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

THE SUNDAY OREGOXIAX, PORTLAND, MAY 24, I90S.
13
It 1 SUITTER IS
FREED BY JURY
Foliceman Is Exonerated
Circuit Court for Killing
Henrys Shaffer.
in
FOUR HOURS'FOR VERDICT
Ruling Is Xot Surprise After Final
Kvidence In Case Is Heard.
. Crowd Greets Finding
"With - Applause.
Patrolman Nathan H. Suitter was
acquitted of the murder of Henry
Bhaffer by a Circuit Co'jrt jury last
night at 9 o'clock, after four hours and
15 minutes of deliberation, the Jury
deciding that the officer committed no
crime when he entered Shaffer's home
on the night of March 1. and shot
down the head of the household who
resisted arrest on a charge of disturb
ing the peace.
The finding was not a surprise. In
the light of the testimony developed
by the defense and the application of
that testimony to the instructions
Biven the Jury by Circuit Judge Cle
land, acquittal was looked for even by
thoge interested in trying to secure
Sultter's conviction. In fact, the Jury
was expected in at a much earlier
hour.
Sultter's wife and a number of his
friends were in court when the ver
dict was read. There was a ripple of
applause as Foreman K. C. Hardman
pronounced the words "not guilty,"
but the demonstration was quickly In
terrupted by the court.
At least three of the Jurors are
known to have favored conviction on a
charge of manslaughter, but so far as
could be learned, not one of them fa
vored conviction of second-degree mur
der. Several ballots were taken and
the majority, favoring acquittal; con
centrated its powers of persuasion on
the contrary Jurors who would not
yield until additional instructions, had
been asked of the court.
Seek Further Instructions.
This occurred at 8:10 o'clock. When
the Jury came in at that hour Ic was
thought a verdict had . been reached,
and Judge Cleland took the bench pre
pared to receive the findings in th
ease. To the general surprise of those
In the courtroom, instructions were
asked as to the law on self-defense. It
was also asked if the court would con
sider a recommendation of mercy
hould a verdict of manslaughter be
returned.
"You have nothing to do with the
punishment that would be Imposed,"
Judge Cleland informed them. "Tour
fluty is to arrive at a concluston as to
the guilt or innocence of the defendant."
From this Incident it was gathered
that several of the Jurors hardly be
lieved Suitter should be freed, and yet
thev did not think he should be se
verely dealt with. Aftor being ad
vised by Judge Cleland that a man
might Are In self-defense when he felt
he was In danger of death or great
bodily injury, the 12 men retired and
In just 30 minutes reached an agree
tnent.
Applause In Jury-Room.
The winning over of the last object
fng Juror was marked by a round of
oud applause from the Jury-room, and
Immediately afterward the spectators
nd interested parties In me court
room heard a significant rapping on
the door, which told that the jurors
Were ready to emerge with their ver
Slct. There was a breathless period
Is the men filed In, took their seats In
the Jury-box, responded to roll-call
and delivered a slip ot paper bearing
their verdict into the hands of the
rourt. Judge Cleland handed the slip
to Deputy County Clerk Wells, who
read it. As he spoke the words "not
gruity." the tension snapped. Friends
gathered about Suitter and his wife
nd showered them with congratula
tions. After Bhaking hands with the
Surors. Suitter left the courtroom with
his wife and friends.
The Jury was made up of H. C. Hard-
man, Thomas J. McNamee, I H. Dear-
florf, Robert Kennedy, William Harder,
Richard Hembach. H. E. Clark, A. J.
Hayseth. Thomas E. Lewis, H. L. Col
vin, H. I Davenport and J. W. Bren-
nun.
Sultter's fate was placed in the hands
Df the jury at 4:45 P. M. Completion
of rebuttal evidence and arguments of
state and defense were effected during
the brief hours of the morning and after
noon session.
Circuit Judge Cleland's instructions
seemed to aid the cause of the defend
ant greatly. He impressed upon the Jur
ors that while a "man s home is his cas
tie," yet that home may not be used
for unlawful purposes and that if, In the
opinion of the jury, Shaffer and his
guests were disturbing the peace with
their Sunday nlRht revelry, Suitter had a
right to enter the house and interfere,
Sultter's Lawyers Confident.
When the case went to the jury
the accused man and his lawyers, as well
as nearly all those who had been in at
tendance on the trial, predicted that the
verdict would be acquittal and that it
would be returned Inside of an hour. The
defense had seemingly made out a strong
case, appealing both to the reason and
sentiment ot the 12 men who were hear
ing the case.
