14
TITE SUNDAY OREGOMAN, TORTLAXD, MAY 23. iOOO.
STRAUS CASE IS
READY FOR JURY
McCourt Urges Cashier Must
Have Known Amount of
Cash Left in Safe.
TRIAL REVIEWED IN FULL
Logan and Stevenson Lay Emphasis
on Lack of Direct Totimonjr anil
Say Any One of Four
Might Be Guilty.
For three hours yesterday morning
points in the evidence -taken in the trial
of C A. Straus on the charge of defal
cation of tt0 in Postoflice funds wer.
elucidated to the Jury t- the lawyers en
gaged in the prosecution and defense.
For the Government District Attorney
John McCourt and his deputy. J. R.
Wyatt. pointed out suspicious acts on the
part of Straus as shown In the testimony.
They minimized his alleged eye trouble,
condemned him as indifferent to the
shortage and insisted that Straus .niibt
have known approximately how much
money he left In the safe when lie ol
tained a leave of absence on April IK.
never to resume his duties as cashier.
The arguments for the defense were
made by John H. Stevenson and John T.
l.ogan. The main plea was that the
Oovernment had failed to establish any
thing but suspicion against Straus, that
the same degree of suspicion could rest
against three others in tie employ of the
Govrmment. and that nothing had been
revealod in the life of Straus that would
furnish a motive for the defalcation.
Wyatt Opens for Government.
The argument for the Government was
opened by Mr. Wyatt. who called the
attention of the jury to the fact that only
a minor portion of the alleged defalcation
was in stock and insisted that if the is
sue had been clouded by evidence tend
ing to show carelessness In the care of
the stockroom that matter could be
eliminated altogether without explaining
away the cash shortage.
Mr. Wyatt expressed the belief that
Straus did not actually need assistance to
mark his ballot in the primary election
on the day preceding his leaving his posi
tion and he argued that the plea of blind
ness was but a convenient one to give an
excuse for abandoning his work as the
time drew near for the annual investiga
tion of Postofflce accounts by the Gov
ernment Inspectors. ICe characterized
Miss Boll man as Straus' "confidential
adviser." and dwelt on the evidence that
Straus induced the postmaster to aban
don dally cash balances in his depart
ment as a suspicious circumstance.
That the Government had raised only
a "collosal statue of suspicion" ngalnHt
Straus was the contention of Mr. Steven
son. This suspicion he Insisted was
shared equally among four persons. Post
master Minto, Assistant Prtstmaster J. J.
Shipley. Miss Bollman and Mr. Straus;
that there was as much evidence to con
vict one as the other and not enough
evidence to convict any of them. lie
referred to Inspector Way land as "Sleuth
Wayland," and to the other inspectors as
"Hawksh'aws." and called attention to
the total absence of testimony that
Straus was addicted to wine, women,
automobillng. horse-racing, gambling, or
other pursuits that so often cause the
downfall of trusted employes.
Names Others With Straus.
"If a stranger unfamiliar with the in
dictment In tliis case were to have at
tended the trial he wouiu have been at
a loss to know from the evidence who
was the defendant. John W. Minto. J. J
Shipley, c. A. Straus or Miss Bollman "
declared John F. Logan.
Rx-Postmaster Minto. said Logan,
had "displayed collosal Ignorance of
the duties of his position." He had
failed to have the combination changed
on the vault or aafe when he took
office and did not seem to know what
his J1R0.00O bond to the Government
w-as for. Referring to the evidence
that Straus had Induced Mr. Minto to
abandon the cash balance sheet. Mr.
1gan said it wa preposterous to as
sume that Straus would stop balancing
his books in 1905 because ho Intended
to steal 13000 in 1908. Straus had fol
lowed Minto's customs and orders.
"What In heaven's name was he
there for?" asked the attorney.
Steve Richards, former porter and
stock clerk, was characterized by Mr.
Ixgan as a "stamp thief." who had
lied on the stand.
Mr. Logan disclaimed any intention
of asserting that Mr. Minto was guilty
of the defalcation.
