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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Jan. 14, 1912)
13 NONE QUALIFY YET FOR WILDE JURY Hundreds Like This "An Hydraulic Giant and a Man. A Hillside Moved to Suit a Plan. Twelve Like This Court Upholds Alternate Ex amination of Men in Jury Box. CONVICT HERE FOR TRIAL TITE SUNDAY OREGOMAN. PORTLAND. JANUARY 14, 1912. One Questioned Declares He Would Not Believe Morris Tnder Oatli Judge Cautions Venire to Re port If It Is Approached. Tonilnoed Trrtm Flm Page.) suggested that the umi procedure was observed during -he trial of WlllUm Jans Ha1nK for murder a few months ago. "In previous criminal trials the Pi trict Attorney's office has acquiesced In the plan of alternate examination of jurors," insisted Mr. Malarkey, "and It Is not right that they should at this time undertake to change that order. It would be manifestly unfair to the defendant in this case." Special Prosecutor Clark suggested that although he considered It advisable that counsel ascertain how the statute governing the examination of Jurors had been construed and applied, he had no objections personally to the alter nate examination of veniremen, being convinced that the plan would work out decidedly to the convenience of the Jurors themselves. On this sug gestion from Mr. Clark, further objec tion by the prosecution was withdrawn and the examination of Jurors was dl rscted by Judge Kavanaugh to proceed In accordance with the plan recognised and observed under the rules of the court Motrin' ttilu KxBlatae. The examination of Mr. Walker, who was being questioned when court ad journed Friday, was resumed yester day after Deputy District Attorney Fitzgerald had plainly explained to the Juror the relation W. Cooper Morris and his probable plea of guilty In the Morris-Wild Indictment bora to the rase of Wilde, who Is on trial under that Indictment. In doing so Mr. Fits g-erald objected to the assumption on the part of the defense that Mortis would plead guilty to the Indictment on which Wilde Is being tried. Hs also ntered his objection to the further question by Mr. Malarkey of Jurors on this phase of tha caaa in view of the fact that there waa neither any evi denca nor assurance of tha fact tuat a confession by Morris was to be ti pec ted. Mr. Malarkey insisted that ths de fense had the right to continue that form of Interrogation from the fact that Morris would b the principal wit ness against Wilde. "We know and counsel for the state Knows." declared Mr. Malarkey. "that Morris cannot be a witness against Wilde until tha charge In thla Indict ment la disposed of against Morris. There are only two ways by which It ran be disposed of. Morris must either plead guilty to the indictment or the he Indictment as against him must be dismissed on motion of the District Attorney. The defense Is entitled to nrertaln in advance the state of mind -f a Juror should a contingency subse quently arise under which Morris would plead guilty. The determination of this state of mind In a prospective luror Is not only vital but extremely -senttal to the case of the defendant." tnlmu la Caaf ed. The controversy did not progress suf ficiently to call for a ruling by the ,-onrt and Mr. Fltzaerald resumed ques. Honing Walker, who had been chal lenged for cause by the defense. In language plain and unmistakable, the Deputy District Attorney pointed out that even If Morris should plead guilty. It would be necessary for the state to establish hla guilt. Independent of tha confession, by other corroborative, tes timony, before the fact that Morris had pleaded guilty could have any bearing In the rase agaluwt Wilde, his alleged accessory. When asked a direct question as to the effect a confession by Morris would have on his mind In considering tha WlMe case. Walker, by his answer, In-.lN-ate.l that he had a plain understand ing of the mora or less complicated situation sought to be explained. But when he was taken in charge by Mr. Malarkey. Walker again became con fused and again gave conflicting an swers to the Identical questions asked of him by Mr. Fltxgerald. "In arriving at a rdlct as against Wild you would govern your action by tha instructions of the court?" finally Inquired Mr. Fltsgerald. Tes sir." answered Walker. "Tou mean you would lo your best to do so?" followed Mr. Malarkey. "I would use my own Judgment and what th court said." answered Walker, rhalleaae la Allowed. Counsel for defense Insisted upon Its challenge for cause, which was allowed after Judge Kavanaugh found It Im possible for the venireman clearly to define his position respecting tha polnta under discussion. An Irreconcilable suspicion of Mor ris, whom the Juror declared he "would not believe tinder oath." operated to iantiiif f. r, NTjkah. chief engineer of t n i xra j'nmn&nv. after he had ! been questioned for nearly two hours. Nash plainly waa a well-Informed man