The Sunday Oregonian., March 08, 1908, SECTION TWO, Page 12, Image 24

1
TUB IT?IUAI UKEUU.MAS. I'OKTIAXD, MAIJCJT
1 mm.
WAYMIH
EIS
DENIED NEW TRIAL
Ex-Captain Bruin Asserts That
He Saw Mayor Embracing
, Woman in Office.
BASIS OF THE PETITION
JfpnM AIm) Trpos That Accused
Slum Id !lnc Ifcur-il Verdict Head
and May Carry ( p the Case
on That Point.
ArmM with new evidnr in thn
form of a ntat-rment from ex-Captain
of T)etf-tlv!n Bruin to th-p effort that
li hi mfpn Mayor Tiarry Tane om-bra-'inK'
a yonnp woman In his private
ofO at the Hamilton building,, the
attorneys for Mrs. Belle Waymire and
K. K. Hadin. lately - convicted of
plotting to besmirch the chief execu
tives reputation went before Circuit
.liirltce Uanttmbehi yesterday and asked
for a new trial of the case. Bruin said
he thought "the young woman In ques
tion was Mrs. TVaynilre, although he
could not be certain, uh he did not get
a Rood view of her. The ex-police
Inspector and one-time confidential
friend of Mayor Lane had also advised
the lawyers of another occasion in
whl-i 1m greatly embarrassed the
Mayor by unexpectedly entering the
now -famous private office while a
young woman was visiliwg therein.
After listening to the outline of
these newly-discovered atatements and
hearing extensive arguments Judge
(iantnnhein overruled the motion ior
r new trial. He said in effect that it
didn't matter in the least whether
Mayor Lane was hugging Mrs. "Way
mire or any other woman. The point
at Issue was whether Mrs. AVaymire
and Radding plotted to embarrass the
Mayor and on this point a jury had
already passed.
Sets Time for Sentence.
Tn overruling the motion Judge Gan
ten. be In said he was ready to pass
sentence on the offender and set
Tuesday morning at 9:30 o'clock as the
hour for passing sentence. It is gen
erally believed that the two culprit
will be sentenced to a term in the
't'ounty Jail. The maximum penalty is
six months' imprisonment, as the
charge is merely a misdemeanor.
Whether the two will receive the limit
i a mailer that remains to be seen
In asking a new trial, Lawyers Sen
rR Fouts and William McGarry not
only made the contention of newly
discovered evidence of a vital nature,
but argued that the verdict was ille
gally received, inasmuch as the de
fendants were not represented in court
at the time the jury's verdict was
brought In and read. Judge Ganten
bein held that the presence of de
fendants was not necessary In a case
where the charge was a misdemeanor.
Mr. Kouts urged that the lav explic
itly nrovlded that defendants in any
criminal cape !i?.d the right t be pres
ent and poll the jury. It is believed
tht the case will he tuk-n to the
Supreme Court on that point.
Looked Like Mrs. Waymire.
As to Hruin's statemnets. it devel
oped that the one-time administra
tion sleuth had unbosomed himself
completely to Messrs. Kouts and 'Mo
Carry. As .outlined by the lawyers,
Hruin went up to the Mayor's office
om- day on business. Through the
slatued window of the, door he chanced
to note an open space and observed
the .Mayor absorbed in the pastiitu: of
embracing a cum el y young woman.
Tti woman appeared very much like
Mrs. Way m Ire. but Bruiu said ho
couldn't be sure nhout that.
Another time the sleuth went up to
thp Mayor on special business.
This was a few daysbcfore the "trag
edy" to the private nffh-e. Rruln
fmind two men loitering just outside
the Mayor's private office. They
stopped him and asked him where he
was going. lie exhibited bis police
badge whereupon the two fell back.
Stepping unannounced into the office,
Hrutu says ho greatly agitated the
Mayor whet hnd a young woman in
th office. Presently the Mayor re
covered his composure somewhat and
s:ld the lady had lost two tine setters
and thought they had been stolen.
Hruin prepared to work on the case,
but later recclvt d a telephone call
ftom the Mayor to the effect that the
doprs had returned home and not to
mind the case.
