The Sunday Oregonian., June 14, 1908, SECTION TWO, Page 12, Image 24

JUNE 14, 1908.
JURY FAILS TO
YAGA'
TIIE SUNDAY OREGOXIAN, IORTLAXD,
CBV AT
SPECIAL
C I
WALTON
Youth, Once Convicted of
Streetcar Hold-up, Faces
Court on Same Charge.
VOTE STANDS SIX TO SIX
Only Throe Witnesses Testify in Sup
port of Indictment Returned in
1001. for Shooting Po
liceman Xelson.
After deliberating for nearly five hours
the Jury in the case of the state against
Charles W. Walton, charged with as
sault with a dangerous weapon, late last
night reported its inability to agree on
a verdict and was discharged by Judge
Cleland. The jury stood equally di
vided, six for conviction and six for ac
quittal. Another jury will be selected
tomorrow morning and a second trial
wilL be proceeded with Immediately.
Walton was retried yesterday on the
indictment that was returned September
12. liKM, charging him with assault with a
dangerous weapon on the night of Sep
tember 1 of that year. He was charged
with having held up a Portland Heights
car for the purpose of robbery and with
shooting Patrolman Claus Nelson while
attempting to make his escape. At the
former trial Walton was convicted of
two charge?, namely, assault with a dan
gerous weapon, and assault to commit
highway robbery. He was sentenced by
Judge Cleland to the State Penitentiary
for 25 years. Walton's case was subse
quently appealed to the Supreme Court,
and, on a technicality, he was granted a
new trial.
Falls to Find Witnesses.
In the retrial of the case yesterday
the state, which was represented by Dep
uty District Attorneys Haney and Adams,
was obliged to rely on the testimony of
three witnesses. In the three years that
elapsed since the first trial, a number of
the important witnesses for the prosecu
tion removed from the state nnd could not
he located. The first witness called for
the state was Patrolman Nelson, who re
lated the circumstances attending the
holding up of the Portland Heights car
and the capture of Walton, the alleged
highwayman. Nelson said he had ridden
in the front end of the car, ,on the night
of the hold-up. to its terminus. He also
accompanied the train crew back towards
the city to the vicinity of Twenty-eighth
and Thurman streets, where the attempt
ed robbery occurred. Nelson told of see
ing a man running for the car and said
that he so advised the motorman, who
applied the brakes. A few seconds later
Nelson looked towards the back end of
the car and saw the supposed passenger
step into the rear vestibule
Officer Nelson said his attention was
next attracted by a disturbance within
the car. and. raising the curtain of the
car window, declared he saw a man,
whom he identified positively as the de
fendant Walton, scuffling with Conductor
Johnson. Nelson said he then rushed into
the car and grappled with Walton.- being
joined presently by Motorman Bingman.
who succeeded In taking a gun from Wal
ton, but not until after the three had
fallen in a heap in the vestibule and
rolled out of the car. Nelson in the
meantime having been shot twice by
Walton, whose revolver, with two empty
cartridges, was identified by Nelson as
the weapon that was taken from Walton
on the night of the robbery.
Motorman Tells Story.
G. A. Bingman, the motorman of the
car, corroborated Nelson's story and told
of driving the car. with the injured offi
cer and Conductor Johnson, who was
guarding Walton, to the Good Samaritan
Hospital, where Nelson was taken to the
operating-room. He said he afterwards
returned to the car and notified the po
lice at the station to come for Walton.
Mr. Bingman was brought to Portland
from Los Angeles to testify In the case.
The whereabouts of Conductor Johnson,
another material witness for the state,
explained Mr. Haney, was unknown, and
for that reason it had been impossible for
the prosecution to secure his attendance
at the trial.
The last witness for the state was I. E.
Isaacs, driver of the patrol wagon, who
testified to driving to the vicinity of the
Good Samaritan Hospital on the night of
the hold-up and receiving a man who an
swered the description of Walton, who
was taken Immediately to the police
station.
Walton took the stand In his own
behalf and gave his version of the af
fair. He related that on the night of
the hold-up he was feeling ill and de
cided to take a streetcar ride. He did
so, leaving the car in the vicinity of
the Exposition grounds, where he re
mained until about 10:10 o'clock, when,
in order for him to keep his appoint
ment downtown at 10:30 o'clock, he
found It would be necessary for him to
return on the streetcar. He swore that
he signalled the car, and as he stepped
onto the rear platform, he saw some
man in uniform scuffling with a stran
ger inside the car, at the' same lime
hearing two pistol shots. Instantly, he
testified that the stranger brushed past
him and leaped from the car.
