The Sunday Oregonian., February 08, 1920, Section One, Page 6, Image 6

THE SUNDAY OKEGONIAX, PORTLAND, FEBRUARY 8. 1920
Ml
HEAR
ACCU T ONS
DIAGRAM SHOWING WHERE CENTRA LI A ARMISTICE-DAY SHOOTING TOOK PLACE, AS DESCRIBED
BY PROSECUTOR ALLEN IN OPENING STATEMENT TO JURY AT TRIAL OF ALLEGED SLAYERS.
Prosecutor Sketches Details
of Alleged Plot.
ARMISTICE DAY RECALLED
Defendants Closely Attentive as At
tornejr Alien for State Cites Events
Leading Up to Tragedy.
(Continued From Kirat Pas.)
ory before the tact, and who is act
ing as his own counsel in the de
fense, scribbled busily when Prosecu
tor Allen related the part that Smith
is alleged to have borne in the plot.
The statement asserts that it will
be shown that Elmer Smith advised
the defendants to arm themselves
and take etrategic points whorefrom
to fire upon the parade. It further
contends that on the day of the at
tack, November 11 last. Smith visited
the Centralia I. W. W. ball and as
sured himself that all was in readi
ness for the attack upon the ex
service men. J
Vanderveer Raises Query.
George F. Vanderveer. attorney for
the defense, heard the state"s opening
statement without interruption. But
at its close tie was on his feet. He
tnrned to Allen, who had seated him
self at the state's table.
"Mr. Allen," said Vanderveer. "I
believe it Is advisable now that I
should . know, and . the defendants
. should know, and most of all that the
jury should know, whether or not
you now take the position that there
was no attack on the I. W. W. hall
before the shooting.
"Will you be so good." pursued the
I. W. w. counsel, "as to tell this jury
whether that is your position in this
case? We all have a right to know.
' I ask you in common honesty to the
jury now whether that is and will be
your position in this case?"
Allen glaned up with surprise at
the query and rose to his feet.
Response Elicits Smile.
"Our position is that the boys were
standing in the street in military for
mation," he replied, "under the charge
of their commander, paying close at
tention to him when he gave the com
mand to halt and close up the ranks,
and they were marking time when
they were fired upon."
"In other words," insisted Vonder-
eer. it is equivalent to a statement
that there was no attack on the hall
and) the doors were not smashed i
before there was any shooting, and
you will be judged by it hereafter.
"We surely will." exclaimed W. H.
Abel, special counsel for the state.
"Thank you," was the I. W. W. law
yer s parting rejoinder, with a ear
castle smile.
Before Judge Wilson adjourned
court, to convene again at 9:30 Alon
day morning, he complied with the
request of the defense and signed
court order authorising the employ
went of an alienist. Dr. Donald A.
Nicholson, of Seattle, for the exami
cation of Loren Roberts, defendant
whose plea in defense will be that o
insanity. -
Caafeaaloa Is Recalled.
It was Roberts who, two days after
the Annistice-day murders, gave him
self up to the Centralia authorities
and dictated a full confession, in
Which he is said to have testified that
the attack had been planned three
weeks in advance. In this confession
Koberts stated that he was one of
three riflemen in distant ambush on
Seminary bill. The others he named
were Bert Bland, now a fellow de
fendant, and Olft Hanson. The latter
has never been taken.
Concerning the state's opening
statement, the I. W. w. counsel asked
permission of the court for an ad
journment for the remainder of the
session yesterday, saying that he
might make some form of reply Mon
day morning. He added, however,
that he might not reply at all at that
time, but reserve his entire statement
for the opening of the case for the
defense, when the state has concluded.
First witnesses Named.
C. D. Cunningham, Centralia spe
cial counsel for the prosecution
revealed today the witnesses who will
first be summoned by the state, and
who will take the stand Monday
They are: E. C. Dohn. state engi
neer: Sheriff John Berry of Lewis
county; Sidney Gahlagher. engineer,
and C. N. Bevans. photographer, all
of whom will be called to explain and
Identify the various maps, diagrams
and photographs with which the state
will illustrate to the jury the scene
of the Centralia assassinations.
Choice of the two alternate jurors,
who are to sit with the regular panel
throughout the case, but whd are to
serve only in the event that illness
or death depletes the original 12,
came to swift climax just before the
noon adjournment. W ith the naming
or the last juror the case definitely
opened.
But one slip and one name remained
In the venire box to be drawn. The
clerk drew It forth and read the
name. To the defense was left a
aingle peremptory challenge.
