Morning Oregonian. (Portland, Or.) 1861-1937, July 07, 1921, Image 1

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    VOL. LX-NO. 18,91 6
Entered at Portland (Oregon
Postofftce a? Second-Class Matter.
PORTLAND, OIIEGOX, THURSDAY, JULY 7, 1021
PRICE FIVE CENTS
DANGEROUS HIGHWAY
CURVES TO DISAPPEAR
OFFICIALS' TRIP WEST
IS HALTED BY DAWES
GROWERS TO UPHOLD
GRAIN DISCOUNT LAW
SMUTS SEES KEY
!$50,000 FIRE RAZES
KEPT OFF
MILL AT REEDSPORT
CITY'S POPULACE SAVES TWO
BIG LUMBER PLANTS.
TO DEFER
TO IRISH PROBLEM
OF KABER JURY
STATE COMMISSION DIRECTS
REMOVAL OF BLIND TRAPS.
CABINET MEN TO STAY HOME
TO EXPLAIN ACTIONS.
MILLERS' THREAT TO IGNORE
RULES PROMPTS ACTION.
RMIWS SIT
KILLS in
WOMEN
1
V
Ex-Convict Dies After
Capturing Three,
WOMAN PLACED AS SHIELD
Orchardist Wounded, Family
Stolen When Address of
Girl Is Refused.
REVENGE THOUGHT MOTIVE
JJuther Fagan, Sentenced
After Attack on Nurse, Re
turns to See Her Again.
HOOD EIVEK, Or., July 6.
(Special.) Luther Fagan, ex-convict,
today shot T. J. Miller, Oak
Grove orchardist, kidnaped Mrs.
Miller, their daughter Pearl and an
1 1-year-old boy, Arthur Anderson,
and later was killed when posses
from all parts of the valley sur
rounded him in a burned-over tract
r, short distance from the Miller
home. The shot that ended Fagan's
life was fired by Herman Pregge,
Oak Grove rancher and a noted
marksman.
The shot that lulled Fagan was
fired about sunset. For two hours
Fagan had held the posse at bay.
The Miller automobile, bearing in
addition to Fagan and Miss Miller
the latter's mother and Arthur An
derson, foundling from the Portland
Boys' and Girls' Aid society home
who had recently been taken by the
Miller family to raise, was" sur
rounded. , Threats Made to Kill.
Fagan, with his pistol pressed
against the young woman's body,
with threats to shoot if officers or
citizens of the posse approached too
closely, alternately laughed scorn
fully and cursed bitterly at the of
ficers. Frequently members of the party
tried vainly to draw a bead on the
cpparently crazed desperado, but the
proximity of the man and the wom
an in the car caused them to with
hold fire for fear of injuring or
killing the latter.
When Fagan sighted threatening
moves of men with guns, he would
renew his threats against the young
woman. The pleas of officers and
cititzens apparently only had the ef
fect of increasing his anger at the
two women. He declared his inten
tions of killing them before he would
release them. Finally Fagan was
offered a purse of $50 if he would
permit the Anderson child to go
jjee. He accepted, and City Marshal
William Hart went forward with the
money.
Girl Used as Shield.
Fagan left the car, pushing the
Miller girl ahead of him with his
left hand while he pressed the pistol
ugainst her body with his right. As
he reached for the money Mr.
Piegge fired, his bullet plowing
through the top of Fagan's skull.
The death scene was witnessed by
tibout 200 persons, a sprinkling of
women having joined the posse.
Mr. P;es0a stated tonight that a
thot we- j.ired by another member
rf the possj simultaneously with his
own. The bullet from his gun, how
ever, is considered to have killed Fa
tan. Citizens called on him tonight
to congratulate him on his steady
hand.
Mrs. Miller and her daughter, who
for six hours were in fear of their
lives, stood the ordeal well. Both
suffered ncvous collapse immediate
ly following the shooting of Fagan,
but' soon rallied and became com
posed. When the shot that killed
Fagan rang out, the man, with a
convulsive movement as he fell,
dragged the girl backward. She
screamed, and for a moment it was
thought she had been shot. "I hope
Mr. Pregge doesn't let his conscience
hurt him," said Mrs. Miller. "His
act is comparable to that of killing
a mad dog."
shnt v; at rv;,-,
Mr. Pregge was standing nearly
ii-u ieei away irom me pair as they
approached Marshal Hart with the
money. Fagan, with the girl in
iCmcluded on Page 0, Column 3.)
