The Sunday Oregonian. (Portland, Ore.) 1881-current, November 05, 1911, Page 9, Image 9

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Coroner's Jury Simply Finds
That Wortman, Striker. Was
Killed by Hicks.
Enrplore of Slayer, ritnea t In-
Ears mm Killed Trailed
for Six Blocks.
Hearing la Stormy.
XHreot witnesses of the killing at
W. A. Wortman. strike picket, by Burt
Hicks, manufacturer, at Grand arcana
and Eut Morrison street Thursday
nlbt war not produced at tha hearlne;
by a Coronera Jury yesterday, and a
wlda sap exists la tha official knowl
edse of tha homicide, although It hap
pened at a busy eonwr and busy hour.
Tha fact that tVortman was accom
panied by two other pickets, who must
hare witnessed tha whole affair, but
could not ba found yesterday, was com
mented on by Hicks' attorney, and tha
point caused a three-cornered passage
between Attorneys Malarkey and Ia
Tls and Coroner Norden at tha break
ing P a' the hearlnir
"Does tha coroner mean to say that
these men have not been subpenaedT"
asked Mr. Malarkey.
"Not until this minute did I have
knowledce of who they were," re
sponded Dr. Norden.
-We bare made out a case of cold
blooded murder without them." shouted
Davis, who represented tha Federation
of Labor, "and Mr. Malarkey la playing
to tha newspapers."
1 Just want to show that these peo
ple are afraid to produce their own
men." said Mr. Malarkey.
She Ceadlrleae T-IS-
Wtde latitude waa permitted la pre
senting tha evidence. Hicks' attorneys
even being- allowed to bring out a
statement of the condltlona around hla
shop during the past year. Tha ac
cused waa represented by Attorneys
John F. Lon. John H. Stevenson. C
A. Bell and Dan Malarkey. while tha
prosecution produced W. M. Davis,
John A. Jeffrey and Deputy District
Attorney Pare.
Nona of the witnesses was cognizant
af tha movementa of Hlrks and Wort
man until after they clinched. Earl
Griffin heard loud wrangling; from tha
lobby of an adjoining rooming-house,
ha said, and proceeded to the street
la time to sea tha men exchanging
-That la, I think they were exchang
ing blows." said tha witness, "as both
bad their hands up. Hicks struck the
first blow that I saw and there seemed
to bo three or four In all. There were
two other men on the curb, but I did
not notice them much. Wortman waa
backing up Into tha store and Hicks
waa following htm. The next thing
Wortman was leaning against the
counter, and Hicks, with a gun In bis
band, waa facing toward the street,
aa If expecting to be attacked, I
Mw Wortman make no move to pull
a weapon." el-l nlea Mem.
Tha witness. In answer to a ques
tion, said ha did not hear Hicks say:
"Stand back: I'll not ba beaten up by
yea fellows." He could not say which
waa tha aggressor. Ha aald ha bad
been a anion man. but waa not at
present. Answering a question by At
torney Davis, ba eetlmated at eight
feet tba dlstaaoe that Wortman gave
Harry I Born, salesman la the fur
niture store adjoining tha scene of
the fight, aald Wortman waa between
two and three feet from tha muzzle
of the pistol when It waa fired. He
beard a man wearing glasses, but
whom ha did not know, shout: Tou
are a murderer," and heard Hloka re
ply! "I'm not: ha Insulted me; ha
called ma a scab."
B. D. Penney, who was In his liquor
store across the street, said ha beard
tha shot and looked up to see Hicks
facing th street. Stress waa laid on
this po!n' because the direction la
which links was facing la taksn to
show whether ha was expecting attack.
If facing In. toward Wortman. he was
not apprehenelve of the two men on
the curb, but on the contrary, if look
ing toward them, argues the defense,
he expected to be assaulted by Wort
tnaa'e companions. This aspect of the
rase te bolstered by tha testimony of
C. A. Klgelow. a member of tha firm of
MarkeLt eV Company. In whoso place
Wortman fell, that tha cartridge case
was foend about eight feet Inside the
Kirks' Esspley Called.
As the weapon 'used was an auto
matic pistol which ejects tha cartridge
shells backward and to tha shooter's
right. It Is argued that Hicks must have
haj hla back In the corner, facing out.
when he tired. Hicks will testify that
Wortman had him gripped by the neck
and was reaching down aa If for a
weapon when he fired.
