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.)