r
VOL. LIX. XO. 18,483
Entered I Portland (Orecon
PotTtoffle ah 6cnnd-C!as Matter.
PORTLAND OREGON, THURSDAY, FEBRUARY 19, 1920
PRICE FIVE CEXT9
IS
MYERS NOT SO EAGER
TO HEAR CHARGE NOW
EX-POSTMASTER SILEXT WHEN
CHAXCE IS GIVEN.
COURT FREES ONE
PRESIDENT'S ILLNESS
IS TOPIC IN CONGRESS
REVISED RAIL BILL
GUARANTEES WAGES
NO REDUCTION BEFORE NEXT
SEPTEMBER PROMISED.
LLUIUil UfULO Lrtl.U
SETTLEMENT MEASURE
T
AS
CONSTITUTIONAL AMENDMENT
PROPOSED IN HOUSE.
SERVICE MEN" 'EXPECT ACTION"
SOON" BY CONGRESS.
WILSON
ASKED
WIFE S STORYTOLU.
HUSBAND REPLIES
0SH0M1EI
Tim
N
Way Out of Adriatic Diffi
culty Sought.
PREMIERS ANSWER PROTEST
If Not Proposed Settlement,
Then What? Is Asked.
U.S. DECLARED CONCERNED
President Insists America Must Be
Party to Adjustment Old Lon
don Treaty Strongly Opposed.
WASHINGTON", Feb. IS. (By the
Associated Press.) President Wilson's
note to the allied supreme council re
garding the Adriatic question, which
caused something of a stir in this, as
, well as the allied countries, apparent
ly has served to reopen the whole
subject to negotiation.
The supreme council's reply was re
ceived today at the state department,
but was withheld. London advices
said the note was conciliatory. It
was pretty well understood here that
the entente premiers' communication
had at least removed the Adriatic
question from the status in which it
was after the council communicated
its settlement to Jugo-Slavia in the
form of an ultimatum without the
United States being a party to the
agreement.
Wilson Against Old Treaty.
The Jugo-Siavs were given the
option of accepting the council's plan
or submitting to the carrying out of
the Adriatic provisions of the secret
treaty of London, negotiated before
the United States entered the war.
In this connection it was disclosed
today that President. Wilson, in his
note, again came out definitely
against the application of this treaty.
It was also understood that the
president had taken the position that
regardless of the operation of the
treaty of Versailles and the league
of nations the United States should
be a party to the Adriatic settlement
because of Its position as a cobelll
gerent. While the premiers' reply was
being received at the state depart
ment from Ambassador Davis, a sug
gestion came from Europe that the
premiers had invited the American
government in the event that it still
held that the original Adriatic agree
ment made at Paris on December 9
should be carried out, to indicate the
practical steps -that could be taken
to execute this agreement, if it
should be accepted by Italy and Jugo
slavia. II. 9. Snggeatfoa Asked.
There is reason to believe that the
general tendency of the premiers'
note is to invite the United States to
come forward with some solution of
the problem. At the state depart
ment it was said that the council's
note would receive careful considera
tion, making it evident that some
time must elapse before a reply will
be made.
While the department has decided
not to make public the president's
communication and the council's re
ply without the consent of France,
Great Britain and Italy, It was
learned from authoritative sources to
day that the American government
looked with favor on publication of
the exchanges and had taken steps
to ascertain the wishes of the other
governments in the matter.
A factor in the desire of the United
States for publicity, it was said, was
the prejudiced versions of President i
Wilson's note which were published
in the foreign press. These versions
were said to have misinterpreted the
president's position.
LoadoBi Action Not Final.
One thing of importance from the
American viewpoint which developed
today was that such decisions, as are
reached by the premiers in their Lon-
don meetings, at which the United
States is not represented, are all sub
ject to approval at subsequent meet
ings in Paris, at which an American
representative will be present.
WILSON" CONDEMNED IN" ITALY
Paper in Rome Characterizes Aides
of President at "Marionettes."
