I 78 Pages Pages 1 to 14 VOL. XXX NO. 44. I'OKTLAXD, ORE(!OX, SUNDAY MORNING, OCTOBER ,29, 1011. PKICE FIVE CENTS. SEX IS BETRAYED BY TELLTALE LEAP BRIEF DEFENDING OREGON PLAN FILED 'FREAK' ACC.D-NTS IT MAY BE ABERNATHY "KIDS" ALMOST AT GOAL L FRET COMMISSION DEPRIVED OF- VOTE EVIL, SAYS COFFEY CHARGE OF VENUE WOMAN'S SIXRLT SAFE UNTIL MIK ALIGHTS FROM CAK. CARMAN" STRAIN'S BACK 'LIFT BOYS RIDK lOM CONEY IXG BABY CARRLAGE.'' ISLAND TO SACRAMENTO. PRESDEN TAZWEL UPHOLDS DHOW MAY SK McNamaraCaseAlmost 2 TALESMEN FURNISH CAUSE Court Rules on Frampton's Testimony as Whole. JUDGE'S VOICE HOARSE lc'n-e- Ob jo 1st (o Question Wheth er I. re Is Hard of Hearing in Ilotli Far or One Men Strongly Opposed. LS ANGELES, Oct. 2. Strong pos sibility for a petition for a change of venue la seen before the close of the third week of the McXamara trial, which ended today In a general anarL Such a demand already ha been re fused by Judge Bordwell. the refusal being barked by an affidavit from Judge Hut ton. presiding- judge of the II departments of the Superior Court of Los Angeles County, certifying; to the Impartiality of Judge KordweiL The examination of Winters and Frampton. who were challenged for cause, has not been completed. Both men are still under challenge tonight, tt having occurred to Attorney Le compte Iavl. for the defense, after the adverse ruling; of the court, that neither had been interrogated as to whether he would rote for conviction In a capital cue on circumstantial evidence alone. Each said he would not. and as this is ground for challenge, under the law. they were challenged. State Kealata rkalleage. The state resisted. Assistant District r Attorney Horton declaring that" such challenge should have been offered sooner or not at all: that if the men were against hanging It was so much better for the defense, and that the statutory provision never waa Intended and could not be used as "a savior of peremptory challenges. "We don't want Frampton or Winter on that Jury, because they are not fair minded men," cried Attorney Scott for the defense, in response to this. "We : want them off. no matter whether the challenge la on the ground that appears to be beneflcial under other circum stances or oL Four talesmen accepted by both sides as to cause, but still subject to peremp tory challenge, two more now under challenge for cause and six In the box waiting examination, was the showing at the end of the third court week. Seead raael Nearly base. The trial, however, started In the middle of the first week and waa In terrupted by a holiday. One panel of 125 veniremen has been used up and another of 40 Is nearly gone. The jurors accepted as to cause are Sea born Manning, farmer: K. F. Bain, car penter: G. W. McKee. real estate dealer; George F. Green, orange grower. Win ter and Frampton are under challenge. The others are A. J. Wilson. T. E. Pres ton. George W. Johnson. Sam Menden hall. Lorenxo Humana and 'Frank Frakea. Clarence S. Darrow, chief of counsel for the defense. In a statement late to day, outlined what would be the view taken by the defense concerning the two talesmen In case an appeal for change of Judge should be made, but attorneys for the defense declared that here was legal recourse If they feel It necessary or advisable. If the appeal should be refused. It still would be part of the record, as subject. In the opinion of the defense, to appeal to a higher court In the event of an un favorable verdict. Baals ! Appeal Oatllaed. These grounds, as outlined by Par row, Independently of discussion con cerning an appeal, are in part as fol lows: Talesman Frampton said that he had the opinion that organised labor was a menace to the welfare of the country: that after serious consideration he hud formed the opinion that the defendant ! was guilty of murder: that It was a fixed opinion and that It would require a great deal of evidence to make blm even doubt the guilt: that his mind was fully made up beyond a reasonable doubt that the defendant was guilty. "Could you give the defendant a fair trial? Do you think you could T" was the last question asked him. "Not In the state of mind I have low." he replied. A. C Winter said that he had been prejudiced against labor unions for many years: that be had a fixed opinion that the defendant was guilty; that he was president of the Retail Butchers Association, and that when there was a strike of the employes of the whole- I sale butchers he took a striker's place; . that he was stoned and rotten-egged by the strikers: that he was prejudiced against unions, and was at the present lime; that If he went Into the Jury box 1 he would be handicapped by that preju- j lice, and the defendant would have to t prove that he was not guilty. Taleaaaea'a Aaawera Maddled. "I believe It would be Impossible to find where any other court had ever held that such jurors could give de- iCoacluded ea frmf 2.) bait Lake Shoemaker. Inheriting Husband's I-af-t and Trousers. FimI Cu-Momcr 20 Years'. SALT LAKE CITY. Ort. I Hun dred:; of Salt Lake people who have patronised "William" II. M.