Morning Oregonian. (Portland, Or.) 1861-1937, January 28, 1921, Image 1

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    VOL. LIX NO. 18,778
Entered at Portland (Oregon)
PnPtofflr nil Serornl-Onmm Matter
TOKTLAXD, OREGON, FRIDAY, JANUARY 28, 1921
PRICE FIVE CENTS
NATION HAS ALMOST
E
SPLITS
HARDINGS' LUGGAGE
IS AT WHITE HOUSE
MOVIXG OF PERSONAL- EF
FECTS IS STARTED.
NON-PARTISAN FORCE
OUSTED BY VIGILANTES
ORGANIZERS LEAVE XCCKOLLS
COUXTT, XEB.
OLD GUARDS RAISE
KU KLUX KLAN LIFTS
MYSTIC VEIL TO 500
FATE OF L0TI5S0
14 BILLION IN VAULTS
.FRENCH
F JURY
$16,000,000,000 CONSISTS OF
AFTER WADIXG IXTO CAVE,
CANDIDATES ARE KNIGHTED.
DEBTS OF ALLIES.
Ti
COUNT E
IT
BID FOR TWO SEATS
WML
DAWES
ND
lain in House Likely;
Committee Controlled.
MULTNOMAH MAY BENEFIT
One Berth Left for Wire-Pullers
to Battle Over.
SENATORS SHUN NEW TASK
Dennis Only One to Ask That He
' Be riaced in Body; Galla
gher Wins After Fight.
STATE HOUSE. Salem. Or.. Jan. 17.
(Special.) Eastern Oregon has
managed to obtain control of the re
apportionment committee and Is de
-termined to increase its representa
tion by at least two. Apparently
there will be about 4 representa
tives to Juggle around. Of these,
Multnomah will probably receive 1.
eastern Oregon 2, leaving 1 to play
ball with.
The reapportionment committee
consists of Senator Dennis of Union
and Wallowa, Senator Robertson of
Sherman, Gilliam and Wheeler. Sena
tor Staples of Multnomah, Senator
Patterson of Benton and Polk, Sena
tor Hall of Coos" and Curry, Repre
sentative Burdick of Deschutes, Jef
ferson, Crook, Klamath' and Lake,
Representative Carter of Jackson,
Representative Gordon of Multnomah,
Representative Hurd of Clatsop and
Representative Gallagher of Malheur
nd Harney.
All Sections Are Reproofed.
With a state map spread before
them. President Ritner and Speaker
Bean worked out their appointments,
so that every section would have
some one on the Joint committee.
Senator Upton, who Introduced the
Joint resolution under which the com
mittee was appointed, requested that
he be left off. as some of the fight
against the adoption of the resolution
in the senate originally was because
of him. Senator Dennis was the only
senator who asked to be placed on the
senate end of the committee. Senator
Patterson asked to be left off and
Senators Robertson, Staples and Hall
did not know they were to be ap
pointed until five minutes before the
time.
A two-hour conference was held by
Speaker Bean and President Kilner
before the speaker finally consented
to name Representative Gallagher.
Speaker Bean realized that Mr. Galla
gher's appointment would give east
ern Oregon control of the Joint
committee and while he was reluctant
to name Gallagher, he also declined
to indicate tho identity of tho ,man
he had In mind to appoint in lieu of
the representative from Malheur and
Harney.
Multnomah Ha, Two.
Speaker Bean's end of tha joint
committee Is his resolutions commit
tee, with the exception that Gordon
replaces Kubli. It had been the
speaker's intention to have the reso
lutions committee handle the reap
portionment problem.
Multnomah has two men on the
committee and is the only county so
favored. Mr. Carter is so hemmed in
that he admits already that he will
be helpless in the committee, and in
this be is probably a propiot, for
Jackson county is likely to be af
fected when reapportionment is
completed.
Marion, Linn and Washington coun
ties may each lose a representative if
eastern Oregon is to gain anything by
reapportionment. Mr. Gallagher will
try to seize one more representative
for his district and Mr. Burdick, who
represents five counties, will also
wish one. Multnomah will get at
least one and a joint and, possibly,
two more representatives.
Some Counties Will Lose.
