THE MORNING OREGONIAN, FRIDAY, JULY 28, 1923
13
MURDER' DEFENSE
SPIGS SURPRISE
Dismissal of Juror Is Asked
in Chicago.
RUSE EXPECTED TO FAIL
Fact That Member of Panel UxeA
Jfear Scene of Bomb Out
rage Basis of Move.
(By Chicago Tribune Leased Wire.)
CHICAGO. July 27. Attorneys for
"Big Tim" Murphy, "Frenchy
Mader, "Con", Shea and two other
alleged labor terrorists sprung a
surprise today when they asked the
dismissal of one of the Jurymen on
the grounds that he lived across the
street froTn a house that had been
bombed by the terrorists. The dis
missal of this Juror would amount
to a mistrial. The Jury was chosen
after more than 1300 men had been
examined. Judge Taylor, who took
the matter under advisement until
tomorrow. Indicated he would dis
miss the motion.
The Juror is J. M. Simpson and
resides across the street from Henry
O'Callaghan, a plumbing contractor.
O'Callaghan's home was bombed
April 10 last because he was work
ing under the Landis award. His
front porch was demolished and a
piece of wood was driven into his
face.
Men Are Acquainted.
He and Simpson said they knew
leach other in a" casual way, had
nodded to each other, but had never
discussed strike troubles except at
the time his home was bombed. On
that occasion windows were broken
In the entire block and the neigh
borhood talked of nothing else for
days.
Meanwhile the trial proceeded
today, with witnesses relating stor
ies of brutal sluggings and bomb
ings. As witness after witness left
the stand, the attorneys for the de
fense hurled this question at them:
"Do you know who killed Police
Lieutenant Lyons on the night or
No one knew. Tne five defendants
leaned back on their chairs, evi
dently bored by the proceedings.
Occasionally "Big Tim" would un
coil himself from his chair, rise to
his feet and inspect a witness.
Defense Scores Point.
The defense scored a point when
the court ruled that Joseph I. Elli
ott, a plumbing contractor, could
not relate an anonymous telephone
warning on the night the home of
another plumbing contractor, a few
blocks distant, was bombed, but
Elliott was permitted to tell' of
several of his men being .terribly
beaten by sluggers. He was paying
the Landis scale and had been re
peatedly warned.
self for a lawyer has a fool for a
client.
Perhaps he thought he might be
the one exception to prove the rule.
At any rate, he essayed to be his at
torney and defendant in police court
yesterday, with small success.
Howard was arrested several days
ago for discharging firearms within
the city limits. He paid the usual
Jury fee, announced that he could
try the case better than any lawyer
he knew and went to bat yesterday
with a Jury before Acting-Judge
Stadter.
It took a Jury of four men less
than that many minutes to return a
verdict of guilty. Upon the recom
mendation of Deputy City Attorney
Terry, Judge Stadter assessed a fine
of $25 and remitted $15 of it.
FOREST FIRES CRITICAL
SITUATIOX IS WASHINGTON
UNCHANGED AND GRATE.
CITY Iffl KEEPS JOB
PRAYING PARK HELPER IS
HELD STIIL IN SERVICE,
Civil Service Bureau's Decision
Leaves J. V. Winters Facing
Same Old Dilemma.
It was the decision of the city
civil service board yesterday that
J. W. "Winters, the "praying park
helper" who quit his job when told
by his superiors to forego his pub
lic supplications to the almighty,
has neither resigned nor been dis
charged. The case of Winters attracted
public attention early last spring.
He was wont to strike a posture
during the noon luncheon hour and
voice his prayers aloud. Complaints
about the practice led the park
bureau heads to tell Winters he
must pray in silence. Rather than
change his custom the employe gave
up his work and appeal on his be
half was made to the civil service
board.
Winters did not make an appear
ance yesterday before the commis
sion. W. E. Eddy and D. C. Lewis
were present to represent him, Mr.
Eddy stated, but they presented
neither facts nor a plea in the mat
ter. -
In ruling simply that Winters is
entitled to his position as a city
employe the board members evi
dently left him in the dilemma he
faced before. Presumably, in order
to retain his place in the park bu
reau, he would be obliged to pray
silently or else change the hour of
part of his devotions.