-Cleerey. shoemaker for I'D years, were surprised today to learn that "William" Is a woman. Mrs. McClecrey. who was left a widow 20 yearn aj;o. succeeded to her husband's troilters and Ms business and it was only when an observing bystander watched her alight from a elrrrtcar that h r hi was discovered. So well did she preserve her dis guise that she was employed for years as Instructor In the Industrial depart ment of the University of Utah and the Ogden School for the Deaf and Blind. Mr?v McClvTey- declares that she had many interesting experiences with her own sex. several of whom, she says, fell desperately in love with her. "I prefer wearing male attire." the said today, "but if there Is any objec tion from anyone I will abandon trousers forever. I hope, however, I may be allowed to dress as I please while at work on my bench." MONTESANO WINS MEET Mate Pair) men' Association to Oat her There In December. MONTESANO, Vash.. Oct. 28. (Spe cial ) Through, the efforts of S. ri. Morse . one of the proprietors of the Monterano Creamery, the annual meet ing; of the State Dairymen's Associa tion will be . held . In. Montesano De cember 6. and 7. B. K Troy, one of the directors, was in Montesano for a few days the first of the week,' look ing over the advantage of this city as a meeting place for the convention. II was so favorably impressed that he used all his Influence for this city with the result that Montesano was chosen ovor . Winlock. which also sought the honor. Officers of the association are W. J. Langdon. Sumner, president; Wil liam lxett. Oak Hurbor. vice-president; F. E. Smith. Seattle, secretary and treasurer. The board of directors Is rnmpaMil of B. S. Troy. Chimacum; Adam Stevens and H. F. Heed. Kllena- burg, and K. J. Ross, Bothel. It is said that 200 members of the asso ciation. Including many of the leading dairymen of the state, will attend the convention. FATHER ORDERED TO HELP Parent. Who Would Sell Son, Must Support Babe and Mother. Ben Vehon. who, his wife, Grace Vehon, and other witnesses say, was willing to sell bin 6-mon tlis-old son for 1100. was commanded by County Judge Cleeton yesterday to pay $25 a month toward the support of his wife and child. He was required to fur nish a hpnd of $350 as a guarantee that he would observe the court's order. A term on the rockplle facfd him had not the bond been forthcoming. TWO MOST PROMINENT FIGURES I . wV Mm : Yiy :Vt-. :ty iftu: S$ l .-l;'- te . t : : n'.-'4 A': v ABOVi; ITAI.I4T SOI.DIKK RESTIXti ARAB1 MIOT, AU I.WEK HE V, ' (il'.UU IN TRU'OLI STREETS. Bloodless Revolution Seen by Williams FIVE STATES GAIN DEMAND Boston Lawyer Holds Form Is Still Republican. LEGISLATURE WEAK POINT California, Arkansas, South Dakota, Colorado and Nebraska Repre sented in Appeal to Federal Supreme Court. WASHINGTON, Oct. 2S. In the name of the states of California. Ar kansas, South Dakota, Colorado and Nebraska, George Fred Williams, of Boston, today sent to Washington brief calling upon the Supreme Court of the I'nlted States to hold constitu tional the Initiative and referendum method of legislation adopted by Ore gon.. . He . expects to ask the court next week for permission to file It, on behalf of those states, when the Ore gon case. Involving the constitution ality of the method, comes up for oral argument before the court. Imperfect political conditions in this country have led to a' demand -for the Initiative and referendum method of legislation. Mr. Williams informs the court. He speaks of the demand for it as a part of "the reaction against the control of privilege." Revolution Called Momentous. "The present movement constitutes the. most momentous political revolu tion in our history," Mr. Williams de clares, "conducted without bloodshed and even acrimonious political can test." The attorney for the states Informs the court that reform "moves on like a tidal wave Which Legislatures and courts cannot halt." He says that po litical organisations "have . not been responsive to popular will; selection of good men has failed: party platforms are not regarded as pledges; the peo ple are unable to trust their servants." He adds that ay fear of the Executive has ceased, after more than a cen tury's trial, but "for the first time the Judiciary has become a subject of apprehension In the last few years," and the legislative department proved the weakest