Of course, if the state Is to be re
districted and the size of the house
60 members is not increased, some
of the counties will have to give up a
portion of their present representa
tion, and that is the source of all the
political wire pulling.
Senatorial districts will be shifted,
according to rumors, in several places.
For Instance, the district of Senator
Upton consists of Deschutes, Crook,
Jefferson, Klamath and Lake. It is
possible that a senatorial district may
be composed of Klumath and Lake,
this senator being taken away from
Jackson, and Josephine and Jackson
being made a joint district. Grant
county may be added to Baker instead
of being a joint now with Malheur
and Harney.
PENROSE DEMANDS ACTION
Cloture Rule May Be Invoked to
Get Tariff Bill Through.
WASHINGTON. Jan. 27. A petition
to invoke cloture was circulated today
by Senator Penrose of Pennsylvania,
in charge of the emergency tariff bill,
although republican leaders said no
attempt to choke off debate would be
made unless filibustering was demon
strated beyond all question.
Senator Penrose soon secured more
than the required 16 senators' signa
tures to the petition requiring that i
the standing cloture rule be invoked. I system, the bill would have the re
it would limit ech senator to one I turns forwarded by mall to the proper
liour'a time. officials.
Cash on Hand Amounts to Sam of
$97,410,283.02, According to
Count Just Finished.
WASHINGTON. Jan. 27. Comple
tion of the first count since 1913 of
cash and securities in the treasury
has revealed that Uncle Sam's vaults
hold 13.883,819.826.36 2-3, of which
$97,410,283.02 is cash.
More than $10,000,000,000 of the
bonds and other securities held in
trust, which totalad 112,308.849.
043.34 2-3, Acting Treasurer Allen
announced, consist of evidences of
the indebtedness of the allied nations.
The presence of the two-thirds of a
cent in the figures was explained as
due to a bond of Tennessee for II.-
606.66 2-S. held by the treasury lor
the secretary of the Interior as part
of a number of bonds purchased for
the benefit of Indians.
The last count of the treasury's
cash and securities in 1913 showed
11.326.422.051.48 2-3, of which 1100.
231,911.90 was cash. Sale of 100,000.
000 standard silver dollars to the
British government during the war to
relieve the silver famine In .India,
officials said, explained most of the
difference in cash.
Count of the treasury's cash and
securities was necessitated by the
resignation of Treasurer John Burke.
FALSE TEETH HALT COURT
Plate Slips Down Lawyer's Throat
While Making Argument.
PROSSER, Wash.. Jan. 27. (Spe
cial.) Suspense between tragedy and
comedy interfered with court pro
ceedings yesterday when Campbell W.
Bushnell, a prominent attorney, in a
fit of coughing swallowed his false
teeth.
The victim of the strange accident
was in danger of choking to death be
fore he succeeded in impressing upon
the astonished spectators that he
wished someone to pound him on the
back violently. Eventually someone
had the presence of mind to adminis
ter the pounding, with the result that
the teeth were ejected and the attor
ney was enabled to resume his argu
ment.
MONTANA PROTEST FAILS
Court Enjoins Interference With
Passenger Fare Lift.
HELENA. Mont.. Jan. 27. Upon ap
plication of counsel for Montana
railroads, Attorney-General Rankin
was enjoined by the United States
district court here from interfering
with the establishment of increased
passenger fares within the etate re
cently authorized by the interstate
commerce commission.
The injunction was served . upon
the attorney-general as he stood in
the courtroom of the etate supreme
court, after hav'ng asked for an in
junction to restrain the railroads
from put. i :ig the new rates into ef
fect. The state court refused to as
sume Jurisdiction and denied his pe
tition. -
STRIKE VOTE IS REPORTED
Electrical Workers of Two Power
Companies in Wage Dispute.
SAN FRANCISCO, Jan. 27. The
electrical workers of the Pacific Gas
& Electric and Great Western Power
companies have taken a strike vote
which will be canvassed tomorrow, ac
cording to a San Francisco newspaper.
Officials of the workers' uni-ns would
not affirm or deny the re( jrt.
According to the report the strike
vote followed a refusal of the Pacific
Gas & Electric company to raise wages
and an announcement of the Great
Western Power company that it would
reduce wages on February 1. Ap
proximately 1000 workers were said
to be affected.