Says Xelson Was Mistaken.
At this juncture, Walton said, he was
struck on the head with some weapon
and rendered insensible. That was all
he knew of the incident, he averred,
until he regained consciousness In the
car at the Good Samaritan Hospital,
whence he was taken to the police sta
tion. He denied absolutely that he had
in his possession a gun on that night
and represented that he was the vic
tim of mistaken identity on the part of
Officer Nelson and the men In charge
of the car. Walton insisted that the
guilty man escaped from the car as
he boarded the platform.
Attorney Henry St. Rayner, counsel
for Walton, called several witnesses to
testify regarding the reputaiion of the
accused lad. among them being Henry
Kalin, I. Watson. Henry J. Beck, T. C.
Beckett, Fred Wagner and Fred Eng
lish. Counsel for Walton also called
Officer Nelson, who was asked if he
had not told Captain Slover that he
(Nelson) did not know who shot him
on the night of the hold-up. Nelson
emphatically denied that he had ever
made any such statement. The defense
then called Captain Slover for the pur
pose of impeaching Nelson's testimony
in this regard, but Slover denied that
Nelson had made any such admission to
.ilm.
Attorney St. Rayner then called Mrs.
C. K. Smith in a further effort to prove
"hat such a conversation was held be
tween Nelson and Slover, and that Slo
ver had related the fact to Mrs. Snvth.
Judge Cleland sustained the objection
of the state to the question, for the
reason that the defense could not im
peach the testimony of its own witness.
Judge Cleland's Instructions to the
jury were brief, as were also the clos
ing arguments by counsel. Tlie jury
reurea at nv e ciock.
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If you visit son;e of the beach resorts" guard against
toothache by having your teeth placed in perfect con
dition before leaving. If you visit the mountains you
must also guard against the change of temperature or
have 3our vacation spoiled.
If you come to this office you will receive prompt
attention and the highest grade of skill known to the
profession.
We supply bridges witliout plates that are as serv
iceable as your natural teeth and look just as well. Our
gold and porcelain fillings are unexcelled here or else
where. "When you must have a plate, we make the kind that fit perfectly and
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DR. B. E. WRICnT,
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ON RUBBER PLATE . p3.UU
BEST SET OF TEETH
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PAINLESS
DENTIST
342V2 Washington Street, Corner Seventh
OFFICE HOURS 8 A. M. to 6 P. M. SUNDAYS -9 A,. M. to 1 P. M.
Phone Main 2119 Twelve Year in Portland
LENTS HOLDS ROSE SHOW
SUBURB DISPLAYS ITS CHOIC
EST BLOOMS FOR PRIZES.
Merchants Put Up Awards and Many
Entries Are Made Show Lasts
lor Two Days.
Second in quantity, but equalling In
variety and beauty the rose display in
the Oriental building during the Rose
Festival, was the rose exhibition and
contest held in the public hall at Lents,
Mount Scott, Thursday and Friday aft
ernoons and evenings. The display
was projected and conducted by Mr.
and Mrs. E. P. Tobin, of Lents, and the
enterprising business men of that sub
urb provided a number of prizes to en
courage growers of line roses to bring
in their best. Beginning Thursday aft
ernoon, the long tables of the hall
were banked with the choicest roses of
the neighborhood ijnd the room was
filled with a large audience. Friday
night, when the exhibition ended, the
hall was again filled with people. Many
of the very choicest varieties of roses
were placed on display during the two
afternoons and evenings, and it was
demonstrated that Lents can produce
as fine roses as any suburb of the city.
The people were as much interested in
showing the choicest flowers as they
were in winning the prizes offered by
the business men. At the conclusion
of the exhibition the following were
awarded prizes of equal value:
Mrs. A. G. Shepard, Miss Bright, Mrs.
W. D. Eaton, Mrs. B. B. Stratton, Mrs.
C. S. Bradford. Mrs. W. M. Duckworth,
exhibited by Miss Knowles, Mrs. E. L
Unburn. Mrs. J. C. McGrew, Mrs. Ira
Allen, Mrs. J. M. Grimshaw, Dr. J. B.
Moore, Mrs. J. C. Mauck.