department of state. Legislative Omissions Cited. Mr. Williams cities statements this year by the Governors of Colorado, Maine, New York and New Hampshire, i Concluded on Psse 2. I IN LATE DEVELOPMENTS IN TURKO-IT ALLAN WAR, AND SCENES OCCUPATION. x . If l . i. . N. Nxv Off STKPS OF Bill. DING. CEXGHU LIIGI CAXOTA, ITALUJf COMMANDER, WHO HAS HAD SCORES OF WHO HAS AROISBD HINTERLAND IS HOLY WAR AGAI.tST ITALIAN S. BELOW, IT t LI A.N TROOPS OX , And Another Man Wants Damages Because He Stopped to Get Drink Claims Many. OLTMPIA. Wash, Oct. IS. (Spe clal.) When a streetcar conductor says he has strained his back "lifting- a baby carriage off a car," Is he en titled to damages from the new Wash ington Industrial Insurance Commis sion? This and hundreds of accidents of an equally "freakish" nature are puzzling the commission, which, although it has been In existence but a month, has had 400 claims filed with it and it Is estimated that within a short time the claims will amount to 500 a month, and possibly to 10,000 a year, when the law is In full operation. A Snohomish County man wants damages because he got off a train to get a drink. He, Fays he was on a coti structlon car which passed a saloon. An overwhelming desire to satisfy an equally overwhelming thirst caused him to jump off, although the con ductor told him to stay on board. Having absorbed the stimulant, he found the train was already underway and made a dash to "flip" the rear end. He lost his grip. The resultant inju ries: One compound fracture of the left arm, two fingers lost from the left hand, one left ear chopped off, seven rlba broken, some of them in two places, one collar bone broken and an assorted number of severe cuts. The report concludes: "His body was one mass of bruises from head to foot." The commission has not yet decided whether he. is entitled to damages. Of the claims filed, 10 have been set tied, among them four death settle ments of (4000 apiece. The balance of six were small amounts for minor in juries.. MINING BUILDING TO RISE Oregon Agricultural College Asks for Bids Before January 1. OREGON AGRICULTURAL COL LEGE, .Corvallls. Or., Oct. 28. (Spe cial.) The announcement has Just been made at the Oregon Agricultural Col lege that bids for the erection of the new Mining building will be received on January 1 and contracts let. The last Legislature appropriated 128,000 for this building. The plans are already drawn and the site chosen. The nrst floor ut the central por tion of the building will contain the executive offices ot the mining depart ment and several recitation rooms. The second floor will be divided Into mlner a'.ogical laboratories, geological labora tory and a targe drafting, room. Assay and metallurgical laboratories, with thorough . equipments, will 'be located In the east wing. The ceramics depart ment will have laboratories for clay and cement working In the west wing. i:eslds the students In the course, who last year numbered over 150, con siderably over 1000 mineral analyses and reports on mineral products, in cluding coal, cement, building stone, clays, gems, mineral waters, gold, silver, lead, zinc, platinum were carried on for people In different sections. rTZfT r: f . '"f V ' . "fi--A''.' -JJ-rt-0- J i HI Flaw in Registration Found by Clerk. SPEECH DEFENDS JUDICIARY Whole Heart Put Into Veto of Statehood Bill. WEAKNESS IS IN PEOPLE Naval Training Station fn Lake Is Dedicated, but for Xa Purpose of War Willi Neighbors Across Border. CHICAGO, Oct. 28. President Taft, who frequently refers to himself as the titular head of the Republican party. was in a quandary tonight. The Pres ident doesn't know whether he's a qual ified voter any more. He doesn't know whether the election authorities In Cin cinnati, his home city. Intend to let him cast a ballot in the city election next Tuesday. More than two weeks ago Mr. Taft made out his registration papers, mailed them from tho Pacific. Coast, and thought no more about It. A few days later the President was informed by the Cincinnati Election Board that he had failed to have the pr per affi davit made out to accompany the pa pers. At Newcastle, Wyo., where he was the guest of Representative Mon dell, the President made out new pa pers and the necessary affidavit, which were mailed to Cincinnati. Secretary Htlles was informed today. evidently on good authority, that the President had failed to register prop erly in time. Question Still Undecided. Later in the day word came from Cincinnati that the whole subject had been put up to Secretary of State Graves, of Ohio, and that it was not definitely settled whether Mr. Taft had a right to cast a ballot. Mr. Taft s going to Cincinnati, anyhow, and he would like to