VOL. LIX NO. 18,779
Entered at Portland (Oregon)
Postofftrr M 8cori-ClM Matter
PORTLAND, OREGON, SATURDAY, JANUARY 29, 1921
TRICE FIVE CENTS
ROBBER IS CAPTURED
IN DOWNTOWN CHASE
LOAX OFFICE IS LOOTED BCT
FUGITIVE OVERTAKES.
E
RAILROADS TO CUT
COSTS $400,000,000
APPEAL- TO PUBLIC FOR SUP
PORT IS IXTEXDED.
BILL PROPOSES TAX
ON STATE INCOMES
REVEXCE 3IEASCRE FATHERED
BY REPRESENTATIVE GORDOX.
BRONAUGH APPEARS
- ELECTED AS TRUSTEE
AVERTED
1
RL1 MAY
WASH
T N 0
NO VERDICT G VEN
OVERMAN
FIGHT ARMY BILL
Opposition to Proposed
IS BLOW AT WASTE
IN LOTISSO TRIAL
MORRIS CREDITORS' VOTE XOT
VET ALL COCXTED.
Allied Experts Agree to
Annuities and Tax.
FRENCH CRISIS IS PASSED
Government Expected to Re
sign if Conference Failed.
INDEMNITY IS GRADUATED
Payments Will Be Increased as
Germany's rrosperity Grows,
Under Proposal.
PARIS, Jan. 19. The session of the
committee of experts of the allied su.
preme council ended at 12:30 o'clock
this morning, after having reached a
complete agreement on the system of
annual payments of reparations by
Germany and annuities on Germany's
foreign trade.
It now remains only for the plenary
eittlng of the supreme council today
(Saturday) to indorse the agreement,
draw up Instructions for the Brussels
experts and fix penalties for defaults
iy Germany.
Premier Briand declared as he came
from the meeting early this morning
that the conference of the supreme
council would not break up without
having reached a definite decision.
The proposed scheme provides for
the payment of annuities on a sliding
scale of from 2,000.000,000 to 6.000,
000,000 gold marks over a period of
probably 42 years and also a 12
per cent ad valorem tax on German
exports, so that her creditors will be
paid according to Germany's Increas
ing prosperity.
Belgians Effect Compromise.
The sudden ironing out of differ
ences came after two days of a con
tinually widening breach that threat
ened to break up the conference, It
being virtually suspended except for
private conferences. Official French
circles give the Belgian delegation
credit for the success in reconciling
the British and French 'viewpoints.
The project In Its final form, when
Approved by the supreme council.
ill be submitted to Germany for ac
ceptance as an agreement outside of
article 233 of the peace treaty, which
entrusts the reparations commission
with the task of fixing the amount
of the Indemnity. Then another con
fcrence will be called to which the
Germans will be invited.
French Cabinet Confers.
Conferences between small groups
of the delegates went on yester
oay in an effort to clear up the tan
lo In the situation which had arisen,
I.L Briand, the French premier, after
leaving the British premier, Mr. Lloyd
George, consulted with his colleagues
of the cabinet and later returned for
another tall: with Mr. Lloyd George.
Meantime, Mr. Lloyd George had
- received the British and Belgian rep
resentatives on the special repara
tions committee appointed Thursday,
and after some discussion these rep
resentatives returned to the session
of the committee, which had been
suspended during their absence. After
the consultation with Mr. Lloyd
George, the members of the commit
tee seemed somewhat more hopeful.
A great deal of the discussion bore
upon an ad valorem tax of from 10 to
15 per cent that It had been proposed
Germany should place on exports.
Minister Post at Stake.
Speculation was rife throughout
the day as to what ultimately would
be the result if an agreement were
not reached. The general opinion
seemed to be that, should failure re
sult, M. Doumer, French minister of
finance, would be held responsible for
raising obstructions to a settlement
of the reparations question and find
It necessary to resign.
Persons close to Premier Briand
expressed the belief that if M. Briand
were unable to conciliate the French
view with that of the British he
would report the circumstances to
the chamber of deputies and then an
nounce the resignation of the entire
French cabinet.