Suitter and his little family presented a
touching picture as they sat in the court
room behind their attorneys. John F. Lo
gan and Dan J Malarkey. His wife sat
at his left, careworn and worried. On
Sultter's knee was their flaxen-haired
daughter of 8. To the little girl It was
a day of recreation, a day away from
home and among strange and Interesting
surroundings. Becoming restless early In
the day, she supped from her father
knee and romped about the courtroom
making friends. Even a coterie of re
lentiess longshoremen. Intent on aveng
ing Shaffer s death by securing Suitter i
conviction, beamed on the little girl as
she walked light-heartedly and unabashed
through the courtroom. Once the child
aproached close to the jury and looked
wonderingly on the 11 men who sat sol
emnly listening to the demands of Dis
trict Attorney Manning for the convic
tlon of ber father.
The defense was materially strength
ened and the state's case weakened
by the rebuttal testimony of Dave
Sprecher, who was a guest at Shaf
fer's home on the night of the shoot
inr. District Attorney Manning ac
cuses Sprecher of having deliberately
deceived him and even suggests that
Sprecher receHed a consideration for
his testimony. This view is indorsed
by Chief Deputy District Attorney
Adams, Who said Sprecher told him
before going on the stand, that, he did
not witness the tragedy.
After being- used to testify that
Chaffer was not armed and did not
strike the officer, a whirlwind cross
examination was directed against the
man by Mr. Malarkey, during which
the witness practically confirmed the
story of the affair as related by Suit
ter. The effect on the jury was ap
parent. Sprecher was called to the stand im
mediately on the opening of the fore
noon session. On direct examination
by Mr. Manning, he said he was in the
house when the officers canea, ana
witnessed the trouble that followed.
At this Mr. Manning began question
ing him about his presence at tne
time of the trouble.
I thought you said you crawled out
through a window and left the place
when the officers came," the state's
prosecutor suggested.
So, I saw the trouble, saia
Sprecher.
Mr. Manning then asked him If he
aw Shaffer strike Suitter or threaten
o Injure him, to which the witness
replied in the negative. Sprecher also
said tnat Shaffer had no gun and did
not appear to be looking for trouble.
The cross-examination by Attorney
Malarkey, however, quickly developed
Sprecher as the strongest witness for
the defense yet called. This cross-ex-
lnation. coming as a climax to the
taking of testimony, was a veritable
bombshell in the state's camp.
'You say chat Shaffer did not strike
at Bultter, but Shaffer did strike at
him. didn t he, and yon saw mm ao
so?" was Mr. Malarkey' s Initial ques- J
tion. !
He raised his hand; yes, sir," was
the response.
Tell the truth now you know that
Shaffer did strike, at Suitter, don't
you v
"Yes, sir."
"And you know that Shaffer Icert
hold of Sultter's club?"
"Yes, I 'saw that."
"Did you hear Shaffer say to Suitter,
you, I've got you now,' and
add something about not interfering
with his business, and when Suitter
puuea nis gun, say, snoot ana De
damned? "
"Yes, sir."
"And did you hear, Suitter say he
would defend himself?"
"Yes, he said that."
"Shaffer walked toward Suitter,
didn't he?"
"Yes, sir."
"And Suitter backed up In the cor
ner and Shaffer kept on coming, isn't
that right?"
"It is."
Manning Opens Arguments.
Sprecher was then excused from the
stand, the state not wishing to indulge
in redirect examination of the man.
The arguments were proceeded with at
once. Mr. Manning opening lor the
state. He went In detail Into the evi
dence presented and urged that In con
sidering the facts he wished the jury
to bear in mind that the celebration and
tragedy which followed occurred in
Shaffer's own home, where he was en
titled to privileges he might not claim
at a public place. He said it was a
pleasant little gathering of friends and
that a disgruntled landlord called in
the police. . It was plain that these peo
ple, knowing they had done nothing
wrong, did not feel they should be sub
jected to the humiliation of a police
visitation, and it was only natural they
should resent the intrusion, and espe
cially that Shaffer should be resentful.
Mr. Logan opened for the de
fense. He, too, went into the details
of evidence from his own point of
view. He said that Suitter did not go
to the Shaffer home on Sunday night.
March 1, as a private citizen, but as a
representative of law and order and on
a mission of upholding the law. It
was nothing more than drunken revel
that was in progress at the Shaffer
home, he averred.