Suspicion Only, Says Logan.
"The burden of it is upon the Gov
ernment." he said, "to satisfy you be
yond all reasonable doubt of the guilt
of the defendant; h. rs not called upon
to establish his Innocence. It. is not
enough that the Government ha raised
suspicion: it is not enough that there
Vis a mystery. The Government cannot
k for a conviction upon a mystery.
The Government can only ask for a
conviction when It has dispelled all
mystery and established his guilt be
yond a reasonable doubt.
"Suspicion Is to be distinguished from
rroof a thousand suspicions do not
form one proof. Suspicion may form a
ground of - accusation, but never of
conviction. The law admits of no sur
mises, forced consequence or harsh
con struct ions."
To illustrate the fallibility of cir
cumstantial evidence Mr. Logan read
from the Old Testament the story of
Joseph and Potlphar's wife how Jo
seph was unjustly thrown Into Jail on
the evidence of a garment owned by
him being found in the woman's apart
ment. Mr. Logan. Jlke bis associate. Mr.
Stevenson, referred to the possible mo
tives of the inspectors, saying that
failure to secure a conviction for the
defalcation would be a loss- to them
In Washington city while a convic
tion would add to their honors.
Case Closed by McCourt.
The argument of nistrict Attorney
McCourt closed the case. There were
only three possible explanations for
the loss of the money, said Mr. Mc
Court. Either Straus had lost It. it
had been stolen from him or he had
stolen It himself. Straus had admitted,
said Mr. McCourt. that the money was
not lost by or stolen from him and
had not dared to say that he had
taken it himself. Mr. McCourt in
sisted that it was a lie on the part
of Straus to say. after working years
in that department, that he did not
know how much money he usually left
In the safe when he deposited cash In
the hank. He insisted that it could
not be supposed that Straus' assistant.
Miss Bollman. did any different from
what had been the custom when she
left between' $500 and 900 In the s.-.fe
each morning when she banked after
Straus had left the department.
The District Attorney pointed out
that Richards, the porter, had paid his
grocery bill In stamps before he wu
employed In the Postofflce. that ba
left the Go-ernment employ seven
months before Straus did and that
Straus had testified that he had checked
the stock room four months before he
quit and had found' It all right. Mr.
McCourt declared that Straus had ob
jected to the employment of Dr. storey
as an assistant in his department, be
cause Storey had been an accountant
In the Treas-iry Department In Wash
ington and Straus was afraid Storey
would discover the shortage.
The District Attorney also expressed
the belief that Straus had refused the
position as chief clerk for the United
States Marshal In 190 at 11000 a year
because he did not dare turn over his
accounts to some other person. As to
the abandonment of the dally balance
sheet before 1905. Mr. McCourt insisted
that it would have been possible for
Straus to borrow money to make good
a discrepancy In his accounts mhrn the
check -was made by the Ini-pectors in
May. litis, and said that probably the
shortage then was not so large, but as
time went on It grew and be was un- 1
abie to borrow so great an amount,
and therefore left his position on the
plea of failing eyesight. Straus, he
said, did not dare accept the offer of
the Inspectors permitting him to call
In one of his own friends -to check over
anew with them the accounts of his of
fice. The case will not o to the Jury until
Monday. Judge Wolverton notified
counsel that he would Instruct the Jury
Monday morning, and said that It waa
bis impression that the Jury should be
Instructed that It might find Straus
guilty or Innocent of any or all of
three counts contained In the Indict
ment, but that sentence could only be
Imposed as though one offense had
been committed In the event Straus
were found guilty on more than one
count. He suggested that authorities
be cited on this point If counsel so de
sired.
WILL TALK TO PUPILS
G. A.
It- VISITING COMMITTEES
AXXOl'XC'EII.
Patriotic Memorial Speeches to Be
Made by Veteran Next Fri
day Afternoon.