THE-INTERRUPTED DEBATE
.An Open Letter by T. J. Fording to
Y. S. V'ltcn.
PORTLAND, March 7. Dear Sir:
Having been stopped in the midst of
our debate on Statement No. 1. end
observing that your friends are anxious
to know why a Republican cannot eon
aistently sign that promise, I will at
the same time reply to the boast in
your closing speech that I addressed
"fellow Republicans," but that you
culled them "fellow citizens." in the
name of the dear people of alt parties.
I will admit that the point illustrates
the difference of our view of State
ment No. I. That statement could not
be made a part of tne primarv lnw
because it would be umonst itutiona 1.
but It whs tacked on as a rider (o the
law. yet is in conflh t with that law.
Krom the preamble to the primary
law I quot the f olio win ig excerpts.
"Political parties are useful and neces
sary at the present time." .
"Hvfrv political party has the right to
be protected from the Interference of
persons who are not identified with
It." "The purpose of this law is better
to preserve the right of political
parties."
Section 4. of toe primary law. re
quires, in case your vote is challenged.
That you swear you are tn good faith
a member of the political party with
which you are registered. Mark the
fact that we must be registered s
Republicans, and that no one is allowed
to Interfere with us; that we are deal
ing with the primary law only, and
have nothing to do with any other
party until the primary is over. We
are not permitted to meddle with the
Democrats or Socialists, nor they with
us. until we face each other with can
didates neiccted. Hence in talking to
a Republican club about primary elec
tions 1 had no business to direct my
remarks to any of the dear people ex
cept Republicans, and others had no
business t here except to look on as
silent witnesses.
This primary law does not anticipate
that yon flirt with all the dear people
when you seek a nomination at the
Viand of Kpublicans. A RrpuMUan
Legislative candidate cannot parade the
Joker you call Statement No. 1. whereby
h promises (prior to the primaries
to au!prt nnie ticket other than Re
publican, without violating- both th
letter and the spirit of the primary law.
So much for the law Itself.
What is oar duty to the National Re
publican party? United States Senators
are not state, but National pfficlals,
paid out of the United States Treasury,
to make laws as much for New York as
Oregon, and within six years a Senator
may balance the seales in poliiical
power. What moral right has a Re
publican of Oregon to trade off his
birthright and cheat every state of the
Union out of a Republican Senator, all
to accommodate a minority party that
Is too weak to elect a Legislature, and
is only too willing to trade votes for
the Legislature for votes for their can
didate for United States Senator?
NO insinuation Is here Intended as to
any candidate, but the same line of
policies that has been pursued in the
past will invite fiuch action if a man
signs Statement No. 1 as the price of
any political sentiment he may have
had. What life the Republican party
of Oregon possesses today must be very
largely credited to its relation to Na
tional politics, and the Republican who
has so IMtle gratitude as to forget that
he owec fidelity to his country at
large, may be caught signing State
ment 5o. 1. though in so doing he must
forget that the prea.ni bio to the pri
mary law pledges loyalty to our own
party free from any intrigue with i:n
other party.
VJrdous aa Statement No. 1 is. no
Republican objects to Democrats and
Socialists signing it for all they ran
make out of It, full well knowing It
cannot hurt their chances of success;
but aa Republicans why should we
seek such method of gaining their
votes? If Republicans stand united
the signing of this Joker would be
silly: should our party- divide, then
the signing becomes dangerous. Why
should other parties be so solicitous
for our welfare?
' Out of the two possible conditfons,
why should we take either the silly
or the dangerous course? If as Re
publicans we wish to do anything,
who not do it directly? If our Demo
cratic, friends can elect the Assembly
and a Senator, it certainly is much
more creditable to us than for us to
be a party to the. transaction either
intentionally or by barter.
Stateemnt No. 1 being a plan to co
erce Republicans to do that which
the masses do not wish to do. an effort
to accomplish by strategy that which
our constitution doe not permit, I
certainly hope the scheme will meet
the fate it deserves. Respectfully.
T. J. FORDING.
CUKE TO OPEN Gi
AVILIj S P E A K IX WES X SIDE
TOWNS THIS WEEK.
Will Visit Practically 'Every Section
of State Before Primary Elec-
tions in April.
In the interest of his candidacy for
the Republican nomination for United
States! Senator H. M.,Oake will begin a
vigorous campaign of the state this week.
Hie itinerary will include practically every
section of Oregon.
