TIIE MORNING OREGONIAN, TUESDAY, AUGUST 2, 1921
JURY IN HALF HOUR
E
Alleged
Husband-Slayer . Is
Set Free.
VERDICT IS NO SURPRISE
ITathcr and AVldow of Slain Man
Smile and Soon Leave Court
In Automobile.
(Continued From first Page.) t
siaying of her husband, she cannot
be tried again. Once having been
placed in Jeopardy, no other charge
growing out of the same crime can
be made against her by the district
attorney.
Mra. A gee Is Accused.
An "eleventh-hour attempt to sub
orn perjury" was charged against
Mrs. Agee by Hammersly, referring
to testimony yesterday afternoon by
Grace Todhunter to the effect that
Mrs. Agee yesterday morning had
urged her to lie on the witness stand,
If called.
The young woman was a member
of the Rebekah band to which Mrs.
Agee belonged and had been asked by
the prosecution to appear in court
with a trombone music book similar
tu the one which had been used by
Joseph H. Klecker, janitor-music
teacher, in the instruction of Mrs.
Agee. Miss Todhunter also had been
a pupil of Klecker's.
Sitting next to Mrs. Agee In court
yesterday morning, Miss Todhunter
engaged in conversation for a few
moments with the woman on trial.
She recalled, she said, that Mrs. Agee
had told her at one time that the in
struction book she was using was
that of Otto Langey.
Widow Declared Fearless.
"I asked her in case that was
brought up should I mention that she
owned such a book," testified Miss
Todhunter, who appeared to be a re
luctant witness. "She said 'no.' "
"The tears of their little boy were
the only tears shed at the side of the
dying man that night," declared Pierce
in the opening argument, referring to
the alleged unemotional attitude of
the widow when her husband was
slain. He went on to relate the main
points of the circumstantial case
of the state against the woman.
First, ho said, was the deduction of
witnesses that Mrs. Agee had not been
in bed with her husband that night,
because the bed did not aopear to have
been slept in on the far eide. Then
there was the attempt to make the
affair appear to be a burglary, with
family plate and jewels flung outside
the window of the house. Third, the
stories of the woman that she had
been awakened by hearing her hus
band call "Help, help!" though physi
cians had testified that it would have
been impossible'for the man with his
throat cut to have articulated.
Prosecution Charges "Plant."
Other things pointed to by Pierce
were the leaving or a light burning In
the front room of the house when Mrs.
Agee left, her alleged intimacy with
.Klecker and the heavy insurance car
ried by Agee.
"Frame-up!" and "plant!" were the
chief cries of the prosecution In refer
ring to the finding of the blood-spat
tered overcoat and blood-smeared
knife, togettier with several sheets of
trombone music, by D. J. Swing,
father of the woman on trial, at the
corner of Wall and Lombard streets.
Pointing out that there were more
than 200 vacant lots in the district
Swing had testified he had combed for
evidence, Hammersly declared that the
minute search claimed would have
been impossible in seven days, devot
ing not more than two hours a day,
as contended Dy Mwing.
Concealment Is Charged.
"Further, after finding this bundle
and having no idea what it was or
what It contained, according to his
own testimony. Swing went half
mue to get two men to go and see
what it was he had found to which
he attached no import, said Ham
mersly. "This coat was placed care
fully under the ferns and was care
fully rolled up. It was not thrown
there by a fleeing man seeking to
rid nimseu or damning evidence.
nen nrted out the rolled coat
Immediately unwound. All the rain
of five weeks had not caused it to
hold its wrinkles. Witnesses have
said that the spots have faded con
siderably since the coat was found.
uuiy ai. w ny nm iney not laae
the weeks prior?
"Then counsel for the defense has
concealed this information from the
grand jury and the authorities. He
did not want to give the state an
opportunity to check up on it. I also
want to call attention to the fact that
the blood is on the outside of the
right sleeve of the coat, not the in
siae as would nave been the case
had It been worn by the murderer.
As to the music, that is clearlv
plant." We have shown quite plainly
that it was torn from a music book
which had been in the possession of
Mrs. Agee and later taken to the
home of a neighbor. What on earth
would have possessed a person of
sense to carry unrelated sheets of
music in an overcoat pocket?"
Proxrcutlon Is Attacked.
John Loiiier, in his argument
accused the state of being driven
irom its original position in the case,
wnich was that Mrs. Agee had com
mitted the murder and then "planted1
a watch, bracelet and silverware out
side the house to give the affair the
appearance of the work of a burglar,
and had adopted the contention that
either Mrs. Agee killed her husband
or stood at the elbow of the person
wno aid.
The attorney contended that ther
was' absolute absence of motive fo
the crime, that the love motive had
fallen down and that collection o
insurance on her husband's life was
not a strong enough movinsr nower.
He insisted that there was nothing
wnatever produced by the stat
which actually could fasten th
crime on the woman.
It would have been almost lmpos
sibie for a left-handed person to hav
Killed Harry Agee, he said, assertin
that Mrs. Agee is left-handed. Fur
ther, he contended that the nature o
the crime was such that it would
have been impossible for the mur
derer to have escaped without a drop
of blood on his or her person. Stress
was laid on the circumstance of the
finding of the overcoat and the knife,
emphasizing the testimony of physi
cians, who thought the knife a more
likely weapon for the deed than the
razor produced by the state
Though the defense virtually has
accused Klecker throughout the trial
of being the actual murderer, little
emphasis was laid on this feature in
the argument. The attorneys preferred I
ACQUITS
1
to point to evidence produced, leaving
conclusions to the Jury and any
criminal action against Klecker up
to the prosecuting officers.
