Image provided by: University of Oregon Libraries; Eugene, OR
About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Feb. 2, 1919)
1 14 THE SUNDAY OREGOXIAX, PORTLAND, FEIiRUARY 2. 1019 GBflMEIiT'S CASE RECITED BY DEPUTY Naturalized American Citizen Reads Indictments. ALBERS TARGET IN ATTACK SMcCourt's Attempt to Bring About Iiemoral of Three Actions Against Wealthy Miller Fails. Tt was left to Barney Goldstein, Dep uty United States District Attorney and himself a naturalized American citizen, to make yesterday in the United States Court one of the most terrible indictments ever heard inside the walls of that court. In even voice and with recourse Bcarcely to any oratorical tricks, Mr. Ooldstein flayed J. Henry Albers, the wealthy miller on trial for sedition. The court was so silent a pin could have been heard to drop. Every mo ment was grim, tense. So deep was the interest that it seemed, at times, as if some great stage presentation were being visualized. Alleged Crimes Recounted. To the chief actor in the tragedy, Henry Albers, the even-measured voice which recounted one after another his alleged crimes against the Govern ment of the United States, the coun try which had adopted him as it had adopted his accuser, proved a veritable purgatory. Beginning the day with the even temperament and unruffled demeanor which have so characterized his be havior, by noon Mr. Albers was close to a physical wreck. As the accusing voice was directed at him, he slumped in his chair. As he was charged with being an ingrate to his country his ruddy complexion changed to a pallor. His face twitched iieneath the onslaug-ht. But it was not until Goldstein turned viciously and with menacing voice and in the words of a popular song declaimed: Words of Sons Quoted. 'If you don't like the stars in Old Glory If you don't like the red, white and blue; Then don't act like the cur in the story, Ion't bite the hand that is feeding you," that Albers literally crumpled. "And that is the man," cried Gold etein, "who was proud to brag: 'Einmal Deutsche immer Deutsche' (once a Ger man always a German); there sits the man whose German heart and German soul we have proved; the man who proudly declaimed last October on a .Southern Pacific train and in German: Wir haben die brieg gewonnen' (we have won the war) to a man he thought was also a German sympathizer." Almost the entire morning was oc cupied, after John McCourt had moved to the court that three of the indict ments be stricken out and the court had ruled against him, with Mr. Gold stein's speech. first' the deputy prosecutor sum marized the testimony in the case, tak ing each witness at a time, yet run ning through his entire address to the jury was what might be termed its theme, on which everything else de pended. "German Heart Proved." "We have proved his German heart and proved his German soul," Mr. Goldstein would say as he presented the testimony of each witness anew for the consideration of the jurors. Mr. Goldstein departed from his theme only once, and that was when considering the testimony of Mrs. Elizabeth Gomes, who has been such a piquant figure throughout the case, lie dismissed contemptuously the ap parent insinuations of Henry E. Mc Ginn that his integrity as an attor ney and Government official was in volved. "I am not on trial here," Goldstein went on. "Mr. Albers is. Perhaps I am inclmed. to take Mr. McGinn too seriously, but I do not want there to be any detraction from the main issue of the case, which is; - Is this man Albers guilty or is he innocent." Deftly did Mr. Goldstein point out that while Mr. Albers had denied or had failed to remember each imputa tion concerning loyalty, his attorneys had tacitly admitted the truth of the quotations laid to Mr. Albers. "Witness Titus Fair." Saya McGinn. '"Especially was this marked in the case of Mr. Titus," said Mr. Goldstein. "After we had examined this witness Mr. McGinn said, touching upon his credibility: " 'We