Late in the afternoon the alterna
tive proposition was submitted to
the French delegates, providing for
fixed annuities for 42 years plus
varying annuities figured on Ger
many's foreign trade. This plan was
suggested to give satisfaction to the
French viewpoint that owing to the
impossibility of determining now
what Germany's situation will be In
the future, no part of France's claim
should be abandoned. Under this
plan the French and other creditors
of Germany would be paid a minimum
consisting of fixed annuities and an
additional sum proportionate to the
economic prosperity of Germany.
ACSTRIAX ACTIOX MAT WAIT
Effort to Finance Country Through
Bankers Meets Favor.
PARIS. Jan. 28. It now consid
ered extremely improbable that the
allied supreme council will be able
to take any effective action regard
ing Austria at this meeting, as most
of the members appointed to study
the question have been busy since last
evening oa reparations.
Of the suggestions made, the pro-
iCeatiuued oa l'a 2. Comma i;
Frank Wilson Earns Sobriquet of
Tender-Hearted In Explaining
Why He Would Xot Shoot.
Frank Wilson, 4.7, . occupation
bricklayer and cement finisher,
earned the sobriquet of the "tender
hearted stickup" early last night,
when he entered the Reliable loan shop
of Ike B. Holzman. 130 Third street,
struck Holzman and a clerk with a
.45 automatic and attempted to es
cape with 1100 in cash and jewelry
valued at $430.
Traffic Officer Bender, who has
stood at Third and Morrison streets
for seven years, and Engineer Ahern
of the harbor patrol made the cap
ture as Wilson ran from the store
with Holzman at his heels. Holzman
drew the attention of officers and
civilians with vociferous cries of
"Stop, thief."
Wilson told deteoti,ves that he had
stood on the curb across the etreet
from the pawnshop from 11 A. It
until he decided that the time was
ripe to strike. Then he said that ha
entered and committed the robbery,
detectives declared. However, the
police declared " that a man left a
watch with Holzman at 4 o'clock to
be fitted with a new crystal. At
6:15 he called for It, tendering a J20
bill In payment. It was while George
Meyer, the clerk, waa bending over
In front of the safe to change the
bill that the robber entered. The
customer was said to have made a
hasty retreat without awaiting
change for the bill. He was thought
to have been a confederate of Wilson.
Alter vviison Had obtained the
money and Jewelry and was leaving
the store, Holzman entered. He im
mediately made a lunge toward Wil
son in an endeavor to seize the gun.
"I didn't want to shoot anybody,"
Wilson was alleged to have told de
tectives, "so I struck him with the
butt of my pistol."
Wilson was said to have made the
same statement regarding his escape,
declaring that he preferred capture
to injuring anyone. Thus the nick
name "tender-hearted."
Meyer was completely knocked out
by the pistol blow and Holzman sus
tained a bad gash. Both- men were
attended by physicians at police
headquarters and later Identified
Wilson as the man who had robbed
the store.
Wilson successfully parleyed ques
tions directed at him by detectives.
He refused to say where he had lived,
and they think he is protecting a pat
He averred that he was alone In the
robbery. He said that he had been
in Portland three days and that this
was his first offense.
HARDING TO. GO FISHING
Faster Boat to Be Taken After Vic
toria Beaches Miami.
MIAMI. Fla., Jan. 28. The house
boat Victoria, on which President
elect Harding Is cruising down the
Florida coast, tied up tonight at Fort
Lauderdale, about 30 miles above
here, and is expected to complete her
southward voyage to this port to
morrow. ,v
Miami is the southernmost point
on the Victoria's schedule, but after
a short stop hero Mr. Harding will
transfer to a faster boat for a trip
to a fishing ground to the southwest.
He will remain there In virtual
seclusion for several days before
beginning his return cruise to St.
Augustine.
BORING WOMAN IS SUICIDE
Sirs. Rebecca Dugger Shoots Self
in Heart With Rifle.
OREGON CITY, Or., Jan.28. (Spe
cial.) Mrs. Rebecca Dugger, wife of
Joseph Dugger, residing three miles
from Boring, committed suicide by
shooting herself In the heart at the
family home Thursday night Mrs.
Dugger had been ill for some time.
and this was believed to have been
the cause of the deed-
Mrs. Dugger shot herself with a
rifle in the absent- of her daughter
and son in Portland, and her husband.