No opportunity was given the
prosecution yesterday to refute
doubts instilled by the defense in its
cross-examination of Klecker, Judge
Morrow holding with Collier that any
evidence substantiating the story of
Klecker should have been given in
the case In chief.
Witnesses not permitted to testify
o any material facts were Josephine
Korten, 1184 Fast Harrison street.
ister of Klecker; Mrs. Louise
Klecker, wife of the man on whom
uspicion was thrown by the defense;
. F. Hume, street car conductor who
was acquainted both with Klecker
and Mrs. Agee, and Fritz Bartell,
janitor in the Henry building.
Hammersly Makes Retort.
The question this jury is called
n to decide is whether or not this
efendant committed this murder,' not
whether or not someone else did.
contended Collier in his argument to
the court. "We are trying Louise
Agee for murder. The state is now
concerned In defending Klecker. This
is an immaterial matter in this case
and part of the state's evidence in
hief if anything."
We are offering this testimony.
retorted Hammersley, "because we are
satisfied that this overcoat was intro
duced for just one purpose. We wish
to rebut the genuineness of the whole
situation and show that the coat had
nothing to do with the case and was
never In the vicinity of the murder."
The defense is not prosecuting this
case, replied collier, "we otierea
these finds for what bearing they
might have on the guilt or innocence
of Mrs. Agee. Other action In regard
to Klecker is up to the district attor
ney and not to the defendant."
It is the court's opinion that the
question, of whether Klecker owned
or did not own this coat has no bear
ing on the guilt of this defendant,"
ruled Judge Morrow. , v
. Doctor Gives Testimony.
That the wound which ended the
life of Harry Agee "seems to have
been made with a sharp-pointed in-
trument with a cutting blade," which
description is fitted far better by the
hunting knife produced by the de
fense than by the razor offered by
the prosecution, was the testimony of
Dr. Clyde C. B. Van Vlerah, formerly
an important witness for the state,
called by Collier near the conclusion
of the case of the defense yesterday.
The physician did not preclude the
possibility of the razor making the
fatal gash, but said that his examina
tion convinced him that the wound
could be made more easilv with a
sharp-pointed Instrument than with a
blunt-pointed instrument, such as a
razor." He asserted that he believed
that because of the nature of the
wound and the fact that it was con
siderably deeper half way from the
point or entrance and exit of the
blade causing it.
Blood Reaction Reported.
Blood on the overcoat and knife
gave positive reaction to the test
for human blond, testified Dr. Frank
R. Menne for the defense. The same
witness, who Is professor of pathol
ogy at the University of Oregon med
ical school, had testified for the state
that there was blood on the razor
round in the street in front of the
Agee residence, but had said that the
quantity was not sufficient to per
mit a test to prove whether or not it
was Human or animal blood.
Supporting the eontenti
Van Vlerah, who preceded him on the
witness stand. Dr. Menne said that
an instrument like the hunting knife
wouia. tena to sink more deeply into
the flesh, creating a wound similar
to that which killed Agee. than would
a razor, the blunt end of which he
tnougnt would tend to irrmede its
progress in depth. Yet he considered
it quite possible for a razor to make
the wound.
The indentation of th kln hoinw
the wound itself, to which Dr. Menne
had testified previously in describ
ing tne results of the autnnsv h
performed, could have been made, he
tnougnt, by a projection on th han
dle of the knife, or possibly by the
heel of the razor.
Dr. Menne gave It an hi nntninn
that had the razor severed arteries
and veins of Agee's throat that there
would have been more blood on it
tnan now appeared.
The articles found bv Swine-
introduced into evidence when tr
Menne testified that the blood on
coat and knife was human. Ham
mersley objected "if the object is in-
lenaea to connect up any one ner-
son, not if offered as negative."
wny snouia you obleet?" 1-
manded Collier.
Dr. Menne was the last n-Itno fy
the defense, which rested its case at
u:aa A. ivi.
Edward L. Wells. meteornlnH!t
the local weather buroan wo. v,
first witness for the statn
buttal. He testified that between
June 9 and July 17. when Swing had
said he found the overcoat and its
contents, there had been 1.19 inches
or rain. The night of June 10-11 was
clear until 3:30 A. M., he said, and
moderately warm," with an averae-n
temperature of 61 degrees.
lne importance of this testimony
was its bearing on the finding of the
overcoat. It might give rise In th
questions: Was the appearance of the
overcoat and blood soots such
might have been expected after being
ejipuseu 10 laimau or 1.19 inches?
Would the murderer have worn an
overcoat with a temperature ranging
between 56 and 65 degrees?
Offered to forestall as far as pos
sible the expected claim of the state
that the music sheets were "plantet."
in the pocket of the bloody overcoat,
testimony was given by defense wit
nesses tending to show that D. a.
Swing had no access to the mush
score in the Agee residence before
the book of which the two sheets
found were a part was removed. Es
timates of time given left a loophol
for , the state, however, if the ex
tremes cited were to be credited.
Neighbor Takes Stand.