ROME, Feb. IS. America is going
through such a crisis of over-pro
duction that she needs
European
markets as much as Europe needs
her goods, in the opinion of the
Popolo Romano, which today com
ments on President Wilson's note
relative to the Adriatic settlement.
Urging United States Senators Lodge,
Shernjan and Knox to show the
strength of the majority of the senate
in preventing Mr. Wilson's Interfer
ence in European affairs, the paper
adds:
"Secretary Lansing resigned too
late. He was a straightforward, con
scientious and loyal man until he
went to Paris, where, becoming the
bllnd Instrument of President Wjlson. j
he lost the esteem of friends and ad
versaries alike. Mr. Lansing, Henry
White and General Bliss were in fact
mere marionettes moved at the pleas
ure of the stage manager of the the
ater at Versailles. At the same time.
Colonel House was entrusted with the
negotiation of foreign affairs, not for
America, but for President Wilson.
"Mr. l.ansing, assisted by a very
(Concluded on Page X Column 4.J '
Desire for Investigation Seems to
Have Cooled Ofr When Re
quest Is Quickly Granted.
OREGONIAN NEWS BUREAU,
Washington, Feo. 18. Some question
has arisen as to whether Frank S.
Myers, ex-postmastcr of Portland, ac
tually desires a hearing. by the senate
committee on postoffices end post
roads, as requested by Gilbert E.
Hamaker of Portland, chairman of
the Multnomah county democratic
central committee.
Although it was published broad
cast in Oregon a week ago that
Chairman Townsend of the senate
committee was willing to grant the
former postmaster a hearing, no word
has been received either from him or
from Chairman Hamaker. Such a
hearing, if held, will be public,
though entirely unofficial so far as
any legal affect it may have, and
will reveal all of the reasons for
ousting the postmaster.
. At the civil service commission it
was explained today that the process
of selecting a new postmaster for
Portland does not Include a scholas
tic examination such as are held for
postoffices of the lower grades, An
examiner for the commission will go
to Portland and with the postoffice
inspector in charge will examine the
qualifications of the applicants for
postmaster, conducting at the same
time careful personal investigation
of the ability and standing of each
applicant, and make reports to the
commission, upon which ratings will
be determined.
It has not been decided when
examiner will visit Portland.
the
BUILDINGS COST BILLIONS
$6,000,000,00 to Be Spent Each
Year, Says Contractor.
CHICAGO, Feb. 18. Building oper
tions in the United States in 1920 will
total 86.000,000.000, O. W. Buchholz,
secretary of the Associated General
Contractors, told that organization
today. About 8 4.000,000,000 was spent
last year on building, he said.
He predicted that the 86,000,000,000
annual expenditure on new construc
tion would continue for a least five
years, "until we are caught up with
the time lost during the war."
Building costs have risen from 84
to 240 per cent since 1913, according
to Franklin T. Miller, New Tork pub
lisher. He attributed this to the de
mand for automobiles and other lux
uries. ENGLISH MARQUIS WEDS
Son of Duchess of Marlborough
Marries Mary Cadogan.
. LONDON", Feb. 18. The marquis of
Blandford. son of the duchess of
Marlborough, formerly Consuelo Van
derbilt of New York, was married
Tuesday to the Honorable Mary
Cadogan, daughter of Earl Cadogan,
at St. Margaret's church, Westminster.
The wedding was the most Important
social event of the kind since the
marriage ' of Princess Patricia of
Connaught to Alexander R. M. Ram
say a year ago.
The gifts were many and costly.
They Included a diamond brooch from
King George and Queen Mary, a dia
mond pendant from Dowager Queen
Alexandra and presents from other
members of the royal family.
MRS. KAMM GIVES $12,100
Albany College Gets Generous Do
nation From Portland Woman.
ALBANY, Or, Feb. IS. (Special.)
A gift of $12,100 from Mrs. JacoD
Kamm of Portland was received by
Albany college today. Of this amount
$10,000 will be applied on the college
indebtedness contracted during the
endowment campaign a few years
ago. This debt has been reduced this
week to the extent of $17,500. as an
other donation of $7500 was received
a few days ago.
