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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 28, 1921)
THE MOTtXTNG OREGONIA1S", TllL'KSDAY, JTXLY 2S, 1921 J. H. ALBERS. RICH PRINCIPAL IN STATE'S MOST SENSATIONAL ESPIONAGE CASE DIES FOLLOWING PARALYTIC STROKE. IMS' RESISTANCE BRDKEfJ BY GREEKS US War-Time Offender Passes at Milwaukie Home. Nationalist Commander Re ported Ready to Quit. PARDON OFFER REVEALED HELP OF ALLIES SOUGHT 2 IP 'f .BE like Blindness, paralysis, Mental De rangement and Expulsion From Ixdge Results in Deat-h. fContintiea' Krom First Fare.) Brothers Milling company was evolved, it was a bis; institution and then. October, 1918, the fortunes of Henry Albers changed; his name be came a by-word in the feverish war times; he was tried and1 found guilty of violating the espionage act. Kaiser's Victory Predicted. Returning from San Francisco, in an Intoxicated condition, he was plied with more liquor by a group of men in the Pullman smoking compartment, lie was led to talk of the war, and he said the kaiser would win. He Bald other things of similar effect, and the smoking compartment group jotted them down. For these utter ances he was indicted. Conviction followed, with the Imposition of a sentence at McNeil's island and a heavy fine. Being of German birth and. at the time, wealthy, Albers found the tide of public sentiment sweeping irresistibly against him. His case became the more prominent from the fact that Dr. Marie Equl, a radical, had a short time prior been convicted of disloyal utterances and she bad been defended by the leading L W. W. attorney, and her trial was attended by special writers of the radical pub lications of America. The class issue was raised and the belief that Albers was very rich and constant reference to him as a "mil lionaire miller" aided in turning popular sentiment against him. After his conviction Albers appealed to the United States court of appeals at San Francisco, which confirmed the deci sion of the lower court. Albers then made an appeal to the United States supreme court, the court of last re sort, as Dr. Equi had done. Error la Confessed. Solicitor - General Frierson "con fessed error." saying that evidence bad been introduced against Albers which was not permissible. This raised anew the demand for Albers' punishment. The Oregon Bar asso ciation protested, and so did the American Legion. United States Sen ator McN'ary appeared before the su preme court In behalf of the bar asso ciation, but the supreme court an nounced the Albers matter was not before it. Then for Albers one grief did tread upon another's heels, so fast they fol lowed. The Elks cast him forth. This blow cut him to the quick. For nearly three years Albers had been under a mental strain and this act of his fra ternal "brothers" appeared to be the last straw, the capsheaf of his afflic tions. He was a broken man, broken in spirit, and the physical collapse with its successive chapters of attack brought him to the grave. Came first a stroke which paralysed his side; came blindness. While helpless and blind In his home at Milwaukie Albers did not know that at Washington an order had been Issued to the United States attorney for "further proceedings." The government was planning another 'trial. Mental derangement, cerebral hemorrhage visited Albers on his deathbed and yesterday came the end. I.Jqnor Marks Turning; Point. The life history of Henry Albers affords material for a realistic novel. And the turning point was that liquor on the Pullman sleeper. Albers is survived by three broth ers William of Portland, George of Seattle and Frank of San Francisco and a sister, ilrs. Frank Terheyden of Milwaukie. Arrangements for the funeral have not been made. Judge Charles H. Carey issued the following statement last night: "The death of Henry Albers was not unexpected, and in a sense it may be deemed a happy release from his troubles. There can be no doubt that his death was hastened by his misfortunes, particularly his expul sion from the fraternal order of which he was a life member. He felt this very keenly, deeming it unjust when his case in court was stiTl pend ing. He was then nearly blind and was in failing health. A stroke of paralysis and hemmorhage of the brain three weeks ago indicated that his end was near at hand. "I realize that popular opinion had already condemned him and that if he had lived to be tried again a jury of unprejudiced men would have been hard to Ilnd, since his case was so generally discussed throughout the state. And yet. I am satisfied that he was not guilty of the crime with which be was charged and that he would have been acquitted. The at torney-general's assistants at Wash lngton, who studied the evidence pro duced upon his former trial, were convinced that he was Irresponsible with drink when he uttered words for which he was indicted, and they of fered him