R. E. Green, neighbor with a mus
ical tendency, testified that he had
bought the music book for Mrs. Agee,
giving trombone selections, last De
cember. "Did you see the book after the
murder? asked Collier.
"Yes."
"Did you take that book to your
nouse
"Yes."
"When?"
"Between six and ten days after the
murder, v
Why?'
"I thought of taking up the trom
bone."
"Who was with you?"
"Mr. Nelson."
"Where has that book been since
then?"
"It has been in my house all the
time."
On cross-examination Hammersly
asked, "Is the book in the same con
dition as when you got it?"
I couldn't say for sure." was the
ans-wer.
The father of Mrs. Agee, recalled
to the stand, was asked by Collier
if he ever saw in the Agee house
any book resembling the one in ques
tion.
House Entered After Four Days.
"No, I did not enter the house until
four or five days after my daughter
was taken to jail," answered Swing.
"I arrived here the day after she
was taken to jail."
Previous testimony had shown that
Swing arrived in Portland five days
alter tne muraer.
"Was anyone with you when you
first went to the house?" a juror
asked.
"I think it was Mr. Nelson who let
me in. I didn't have a key." replied
the old man.
"How many times have you been
In the house since?" asked Ham
mersly on cross-examination.
"Well. I don't know. Several times."
"Didn't you' start your investigation
there?"
"No. sir."
J. C. Boyer, printer, appeared as
expert witness for the state and
testified that if the sheets of music
found in the overcoat pocket had not
been torn from Mrs. Agee's instruc
tion book "it is either a miracle or
a very clever forgery."
CARGO ISSUE IS REVIVED
EGYPTIAN" COTTON' OOXTRO
VERSr AGlXX LIVE QUEST! OX.
British Monopoly of Carrying TTade
Protested by Shipping Board
Held Private Arrangement.
WASHINGTON, D. C. Aug. 1. Con
troversy between the shipping board
and British shipowners over division
of the Egyptian cotton-carrying busi
ness, already has figured in the diplo
matic exchanges between the two gov
ernments. Communications on the
question were exchanged nearly a
year ago, but the suggestion that
punitive sections of the merchant ma
rine act might be invoked against
British vessels 'promises, it w-as said
today, to develop further diplomatic
correspondence to avoid the breach
which might follow.
The British contention in the latest
official presentation of the case was.
in substance, that as the arrange
ments under which Egyptian cotton
was carried exclusively In British bot
toms was a private one between the
corporations, the British government
could not be held responsible, nor
would there'' be any warrant for re
taliation against all British shipping.
The Egyptian cotton growers' protec
tive association, an association of in
dividuals over which the British gov
ernment exercises no control what
ever, it was said, lias contracted with
certain British shipping lines to carry
all of their cotton at favorable rates.
The British-Egyptian governments
are in no mannenparties to the agree
ments, it was added, and they are
not, the British authorities contend.
subject to regulation by the govern
ment.
CAMP'S WORK PRAISED
Scout Leaders Return Full of En
thusiasm After Inspection.
C. C. Colt, president of the Port
land Council of Boy Scouts, and Dr.
Otis Wight. O. B. Caldwell. E. C.
Sammons, H. D. Angell and Frank
Kerr, members of the executive com
mittee of the council, returned yes
terday from a week's visit to the
scout camp at Wahtum lake.
"The only thing lacking at Camp
Chinidere, the official boy scout camp
overlooking Wahtum lake, is the pres
er.ee of all the other boys In Port
land," said Mr. Colt. "As a moulder
of character and a citizenship builder
nothing surpasses the train'ng, disci
pline, outdoor recreational activities
and general wholesome atmosphere
ot the camp. Its value is inestimable,
and I wish every boy in Portland
might share its hospitality.
"Although I have always been a
strong believer In the camp, it is ira
possible to realize the really fine, con
structive work that is being done
without visiting it. I think I was im
Dressed most deeply with the won
derful spirit of the camp, the team
work, the courtesy, the obedience and
the general happiness and optimism
of the boys.
RAIL EARNINGS DECREASE
Great Northern. Nets $19,304,097
During Year of 192 0.
NEW YORK, Aug. 1. Earnings of
$7.73 a share on the 243,478,230 or
capital stock of the Great Northern
Railway company in 1920 were shown
In the annual report of the road.
made nubile today. Net corporate In
come was reported as J19.304.097. A
sum of $1, 815,496 was transferred to
profit and loss.
Earnings for 1920 were $1.14 less
than in 1919. when the report showed
returns of $8.87 a share.
Gross operating revenue for 1920
was $122,616,775 as against $104,562
144 in 1919. Revenue figures Included
operations by the United States rail
road administration during January
and February and by the company
from March to December. .
FLOW OF GOLD CONTINUES
Inward Movement of aietal Is
Reported Cnabated.
NEW YORK, Aug. 1. The gold
movement continued over the week
end, arrivals here totaling nearly
$16,500,000. La France brought $13.
500,000, the Seeland $2,400,000 and the
Cedric $300,000.
The Bank of France sent 304 cases
to the New York federal reserve
bank.
The steamship Aedoes brought
1269,418 worth of gold from Uruguay
to New York banking houses.
ITALY IS SHAKEN BADLY
Leghorn and Other Points Rocked
and Buildings Bury Many.