Mrs. Kamm is a member of the
First Presbyterian church of Port
land, a daughter of the late W. H
Gray, author of Gray's History of
Or.eon. and was born at the old
Whitman mission near Walla Walla.
DUBLIN PATROL MYSTERY
Pedestrians Out Late Stopped and
Searched by Military.
DUBLIN, Feb. 18. Military patrols
with fixed bayonets went through
the streets of the city last night, stop
ping and searching pedestrians, espe
cially on the north side, demanding
why they were out at that time
of
the night.
The reason for this action is a
mystery.
CORK, Feb. 18. Four Sinn Feiners
were arrested today by the military.
The men were captured in a raid on
the Sinn Fein club.
POMERENE OUT OF RACE
Senator Foresees Defeat Before San
Francisco Convention.
WASHINGTON, Feb. 18. Senator
Pnmerene. democrat of Ohio, with-
drew tonight from the contest for
the democratic presidential nomina
tion. Necessity of devoting his attention
to important legislation in the senate
and the fact that under the Ohio pri
mary law a solid delegation would be
impossible, which, be said, virtually
would mean his defeat at the San
Francisco convention, were given as
his reasons for withdrawal.
Bert Faulkner Shown to
Have Fired No Shot.
DIRECTED VERDICT IS DENIED
Defense. Loses Effort to
Throw Cases Out of Court.
STATE FINISHES CASE
Alienist Probably Will Be on Stand
This Morning When Defense
Begins Evidence.
BY BEN" HUR LAMPMAN.
MONTESANO. Wash.. Feb. 18.
(Special.) Prison doors swung out
ward this afternoon for Bert Faulk
ner. 23, defendant i.i the Centralia
Armistice day murder case, when
Judge John M. Wilson, presiding,
ruled that the evidence against this
one of the 11 accused I. W. W. was
insufficient to warrant the charge
against him and granted the motion
of the defenge for his release.
Faulkner walked from the prison
ers' dock, where he has been seated
for more than three weeks on trial
for his life, back to the bench where
his mother waited. Krs. Will Faulk
ner moved aside, her face glowing,
and motioned for her son to take
his place by her. A few moments
later court had adjourned and Faulk
ner entered Grays Harbor jail for
the last time to collect his effects
and step out to freedom.
Others Must Continue Trial.
"I don't know just exactly how I
feel," said Faulkner. "I've been In
jail so long that It seems like home
to me." '
But for the 10 remaining defend
ants, charged with the murder of
Warren O. Grimm, the motion for
dismissal and a directed verdict was
denied.
At 11 o'clock this morning the
state rested its case after eight and
a half days of testimony and three
weeks of session. At the conclu
sion of its case the state contends
that it has proved:
That no attack was made on the
I. W. W. hall before the paraders
were under fire.
That riflemen were stationed in
L W. W. hall, on Seminary mil. in
the Arnold hotel and In the Avalon
hotel and that firing came from all
of these sources
That Warren O. Grimm was killed
by a bullet from the Avalon of 38-55
caliber fired by Eugene Barnett and
that the Identification of Barnett is
perfected.
Legion Raid Not Showi,
That Arthur McElfresh wps killed
by a .22 high-powered bullet fired by
Loren Roberts from Seminary hill.
That Legionnaires had no knowl
edge of any raid and were marking
time when fired upon.
That Grimm, McElfresh and Casa
granda, victims, were all slain at
points distant from the L W. W. hall
and that by no possible showing can
their killing be ascribed to self-defense.
,
When the state rested George F.
Vandeveer, attorney for the defense.
moved fo rthe dismissal of the case
(Concluded on Page 2, Column 3.)
,
J WHERE THEY FELL OFF.
Representatives Fess and Rogers
Would Have Supreme Court Blade
Judge of Executive's Incapacity.
WASHINGTON, Feb. 18. President
Wilson's extended illness and the at
tendant discussion as to whether he
was incapacitated gave rise today to
two proposals in the house to clarify
and supplement constitutional provi
sion on the subject.
It was made clear, however, that
neither proposal was aimed at Presi
dent Wilson, the intent being to de
fine the procedure for future emer
gencies beyond any possibility of mis
construction or partisan action.