who read the newspapers extensively, but he could not repress an uncom promising hatred for Morris despite th fact that he did not know th ex i ashler. Nash said he considered Wilde a pro moter, but it waa not his understand ing that tha accused was In any way connected with the Oregon Trust A Savings Bank. He had an opinion that Morris waa guilty of criminal transac tions with that bank, but be had no positive opinion as to th guilt or in nocence of either Morris or Wilde In connection with the Indictment on which Wilde was being tried. The Juror based his suspicion as to th guilt of Morris In other transaction with the bank from the fact that Mor ris was now serving a term In the state penitentiary. Mia Waalda't Bellev MorrU. "Would the impression or opinion you have concerning Morns Influence you In any way In your consideration of the charge against Wilder asked Mr. Malarkey. "Mav I answer the question in my own way?" asked Nash, addressing J i. lie KavansuKh. 'Ye, sir." assured th court. "Well, under existing circumstances I would not believe Morris under oath." said Nash. In answer to further Questions from Mr. Malarkey, tha Juror said he would 9 9 V: - 5 ?.. . - " " i- J,r - . ;.-. ' This home is on Westover Terraces. It is at the corner of We stover Boad and Summit Avenue. To make the level site upon which it stands, a bank almost the height of N. CLARK, Selling Agent Westover Terraces and Eastmoreland be unable to consider any testimony or vldenc furnished by Morris that was detrimental to Wilde, although he ad mitted he would receive aucb testimony from Morris If It wer corroborated, by ther witnesses. Would you ba willing- to have your rullt or Innocence of a charge such as that against the accused decided by a ury of 13 men who feel the same ss you do toward the defendant W'lldeT" was tha final question of Mr. Malarkey. "I think I could sit on my own case II right." was the answer. State rhalleaae Him. Tha venireman waa passed for cause by th defense and after tha contro versy between opposing; counsel as to he method of examining; Jurors had been disposed of. Mr. Fitzgerald ques- Inned Nssh for the prosecution. Mr. Klugerald bad not proceeded far be fore It was evident that Naah would Isquallfy himself as a Juror because of the undisguised hatred and distrust he entertained toward Morris. He wa asked If he would accept as conclusive proof of guilt a confession by Morris or If other corroborative evidence would b required I would not believe Morris under oath under any olrcumstancea," wa th response. with thla answer recorded. Mr. Fits gerald immediately challenged Nash for cause. Mr. Malarkey In a number of ques tions brought out tha admission by Naah that although he would not be lieve anything to which Morris might testify. Including a plea of guilty, he would accept declarations by Morris- as genuine and would so regard them when corroborated by other witnesses. Mr. Malarkey worked hard to qualify he engineer a a Juror but failed, when In answer to a question from VOV.1X, FIRST OK SEX, TO WIJI rKIZE.I OREGON CITY , C ORPORATIOVS CO.XTEST. .ii Mrs. Mrtta Flaley Thayer. OREGON CITT. Or Jan. 1J. (Special.) Th second contest has just closed at the Willamette Pulp Paper Company's mills on the West Side, the first prize be ing won by Grant Olds, while th second prize was won by Mrs. Metta Flnley Thayer, private sec retary for B. T. McBain. manager of tha company's plant. Some tin)) ago It waa planned by tha management that to Interest the workmen a prlz would be of fered for the best suggestions monthly that might aid In in creasing the output of the mill. Th offers are made for two de partments and Mrs Thayer Is the first woman to win one of the prises. sa f. W i ;r fTtfl ' the Teon building was ont away. Main 2113 Judge Kavanai gh Nash declared with some feeling tl at he would not believe "one word uttered by Morris unless It was corroborated." Th prosecution was allowed its challenge and Nash wa excused, although the defense saved an exception to the court's rul ing. Shortly before the adjournment yester day, Mr. Malarkey, for the defense, be gan the examination of the next venire man, D. W. Falrclough, who conducts a saloon at 375 East Burnslde street and lives at 469 East Couph street. Mr. Falrclough admitted that he had sus pected the operations of Morris In con nection with th suspended bank wer irregular, but said this suspicion would have no weight with blm In considering th pending case against Wilde. He would not accept Morris confession of guilt as conclusive against Wilde, ex plaining that he had no' opinion as to th guilt or Innocence of W tide of th charge on which he Is being tried. The further examination of Mr. Falrclough will ba resumed when court reconvenes tomorrow morning. Morrla Her for Trial. W. Cooper Morris, convicted ex-cash-ler of the Oregon Trust & Savings Bank, who will be the principal wit ness for