CHAMBERLAIN IN RELAPSE
Condition of Senator From Ore
gon "ot Entirely Satisfactory.
THE OREGONIAN NEWS BUREAU,
Washington, Jan. 27. Senator Cham
berlain's condition was not entirely
satisfactory today, following two
j chills last night, but his physician.
Dr. H. A. Fowler, spoke reassuringly.
A special surgical treatment with a
local anesthetic became necessary yes
terday to relieve the senator's suffer
ing and today's backset was attrib
uted to that.
0LC0TT HAS OPERATION
Governor Expected to Return to
Work Next Week.
STATE HOUSE, Salem, Or., Jan. 27.
(Special.) On account of a minor
operation. Governor Olcott has had
an enforced absence from the execu
tive office for several days. He Is
at present confined to his bed.
Attending physicians said he prob
ably would be able to return to his
office early next week.
ELECTION REFORM URGED
House Resolution Would Abolish
Special Messenger System.
WASHINGTON, Jan. 27. Abolition
of the system of certifying election
returns ' is provided in a resolution
Introduced In the house today.
Instead of the special messenger
German Reparations Put
Up to Experts.
FRANCE'S DEMAND RADICAL
Lloyd George Avers Berlin
Oan't Pay Huge Sum.
SESSION MADE DIFFICULT
English Premier Declares Exports
Only Method of Reimbursement,
Would Imperil World Trade.
PARIS, Jan. 27, (By the Associa
ted Press.) The question of German
reparations tonight was placed again
in the hands of a committee of ex
perts, which committee is to consider
certain details and report to the coun
cil before a final decision is taken.
Tha Allied Supreme council took
this action, as suggested by the Bel
gians, after sharp differences had
developed between the English and
the French delegates' viewpoints as
to the amount of indemnity Germany
should pay.
Thi discussion on reparations was
taken up In an atmosphere made un
favorable by the radical position as
sumed yesterday by M. Doumer,
French minister of finance, who
named 212.000.000,000 gold marks as
the total indemnity Germany should
pay. M. Doumer's attitude caused
embarrassment when the subject was
resumed.
The British premier is undcrstcod
to have indicated that the radical
demands made by M. Doumer were
Impossible of realization
Reparations Are Discussed.
The committee Is composed of MM.
Loucheur and Doume- for France,
Baron D'Abernon and Sir Laming
Worthington-Evans for Great Britain,
Colonel Theunys tor Belgium, Signor
G'annint for Italy and Kengo Mcri
for Japan. The committee met to
night.
Lloyd George took up the question
of reparations at the opening of the
session of the council. He declared
there was no difference of opinion
regarding the merits of the problem.
"Germany must pay to her utmost
capacity," he asserted. "To assure
this the allies must stand together.
It is useless totry to get more than
Germany can pay, for her interests
are identical with the Interests of the
allies." '
It is to Great Britain's interest as
well as to the interests of Belgium
and France that Germany pay to the
last farthing. But the question is
how to get it.
"Germany could easily pay inside
(Concluded on Pace 3. Column 1.)
L. -
iA SOUND SLEEPER. j
I I
xP tssfcv 7r
House In Washington, With Furnl.
ture, Will Be Sold; Invitation
of Mrs. Wilson Accepted.
WASHINGTON, Jan. 27. Moving of
the personal effects of President
elect Harding and Mrs. Harding into
the executive offices of the White
House was begun today from the
Harding home here.
Mrs. Harding came from Marlon
Sunday to attend to this work.
The Harding house will be sold, to
gether with the furniture, and only a
few personal belongings have been
reserved. '
It was upon the Invitation of Mrs.
Wilson that Mrs. Harding decided to
make ready In advance for the change.
An antique settee, several chairs,
pictures which are heirlooms and
some rare china were among the arti
cles. ' The single wagonload which
was brought to the executive offices
of the White House today is expected
to remain there until the president
elect is inducted into office.
PALM BEACH. Fla., Jan. 27. Pres
ident-elect Harding visited the fash
ionable colony here today. He did
not board his houseboat Victoria until
late tonight for the last lap of his
journey to Miami. The Victoria i
expected to reach Miami Saturday.