The first proposal was a resolution
for a constitutional amendment, in
troduced by Representative Fess of
Ohio, chairman of the republican con
gressional committee, proposing to
have the supreme court determine the
ability of a president to discharge his
duties, whenever authorised by a con
current resolution of congress. If
congress was not sitting when the
emergency arose the vice-president
would be authorized to call a special
session.
Virtually the same procedure was
outlined in a bill introduced by Repre
sentative Rogers, republican, Massa
chusetts, and referre to the judiciary
committee along with the Fess reso
lution. It would provide that the supreme
court, on request of the senate or
house, should determine whether the
president "is unable to discharge the
powers and duties of the office within
the meaning of the constitution."
Mr. Fess said that while the condi
tion of President Wilson "gave rise"
to his proposal, the measure was not
designed to cause his removal
FEBRUARY DRIEST MONTH
Nearest Approach Was in 1889,
Reports Weather Bureau.
Thus far this has been the driest
February on record, reported tfcl
United States weather bureau yester
day. In the first 18 days there bas
been but one day with 'a measurable
amount of rain, the amount having
been 0.16 of an inch. The normal
rainfall for this period, February 1
to 18, Inclusive, is 3.87 inches.
The nearest approach to the pres
ent record was In 1889, when the first
18 days of February had only 0.20 of
rain.
DAYLIGHT JILL REVIVED
Law Falls Into House Hopper; No
Hope of Enactment Held.
WASHINGTON, Feb. 18. A day
light-saving bill, an old friend of the
house, fell into the hopper today. It
would put the clocks ahead an hour
on the last Sunday in March and turn
them back an hour the last Sunday In
October.
In view of the big vote by which
the daylight-saving bill was repealed
last year, leaders said, there was no
hope for its enactment.
MUSICIANS ASK FOR LIFT
Players in Boston Symphony Or
chestra May Join Union.
BOSTON, Feb. 18. Players of the
Boston symphony orchestra have
made a joint request for increased
wages and have taken steps toward
joining the musicians' union.
The wage request, involving an an
nual advance of approximately 8100.-
I 000, has been refused.
Rise, However, Is Not Precluded,
While Fares and Rates Also
. Are Given Leeway.
WASHINGTON. Feb." 18. Guaran
tee again&t any reduction in wages
before next September 1 is given
railroad workers in the revised draft
of the railroad reorganization bill re
ported today to the senate and house.
Railroad corporations which are to
regain control and operation of their
properties Marco 1 are safeguarded
likewise by ;the compromise measure
against reductions in rates and fares
at the hanas of state commissions
prior to September 1. the- bill pro
viding specifically against any rate
or fare reduction not approved by
the interstate commerce commission.
The redrafted reorganization meas
ure, while not prohibiting, advances
either in wages or in rates, in the
opinion of those members of the con
ference subscribing to the majority
report will tend to stabilize conditions
n the railroad industry.
The labor leaders on learning that
an advance in wcges was not pre
cluded between March 1 and Septem
ber 1 under the bill, generally ex
pressed satisfaction with the provi
sion against reduction of pay during
the next six months
The section prohibiting reduction
in wages before September 1 reads:
"Prior to September 1, 1920, each
carrier shall pay to each employe or
subordinate official thereof wages or
salary at a rate not less than that
fixed by the decision of any agency.
or railroad board of adjustment
in connection therewith, established
for executing the powers granted the
president under the federal control
act, in effect in respect, to such em
ploye or subordinate official immedi
ately preceding 12:01 A. M.. March 1,
1920."
The entire draft of the revised
measure was considered at an In
formal conference of union officials
tonight. In advance of a thorough di
gest of the measure's provisions they
declined to comment.