PICKETS WIN IN COURT
TEMPORARY BAN ON RESTAU
RANT STRIKERS OFF.
IL HER PIGNIG TODAY
SPECIAL TRAINS OF STREET
CARS TO RUN TO OAKS.
More Than 6000 Tickets Passed
Out t6 Members of Shrine and
Their Families.
This is playday for the members
of Al Kader temple of the Shrine and
their families. The annual picnic
of the wearers of the red fez will be
held this afternoon and night at the
Oaks. Special trains of the Portland
Kailway, Light & Power company
will start leaving First and Alder
streets at 11 o'clock and will con
tinue throughout the day.
Herman von Borstel, general
chairman of the shrine picnic com
mittee, last night announced that
more than 6000 tickets had been
passed out for the use of the nobles
and their families.
Everything will be free to the
holders of these tickets, Al Kader
temple being the host for the day.
Basket dinners will be served on the
grounds. Members of the patrol
will be on hand and protect the
children from being devoured by the
animals. The band and chanters are
scheduled to "dispense music through
out the day. Toy balloons and paper
picnic caps will be given free to all
the children in attendance.
Dancing will be one of the fea
tures of the entertainment tonight.
"Missionaries" Acted Legally,
Says Judge Morrow in Decision;
Case to Be Appealed.
The temporary restraining order
prohibiting picketing by striking
employes of the Panama, Liberty
and Oyster Loaf restaurants was
vacated yesterday in a written order
handed down by Judge Morrow of
circuit court. The Judgment dis
missed a suit brought by the pro
prietors seeking to have the tern
porary restraining order made per
manent. .
Notice of appeal was filed by
Martin L. Pipes, attorney for the
restaurants. The case will be car
rled to the supreme court as soon
as possible, Judge Pipes declared.
The pickets were termed "mis
sionaries" wherever referred to by
Judge Morrow ,
"The missionaries in patrolling
the sidewalks did not obstruct the
entrances: they were peaceful and
law-abiding and respectful to passers-by
and to officers, agents and
employes of the said restaurants
and they did not use any loud.
boisterous, vituperative or offensive
language or gestures," the decision
read.
The defendants were acting
within their legal rights and are
legally entitled to have the restrain
ing order vacated and the suit dis
missed."
W. S. TJ'Ren and John A. Collier
were the attorneys for the strikers
The strike was instituted June 9, in
an attempt to obtain an eight-hour
working day and one day off
week.
State Forester Pape Confirms His
Opinion That Many Burns
Are Started Maliciously.
OLYMPIA, Wash, July 27. (Spe
cial.)! No change in, forest fire con
ditions throughout the staie oc
curred today. State INwester Pape
announced. Several of th- larger
fires were corrajled, but the situa-j
tion is the most critical the forestry
division ever has experienced be
cause of the large number of new
fires starting daily,
G. C. Joy, chief warden of the
Washington Forest Pire association.
after a conference with Mr. Pape,
confirmed the tetter's assertion that
many new fires 'have been started
maliciously, some by ranchers wish
ing to burn off the underbrush to
improve their range and some by
men .employed to patrol the fires,
who fear that with fires controlled
or extinguished their Jobs will give
out. .
Area burned over, logging camp
losses and firs fighting expenses
thus far this year hav exceeded any
previous fire record in tho history
of the state, Mr. Pape said.
Green timber damage has not been
so beavy because of concentration
of crews on fires which threat
ened or were burning in timber.
The loss through the destruction of
young growth, however, is extreme
ly heavy. '
Governor Hart announced that
from the governor's special fund he
would meet the July payroll for all
state men on fire patrol duty In the
Olympic peninsula storm zone,' re
lieving the state forester's fund, on
which demand throughout the state
is- unusually heavy.
LIGHTNING STORM REPORTED
New Fires Are Started, But Ail
Brought Under Control.
The first lightning storm of the
season was reported to the offices
of the federal forest service yester
day. It occurred in northeastern
Washington in the Colvllls national
forest. Fires were started and rain
was precipitated. '. Men had the fires
under control before they spread
for any distance. They were not
much aided by ihe rain, which came
only in showers. .