She was 48 years old. and was well-
known In the Boring section of
Clackamas county.
FARM PEST TO BE GASSED
Barrage in Cotton Belt Expected to
Kill Boll Wevil.
WASHINGTON, Jan. 28. The chem
ical warfare service of the army. In
co-operation with the department of
agriculture," is preparing to lay down
a barrage of poison gas in the cotton
districts of the south calculated to
exterminate the boll weevil. Brigadier-General
Amos Freis. chief of the
service, said today that experiments
already conducted promised success.
Military gas has already been used
against rats in seaport cities and
against locusts in the Philippines suc
cessfully, he added.
15 GUARD OFFICERS QUIT
Xew Jersey Military Object to Xew
State Commander.
CAMDEN. N. J., Jan. 28. Fifteen
officers of the 3d regiment of the
New Jersey national guard resigned
today because of the election of How
ard S. Borden of Oceanic N. J., a
commission merchant, as brigadier
general in command of the entire
military forces of the state.
It was reported that the rest of
the regimental officers would resign
within 24 hours. General Borden's
election was opposed on the ground
that be bad not seen service abroad.
Cut Is Assured.
OLD CONFLICT IS RECALLEC
National Defense Act Triumph
of Oregon Senator.
OLD CLIQUE IN EVIDENCE
Measure Proposing Redaction to
130,000 Men Sponsored by
Little Old Army Crowd.
THE OREGOXIAN NEWS BUREAU,
Washington, Jan. 28, The army ap
propriation bill as it was reported to
the house today will encounter de
termined opposition both on the floor
of the house and senate. If Senator
Chamberlain recovers sufficiently
from his illness to be in his place
on the floor of the senate when the
bill reaches the upper house, he will
lead the opposition to a reduction in
the strength of the army below 175,
000.
Chairman Kahn of the military af
fairs committee will take a similar
position in the house.
Before Senator Chamberlain was
taken sick be expressed bis opposi
tion to a reduction in the strength of
the army below 176,000. In his opin
ion the reduction to 175,000 should be
only a temporary measure, made nec
essary by present condition of the
treasury. Aside from this, for the
present, it is understood that the
senator believes that a temporary re
duction in the regular army establish
ment to 176,000 would not be danger
ous. It will be recalled that in the pas
sage of the national defense act Sen
ator Chamberlain went to the mat
with former Chairman Hay of the
house committee on military affairs
on the question of the strength of a
peace-time regular army. Chairman
Hay contended for an army of about
150,000. -under what was popularly
known as the Hay bill. Senator
Chamberlain introduced a blfl fixing
the strength of "the regular army es
tablishment at approximately 226,000
in time of peace, with provision that
it could be expanded in time of war
to something like 600,000. This was
known as the Chamberlain bill, and
it was enacted , into law as the na
tional defense act.
In the fight over the measure Rep
resentative Anthony, Who reported
out the army appropriation bill yes
terday, lined up in support of the
position taken by Hay. Representa-
(Concluded on Pats 3, Column 2.)
NOT ON THE SCHEDULE. j
!r : 5 : ' ; I
,.......... .! --- ..... ---- -- -4
Reduction Held Essential to Per.
mlt Roads to Earn Fair Divi
dends Under Raised Rates.
CHICAGO. Jan. 28. Members of the
labor committee of the American
Association of Railway Executives,
in conference here on plans to reduce
expenses of the railroads, are ex
pected to announce their decision on
Monday, it was learned tonight.
An appeal to the public for sup
port in their efforts to reduce ex
penses by cutting wages and operat
ing forces, along with other econo
mies, will be issued. It was said.
The railroad executives, headed by
W. W. Atterbury, of the Pennsylvania
system, are agreed, it waa said, that
operating expenses of : the railroads
of the country must be reduced be
tween 8400,000,000 and 8500,000,000
in order to permit the roads to earn
fair dividends under the increased
rates.
AH but about $150,000,000 of this
saving, the labor committee agreed,
must be obtained by retrenchment in
the payrolls. No arbitrary percentage
of reduction in wages or personnel
could be made, according to com
mittee members, but various read
justments were forecast by railroad
operatives.
MOST OF PRUNES POOLED
90 Per Cent of Clarke urowers
join 200,000 Pounds Sold.