As a surprise to ail concerned. Cor
oner Norden called J. 8. McCarl. black
smllh In Hicks' shop, as tha last wit
ness. McCarl said he had worked In
tha shop for six years and bad been a
onion man, but withdrew from tha or
ganisation eight years ago. Ha told
how the shop had been picketed at In
tervals ever since the strike began and
how Z9 or It men gathered at night to
fotlow tha employee. Wortman wae
frequently on the picket line, he said.
On tha night of the killing he saw
Wortman across tha street ! minutes
Pefore closing time, and when Hicks,
with Patrolman Coulter and four em
ployes left tha shop, the gang, with
Worttran. fallowed them, moving on
the other side of the street. McCarl
aaM he watched them for two blocks
and then turned toward his home.
The pl -kets had a captain, one Rarer,
said McCarl. who assigned them to fol
low one or another of the workers.
"And I want to eay." continued the
witness, "that this Racer has a personal
grievance" Here he was checked by
aa objection. Racer, said McCarl. was
ne of the two men who were with
Wortman when the killing occurred.
Illrha rellewed Testified,
"Then. If the killing occurred at
Grand avenue and Morrison street, and
yoa saw Wortman start sfter Hicks at
East Third and Oak Wortman must
have followed Hl'"ks nearly six blocks?"
asked Attorney Mnlarkey.
-That is correct," said McCarL
At this point, amid a stormy colloquy
between Attorneys Malarkey and Davis
over tha tailors to produce Racer and
Ms companion, the Coroner announced
the close sf the hearing. Tha jury soon
returned a verdl-t of death by a pistol
In the hand of Hurt Hicks.
Direct action of the grand Jury will
be accepted by the defense without a
demand for a preliminary heart nr. A
saw Jury will be empaneled Monday
and the case may be taken up within
tha week.
Plans cf organised labor to hold a
demonstration In connection with the
funeral were balked, late yesterday, by
the position taken by members of Wort
man's family, who are against all pub
lic ceremonies. Conforming to their
wishes. It has been arranged that there
will be a private ceremony, attended
only by members of the family and
close friends, this morning, at Dunning
ac McEntee's chapel, after which the
body will be cremated.
Patrolman Coulter. who escorted
Hicks' men home Just before the shoot
ing, went to the Coroner's office yes
terday and Identified Wortman aa ona
of the men who followed his charges.
Including Hicks.
Warned by tLa outcome of the pick
eting measures used In the Ironworkers-
strike, the police have commenced
an attempt to check the strikers at tha
Brooklyn and Alblna carshops from fol
lowing the railroad employes from their
work. Patrolman Daugherty reported
yesterday that IT pickets followed
seven men. escorted by him and other
policemen for 10 blocks, hurling vile
abuse at them. Fergeant Oelsner. In
charge of the district, ordered tha pick
ets to desist from following the men.
and they said they would obey ordera
If the Chief of Police sustained Oelsner.
A mass meeting at which tha killing
cf Wortman will ba dismissed Is an
nounced by the Central Labor Council
for next Wednesday night, at Arlon
Hall, at Second and Oak streets. The
council also announces that at the same
meeting Municipal Judge Taswell will
ba tha subject of discussion on ac
count of certain decisions ha has made
that tha council deems hostile to labor.
A number of prominent labor men
will apeak. The orators will Include
William McKtnsle, president of the
Metal Trades Council; William H. Daly,
president of the Central Labor Coun
cil and the Oregon Federation of Labor:
William Hannan. of Seattle, general
vice-president of the International As
sociation of Metalworkers, and Tom
Lewis, National organiser of the So
cialist party.
Char re Against Miss Slevrna Is
Dismissed After Consultation
With District Attorney.
Refusing to ba tha fourth teacher
to be run out of the Greeham school,
which she teaches, by unruly child
ren. Miss Mabel Stevens, hearing that
a complaint was died against her
charging assault and battery on ona
of her pupils, came to Portland yes
terday to surrender herself, and
passed on tha way Deputy Constable
McCulloch. on his way to Oresham
with a warrant.