vote if possible. President Taft spent a busy day in Chicago. He spoke to the American Mining Congress in the morning, in dorsing the speech made by Secretary of the Interior Fisher here last night; told the members of the Chicago Bar Association that he was and expects always to be opposed to the recall of i the judiciary; rode 60 miles by special train to dedicate the new naval-training station at North Chicago, and ad dressed tonight the Chicago Associa tion of Commerce on peace and arbitra- Concluded on Page 2.) IN TRIPOLI UNDER ITALIAN 4 y ri v 3 1 M ' if Hit. a. Dclays on Way Caused by High Water Nand Escape - of Horses. $10,000 Purse to Be Reward. SACRAMENTO. Cal., Oct. 2S. Temple Abernathy and his brother, Louis, aged 7 and 11 years, respectively, arrived in Sacramento on horseback this morning-, after a ride that has taken them almost across the continent. Tho boys set forth from Coney Island, August 1, and were to make the trip to San Fran cisco in 60 days to win a purse of $10. 000. said to have been offered by sev eral millionaires of New York. They were delayed in Utah and Wyoming, when their horses got away, and again lost five days in Wyoming because of high water. For 4500 miles the boys have ridden unaccompanied. Their father. J. 7;. Abarnathy, accompanied them from the Rocky Mountains to Sacramento. BUNNY APPEALS TO POLICE A Her Long Chase, Rabbit Heads for Station He's a Mascot Now. SALEM, Or., Oct. 28. (Special.) In stinctively locating the safety port in the storm, a big, long-eared Jaekrabbit dashed into the office of the Chief of Police this afternoon ahead of a crowd of dogs in full cry. The kind-hearted police officer captured the rabbit and will keep it for a mascot. The jaekrabbit, of the regular sage brush variety, was first sighted by L. H. McMahon at State and Commercial streets. Bunny was coming full tilt, and endeavored to get into a saloon. A bird dog sighted it and the chase started, with dogs of all breeds and de scriptions in full cry. Around several blocks went the hare, with excited citi zens taking a hand In the guise of sportsmen. With a last frantic leap, eyes staring from Its head, the rabbit raced into the station and stopped before the Desk Marshal. The appeal was sufficient. The dogs were driven away and "Brer" has a home. WOMAN WILL BE TRIED Litigant Who Used Whip on Judge to Answer Charge. SEATTLE, Oct. 28. Mrs. Christina Olson, who horsewhipped Superior Judge John F. Main in the Courthouse corridor yesterday because he had set aside two jury verdicts in her favor, was arraigned in the Criminal Court here today on a charge of assault In the third degree. She pleaded not guilty and her trial was set for next Sat urday. Immediately after the arraignment she was taken before Judge Main te an swer a charge of contempt of court. The Judge said he would pass upon the case next Saturday. Following the arraignment of Mrs. Olson, her husband. George Olson, a painter, was arrested In the courtroom charged with having made threats to kill Judge Main. He will be required to furnish a bond of J500 to keep the peace. ' FRESHMEN WIN BAG RUSH Oregon Agricultural College Sopho mores Are Worsted. CORVALLIS. Or., Oct. 28. (Special.) The freshmen won the annual bag rush from the second classmen this 1 . .. .. . .. two. ine rooioan crowd was on the ' fiM when tho contest InnV nlnr-o surf 1 saw the sophomores go down to de feat before their rivals. The worst that happened was a few score of shirts torn to shreds and some very red backs. The senior class was in charge of the rush and saw to! it that no unnecessary roughness was used, but even at that it was no molly coddle affair. The "dead and wounded" on both sides were able to be on their feet at the end of the "rough house" to give three cheers. DEADLOCK HOLDS COUNCIL Chehalis Citizens IIoje for Amicable Settlement of Grievances. CHEHALIS. Wash.. Oct. 28. (Spe cial.) The deadlock as to whether or not the Chehalis City Council will meet again is still as far from settle ment apparently as ever. This week Attorney Boyle, representing W. J. Murphy, the sewer contractor who has just completed a fo2,000 job at consid erable loss, and Attorney Pratt, repre senting the Warren Construction Com pany, which has several assessments yet to be closed, have been here trying j to get the belligerents together so . that their business can be closed up. ! Monday will be the regular council f night and citizens generally hope to see some amicable, settlement of the differences made prior to that time. GUAM CAN SUPPLY NEEDS American Vegetables and Meat lie Raised at Home. to WASHINGTON. Oct. 28. That the inhabitants of Guam, a faraway island possession of the United Stales can grow American vegetables and raise American horses, cattle, hogs and poul try on the island has been demon strated by the Department of Agricul ture, which has established an experi ment station on the island. Instead of getting all their fresh meat from San Francisco. 