Portland-Astoria Unit of Columbia
River Drive Will Be Made
Safer for Motorists.
ASTORIA, Or., July . (Special.)
Work on removing: all the dangerous
blind curves on the Columbia River
highway between Astoria and Port
land will be started next Friday
morning:. This was the announcement
made here today by J. J. Lynot, su
perintendent of that division of the
highway, and J. "V. Foster, construc
tion foreman. A force of between 35
and 40 men was at work slashing
the brush preparatory to the grading:,
and this force will be increased to
about 100.
The decision to eliminate the dan
gerous curves, which in many cases
have contributed to serious accidents
to motor cars on the Astoria-Portland
division of the highway, was
reached by the state highway com
mission, following a personal inspec
tion made last Thursday by Com
missioner Yeon of Portland, who
made the trip from that city here,
accompanied by W. D. Clark, di
vision engineer for the Columbia
River highway, and Superintendent
Lynot.
On this trip the final plans for
the cutting down of curves and elim
ination of blind curves, so that mo
torists traveling in either direction
will have an unobstructed view for
a distance of at least 400 feet at
the turns, were made.
The several crews will work out
of Astoria, Rainier and Clatskanle.
KIDNAPING S0N CHARGED
Hugh McGuire, Baker, and Child
Held at La Grande.
LA GRANDE, Or., July 6. (Spe
cial.) Hugh McGuire of Baker was
taken off of the late westbound train
last night and placed In the city jail
on request of the sherifrf of Baker
county on a kidnaping charge.
McGuire had with him his little son.
from whom he refused to be parted,
and the little fellow spent the night
with his father in the cell. It is his
son whom McGuire is alleged to have
kidnaped following a quarrel with his
wife.
McGuire stated today that his do
mestic trouble had worried him a
great deal and that he was willing
to leave everything but his little eon
for his wife. . McGuire and 'the child
were on their way to Portland when
apprehended here. They will be taken
to Baker for a settlement of the
trouble.
JEAN SUMMERS HONORED
Girl to Be Sponsor at Launching of
. Dreadnought AVashington.
THE OREGONIAN NEWS BUREAU,
Washington, D. C, July 6. Jean Sum
mers, 10-year-old daughter of Rep
resentative and Mrs. John W. Sum
mers of .Washington, has been named
by Governor Hart of Washington to
act as sponsor at the launching of the
dreadnought Washington at the New
York shipbuilding plant at Camden,
N. J., in September.
Reports reaching here from Wash
ington stated today that a boom had
been started -for Representative Sum
mers for the republican nomination
for governor three years hence.
brought this modest statement from
Mr. Summers:
. "My time is fully occupied with my
present official duties.' .
WATERS YIELD OLD WRECK
Part of Sunken Ferryboat Pulled
Up on Liner's Anchor.
SAN FRANCISCO. July 6. A re
minder of a bay tragedy of 20 years
ago was given up by the waters off
Alcatraz island today when the walk
ing beam and part of the engine of a
ferryboat were dragged to the sur
face after they had fouled ' the
anchors of the Matson liner Matsonia,
which was returning from Honolulu.
The machinery, worn by the action
of the sea and covered with marine
growth, is believed to be that of the
ferryboat SanRafael, which was sunk
in a thick fog off Alcatraz in No
vember. 1901, by the ferryboat Sausa
lito. MOST SOLDIERS WANT OUT
All Enlisted Men in Some Com
panies Ask for Discharges.
CAMP LEWIS. Wash., July 6. Two
thirds of the men in the 4th division
here want to quit the army. Colonel
Joseph 1. Leith, chief of staff, an
nounced today.
Wholesale requests for discharges
have been filed following posting of
orders that discharges will be granted
all enlisted men who apply as a means
of reducing the national army to 150.
000 men.
Camp Lewis now contains 7200 men,
and fully 5000 of these desire dis
charges. Colonel Leitch said. In some
companies every enlisted man has ap
plied for discharge.
PICKF0RD DECREE TARGET
Nevada Attorney-General Takes
First Step In Appeal.