The teacher, who Is a comely young
woman with a bit of spunk, waa ac
companied by one of the patrons of the
school. She went to Justice Olson's
office and Constable Weinberger waa
called In to take her In charge. In
Justice Bell's court yesterday after
noon tha charge against her waa dis
missed on motion of tha District At
torney. Prior to Miss Stevens being em
ployed, three other teachers had
thrown up the position. It Is said, be
ing hazed out by the pupils. Last
Thursday, for soma petty Infraction
of the rules. Miss Stevens directed
Rose Tannler, IS, to remain after clos
ing hours, and tha girl refused, say
ing. "Papa told me I didn't have to."
Then, says Miss Stevens. In. order to
enforce discipline, she held tha girl
against the wall while the other pupils
passed out. Telling the story at
home, the child led her parents to Die
tha complaint.
Joseph, of Seattle, Asks Fes
tival Officers to Co-operate.
Joseph Blethen, of the Seattle Times,
president of the Golden Potlatch. bss
written that be will visit Portland In
the near future to confer with officers
of the Portland Rose Festival Associa
tion. His purpose Is to work with the
committee In charge of the Rose Fes
tival for co-operation between tha
cities to make the Potlatch and the
Festival equally successful events next
Summer, and to promote still closer ties
of affiliation between the Oregon me
tropolis and the Sound City.
Mr. Blethen baa not yet definitely
set tha date for hla coming to Portland,
but expects to be here within the next
few week a Arrangesaents will be made
for his entertainment by the Portland
Commercial Club while be Is In Port
land. -We have been advised by the man
ager of the Potlatch." said Mr. Hoyt
yesterday, "that funda for that big en
tertainment have already been pledged.
Seattle asked for 1 100.000. which la
twice aa much aa wa have gone out
after to Insure the Rose Festival."
The committee is still busy soliciting
among the business men of this city,
and hopes to be able to make a definite
announcement within a short time. Mr.
Hoyt says that while there has not yet
been sufficient funds pledged to Insure
tha Rose Festival for 1911 positively,
the business men of the city are re
sponding well, and he bellsvee that the
required funds will be raised In time
for active preparations to bo begun
before the new year.
Dors Personal Property Constitute
an Estate) In Entirety?
In a controversy growing out of
the death of Alvah G Edmunds, at
Rochester, N- Y, following the execut
ing of a Joint will by Mrs. Edmunds
and himself. Judge Cleeton will
morrow morning decide whether or
not personal property constitutes an
eatata in entirety In tha Stats of Ore
gon. Tha question has never been
raised to this state and consequently
there Is no Supreme Court ruling.
Other states, among them Massa
chusetts. Pennsylvania. New Jersey
and Missouri, have repeatedly held
that an estate !n entirety which Is
an estate so held that the property
goes automatically to tha survivor
without probate proceedings exists In
those states. Mrs. Edmunds survives
her husband, who was national oolor
bearer for tha O. A. R. and who died
suddenly at Rochester. K. and
hence the controversy.
In the Joint will, which was made
Just prior to General Edmunds' de
parture for the lUst. neither left any
thing to the other. A short time be
fore Edmunds' death he took from the
First National Bank two drafts ag
gregating In value ITS00 and expressly
requested that they be made payable
to the order cf either Mr. Edmunds
or himself. The wlU waa admitted to
probate and a contest was precipitated,
tha widow and certain of the heirs,
represented by Attorney Arthur Lang
guth. Insisting that Mrs. Edmunds Is
entltTed to the whole amount of I'tOS
by right of survivorship. Northup at
Gearhart, appearing for tha executrix,
opposed this contention, declaring that
distribution should be made In ac
cordance with the mandates of tha wlU.
Pianos rested, 14 per month. Kobler
A Chase, (71 Washington street,
The Modern Way
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want, very naturally, to make it attractive and com
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and Stark
J. G. Maek & Co. and Stark
jtr Plan Would Hare Every Eode
Name Enrovs Increasing of
State Dues Opposed.
C. E. ftpence. state master of tha
Patrons of Husbandry of Oregon, fav
ora the proposed amendment to change
the convention plan of electing dele
gates to tha State Grange and have
the delegates elected directly by the
subordinate Granges. Mr. S pence also
favora the amendment Increasing the
dues to the State Grange, which he
says will be necessary If the repre
sentation In the state Is Increased under
the new plan. '
The present representation In tne
Ftste Grange Is one for every four
Granges or fraction thereof In the
county, but under tha new plan the
representation will be from to 350
members. Both amendments have gone
to the Grangea under referendum and
they are now considering them. Most
of tha Granges that have acted so far
have approved the new plan of elect
ing delegates by tha Granges, but are
against Increasing tha dues to tha
State Grange. J
-A greater number will receive ben
efits of the enthusiasm generated at
the State Grange under the new plan
and the entire membership will be
benefited thereby." said Mr. Spence.