Those receiving honorable mention
are as follows:
Miss Tussle McDowell, Mrs. C. B. Drake
O. R. Additon, Mrs. Joseph Houser. R.
M. Yeager, Miss Crane, Raymond Sie
ber, Fred Rathkey, Mrs. J. E. Stage,
Z. C. Mohr, Mrs. Clara Coffman, Mrs.
AV. M. Powers, Mrs. Allen. Mrs. Moorse,
Mrs. M. J. Macumber, Miss I. M. Johnson.
shopping district and for the exclusive
accommodation of its immense sub
urban service, is the novel railroad
operating project which the Chicago
& Northwestern Railroad will under
take in connection with the building
of its ' new central station, extending
from Lake street to Madison and
fronting on Canal street.
SCHOOL ELECTION MONDAY
H. C. Campbell Candidate for Direc
tor to Succeed Himself.
Election of a director for school dis
trict Xo. 1 will be held tomorrow after
noon, the polls remaining- open from 2
to 6 P. M. H. C. Campbell is the only
candidate, and will be chosen to succeed
himself. A large petition, bearing the
signatures of many of the most promi
nent men in Portland, was recently sent
to him, asking him to allow his name to
go before the public for the place.
There are IT voting precincts in Port
land, where votes are to be cast in this
election. Taxpayers only are permitted
to vote, and in this both men and wo
men may take part. The polling places
are as follows:
Precinct No. 1. 640 Thurman street.
Precinct No. 2, Atkinson School.
Precinct No. 3. 24S Ash street.
Precinct No. 4. Wells-Fargo building.
Precinct No. 5. :t(l3 Third street.
Precinct No. 6. 803 Corbett street.
Precinct No. 7. 4o5 Hawthorne avenue.
Pr'clnct No. 8, 40ft-i East Morrison street.
Precinct No. !. -KKiS Belmont street.
Precinct No. 3 0. 223 Union avenue.
Precinct No. 11. 203 KuspcII street.
Precinct No. 12. 1070 East Thirteenth
street. Seilwood.
Precinct No. 13. Arleta School.
Precinct No. 14. Mount Tabor School.
Precinct No. 15. E. Leezer's office. Ports
mouth. Precinct No. 16. "Woodlawn School.
Precinct No. 1". ,rJH Fix's t street.
JURORS FOR LAND CASES
Names of 75 Veniremen Drawn l)y
Clerk Marsh.
Federal Clerk' Marsh yesterday drew
the names of 75 veniremen who will be
required to appear in the United States
Court Monday, June 22, the date sched
uled lor resuming the Oregon land
fraud cases. Those summoned for jury
service are:
Henry II. Yost, Fremont; Denver
Hackelman, Albany; Edward Lorus,
Portland; Ark Warner. Oregon City;
T. S. MrDaniel, Mount Tabor; M. J. Ad
ams, Silv-erton; D. J. Grant. Falls City:
John M. Lynn, Dallas; A. B. Cavender,
Brownsville; Richard G. Sloan, Port
land; J. D. Hart, Portland; Mart Rob
bins, Marquam; I. A. Allen, Rickreall;
C. W. Thomas, Stayton; Robert Hutch
croft, North Yamhill; H. L. Torrence,
Portland; Milton Miller, Lebanon;
George Clise. Albany; James R. Smith,
Corvallis; Riley Shelton, Scio; Jacob
Ogle, Woodburn; A. M. Smith, Port
land; R. P. Bird, Carlton; W. K. Bow
ers, Brownsville; Albert B. Mason,
Portland: Jack Forrest, Hopewell;
Jacob Witlgr, Mist; B. C. McKinlcy,
Portland; Charles H. Page, Portland;
E. Quackenbush, Portland; James Bil
leter. Portland; Malcolm McEaehern,
Portland; Matthew Wilhelm, Monroe;
W. Herman, Forest Grove; Alex Todd,
Forest Grove; Henry M. Grant, Port
land; M. Catfield, Milwaukie; E. Allen,
Corvallis; C. Hegele, Portland; William
H. Warrens, Portland; Richard Scott,
Milwaukie; S. M. Starrette, Forest
Grove; Ben Selling, Portland; C. J.
Cook, Portland; W. W. Poland, Shedds;
J. H. Rees, Springbrook; Alfred Tuck
er, Portland; George Bolton, Parkers;
Daniel W. Wennerberg, Portland; W.
H. Kirk, Brownsville; W. O. Lownsdale,
Lafayette; Alfred Anderson, Portland;
J. H. Nash, Portland; K. C. Mears, Port
land; Myrvin W. Mix, Independence; G.