RENO, Nev.. July 6. District Judge
Langan, at Minden, today gave the
attorney-general until next Tuesday
to file his bill of exceptions to the
decision upholding the Mary Pickford
divorce.
This is the preliminary step to an
appeal to the state supreme court by
the state's attorney. k
Cost Will Stagger Nation,
Declares Mellon.
DEPRESSION DANGER CITED
Disbursements Under Act Are
Placed at V2 to 5V2 Billions.
HEAVY BURDEN OPPOSED
Underwood Charges Attempt to
Measure Soldiers Services In
Terms of Dollars.
WASHINGTON, D. C, July 6. With
a warning that there is grave danger
of an immediate government deficit.
Secretary Mellon asked congress to
day to defer action on the soldiers'
bonus bill.
"This is not a time to impose sev
eral billion dollars of new liabilities
on an already overburdened treasury,"
the treasury secretary said to Senator
Frelinghuysen, republican. New Jer
sey, in a letter which was read in the
senate when the bonus bill was called
up. The bill already has been ap
proved by the house and the letter
was in response to a request from
Senator Frelinghuysen for a state
ment of the financial obligations
which the bill would place upon the
government.
The letter was characterized by
Senator Underwood, democratic lead
er, who after its reading made an
attack on tho bill, as "strong, force
ful and to the point." In enacting the
bifl, the Alabama senator said, the re
publican majority would "writs in
the country's history that men no
longer sacrifice, but measure their
service in dollars." Replying briefly.
Senator McCumber, republican. North
Dakota, in charge of the bill, denied
that any attempt was being made to
measure the services of soldiers of
the world war in dollars.
" Cost Sstlmated at Bfllionia.
Mr. Mellon estimated' that the bill
would cost the country between a
billion and a half and five and a
quarter billion dollars, that it would
"swell the cost of government and
virtually defeat the administration's
programme, of retrenchment and
economy," and that it would block "all
refunding operations on the national
debt, and depress further the prices
on liberty bonds." .These, he said,
would be "inevitable direct financial
consequences," adding that probable
indirect results would be "grave dan
ger of renewed inflation, increased
commodity prices, and unsettled busi
ness conditions."
All of his estimates, the secretary
explained, were devoted merely to
the cash payment sections of the bill,
and took "no account of expenses of
(Concluded on Page 2. Column 2.)
.................
YOU KNOW WHAT USUALLY HAPPENS TO A HEN THAT REFUSES TO LAY. J
Overhauling of Government De
partments Keeps Heads Alert
to Supply Information.
I
THE OREGONIAN NEWS BUREAU,
Washington. D. C, July 6. Cabinet
officials visiting the Pacjflc north
west this summer are to be few and
far between. And for the same cause
several other notables high up in the
government are giving up plans for a
vacation trip on the Pacific c ast-
The reason is that General Charles
J. Dawes of "Hell and Maria" fame
is getting so busy calling for infor
mation on how certain departments
are being run. and at the same time
demanding reforms, that all of the
gentlemen helping to run the govern
ment find it incumbent upon them to
stay in town, notwithstanding tem
peratures nestling close around the
100 mark for more than three weeks
Past.
The first hint of blasted hopes
came today in the information that
Secretary of the Navy Denby had dis
covered serious obstructions in the
way of his western tour. He said
more important business appeared
likely to keep him here for the
season.
Secretaries Weeks and Hoover had
talked some about going west, but
both are able now to announce def
initely that their business will keep
them here. Secretary of Interior
Fall, alone of all the cabinet mem
bers, seems not to have had his pro
gramme upset by the activities of
Mr. Dawes and still thinks he will
start west next week.
Colonel Charles R. Forbes, director
of the -war-risk insurance bureau,
also has given up a proposed west
ern trip and is said to have beaten
all of the bureau chiefs in town in
the preparation of reorganization
plans. The minute that General
Dawes calls on him, it was said in
the war-risk bureau today. Colonel
Forbes will be able to answer with
concrete plans for a complete over
hauling of the bureau which handles
all of the claims of soldiers of the
world war.
Just as soon as the Sweet bill, al
ready approved by the house, is en
acted by the senate, Director Forbes
will be ready, he said today, to name
the district supervisors for the war
risk bureau at Portland, Tacoma, Spo
kane, Aberdeen, , Bellingham and
Walla Walla. . . ..