have no cross examination of this witness. I think he is a very fair witness. I should say that to his It was Mr. Titus who ascribed to Mr. Albers the statement that America was on the verge of a revolution, that "our soldiers were amateurs and that the German soldiers were professionals." that he "doubted whether the German army could be beaten in 1000 years," these alleged statements having been uioji 6UOUCSJ3AUOO jo asjnoo oqj uj January 1, lf'17, to March 1, 1918. "I shall make no appeals to passion or sympathy," Mr. Goldstein said in his closing statement. I shall simply put before you the facts in the case. "When Judge McGinn was examining you he wa3 very careful to find out if you men were apt to be swayed by patriotic Impulse. "Drunken Fool" Appeal Is Hope. "He wants to put before you the case of this man Albers as a poor drunken fool, who did not know what he was saying. He knows that Henry Albers' one hope is to put that appeal before you. "God help America if I have to make a patriotic appeal to you. Were I so to do, it would reflect on your affection for the land of your nativity or adop tion. It would be to question your pa triotism. "Henry Albers Is a man who at tempted to bite and did bite the hand that was feeding him. "His offense is a criminal one be cause the United States was at. war --a war brought on this world by the im perial German government. Conscription Art Recalled. "The conscription apt had just been passed. This country" was making su perhuman efforts to equip our soldiers. "Then we began to hear of efforts to deter and restrain our young' men on the part of pacifists; religious dogma was introduced; the German societies and German publications, such as that in which this man Albers was a prime stockholder, tried to forge the old ties to the fatherland. "Who was complaining? Only the dis loyal, only the Germans. "Then we passed this law. It is the law. Whether they like it or not it must be obeyed. "It must be understood America will not stand disloyalty from any person, rich or poor; influential or not." Albers Enrichment Told. Then Mr. Goldstein told of Mr. Al bers' German birth and rise to man hood in that country; of his coming to Portland and of the opportunities he found here; how he had enriched him self, on his own testimony, as the re fiults of profits made supplying the Government with hay and mill supplies during the Spanish-American war. "Then wo conferred on him the PORTRAIT OF SAN FRANCISCO MANICURIST, FORMERLY OF MIL WAUKIE, OR WHOSE CHARGES AGAINST HENRY ALBERS WERE ONE OF FEATURES OF TRIAL. i y . - 'K"K fc-Z-'r "TT5--.i -TW- ' - .: A K '-' " " ' "'. V V : v ' - - - t ' - ? V5, - ' ' ' - J i ' i: - ' , 1 i$?,f:, A . .-. - I . - - . - j. - ; - - v" ?, x:; v' .-. . " 'W.- j-i: X, '-.-. . -ty.- - : ft,'.-. .." ' . -.' . 1 ' ' :yv t rK f -w; -, :'yj-? ' T-ry 'f; L ' . ' :-:-- '- rj5 N ':i' '' . 4 i-. w f S t i l r r ) ' ' '1 I p-vy,9v-, y, sfisS.s. " : : fltv-. :- ' v . rr- --.: ''- .- M ' - ' ' ' ' J 'Vi'P XN'V-r:-ZA&i:.i- - -x . . -' ': ' :. X e ' ' u - ' i MRS. OLGA GOMES, SNAPPED Ol'TSIDE POKTOFF1CE BlILDIXG DURING i'ROGRESS OK HEARING. greatest honor in our gift for one of foreign birth citizenship. We asked of him in return nothing: but decent citi zenshjj) and loyalty," went on Mr. Gold stein. "The evidence shows that he consid ered citizenship a convenient garment, worn in fair weather but put away in storm and stress. "That is bow Henry Albers regarded his citizenship." Jury Gets Warning. Mr. Goldstein warned the jury of Mr. McGinn's known oratorical abilities. "He will ask your pity," said Gold stein, "for this poor drunken friend of his too drunk to realize what he was' doing too drunk to realize where he was or what he said, but the evidence shows that this man was not drunk, mellowed by drink, maybe, but not drunk, and still able to think clearly and concisely. "He secured a sort of bravado by drinking. Drink gave him a false courage. He spoke with his German