a complete pardon that would recite his innocence. It was afterward found impracticable under the rules of the department to fur nish this before the supreme court acted upon his case, but I have no reason to doubt that the attorney eeneral would have seen to it finally that Albers would not be punished If there was no more evidence produced against him that appeared in the record of his former conviction. Wealth Blamed for Attacks. "Albers suffered the misfortune of being supposed to be a rich man, and this undoubtedly made him a target tor much unjust invective. "It was an undisputed fact that his vffense was committed when he was so helplessly drunk that he had to be put to bed by the porter of the Pull man car and the train brakeman, with all of his clothes on, even including his coat and shoes and stockings. His condition was due to the deliberate effort of a group of despicable men who took turns in filling him with liquor and inciting him to make drunken and half unintelligible mum blings which they industriously wrote down for the purpose of getting him railroaded to the penitentiary. The whole outfit had that brand of pa triotism that stays at home in time of war and Beeks to justify itself by framing up something against some one else to divert attention. "One of them fraudulently pre tended to have authority as a deputy sheriff, and by showing a badge made the porter hand over a traveling bag containing whisky which the porter had taken away when he found them plying Albers with the liquor to make him drunk. He afterward explained his purpose by saying that the only way to get a German to talk was to sret him drunk. "Albers was not charged with doing anything to help the German cause. He was not a member of any German society, nor did he contribute directly r indirectly, to any Uermem, enlex . - . v- - y U A : r s . . i&v r 1 prise, even to the extent of buying a German bond before we were in the war. He did not even take a German newspaper or associate with any dis loyal persons. What he said on the occasion as charged in his indictment was uttered under circumstances that could not by any stretch of the im agination injure the cause of the United States in the war. Cltlsenship Papers Taken Out. "In justice to his memory, it ought to be said that, instead of being, as many suppose, a gross plutocrat, he was a mild, kind and modest man, a good citisen and an American from choice. He came here when he was young and as soon as he could do so he declared his intention to become a citizen of the United States. He was a. full citizen for over 20 years and had no interests in Germany and no relatives there. "He began his life here as an as sistant cook and dishwasher. He was a janitor and an elevator operator. Later he was a millwright, and be came associated with his brothers in a small way in a feed and flour mill. The business grew by reason of hard work and long hours, and what pros perity he had was hard earned by honest toil. "Generous and simple, he retained the regard and respect of his em ployes and associates even in- the time of his disgrace. During the war he rave freely of his means to every patr'otlc organization and aided the families of thet boys wno leit nis establishment to ko to the front. He constantly advised voluntary enlist- ent, and always talked in favor or the United States and expressed con fidence in its ultimate victory. "I took his case after looking into the record and satisfying myself that his conviction was unjust. I pre pared the appeal to the sapreme court of the United States and felt confident that if that court would read the rec ord it would dismiss the indictment. The action of the solicitor-general in confessing error resulted in sending the case back to Portland without a hearing, but in spite of popular preju dice against Albers he was entitled to, and I feel sure would have had, a fair hearing if his case had not been ended by his death. "He had enemies, but they were those who had never read the evi dence in the case. It is but common justice' for me, who am familiar with the record, to say that in my opinion he was not guilty of violation of law and should not have been con victed." PHONE EVILS 'ADMITTED (Continued From Firat Page.) man. Baker, Wasco and Multnomah counties. Mr. Taylor denied that Mr. Cousin ha.rt neitateri amftny thn farmpM for the purpose of organizing the federa-J tion, but said that the rate expert row representing them had been se lected by a commission to prepare the case which the federation wishes to place before the commission. S6O.000 Expenditure Questioned. The witness said he could not un derstand what improvements the Pa cific company had made in Corvallis which could justify the expenditure of approximately $60,000 shown in the telephone company's exhibit in the last rate hearing. He explained that the present company had bought out the