VANCOUVER. Wash., Jan. 28.
(Special.) The pool of the Washing
ton Growers association of Clarke
county prune growers Is now closed
and 410 growers "are signed up, own
ing 3041 acres of bearing prune
orchards and 900 acres not yet bear
lng. This is 90 per cent of the total
prune acreage of the county.
The association announced totjay
that 200,000 pounds or prunes naa
been sold, yesterday, and the demand
was Increasing. One commission firm
In New York, Instead of contracting
for a large number ot carloads of
prunes, placed an order for one car
load every ten days. This and other
Indications point to a long-drawn-out
selling season.
PROFITS ON SUGAR VANISH
Hawaiian Planters Want Congress
to Restore High Tariff.
HONOLULU, T. II., Jan. 28. (Spe
cial.) Njnthlng less than 8-cent sugar
will return a profit to Hawaiian sugar
plantations. With sugar at 6.52 cents,
the present quotation, a majority of
sugar plantations cannot expect to
make money this year unless congress
raises the tariff on foreign sugars.
What congress will do is a matter
of keenest interest to Hawaii. For
the last eight years Hawaii ' has
worked under the Underwood tariff,
which imposes a differential of 825.12
the ton, or 1.256 cents a pound.
What the Hawaiian planters hope
for is a return to the McKinley
Dingley tariff of 40 per cent au va
lorem, or 4 cents a pound.
Exemption and Deductions Provid
ed Proposal Is to Make Act
Applicable for 1921.
STATE HOUSE, Salem, Or.. Jan. 28.
(Special.) Representative Gordon
of Multnomah county, in a bill intro
duced in the house today, proposes to
tax incomes for state, county and
municipal revenues. For the first
81000 of taxable income the bill fixes
the rate of assessment at 1 per cent,
while Incomes In excess of $10,000 are
subject to a tax of 6 per cent. In
cases of single persons the exemption
is fixed at 81000, while for the head
of a family the exemption is 82000.
An additional exemption of 8200 is
allowed for each child or dependent
member of the family other than the
husband and wife.
The state tax commissioner would
have administration of the provisions
of the bill, assisted by Income tax
assessors In not to exceed 12 assess
ment districts in the state. Under
the provisions of the proposed law
the tax would be made applicable to
incomes for 1921 and all persons who
shall become residents of the state
during this year would be subjectefl
to the assessment.
ine act defines incomes as -entals.
collected on real estate, dividends
from stocks and interest derived from
money loaned or invested, In notes.
accounts, bonds or other evidences of
debt of any kind whatsoever. Also
the share or part to which any per.
son would be entitled of all gains
and profits from corporations, joint
stock companies, co-partnerships, as
sociations; all wages, salaries or fees
from service, except salaries received
by public officials for public service,
which are exempted.
Incomes also include profits derived
from the transaction of business or
from the sale of real estate or other
capital assets.
Every person residing In the state,
regardless of whether his taxable in
come is aerivea irom property or
business located within or without
the state would be subject to the as
sessment under the act.
The bill also provides that deduc
tions In computing net Incomes shall
be allowed for wages paid to em
ployes ana salaries of officers; ex
penses necessary to the conduct of a
business, losses not covered by insur
ance or otherwise, interest paid on
existing indebtedness except such as
might be incurred for the purchase of
obligations or securities, the Interest
upon which is exempt from taxation,
pensions and soldiers' bonuses; taxes,
inheritances, bequests and gifts, divi
dends from banks subject to taxation
by the state, worthless debts, com
pensation or damages lor injuries,
sickness or accident and contributions
to religious or educational institu
tions. Provision is made In the bill that
30 per cent of the tax shall go to the
state and 70 per cent to the county
in which it is collected. The latter
fi'nd then would again be divided be-
wecn the county and its various po-
itical subdivision
Radical, Changes in Gov
ernment Proposed.
RELIEF DEMANDED BY PUBLIC
Details Secret Until Up in
Legislature.
CONSOLIDATION BIG IDEA
System Differs From Attempt Made
in Oregon to Dispense With
Unneeded Officials.
BT RONALD G. CALLVERT.