C. Fowler, Goble; A. P. llagness,
Wheatland; Roy F. Patton, Portland;
William F. Ryan, Portland; August
Fisher, Corvallis; B. G. Leedy, Sher
wood; C. C. Trip, Portland; H. E. Pat
tee, Gaston; Andrew Lee, Salem;
George Moore, Portland; Frank Odell,
Dayton; F. A. Legg, Salem; Perry Tom
linson, Portland; Peter Pierson. Port
land; William McCord, Oregon City;
Hubert Bernard, Forest Grove; Lewis
Carstens, Manning; C. E. York, Port
land. '
INQUEST ON DEAD ITALIAN
Confines Aerdict to Fact That Pae
trasso Killed l)e Santis.
Deputy Coroner Finley and a Coroner's
jury held an inquest last night at 7:30
o'clock to inquire into the death of Vin
cenzo De Santis. the Italian laborer who
was shot fatally Friday night on the
Patton Road by Antonio Paetrasso, an
other Italian laborer, following a drunken
row originating in a birthday party. De
Santis died yesterday. The jury found
that De Santis had come to his death
from the effects of a gunshot wound, ln
fllcted by Paetrasso. Further than this
they drew no conclusions.
The prisoner is being held by the police,
charged with the killing and the fate of
Paetrasso is now in the hands of the
grand jiury, which will probably make an
investigation. No new testimony was
brought out at the Coroner's inquest. The
facts as revealed on the night of the oc
currence were given in more detail, but
they are substantially the same. They
go to show that Paetrasso, in company
with De Santis, his son, Joe, and his
nephew. Luigi Martina, after dining at
De Santis' house, went together to the
house on the Patton Road where Pae
trasso lived. They took with them a gal
lon jug of wine, which Paetrasso had
bought in celebration of his birthday.
After arriving at the house, a quarrel
arose and the shooting followed.
The son and nephew of De Santis, who
were being held as witnesses, were re
leased from the City Jail last night.
TO RIVED STREET
COMMITTEE APPOINTED TO
CONSIDER GRAND AVENUE.
Proposition Presents Many Difficul
ties Which AVill Be Discussed in
All of Their Phases.
W. Z. Boise, president of the TTnlted
East Side Push Clubs, yesterday appoint
ed the following committee to investigate
the practicability of opening Grand ave
nue from river to river, and also to ex
amine into some other boulev-ard projects:
M. G. Munly. of North East Side Improver
ment Association, chairman; Councilman
R. E. Menefee; W. G. Steele, Peninsular
Development League; C. A. Bigelow,
president East Side Business Men's Club;
Councilman A. N. Wills, president Sell
wood Board of Trade; L. E. Rice, of the
Waverly-Rlchmond Improvement Associa
tion; D. L. Povey, president Holladay
Irvington Improvement Association.
This committee was authorized at the
last meeting of the United East Side
Push Clubs, and has been selected with
reference to every locality interesetd. It
Is the result of toe agitation for opening
Grand avenue, but its functions Include
an investigation of several other proposed
highways. On the Peninsula there is now
being worked out the plan to open and
pave a central street to St. John. This
central avenue starts with Greeley street
at Kllllngsworth avenue, following Gree
ley to Pippin and Pippin to Dawson and
thence to St. John. Another boulevajrd is
to run to the east approach of the, pro
posed bridge at or about Hancock street
and extend eastward to connect with
Alameda avenue in Rose City Park to the
grounds of the Country Club. In the
south a boulevard is proposed to connect
with Ladd avenue at the corner of East
Twenty-first nnd Dfvlslon streets, extend-
We are offering EVERY DAY in the
year the two greatest Clothing Spe
cials in the United States. At
-if-
5? J
i aft $
7 if .'
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
uptown store windows at $20 to $25.
Come in and make us prove it.
WHEN Y0D SEE IT IN OUR AD IT'S SO
MOYER
Third and Oak
First and Yamhill
Ing from that corner southeast to a con
nection with the Foster road, forming a
highway in the direction of Mount Scott.
Also the Sandy road Is to be extended
to East Burnslde street. The Base Line
road, which connects with East Stark
street at East Forty-first street, is in
cluded in the general plan.
As to Grand avenue, there Is a differ
ence of opinion whether the difficulties
in the way of opening it northward from
Hancock street can be overcome. For a
distance of nearly 14 blocks It is closed,
then it is opened for a short distance,
when it is again closed. It would mean
that a new street would have to be cut
through from Hancock northward. To
avoid this another plan Is proposed.
