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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (May 8, 1921)
TIIE ST7XDAT OTTEGOXIAX, POKTLASP, MAY 8. 1921 IAWYEB SHOT DEAD BY WIFE ON STREET Woman, Freed by Lunacy Joard, Faces Murder Charge HUNDREDS SEE SHOOTING llate of Los Angeles Clubman Fig ures in Horsewhipping Case and Once Sued Husband. NEW ORLEANS. La.. May 7. Mrs. Frederick PL Levee of Los Angeles. ho killed ber husband on a crowded street today, wa beld without bail to appear for her arraignment in criminal court. Further investigation by the police today disclosed that Levee instituted divorce proceedings, alleging that during May, 1920, his w ife shot and dangerously wounded him at Los Angeles. The suit was filed here where Levee bad decided to make his home. Levee, who changed his name from Levy, was a native. of Texas and a graduate of the law school of the University of Texas. After the shooting Mrs. Levee told the police, they said, that a Filipino dancer had been the recipient of un due attentions from her husband. Hundreds WItne Shooting. The shooting . wa witnessed by hundreds of persons. Mrs. Levee. after a few minutes' conversation with her husband, drew a pistol as he turned to walk away and shot him in the back, according to the police report. LOS ANGELES. Cal., May 7. The marital troubles of Frederick R. Le vee, Los Angeles attorney and club man, and his wife, Mrs. Matilda Le vee, who shot and killed him in New Orleans today, have been recounted in the newspapers here at various times in, the last two years. Publicity was first given their af- fairs when Mrs. Levee publicly horse whipped a woman in one of the lead ing Los Angeles hotels. The last published account of their troubles came only a few months ago, when Mrs. Levee was freed from a charge of insanity after a hearing before the lunacy commission and admonished by the presiding judge to "cease her violent tactics and leave her husband alone." nnxband Is Sued. At the time of the horsewhipping episode Mrs. Levee was said also to bave beaten still another woman and to have shot her husband in the arm She followed this with the filing of a suit for separate maintenance, charging Levee with infedility and with squandering her money on the entertainment of other women. She asserted she had furnished the funis to send him through law school and to obtain for him membership in a cumber of leading clubs. ALBERS FIGHT GOES ON (Contlnuea From First Pase.) courts of the same rank in other clr cuits. Grounds Are Reviewed. "The petition for a writ of cer tiorari, as shown by the printed copy filed, relied for its first three grounds noon the following: "First Because there is a conflict between the decision of the court of appeals, ninth circuit, and of the sev enth circuit. "Second Because there is in like manner a conflict between the deci sion of the circuit court of appeals, ninth circuit, and thosei ... of tne seventh and eighth circuits. "Third Because there Is a conflict In the decision of the circuit court of appeals, ninth circuit, and that of the circuit court of appeals, fourth circuit. "Further, in the petition, page 8, it is said: 'In the interest of jurispru dence and uniformity of decision, the questions submitted are of gravity and of general importance, and are of general interest to the public.' "Again, at page 21, it Is said: 'As jnatters now stand, a person may be tried and acquitted in one circuit upon a state of facts and under a rule as to the admissibility of other state ments that would sustain his convic tion if he were tried upon similar conditions in another circuit. A con siderable number of espionage cases are still pending, and we believe the ouestion' is one of general importance that should be speedily determined.' Oprnlng mt Cnse Cited. "After the writ had been granted, in lie petitioner's brief filed In, court, the opening statement of the case begins with these words: 'A writ of certiorari was granted in the interest of jurisprudence and uniformity of decisions, there being an apparent conflict of decision in the several cir cuits relating to tha admissibility of evidence of other statements.' "The argument opens with the state ment that: There 's a lack of har mony in the decisions upon this sub ject." and then follows a resume of the derisions in. the several circuits. . "In order that the supreme court might have the authority to receive this apparent conflict, the writ was granted. I "Ordinarily, of course, the decision of the circuit court of appeals In a ruse of this sort is final. The crise I had no standing in the supreme court except to enable that court to resolve the conflict referred to. That con flict is still unsettled. The ruling of the circuit court of appeals in the Aibers case is still the law for all district courts in the ninth circuit. No ruling has been made reversing that decision by any court having power under the law bo to do. "Should the present situation be allowed (o stand and the case go back to the district court for retrial, the criticised evidence would still be admissible under the rulings of the circuit court of appeals. This is an Intolerable situation and ought not to be allowed to stand, merely be cause the solicitor-general has his own opinion as to the correctness of the- ruling of the circuit court of ap peals. The supreme court may or may not agree with the solicitor-general, but the supreme court alone can J make an