Creation of a permanent federal ar
bitration board, composed of nine
members divided equally among em
ployes, employers and the public, and
appointed by the president, which the
revised bill proposes, was considered
by many railroad experts as simpli
fying solution of wage problems to
be dealt -with after -return of the
roads. Submission of disputes to the
board is compulsory. President Wil
son in replying to the demands of the
more than-2,000,000 workers for in
creased wages, offered submission of
the pay request to such a board if
provided by law or to a commission
which he promised to create If no
legal provision was made. The atti
tude of the railroad executives toward
such a solution of the pending wage
problem will be one of the principal
subjects to be discussed at a confer
ence here tomorrow between Director-General
Hines and representatives
of the railway executives.
AERIAL 'FLIVVER' SUCCESS
Little Monoplane Weighing 595
Pounds Makes Good in Trial.
COLLEGE POINT, N. T., Feb. 18.
The aerial "flivver," a monoplane,
which weighs 595 pounds, is 19 feet
long and has a wing spread of 29
feet 9 inches, received its first trial
flight before a gathering of engineers
and aviation experts here today.
The machine, which is driven by a
two-cylinder motor and has a carry
ing capacity of 383 pounds, took the
air and made a successful ftight of
several minutes. i
Ex-Administrator Lauded
by C. E. Hughes.
CIVIC FORUM MEDAL AWARDED
Financier, Diplomat, States
man, Titles Held Earned.
U. S. DECLARED HONORED
"Work in Belgium Conducted With
Efficiency That Challenged Ad
miration of the World."
NEW TORK, Feb. 18. Herbert
Hoover, hailed as a "financier, diplo
mat and statesman," by Charles E.
Hughes at a testimonial meeting
given In his honor here tonight by
the Civic forum, declared that the "na
tion's sense ofduty fn the greatest
number" is in danger of being over
whelmed by "selfishness and partisan
ship." In recognition of his "distinguished
public service," Mr. Hoover was pre
sented with the Civic forum medal of
honor, with which only three other
American citizens have been honored
Alexander Graham Bell, Thomas
Alva Edison and George Washington
Goethals.
In accepting the medal, Mr. Hoover
said that he -only, did so on the con
dition that the recognition include his
colleagues and the "thousands of men
and women of America who gave me
their support in my undertakings."
Complex Problem Arise.
It was only the "common sense"
and "wholehearted co-ODeratlon" of
the American people that had made
his relief work in Europe a success,
Mr. Hoover declared. "I believe that
this quality of co-operation will con
unut, ne aaaea, "although we are
faced by another complex problem.
"We are in some danger that self
isnness na partisanship will over
whelm our sense of duty to the great
est number."
In relating Mr. Hoover's achieve
ments abroad, Horace V. Winchell, re
tiring president of the Institute of
American Mining Engineers, revealed
that the former food administrator
had gathered In Europe 80,000 vol
umes of literature on the war, brought
them to the United States and pre
sented them to Leland Stanford' uni
versity,. California, his alma mater.
"As a result of this generous benefac
tion," he added, "the history -of the
great war will be written In this
country and for generations will come
students of the subjects from all parts
of the globe."
People's Thoughts Voiced.
Mr. Hughes, in making the presen
tation, said that as America has no
military or naval honors or govern
ment recognition to bestow on Mr.
Hoover "we are seeking to give ex
pression to the thought of the people
of America and without preference
to class, without regard to party or
to politics, we are gathered in the
public interest 'to honor a great civil
ian hero of the world war."
Mr. Hughes reviewed Mr. Hoover's
relief work in Belgium, declaring
that "it was conducted not only
(Concluded on Page 2, Column 1.)
a j
Organization "Waits In Vain" for
Compensation Incident lo
Military Service.
WASHINGTON. Feb. 18. Land set
tlement in all Btatcs for former serv
ice men, federal aid to encourage their
purchase of either rural or city homes,
vocational education and adjust
ment of compensation based on length
of service were recommended today
by the legislation committee of the
American Legion, which has been in
session here three days. Each vet
eran would be given an option of one
of the four plans.
The programme will be energetic
ally urged upon congress, It was an
nounced and the American Legion
"does not hesitate to state that it ex
pects definite action within the next
60 days."
"The American Legion." said the
statement, "has waited in vain for
congress to relieve the financial dis
advantages of ex-service men an
women incidental to their military
service and is quite confident that al
though congress has had its attention
called to this matter, it does not ap
preciate the urgency for immediate
legislation which ill show' that this
government is actually playing fair
with ex-service men and women as
they always have and will play fair
with the government.