Mr. Cake's determination to begin the
active -campaign at this time is due, he
says, to his desire to explain to all the
Republican voters of Oregon his stand
on various questions. His position has
been expressed In his platform, he says,
but he desires further explanation of Its
various topics by means of personal
addresaesl
"Through the papers T have submitted
my platform to tho Republican voters of
Oregon," said Mr. Cake, "but in addi
tion to that I desire to address them In
person, to explain more fully and more
clearly my position in various matters.
I hope to hatve tho pleasure of addressing
as many Republican voters as possible
and am confident that my message to
them will be of interest to -all who are
concerned in ' the result of the coming
election."
Mr. ake will bosin his campaign to
morrow night, his opening address being
delivered at Forest Grove at S o'clock,
Tuesday night he will speak at Newherg
and at Hillsboro Wednesday night. He
will address the people of Dallas Thurs
day night and the entire week will be
spent in speaking at various towns and
cities on the west side of tho river.
Next week he will begin a tour of
the east side, visiting tho various places
as far south as Ashland. The tour will
continue through tho various sections of
tho state until tho week before the pri
maries in April, when he will return to
Portland.
BUSINESS OPENINGS
At Marfhriehl on Coos Bay.
Mr. J. L. Bowman, proprietor of the
Brownsville Woolen Mill Store, on
Third and Stark streets, is looking for
some good live merchants to go down
to tho Coos Bay and open stores In
his new modern brick and steel build
ing, which will soon bo completed. One
of tho store, rooms is to be occupied
by a branch ot the Brownsville Wool
en Mill store, and there are three first
class stores left to rent. Besides this,
there are 36 splendid offices, with
steam heat, gas and electric lights and
hot and cold water. These offices are
built with every convenience for busi
ness or professional men.
Marsh field is the- fastest growing
city on the Coast today and offers
exceptional opportunities to men look
ing for a tirst-class permanent lo
cation. Mr. Bowman will show plans of
stores and offices he has to rent and
give any information desired about
the Coos Bay country to anyone call
ing at his store.
IT'S WITH PLEASURE
That we announce to the ladies of
Portland and vicinity that our coat
and suit . department Is now stocked
with t he latest and best of suits,
nkirts and coats, and we cannot Im
press upon our customers too strongly
that in ;his department there are bet
ter val lies and better select Ions than
evt-r before awaiting them at the old
address. Le Pa lain Royal, 375 Wash
ington street.
SURVEYING. INSTRUMENTS
The J. K. tiili Co. have second-hand
Gurley. Bersir. Queen Aloe " transits
for sale or to rent. Instruments of Hll
makes sold, exchanged, repaired and
adjusted. Third and Alder.
Agm on 320-Acre Homesteads.
OREGOXIAN NEW? BUREAU, Wash
ington, March T. Western Senators
and Congressmen have agreed upon
the S20-arre homestead bill, which will
be, pressed 'Vigorously. It requires
residence, except on land which had
no water, also requires cultivation of
one-quarter of the entry by the end
of the third year.
Tomorrow and Tuesday will positively be
the last days for discount on West Side
gaa bills. PORTLAND AS COMPANY.
Olympla Beer. "It'atthe water.- Brew
ery's own bottling. Phones, Main ST1,
A 2467.
PLEA SELF DEFENSE
John Wynne Will Try to Prove
Killing Justifiable.
STATE ALLEGES MURDER
Witnesses to Swear That W. H. De
Puls Was Shot in Cold Blood
. "in Ordinary Saloon
Brawl.
Self defense is to be the defense in the
trial of John Wynne, charged with mur
dering W. H. DuPul. In a saloon brawl
last December. The theory that. Wynne
belie,ved he was in danger of being in
jured when he fired on IXiPuis is given
some color by the fact that tne victim
was the aggressor In the scuffle that pre
ceded the tragedy. The state will con
tend, however, that the fight was an
ordinary saloon brawl and that since
DuPuia exhibited no murderous weapon,
Wynne had no cause to fear violence.
Tho story of the killing was told from
the witness-stand by several witnesses
for the state yesterday. The case was all
but -completed as far as the prosecution
is concerned and after the testimony of
several minor witnesses haa been heard
tomorrow the defense will have its inning.
Martin Denny, proprietor of the saloon
in which the tragedy occurred wa the
principal witness of the day.