LONDON, Aug. 2. A violent earth
quake shock was felt at Leghorn,
Italy, and elsewhere Monday, said s
dispatch to the London Times from
Milan. Severe damage was done -in
the Lake Lugano district. A large
building collapsed in Bari, burying
many persons.
The full extent of the damage done
and the number of victims was not
known. .
WOMEN TO BARE EARS
Hair Dressers Declare Bobbed
Locks Have Come to Stay.
CHICAGO, Aug. 1. Ears will be
popular for women again this winter,
according to delegates today to the
convention of the National Hair
Dressers' association.
Bobbed hair has come to stay, they
also insisted, but indicated a belief
that fewer women would wearn shorn
locks as the years go by. '
House Passes Mining Bill.
WASHINGTON, D. C, Aug. 1. The
house today passed a bill changing
the period for doing annual assess
ment work on unpatented mineral
claims from the calendar to the fiscal
year. The measure now goes to the
senate.
Idaho Railroad Authorized.
WASHINGTON, Aug. 1. The Idaho
Central Railroad company was au
thorized by the interstate commerce
commission today to construct a rail
road from Rogerson. Twin Falls coun
ty, Idaho, to Wells, Elko county,
Nevada, a distance of 90 miles.
TELEPHONE COSTS
E THAN TAXES
Users Give Testimony
at
Hearing Here.
CHARGES HELD TOO HIGH
City Produces Witnesses "Who De
clare Money's Worth Is Not
Received From Company.
Telephone service in Portland Is
costing some users annually more
than do taxes upon their homes, ac
cording to testimony offered by the
city to the public service commis
sion yesterday when the telephone
rate rehearing was resumed in Port
land, after a two weeks' session in
Ealem.
Witnesses produced by the city not
only testified that the rates, in their
opinion, were unreasonably high, but
that in addition, trend of prices was
on the downward and they gave it
as their opinions that telephone serv
ice should likewise be on the down
ward path as far as prices are con
cerned.
Service Held No Better.
And these witnesses also testified
that service was not one whit better
under the increased rates' than it
was when the rates were lower and
some testimony indicated that it is
worse.
L. Stevens, who is engaged in the
law publishing business in this city.
testified that his residential tele
phone bill amounts to $30 annually,
while the taxes on his home total
only $28 a year. Service, he main
tained, is very poor, and especially
this been true, according to his
testimony, since automatic telephones
have been installed in bis district
ani the users have been forced to
utilize an interchange of manual and
automatic service.
Cheap Service Dlienufd.
During the course of his direct
testimony the witness referred to
telephone service at 25 cents a month.
Attorney Shaw, representing the
company, developed that this service
was for outgoing calls only and in
telephone parlance was known as
kitchen service.'
"It was satisfactory service," the
witness said in answer to a question
'But it was lor outgoing service
only," Attorney Shaw added.
"Yes. agreed the witness, "but ir
you would give as good service both
ways ana give it at the "kitchen
service' rates, you would nave no
complaint.
I agree with you. Attorney Shaw
admitted.
Cross examination of the city's
first witness, Mrs. J. C. Othus, presi
dent of the housewives' council
brought about a lively tilt between
counsel for. the city and for the tele
phone company. Attorney Shaw
souerht Mrs. Othus' opinion as to a
decrease in the wages of the tele
phone company employes amounting
to 10 per. cent, explaining that the
city of Portland had proposed sucn
a decrease as one method of reducing
the cost of telephone service.
Assistant City Attorney Tomllnson
auickly objected to this question on
the ground that tne city of Portland
had not made any such proposal.
The record will show, Mr. Tom
linson. that the city did propose that
the rates of company employes be
reduced to save the telephone users
$300,000 annually," mantained Attor
ney Shaw. .
Proposal Is Denied.
"I disagree with Mr. Shaw," came
back Tomlinson. "The city produced
a chart to show that a 10 per cent
reduction in the wages and salaries
Daid employes of the company, and
we mean such men as Pillsbury, Shaw,
Hickman and all of them from the
top to the bottom, would leave such
employes with greater purchasing
power than they had in 1917. We have
made no 'proposal and have simply
presented this phase of the question
for the Information or tne commis
sion. So far as the salaries are con
cerned, that is a matter up to the
company officials and not up to the
city of Portland to settle.
"Well," returned Attorney Shaw
wish to deny Mr. Tomlinson's inter
pretation of the question at issue
I maintain that the record will show
that Mr. Tomlinson. in behalf of the
city of Portland, using the voice of
the people and, as he says, the 'voice
of God," has proposed a 10 per cent
decrease in the wages of the employes
of our company.
Argument Is Cat Off.
Chairman Williams cut off further
argument on the point, saying that
the record would disclose what had
been nresented, and that the witness.
having been enlightened on the sub
ject, should proceed to answer the
Questions.
Mrs. Othus explained when she took
the. stand that the organization which
she heads takes an active interest in
any subject that affects the cost o
living in an average home. She also
told the commission that the Portland
Railway. Light & Power company had
obtained an increase in rates after
agreeing to expend $900,000 in im
provements.
"We made an Investigation and
found that the street railway com
pany had spent only $450,000," sh
testified. "We also found that In
making this . expenditure they had
performed work which had been
done three times before. We won
dered if the telephone company had
also failed to spend money for im
provements after obtaining the rate
increase."