OLYMPIA, Wash., Jan. 28. (Staff
Correspondence.) If there Is accu
racy in the predictions of the most
competent observers of tne Washing
ton legislature, the administrative
code, which completely reorganizes
state government except in particu
lars fixed by the constitution, will be
finally enacted early In the coming
week. -
There is greater significance in this
statement than may appear from its
bare recital. Let It be understood
that this elaborate and complex code
was not given to the .public for dis
cussion before the legislature con
vened. The legislature as a body
knew naught of its provisions until
the bill was introduced.
Hearings Held In Senate.
A complete understanding of it re
quires a technical knowledge of state
government that few men possess and
few have the time or opportunity to
acquire. Tet it passed the house-with
scarcely a ripple of opposition.
In the senate It received public
hearings but they attracted only a
few persons who had something to
say on the subject. If it is adopted in
the time set it will, with all its sweep
ing provisions, have become a statute,
within 20 days after it saw the light
of publicity.
This singular acceptance by the
legislature and the public of the code
without question causes one to won
der whether the procedure indicates
the courage ot faith or the Indiffer
ence of despair, d.' a good deal of both.
Lovrdrn'a Itecord Cited.
On the score of faith there is the
good repute given the record Gover
nor Lowden has made with a some
what similar code in Illinois. This
record was brought prominently to
public attention during the days pre
ceding the republican national con
vention. On the score of despair,
there is the frequently uttered com
plaint that Washington is regulated
ard inspected to death. Without ques
tion there are many persons who feel
thai any change in system must be,
if not for the better, at least not for
the worse.
There is, too, In the form of the
bill a certain deference paid, whether
wittingly or not. to a very definite po
litical psychology. The experience of
Oregon in 1915 may be cited for pur
poses of Illustration. It will be re
called that In that year a vigorous
effort was made to obtain from the
legislature a series of laws consoli
dating departments and eliminating
overlapping functions.
Orearoa Bills Brutally Frank.
It was one of the early campaigns
of the kind, preceding even the suc
cessful efforts of Governor Lowden.
The Oregon bills were brutally frank
In their purpose. They abolished a
job here and lopped off an official
head there and carried the equally
frank purpose to dispense with the
services of a large number of lesser
employes.
There was no special Inducement
offered to the officers retained to
take over the extra work that was
to be conferred upon them. The re
sult was that whole offioes full ot
employes became active lobbyists
against the bills and there were no
lobbyists working for the bills.
Every big and little Interest served
by an official who was in danger of
losing his job was solicited to aid in
the defense of place, and many re
sponded with letters and telegrams
to members. ' The whole story need
not be retold, but consolidation, ex
cept in some very small particulars,
failed.
Washing-ton Code Politic
The Washington consolidation
measure, or administrative code, as it
is called, is more politic By way of
preliminary, it should be understood
that an attempt to increase state
officers' salaries was recently de
feated by the voters of the state; let
it also be understood tnat no clerk
or deputy in a state office under the
present system of requiring the con
sent of the legislature has much
chance to get a "rise. Now, while the
code abolishes 70 offices and com
missions, it creates ten new jobs as
department director which will pay
up to $7500. and it creates numerous
assistant directors at presumably bet
ter salaries than now prevailing in
similar positions.
All employes in the abolished of
fices and departments are retained
in the service of the state for reas
signment by general . administrative
board at salaries to be fixed by the
board, or until dismissed. Clearly
there Is to be a general upward trend
of salaries, but It 's also clear that
all present state employes cannot be
retained t.t higher salaries and any
(Concluded on Fag 3, Column 3.)
Ex-Judge, However, Seems to Be
in Lead, According to An
nouncement by Referee.
Earl C. Bronaugh, ex-circuit Judge
of Multnomah county and well
known Portland lawyer, appeared
easily to have won the nomination for
trustee of the wrecked bond house of
Morris Bros., Inc., bankrupt, at the
session of creditors held yesterday
morning, according to announcement
last night by A. M. Cannon, referee.
Tabulation has not been fully com
pleted, but as far as it had progressed.
Judge Bronaugh was far in the lead.