"The American Legion again recom
mends strongly to congress legisla
tion embodying the optional features
of land settlement, home aid, voca
tional training or an adjustment of
compensation, and now does not hesi
tate to state that it expects definite
action within the next til days."
ICE WORST IN MEMORY
Arctic Packs, Black With Polar An
imals, Extend Far South.
HALIFAX. Feb. 18. Arctic Ice
packs, literally black with walrus,
seals and other polar creatures, are
the largest within memory, accord
Ing to reports brought here by sailors
and overland travelers.
The solid ice extends farther south
than at time within years, with ths
bays and inlets fringing the New
foundland coast locked tightly.
Newfoundland is Icebound and raiU
roads are tied up. Inhabitants are
suffering Intensely and several deaths
from exposure have resulted. Com
munications between settlements Is
impossible, except by dog sledges.
Reports of a strange malady have
been received from Gander Bay,
which is without a doctor. The
disease is an affection of the throat
and has claimed many lives, parti
cularly children.
NEW MEXICO TO RATIFY
Senate Approves Suffrage and
House Will Do So Today.
SANTA FE, N. M, Feb. 18. By a
vote of 17 to 5, the Btate senate to
day ratified the federal suffrage
amendment.
It is certain that the house will act
favorably, probably tomorrow.
INDEX OF TODAY'S NEWS
Tha Weather.
YESTERDAY'S Maximum temperature,
-41 decrees; minimum, 30 degrees.
TODAY'S Rain; louth to west winds.
Forelsn.
Ex-erown prince thinks French are moat
formidable foea. Page 4.
France stands with United States en Adri
atic question . Page la.
M. Deschanel takes over duties as presi
dent of France. Page 3.
National.
Sale of ex-German liners again urged by
chairman of shipping board. Page 4.
Lepion urge land settlement measure by
congress: Page 1.
Premiers ask Wilson to suggest way out of
Adriatic difficulty. Page 1.
National.
Revised rail bill guaranteea wagea of em
ployes. Pago 1.
Constitutional amendment proposed mak
ing supreme court Judge of preaidentlal
Incapacity. Page 1.
Ex-Postmaster Myers apparently not ao
eager now to have charges againat him
aired. Page 1.
Houser Indictment to ba Investigated.
Page 2.
Montana'a war dead ratio highest in United
States. Page 7.
Domestic.
Hillqult admits he haa given frea ad
vice to Martens. Page 4.
Martens defends Lenine letter calling for
revolt in America, fage z.
Hoover hailed as financier, diplomat and
statesman by C. E. Hughes. Page 1.
Hoover advocates investigation Into over
lapping costs of federal departmenta.
Page 6.
Pacific Korthweat.
Seattle executive aupports Mayor Caldwell
in race for office of mayor. Page 8.
Retailers merge into new association.
Page 5.
Bert Faulkner, one of I. W. W. on trial at
Mrs. Haw!eys testimony ends, huaband
on witneas atand. Page 1.
sports.
Seattle fans hop to get Jacques Fournler.
Page 12.
Western trials for Olympic games may be
held In Portland. Page 12.
Multnomah quintet to meet Willamette
Univeraity Saturday niaht. Page 12.
Commercial and Marine.
New river service dock contemplated.
Page 20.
Grain corporation rejects higher flour bids.
Page 21.
Corn weakened owing to reports of food
stuff seliures. Page 21.
Rail stocka strong feature of Kew York
market. Page 21.
Portland and Vicinity.
City water aupply to ba safegjarded by
third pipe Una. Page 10.
Clark made himself "rich" by check Jug
gling Page 11.
Celebration of Chlneee new year begins
today Page 7.
No relief Is aeen in clothing coata. Page &
pederaon case up before council, actios
again delayed. Page 18.
Willard P. Hawley, Jr., on
Witness Stand.
WIFE'S CHARGES ARE DENIED
Mrs. Hawley Subjected to
Sharp Cross-Examination.