Explanation la Attempted.
Attorney Shaw attempted to clear
this point by explaining that th
company uses new money, borrowed
from outside points, with which t
make plant extensions, and that the
only relation which expenditures
bear to the rate structure is that if
the company is not obtaining re
turns on money already invested, it
is difficult to obtain new money.
Mrs. Othus told the commission that
she had enjoyed telephone service I
smaller cities than Portland for $1.5
a month and admitted that it was dif
ficult for her to understand why
was necessary to charge greater rates
In a large city when they had a great
er field to cover and more telephone
in use.
Attorney Shaw said that it would
consume too much time to explai
this perplexing problem at the time
but that it would be explained during
the course of the hearing. He asked
the witness if she did not think it
strange, indeed, if the telephone com
pany was able to fool the city, all of
the people in the city and state com
missions on this point.
. Big Business Held Tricky.
"Big business can fool most of us,
all of the time," Mrs. Othus replied.
In discussing wage increases, Mrs.
Othus declared that the salaries paid
to the higher-ups should be slashed.
She did not sympathize with .the ef
fort to lower the salaries of operators.
M
linemen or commercial ' department
mployes, she said.
Are you going to cut them." she
sked Attorney Shaw when he was
uestioning her as to her idea of wage
ecreases at this time.
No, indeed." said the attorney.
Your own testimony, agreeing that
the company Is entitled to a fair re-
urn on its invested capital, insures
that neither the wages of the em
ployes for present rates will be re
duced." Attorney Shaw informed the wit
es that the allocation of salaries
paid to executives or the company liv
ing outside of Oregon amounted to
niy 7ZZ1 a month, and that a 10 per
cent reduction would only eliminate
iZi.a. month for the phono users.
Merchandise Cud Cited.
Two witnesses were produced by
the city to show the downward trend
of merchandise In Portland. The first.
Grant Phegley of Phegley & Cavender,
testified that the prices of ready-made
clothing had been reduced at least
ne-third during the last year. High-
priced suits which cost $75 wholesale
one year ago can be obtained for fall
delivery at $50, he said.
Cheaper suits have also been re
duced one-third, he said, explaining
mat suits which sold at $60 a year
ago can be bought for fall delivery
at $40. Coveralls selling at $5 retail
one year ago are now selling at $2.50
ne said, and hosiery has also dropped
at least one-third.
On cross-examination Mr. Phegley
said that he. felt he should make a 10
per cent return on his lnvested'capital
but also testified that he expected, be
cause of present conditions, to op
erate this year at a loss.
"W. E. Roberta Takes Stand.
W. E. Roberts of Roberts Bros.'
store testified that the average re
duction of all goods handled by his
company would amount to fully one-
third less than prices prevailing one
year ago. He said that an average
fair return on invested capital would
be 8 per cent.
In answer to a Question placed by
E. M. Cousin of the telephone fed
eration. Attorney Shaw declared that
the Pacific Telephone & Telegraph
company received 20 per cent of all
telephone tolls of the Northwestern
Long Distance Telephone company in
Portland and 30. per cent for service
at outside points for the handling of
long-distance toll switching.
it c. Wright, Portland attorney.
testified that he pays more for tele
phone service in his home and office
than he does for water, electricity,
gas and street-car. tickets. His
taxes are also lower than his annual
telephone bills.
Service Is Declared Poor.
Attorney Wright said that ne had
experienced poor service and had
complained not only to the company
representatives, but also to the pub
lic service commission. He main
tained that the company should bring
its service to a proper standard be
fore requesting increased rates.
This witness also held that greater
economies for Oregon could be ef
fected if the telephone system in this
state was operated by the American
Telephone & Telegraph company. He
did not agree that the company
should be divorced from the parent
company, holding that this plan
would not be as effective, so far as
economies are concerned, as If the
parent company operated all of its
subsidiary companies as one single
ur.lt.
Grant Thomas, realty broker.
brought one specific complaint in
telephone service to the attention of
the commission as evidence that tele
phone service is not worthy of the
present rates.
Failure to Get Call Cited.
Mr. Thomas told the commission
that he had taken dinner with other
members of his family at the home of
a friend on Portland heights and that
It was necessary for him to attend a
rehearsal of the Apollo club on this
particular night. He said that he had
promised to call this home at 10
o'clock to tell the members of his
family of his plans.
Just prior to 10 o clock, according
to his story, he called and was told by
central that they do not answer
After calling again and receiving the
same response he appealed to the su
pervisor, who also informed him that
she could gain no response.
Then, thinking that his family had
decided to come downtown on the
street car to meet him, he left the
building in which he had placed his
calls and met a Portland Heights car,
but saw nothing of his family. Then
he returned to the telephone and tried
again and with no success.
Little Attention Is Paid.
By this time I came to the conclu
sion that members of my family had
gone home without me and I started
for my home in Irvington," he testi
fied. "When I reached there and
found they were not there I again re
sorted to the telephone and after be
ing told that there was no response I
again appealed to supervisor and told
her that I wanted to know if the line
was out of order or if they didn't
answer. I then got my number and
found that they had been waiting for
my call but the telephone bell had
not rung.
Did you complain to the company?"
asked Attorney Tomlinson.