heart, his German soul and his German tongue. With liquor in him this Ger man heart demanded utterance. Then he flaunted his German superiority. "Drunkenness," Mr. Goldstein in sisted, "Is no excuse. Every man is supposed to know and think of the con sequence of his acts. Were Judge Mc Ginn drunk or you gentlemen of the jury drunk, the voice your liquor gave utterance to would not be a German voice, nor would your sentiments be German ones. Answer to Contention Given. "And that Is my answer to the con tention that counsel will make that Albers was so drunk that he could not help showing his German sympathies, yet we are to assume him loyal. "You know you and Mr. McGinn would never have said a word of dis loyalty. Your loquaciousness would have expressed itself in terms of loy alty. "This Henry Albers did not do. "It will be said he was goaded. What a poor excuse! Albers could be goaded, yes! But how ready he was to express and manifest disloyalty. "As I reread his utterances I strive almost vainly, but I want you to strive from a feeling of anger." OrlKinal German Employed. Mr. Goldstein repeated in the original German the statements that Albers is alleged by E. C. Bendixen to have made. He answered the Albers charge of con spiracy among the witnesses by declar ing "conspirators do not usually meet by accident on a train." Mr. Goldstein then carefuly reviewed the testimony of each witness. With regard to the testimony of L. E. Gaument, one of the witnesses for the prosecution, who saw George Albers in Seattle, then saw Judge McGinn and Mr. Citron, in what the defense pointed out was an attempt to sell his testi mony, Mr. Goldstein said: "Mr. Citron and his stenographer lured him on. What may be the truth, I do not know. I believe the boy was over-zealous, and knowing that Aibers had said: 'My brothers are pro-Huns,' wanted to get them in the toils also. "But if you wish to set aside his testimony, you may do it. for you have the corroboration of four other wit nesses." Discussing: the Bendixen testimony, with whom Albers is alleged to havo talked in German. Mr. Goldstein said: "Wet Albers was not so very drunk. When Bendixen asked him if, then, he had personally helped Germany, this man was not so drunk that he could not craftily say: 'Nein, nein!" "Your verdict will decide what Al bers meant when he eaid: 'Wir haben die krieg gewonnen' (we have won the war). "What he meant by "we" you must de cide." One by one the epeaker took up the testimony of witnesses regarding many of Albers' alleged comments, he de nounced them as "insidious propaganda tending to undermine, to cow, to weaken men about to become soldiers." Attorney Denounces Albers. Mr. Goldstein denounced Mr. Albers for trying to take the credit for his men being enlisted or drafted. "Yet they never testified that he commended their patriotism," scathing ly declared the prosecutor. "All he could give them was the old German militaristic philosophy: 'It will make a man of you." The German in the man was outing again." Discussing the Albers Brothers Lib erty Loan purchases, Mr. Goldstein de clared that this was only another In stance of "I am American on the out side, German inside." "What else could he have done un less he wished to proclaim to the world he was a German," he voiced. Albers Bets Recalled. He impeached Mr. Albers" credibility as a witness, especially by the testi mony of John Harvey Noyes and Mr. Cushing, that on several occasions Mr. Albers had bet with them on the war, which Albers denied. in nis entire address, the only time Mr. Goldstein approached oratory was as he reached his concluding passages. He had just declaiine-d at Albers the lines from "Don't bite the hand that's feeding you." "Down deep In your hearts." he said, "you know where Albers" heart was. You know Albers taught, preached, sang and prayed German. He thought German. He lived German. He 'Was German. "His body was in America; his heart and soul in Germany. Plastered all