Blacksmith Readily Passes. '
James A. Ball, blacksmith. Monte
sano. came forward to the 13th jury
seat. The I. W. W. counsel glanced
at the Juror.
"I'll accept him on hla looks," said
Vanderveer. waiving right to chal
lenge and examine.
"So will we," concurred "W. H. Abel,
special counsel for the state.
Ball is the 13th juror. His fellow
alternate is A. R. Johnson, cigar deal
er. Aberdeen, the 14th. In the event
their active services are required. Ball
will be the firat to take a substitute
place in the regular panel.
During the closing phases of the
jury examination for alternates the
religious issue was interjected by the
defense. George W. Makurath. saw
yer. Aberdeen, bad testified that he
is a member of the Catholic order of
the Knights of Columbus.
I. W. W. CawBsel Ronscd.
Pouncing upon the statement, the
I. W. W. counsel interrogated Maku
rath regarding the nature of the oath
he took when entering the Knights
oi coiumDus. ueciaring mat organ
ization was already of record, as was
the Catholic church, against socialism
and that I. W. W.lsm and socialism
are kin.
Instantly the prosecution objected,
through W. H. Abel, special counsel,
with Judge Wilson sustaining the ob
jection. Vanderveer asserted hotly
that the talesman should be compelled
to divulge the nature of the secret
ath. and was again overruled.
"The- court does not intend to be
lectured by counsel for either side,
every time he makes a ruling," de
clared Judge Wilson.
Makurath was challenged for cause
by the defense, but was seated as a
tentative alternate Juror when the
court denied the challenge.
Makurath was removed later by
the defense through exercise of its
second and last peremptory.
At the adjournment of court to
day the jurors went to tbe single
a.
'iff 1 MX
mm
WATER TANK
WHERE GUN MEN WERE
STATIONED ON HULL.
lyy f a i ki a rs iii i
'in ocruwnm rui
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a
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2u o
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NORTH TOWER A VENUE
- n w. Parade Line 3r
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Where JTC Elf rh
fell.
w
4-
Ytnere QiimmWas Shot.
wnere canaqranda Fell.
V)
a
I
h
room that is to be the home of 14
men for several weeks to come. They
are closely guarded by bailiffs,
Judge Wilson will censor all reading
matter and mail that is sent to them.
Ha began this phase of his Judicial
duties this morning when he informed
E. E. Torpen, Juror, that a letter
had arrived for him. and that either
the court must read it before de
livery or It must wait tbe close of
the case.
"Go ahead and read it," acquiesced
Tornen.
The 12 regular Jurors gave evidence
of resignation to circumstances today
and slumped themselves comioriaoiy
down in their seats, each after his
own (fashion. Harry Sellers, a huge
peer from Elma, munched an apple
unconcernedly. W. E. Inmon, rancher,
also of Elma, who used to ride with
the Texas rangers, motioned for a
glass of water and treated himself to
a medicinal powder. The court has
Instructed that their leisure hours
shall admit of cards, games and read
ing matter but only after the Incom
ing articles are subjected to scrutiny
and censorship.
"Labor Jurors" to Attend.
Labor "jurors" are to be present
from Portland. Tacoma and Aberdeen,
according to Frank Turco. a swarthy
labor organizer of the Seattle Metal
Trades council, who visited court to
day. Turco said that both Tacoma
and Portland Central Labor councils
have reconsidered their refusal to
send pseudo jurors, and bad now ap
pointed them. He has been speaking
to labor organizations throughout
southwestern Washington and left to
night for Centralia. where he said he
would address a gathering of train
men tomorrow.'
LOGGER KILLED BY BLOW
Accident Fatal to Worker at Grays
River Camp.
ASTORIA, Or., Feb. 7. (Special.)
Theodore Peterson, a choker setter,
employed at the H. B. A. Logging
camp on Grays river. Wash., was in
stantly killed while at work today.
As the choker was being hauled into
the timber, it caught on a small sap
ling and then swung around, striking
Peterson on the head and crushing
his skull.
Peterson was a native of New Klcn
mond. Wis., and 21 years of age. He
is survived by his parents, Mr. and
Mrs. J. J. Peterson, who reside at
Brush Prairie. Wash., as well as
sister.' El vera Peterson of the same
place, and one brother, Samuel Peter
son. who was working 4'lth hi:
brother at the time of the' accident.
ALLEN'S OPENING STATEMENT
PICTURES REDS' CONSPIRACY
Prosecutor in I. W.-W. Trial Describes Centralia Crime in Detail and
Levels Finger of Accusation at Eleven Defendants.