Word came in from the fire at
Herman creek that an opportunity
was presenting itself for the check
ing of the fire. It was being
cornered in a, high draw in climbing
a ciiii.
Portland Attorney Skips
for British Columbia.
Lon Wagner Tires of Explaining
Ue Isn't Bankrupt.
FISHING LIMIT EXPIRES
PURSE SEINERS MUST OB
SERVE 3-MILE LIMIT.
Patrol Boat to Be on Duty Day
and Night to Prevent En
croaching by Anglers.
ASTORIA, Or., July 27. (Special.)
At 2:30 o'clock this afternoon the
time expired in which the federal
court order permitted purse seiners
to fish within the three-mile limit
off the Washington coast. Thirty
five of the craft were fishing out
side yesterday and, according to
Deputy Fish Warden Larson, they
averaged from one to two tons to
the boat, principally of silversides,
and on Tuesday one boat is said to
have taken six tons.
While some of the purse-seine
craft are preparing to give up ths
fight and return to Puget sound.
the officers believe that others will
continue fishing at sea, but the pa
trol boat Phoenix is to be on duty
night and day to see that none en
croaches within the limit.
Deputy . Larson says that during
the six days the purse seiners were
permitted to fish under the court in
junction they destroyed hundreds of
thousands of immature salmon, by
"slatting them out of the seines,
and North beach is littered with the
bodies of the infant fish. The fleet.
anxious to make big atcnes in the
short time allowed, worked close
in to shore, even venturing into
the breakers and dragged in myriads
of the small salmon, which were
gilled! in the meshes.
CANVASS FRAUD ALLEGED
.
Ad Club Better Business Bureau
Investigating Solicitors.
Reports have been made recently
to the better business bureau of the
Portland Ad club regarding solicit
ors for hosiery who have been
claiming, as they go from house to
house, that they have the indorse
ment of the Chamber of Commerce
and the Ad club.
No such indorsements have been
given, according to the better busi
ness bureau, and that organization
!s now investigating other com
plaints concerning the concern.
The bureau officers assert that
the so-called "nail file" test has
been applied by the solicitors to the
silk hosiery they have for- sale.
This demonstration is in disrepute,
it is said, and can be applied suc
cessfully to any grade of silk hose.
Next Time Perhaps He'll
Engage Lawyer.
Charles Howard Finds Dual Role
in Court Difficnlt.
POLICEMAN HIT BY AUTO
Member" of Speed Squad Suffers
Serious Injuries.
Cecil Gladwyn, motorcycle patrol
man on the police speed squad, sus
tained a leg fracture and internal
injuries yesterday when he was
struck by an automobile operated
by Alfred Moline, a clerk, aged IS.
The collision occurred at Twenty
fourth and Overton streets.
Moline was arrested later by traf
fic police and held in $500 bail on a
charge of reckleBs driving. It is
charged that he failed to give right-of-way
to a police vehicle.
Gladwyn was first taken to the
police emergency hospital, but was
removed to St. Vincent's hospital
when it was found that his injuries
were serious. -
"Blank's grocery? This is Lou
Wagner speaking. I want you to
send up a couple of loaves of bread,
a package of "
"Just a minute, Mr. Wagner, I'm
afraid we can't do it."
And so it went all day yesterday
for Lou Wagner, Portland lawyer,
who took it on the chin more times
a minute than an ordinary man is
expected to take it in a lifetime.
It all happened because some per
son by the name of Louis Wagner
had filed a voluntary petition in
bankruptcy in the federal court
Wednesday, listing plenty of debts
but no assets.
Throughout the day Attorney
Wagner was busy answering ques
tions from the curious who wanted
to know why he was taking the
bankruptcy course. , Sympathetic
friends routed him out of bed early
in the morning to condole with him
and the expressions of sympathy
were still going strong last night.
In desperation he arranged his
business affairs hurriedly for a va
cation trip of two weeks in British
Columbia. He leaves by automobile
with his wife this morning.