Are you, gentlemen, by your ver
dict, going to indorse the conduct of
a half-baked foreigner, who came here
with his Innate ideas of law-breaking,
wife-beating and brutality?" Mr. Lo
gan asked dramatically. "I say that
Mr. Sultter's life was in danger when
he fired the shot that killed Shaffer.
He was cornered by a great powerful
ruffian and bully, who said.
you, I've got you now What did he
mean by that? What chance would
Suitter standagalnst a giant who, as
you gentlemen have heard from wit
nesses, could lift a steel rail weighing
600 pounds with one hand?
Appeal Made for Family.
Mr. Logan's opening argument con
tinued until adjournment at noon. He
made a strong impression on the jury and
several of the Jurors sniffed suspiciously
as he made a touching appeal for release
of Suitter so that he might return home
with his wife and baby girl, who were
seated in the courtroom beside Jhe
prisoner.
Mr. Malarkey took up the closing argu
ment for Suitter at the afternoon session
and spoke for more than two hours. He
was not sparing of Shaffer and said that
with due respect to the dead he could
not help but brand Shaffer as a great
hulking drunken brute, given to wife
beating and cowardly brutality.
As to Sultter's visitation to the Shaffer
home, Mr. Malarkey said that was fully
justified since there ' was a drunken dis
turbance on at the Shaffer home and
not only law but common decency de
manded that the disgraceful desecration
of the Sabbath should end. He called at
tention to the fact that whole kegs of
beer and demijohns of wine were con
sumed and, when Mr. Manning Inter
rupted him to question the veracity, he
paid his respects to the state s prosecutor
in anything but complimentary terms.
Malarkey's Heated Reply.
"You say I am misrepresenting the facts,
do you, Mr. Manning?" said Mr. Malarkey.
"Then I want to Bay that you are not
able to understand the purport of testi
mony when you hear it. You are the
one who shows a lack of understanding of
the facts in this case. It may be that
you have been too busy going out nights
to address your fellow-citizens at poli
tical meetings to familiarize yourself with
the facts in this case."
Mr. Manning then made his closing plea
for conviction. He said it would be an
outrage on the community to turn Suitter
loose: that It would signify an officer
might enter the home of anyone and do
as he pleased. He said that Shaffer had
been painted much blacker than he was
and that Shaffer only acted as the aver
age man would behave at an unwarranted
Intrusion In his home by an impertinent
policeman. As he spoke, Mrs. Shaffer,
widow of the victim, sat weeping con
spicuously. She has been in. constant at
tendance on the trial, attired In deep
mourning.
Judge Cleland began the delivery of his
instructions at once, on the conclusion
of Mr. Manning's address, and when the
court had finished the Jurors were taken
to the bailiff's room and locked up, for
deliberation.
Pi
EERS TO .MEET
Greatest Reunion of the Soci
ety Is Planned.
SPECIAL RATES GIVEN
Date Set for June 11 All Who
, Came to Oregon Before 1859 Are
Asked to Be Present Big
Tent to Be Erected.
What Is expected will be the greatest
reunion of Oregon Pioneers in the history
of the society will be held June 11. when
all those who are left of the few thousand
dauntless men, women and children who
made their way to the state over the
Old Oregon Trail prior to 1859 will as
semble In this city. Of the 75,000 who.
In the 16 years between 184 and 1859,
guided their barges over the Missouri
River, made their way through the Platte
valleys, passed the giant Rockies through
South Pass, coming lown the Snake
River to the mighty Columbia into Ore
gon, there are perhaps 5000 left.
Just how many remain in the state it
would be hard to say, but 3000 is consid
ered a reasonable estimate by those who
are in a position to know. Of the other
2000, some are scattered through Wash
ington and California, while the rest have
drifted to various parts of the country.
Of those 3000 who still dwell within
the borders of the state perhaps two
thirds will be present at the reunion.
Hardly more than this number are ex
pected. Enthusiasm has not died down
and the flame of patriotism still bums
In the breasts of these people as of old.
but years have told with many of them.
while, in still other cases, Invalidism will
keep others away.
Greatest Reunion of Society.