The two men were lounging in front of
the bar on the night of December 11, Den
ney said. After they had been drinking
together for nearly an hour a -dispute
arose, Wynne accusing DuPuie of being a
'sponger' because he had not bought a
single drink. DuPuls resented this and
the quarrel continued until DuPuis
reached out suddenly and slapped Wynne
in the face. Wynne grabbed DuPuis
quickly and while holding him reached
into his hip pocket, drew a revolver and
shot him three times.
This testimony was corroborated by W.
J. Shank, bartender at the Denny resort
and by E. Schwitzer, who was lounging
about the saloon in a drunken condition
at the time of the shooting. Schwitzer
was able to tell only a part of what oc
curred as ho was very drunk at the time,
too drunk In fact to remember much, he
said.
Patrolmen Young and Edgerton testified
to arresting Wynne. They found hlin
struggling with two men who had seized
him after the murder. Denny was stand
ing near by holding the smoking revolver,
the officers said. City Physician Zeigler
gave to the Jury the result of a post
mortem examination of DuPuis, describ
ing the nature of the wounds which
caused death.
First degree murder Is the charge upon
which Wynne is being tried. The jury In
the case was secured on Friday and the
opening statements and Introduction of
testimony was taken up yesterday. Thus
far no evidence has been introduced to
show the element of premeditation neces
sary for conviction of first degree murder.
The case is being heard before Judge
O'Day. Deputy District Attorney Bert
Haney and Attorney Seabrook are con
ducting the case for the state while At
torneys Reeder and Caldwell are looking
out for Wynne's Interests.
DEPICTS HUSBAND AS A BRUTE
Sirs. Bertha Johnston Tells Tale of
Domestic Torture.
' Mrs. Bertha Johnston applied to the
Circuit Court yesterday for a divorce
from Harry Johnston, now of Pendleton,
and if half the charges cited in tho com
plaint aro true. Johnston is the most
lintslied brute that ever figured in a
local divorce case. Mrs. Johnston's com
plaint reads far more like a romance of
medieval torture practices than a modern
application for separation.
Mrs. Johnston says they were married
at Vancouver in 1WS and notwithstanding
the recent date of the marriage the com
plaint specifically states that they have a
boy of 11 years. Shortly after they were
married. Johnston got to staying out at
night. That was the beginiug. Then he
took to beating and cursing her. several
times heating her half to death, the com
plaint recites. Kventually he got to de
serting her, leaving with the announce
ment that he would never return but
dropping back for a few meals in the
course of a week or so.
On one of three occasions Johnston
came in after a month's absence and beat
her half to death because she dldri'a have
dinner ready for him, says his wife. As
a side diversion, he amused her with little
stories of his conquests and was particu
larly fluent regarding his escapades with
one "Kate" who wanted to "take him to
Alaska and support him." All this time,
in fact ever since the day of their mar
riage. Mrs. Johnston says she has earned
her own livelihood and that she has had
to seek the help of relatives in securing
decent clothing.
Mrs. Johnston's last experience with her
husband occurred, according to the com
plaint, on the public street, when he
knocked her down and then ran. evidently
fearing some male pedestrian might
resent such brutality. Johnston is now
in Pendleton, having recently gone there
after telling his wife to support herself
and the baby the best way she could, the
complaint sets out. .
ASK CHANGE- OF VENUE
Title Trust Officials Will Make For
mat Motion boon.
J. Tborbnrn Ropb. president, mid othr
indieted off trials of the wrecked Title
Guarantee & Trust Company, will make
an effort to have their trij-tl held in an
other district than this. In fact, they
have advised -Circuit Jxidjre Cleland of
their' intention to move for a change of
venue. The formal motion la to be made
within the next few days. In tho me-an-
Read Sharkey's add today.
Good Pi
mno
SEE US MONDAY
Hovenden-Soule Piano Co.
4 Cor. Morrison and W. Park Sts.
NOVELTIES IN
SPRING
SUITINGS
All the latest designs and
colorings in fine foreign and
domestic fabrics for gentle
men's garments to order.
New shades of wood
browns and leather colors,
moose and caribou browns,
elephant grays and blues,
NICOLL. has them now,
other houses will have them
next season.
Satisfaction guaranteed In all eases.
Oarments to order In a day if required.
Pull Dress and Tuxwio Suttw a ppoilty.