The Memorial day committee of the
G. A. R. has made the details of com
rades to visit the public schools of
Portland next Friday at 1 P. M. The
first-named on each detail will act as
chairman, and should at once communi
cate with the principal of the school to
which he Is assigned, and also with
the comrades on his detail. The com
mittee urgently requests all comrades
to go to the school assigned to each
detail. Whether named on the list or
not, go to some school. All are not ex
pected to address the school children.
The addresses will be brief. The de
tails follow:
Arleta-M. G. Aldrich. A W. Miller,
'.eorge Doerfler. L, Jean, D. R. Ander
son. R. A. Rowley.
Alnsworth W. H. TT Blaney, ft. J.
Mickley. William A. Tiffany. I c. Shnr
no. i. A. Prentice. M. .f. Trowbrklge.
P. 8. Powell. Wward Rosen.
AtklnsonA. B. Rorthwick. F. L tvie
ganri. Thomaif A- Jordan. O. A. Tllden.
l- A"fn- G- J- ptts. George Full,
A. . W alters.
Rr.wklyn-J. C. Dodge. M. 3. Morse
J. Slotterhack. George Older. H. B Bal
lard. H. Baumhoer. C .A- Williams. A. M.
1 lines.
"ent-r Addition J. J. Miller, Otis
Brook. D. w. Butler. John H. Gay. J
H. Way. O. G. StiurtlifT. "
Chapman J. R. K. Irvln. F P. Dotv
R. S. Greenleaf. D. D. Neer. P. J New
berg. I. B. Allen. H. Sutcllff. George
Williams.
Clinton Kellev H. B. Keen. IV. 8
Drake. J. W. Griffith. C W. Cottell. K.
Martin. August Wentz.
Couch G. K. Cankln. Flbert V. Pamev,
W. N. Morse, Patrick Holland. Thomas
M. Anderson. A. W. Powers. C A. Ma
larkey. J. D. Jackson.
Creston H. O. Canfieid. J. Orendorf. J.
W. Ogilbee. R. . Markee. H. H. Tape.
O-orse Pierce. Adam Dlller. H. Worden.
Davis J. Worick. J. J. Hlrshimer. T.
C. Rlstlg. J. A. Sladen. I. S. Thomas.
John Mi Connell. James M. Donough. Jo
seph Somers.
Falling H. 8. Allen. F. M. Johnson,
Olef Anderson. T. B. McDevltt. W. F.
coyie. j. v. Lakln, Silas Osborne. F. K.
Arnold.
Fern wood "W. W. Jaque. W. A. Bu
chanan. J. A. Peck ham. T. Gl Da.vlson.
II. C. Rlgby.
Fultm Park Charles Lamar. J. T.
Miienlilmer. R S. Henley. V. J. McAll
ister. Henrv Perry.
Glei-oe D. K. Illff. Richard Price. J.
A. Rriwn. Kll Zatter, J. K. Anderson,
c. IVallen. M. Huart. H. K. Krbzer.
J. Vaughn, J. R. Stephenson.
Hawthorne H. H. Pierce. D. B. Bush.
O. E. Merrill. S. K. Gilbert. G. K. Not
tiige. J. N. Voorhees. J. L. Randels, J.
H. Hustls. Kll Creekpaum. J. R. Cham
berlain. M. C. Thompson.
Highland J. B. Gardner. K M. Hitch
rock. A. Dibble. J. J. Walter, & R
Stambaugh. J. Olesaner. R. B. Lucas, G.
B. Ilartmus.
Holman I. G. Dare. B. B. Turlar. T. J.
Pallersen. James Fall. J. W. Thomas.
W. K. Driskill. F. N. Koliock. A. C
Sloan.
HolUdny W. T. Kerr. O. M. Fau-ett.
J. A. Newell. Jacob Hsrtman. Michael
Good. P.. Mills. August Dimple.
Irvlngton Knos Swan. . C. Hender
son. J. A. Bra.len. l-eont.!s Smith. W. 8.
Cutter. J. Tl. Mathers. H N. Burwell.
Kern I. M McGowan. J. W. I'urrtn.