George H. Himes, secretary of the Ore
gon Pioneer Association, , Is expecting
one of the greatest reunions in the his
tory of the society. Several large tents
will be provided at Tenth and Davis
streets. Just north of the Armory, and
will afford ample room for all those who
attend. All persons coming to, or born
In, the original territory of Oregon up
to 1859. inclusive, without regard to
where they now live are eligible to mem
bership in the society, and if there are
any who have not yet joined, or become
a member of the association, it is not
too late. Everybody that can possibly
leave home, no matter where that may
now be, Mr. Htmes wants to see at the
reunion, and special provision will be
made for the care of all such.
With .the pioneers will come the In
dian War "Veterans those who, when
young in years, stacked guns together
and huddled under the same blankets in
fields and on the hillsides, protecting
what remained of the, ox-teams and
mule-trains after the great tramp over
the plains.
Special (Rates Made.
The Southern Pacific lines in Oregon
and the O. R. & N. Company' have made
special rates and provisions for trans
porting the members of the society in the
state from their homes to Portland. Both
companies will return all pioneers and
Indian War Veterans at one-third the
regular rate, providing they leave for
their homes before June 13. The Northern
Paclfio Railway will give a round trip
rate from all points on its lines for one
and one-third fares, providing 100 receipts
are exhibited to the ticket agent of the
company at Portland.
The Oaks has been offered the pioneers
and veterans free for the day and a
basket picnic will be given at the park
June 12. A special rate of admission will
be made to all relatives and friends of
those who attend the reunion. Speaking
of the reunion yesterday Mr. Hlmes said:
"Nothing seems to cheer up the pioneers
and Indian War Veterans so much as
tld yon read Mr. Eilers' "good
advice" to a friend in bnylnc
piano pnbllshed. In our previous
issue f
If not, hunt up last week's
paper and read it, because it
gives an unbiased and unprejud
iced opinion from one of the
best informed piano men in the
.United States to one of his
friends. Mr. Eilers, the president
of the Eilers Piano House with
forty stores under his personal
control and with many years'
experience in factory work is
beyond question better informed
on musical instruments of all
kinds than any other man in the
West, consequently his advice was
given intelligently.
To show Mr. Eilers' thorough
ness In seeking reliable and au
thentic information, only last
year he traveled to Europe
thousands of miles to investigate
one manufacturer's product. Many
dealers would have merely taken
the instruments and sold them
regardless of what the future
might bring to the buyers not
so Mr. Eilers -he mnst know, and
so it has been with every piano
every musical instrument
placed in his stores for sale to
the public, and in profiting by
his experience you buy safely
and are guaranteed absolute sat
isfaction, hence the Eilers "money
back if not satisfied" guarantee
the strongest possible insurance
to their customers. ,
Mr. Eilers said to his friend
"Buy a Kimball piano" and he
gave his reasons way.
No doubt the reader Is consider
ing the
purchase
of a
piano, or
a mus
ical in
strument of some
kind. If
so, call
at one of
the
Eilers
stores
and ex
amine the beau
tiful new
style
Kimballs.
If not convenient to do so then
write and ask for Kimball Cata
logue B," which will be sent by
return mail and will give you re
liable information as to prices,
terms, etc.
We can sell a "Kimball" by
mail with an absolute certainty
of pleasing the most exacting and
critical musician one who -would
be satisfied with none but the
best. Send for Kimball Catalogue
B" postal will bring it.
piawnoreliabilitor
The House of Highest Quality
Portland, Ortgon.
meeting one another, especially If It
happens to be somebody closely identified
with their younger . days. Friends are
joined together after years and years, and
are only brought to remember each other
by some incident of those stirring days.
BLACK DRESS GOODS.
All black and colored dress goods on
sale at regular -wholesale prices. The
greatest bargain event of theyear! Don't
miss it. Mc Allen & McDonnell, Third and
Morrison.
THE SUMMER HAT
You can find at Le Palais Royal In the
latest creations, designed and trimmed
to suit you, at a very moderate price.
375 "Washington street.
FAVORS FOR THE FIESTA
Large and Attractive Line on Dis
play at the Cream Store.
The Hazelwood Cream Store has placed
on sale its large and attractive line of
favors, especially selected' for fiesta re
ceptions and banquets.
The magnificent full-blown rose deserves
special mention and must be seen to be
appreciated. They have them in both red
and pink and it would be hard to con
ceive of a more appropriate or desirable
favor for the fiesta season.
CARD OF THANKS.
Mrs. C. E. Cook and daughter wish
in thank the many friends whn no
kindly assisted them in their recent
bereavement, and for the beautiful
floral olierings.