5500 miles away. Dr. Evans is satisfied that the people of Guam will be able to supply their own needs in the future. Police Commissioner Accuses Judge. CCHEN CHARGED WITH GRAFT Woman' Takes Oath That Magistrate Was Corrupt. CONVICTIONS ARE FEW E.ecutic Board Member Declares Man on Municipal Bench Aids Undesirables and Blocks At tempts to Juil Friends. Subscribing to an affidavit yester day, Eleanoie Maceo cnarges Mas (!. Cohen, who served as Municipal Jude during the absence of the incumbent, George Tazweli, two weeks ago, with undertaking to dictate to her the em ployment of u lawyer, S. J. Silvermuu, for a fee of J150, as an essential con dition to the promised dismissal of the charge against her. The woman was arrested forselling liquor without a li cense. According to her affidavit, she did not heed Cohen's advice but employed as her attorney John D. Mann, who won the woman's acquittal when the case was tried before Cohen as acting Municipal Judge. "The case of the Maceo woman is a sample of what members of the 1'ollce Department are up against," said John B. Coffey, police commissioner. "There is a manifest disposition on the part of Municipal Judge Tazweli, as his record shows, not to encourage tho conviction of undesirables. Many q these cases are dismissed without a trial. When a conviction of any unde sirable man or woman is obtained. Judge '- xxwell invariably Imposes a. sentence which' Is immediately sus pended and the accused is release... The result is that the Police Department is powerless in a large number of cases to gain convictions in that court, re gardless of the evidence of guilt that is offered. Judge' Friends Kncape. "Another difficulty with which the police department has to contend is the fact that Judge Tazweli either docs not want to do his duty in tho prose cution of these cases or he desires to sve the conduct of these Police Com t cases obtained by his personal friends a -none the Police Court lawyers fui their recuniary benefit. It is apparent t-i those who follow the proceedings in the Municipal Court that it is virtual".; impossible to win a conviction and have punishment meted out in any case in which a friend of the Municipal Judge appears as attorney for the ac cused." The affidavit signed by Uleanore Maceo follows: "I, Eleanore Maceo, of Portland, Or., being first duly sworn, do say upon oath as follows: - On October 12. 1911. between 11 and 12 o'clock P. M., I Ue ing then in die City Jail, was called down stairs at the police station upon orders from some officer in charge. I was met down stairs by a mar. who oii.j tt. into the nrivate office III " . (. e tola me he was Judge Max conen. I afterward learned that such was the case. I had been charged, together with a Miss Wood, of selling liquor without a license. He told me to In trust my case to an aiiorui-y uii m would recommenu. no ,. ullvorma.n as inv anoiutr. i, .rt-Anircii the matter with verman to appear for me and prom ised that the charges against ma and Miss Wood would be dismissed, but that it would cost me J130. Different Attorney Engaged. "I told Judge Cohen that I would see about it He then told me to be sure to appear in tha morning. The next morning, October 13, 1911 I was in court and had engaged Attorney John D. Mann, and while in court, an attor ney calling himself Silverman, told me he was sent to me by Judge Cohen, and, be then called me aside and told nie privately that if I engaged him tho above charges would be dismissed. I reluctantly consented that he should act with Attorney Mann, although. I was innocent of having violated the law, but I feared the results of p. re fusal on account of Judge Cohen. The cases were postponed until the next day on account of the witnesses against me not being present or ready. On October 14, 1911. the above mentioned cases against me and Miss Wood were tried and we were quickly acquitted. I had not promised Silverman any defi nite fee. I wish to add that all of the above took place in the City of Portland, Or. Demand for Coin Alleged. "On the evening of October 14. 1911. Attorney Silverman (ame to my house and demanded of me $150. He said that this was the order from headquarters. I asked him what he meant by 'headquarters.' He said that he came lrom the judge. He then used my phone and called up Judge Max Cohen. He then gave me the phone to speak through. I spoke through it and the party at the other end said be was Judge Cohen. He said Concluded on Pase 2.)