"The similarity of names was em
barrassing, to say the least," he
complained. "My debtors, thinking
it was I who had gone into bank
ruptcy, laughed as ' they passed me
on the street, while one creditor,
the count, was in a fighting mood."
Lou Wagner, attorney, concluded
by saying he wanted the brighteyed
world to know that the Louis Wag
ner who decided to become a bank
rupt is neither himself nor his son.
ig Use
Car Surprises
For Today
No need to forego the pleasure of owning an automo
bile because you have only a little money to invest in
one of them. Here is a list of ten good buys in used
cars for very low prices. These cars are all in good
running order and, as a man said this morning, they
are "some automobiles for the money." These are just
samples of the values we are offering in our big Clear-'
ance, which has been the most successful in the his
tory of our business. By all means, come and see them.
1918 Briscoe Touring ........ ;.$195
1918 Overland Tourinff "90" r..... 295
1918 Maxwell Touring
1916 Mitchell Roadster ........
1917 Maxwell Touring .
1918 Ford Sedan, electric starter. .
1918 Overland Touring "85"
1920 Ford Touring; ...
1918 Mitchell Light Six
1920 Chevrolet Touring ...
185
275
175
395
275
335
325
335
High Values Low Prices
Easy Terms
We make it easy to buy GOOD used automobiles. A email
payment down makes the car yours. The balance may be paid
in easy monthly installments. Never before was it possible
to obtain good cars for so little money and never before were
the pleasures of motoring so many good roads stretch in
every direction, mountains and beaches are calling. Come
today and select one of these bargains. Open evenings until 9.
SET OF TOOLS
WITH EVERY
CAR
We fit every car wttb. fnll
and complete net of tools
and we give free driving
instruction when needed.
It is our policy to see that
every buyer not only greta
full value but a good start
as well.
Broadway
at Everett
IO. -N
M g
Crisp, delicto
"Nuihin' doin'on mora
awimtt not an your
tweety life not when
I can sc a big bowl
of KMoggfa Corn
Flakem an' fruit ttarin?
at me J Say, whafeha
think it it, old nani
perl"
LUMINUM HIT LATEST
MY IiAjyS STEALS IDEA FROM
POTS AND KETTLES.
PARK ATTENDANCE HEAVY
Thousands Going to Yellowstone,
Report Railroads.
Record business to Yellowstone
park is reported by Harvey E.
Lounsbury, general freight agent
for the Oregon-Washington Rail
road & Navigation company, who
returned yesterday from a trip' to
that playground. ' He spent five
days making trips through the park
and said tourists were everywhere.
Last Sunday, said Mr. Lounsbury,
there were more than 1960 visitors
to Yellowstone. On that day, too,
794 persons entered the Union Pa
cific entrance at West Yellowstone,
which was the greatest number of
rail visitors ever to enter the nark
through any railroad entrance on
any day within the 50 years Yel
lowstone has been open to the public
as a national park. ,
During the present summer, up to
last Sunday, 42,000 visitors had en
tered Yellowstone, as against 36,000
at this time last season.
New Shades Are Burnt Wood,
Toast, Mahogany, Oak, Maple,
Almond, Green, Chestnut.
Aluminum of the variety known
in the manufacture of pots and ket
tles is now appearing on milady'a
hats and many of the latest importa
tions in millinery from Paris are
decorated with that metal in flower
design, according to Jerome C. Men
del, formerly of New York, who has
just come to Portland to take over
the managership of the millinery
department of the Emporium. Mr.
Mendel, who was formerly connect
ed with the American jxeiaji milli
ner's association and edited their
..t.ii-tnn fame to take the posi
tion with the Portland store after
buying for that estaoiianment in
New York.
Nnt nnlv is aluminum having its
inning in the decoration of hats, but
bees, bugs and beetles are aiso ap
pearing and in many cases displac
ing the former flower ornaments, he
said. Many metallic effects such as
silver cloth are also used in tne
milliner's art of the present season,
according to Mr. menaei..
"Among the new colors which are
coming into vogue in the designing
of hats are burnt wood, toast, vari
...... mnnA Dhadf,fi mich as mahoarany.
oak, maple, almond green, seaweed
irreen and chestnut Drown, uaiix mi
MendeL .