the prosecution, is In th city. He will presumably remain here until called as a witness, but this will not be short of a week, as the Indications are that a Jury cannot be obtained in less time. Morris Is supposed to have been accompanied to Portland from tha Sa lem penitentiary a day or two ago by a guard, but he apparently Is allowed to roam the streets at his leisure and without escort. He was permitted to enjoy the same privileges of unre strained liberty some time ago when he passed three weeks In thla city exam ining th books and ' accounts of the suspended bank, preliminary to testify ing In the Wild case. The veniremen temporarily occupying the Jury box In the Wilde case are not being; kept together In charge of an of ficer of the court, as It was Intimated might be done during the progress of the case. However, he fore each day's adjournment or noon recess. Judge Kav anaugh admonished them not to discuss th case with anyone or to permit any person to communicate with them con cerning it. The attempt of any per son In any way to approach a venire man, announced Judge Kavanaugh, should Immediately be reported to th court. These Instructions by the court were amplified at yesterday's adjourn ment of the court, when Judge Kava naugh admonished the veniremen not to read any newspaper comments on the pending case and Its developments. With the retirement from the Jury box yesterday of William Kallender, Alvln 8. Walker and L. D. Nash, who were excused for cause, their places were taken by the following veniremen whose names were drawn by the clerk of the court: LeKoy Hadley, Louis Hart- leln and Fred Garbler. Teath of Infant Natural. Investigation of the death of Dorothy Linton, the 10-months-old babe around whose demise mystery has been thrown by those concerned, la likely to be dropped, through th conviction ' of physicians who have mad examina tion that tner la Jittie, if anything, to show criminality. When women phy sicians reported to Coroner Norden that the body of the child after death displayed bruises and fractured bones. burial was suspended, but Dr. R. C. Tenney discovered a diseased condi tion of the bones that would account for the fractures, while th parents ascribed tha bruises to a fall. Detective Hyde, after working a day on the case. abandoned it as on In w hich no crime appeared. II. Henry Keck Undergoes Operation. H. Henry Keck, chief clerk of the ear service department of th Spokane, Portland St Seattle Railroad, waa op erated upon for appendicitis at Bt, Vin cent's Hospital yesterday A CONTRAST If sites on Portland Heights are nowworth $2.00 a square foot, what is the actual value today of Westover Terraces property? And how much do yoirthink you will have to pay for the Westover Terrace, sites, three years hence? But stop! you must see the property before you can figure this out. You can't possibly imagine the revolution that has been effected by this new method of im proving heights property. You must see the magnificent level sites and the ter racings and the easy grades; above all you must know what it means to have every site perfectly located so as f o take in the panorama from the heights of Portland a panorama, the equal of which can only be found in the European city of Florence Come out today take 23d-Street or "W" car and have a look. Then drop me a line and I'll tell you the mighty things that $4000, on terms, will do for you in this property right at this minute. 818-823 SPALDING BUILDING SANTA MONICA WOMEN WILL AID MAYOR TO SOLVE CIVIC PROBLEMS Members of Advisory Cabinet Recently Appointed Have Own Ideas on How City Should Be Conducted, and One Declares She Intends to Register Own Convictions. LOS ANGELES, Jan. 13. (SpeolsX) One of the members of the Women's Advisory Cabinet, re cently appointed by Rosco H. Dow, new Mayor of Santa Monica, a beach suburb of Los Angeles, declares she will not stultify herself by perfunctory acquiescence In all of tha Mayor's actions and projects, but Intends to register her own convictions, whether they agree with the Mayor's or not. "Will I allow the Mayor to dictate my course on the board T Not by any means," said Mrs. IL J. Slater, former secretary of the Crescent Bay Women's Club, named by Mayor Dow as the woman member of the advisory board from the Third Ward. "I shall assume that tha Mayor meant what he said before his election, when he promised to create the new cabinet as a means of keeping more thoroughly In acord with the requirements of the town and the sentiments of the people, and to give the women voters representation. The Mayor will be making a mistake If he asks me to approve something repugnant to my own ideas, or If he proceeds regardless of the new cabinet In any matter of Importance, depend ing upon getting my sanction after wards, for I shall . not be backward in recording my dissent." Mayor Not Bound to Act. Mrs. Carrie Benson, a sifter of