Chrlit ipher Mills. J H. Campbell. J.
Rartv-r. Daniel Clark. J. W. MUllngton.
L. Carle.
Lai 1 . Summers. W. M Mania 1 1. J.
K Ciurtney. Martin Riley. D. P. Mitcnell.
James Jackson. John Kledclbaugh. J. S
Hamilton. Frank Ul'tner.
Ijn-oln Hlah S. R- Harrington. J. H.
Woodward. D. J. Haynos. J. A. Leaman,
L-lwaM Ionnrl1y.
Llewellyn George Bodgrs. W. R.
Owens. A. Walker. David Kvans.
Moaiivllla Kphrattn M. Stephens. A. r.
Kdmond. James Itowntng. P.. . Math
ews. C K. Kennedy. H. c. York. James
M. Griffith. B. F. Isxvls. II. A. Intr
Mount Tnboe C. H. 'Welch. Oeorr. U-1-dle.
V. H. Wetherby. V.. T. Brvant. K.
W. Pike. J. K R- ( nuttier. R. It. M'ck
ton. Martin Foster. O. II. Botkln, W t.lutm
Wenb'irne.
Nnh Central J. I Wells. L. n Train.
A. I. Sharno. D. L. Tra.y. I N. Guv.
C. W. Tracv. A. K. Currier. O. H. Prink.
Char! s Brown. James Frown.
r.kle Green H. H- Thompson. John
Storau. O. M. Downs. H. M. Plttlnger.
J. H. Badger. J. T. WlUon. George H
Smith. K. G. Tate
Rii'iUTinrat T. . Wilson. A. H. Arnold.
L. H. Sargent. J. T Smith. C. A. Alb n.
R.e t.lty Park W. N. Stanley. V. H.
Smith.
Sellaood J. C. Adams. W. Lockhsrt. J
HiM'tvfr. A. R. Cumpston. c. c. Trail.
J W. Campbell. N. T. B. Schuler. B-one
Hawthorne.
Shaver Hnry Thtiman. G. V. Bllllrc-s.
G W. Thomas. J. A. Younr. D. W. Se
brtni:. F J. Yours. R. Hattleld.
Shatfjrk R. T. hamberlaln. T. F
Flvnn. Ney Churchman. H. A. Sever
ance. M. J. Sammnni.. K. B. Hill. V. B.
Crobv. R. A. Wohlfarth.
South Mount Taboi C. H. Ctmrbell C.
H. Jame-. Robert Rutherford. Paul Tru
lt:. J. M. Coolldse. A. II. Nichols. O.
Connor -i.
Stephens H. H Northnip. Perry Tim
llnson. Phillip S'.lciier. J K. Graham.
Ja:n Tthev. I. A. GlfTord. M. Orewller,
A. Mlt.-hell. J. Mair. J. S Fass.
Sunnv.i. J J. Ktsher. T. T. Stnihte.
F. P. Taff. F. M. Vrner. H. W. Spear.
J. L. t ampbell. Kdw In Tmret. y. it
Rix. Tl eodore Prwuin. J A. Forbes. Will
iam lardner. William Cl.ain bers.
Terwilltger John K- B.r.d. . Matte,
son. V.. W. Maxwell. Henry Zeoman. J.
C. Wilkinson. Kzra Crcs.
rhompeon Charter Holloway. James
Abernatl y. William Sln-!air. J MrNcltv.
I. D. Fiulev. G. L. Wlillams. George
Plle. C L. I-oveland. Theodore Deschner
Vermn J. J. Glllia. W. E. liaden
Peter Knoblock, T. Ai Snlnehart. Tlino
thv Kelley.
Wlluims Avenue Phillip Ttwton. W
A. Bitner. David Butler. Rrtntmi lve
lace. R. H. Dumb-ilten II. F. Tales
mum WicHme. II. M. Tims.
Woj-lstock Jotin K. Trigs. L. T. Pitrce.
