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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
THE MOTtXTNG OREGONIA1S", TllL'KSDAY, JTXLY 2S, 1921
J. H. ALBERS. RICH
PRINCIPAL IN STATE'S MOST SENSATIONAL ESPIONAGE CASE
DIES FOLLOWING PARALYTIC STROKE.
BRDKEfJ BY GREEKS
War-Time Offender Passes
at Milwaukie Home.
Nationalist Commander Re
ported Ready to Quit.
PARDON OFFER REVEALED
HELP OF ALLIES SOUGHT
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
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;
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
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
"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
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
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
"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
"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
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
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
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
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
"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
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
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
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
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
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
"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
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
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
A machine-made rug, :' ns
matter how handsome
originally, sooner or later
looks shabby and out of
keeping with the other
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.
Tenth at Alder
Liggett & Myers Tobacco
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
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
V105-107 TWELFTH ST '
your taste runs
to Turkish blend
you are seeMnj?
one abut above
because x itae
finer grades of
tobacco It con
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
t Nothing radical about this
new master pen. Irs the re
sult of years of experience
in making pens for the busy
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
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
smI PEN-PENCIL k-
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
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.
'.'lit 1 AZDJnir"fV-: 1 dl
iA ' is
If OPEN 34 HOIRS. f
pi-pwo"" MVW Tail j II
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
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THE SIGN OF
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-
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reasonable prices. y
Complete Lena Grinding;
factory on the Premises a)
SAVE YOUR EYES
OPTICAL INSTITUTE 2
Chas. A. Rubco. Pres. and v
Portland's Largest, Most
Modern. Best Equipped. Ex
clusive Optical Establishment
200-10-11 CORBETT HI.DO.
& ffi Jfi A
No More Gas in
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If you wish to be permanently re
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