DALLAS DEFEATS BONDS
Funds for Sewer and Water Main
Improvements Denied.
DALLAS, Or, July 6. (Special.)
Two bond issue proposals, submitted
to'the people of the city at an elec
tion today, were defeated. A vote
estimated to be about 25 per cent of
the registration was cast.
The proposal to Issue $25,000 in
bonds for the construction of an ad
ditional septic tank and other sewer
improvements was defeated 97 for
and 133 against.
The proposal to issue $15,000 is
bonds to cover the cost of contem
plated extension of city water mains
for fire protection purposes was lost
113 for to 117 against.
"ifji' 'in' . - ' -t :
Umatilla County Grain Interests
Take Steps to Compel Com
pliance With Statute.
PENDLETON, Or.. July 6. (Spe
cial.) Umatilla county grain grow
ers will oppose in every way pos
sible the action taken by the North
Pacific Millers- association, which, in
a recent convention in Portland,
adopted a resolution to disregard the
grain discount laws of Oregon and
Washington as unfair and in con
flict with federal grain standards.
At a meeting of the Umatilla coun
ty farm bureau here this afternoon
it was. decided that the federation
would back the recently passed state
law, even to the point of instituting
such suits as might' b necessary to
test the validity of the state law la
order to- force the grain dealers to
obey it A committee was appointed
to represent the farmers of the coun
ty in the matter.
It will be known as the grain dis
count committee and is headed by Roy
Ritner, president of the Oregon sen
ate, who largely was responsible for
the passing of the state law. The
committee will meet Saturday to out
line the first steps.
The bureau also indorsed a resolu
tion calling for an investigation con
cerning the discounts which the buy
ers of grain may seek to establish
during the 1921 season, and that the
members of the association be kept
informed of these discounts so that
the producers may act intelligently in
the contracting of grain and In ful
fillment of their contracts.
Refuting the millers' contention
that the state law conflicts with the
federal law, a reply to a telegram
sent by the Walla Walla Commercial
club to Senator Pointexter, at Wash
ington, D. C, was read. Senator Poln-
dexter eaid that in the opinion of the
secretary of agriculture the "federal
regulations and state statutes are
identical, with the exception that
state statutes go further and fix dis
counts as well as standards and that
there is no conflict of law or regula
tion involved.""
AUTO MEN INDORSE FAIR
Executive Board of National Asso
ciation Favors Portland.
NEW YORK. July S. (Special.)
The Atlantic-Pacific Highways and
Electrical exposition to be held in
Portland in 1925 was unanimously In
dorsed at the annual meeting of the
executive board of the American Au
tomobile association held in this city
today, through the efforts of Will P.
Strandborg and L. B. Warford, both of
Tortland.
Wide publicity will be given this in
dorsement through all of the affili
ated automobile clubs snd organiza
tions throughout the United States.
FLOUR DROPS 40 CENTS
Decline in Wheat Prices Afreets
Market for Flour.
SAN FRANCISCO. July 6. Flour
dropped 40 cents a barrel to J8.90 on
the San Francisco market today.
Lower wheat prices were given as
the reason.
Bright Hopes Arise From
Sinn Fein Meeting.
PEACE PLANS KEPT SECRET
Suspension of Hostilities Is
Paramount Question.
REPORT " IS APPLAUDED
South African Premier Slated to
Present Proposals From De
Valera at New Conference.
LONDON. July 6. (By the Asso
ciated Press.) General Jan Christian
Smuts, premier of the Union of South
Africa, who has just returned from
a visit to Ireland, publicly expressed
his opinion tonight that the Irish
problem is a soluble problem. This
statement was greeted with loud
applause by the distinguished com
pany which attended a dinner given
in honor of General Smuts by the
South Africa colony in London.
General Smuts opened his speech
by declaring that he had not aban
doned hope of America. "She is a
coy maiden and must not be wooed
too warmly," he said. "I want to see
America pull with us in this great
world service that today is being
rendered by the British empire almost
alone."
.Then alluding humorously to his
visit to Ireland, he declared he found
the people "divided into two classes
those in jail and those on the run."
He added that he himself had been
among those on the run. seeking to
escape reporters and cameramen.