home company established by private citizens because service could not be obtained from the Pa cific company. The independent company had 75 per cent of the business before the consolidation, he testified, and when is attemptea to increase its rates from 1 a month to $1.25 a month, the Pacific company refused to in crease its rates. After the consolida- ton, he said, the Pacific company ap plied for increased rates. Attorney Shaw in cross examina tion attempted to show that an or ganization taking over 75 per cent of the business in a city, would of necessity be forced to expend a large sum oi money. Witness' Statement Donbted. The witness told the commission that he had heard of many complaints on service in Corvallis, although his own service was satisfactory. Com plaints had been registered to him, he said, of charges of $3 for change of a phone already installed in a home, but Attorney Shaw questioned the correctness of that statement. The attorney for the company told the witness that telephone rental charges are payable in advance and that the installation charge is $1.60. It was suggested by the commission that receipts for the supposed exorbi tant charge be sent to the commis sion for investigation. While on this point Attorney Shaw attempted to show ythat actual labor performed by the company for the changing of a telephone number was such as to justify the installation cost. "I presume you know that we have to send men out in such cases, don't your" Attorney snaw said. Costs Are Arsmed. "Tea," answered the witness. Three men went out to make the change I spoke of. "Well then, it costs something to send out three men doesn't It? If you were on your farm and had to utilize three men, it would cost you something, wouldn't Itr 'Well u It was me, I would send one man and save the expense of the other two. "Of course, bui then you don't know but what the three men In this case had other work to do and left the office in a gang." Attorney Shaw concluded. In an effort to show the commis sion that food costs in Oregon had been reduced to a low level and that in addition cost of labor has shown a marked drop, and as a result tele phone rates should be on the down ward trend rather than on an ascent, Attorney Tomlinson called C. Rueg nitz, executive secretary of the Ioyal Legion of Loggers and Lumbermen. Living Costs Discussed. Mr. Ruegnitz, using data collected by him in his work with the four L, told the commission that the average cost per day for food for a family of five in Oregon during the month or April, 1921. was S1.56: in May, 1921 was S1.53; in June, 1921, was $1.47, and in Ji-ly, 1921, was SL47. Engineer Willard, oa cross-exam ination for the Coos & Curry Tele phone company, reported favorably upon the telechronometer as a prac tical device. Mr. Willard explained that he offered this letter to substan tiate his recommendation for meas ures service. Attorney McNary objected to the introduction of the letter on the ground that its admission was not in accordance with rules of evidence followed in any court. He said that the company would not have an op portunity to cross-examine the wit ness or determine his qualifications as an engineer. letter in Records Refused. The city attempted to have tba let ter placed In the records, but Chair man Williams ruled that it would not .be proper to admit the letter and sug gested that the city call Mr. Gates to balem to testify. Attorney Shaw, during his cross examination of Engineer Willard. de veloped the fact that a number of cities included in an exhibit giving a comparison of rates had two tele phone systems and in order to have complete service would be required to pay two rates instead of one as"ln Portland at present. When the cross-examination had concluded and Attorney Tomlinson ended his rebuttal, Mr. Cousin began to question the witness. Chairman Williams halted the questioning say ing that the direct examinafion had long since ended. "Well he's my witness now," an swered Mr. cousin. "Proceed," laughingly ruled the chairman. Cost Chart Rouses Controversy, ! An extended and sometimes heated argument between Mr. Willard and Attorney Shaw over the proper con struction to be placed on a graphic chart showing the relative increases in cost of living- snd-wages .paid by the Pacific Telephone & Telegraph company in Oregon since April, 1917 relieved an otherwise monotonous morning session. Tuesday Mr. Willard. under direc examination, testified' that based on this chart the company could sav the telephone users of the Btate $300,000 a year by decreasing wages to Its employes 10 per cent. When Attorney Shaw reached thi particular exhibit he maintained that it had no value in coming to any con elusions because the two items shown in the chart both started at zero, while be maintained that if proper engineering Ingenuity was to be dis placed, the two items would have been