Eluding a crowd at the docks, Mr.
Harding went ashore early in the
afternoon. After a private luncheon
at the cottage of Joseph Ritter he
played golf and was a guest at a
dinner at the Everglades.
Plans for an official receptipn to
the president-elect were abandoned
when his personal representatives de
clared he wanted no' formalities to
attend his visit.
A committee from Miami also was
told Mr. Harding would prefer to
carry out his vacation programme
without devoting attention to popular
demonstrations.
NEW YORK, Jan. 27. President
elect Harding, in a letter today in
Our Navy, edited and published by
American naval officials and men, de
clared that so long as there is need
for national defense "we must main
tain our navy."
"Our navy Is the great wall of
America," he wrote. "I believe that
a navy which is almost good enough
In the end will prove more costly to
the safety of the United States than
no navy at alL
"We would all like to reduce arm
aments, but eo long as there Is need
for American national defense we
must maintalnour navy, not only in
its material strength, but in the
morale and capacity of its officers
and men."
SINN FEIN LEADER SLAIN
Michael Carrey Is Killed While in
Bed at Belfast.
BELFAST, Jan. 27. Michael Gar-
vey, ardent Sinn Feiner. was mys
teriously killed while in bed today.
The crime is believed to have been
In revenge for the shooting of three
policemen who were to have been Im
portant witnesses at a military in-
I quiry last night.
x i.
Ei-Service Men Accused of Intim
idating Workers but Ijeglon De
nies Ail Responsibility.
NELSON, Neb., Jan. 27. A citizens'
committee, in which ex-service men
were prominent, today waited on non
partisan league organizers who have
been in this vicinity several days and
asked them to leave Nuckolls county
and stay away. The organizers com
plied. No disorder accompanied the
notice served on the leaguers, al
though nearly 100 people gathered at
the hotel to witness their departure.
LINCOLN, Neb., Jan. 27. C. A. Sor
enson, attorney in Nebraska for the
non-partisan league, said tonight his
advices from Nelson were that the
league organizers had been driven
from that town by threats and Intimi
dation. He said he intended to bring
suit in federal court for damages
from the men who constituted what
hS designated a "mob." '
"I was first told that an American
Legion committee waited on the
league workers," said Mr. Sorenson
but legion officers at Nelson have
informed me the committee was not
authorized by the legion post."
Nuckolls county is in south central
Nebraska, on the Kansas line. It was
the scene of similar disturbances sev
eral weeks ago.
BONUS IS HELD ASSURED
National Commander of American
Legion Is Optimistic.
AURORA, 111., Jan. 27. A brief mes
sage, "The bonus is going over." was
brought here today by Colonel F. W.
Galbraith, national commander of the
American Legion.
He tempered his prediction of con
gressional action on soldier legisla
tion by stating that it will require
two years or more to work out the
adjusted compensation plan, but he
said that he had seen President
Elect Harding and that he favored
the bonus.
ACTION ON DEBS COMING
Department of Justice Expected to
Make Recommendations.
WASHINGTON, Jan. 27. Recom
mendations of the department of
justice as to a pardon for Eugene V.
Debs probably will be submitted to
President Wilson within the next few
days.
President Wilson has said, how
ever, that he would not pardon Debs,
as he believed such action might
lower the morale of the people In the
event of another war.
NEW YORK TOWNS ROCK
Large Cracks Appear In Ground.
EarthQuake Believed Cause.
GLENS FALLS. N. T.. Jan. 27. Vil
laces in this section were shaken
today for the third time in less than
two weeks by what was believed to
have been an earthquake.
Large cracks appeared in the ground
at several places. -
Mellan for Secretary of
Treasury, Latest Cry.
PROTESTS DELDGE HARDING
Irreconcilables Say League
Taint May Crop Forth.
PENROSE LIFTS HIS VOICE
Senator' Turns Thumbs Down on
International Bankers; Must
Keep Money at Home.
BT MARK SULLIVAN.
(Copyright 1021 by the New York Evening
Post, Inc., and published by arrange
ment.) WASHINGTON, Jan. 28. (Special.)