"I went to the office the next morn
ing and told the party that waited on
me that inasmuch as this thing seemed
to happen frequently I wanted to find
out something about it. But the atti
tude taken by the man who waited on
me indicated that it was nothing new
to him and it didn't seem to make
much of a dent on him."
Attorney Shaw Apologises.
Attorney Shaw apologized for the
lack of interest on the part of the em
ployes of the company and then pro
ceeded to bring out by questioning
that many times this complaint is
made when the real fault is that the
party called had left the house for a
few moments during which time the
telephone had been rung. The attor
ney did not maintain that the com
plaint registered by Mr. Thomas was
not bona fide, but brought out the
fact that some disorder was certain
in this case, for it would be easier
for the operator to make the connec
tion than to give the unsatisfactory
report.
To emphasize his contention that
complaints sometimes were the result
of people leaving homes and forget
ting that they had been out. Attorney
Shaw said that one day he had called
his home and received no response.
When he came home, he said, he had
sat down with his wife and gone over
the day and finally found that at the
moment he had attempted to call her
she had been at the corner grocery
store.
Tomlinson Canaea Laugh.
"Perhaps she thought it easier to
agree with you, Mr. Shaw, than to
try and argue with you," suggested
Attorney Tomlinson. ending, the dis
cussion with an ail-around laugh
When Mrs. A. B. Green, who lives
In the Mount Scott district, tried to
use her telephone to call the police
for the purpose of routing a burglar,
the phone was out of order and she
was forced to resort to her "forty
five." she testified.
Under cross-examination, Attorney
Shaw asked her if using the tele
phone on" one occasion to call the
police did not indicate to her that the
Instrument and service were valuable.
"It was the first time I called the
police." she answered, "but the next
time that I needed the police and I
needed them worse this time than I
did any other time the phone was
out of order."
Mrs. Green said that she feels that
she gets value received from money
paid in taxes but does not feel that
telephone service now given is worth
the prices under present rates.
Since the consolidation of the Home
telephone company and the Pacific
company has been made in Portland,
service has not been nearly so good,
according to the opinion of Mrs. R. E.
Stewart, another - city witness. In
times of depression, Mrs. Stewart
maintained, the telephone company
should take losses just as other peo
ple must sustain losses.
When Mrs. Blanche Winchester
calls one friend of hers on the tele
phone she invariably gets a fuel yard,
according to her testimony yesterday.
In addition, she held that she gets
poor servrce ana that when she first
complained to the complaint depart
ment she received no relief. How
ever, now she complains at the Arleta
office a.nd gets improved service. But
sometimes, she said, she is forced to
walk down to the office because of
nability to obtain a telephone con
nection with the Arleta exchange
office.
Present high telephone rates en
courage "community" telephone serv
ice, according to Mrs. Winchester, a
service which she Explained as being
the use of one telephone in a district
by a half dozen neighbors.
Mrs. Winchester said that.it was
not pleasant to have carpets worn
out by such service, but that if one
was to be a good neighbor they could
not refuse the use of a telephone to
someone who needs it to try and get
work in hard times.
The city will continue at 9:30
o'clock this morning to present testi
mony of telephone users in Portland.
It is possible that Lawrence A Mc-
Nary of the Oregon Hotelmen's asso
ciation will present three witnesses
some time today. After the city con
eludes there are a number of wit
nesses from Oregon City, Gladstone,
Milwaukie and Oak Grove to take the
stand. Then the telephone company
will begin to present its evidence.
COTTON CHOP FALLS OFF
OXIr 6 4 PER CEXT PRODCC
TION IS EXPECTED.
Boll Weevil and Rains Rain Much
of Yield and Conditions May
Bo Even Worse.
WASHINGTON, D. C, Aug. 1. The
boll weevil played havoc with the
south's cotton ' crop during July,
heavy rainfall aided in the destruc
tion by promoting a rank growth of
weeds and grass and as a result a
prospective production of 8.203.000
bales was forecast today by the de
partment of agriculture, basing its
estimates on conditions existing July
25. That is a loss of 230.000 bales.
compared with the production fore
cast a month ago.
The crop declined 4.5 points during
the month, much more than the aver
age decline, bringing the conditions
to 64.7 per cent of normal, the low
est July 25 condition on record with
one exception, that of 1866. when
it was 64.1. Unpromising is the pres
ent condition of the crop through
out most of the belt and there is
very serious threat, the department
experts said, of continued and in
creasing damage from the boll weevil,
while grass and weeds are exhaust
ing much of the .crop that remains.
Obituary.
Jessie W. Adams.
MEDFORD, 'Or.. Aug. 1. (Special.)
The death of Jessie W. Adams, well
known civil war veteran of Talent.
Or., nearly 82 years old. removed from
Jackson county one of its most in
teresting figures. He served from the
fall of Fort Sumter to the surrender
at Appomattox. He was born in Put
nam county, Indiana, in 1839, enlisted
in company D, 6th Iowa infantry at
the beginning of the war. He located
In Oregon in 1877.
Robert Wcddle.
JEFFERSON, Or., Aug. 1. (Spe
cial.) The funeral of Robert Weddle
was held here yesterday and the body
laid to rest in the Jefferson cemetery.
Mr. Weddle was one of the pioneers
of this section, having lived in Jeffer
son for more than 30 years. He was
70 years old, and Is survived by
widow and other relatives here. He
was well known throughout Marion
and Linn counties. The funeral serv
ice was held in the Evangelical
church, which was crowded.