"It will tend to encoursge the sub
ordinste Oranges If they ara repre
sented In the State Grange every year.
It will do away with the objectionable
convention system of electing repre
sentatlvea which are usually chosen
from the different subordinate Oranges
in rotation .each Grange selecting Its
own candidate, making tha conven
tion system useless as far as the se
lection of delegates Is concerned. Call
ing of a contention Is often forgotten.
If the representation should be too
large wa can cut It down by providing
for one delegate from every Grange,
and retain the method of the members
electing representatives.
"There were 140 representatlvea
elected at tha last State Grange, of
wbloh 8s attended. Under tha same
ratio tha delegation elected from each
Grange would males a State Grange
consist of BOO to 60 members. It
has been said that there la flS.000 In
tha hands of the State Orange. At tha
close of tha last seeslon of the State
Orange there was S17i.M on hand, and
not 118.000. as announced. If our re
ceipts and expenses remain the same
with tha additional representation wa
would ba $!000 short of meeting the
expenses of the state Grange of 100
members. It Is evident that If wo In
crease the representation as proposed
the subordinate Grangea must pay all
or part of tha expensea of the dele
gates, or the amount of dues paid to
the State Grange must be raised. It
Is a debatable question whether we
will gain the desired end by requiring
the subordinate Grange to pay the ex
pensea of Its delerates to the Ptate
Grange. If the dues to the State
Grange are Increased and the State
Orange pays the expenses of the dele
gates the strong Oranges will help
those in need of assistance, but whether
an Increase of the state dues will work
for the good of the order Is another
question. Wa must also consider the
fact that If we Increase our represen
tation to S00 or 360 members It may be
difficult to obtain accommodations In
any but the larger cities "
The result of the -referendum on the
amendments will be submitted at the
meeting of the State Grange next May.
The Multnomah County Granges, as
far as they have acted, favor the di
rect system of electing representatives
against the convention plan, but are
opposing Increase of the state dues.
Harrlman Officials Will Hold Con
ference for Purpose Soon.
William McMurray, general passen
ger agent of the O.-W. R. N. Com
pany, returned to Portland yesterday
from Bend, where he went Friday on
board the Harrlman demonstration
train that has been touring Eastern and
Central Oregon for tha last week.
R. B, Miller, trafflo manager, of the
O.-W. R. N. Company, and Frank W.
Robinson, general freight agent, will
arrive In Portland today. An early
conference will be held, at which the
appointments to minor positions In the
Harrlman offices will be dtscussed.
Several changes ara necessary, but It
may be several weeks before the
organization Is completed.
The Southern Pacific offices will
probably be established on the third
floor of the Wells-Fargo building. Part
of the fourth floor also may be re
quired. With this space occupied by
the Harrlman companies the entire
Wells-Fargo building excepting the
first and second floors will ba devoted
to their use. The business here Is
growing so rapidly that It is considered
only a matter of time until the rest
of the building will be required.
If the city ticket office Is moved,
which seems probable. It Is likely that
It will be established In one of the
ground-floor rooms of tha Wells-Fargo
Aged and Crippled Charges Moved
to New Home Is Motors.
Moving of the old and Infirm wards
of the county from the present County
Farm on the Canyon road to tha new
location near Troutdale was accom
plished yesterday with tha aid of motor
trucks, in which they were conveyed
to East Water street and Hawthorne
avenue to a special train of four O.
W. P. cars. In which hey covered tha
remainder of the distance.
The plan of moving was evolved by
D. r. Jackson, superintendent of the
County Form, snd It worked so suc
cessfully that the old charges ar
rived at their new quarters without
eutforlnc any !!l effects from the
Journey. In many cases their bedding
was spread on the trucks.
The abandonment of the Canyon
Road property will be complete within
a few days. The buildings at the new
farm are about finished, Some of the
stronger county wards, those able to
do a Htle work, were moved to the
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