authoritative and binding! ruling. j "These circumstances seem to us to constitute a case calling for the ex ercise by the supreme court of its discretion to allow the appearance of I an amicus curiae if the solicitor-general is unwilling to appear on behalf of the government. Furthermore, it must not be overlooked that the ac tion of the solicitor-general in thus assuming to set aside and hold for raught the decision of the circuit court of appeals for the ninth circuit Is a distinct and almost contemptuous rebuff to a court which is for most purposes to those within the terrl- L torial limits of the ninth circuit, the federal court of last resort. Precrdent Is Claimed "Furthermore, not only has the de partment of justice assumed to decide tor tha supreme court between the conflicting rulings alluded to. but. it o ffnm thA teleerams re- ceived from you quoting the depart ment of Justice, and telegrams re ceived by us directly from the de partment of Justice, that the solict ?or general has been influenced in his conclusion by a consideration of facts exclusively within the Jurisdic tion of the Jury which tried the de fendent. "For the foregoing reasons, we sub mit that if precedent is asked, prece dent exists for the granting of leave to appear as amicus curiae, notwith standing the decision heretofore made, which, of course, is still within the control of the court, and that even if there were no precedent the court is capable and. has the right and power to create a precedent, if. with in its discretion, it deems it justified b the circumstances, and we submit that the circumstances of this case. Its unuual character and tbe unusual attitude of the department of justice constitute circumstances calling lor the exercise of that discretion by the court. Charles H. Carey of counsel for Aibers, in an interview with him pub lished in The Oregonian of this date, is quoted, as follows: 'I am as much disappointed in the confession of er ror by the solicitor-general-as any one could possrftly b., and I will be glad to unite with the district at torney and the representatives of the bar association in having the case reinstated in the supreme court.' "We think that if this attitude of counsel for Aibers is suggested to the court, and the unusual circum stances of this case presented to the court, it will be deemed an occasion calling for the exercise of the court's discretion to recall the case and hear further argument. "We enclose to you herewith, fot your information, a copy of a letter sent to Hon. H. M. Daugherty. attorney-general. Regarding the letter to Mr. Daugherty as rather in the na ture of a letter from one lawyer to another, and an explanation more in detail of the position taken in our telegraphic correspondence, we have refrained from giving to the press any copy Of that letter, although, of course, Mr. Daugherty will be at per fect l'berty to do so 'f he desires. "I may say. on behalf of the execu live. committee of the bar association. at whose direction I have carried on this correspondence, that we appre ciate your helpful interest in the mat ter, and we beg to assure you that no member, of the committee entertains any desire to presume to pass upon the merits of the Aibers case at tbi time. Our anxiety has been, and is. "to assist to the limited extent in our power in guarding against executive assumption of Judicial authority. If the solicitor-general can set aside, as he has done in this case; a decision of the Circuit court of appeals, because In his opinion he deems it proper so to do. then he can do it in Other cases regardless of his motives. . Retiring Held Needed. "Inasmuch as the court granted the writ of certiorari for the purpose of having conflicting decisions sub mitted to it. it would seem that the public interest require that the court near the matter and resolve the con flict "It may be that Mr. Frierson's view of the law is correct, and It may not be, but we have only one tribunal in this country authorized to settle the question." - ," The statements-given out by Judge Charles H. Carey, counsel for Aibers, embody a protest from Barnett Gold stein, ex-assistant United States at torney, who aided in the prosecuting of the case. . '. . Goldstein Makes Statement. Mr. Goldstein's statement follows: "The fact is. Judge Carey is not entirely accurate when he states that the record showa that Aibers was deliberately plied with liquor by a despicable group of persons until he was made helplessly drunk. He omits to say that the record likewise ahows that this "despicable group of per sons" among whom were numbered E. C. Bendixen and L, W. K.mney, business men of this city, and J. A. Meade, an oil man of Loa Angeles who had never met AlDers berore in tneir lives, testified that while Aibers had been drinking, he made intelligent answers to the questions asaeu oi him and was most emphatic in his adherence to Germany. Their testi mony absolutely tended to show that Aibers was not that drunk that he did not understand the nature Of his utterances. The only plying of liq uor was done by Aibers himself. The fact Is tat the liquor that he drank merely kaVe him' tire- courage,- -tire bravado, the indifference to say and do things that he as an American citizen knew he should not lawfully say or flo. .Drink merely loosenea his li;s and laid bare nis uerman heart. His body was in America but his aoul was always in Germany be fore and during the war. Equl Trial Is Cited. During