SUITS
WILLIAM jj ERREMS SONS,
lOS THIRD STREET
A NEW HORNLESS
TALKING MACHINE
Eilers Piano House Exhibit Latest
Achievement of the Victor Co.
Kllers Piano House, the oldest and
largest Piano and Talking Machine
dealers in the Northwest, have on ex
hibition In their store the latest
achievement of the Victor Talking Ma
chine. It is a Talking machine without a
horn. This new-style instrument is a
bis step in the advancement of the
Talking Machine. The rendition of
famous bauds. noIos by operatic stars,
etc., are duplicated with marvelous
fidelity. Tliere is no scratching-, prat
ing noise, simply a pure and exact
duplication of the original selection.
All those who have been fortunate
enough to hear it are' enthusiastic in
their descriptions. Yesterday after
noon several well-known local musi
cians could not believe that a Talk
ing Machine was in operation, so per
fect were the reproductions. A cor
dial Invitation Is extended to every
one to hea.r this new invention at the
Kilers store, 353 Washington St., Cor.
of Park.
time affidavits will be prepared assert
ing that the public mind throughout this
district has been inflamed until a fair
trial by Jury would be an Impossibility.
The District Attorney's office regards
this new measure as only a little more
sparring for time. The case has reached
a stage where there appears to be no
other alternative than trial, all dilatory
pleadings having been exhausted.
To just what district the defendants
will ask a transfer of their case is not
stated, although the First Judicial Dis
trict is mentioned. Oregon City and As
toria are both hinted at as the possible
point of trial in the event a change of
venue should be allowed.
Mr. Newell Ready to Make Good.
PORTLAND, ararch 7. (To the Editor.)
-My letter in The Oregonlan yesterday.
FOR MEN
a
. -
i
4 -..v
We are showing MORE styles and
BETTER styles than ever at this low
price. Don't let the modest price
deter you as you will find the IDEN
TICAL fabrics and patterns in up
town stores at $15.00 and $20.00.
When You See It in Our
AdtfsSo
Third and Oak
First and Yamhill
on the subject of locked doors at our
sehoolhouses, has served Ms purpose in
drawing the attention of those most in
terested. While I do not desire to- give
the matter any more newspaper publicity
than it deserves, I am ready to furnish
the School Boafd the name o my in
formant, and can specify the particular
doors which were found locked and the
approximate dates. My office Is in room
33, Washington building.
J. P. NEWELL
Bryan to Speak in Chicago.
LINCOLN. Neb., March 7. William J.
Bryan will deliver an address In Chicago,
March 17. He will be at Peoria March
18 and will return to Chicago March 39.
Mr. Bryan will entertain the Populist and
Democratic editors of Nebraska March 31.
MeUger. Jeweler, optician. 342 Wash.
irOF
20Y
a! V
gsufs si ILea.ciF in
Voir In Portland
This is a long time, and shows conclusively that I have always kept my word and given my patients the
best treatment that it was possible for them to secure here or elsewhere. This is the correct time in the
year to have
PLATES MADE AND
FITTED
I give my personal attention to this branch of the work and
can guarantee the best possible results. There is a great dif
ference in plates, and unless they fit perfectly are a constant
source of .annoyance. If you need, a plate we will extract
useless teeth or decayed stumps without causing you the
slightest pain and supply a plate or bridge on the same day,
if necessary. I have a number of patients from all parts of
the state who require prompt as well as efficient service.
Remember you cannot be too particular about your plate: the best is a comfort and the other
almost worse than nothing. Where two firm teeth remain a plate won't be necessary, then
WE ATTACH A BRIDGE
which works perfectly and chews your food almost as well as the natural
teeth. . A well-made bndge is one of the greatest blessings it is possible
for a skilled dentist to provide his patient. A well-placed bridge lasts a
lifetime and never causes annoyance of any kind.
WE WANT YOUR PATRONAGE
with the feeling that the result will be mutually satisfactory. .Drop in and let me tell you what is
needed. You can have the work done to suit your convenience and pocketbook. Out-of-town people
can write, making appointments, which will be promptly kept by this office. Our terms are the most
reasonable in Portland, considering the high-grade work always supplied.
kind
W
V V
PAINLESS
DENTIST
117
O HO
FAILING BUILDING, THIRD AND WASHINGTON STS.
8 A. M. to 8 P. M. Sundays 9 to 12 BOTH PHONES A and Main 2029