Union avenue is already opened to De
kum avenue in Woodlawn and can be
continued to the Columbia boulevard or
the Columbia River. It Is proposed to
purchase a block at Hancock street and
merge Grand avenue Into Union avenue,
and not undertake to open Grand avenue.
Of course, making Grand avenue a wide
street northward is very attractive, but
it means tlmt a large amount of valuable
property must be purchased outright, as
many houses have been built In the path
way of Grand avenue. All these matters
will be carefully looked Into by this
committee.
"BARNEY" O'HARA IS DEAD
Pioneer of Portland and Ex-Member
of Police Department.
Bernard O'Hara, another pioneer of
Portland, died at his home, 714 Overton
street,' Friday night, the cause being
disability resulting from advanced
years. He was 72 years of age, and
many years ago was a member of the
Portland Police Department. By
thrifty and profitable Investment In
real estate, he accumulated consider
able wealth and retired to private life
something like 15 years ago. He is
survived by his widow and a daughter,
Miss Catherine O'Hara. of this city.
The funeral will be held from St. Pat
rick's Church Monday morning, anA
the interment will be at Mount Cal
vary Cemetery.
During his lifetime. "Barney"
O'Hara, as he was more familiarly
known to the older residents of Port
land, wa noted for his many chari
table acts, for he seemed to take a
keen interest in the wants of his fel
lowmen, and whenever the opportunity
offered, he was always ready to offer
assistance to the, needy or those In dis
tress. Of late years, he had prac
tically retired from active life and de
voted his time and attention to his
family. A few years ago ho purchased
the property on Overton street and
there erected a handsome home, where
he died. Always of a jovial disposi
tion and even temperament, no suc
ceeded In making a host of friends
during his lifetime, who now sincere
ly mourn his loss.
The nlffht hawk makes no n..t ftt all,
sdmply lAylna; ltt egg In a alight depres
sion in the ground. The eKfrs look so much
like nmall ntnnes that they pom undetected
hy th gnrrhr.
ALLEN SCHOOL TO CLOSE
Plan Suburban Depot.
CHICAGO, June 13. A new down
town railroad station, within three or
four blocks pi the beart ot Chicago's
Exercises Tuesday at Hawthorne
Park Presbyterian Church.
The graduating exercises of the Allen
Preparatory School will be held in thu
Hawthorne Park Presbyterian Church,
Tuesday night, June 16. The follow
ing is the programme: Vocal solo,
"Arabian Romance" (Couchols), John
Claire Montieth; address, "The Privi
leged Life," Dr. Luther Dyott; vocal
solo (a), "Among the Hills" (Ronald),
(b) "Little Miss Muffett" (Cooledge),
(c) "Song of Sunshine" (Gornig
Thomas); presentation of diplomas,
Mrs. Margaret V. Allen; vocal solo, (a)
"Were My Songs With Wings Provided"
(Hahn), (b) "A Little Winding Road"
(Ronald), (c) "Ask Nothing More of
Me, Sweet" (Marzials).
The members of the graduating
class are: Verne Auretta Bergen. Isi
dor C. Brill, Herbert Houghton Clarke,
Leotl Elene Deaver, Herbert W. Eiche
meyer, Margaret Almee Haussman, Wal.
ter Mills Huntington, Mildred Ernes
tine Lamed, Julia Ltndsley Palmer,
Dean. Garrison Ray, M. Lois Scott,
Glenn Lara Slgel, Clarence William
Walls, Mabel June Zimmerman.
MOURNING GOODS.
Entire stock of black dress goods on
sale at regular wholesale prices. Take
advantage of the splendid bargains we
are now offering. McAllen & McDon
nell, Third and Morrison.
"The Store That Rights the Wrong"
69-71 Third St.
NEW PROPRIETOR CHICAGO CLOTHING CO.
Bet. Oak and Pine
MEN'S SUITS
A collection of fresh, Mgh-grade
Suits, hand-tailored; have shape-retaining
fronts, finished with fancy
cuffs and other late novelty effects
now so popular. These suits are sold
everywhere in this town for $15.00.
Our price only
Q
MEN'S SUITS
A bargain indeed. This line is of
the finest worsteds, serges and fancy
cheviots. The materials will please
you so will the tailoring, but what
will please you the most is our low
price of only
We Are Selling THE FULLWORTH HAT, "The Name Assures the
Quality," All Styles, Shapes and Popular Shades, Reg. $3 Val. $2.50
AH Straw Hnt at Greatly
Reduced Price.
Chicago Clothing Co., So! Garde, Prop.
69-71 THIRD STREET, BETWEEN OAK AND PINE