M'
RAILROAD TIE-UP LOOMING
(Continued From First Page.)
railroad companies Is to keep the!
trains running. Hence they will not
feel like resisting unreasonable wag
demands or suffering costly strike
when, under the guarantee, any ad
ditional burden can be shifted to the
public without loss to stockholders.
After pointing out the dangers oi
the guarantee provision wften no
safeguarded by anti-strike legislation.
this same member of congress said
'The bill is exquisite in protecting
the interest of everybody but the peo
ple. In forcing their successive wage
demands upon the railroads, with con
sequent increases in rates to be
charged to the public, the brother
hoods foresee certain success for the
Plumb plan. The .public, they reason
will grow tired of meeting the con
stantly increasing tax and will rise in
favor of giving the workmen a trial
at running the roads.
That a strike Is coming is the
opinion of close observers of the rail
road situation. The only question is,
will it be within a few days or will it
be after the roads have been returned
to their owners on March 1?
BREATHING something of
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ing the skill and the patient
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Our displays include
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Established 190.
Washington, near Tenth
ONTESANO, Wash., Feb. 6.
The state's version of events
leading up to the Armistice
day shootings at Centralia, Wash., on
November 11, 1919, were outlined in
detail by Herman Allen, county at
torney of Lewis county, in which
Centralia is situated, today told the
12 Jurors sworn to hear the evidence
against 11 alleged members of the
Industrial Workers of the World just
what the state would attempt to
prove by the testimony and exhibits
it would offer at the trial.
"Incredible as it may appear that a
crime so heinous in its cnaaaoter and
evincing so much depravity should
be perpetrated within the limits of a
peaceful and moral community, never
theless the evidence which we snail
lay before you will irresistibly lead
to the conclusion that the prisoners
are guilty of the offense of which
they stand charged." Mr. Allen de
clared when first addressing the Jury.
Conspiracy I Pictured.
Mr. Allen told of the alleged leas-
ng of the hall tn centralia rrom
which the shots were fired, locating
the hall fh the minds Of his listeners
so that they would be atfle to locate
It and the other buildings from which
t is maintained shots were fired at
the Armistice day. marchers. He then
told of the alleged meetings at which
the conspiracy to shoot down former
service men is alleged to have been
plotted. J word picture of Warren
O. Grimm, overseas lieutenant, for
the murder of whom the 11 defend
ants are on trial was next in his
statement.
The arrangements of the citizens of
Centralia to properly observe the an-'
niversary of the signing of the
armistice by a parade over the city's
main thoroughfares; the line of
march; the order In the procession of
the different organizations, and then
the actual moving of the parade, were
given in detail to the jury. After the
counter march, which took place at
Tower avenue and Third street, some
confusion took place, Mr. Allen ex
plained, the result being that some
of the marchers were forced to halt
in the block between Second and
Third streets, on Tower avenue, many
of them stopping directly in front of
the I. W. W. hall. The Centralia di
vision had reached a position just
ahead of the hall, nearly at theainter
section of Tower avenue and Second
street, when Grimm gave the com
mand to halt and close ranks, Allen
said In his statement. He then lo
cated the I. W. W. hall at from 150
to 200 feet north of the corner where
the men had halted.
Several Volleys Fired.
"It was while the men were in this
position that they were fired upon
the county prosecutor declared, "when
in this position four or five shots
rang out and there was a 'distinct
pause of a few seconds, and tbe boys
began to break ranks and seek
shelter. When the ranks broke and
the boys began scattering, several
volleys of shots came from the I. W.
W. hall."
"How many shots were fired It may
not accurately be determined, but it
will be shown that there were a great
number, ranging from 50 to 150," Al
len continued In describing the shoot
ings. He then described the position
of the marchers in the street, how
they at first did not realize they
were being shot at, their efforts to
escape the rain of bullets and charged
that the defendants "manifested an
absolute and total disregard of hu
man life, men, women and children
being in the crowd that had gathered
along the streets to witness the pro
cession. He then declared that the
shots came from several different
places, describing the Avalon hotel,
Arnold hotel and Seminary hall,
about 1000 yards distant, from which
point it is alleged many shots were
fired.
Bollefs Coarse Described.
Allen pointed out that although
the 11 defendants are on trial for
the murder of only Grimm, the other
three victims' deaths had to be men-.
tioned frequently in order to make
his detailed statement of the shoot
ings clear. He then told in detail
of the shooting of Arthur McElfresh,
uaie Huooara ana Ben uasagranaa,
other men killed at the time, and of
the wounding of several other men.