The pressure to maneuver Harding
into substituting Andrew Mellon in
the place of Charles G. Dawes of Chi
cago for secretary of the treasury
comes from a group who are old
guard leaders and also violent irrec
oncilables. Some of the irreconcilables can't
get away from their league of nations
obsession. They have a kind of rabies
on the subject. Not content with the
result of the election, they like to go
back to it t.nd pick it ud in their
teeth' and shake It. They have in
vented the theory that as regards the
league of nations Dawes is not, from
their point of view, 100 per cent pure.
During the war Dawes passed con
siderable time abroad in charge of
the purchasing of supplies, not merely
for the American army but for all
the allies. In that connection these
irreconcilables have a suspicion that
Mr. Dawes may have had contaminat
ing contacts with European states
men. Further than this, these irrec
oncilables are uneasy over a ru-no
that Dawes once made a speech tha
leaned toward the league of nations.
Line Drawn on Bankers.
Also they have Invented an esoteric
distinction between international
bankers, on the one hand, who are
supposed to have unclean leanings
toward the league of nations, and, on
the other hand, what they term "In-
teral" bankers. Superficially Dawes
as head of a Chicago bank would
seem to be just as much an "internal
banker" as Mellon at the head of i
Pittsburg bank. But the irreconcil
ables have figured out some kind of
distinction between the two.
Senator Penrose makes this dis
Unction one of his permanent political
axioms. He says that if he has to
get in bed with big business he is
going to choose as his bedfellows the
type of big business man who keeps
his money at home and develops the
country like Standard Oil, and not
what Penrose calls "these intcrna-
tonal note shavers.
Economistis may not be able to go
all the way with Penrose in recog'
nizing any particular distinction of
merit between bankers who facilitate
production and bankers who facilitate
foreign market, but as a matter of
practical politics it is rule one of
Penrose's guide to success. Penrose's
relations with Standard Oil composed
one of the most enlivening episodes of
American politics some years ago,
Democrats Like Dawes.
Another thing that some of the old
guard leaders mumble about Is the
fact that Dawes is acceptable to dem
ocrats to a degree which arouses
their suspicions. They have discov
ered that Dawes approved John Skel-
ton Williams, the present Democratic
I controller of the treasury, when the
j latter's appointment was before the
j senate for confirmation.
The particular scandal of these old
I guard leaders, if only they knew it,
I is probably worse. Those of us who
j move among the leaders of both par
' ties recall that at the time when
! McAdoo resigned as secretary of the
treasury one of the men whom some
democratic leaders recommended to
Wilson as McAdoo's successor was
Dawes.
The fact that Dawes' character and
standing as a banker make him ac
ceptable to some democrats over
shadows In the minds of these sus
picious standpatters the fact that
Dawes has been a republican all his
life, that he was a republican office
holder under McKinley 25 years ago,
that he has been more or less ac
tive in republican politics all his life
and that he took a prominent part in
the republican pre-convention cam
paign last year.
Harding Difficult to Move.
There is but little likelihood that
the sort of argument that is moving
this little group of old guard leaders
I will have much weight with Harding.
This should not be said without also
saying that Mellon is a -very able man
, and would make a good secretary of
the treasury. He Is described as be
ing more of a great business organ
izer than merely a banker. He has
organized and operated several large
corporations engaged in the oil busi
ness, in the steel business and in
other lines.
The characteristic of Mellon Is said
to be that he has started these cor
porations, organized them and con
tinued to operate them personally, in
distinction from the usual custom of
bankers who merely deal in the se
curitles of the corporations they are j
iCoBCiuded on Page 3, Columa 3.)
For First Time in History, Public,
Although Well Guarded, Is Per
mitted to Witness Conclave.
BIRMINGHAM, Ala., Jan. 27. More
than 500 candidates waded knee deep
in water and slush tonight into the
mystic cave of the Knights of the
Ku Klux Klan and mounted to the
heights of superior knighthood, where
they may not sit among the gods of
the empire Invisible.
The ceremonial, described as the
greatest since the founding of the
new organization of the klan, was
held on the 54th anniversary of the
tak!ng of the oath as imperial wizard
by General Bedford Forrest, when
the original invisible empire of the
Ku Klux Klan was founded on Janu
ary 27, 18C0, In the hills of Tennessee.