Lieutenant-General Adna R. Chaffee, U. B. a, v. ' v' Mrs. Carrie Beasom. A., retired, First Ward: Mrs. T. H. Hlg glns, one of the most active equal suf frage leaders In Los Angeles County. Second Ward; Mrs. R, R. Tanner, wife of a former City Attorney, Fourth Ward; Mrs. O. G. Tullls, wife of a pio neer merchant. Fifth Ward; Mrs. D. C. Stephens, president of the Board of Education, founder of the Southern California Women's Parliament, and president of the Women's Progressive League of California, Sixth Ward; Mrs. Charles M. Brown, wife of a ranchman. Seventh Ward, are the other women designated by the Mayor to serve with 14 men on the advisory board. Mayor Dow, who assumed his office January 1, says he intends to consult this board upon all matters of policy, and will entertain th suggestions of the board In regard to official ap pointments, although he does not con sider the board's opinion as binding upon him, since Its status Is unofficial. "Through the co-operat on of 21 un official advisers from the citizen body I believe I should be kept pretty thoroughly Informed as to the publlo requirements and the feeling of the people on questions of. moment," Mayor Dow said. "The women are to be con sidered as well as the men, so 1 have named one woman and two men from each ward, and I expect to derive as much benefit from the counsel of th women as from that of the men. In pro portion to their representation." Former Differences Dismissed. To Indicate that the appointments wer not conferred wholly as rewards for political assistance, friends of the Mayor refer to Mrs. HIgglns, member from the Second Ward, who waa on of tha most active campaigners against the present Mayor before the reoent election. She has announced her will ingness to discuss all political differ ences and co-operate with the Mayor In giving the town an efficient ad ministration. That no radical inno vations in the matter of government are contemplated by the feminine sec tion of the Mayor's unofficial family Is Indicated by the statements ol sev eral of the women. "I do not anticipate any attempt on Mrs. Charles M. Brews. the parfof the women to overturn the accepted system of municipal govern ment." said Mrs. Benson. "I have had no dlsousslon with the other women on the board since our appointment, but I do not thins: they are likely to advocate any doubtful experiments." Mrs. Stephens, to whose Judgment a majority of the other women on the board appear to defer, and who typifies the home-maker and home-lover rather than fulfilling the popular conception of the woman politician, said: "If the Mayor looks to us for assistance In working out any of the questions com ing up I hope we may be able to advise him wisely. I do not think the women have any 'cranky ideas to carry out, and I believe their disposition will be Tvfifr : . ; .3-1 : Vlf jl'V F. : - : . Jl v LL1 - 1 Some people prefer to have there has been provided in this character from A 7617 to work In entire accord with the ad ministration." Coins ta Matrimony Vrgred. A certificate to marry should be at tained only through completion of a prescribed course in "lessons In matri mony," says Dr. J. Whltcomb Brougher, formerly of Portland, now pastor of Temple Baptist Church here. Dr. Brougher takes the position that marriage is more Important than run- nlng an automobile or an elevator, and that a state examination as to the In telllgence and fitness of tha applicant for a marriage permit is no less Imper ative than for any other responsible un dertaking. "I not only believe in lessons in mat rimony but I believe in requiring an examination Into the subjects studied and a diploma of some kind, showing that the student Is fitted to enter into th marriage oontract," said Dr. Brougher to The Oregonlan correspond ent "Why shouldn't we demand that? Isn't marriage more vital to the race than running an elevator, or an auto mobile, or a locomotive?" continued the pastor. "There are statutes and regu latlons that require certain quallflca tlons before a person is permitted to operate a machine carrying passengers for hire, but the statutes are singularly lax In respect to those far more serious responsibilities accepted with the wed ding ring and the marriage certificate. Any One May Marry. "A man cannot go out and doctor a sick dog or horse unless he has passed some sort of a state examination; but any foolish little girl of 18 may under take tha raising of a family, the ex- pending, of the household money and the maintenance of her husband's health and happiness, without any stipulation on the part of the state regarding her health, knowledge of her duties, or even her intelligence and ability to learn them.. "I would suggest that every T. M. C. A. In the country establish at once a class for 'Instructions In matrimony' for young men, and that the T. W. C. A. do the same thing for its women members. There are many men already married, at