over hitn was the label: 'Made in Ger many." Verdict of Guilty Asked. "You must conclude that Albers landed a German, remained a German and has always remained a German; that he is guilty on all counts as charged, and on this ground I ask you. if you so conclude, to return a verdict of guilty." Mr. Noyes testified as the last wit ness that Albers had bet him $10 on two different occasions, and that Mr. Albers had paid one of these bets, re lating to when the Germans would win the war and when they would reach Paris. Mr. McCourt asked that the' testi mony of both Cushing and Noyes be stricken out as Immaterial, but the motion was not granted by Judge Wol-verton. Mr. McCourt then asked for a direct ed verdict of not guilty on the grounds that Mr. Albers had not made a single statement that would hinder recruit ing, further asking that counts two. three and four be withdrawn on the grounds that Albers had had hundreds of opportunities to create insubordina tion. "Not until a Deputy Sheriff of the state of Washington and a Deputy Discontinuing Haiian Shoes Every Pair Hanan's Men's Shoes Greatly Reduced Every Pair Hanan's Women's Shoes Greatly Reduced Buy Hanan Shoes Now at Less Than Present Factory Cost! Save Money! 129 Tenth St., Bet. Washington and Alder We Give S. & H. Trading Stamps iHUHiini!!!!!!!!! Marshal conspired to Induce this man Into statements presented in violation of the law was he accused," said Mr. McCourt. Each witness testified that it was either with Gaument (the Dep uty Sheriff) or Tichenor (the Marshal) that the statements were made. Voluminous cases then were quoted from and Mr. McCourt asked If a man could be indicted for expressing his opinion, and voiced the view that if so half the newspapers in the country were indictable for their views on the Food Administration. Mr. McCourt Lands Titus. "Titus," said McCourt. "was not a weakling and not a man likely to be influenced. That Albers' opinions might have been unwarranted, but within his rights of expression, Mr. McCourt pointed out. Mr. Goldstein answered Mr. Mc Court's argument and the motion was denied by Judge Wolverton. The Albers case was adjourned till 2 P. M. Monday, when both Mr. Mc Court and Mr. McGinn will make their formal statements for the defense. Mr. Haney will have the last talk for the prosecution and the case then will go to the Jury, probably about noon Tues day. There are seven counts on the Albers indictments. Thus the maximum pen alty is 140 years in Jail and a fine of J70.000. GREAT UNION PROPHESIED BOILERMAKERS HOLD SESSION AT ARIOX HALL. Speakers AVlio Predict General Strike to Tie Vp Nation's In dustry Freely Cheered. Strongly marked by much radical talk, Especially by those declared to be representing the I. W. AV., was the weekly meeting last night of the Boil ermakers' Union, held at Arlon Hall. Prophecies were freely made that within a short time the American Fed eration of Labor would be thrown into the discard and an enormous industrial union, which would recodnize both the I. W. W. and the soldiers' and workers' councils, organized. Speakers, who suggested that a great strike which would tie up not only manufacturing but all forms of trans portation, would begin in early Spring, were freely cheered. The meeting was addressed by a rep resentative of the Seattle unions, who told of conditions surrounding the strike on Puget Sound. An I. W. W. speaker, who asserted that 6000 millionaires had been made by the war and that not one man present had made $1000 out of the war the past year, was confuted by one of those present, who asserted he had made and saved more than $1000. The latter speaker was hooted. No votes were taken and the senti ment seemed to Indicate that a sym pathy strike in Portland at this time is unwise. PLANES T0 SERVE ISLANDS Company to Carry Passengers of Hawaiian Group Organized. HONOLULU. T. H.. Feb. 1. (Spe cial.) Inauguration of a dally air plane service between . the various islands of