Wall to Be "
Torn Down
Ten years of business growing
makes it necessary for The Lion
to have a larger cage.
June First
We Add the Adjoining Store
But first we must make room for
the masons and carpenters one
side of the store must be pulled
down, and our stock of merchan
dise is in the way.
Help Us Move the Goods
We'll make prices and quality the
inducement. Our word for it
that genuine and generous price
concessions will be made on ev
ery thing that men and boys wear
ClOftllBQ.
GuS KuhnProp'
166-168 THIRD STREET
Co
TWO
GREAT
ECIAIS
" W ,1
- 1
We are offering: EVERY DAY in the
,year the two greatest Clothing Spe
cials in the United States. At
0 DOLLARS
we show hundreds of Suits the equal
of any suit sold elsewhere in the city
at $15 Guaranteed in every way
Your money refunded if not satisfac
tory. At
we show Suits that are marked in up
town store windows at $20 to $25.
Come in and make us prove it.
WHEN YOU SEE IT IN OUR AD IT'S SO
MOYER
Third and Oak
First and Yamhill
A Bohn Syphon Refrigerator
A Bohn saves ITS COST almost every year in provisions that it keeps r&i
from spoiling, as well as in the strict economy in ice.
A cheap refrigerator generally "eats its head off" in foods wasted
and in ice consumed, so that the first difference in favor of the ordinary
refrigerator is a genuine extravagance instead of saving.
THINK OF THE SATISFACTION
the beautiful and wonderful Bohn gives its user. Milk and cream ever
sweet, vegetables crisp; fruit firm and full flavored; meats choice and
eatable; Summer drinks delightfully cold; porcelain lining cleansed per
fectly by wiping with a moist cloth; doors tightly closed and the box
itself a thing of beauty.
FULLY WARRANTED
All American railroads use it after severest tests by refrigeration ex
perts. 'Why shouldn't you own onef Price them and examine them in
our refrigerator section, basement annex.
Our Prices on the Bohn Refrigerator Vary From $27 to $165
;We have 57 different varieties of refrigerators in stock.
-5M voo Wi tteC
Put in Your Screens Fly Season Is Open
American
SESBJSS1
FIT ANY WINDOW
IMMEDIATE.
J
DELIVERY S
EEN1
TWO SLIDING STRIPS WITH EACH SCREEN
4
t-- --------- r t - . : i i
Poctorw Baj the Common House
Fly Carries 100,000 Germs Around
Witn It. Lvtxc Its Trail of Filth
Special Sale on American
Window Screens
The American Screen is suit
able for the best residences, ho
tels, clubs, hospitals, schools
and apartment houses.
Matte throughout of selected oak
mission flnlstt. They require no "fit
ting" whatever. Br nailing the two
strips (which accompany every Screen)
to window frame, set your Screen in
place and screen Is ready for use.
The American Window Screen Works
entirely independent of the regular
sash. The following is a list of
stock sizes and prices:
No. 1 28 lncb.es high," adjusts 22
to 26 Inches. Regular price, 95c;
special 65C
No. 2 32 Inches high, adjusts 26
to 30 inches. Regular price,
. $1.35; special 90tt
No. 3 34 Inches high, adjusts 26
to 30 inches. Regular price,
11.40; special 95
No. 4 34 Inches high, adjusts 32
to 36 inches. Regular price,
J1.70; special 81.15
No. 5 36 Inches high, adjusts 26
to 30 Inches. Regular price,
tl.50; special .81.00
No. 6 36 Inches high, adjusts 32
to 36 Inches. Regular price,
S1.80; special 81.25
f 1 A I
MEAT SAFES
18x30 Meat Safes ; finish throughout in
workmanship manner, wood stained wal
nut, wire cloth painted green,' special price
for Monday and Tuesday only
90c Each
Garland Gas Range
The Garland Gas Range has saved
more hours of drudgery than any
other article of kitchen equipments.
No coal to carry, no slow ovens, no
failures in cooking. Baking, broil
ing, frying or boiling is all the
same with the Garland Gas Range,
Everything done to a turn with very
little attention and at a consider
able saving In fuel.
We claim that the Garland Gas
Range Is more economical In the
consumption of fuel than any other
gas stove manufactured a feature
which must appeal to any buyer.
Prices vary from $11 to $126 each.
Our leader for this week will be
stove as per above cut with 16-lnch
oven and broiler.
Price $27 Each
NEYMAN HARDWARE CO.