the heads of famil'es, who would be helped by such a course. I would also have similar classes formed In the factories and large shops where large numbers of men and girls are em ployed. "There appears to be a huge con spiracy of silence upon the subjects important to matrimonial happiness, and the principal sufferers from this condition are the young men and wom en of the country. Of course, parents could do all this teaching at home, if they would. That would be infinitely the better way; but, unfortunately, many parents of the present day seem to be Inefficient when It comes to a so lution of modern problems. Young peo ple are left to solve these for them selves, and many times the lack of ad vice from some experienced and wide awake teacher costs them years of suf fering, 111 health, broken spirits and matrimonial discord. Divorce Solntloa Seea. "The lessons I advocate would have to be given seriously by men and wom en especially adapted to give them, but the proper application of them would do more to eradicate divorce and bring about a greater proportion of happy marriages than any legal or other in struments now In use. You can't stop divorce simply by saying 'don't'; but If certain require ments had to be met and certain pre liminaries bad to be fulfilled, there -si . a home on a slope like this. For them Westover Terraces just twelve sites of which they can make a selection. would be less marrying in haste, and this in itself would result In fewer un happy marriages. "This course of Instruction should cover all subjects regarding the phys ical, mental and moral phases of mar ried life. I would suggest proper books and the largest possible eduoation along every line vital to home Ufa These1 subjects are vital to our prog ress as a race and as a state Just now, and it is time educators and the pressj took them more seriously than they do." Steamsblp Travel Increases. The coast-wise steamship passenger traffic Is unusually heavy this Winter. Ordinarily the heavy travel between Northern and Southern Paclflo coast points takes place in the Summer, with the bulk of the travel moving north while in Winter the large movement Ik from north to south and the railroads supplant the steamships in large meas ure. This Winter is proving an excep tion. More people than usual are trav eling by wafer, and the up-coast travel is stronger than ever before. The steamship Beaver, of the San Francisco! and Portland line, was loaded to ca pacity on its last northbound trip, and when the Bear, of the same line, arrived from the north on her last trip, she carried an exceptionally heavy passen ger list. This condition applies to all the other boats plying the coast traae. The principal contributing feature to the increased travel by water is tne ar rangement made last year whereby ths steamship comvanles in conjunction) with the railroads sell tickets that in elude a boat Journey between chosen Pacific Coast ports. The recent merging of the Alaska Pacific and the North Pacific Steam ship Companies is expected to result In the withdrawal or tne ooats or tne tat ter comDany from the service south of! San Francisco. The Pacific Navigation! ComDany, operating tha Yale and Har vard, have an agreement for lnter-I change of traffic with the Alaska-Pa ciflc Company at San Francisco. The Quickest Cough Core Cheap, But Onequaled A Whole Ptnt of It for 50c Saw Yen $2. Doe the Work Quickly or Money Refunded. For quick and positive results, th ptni of cough syrup that yon make with a oJ cent bottle of Pinex cannot be equaled. It takes hold instantly and will usually stop the most obstinate dsp-satd cough inside of 24 hours. Even croup and whooping cough yield to it quickly. The user of Plnx mixes it with home made sugar syrup. This gives yon a full pint a family supply of better cugh remedy than you could bay ready mixed for $2.50. Easily prepared in 5 minutes full directions in package. Pinex soothes ana heals th inflamed membranes with remarkable rapidity. It stimulates the appetite, is slightly laxa tive, and tastes good children ilk it. Excellent for hoarseness, asthma, bron chitis, and other throat troubles, and has a wonderful record in cases of incipient lunr trouble. Pinex is a special and highly concen trated compound of Norway Whit Pins extract, rich in sualacol and other natu ral healing: nin elements. Simply mix with sugar syrup or strained honey. In -a flint bottle, and it is ready for use. Used a mora homes in th U. S. and Canada than any other cough remedy. Pinex has often been imitated, but never successfully, for nothing else will nrodue th same results. Tne genuine ii ruaranteed to ctve absolute satisfaction or money refunded. Certificate of guar antee is wrapped in each package. Youi druggist has Pinex or will gladly get it for you. if not, send to The vmtx co. Ft, Wayne, Ind. Pinex Is fully guaranteed by Laue- Davla Drug; Co, distributers, Portland,