NEW SENSATION SPRUNG
Intimacy of Husband With Woman
Stenographer at Mill Alleged
In Latest Testimony.
OREGON CITY, Feb. 18. (Special.)
"I'll be back In a minute, sweet
heart." called Willard Hawley Jr. to
his young wife when he loft the house
after one of their numerous "spats"
that brought them Into the dlvorcs
court, his wife testified this after
noon. Mrs. Hawley. on re-dlrect examina
tion. said he had Just demanded his
freedom and made this cheering re
mark so that the servants in the
house could hear him.
The young wire, who has been
grilled by Harrison Allen and Major
Casslus R. Peck for the defense,
during the last two days, concluded
her evidence this afternoon and hef
husband was called to the stsnd, and
will probably be there all dny to
morrow. Dismissal Wotlosj Dralrd.
When the plalntltf rested about 1
o'clock Mr. Allen promptly filed a
motion for a dismissal of the case oa
two propositions, the first being the
total absence of corroboration of the
plaintiff's testimony as to any of
the causes set out in the complaint
and as to the charges of Immoral and
criminal conduct on the part of ths
defendant, and the second being a
statement that the evidence on the
part of Mrs. Hawley showed com
plat condonation of every act of
cruelly set out in the complaint, all
of such acts being expressly or com
plledly forgiven by her.
Christian Schuebel, for the plnlnlirf,
nrgued that It would be Impossible
to present any corroborative testi
mony of the charges recited, and that
condonation was only upon the under
standing that the acts complained ot
would not recur.
toart Hraervra Hnllac,
Circuit Judge Baglry promptly over
ruled the motion, whereupon Mr. All
en presented another motion to strike
from the record all testimony of Mrs,
Hawley concerning charges of a crim
inal character, on the ground that the
evidence furnished was that of an sc.
compllco and wholly uncorroborated.
The court will pass upon this mo
tion and every other phase of the
case after the conclusion of tha testi
mony." suld Judge Hagley.
The young husband, who Is ths de
fendant in the suit, testified as to
the truth of the charges of the plain
tiff. He took up the kodak picture
incident, where his wife had said they
had quarreled while in the automo
bile on their way to Portland because)
Willard had thrown some pictures
from the car Into the road and that
when they returned her huaband had
run the car over ber foot at ths
garage.
Hnabaajd Locked Oat.
Mr. Hawleysald ths pictures wiwe
blurred and were not worth keeping
and he tossed them Into tha road
without knowing that his wife wanted
them, but when she told him she
wanted them for her little album they
stopped the car and he helped to find
them and then, after having lost so
mnrh time, he concluded It was too
late to go to Portland and they turned
back.
"I knew Marjorle wanted lo go to a
movie." he said, "so I suggested, when
we reached the end of tha bridge, that
she get out while I and George Puaey
would go to the mill. She said she
did not want to go to a show that
night, so we drove, home and MarJorls
got out and went Into the house.
After we had put the car away I tried
to get into the house and found the
doors locked, so I asked my wile
through the window to open the door,
but she made no reply. I then picked
up an old window frame and broks
out a pane of glass and crawled
through."
Ko Complalat Made of Baby.
The witness said the Incident was
speedllV forgotten by him and aha
had not referred to It. He denied
ever having complained because the
baby cried at night and disturbed his
rest, and described In some detail as
other trip to Portland In their car,
wherein his wife had testified he had
criticised her relatives In the presence
of ber niece.
"I guess I did mention ths Evans
woman." testified Mr. Hawley, "and
said I did not approve of her. -My
wife remarked that I always did take
exception to her friends and she stood
up for the woman, who cashed a bad
check at Latourette's bank and I was
asked by either M. D. Latourette or
Mr. Meyer, the cashier, to make it
good. I also told her 1 did not ap
prove of Miss Virginia De LI 11 Is,
whom Marjorle had met wnue at Bar
View. Marjorle had told roe she was
star wl'.h Kolb DDI and bad
acted for the Vltaaraph pictures aad
(Concluded OD rag. 8. CelumD LJ