Official announcement of the re
sult of yesterday's vote and a state
ment as to whether, if Judge Bron
augh is the choice of the creditors,
his selection is approved will be
made by Referee Cannon at a meet
ing to be held in Pythian hall. West
Park and Yamhill streets, at 10
o'clock next Tuesday morning.- If he
Is elected and approved by that time,
he will proceed to qualify and take
charge of the bankrupt estate as
trustee and will have charge of liqui
dation of the assets, it was an
nounced. About 400 creditors were present at
the meeting, which was called to
order at 9:30 and continued until
12:15. Nominations were made from
the floor and although Referee Can
non had announced that he would not
approve anytrust company, the Port
land Trust company, Emery Olmstead
and S. D. Vincent and the Title &
Trust company, through Robert E.
bmlth and Judge Bronaugh, were
nominated. Both trust companies
withdrew, however, leaving in the
field only Judge Bronaugh and E. C.
Mears.
FORD'S GAIN IS NOW 2672
Recount Covers 1963 of 2232 Pre
cincts in State,
WASHINGTON, Jan. 28. A net gain
of 2672 votes was recorded for Henry
Ford today by the senate committee
recounting the ballots cast In his 1918
senatorial election contest against
Senator Newberry of Michigan, whose
plurality was about 7500.
At the close of work today 1963 of
the 2232 precincts In the state had
been recounted, Including the ninth
ward of Detroit.
SUFFERER FLIES TO TOWN
Farmer With Toothache Makes Air
Trip to Dentist.
OMAHA, Jan. 28. C. R. James, an
aviator, left here by airplane today
for Little Sioux, la., so William Peter
son, a farmer of that place, who is
suffering from toothache, might re
turn by air. to Omaha for immediate
attention.
The dentist Insisted that quick
work was needed.
AVIATOR KILLED IN FALL
Companiou Is Injured Seriously
When Army Plane Crashes.
COBLENZ. Jan. 28. Lieutenant
Clarence M. Cutler of Massachusetts
was killed, and Lieutenant Chester P.
Dorland of San Diego, Cal, seriously
injured in an airplane accident at
noon today.
Their plane went Into a tail spin
and crashed.
INDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S Maximum temperature, 48
degrees; minimum, 89 degrees.
TODAY'S Rain; winds mostly easterly.
Foreign.
Breach la averted over reparation. Page 1.
Japan evades Issue In reply on killing ot
American lieutenant. Pair 2.
Party of Britsns proporeVo establish simple
lite colony on South Sea Island. Pag 3.
National.
Senator Chamberlain may lead senate
fight en army bill Page 1.
Benaon to resume British pact probe
Pan 3
New rocks appear In path of Pordney
emergency tariff bill. Page 2.
Indirect recognition of Ireland defeated In
-house. Pae 2.
Legislature.
State Income tax bill Introduced. Pago 1
Washington ' state legislature adjourns
until next Monday Pago s.
Withdrawal of prohibition measures from
senate 15 asked. Page 6.
Idaho bills make target of tuberculosis
hospitals fund. Page 5.
Bill Introduced for cash bonus for home
loan. Page 7.
Washington code makes waste Its target
Page 1.
Domestic.
Railroads to cat wages 8400,000,000 to
8500,000,1)00. Page 1.
rarlflc Northwest.
Seattle rate cut on wheat and hay Is
forced by Portland. Page 7.
Sports.
Phil Neer is placed first In list of ten
northwest tennis stara. Page 12.
Jamey John basketbsll team defeats Lin
coln, 81 to 13. Page 12.
Orego agricultural college gridiron sched
ule for 1921 Is announced. Page 12..,
Multnomah club athletes make clean
sweep of matches at smoker. Page 12.
Commercial and Marine.
Portland out-cargo record for 1920 in fed
eral ships exceeds that of San Fran
cisco. Page 13.
Possibility of world wheat shortage pointed
out Page 17.
Wheat closes unsettled in Chicago market
Page 17.
Hill railroad shares In demand la Wall
street market Page 17.
Portland and Vicinity.
Lotisso Jury fails to agree and la dis
charged. Page L
Fire marshal to offer ordinance requiring
theaters to seat every ticket holder.
Page 10.
Shoplifting loot seized: four men, woman
Jailed. Pago IS.
Ex-Judge Bronaugh appears elected trustee
by Morris creditors. Page 1.
Daring robber captured in downtowa
chase. Page 1.