J. W. Boothe.
The funeral of J. W. Boothe, whose
body was found ' Sunday hanging
from the limb o.f a tree In Rose City
cemetery after an absence from home
of four days, will be held today at
11 A. M. from the Pearson under
taking parlors. Survivors are the
widow, Mrs. Harriet Boothe, three
sons, Frank, Malcolm and Herbert
one brother. J. F. Boothe, and two
sisters. Mr. Boothe was 57 years old
He lived with his family at 555 East
Forty-ninth street North.
Charles C. Hackleman.
SAN DIEGO. Cal.. Aug. 1. (Spe
cial.) Charles C. Hackleman. native
son of Oregon, born at Salem July
6. 1863. died here Wednesday of pneu
monia. He was a son of the late
John Hackleman, at one time county
clerk of Linn county. Until 1893 he
v.as engaged in the mercantile busi
ness at Lebanon, where he was mar
ried to Miss Carrie Ballard, daugh
ter of the late Dr. D. W. Ballard, at
one time governor of Idaho.
Fritz Ortman.
CONDON. Or., Aug. 1. (Special.)
Fritz Ortman, the 7-year-old son of
Mr. and Mrs. W. H. Ortman of this
city, died at his home here last Satur
day morning after a short illness
from acute gastritis, believed to have
been caused by arsenic poisoning. He
was ill for two days. The funeral
will be held tomorrow. - Mr. Ortman
is one of the new owners of the
Condon Globe-Times.
Mrs. II. B. Sprenger.
ALBANY, Or., Aug. 1. (Special.)
Mrs. H. B. Sprenger, native of Ore
(Ton, and resident of Linn county for
the 66 years of her life, died tonight
at her home in this city. She was
born near Shedd, a daughter of V ill
iam Powers. Linn county pioneer, and
resided near Shedd continuously until
eight years ago, when she and her
husband moved to Albany.' She was
a member of the grange and the order
of the Eastern Star. Mrs. Sprenger
is survived by her husband, former
Iy county commissioner, to whom she
was married 48 years ago, and four
children, Mrs. Charles A. Pugh," Fred
J. Sprenger and Harry G. Sprenger,
all of whom reside near Shedd, and
Mrs. C. E. Powers of Albany.
Henry Harold Lundquist.
. VANCOUVER. Wash.. Aug. 1. (Spe
cial.) Henry Harold Lundquist, aged
11, died yesterday at the home of his
parents at Brush Prairie following
an illness of two weeks. Besides his
parents, Mr. and Mrs. Arthur Lund
quist. he Is survived by a brother,
Johnnie; two Bisters, Lelia and Vlv
ian; a half brother, Elmer . Hill, and
two half sisters, Olga and Ingry Hill.
Great interest in American ready
built houses has been shown in both
France and England, according to
John R. Walker, lumber trade com
missioner.
CHINA TRADE BILL MAIMED
VITAIi COMMERCIAL MEASURE
SLASHED BY COMMITEE.
Legislation to Protect American
Business Interests in Orient
Emasculated in Senate.
THE OREGONIAN NEWS BUREAU,
Washington. D. C., Aug. 1. A thor
oughly maimed and emasculated China
trade bill emerged from a sub-committee
of the judiciary committee of
the senate today ana is promised full
committee action next Monday. If this
promise is kept, the measure passed
twice by the lower branch of congress
by an overwhelming vote will go be
fore the senate next week in such
form that its friends barely will be
able to recognize it.
As the bill was reported by the sub
committee today, all tax exemptions
proviaea by the house to aid Ameri
can companies in China have been
eliminated; also many provisions in
serted by the house and approved by
the department of commerce are cut
away, the effect of which would have
been a strong regulatory power over
American companies in China when
such concerns showed a disposition to
Injure America's name and prestige.
The senate sub-committee also has
changed the character of operation
for such American companies as might
be incorporated under the proposed
act, declaring their functions to be
trade between America and China
rather than transacting business in
China.
Friends of the long-fought cause of
equal business opportunity for Amer
icans in China, as against British
and Japanese tradesmen, will endeav
or to have the house stand by its
original bill when the measure, emerg
ing after a three months' rest in the
judiciary sub-committee, gets into
conference. This seefns to be the
only hope for a measure such as the
Americans in China requested and
which all commercial interests of the
Pacific coast have strongly indorsed.
MULTNOMAH COST LEADS
Mental Defectives' Dependency Sur
vey Is Completed.
SALEM. Or.. Aug. 1. (Special.)
The cost of dependency in Multnomah
county is the highest in the state.
with Marion in second place, accord
ing to a report of the Oregon survey
of mental defectives completed re
cently by the University of Oregon
Dr. Chester L. Carlisle of the United
States public health service assisted
in the survey.
During the year ended June 30.
1920, the total cost to the counties of
the state for caring for these defec
tives was $509,032.48. Of this sum
Multnomah county paid $235,288.35.
and Marion county $23,230.52. With
595 inmates in all state institutions
and 94 receiving outdoor relief and
in poor farms, Marion county is third
in number of inmates in institutions,
according to the survey. In the pe
riod covered by the report 10,127 were
in etate Institutions and 182 were
receiving aid from the counties of
Oregon.