the Hawaiian group is pro posed by a company now being organ ized in San Francisco, to be known as the Inter-Island Aerial Navigation Company. S. .!. O. King, formerly of Lihue Kauai; Ralph P. King, stepson of Sam Parker, millionaire rattle rancher and plantation man of Hawaii, are behind the scheme. Ralph King is a licensed aviator and operated an aero ferry between S'an Francisco and Oakland in 1913 until he fell into the bay with his machine. ' His mother then prevailed upon him to give up the game. He now intends to secure a number of big passenger carrying Curti!s machines and three aviators. Schedules for the various inter-island routes have already been mapped out. , Unique and Artistic Designs in Talking Machines Splendid exam pies of artistic designing in Talking Machines are being shown now at our stores. Tone quality abounds in them, and the departure from con ventional forms makes them doubly attractive, while in price they are no higher. Here you may compare and select from these famous makes: The Victrola The Brunswick The Edison The Conan Clasique Is not intelligent and care ful comparison the one proper way to decide which is the phonograph for your home ? Convenient terms on all styles. " Out-of-city patrons may secure catalogues and par ticulars by mailing this ad. f l' si"'--'-- vT. - 'iv--r.K -4 Name . . Address TiWilfTJ Allen fri fegSE I V "CX 'J- ' V.- tBECORKi PIANOS PLAYERS MUSIC -MASON AND HAMLIN PIANOS - MORRISON STREET AT BROADWAY Stores Also at San Francisco, Oakland, Sacramento, San Jose, Los Angeles carrying: on an advertising campaign to tell the people the facts. The po lice department is alleged to be know ingly blind to the operation of the grnies. In the charges to the terri torial grand Jury for 1919 the jurors were advised to take immediate steps to eradicate the evil. HOBOS ARRIVE AT ALBANY Officers at Linn County Scat Resume Pre-War Activity. ALBANY, Or.. Feb. 1. (Special.) For the first -time since the United States entered the war hobos are fret ting: plentiful in the Willamette Valley now. City police have returned to the pre-war custom of rounding; them up when freight trains arrive and lodging them in the City Jail for the night to prevent possible depredations. The number of hobos passintr through is not unusually lare. viewed from the standards of the days before the war, but the traffic has reached what was formerly a normal standard. Gambling Rampant In Honolulu. HONOLULU. T. H.. Feb. 1. (Spe cial.) Gambling is rampant in Hono lulu. The civic affairs committer of tbe Ad'Cluh of this city ha been til SaLEARN TO DANCE RINGLER'S DANCING ACADEMY Fni'HTEETH fT OFF VASHl.UTO.. Nfir Term Stnrt Monday. lVbrnarr 3, nil Thursday. February 6. Gl'ARANTKKD t'Ol'RSK H LESSONS. Kpeclsl for Kebrnary Only. Gentlemen 95.00, L,axlles 92.0O. We teach the popnlnr danres of the day, the kind the public want, and can assure you that one month in our school ib equal to three in any other. Our liuirnalrf or Money Rrfanded. Should we fail with our corps of competent instructors to teach you to dance in one term of eipht lessons we will then put you under special per sonal instruction, without added cost, thus absolutely guaranteeing you to become a dancer in a short time. We pride ourselves in our school, for with teachers of ability giving lessons of quality, we know we can teach you to dance when others fail. A lesson consists of instruction in all popular dances for a period of two and one-half hours 8 to 10:30 o'clock, thus giving each pupil plenty of practice, aided by the constant help of our teachers, gives to you that confidence which insures no embarrassment on your part and rapid advancement. A large separate hall is used exclu sively for our classes and a printed description of each dance will be given you as reference for practice at home. COTILLION HALL Our pupils have the advantage over others in that they may, after a few lessons, practice in the most beautiful hall in the West and meet the best dancers in the city. All instruction is under the personal supervision of Professor Montrose M. Ringler. assisted by Oeorgo K. Love and corps of professional lady in structors. Private lessons given daily from 10 I A, M. until 10 P. M. Enroll now. LEWIS COUNTY CROP HEAVY State Horticultural Lnspct-tor Slakes Report, on Products. CKNTRALIA. Wash., Feb. 1. (Spe cial.) Lewis County's yield of fruits and vegetables in 191S, as shown by the annual report of K. F. Perry, state horticultural inspector for the Southwest Washington district, w-as 11.210 boxes of apples. 