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tion by the prosecution was withdrawn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,