the trial of Marie Equi supported as we were by the ruling of other district judges throughout the country, we proved what she said in May. 1618. during the Prepared ness day pirade. The circuit court of appeals held that this was admissible upon the t uestlon of Intent, and at-J firmed her conviction. She thereupon petitionee tne supreme court of the United States for a writ of ceruoarl. While this petition was pending, the e'reuit court of appeals had before it the appeal of Aibers, where there was raised the same question. It with held deciding the case for almost a year, awaiting the decision of the su preme court in the Equi case, which would be decisive ut the question. When the supreme court finally re fused to entertain Marie Equi's ap peal, thus in effect affirming the de cision of the lower courn, the circuit court thereupon promptly affirmed the decision in the Aibers case, say ing "that a like ruling must be made this case unless the .qui case is to be overruled, which we are not prepared to do.' In the face of all this, with the au thority before him of the Equi case in the supreme court, with the authority f the unanimous opinion of three judges of the circuit court of appeals the Aibers case, it is almost un believable that a single person in the department of Justice . would under take to usurp the functions of the su preme court by deciding the conflict ing decisions from different circuits. DECISION IN SEW STRIKE IS EXPECTED Actinn on Arbitration Is Due by Tomorrow. v ENGINEERS BIG FACTOR CO-EDS ENTERTAIN CROWD May Festival Dance Programme Proves Interesting. OREGON AGRICULTURAL "COL LEGE, Corvailis, May 7. (Special ) A crowded house greeted tne co-eds in a May festival programme of solo and group dances put oril by the de partment of physical education for women last night. "The Moods of the Sea." featuring Helen Rodolf as the "Spirit of the Sea, and troupes of dancing co-eds typifying the "calm mood," the "play ful mood" and the "storm mood," was one of the most finished events. Jean Folsom as the Lorelei and two grade school girls, Flora McCoy and Kuth Richardson, played important parts. A slave dance entitled "The Slave Marche," presented by Miss HJertaas, instructor in dancing at the coiiege, was one of the most popular featutea. An animated billboard was one of tha unusual features of the evening. In this act many of the better-known advertisements came to life and per formed in characteristic dances at the call of Nell Richmond, the page. Helen Rodolf appeared in "The Pipes o' Pah" and Florence Wharton in a Spanish dance. Willingness to Make Reasonable Concessions Regarded as to Best Interest of .Men and Public. WASHINGTON, D. C, May 7. De cision as to acceptance of the pro posal to submit remaining differences between marine 'workers and their employers to a commission composed of Secretary Davis, Admiral Benson, chairman of the shipping board, and a representative of the men is expected by Marine Engineers' Beneficial asso ciation officers before Monday. William S. Brown, president of the association, said- today the main dif ferences awaiting adjustment rested with the engineers andthat repre aentatives of the seamen had incjj cated they would abide by the asso ciation's action. "I believe it will be to the best in terests of the organization and to the public." Mr. Brown said, "for us to show a willingness to make reason able concessions." Mr. Brown made public a telegram from B. L. Todd, secretary of the At lantic, Gulf & Pacific coast councils of the association, stating that eight eastern and Gulf operating companies had "signed up (or one year." It added: 1 "Telegraphic reports from Mfcbile. Norfolk, Portland. Maine; Philadel phia, Galveston, Charleston, -Portland, Or.; Savannah, New Orleans, Tampa, Apalachicola, Key West, Port Arthur, Jacksonville, San Francisco, show fa. vorable conditions for membership and 100 per cent loyalty to organiza tions." 4 SECRET STRIKE VOTE TAKEX Result of . Balloting to' Determine Future of Wage Contest.' Continuation or termination of the marine workers' nation-wide strike was thought to hang upon the result of a secret vote taken last night by members of the Marine Engineers' beneficial association. Balloting was conducted at a meeting of" the Port land branch of the association, which started at 8 o'clock, but the. result was sent ro the national headquarters of the association without beipg re vealed here. Similar meeting8 were scheduled tor branches of the asso ciation in all -ports of the -United States, to determine whether the ma rine engineers will accept the la per cent wage reduction recently effected by (he shipping board. The engineers' association has con stituted the backbone of the Strike. Unskilled men for all three depart ments of the ships-deck, engine room and galley have been available in ample numbers since the strike was called, but1 vessels have been delayed in all ports of the country, and tied up completely in many, by, the lack of qualified and licensed men to operate the engines of the vessels. It was said before the strike was declared May 1, that every licensed engineer on the Pacific coast was a member of the esfcociation. A weakening in the ranks of the engineers and an unwillingness on the part , of the 1 individual members of the association to prolong the struggle, with its enforced idleness, loss of- income and imperiling of posi tions, is indicated both by the con cessions