Half the Alabama state fair
grounds, where the ceremony was
held, was flooded knee deep in wa
ter. The candidates were not per
mitted to pick dry spots, but were
forced to splash forward to the
strains of weird music.
The Initiates took the oath about
the fiery emblem of the order, on the
inside of a great quadrate formed by
hordes of white-robed, hooded fig
ures. The outer walls of the great
square were guarded by klannlsh
horsemen, that none might enter but
those who were conversant with se
crets of the order.
The klansmen. shrouded in white,
formed a living cross in the center
of the race track; each held a cross
aloft, the standard being white and
the crossarm red. Two great search
lights played upon them. In front was
the throne of the imperial wizard,
surrounded by a thousand klansmen.
The candidates were marched for
ward in fours, passing the throne and
the cross, and there, in front of the
living emblem, the oath was admin
istered.
This was the first time in history
the public has been permitted to wit
ness the conclave. Newspaper men
were permitted to stand on a house
top inside the fair grounds enclosure,
with guards on all sides to see that
they kept the places assigned to
them.
W. J. Simmons of Atlanta, imperial
wizard, in a statement to newspaper
men said the new order stood for:
"One hundred per cent American
ism and reconsecration to bedrock
principles.
"White supremacy.
"To keep forever separate church
and state.
"To protect woman's honor and the
sanctity of the home."
Mr. Simmons cited the following
figures on the membership of the Ku
Klux Klan:
"Tho order has 30,000 members
above the Mason and Dixon line: it
has 7000 in Chicago. Seven hundred
inquiries have been received from
Loi Angeles regarding the organiza
tion of a klan on the Pacific coast.
A middle west domain office is to be
established either in Chicago or
Cincinnati.
The present organization was In
corporated in 1315. It includes in Itu
ranks a few survivors of the original
klan.
INDEX OF TODAY'S NEWS
The Weather.
YliTlSrtDAT'S Highest temperature, 46
degrees, lowest, 38 degrees; rain.
TODAY'S Clearing, southwesterly winds.
Foreign.
Reparations In experts' hands again; tilt
marks session. Page 1.
National.
Old' guards raise wall over secretary or
treasury choice. rise l.
Nation has almost J14.OOO,000,O0O In vauiu.
Page t.
Senator McXary gathers Irrigation data to
present lo Harding. Page .'.
Hardings begin moving into Whits House.
Page 1.
Army appropriation bill provides for only
100,000 men. Page 6.
Disarmament bill gets some backing In
senate. Page 2.
DomeNtlc.
Non-partisan organizers driven out of
Nuckolls county. -eo. page i.
Klu Klux Klan Initiates 500 candidates at
weird public ceremonial, page 1.
Marine trade pact with Britain defended.
Page 1.
Legislature.
Women of state oppose modification 01
law covering court oi aomeauc relations
In Oregon. Page o.
Eastern counties may gain more legisla
tors. Page l.
Anti-Japanese resolution is adopted bj
lower house ot iuano legislature, page o.
Bill restricts alien land owning in vvasn-
ingten. Page i.
Senate passes bill providing for survey for
new interstate oriuge. i-age jo.
Move afoot to oust Sargent from port com
mission. Page o.
Pacific Northwest.
State board ot heann elects jur. r. a.
Strieker page a.
W&shougal hank robbery lain; quintet
escape. Page
Sports.
Dempsey to get big end of purse. Page 12.
Franklin hoopers take lead In league ty
defeating Jelierson. i-age
Winged M smoker tonight lo feature
amateur amieiics. ibsb a...
Choice of University of Oregon coach nar
rowed Deiwen iiufiiiiis wu uu rnco.
Page 12.
Commercial and Marine.
Garlic industry growing In Importance In
Oregon. Page itf.
Chicago wheat market affected by carry
over estimate, -age jjj.
Strength of foreign exchange factor la
stock market, page iv.
Local firm gets two new agencies. Page 18.
Portland and Vicinity.
Police declare net ugntens on Brady.
Page 20-
Fate of Lotisso, wife-slayer, is In Jury's
hands. Page 1.
Big profl's denied by hardware retailers.
Page 20.
Skit to -e one feature of society matinee
at Liberty theater tomorrow, page 10.
Professional prizefighting condemned by
Episcopal clergy. Page 10.