Prune Dryer Largest in State.
oit. nr.. .Tulv 27. (Special.)r
Henry Vandervort, member of the
Salem city council, is .uuim.i.s
, ri.. i. hi section
largest. , rt
of the state. The drier will have 10
CHARLES HOWARD, recluse, who
lives on Ross island and ekes
out a living by gathering driftwood
and selling It, had little faith in the
pldaying that a man who has him-
WEEDS CAUSE ARREST
Property Owners Face Prosecu
tion for Nuisances.
Arrests made yesterday in the
woed cleanup campaign , of the city
administration brought to account
these property owners: M. G. Nease.
I 716 Gasco building; William L. Gra-
nam, uenry Duuaing; leo J. Hanley,
attorney; H. W. Hall, 417-418 Lum
bermene building, and J. J. Crossley,
283 Stark street.
In the cases of at least three of
these men they serve as representa
tives of land holding concerns. Those
in charge of the crusade state that
most difficulty has been encoun
tered in eetting action by compan'es
or firms holding large-yacant-areas
of-lanL.
N,
Mrs. Annie Griswold Dies.
LENOX Mass.. July 27. Mrs.
Annie Robe Griswold, for 20 years
one of the leading members of the
Lenox summer colony, is. dead at her
home here. She was born in Eng
land. Before her marriage to Dan
iel Paine Griswold, who died 12
years ago, she appeared in numer
ous society theatrical productions In
New York.
tunnels and a capacity of 600 bush
els of prunes a day. It will be lo
cated on Mr. "Vandevortfs ranch in
Polk county. Mr. Vandevort has es
timated his prune crop for 1923 at
between iOfiao ana 12,4mm) bushels.
CO
perfect food for
FLAKES
days
Health demands a lighter diet during the warm dajsl
That's why Kellogg's Corn Flakes are such an ideal food
for summer! They're not only crisp, appetizing, refresh
ing and really delicious, but wholesome and nourishing!
And, Kellogg's benefit every one, from babyhood to old
age! Eat Kellogg's with fresh fruit now in season!
Kellogg's Corn Flakes are the most popular breakfast
cereal in the w"orld, served with milk or cream; yet, in
thousands of homes they are also appreciated as a dessert
served with plenty of cream and fresh fruit.
Eat Kellogg's Corn Flakes liberally. Let the little
folks have all they want because Kellogg's are easily and
quickly digested, yet they are satisfying and sustaining.
BIG PICNIC- IS PLANNED
Federated Societies and Veterans
of Foreign Wars to Give Fete.
The Federated State societies' pier
nic and summer outing, which was
postponed from July IB, will be held
tomorrow at Crystal Lake park, Mil
waukie, in conjunction with the Vet
erans of Foreign Wars' celebration.
A military, literary and musical pro
gramme has been prepared for the
afternoon, including some of the
most eminent orators, vocalists and
musicians from the entire north
west. Among these are Chaplain
Gilbert, Colonel Thomas R. Hamer,
Vice-Commander Jones, Mrs. Hallie
Parrish Hinges, Miss Dorothy Lewis
and others. Athletic games and con
tests will be held at night.
There will also be an airplane mar
riage by radio in mid-air above the
park, a bathing girls' parade, swim
ming and diving contests, foot races,
tug of war and a ball game between
the Federated State society and the
Veterans of Foreign Wars. A bas
ket dinner at the various state so
ciety headquarters in the park at
6:30 P. M. and a dance in the pa
vilion, with a ten-piece orchestra.
T,wo brass bands will play and there
will be fireworks at night. The
grounds are open from 9 A. M. until
midnight.
LODGES, TO HOLD PICNIC
Masons and Eastern Star Will
Frolic at Gladstone Park.
The annual joint picnic of Mount
Hood Lodge f Masons No. 157 and
Portland chapter No. ?7 of the Order
of Eastern Star will be held at
Gladstone park tomorrow afternoon
Insist upon Kellogg 'a
Corn Flakes in the REI -and
GEEEN package
bearing the signatura
of W. K. Kellogg, origi.
nator of Cain Flakes.