ATOCEM is to be a Mational Resort
Something Infinitely More Than the
Local Watering Place of the Northwest
POTTER-CHAPIN-REALTY COMPANY
416 R. A. Long Building
Kansas City. Mo.
8. B. Orm.by. Wtlltan Bta. R Hum
mel. Jeremiah Fuln. N-ifi K.rwt-ll.
Adam Faulk. J. W. Bowls. lluJolph I nw
bumniuie. Wasninrtn Mlrta . E. nine. M I
Praft. K. W. Pool. Fre-1 NVldemiark. L.
I. Ilanna. J. I- Hall. David Fewier.
THE NEW CITY CHARTER
A Hit of Poncent Criticism Plrerted
Against IL
The Spectator. Portland.
If you hav. Bt read th. propo.d
charter, do tiot vote for It. If you .v.r
hav. th. time to read It. you will vol
against It. The proposed new charter
orrra us llttut la eichans for th. old.
Th. so-called commlon plan of govern
ment Is th. main feature, but It la a poor.
eak copy of the Ualveston and Ora
Moines forma. Th city Is to h gov
erned by six Councllmen. at Cdno a year
each, and a Mayor at Vwo a year. Kaeh
of the Councllmen la to have ehaxg. of a
department, to wbtcb he will be as
signed by the Mayor. Think of Bill RufT
Dek, the North Kr.d candidate, eierted
and at the head of the polio, department.
r of Frank Lee Fribble, th. paving
trust man. elected and running the street
department. Cr of Harry Lsrnkln In
charge, of th. Are department, with full
power to Mr. and discharge a. h. saw
f.t. The pUtur. Is not attractive. Soma
of us may thtnk the large salary attached
to the office of Councilman or Mayor will
Induce good men to run. It w'.il. Hut
It will not deter bad men from running.
From what me read !n the papers. w an
led to believe that the bad men are
usually elected.
It 1 men are able to form a combination
"More than a million a week" now reading of
Bayocean. After the closest investigation the Satur
day Evening Post, in its last issue, gives Bayocean
national publicity.
Because we want the people of the United States
to know of Bayocean now," so that they will plan to visit
it when the resort is opened in 1910, we have begun
our campaign of nation-wide advertising the adver
tisement in the Post is but the first gun. The Post
accepts realty advertising only after scrutinizing the
entire proposition. We explained what Bayocean
was and what it would be that was sufficient!
Our Kansas City, San Francisco, Spokane and
Portland offices are being made the centers of Bay
ocean's national activity. For every person in Portland
who has bought an interest in Bayocean there is al
ready someone outside of this City who has also
secured an interest. Up to the present day residents
of the following states have obtained Summer home
sites in Bayocean: New York, Massachusetts, Florida,
Ohio, Michigan, North Dakota, Missouri, Montana,
Idaho, California, Maine, Tennessee, Alaska and Wash
ington. In Washington alone over 300 lots have been
sold in the past year.
to control leg!, la Hon In Uva Coujk-11. will It
b any harder for our Mwn governors
la get a combine of four? And It should
not fee forgotten that under this propud
charter th. men woo m.k. our lava
Ih esecut. them. hav. a etierk on
our legulativ. tf.xly now; lh only rlk
. will ha, under In. new charter w.ll
be that provided by t h. louratlnn of our
governor.. I. it wla. to giv. any oin
men Hgtsl.tlv. and e&ecutiv. pooer la
it not powibW that brfor. a e.r h.s
pad under th. n.w chart. r. ar-d when
hoot everything movnbb h. be4n
"lifted." w. shall hav aom. Councllmen.
In contemplating in. opportunities they
liav. had for taking th. city, escialm mito
Xvarren Hastlnga lluit they ant aurpnord
at their on moderation?
Ti new charter has but to bo read to
b. rejected.
DESCHUTES RAILROAD LINE
Inadt Inability of Kacrlficint the
ti rem tcr to Lhe Ic .
. Hend Bulletin.
