: minimum, 1 degrees.
TODAY'S Fair; easterly winds.
National.
Frank L. Folic appointed secretary ot stats
ad Interim. Page 1.
Secretary Lansing resigns when rebuked
for calling cabinet meetings wunoui
president's sanction. Page 1. -
Hitchcock renews overtures on article 10
and submits two mouuiea ararts.
Page 6.
Liquor on liners not necessary, says Sen
ator Jones. Page l.
'Too 111" Is reason advanced for Wilsons
childish charge against Lansing. Page 1.
Lansing Is ninth member to leave Wilson
cabinet. Page l.
Hallway wage conference fails; strike or
der for Tuesday is unaltered. Page 3.
Sale of former German liners Is opposed.
Page 8.
National suffrage session decides to de
mand that tardy states rainy soon.
Page 2.
Iomestlr.
Date for hearing by senate committee is
put up to Postmaster Myers. Page j.
Parifio Northwest.
Exploding engine Injures four trainmen.
Page 5.
Morgan denies legion men rushed I. W.
W. hall berore snots were urea, page i.
Snorts.
Joe Benjamin arrives for bout here on
March 3. Page is.
Seattle buys Al Demaree, pitcher, from
Boston. Page is.
Gentlemen's agreement to rule between
major and minor Dascoau leagues.
Page IB.
Maroon F basketers beat Hill unitary
academy. Page i.
Commercial and Marine.
Livestock In northwest In good winter
condition. Page is.
Chicago corn advances with farmers hold
ing back supplies. Page 19.
Spirited rally In Wall street stock market.
.Page ltt.
Dock owners fight order condemning
structures. Page 12.
- Portland and Vicinity.
County methods Involving gas bill Is Invi
tation to graft, says attorney In argu
ing case in court. Page 10.
Reward of $1000 offered In Descamps
case. Page 13.
Clever moonshlning plot is laid to twins.
Page 1. .
Rail pass forger suspected of being ring
leader la operations. Page l'i.
Mayor determined to have municipal hos
pital for epidemic cases. Page B.
Three rivals of McArthur mentioned as
pbssible entries In race. Page 7.
Letters condemn local film censor board.
Page It.
Financing of borne industry la urged.
Page 19.
Shots Preceded Attack,
Declares Witness.
YOUTH IN HALL AT TIME
Eugene Barnett Implicated
by Another's Testimony.
SCHOOL HEAD ON STAND
Charles Brlffett of Port Angrlc
Describes Man Seen In Hiding
In Bystreet.
nr li kn in n lampman.
MONTKSA NO. Wash., Feb. 1.1.
Thrice today through the testimony
of star witnesses the state scored
heavily In Its case against the eleven
I. W. W. defendants In superior court
who are charged with first degree
murder through alleged participation
in the Ccntralia armistice day tragedy
and the killing of Warren O. (irlmm,
one of the cx-servlce men who died
from the fire of hidden riflemen.
In the first Instance, through the
testimony of Tom ('. Morgan, 19, who
was In the Centralis I. W. W. hall
when the first shots sounded, tho
state has established basis for Its
contention that members of the
American Legion, marchers in the pa
triotic parade, did not rush the radi
cal headquarters until bullets hud
whistled through their ranks.
Soldiers Declared la I. Inc.
"Whera were the soldiers at the
time the shots were fired?" queried
W. If. Abel, special prosecutor, when
Morgan had related that he stood
within the I. W. W. hall, watching
the parade.
"Some were closing up and others
were keeping time." answered
Morgan. "Some shots were fired from
across the street."
In tho second Instance, through
the testimony of Charles liriffctl. su
perintendent of schools at Port
Angeles, ex-resident of Centralis,
who was In that city on Armistice
day. the state appeared to establish
definitely the identity of Kugena
Barnett, defendant, as one of the rlilc
men and the character of the rifle he
bore as similar in model and sue to
the 38-05 caliber weapon which Is de
clared to have alaln Grimm.
Woman filven Testimony.
The third Instance was In the testi
mony of Miss Klsle Hornheck, book
keeper In a garage Just opposite the
Avalon hotel, who declared that
Eugene Barnett, as he sat in the
prisoners' dock, was In her opinion
the same man she saw peer from an
upper window of the Avalon hotel.
Just before the firing started.
Her employer, A. Ji. carpenter,
testified he saw. a muuient or so
Inter, the flash of a rifle fire from
the same window. Cross-examination
of both these witnesses left their
tcstlrtiony apparently undamaged.
Brlffett, whose hobby Is firearms
and who had spent seven years as a
gunsmith In Olympla. where he was
Interested In a sporting goods store,
said that he had heard heavy tiring
and was walking toward Tower ave
nue, west on second street, when a
man came out of the alley at the rear
of the Avalon hotel.
Man la Carrying Itlfle.
He testified that thi man carried a
rifle, seemed agitated, white of face,
and was thrusting cartridges Into the
magazine. The rifle he recognized
Instantly as a Winchester, of heavy
caliber, model 1894. With the firing
yet echoing he paid close heed to the
stranger. Their eyes met.
"Would you know that man?" asked
Abel.
"I would."
"Is he among these defendants?"
"The third from that end," said
Brlffett, pointing.
At a request Kugene Barnett roee
to his feet and stood for a moment
as Briffet's eyes raced over him.
"That is the man," said the wit
ness. Courtroom la Crowded.
The courtroom was crowded to ca
pacity by those who found entrance
when It became known that the case
had quickened Its puce and that sen
sational testimony was to the fore.
Particularly keen was the Interest
felt in, the probable testimony of Tom
Morgan. Morgan was captured when
the legionnaires scoured through the
hall In search of their assailants
captured as he crouched in hiding In
an ice box on the rear stoop. It had
been known that he denied all prior
knowledge of the alleged L W. W.
plan and that he disclaimed any part
In it or the subsequent tragedy. Since
his arrest Morgan has been held by
the state as a material witness, origi
nal charge's against him having been
withdrawn.
No Hesitation Noted.
With the gaxo of II defendant!
fixed on him, but without hesitation
or apparent iear, Morgan iota a
straightforward story of those lurid
minutes In the I. W. W, hall on armi
stice day. When George F. Vander
veer, counsel for the defense, subject
ed him to rigorous cross-examination
Morgan held to his previous testi
mony, reiterated his statement that
shots were fired before the veterans
ever broke ranks and naming the men
tCuuxludtd on Pagu 3, Column L
iConluded ua Page Column X.).
would fail. . .
V