328 Diplomas awardrd graduates of seven
high schools. Page 4.
Auditorium use denied un-American speak
ers. Page 1.
Jury Is Discharged When
Unable to Agree.
IMPASSE EXCEEDS 24 HOURS
None for Hanging, None for
Acquittal Is Report.
SOME FAVOR LENIENCY
Deadlock Reached on First Degree,
Second Degree and Man
slaughter Attitudes.
Convinced that there was no possi
bility of agreement between the
jurors who had listened to the evi
dence in the case of Thomas t otisso.
charged with the murder of his pretty
English war bride, Circuit Judge
Tucker discharged the panel at 6:05
o'clock yesterday afternoon after
their deliberations had continued for
24 hours anu 40 minutes.
Jurors, Interviewed after their re
lease, asserted that at no time did
any of their number stand out for
hanging, but also that acquittal was
not even mentioned. More than 75
ballots were taken, during which the
shift between those who stood for
murder In the first degree with life
imprisonment, those who voted for
conviction of second-degree murder
and jurors who balloted In favor of
manslaughter was slight.
One Jnror Determined.
"I'd have stayed there a month."
was the assertion of one juror, over
heard as he was descending in the
court house elevator, indicating the
degree of conviction which caused
the deadlock.
At one time there was a possibility
of a compromise on conviction of
murder In the second degree. At
3:15 yesterday afternoon, the Jurors
filed into the courtroom to lsk for
information. They wanted to know if
it were possible to bring lr. a verdict
of second degree murder with a rec
ommendation to the court (or len
iency. Judge Tucker Informed them that
thore was no leniency which the
court had power to grant, that the
statute fixed the penalty for murder
in the second degree and that It war
lite imprisonment.
Mannluagater Jurors Firm.
Those standing for manslaughter,
of which it is known there were at
least three, would not consent to a
conviction carrying a penalty of life
imprisonment without possibility of
Judicial clemency. Albert B. Ferrera,
ono of the attorneys for the defense,
asserted that two Jurors after the
trial assured him that there were at
least nine who held out for nothing
greater .than a verdict of manslaugh
ter throughout the balloting. But
Joseph H. Page, associate counsel for
the defense, was told by a Juror that
at least six were constant in their
voting for conviction of murder In
the first degree without the death
penalty, and three for manslaughter.
Both attorneys for the defense ex
pressed themselves ' as greatly dis
appointed at the discharge of the Jury,
asserting their confidence that some
verdict would have been reached had
men been kept out another 24 hours
"It's cruelty to animals," was the
comment of Judge Tucker. "The men
do not agree now and see no hope of
doing so. In the face of this, any ver
dict forced from them in order to
escape virtual Imprisonment which
is theirs during their deliberations
would be a weak compromise and
would not represent the honest con
victions of the 12 men consenting to
it"
When the Jury was brought in
shortly after 6 o'clock, the foreman,
Joseph Wiley, was asked by Judge
Tucker if there were any chances of
an agreement.
Disagreement Is Reported.
"I hardly think so, your honor,"
he replied,
The Jury was asked to retire for a
moment to consider the possibility o(
ever agreeing.
"Your honor, we cannot agree on a
verdict," reported Wiley, when they
returned to the courtroom. "Some of
us cannot change our convictions."
Lotisso killed his 19-year-old wife
on the early morning of November
30 as she was fleeing from him after
having been abducted in an automo
bile from which she escaped at Four
teenth and Alder streets. She was
shot down and more bullets pumped
Into her body from the automatic
pistol in the hands of Lotlsso as she
attempted to raise herself from the
pavement
The claim of the defense was that
Tessie Lotisso had been unfaithful to
her husband, that she disclosed the
full deptn of her Infidelity to him
that night, and that he shot her In
an unreasoname rage. emotional
ir.sanity" was pleaded.
A retrial of the case early In
March is expected. Joseph L. Ham
mersly and Earl F. Bernard, deputy
district attorneys, conducted the
prosecution.
Code Change to Be Asked.
A direct result of the outcome o:
this case probably will be an amend
ment to the Oregon criminal code dur
lng the present session of the legis
lature, declareu District Attorne..
(Concluded on Faze 3. Column 2.)