shown starting at the actual basis in which they stood in 1917 He argued that inasmuch as th chart' showed a spread between the cost of living and the wages paid at the present time, it would be neces sary, if conclusions were to be reached based on the chart, to show the spread between the two items at the beginning point. Phone Strike Recalled. Several times Mr. Willard main tained that the chart was drawn show the relative increase in the cost of living and the wages paid by the company, and in doing this it was proper to start both of these items at the zero point. The telephone operators' strike in 1917 was brought to attention by At torney Shaw, as was an order issued by the public service commission in 1918, when it was pointed out that poor service at that time -could be traced to the poor wages paid by the company. "At the time of the strike the com pany was severely criticised because its wages to operators was below the cost of living," maintained Attorney Shaw. "Do you not recall that this was a fact?" "Yes. I do," answered the witness. "Well then, will you explain why you did not recognize this fact when you drew this chart?" Ckart Is Defended. Mr. Willard still maintained that his chart was correct, inasmuch as he was trying to show the relative in crease. Attorney Tomlinson entered the argument and held that what Attorney Shaw advocated could not be accomplished in a chart. Shaw came back by branding the chart in question as an engineering absurdity and also was emphatic in the statement that his theory was correct. S. & H. green stamps for cash. Holman Fuel Co, coal and wood. Main Sj3; 5o-21. Adv. Head of Moslem Government Said to Be Anxious to Obtain Ces sation of Hostilities. LONDON. July 27. Mnstaoha Kemal Pasha, head of the Turkish nation alist government, has sent a telegram to Constantinople asking - that the central government intervene with the allies in an effort to obtain a cessa tion of Graeco-Turk hostilities, ac cording to dispatches from Constanti- opie to the .exchange Telegraph com pany. ATHENS. JulT 26. Information from all sources indicates that the resistance of the Turkish nationalists Asia Minor is completely broken. he Greek official news agency de clares in a statement issued here to day. The Turkish losses in killed. wounded and prisoners to date are estimated at 60,000. The Greeks, the statement says, are constantly press ing the Aetna lists along the road to Angora. Along the roots of their retreat the Turks set fire to .their stores, which they were unable to carry with them because of the rapidity of their flight. CONSTANTINO PLE. Jul-v 23. The Turkish nationalist premier. Fevzi Pasha, told the national assembly last night that, although the Turks had been obliged to yield ground before the Greek advance, the enemy suf fered terrible losses. The region be tween Kutala and Eski-Shehr, which recently were captured by the Greeks, was covered with thousands of bodies, he declared. The. struggle; he said. was entering its final phase. A Greek .warship today approached Samsun on the south shore of the Black sea with the intention of bom barding the town, but the commander of a United States destroyer lying off the coast dissuaded its commander from firing, pointing out that such action might endanger the Greek population. Circassian bandits appeared Sunday In.Karabogha on the Sea of Marmora, 5 miles east of Gallipoli, raided the town.and killed the Turkish governor and commander of the gendarmerie. A British detachment assisted the Turkish gendarmes in pursuing the bandits. As a result of this incident the British are reinforcing the Dar danelles garrison. HOUSE FAVORS FAIR HERE Continued From First Pace.) ahead. This position will solve many of our internal problems. It will give the people a great terminal point to work for, add millions of wealth to its taxable property and provide abun dance of labor at a time when it is needed most. "We will have the opportunity of a lifetime to capitalize our scenic wealth, get some of the money back we spent upon our highway Improve ments, and make Oregon an objective point for all tourists seeking the new west beyond the Rockies. "It will take a lot of hard work and lot of faith to put this exposition over in the right way. The men of vision can see the benefits that will accrue, and I am sure the- entire northwest will prosper aj the result of this undertaking. Portland and Oregon are to be the nerve centers of this enterprise. want to see the thinking men of the state lined up for the exposition in big way. We have to raise our money now, outline our administration pol icy, and get to work on a national advertising campaign. The finance committee met today and discussed a number of schemes to raise the necessary .funds. Several plans have been offered. One of them w'll be adopted next week and given to the public through the press. I believe