Fait deal all Portland asks, says Mr. Van
Duzer at railroad conference. Page 11.
School board defers action on James John
site. Page 13.
State appropriation of $73,000 asked for
Cedars. Page 4.
Morris Bros.' creditors lavor h.. C. Alears
r.avlowa brings added charm In her dance
rHse jo.
interpretations. Page 4.
Frenzy Is Not Insanity,
Declares Judge.
VERDICT IS EXPECTED TODAY
Description of War Bride's
Murder Brings Tears.
DEFENSE TORN TO BITS
Prosecution Attacks Changing of
Tactics as to Cause of Defend
ant's Alleged Lapse.
Jurors in the murd:r trial of
Thomas Lotisso, slayir of his 10-year-old
English war bride, filled
to return a verdict last night, afur
having deliberated on the case more
than six hours.
The fate of Lotisso was placed in
their hands at 4:25 o'clock. Whin
they had failed to reach an agree
ment by 10:30 they were looked up
for the night. It was said at that
time that the Jurors, under instruc
tions from Circuit Judge Tucker, be
fore whom the case was tried, were
retiring with the intention of eml-
ing their deliberations this morn
ing. If possible.
Six verdicts are possible: Guilty of
murder In the first degree; guilty of
murder in the first degree, with
recommendation for life Imprisonment
Instead of hanging; guilty of murder
in the second degree; guilty of man
slaughter; not guilty, and not : ilty
on the grounds of insunity. First
degree murder involves premeditation
as well as purpose and malice; second-degree
murder, purpose and mal
ice without deliberation; manslaugh
ter, homicide without malice or de
liberation but committed u. the sud
den heat of an irresistible passion.
Lenrat lnnanlty Explained.
As the defense of insanity was In
terposed in the case. Judge Tucker
devoted a considerable part of his
Instructions to the jury to tho iies
tion of legal Insanity. He pointed
out that the burden of proving In
sanity rested with the defense, that
If there wae any reasonable doubt In
the minds of the Jury as to the pres
ence of Insanity that it should be re
solved In favor of the prosecution.
Legal insanity, he said. Is such as
dethrones reason and renders a per
son Incapable of distinguishing be
tween right and wrong. Eccentricity
of mind does not constitute legal In
sanity, and if a man hns reason
enough to know the nature and qual
ity of his acts and whether they aro
right or wrong he Is legally Bane, con
tinued the Judge, who went on to
assert that temporary frenzy and
anger, sometimes termed "emotional
insanity." is not legal insanity,
rrcmeilitnllou A Inn ll-M'd.
The question of premec" itation,
which distinguishes between first and
second-degree murder, was gono into
at some length by Ju.ijjfl Tucker. An
act is as much prameditatcd I? re
volved in mind a few mcmcnts before
carried out as if It was thouu-ht over
hours or months before in the eves
of the law, he assorted
"In determining premeditation, the
question is not how long d'd he de
liberate, but did he In fact deliber
ate?" he said.
Argument of Joseph H Page, as
sociate attorney witn Albert !:. Fer
rcra and Orval Perkey. for the de
fense, showed a conp.'ete snift in
theory of the defense Trum that stated
tv Ferrera In his opining statement
(Concluded on Page 2. Column t.)
HERE COMES THE STORY
I OF DOLORES CAY!
i There's a title to quicken
the fancy "Dolores Cay," the
short story offering of The
Sunday Oregonian in its next
f issue. It was written by Fred
t erick Irving Anderson, and it
greets its first readers in the
- hii? Sunday magazine section.
Who was Dolores Cay
black of tress and tragic in
her sorrow ? Or was she, after
the manner of misnomers,
sunny of hair and glance and
temperament?
Both guesses fly far from
the mark
Dolores Cay was a southern
island literally the island of
sorrows and the characters
that move about it in Ander
son's intriguing yarn cannot
fail to grip your interest to
the final paragraph.
Once each week, in the Sun
day issue, The Oregonian pre
sents a superior short story.
Search them out, for they are
j fiction equal to any magazine
7 . i . , . J
Ottering, ana me men unu
women who wrote them are
recognized literary peers.
All the News of All the World
The Sunday Oregonian
Just Five Cents