FtAKES
Also makers of KELLOGG'S
(CRUMBLES and KELLOGG'S
BRAN, cooked and krumbled
and evening. An elaborate pro
gramme of races, including races
for fat ! men, lean men and the
women and children, has been ar
ranged and as a feature of the
afternoon a ball game will be played
by two teams yet to "be determined.
Basket lunches will be spread at
6 o'clock in the evening, and dancing
until a late hour in the pavilion
will conclude the day's festivities.
AID DENIED EX-OFFICER
Civil Service Board Will Not Re
open ex-Policeman's Case.
Plea of a L Stanton, discharged
police officer, for aid of the civil
service board in reopening Jiis case
that he may seek reinstatement was
denied yesterday. v Stanton was dis
charged about a year ago, prin
cipally on the grounds of Intoxica
tion. In his letter to the board he
stated that he had learned a leson,
gave promise to conduct himself
properly and asked for "another
chance."
Stanton will be informed by the
civil service body that it has no
authority under which it could re
open his case or aid him. The board
upheld the discharge order and is
now in no position to go back on
that finding.
H00 H00 ORDER INITIATES
Aberdeen Lumbermen Introduce
Novices to Black Cat.
ABERDEEN, Wash., July 27.
(Special.) At the cancatenation of
the Hoo Hoo, the lumbermen's or
ganization, at tne Aberdeen Elks'
home Tuesday night the following
novices were introduced to the big
black cat: Gordon Wagner of Ta
coma, William Donovan Sr., Albert
Hulbert, E. C. Miller, William C.
Wilson, Neil Cooney. Lewis T. Knls
kern, Arthur Tebb, Harold Durfee,
E. A. Middleton and C. A. Pitchford.
Reinstated members were: Eu
gene Shannon, Thomas White, W. B.
Mack, Albert Middleton, A. H. Kuhn
and T. W. Tebb. Following the
iniation members of the order ban
queted at the Washington hotel and
were addressed by Major E. E.
Griggs of Tacoma, "grand snark of
the universe"; Peter Simpkins, for
merly of Utah, and Representative
J. W. Fordney of Michigan.
Phono your want ads to The Ore
gonlam; Main 7070.
Penetrates "vii "
m ARer the tmiraanwot. Housed
1 muscle feel the strain. Stiff
p end sort. But Sloan's Lini- i
I meat swift! takes out every i
I trace of sorenae BenerrafM f
without nibbing fertngserete
. ful relief to all achinf muscles, f
UNION PACIFIC SYSTEM
SHOPMEN
WANTED
FOR RAILROAD SERVICE AND AT WAGES AS FOLLOWS:
Machinists .70 cents per hour
Boilermakers , .,..,... ....-....71centsper hour
Blacksmiths ...... . .70 cents per hour ,
- Freight car repairers . . . .63 cents per hour
Car inspectors .. '. 63 cents per hour
Helpers, all crafts 47 cents per hour
Engine-house laborers ........... -i-38 cents per hour
These men are wanted to take the place of men who are striking
against the decision of the United States Railroad Labor Board.
FULL PROTECTION GUARANTEED. Steady employment and
seniority rights regardless any strike settlement.
' - Apply .
W. J. HANLON,
410 Wells-Fargo Building, Portland, Oregon
or A. C. MOORE, 513 Oregon Bldg, or Superintendent's Office,
Room 29 Union Station
A number of the Great Northern Railway company's regular
employes having left its service, it is necessary to hire men to.
fill their places
Machinists ........ ...:.. 70 cents per hour
Boilermakers . .70J4 cents per hour
Blacksmiths 70 cents per hour
Stationary engineers 57 cents per hour
Stationary firemen 47 cents per hour
Sheet metal and other work
ers in this line ........ .. . . 70 cents per hour
Freight car repairers .v....... 63 cents per hour
Car inspectors..... 63 cents per hour
To replace men now on strike against the decision of the
U. S. Labor Board, at wages and conditions prescribed and
effective July 1, 1922. Apply .
MAURICE P. CODD,
214 Chamber Commerce Bldg., Stark and 4th