In the etate 65.423 Individuals who
were or had recently been social lia-
bllties, either in communities or in
institutions, were included in the
report.
EASTERN DOCTOR TO TALK
Dr. Skillern, Philadelphia, Will
Operato In Clinics.
The first of a series of lectures on
diseases of the cavities of the face
and nose was delivered last night at
the University club before members
of the Association of Portland Pio
neer Specialists by Dr. Ross Hall
Skillern of Philadelphia, who is de
clared to be the greatest American
authority on this subject.
About 30 physicians, including mem
bers of the association, and out-of-town
physicians who had been invited
to attend, were present.
In addition to the lectures Dr. Skill
ern will give a number of operation
clinics at different hospitals in the
city while here. It was announced
that he will give one lecture each
day during the remainder of the week.
Dr. Skillern is the author of a book
on diseases of the sinuses which has
been translated into a number of
languages.'
This is Dr. Skillern's first visit to
the west and he expressed himself as
perfectly delighted with it yesterday.
He said that he hoped In the future
to be able to come often.
WATER. RIGHTS DEEDED
Official Transfer Made to Settlers
by Central Oregon Company.
BEND, Or., Aug. 1. (Special.) Of
ficially transferring to the central
Oregon Irrigation district the title to
the water rights and irrigation sys
tem of the Central Oregon Irrigation
company, the company s deed to the
settlers was received at district head
quarters in Redmond today. The deed
is to be sent to Bend shortly for
filing.
The transfer Is based on a decision
handed down recently in the Multno
mah county circuit court, and means
the passing of rights and property
valued at approximately 3. 000. 000.
The turnover is made as a complete
Carey-act project.
White Salmon Apple Crop Big.
WHITE SALMON. Wash., Aug. 1.
(Special.) Many apple growers of
the White Salmon. Husum and Un
derwood districts have begun build
ing apple houses and installing grad
ing machines, in preparation for the
heaviest crop of apples this district
has ever had. Six thousand apple
boxes a day are being turned out by
the Laurel Box and Lumber company,
18 miles north of White Salmon.
Oclioco Cattle to Be Tested.
SALEM. Or.. Aug. 1. (Special.)
Dr. W. H. Lytle, state veterinarian,
left here last night for Prineville.
where he will test several hundred
head of cattle on th Ochnco irriga-
5
"mum
lVt jk:-iiVjT tS
BUYERS' WEEK AUG. 1-6
The
Welcome Mat
Is Ready!
Visiting mer
chants will find
"open house" at
Eloesser - Heyemann
Co. Our personal
representatives will
be on deck to greet
you and to take care
of your requirements
in "Can't Bust 'Em"
Overalls and Pants,
"Argonaut" Shirts
and"Can'tBust'Em"
Kute Kuts the
style-plus-wear play
suit that has created
such a phenomenal
success this season.
Hence this whole
hearted invitation:
Come !
"pretty as a picture f
KUTEKIirS
PEG-TOP PLAYSUITS
ELOESSER-HEYNEMANN CO.
Mfrs. of "Can't Bust 'Em' Overalls,
Pants, Kute Kuts, "Argonaut" Shirts,
"Shed Rayne" Waterproof Pants and
Shirts. Phone Broadway 69.
29 Fifth Street, North Portland
tion project. Before returning to
Salem Dr. Lytle will visit other sec
tions of eastern Oregon.
OFFICER JAILS BROTHER
Vanilla Jag: Prompts Policeman to
Take Drastic Action.
MARSH FIELD, Or., Aug. 1. (Spe
cial.) Policeman Higley last night
found his brother Abe carrying about
a vanilla jag and ordered him home
to his family.
Abe objected to his brother's ac
cusation and started a fight. He
landed at the city jail and was in
carcerated for a time until he pro
cured bail. Today he was fined $10
and Officer Higley was commended
for his attention to duty.
AGED MAN BRINGS SUIT
Recovery of Property Transferred
for His Care Sought.
MARSHFIELD. Or., Aug. 1. (Spe
cial.) William Norris alleges that
last December he made over $40,000
worth of property to J. W. and Mabel
laird and they In turn agreed to
maintain him and care for him in
his old age, but they have not ful
filled their contract.
He is now suing the couple for the
return of the property.
Lake County Sheep Dipped.
BEND. Or., Aug. 1. (Special.)
With the exception of three or four
scattered bands, all Lake county sheep
have been dipped, is the report of
Dr. R. A. Parsons, representative of
the bureau of animal Industry, which
is waging warfare against scab in
central Oregon. Dr. Parsons is un
able to state et present whether it
will be necessary to continue the
work next year. In addition to the
Lake county sheep, several bands of
bucks remain to be treated. Dr. Par
sons says.
One-Man Oars Introduced.
CENTRAL! A, Wash.. Aug. 1. (Spe
cial.) The North Coast Power com
pany today began operating one-man
cars on its interurban line between
Centralia and Chehalis. The pay-as-you-enter
plan has been adopted. The
change was made, according to W. A.
Schoel. manager. In the interests of
economy.
Texas Asks Mexican Recognition.
AUSTIN, Tex., Aug. 1. A house
concurrent resolution congratulating
the present government of Mexico on
its achievements and urging early
recognition by the United States gov
ernment of the Mexican republic, was
adopted in the senate today. The reso
lution had passed the house.
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