the people are ready to sup port the event in a substantial way. We cannot afford to do less than our individual duty. As hosts to the world, we must prove that Oregon is equal to the task. I believe with the help of every taxpayer in the state, coupled with the enthusiasm and pa triotism of every man and woman, we can present a theme that all the world will accept and come to Oregon to enjoy." Yonth Asleep 127 Days. LOUISVILLE, Ky.. July 27. Phy sicians announced that Michael Fitz gerald, 13, ill with sleeping sickness today entered upon the 127th day. of his illness without a waking moment. Since March 22 he has been fed liquid food with water at intervals. Sailor Dies of Barns. HONOLULU", T. H., July 27. Henry THEY'RE NEVER SHABBY A machine-made rug, :' ns matter how handsome originally, sooner or later looks shabby and out of keeping with the other furnishings. But an Oriental rug, pur chased from a reputable house like Atiyeh Bros., only grows lovelier with - the years, and actually in creases in value. ATIYEH BROS. Oriental Ruga Tenth at Alder FATHMA CIGARETTES Liggett & Myers Tobacco Co. A. Gad dis, seaman, of Sherman, 111, died today of burns received in a heroic attempt to extinguish a fire Monday aboard the United States steamship Rainbow. Gaddis sounded the alarm when he discovered the fire and assisted others to escape. The Ship was only slightly damaged. PARK CONFERENCE CALLED Preservation of Washington Scenic Resources Object. OLTMPIA, Wash., July 27. (Spe cial.) In a call for a conference to consider the preservation of the scenic resources of Washington, State Treas urer Babcock. chairman of the state parks committee, calls attention to the value of the scenic resources and urges all civic and commercial bodies to be present at a conference Monday, August 15, in Seattle. The meeting is to be held under auspices of the state parks committee. Our method of mer chandisingon a vol ume basis at low prices has so convincingly proved its worth that business men now con sider Hansen - Waden stein Stores the most natural and logical place to buy Office Furniture. Broadway 1877 H&hsemWapehsteih BeskCo. V105-107 TWELFTH ST ' E mm most: men your taste runs to Turkish blend cigarettes, and you are seeMnj? one abut above the ordinaiy because x itae finer grades of tobacco It con tains, then- TWENTY for of which Land Commissioner Savldge and Secretary of State Hinkle are the other two members, and the Natural Parks association of Washington. UNIDENTIFIED BODY FOUND Man About 6 0 Years Old Believed to Have Died While Camping. MOSIER. Or.. July 27. (Special.) While looking for the family cow Tuesday about 6 P. M., a son of Dr. W. S. Mchol found three miles east of Mos-ier the body of a man about "Lifetime SHEAFFER'S Greatest Achievement t Nothing radical about this new master pen. Irs the re sult of years of experience in making pens for the busy business man. Always writes at the touch of the paper. One lift of the SHEAFFER lever filler loads the big barrel with a week's supply. No pumping no muss no annoyance. Point guaranteed forever. See this "whopper' at the better stationers, druggists, jewelers and department tores. Price only $8.75. Other SHEAFFER'S $2.50 to -$50.00. W. A- SHEAFFER PEN CO. Fort HodUom. Im CHEAPFER'Q smI PEN-PENCIL k- he yothWJll do but taite the difference t 60 years old. lying on the ground; with the head pillowed on the arm. No marks of violence could be discovered by Coroner Mogan of The Dalles. A few personal effects were found in the man's pockets., A small supply of provisions were found also. An ad dress in Maupin was . found in one pocket. It was thought that the man must have been ill and not being able Dependability and Quality Two. things this store strives for dependabil ity in executing' com missions and filling' pre scriptions; quality in the drugs it uses and the class of merchandise it sells. We feel that par ticularly in a store of this sort people need to be able to depend upon what they purchase. re elief 6 Bell-ans Hot water Sure Relief '.'lit 1 AZDJnir"fV-: 1 dl iA ' is 1 If OPEN 34 HOIRS. f 1. Ji pi-pwo"" MVW Tail j II rags PE LL.-ANS UJ FOR INDIGESTION to travel farther had camped there, as evidence of a campfire was found. Phone your want ads to The Ore eonian. Main 7070. Automatic 560-05. 'jel THOMPSOVS .. v Deep-Curve L.enjiea 31 ' Are Better. V Trademark Registered 9 THE SIGN OF PERFECT SERVICE Thoroughly experienced e) Optometrists for the examl- v nation and adjustments. a skilled workmen to con- a) struct the lenses a concen- V trated service that guaran- tees dependable glasses at (di reasonable prices. y Complete Lena Grinding; factory on the Premises a) SAVE YOUR EYES THOMPSON OPTICAL INSTITUTE 2 Chas. A. Rubco. Pres. and v 9 8 (I Cien. Mgr. EYESIGHT SPECIALISTS Portland's Largest, Most Modern. Best Equipped. 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