Problem Held SoluMe.
The Irish problem, said General
Smuts, was one largely engaging "the
whole British empire." It was a
problem, however, on whirl! he could
not speak tonight, except to express
the belief that it was soluble, and
that "if we all help to create a better
atmosphere and are determined to
wipe out what is really a stain on the !
empire's record, we shall succeed. j
"Therefore," he continued emphat
ically, "I think I am hopeful, I trust,
that the question will be solved and
that thereby the British empire will
be freed from the imputation that in
this ancient part of the United King
dom there still exists violation of the
fundamental principles upon which
the empire rests. I say that the prob
lem is soluble because I have seen it
solved in my own country under cir
cumstances no less embittered than in
Ireland, but certainly of a very diffi
cult character, too.
"If ever the problem of subjection
of one nation to another presented a
hopeless view, it was in South Africa.
But finally in a spirit of give and
take, forbearance and trying to ren
der something to the point of view
of theother Bide, which solved the
problem, and today South Africa is
one of the happiest countries in the
empire. Our forbearance and self
sacrifice have paid us handsome divi
dends in our national life."
The general ' conferred here with
Premier Lloyd George, Sir James
Craig the Ulster premier, and Earl
Middleton, the southern unionist
leader.
General Smuts reported the result
of his talks with the Sinn Fein
leaders.
Conference la Secret.
The conference was surrounded
with . the greatest secrecy, but was
understood to have concerned Itself
primarily with conditions for the
possible suspension of hostilities in
Ireland considered the most impor
tant step in the progress of peace
deliberations.
Those concerned in the discussions
yesterday at Dublin were reticent as
to the matters considered. Officials
generally appear loath to talk on the
Irish question, but there is a certain
degree of optimism that the Irish
situation may be on its way to solu
tion. Favorable Reanlta Foreseen.
rremier Lloyd George presided over
today's conference. Among the con
ferees were also Sir Hamar Green
wood, chief secretary for Ireland;
Lord Birkenhead, the lord high chan
cellor; Edward Shortt, the secretary
for home affairs, and A. J. Balfour,
lord president of the council.
Sir Horace Plunkett later joined the
conferees. This gave rise to still
further hopes of favorable results
from the conference in view of Sir
Horace's position in Irish affairs.
Officials said any announcement at
this time might be prejudicial to
peace.. It is believed, however, that
Uenera Smuts brought from Mr. De
Valera and his associates definite
proposals and that the reply to these
will have a great bearing on Friday'!
conference in Dublin.
POLICE PATROL AMBUSHED
Four Constables Are Wounded in
15-Minute Battle.
DUBLIN July 6. The negotiations
under way for peace in Ireland have
I not as yet brought about an armistice
and today soldiers were searching
pedestrians believed likely to be
(.Concluded ua Page 3, Column 1.J
I
Blaze Which Threatens to Wipe
Out Whole Town Is Checked b
Use of New Water System.
REEDSPORT. Or.. July 6. (Spe
cial.) :Flre which started at 6:30
o'clock tonight, and laid- to spon
taneous combustion, destroyed the j
iT.ceus.port pianing mill, wun a loss
of $50,000, three residences nearby.
and for a time threatened to wipe out
the whole town of Reedsport.
Efforts of the male populace of
Reedsport, supplied with water
throusrh a new sisn nnn Rvtm r.rr t
ly installed, confined the fire to the
planing mill and sayed the large saw
mills of the Reedsport Lumber com
pany and the Johnson lumber mill,
the plant of the Pacific Fish &. Cold
Storage company, in addition to large
stocks of lumber, railroad cars and
other material.
The fire started in the storeroom of
the Dlaninz mill. nhri lqr?p nuanti-
ties of planed lumber were piled. A
quantity of gasoline is said to have
ignited from spontaneous combustion.
In two hours the plant was destroyed.
Insurance totaled 12,000. The plant
was owned by H. C. Morris and C. L.
Johnson. Two of the residences were
owned by workmen and the other by
Mr. Johnson.
The large mills threatened con
stituted almost the entire industrial
structure of Reedsport.
BELLS FACE REGULATION
Proposed Tacoma Ordinance Would
Limit Kinging of Cliiines.
TACOMA. Wash., July 6. (Special.)