The Injustli-a and fool'.shnraa of alloalng
a power proposition on th. Lower Des
chutes to hold up a railroad Into Central
Orefun is readily seen, when conditions
are fully understood. Last veek tl Bul
letin contained an Item to th. effect that
tne O. H. at N. Company bad two sur
veying crews in the canyon running a line
to get over tl proposed dam .it. of
th. lregon Land Company. Thi. company
has a proposition of putting In a clam
1X& feet high to develop au.uuo horse pom er.
Th. Bulletin has Information a hlch states
that th. dam. the development and de
livery of Luo powor aiil com about
514 Corbett Building. Portland, Oregon
422 Columbia Building
Spokane, Wash.
which tneaaa that lb 4am villi
aot bo bu ll for aorno tan, if at ait. as
then, is no market for th. power at
preaent. To. entire .lectncol
tn.nt la Port land la kM ttu ja
power, and It will bo ear. befnr. tlxr.
..11 bo any m.rfcrt f -r 1 1 pniar to t-.
developed oo tb. Lomer I ..-huirft.
W.terpoa.r on tic-h.ut. sl.aCld
he mturnH bcliet rr pooetble. but It
should not bo alioocd to rob Central tt.
Kn of a r.Uro4. The poovr may bo
uod In th. ye.ra to come; It . a v v -1 ..p.
ment for tho diMont fulur. A r.llro.4
Into thai nla t. a crvlr.g si d ro.
Ulv. ua a railroad and ihea t her. will bo
a development that will tn.k. a tnarh.t
for tho power. v not retard th. .ntira
Inland emplr. In order lo preaorve a water
pooer in. t mar bo .ii oom. day la th.
dim and distant future.
WOULD SARD0U LIKE IT?
Pari, llrara h-iocy of tireat IUj
right and Marvel, at Kvents,
PARIS. May II. Special- A f.w
da bef or. his death Vlctnn.n Kardou
waa walking up from th. Rue Moral,
to th. Credit Lyonnala. It. stoppod
auddonly on tho Plac do la Mad.leln.
and pointed to th statu, of Jul. tl
mon.
-y.l volla." ho aald. nodding hi. head
half a doa.n times In his curiously em
phatic manner, "that la the way th.y
spoil our Pari, for na. Ixwk at that
abaurd little great man In a marbla
frock coat. II. waa a groat statesman,
but a modern coat oven on th. back of
a great .tateamaa can never no a work
of art In marble. And what annove m
moat la that lo put up this .t.tu. of a
man la modern annt ih.y h.. taken
a.y a deiightf uiir pretty Inn. foun.
" V 0,"'. ,hrm " "
It. M.del.ln. Il.ulrh
T?-o lir two fountain flh. o. I.
which Kardou pointed I t. eolng ro
mood no. In a f.w month.' tim. it
I. lo bo roplacod br a .i.tuo of Ksrdou.
Th. euiptr. who k no the .torr. mar
bo tempted, but h. will hardly dteu
hM In a toga.
r Kill. Mas a Near Play.
IjiVI.V yr r? -TS- rr, h. peo-
f aV S
Take Sell wood Car to Bybce Strccl
No Agents on SunJay to Bother You.
Columbia Trust Company
Board of Trade Building
901 Monadnock Building
San Francisco, CaL
, K NM the podaetln f IWw.rd
,... new pi.,. -Th. fnoming t o of
I ri-a' Pe-ool " Th. pi.,. ,bkh w.s ow
1 r.he.rl f,--
Mr. m a r:..t .rtr,ptc ini.rvi.w
la ft-.e Ist.y ri w mi.:
Tl.. nw ot e t. io ir p'.av, not bo
(.ue it u tm: cicvjfc. tut iom.uos it ug
get. bel.ef In Vd pt.luring a sot of
ungodly people !,o w.k. t. p to tho pee
cptiosi ih.t ii4 is a re.i. vital and
acting CklMefc"
Vote lo b.i th. roving irut. and gf
ele.Tee 1re p.-erren.
Part of
Ladd's Crystal Springs Farm