He declared that the evidence will
prove that Grimm was ahead of that
part of the parade which halted im
hall, and that the bullet which caused
his death came from an upstairs win
dow of the Avalon hotel. The bullet
which killed Grimm, he' said, went
entirely through his body, entering
just below his ribs on the left side,
taking a downward course and emerg
ing just above the hip bone on the
right side.
Allen's statement then told In de
tail, that the state would endeavor
to prove that all of the defendants,
including two not yet captured, were
either in the I. W. W. hall, the Ava
lon or Arnold hotel or on Seminary
hill, and that nearly all of them were
shooting. He then promised to pro
duce evidence during the trial to show
that the shootipg. wsts premeditate)!.
Premeditation Is Charged.
"The evidence will show," he said.
"that all the defendants participated
in a conspiracy to kill ex-service
men; that while some of them did
not actually . shoot and kill ex-soldiers,
nevertheless they were pres
ent, aiding, abetting, encouraging and
countenancing such conspiracy and
had helped plan the same, and ac
tually participated in carrying out
such plans; that all the defendants
were present and assisted in carrying
out such conspiracy except Elmer
Smith, their lawyer, who though not
present, did adyjse, encourage, aid,
counsel and abet the defendants in
their unlawful conspiracy which re
sulted in murder."
The. statement next went Into de
tail concerning an alleged meeting
held by the defendants November 9,
the Sunday prior to the tragedy, at
which, Allen declares, the planB for
arming and distributing the men who
could shoot was discussed and de
cided upon. Allen said that the state
will show that tbe defendants talked
of a purported raid on their hall to
take place on Armistice day, but said
that whatever information the de
fendants received regarding any pur
ported raid of their hall, came from
the defendants themselves.
Movements Are Detailed,
The statement went into detail
about alleged meetings of Che I. W.
W. at which the arrangements to
arm men and place them in the hall
and other strategic places are said to
have been discussed. Allen also gave
many details of the movements of
Loren Koberts, who is alleged to have
later confessed to hia part in the
shootings, explaining- that the state
would prove Roberts was one of the
men who stationed themselves on
Seminary hill and shot at the march
ers from there. Guns, a suitcase and
other exhibits will be offered to prove
this contention of the stat he said.
The movements of Roberts, Bert
Bland and Ole Hanson, alleged to be
the men who fired from the hill, also
will be shown, Allen said.
The statement brings into the case
each of the 11 defendants, alleging
that all participated at different
meetings at which the shooting was
discussed and planned, and that all
were either in the I. W. W. hall or
other strategic locations when the
parade began to move.
Accusations Made.
"The evidence may not be clear as
to whether Berf Faulkner (one of
the defendants), did any shooting, but
it will show his presence in the hall,
Allen said, in detailing the part each
of the individual defendants is al
leged to have taken in the shooting.
Mike Shaehan, another of the de
fendants,, did not participate in the
actual shooting, Allen said, because
he did not know how to handle a gun.
In the case of Elmer Smith, Centralia
attorney, who is charged with being
an accessory-before the fact, Allen
in his statement to th jury, declared
the evidence will show that Smith
attended a meeting in the I. W. W.
hall just prior to the parade and
that be conferred with several of the
defendants, and that he advised and
oounseied them; that he- knew of
their plans and that he went to the
hall for the purpose of instructing
and directing them.
"I think that substantially all I
have related will be conclusively es
tablished by the evidence in the case."
Allen said In closing, "and I submit
to you, gentlemen of the jury, when
we have produced the evidence in this
trial setting forth and establishing
the things I have related, we are Jus
tified in asking a verdict of guilty as
charged at your hands."
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366 Washington, at West Park.
home economics fraternity, pledged
11 women of the two upper classes
last night One faculty member,
Miss Sarah L. Lewis, professor of
household science, was among those
pledged. The organization was es
tablished on the rnmpns last spring.
It now has 27 active members, in
cluding the pledges and one alumni
member, on the campus
Those electea at this time bei-idc
Miss Lewis are: Seniors, Marjory
Schutt of Chicago, 111.; Martha Opcda)
of Sllvrton, Mnrpar.t CoveH and
Iols Hathaway of Corvallis: Juniors
Dorothy l.'d wards of Monroe. I'oro
thia Abraham of lio.-elurg, Louisa
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rier of Hood Klvrr, Cnmllla Mills of
Koroct Grove and Knia Von Lehn of
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O.A.C. FRATERNITY ELECTS
Eleven Fledges Made to Home Eco
ndrnics Honor Society.
OREGON AGRICULTURAL COL
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