Church bells must not ring at un
seemly hours or for unreasonable
lengths of time; street cars must not
run on flat wheels; the curves on thw
car tracks must be greased; whistles
of any kind or steam escaping: must
not continue longer than five sec
onds; automatic or mechanical mu
sical devices must not play in front
of the movies or other shows, if the
ordinance introduced at the city coun
cil today by Commissioner of Public
Safety Shoemaker is passed.
The ordinance defined nuisances in
the city limits and provided for their
abatement, and if the church bell
rings too long the church can be
abated by .order of the city officials
under its terms.
Can you beat it, and In Tacoma?
CALIFORNIA IS LIKE OVEN
State Swelters Under Tempera
tures Above One Hundred.
SAN KRAXCISCO, July 6. With a
temperature of 94 at 1 o'clock this
afternoon, San Francisco experienced
one, of the hottest July days in its
history and from many other towns
throughout California hot weather
was reported.
At- Needles, according to official
figures, the temperature rose to 120,
and at Red Bluff and Sacramento to
106 and 104, respectively. ,
Temperatures in other cities were
as follows:
Eureka, 60: Fresno, 106; Los An
gMes. 80; Point Reyes, 75: San Jose
102; San Luis Obispo, 92; Visalia, 110
Today, with 94, was the hottest July
day since July 7. 1898, when locally
it was 96.
INDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S Maximum t-mpraure, 82
degrees; minimum, 53 degrees.
TODAY'S Fair; continued warm: north
westerly winds.
Foreign.
British fleet off to oppose Turks. Page 3.
Smuts sees end of Irish trouble.. Page 1.
National.
Cabinet officials abandon trips west to an
swer Dawts" Questions. Page 1.
Senate sends navy bill back to house.
Page 2. .
Philadelphia hits at Portland fair. Page 2.
Congress confronted by problems of tax
ation. Page 4.
Consrress advised to defer action on bonus.
Page 1.
Debate on tariff Is expected today. Page 4.
Domestic.
Crime wave laid to prohioltion law. Page 3.
Women kept off of Kaber jury. Page 1.
Seattle man after fortune in Gotham.
Page 20.
National Education association reaches
crest of convention. Page 6.
I'arlfic Northwest.
Dangerous curves on Columbia river high
way to be erased. Page 1.
Annual conference of Christian church in
Oregon in progress. - Page o.
Rancher shoots and kills kidnaper. Page 1.
Reedsport has i0,000 fire. Page 1.
Umatilla grain growers will uphold Oregon
state discount law. Page 1.
Sports.
Paclfic Coast league results: At Los An
geles 0. Vernon 6; at San Francisco 2,
Oakland 6. No other games; teams
traveling-. Page 12.
Reinsman distinguishes himself In-grand
circuit races. Page 12.
Dempsey believes fight plot existed. Page 12.
Jimmy Darcy anxious to fight Georges
Carpenticr. Page 12.
McCredies apparently do not want to soli
franchise. Page 13.
Commercial and Marine.
Egg storage operations this year expected
to show profit. Page 21.
Chicago wheat firmer on poor threshing
returns. Page 21.
Sudden advance in all quarters of stock
list. Page 20.
New ship service to Atlantic coast to start
next week. Page 14.
Municipal committee surveys flood dam
ages along waterfront. Page 14.
Portland and Vicinity.
Boy scouts depart for summer camp in
Eagle oreek canyon. Page 7.
Warrant sworn for arrest of Montrose M.
Ringler on Sunday dance violation
charge. Page 10.
Ellers' testimony attacked by state.
Page 11-
Mayor suggests remedies for traffic
troubles. Page 10. "
T. B. Neuhausen's trip to capital causes
speculation. Page 5.
Portland's budget to be cut deep. Page 9.
Bakers are willing to show books. Page 13.
Cold storage facilities for fruit shipments
&ere are urgeu. rage 1ft-
Defense Succeeds in Se
lection of Men Only.
TERRIBLE STORY PROMISED
Woman Accused of Murder
Declared Insane From Birth.
POISON ATTEMPT CHARGED
Testlmony That Will Xot Reflect
Credit on Dead Is Said to Re
in Defense's Hands.