5675 boxes of pear?. 107.700 pounds of beans, 60,000 pounds of plums. 150.000 pounds of sweet corn. ioS.ltl pounds of prunes. liOQ.OUO pounds of sweet cherries. 105. 006 pounds of sour cherrlos. 1.717.S63 pounds of blackberries. 90.OU0 pound strawberries. 42.719 pounds of rasp berries. 40.1M2 pounds of loganberries and 100 cars of potatoes. son has his books ready to commence receiving Imx.x on Mor.day, February 3, the statutory date upuii whit.li tax payments may beein. The total amount of money to be raided by taxation in Klickitat County for 1919 is Hi3,oi3. against J434.7$1.2u collected in l'US. making an incrtsse of t i S 22.V7:!. The books show th.it the r!se Iims hen made in the following funds: State and county. 12.4??.70; roads. $3.504. 53: schools. $32,221.50. The smallest passenger-carrying rail way In I'rgland is to be found on the osiate of s. I". Derbyshire at likeston. The gauge of the roadbed is only seven AT THE WHITEHOUSE resses! ARTHUR HOWELL IS GUEST Company D Auxiliary Knlcrtains Re turned Hero. Arthur Howell, veteran of Chateau Thierry, is the first returned soldier of his unit which Auxiliary to Com pany D, 162d Infantry, has entertained. Young Howell, whose home is at Lebanon, is in Oregon on furlough from the reconstruction hospital at Les Moines, where he Is stationed, having lost an arm while in active service. 11c will return to Portland when discharged, as he has been given a position here. Klickitat Taxes on Increase. GOLD END ALK. Wash.. Feb. 1. (Spe cial.) County Treasurer F. H. Ander- 0 IS Ftuest In lb Northwest Rates 2.00 upwards There's an air of warm comfort and congen iality about Seattle's famous hotel. Music and dancing in cafe every evening a popular hotel your friends will be here. Rates to suit the most modest purse. Club breakfasts at moderate prices. In San Francisco M IHt Ell W B 2asa M TvKaraBHH n. Eg era Geary Street. Just oC Union Square From S5UoB0 a Dqy Ureaktas.Ou lunch liCk. Jiniwr 0. JOU fu.Kiars: iinaaas; Ibv Unner tl -2a Munlcpa'i car tins direct io door. Motor But meets principal trains and tlcamcnk h 1 ;- ,'Vr. Coats! Suits! Less Than Wholesale Prices In This Greatest Final Flourishinrj Wind-Up of the Whitehouse Sixth Annual CLEARANCE SALE Now comes the final clearawav of everv Winter Mid Season Garment AT A GREAT SACRIFICE. Cost is entirely forgotten, as we must make room for our new Spring merchandise. 181 SUITS $1700 ABSOLUTELY VALUES TO $.-,7.50. TO- 4 H AND MORROW AND TUESDAY ONLY, GO AT 21. OO Very smart models in Serges, Poplins, Broadcloths, TT.l CM A II 1 1 , veiours, oiiven,ones. ii snaaes ana sizes GOATS Values to $47.50 REDUCED TO $12.75, $16.75 $19.75, $24.75 $29.75 All of these Coats represent values double the price asked. They are shown in splendid variety of Kersey, Broad cloth, Velour and Silvertones. All new shades and sizes. NEW DRESSES Values to $45.00 HUNDREDS OF THEM REDUCED ESPECIALLY FOR THIS SALE AT $11.95, $14.95, $16.95 $19.95, $22.95, $24.95 They are truly amazing values. Every dress is most timely in style and faultlessly made of the finest of fabrics. They are shown in Velvets, Satins, Serges, Velours and Jerseys. c ; i-- 11 A FURS Foxes, Muff Sets, Throws, Capes, Wolves, 40aOFF 150 Waists Values at $6.75, in g-eorp;-ette and crepe de chine, reduced now to S3.45 SEE OUU WINDOWS WHITEHOUSE 342-346 Alder Street Opposite Pantagcs Theater Afvcn J nones.