CLEVELAND. O.. July 6. Twelvb
men will decide whether Mrs. Eva
Catherine Kaber is guilty of first
degree murder in connection with the
fatal stabbing of her husband. Daniel
F. Kaber.
Every woman tentatively seated on
the jury wis dismissed Peremptorily
by Mrs. Kaber's counsel, thus mak
ing good the declaration of Francis
I'oulson. Mrs. Kaber's personal coun
sel, that no woman would be per
mitted to sit in judgment agawist her
if he could help it. because he con-
siders them "heartless" in judging one
of their own sex.
In h'is opening statement to he
jury, Attorney Corrigan for the de
fense admitted that many of the
state's contentions were true, but
that defense testimony would show
that Mrs. Kaber had not intended t-
murder her husband and that her
actions were the result of a mind
diseased from childhood, and even be
fore birth, and worn down by "hor
rible things that will reflect no credit
on the dead man."
Horrible'' Testimony Promised.
He asserted tnat Mr. Kaber's acts'
wore down her mental capacity and
warned the jury to be prepared to
listen to "some horrible things that
would come out in the testimony."
Assistant County Prosecutor Cas
sidy. in outlining the state's case, as
serted that testimony will show that
Mrs. Kaber first attempted to kill her
husband by poisoning and failing in
this hired assassins to kill .him.
The motive, he said, was to obtain
possession of Mr. Kaber's estate for
herself and daughter. Miss Marion
McArdle, who also is indicted for first
degree murder, for her alleged par
ticipation in the plot.
Mr. Cassidy asserted that Mrs.
Kaber had gone to two women almost
a year before the murder and asked
them to do something that would
bring about Kaber's death, but that
both had advised her to obtain legal
separation To this suggestion Mrs..
Kaber was alleged to have asserted
that divorce would not give a proper
distribution of the property.
Stomach. Trouble Experienced.
It was the latter part of March,
1919, that Mr. Kaber, previously said
to have been in good health, became,
violently ill with pains in his stomach. -An
exploratory operation, Mr. Cassidy.
asserted, revealed no trace of cancer
or other affliction. Mr. Kaber, he
stated, wasted away to 90 pounds.
During Mr. Kaber's illness, "Ir. Cas
sidy alleged, Mrs. Kaber always
served him highly-seasoned food.
Mr. Cassidy then detailed how Mrs.
Kaber was alleged to have made the
acquaintance of Mrs. Erminia Cola
vito, who, in turn, introduced her to
Salvadore Cala and Vittoria Pisselli.
the alleged assassins, both under in
dictment, though Pisselli is still un
apprehended. They, according to the
prosecutor, finally agreed to kill Mr.
Kaber tor J5000. Mrs. Kaber promis
ing to pay them from the proceeds of
Mr. Kaber's insurance policy, which
called for double indemnity in ca6e
of violent death. Mrs. Kaber later
collected J6800 on the insurance pol
icy, $000 of which finally found its
way to Cala and Pisselli. according to
the state.
Piano Aids Sroullns Party.
How Marion McArdle was alleged
to have played the piano two nights
before the murder to drown the noise,
of the assassins as they went through
the house to set the "lay of the
land," also was detailed b Mr. Cas
sidy, who asserted also that Mrs.
Mary Brickel, mother of Mrs. Kaber.
was to be on the porch the next night
as a signal to the assassins that ev
erything was all right. Mrs. Brickel
was not on the porch at the appointed,
time, however, according to Mr. Cas
sidy, and then the assassins left with
out attempting to execute the plot.
Marten McArdle was alleged the
next day to have hunted up Cala and
Pisselli and told tl.m that the deed
must be done that night before her
mother, who had gone, returned. That
night Mr. Kaber was stabbed 24 times
and died the next day from the result
of the wounds.
Hobbrry Plant t'bsrged.
A week before the murder, Mr. Cas
sidy asserted the evidence 'would
show that Mrs. Kaber had taken sil
verware and linen to the home of a
Mrs. Mattb.e-.va in tn effort to make
it appear that robbery wac the motive
for the claying of her husband.
To- substantiate the charge that
Mrs. Kaber first attempted to poison
her husband. Dr C. F. Hoover testified
that he '.iad attended Mr. Kaber during
tCouclutled uu i'age 2, Cuiuxuu 2.)