granted by the representa tives of the organization reported in dispatches from New York, and the fact that shipping board vessels, tied up here by the refusal of their engi neers to sign new articles, have been taken to sea by other engineers who stepped into their places. The first picketing of the strike to take place here broke out yester day when union men paraded about the office of the sea service bureau, 'hich has been recruiting men for tbe strike-bound steamers, bearing a large banner reading. "Strike is on. Sailors stay away from ocean-going vessels." No disorder was reported. The Admiral line steamer Pawlet, laden with a full cargo for the orient, was expected last night to get away for sea early this morning. She was tied up at the idle fleet moorings, be low the Broadway bridge, a week ago when her crew refused to sign new articles, and practically an entire new crew had been supplied up to last night by the sea service bureau of the shipping board. county Friday night. Clarence L. Irvine, formerly of Independence, was found asleep in the house and was taken into custody. Saturday Irvine pleaded guilty before Justice Coad of this city and was fined J230 and sentenced to 20 days in the county jail. IillllE!!!!l!l!lilIlliM ENDEAVORS IN" SESSION Linn County Union Holds Banquet at Albany. ALBANY, Or., May 7. (Special.) With more than 100 delegates in at tendance, the sl-th annual convention of the Linn County Christian En deavor union opened last night in this city and will be concluded tomorrow evening. Three sessions were held today and at 6 o'clock tonight a banquet was served. . J. Harold Irvine of Albany, president of -the county union, pre sided at this banquet. At the opening session last night Rev. Roy Healy. pastor of the First Christian church of Albany, led the devotional service; Rev. T. J. Mc Crossan, pastor of the United Presby terian church of Albany, welcomed the visitors. Dr. Helen Gilkey of Cor vailis responded and W. L. Van Nuys of Portland led the consecration service. . ' ' Among those who participated in the programmes at today's sessions were Rev. W. L. Van Nuys of Port land, Lloyd St. Carrick of Portland, former field secretary of the state Christian Endeavor union; Carl E. Sox' of Albany, Dr. Helen Gilkey of Cor vailis. Rev. B. F. Fellman, pastor of the First Baptist church of Albany; Oscar Doble of Albany and Elaine Cooper of Albany. 40 PINTS CONFISCATED Moonshine Found in Vacant Lot and Poured Into- Sewer. Forty lonely pints of moonshine. colored a handsome bourbon brown were adopted by Deputy Sheriffs Schirmer and Beeman, yesterday aft ernoon when unearthed in a vancant lot on Rex avenue near Thirty-eighth street Southeast A few hours later and they were taking a course In th.e general direction of the Willamette river, from the sewer drain in the courtyard of Multnomah county court house. Every effort was exhausted in the search for the birthplace of the pints. Houses in the neighborhood were ap proached expectantly but the trained nostrils of the liquor hounds could de tect no odor of mountain dew. 2 LEPERS WIN FREEDOM Portland Officers on Lookout for Arrival From San Francisco. Word that two lepers had escaped from the isolation hospital at San Francisco was received by Dr. F. D. Strieker, state health - officer, last night. One at least is thought to be northward bound on board a steamer. The two are Jose Garcia and Fran ciBco Jabier. They are thought to be Mexicans. A close watch has been ordered for all local docks and if discovered they will not be permitted to land. Both the city and state health officers are on the lookout for the lepers and every effort will be made to appre hend them. Announcement! BECAUSE the F. Friedlander Company has an enormous surplus of fine Diamonds, Watches, Silverware and Jewelry, it has been decided to offer the entire stock At Reductions Ranging From V4 to Vz SSfiisr TO arrange for this very great occasion, the store will be closed on Monday and Tues day and the Sale will open on Wednesday mdrning at 10 o'clock. IT is not going beyond the bounds of good taste to state that this will undoubtedly be the greatest sale of fine Jewelry Portland has ever seen. x MURDER NEAR SOLUTION (Continued From First Page. ) Particulars in the later papers. F. Friedlander 310-312 Washington Street. Co. nil!ll!!!illll!lII!lill!ll!ISIIi!iiillllilll! Still Operator Sentenced. DALLAS, Or., May 7. (Special.) Sheriff Orr and Deputies Chase and Clements captured a still, 35 gallons of prune brandy and 400 gallons of mash in a cabin on Upper Ritner crrek. in the southern part of Polk going to visit he home of the Mace donians at 539 Albina avenue. When she failed to return her landlady be came alarmed and notified her rela tives, who in turn notified the police. Accompanied by a policeman. Mills visited the house on Albina avenue. The plaoe was in great disorder. Clothing was scattered everywhere, a half finished meal was on the table and evidences of a struggle were ap parent. Dark stains which resembled blood were noticed on the floor. Despite' all this, according to Mills, no great effort was expended in the case. The police did not even examine the floor of the house. Two feet underneath where the policemen and Mills stood the body of the girl was found. Even when it was reported that the Macedonians had disappeared, the police displayed no interest in the case, according to Mills. And even seven years later, when the skeleton was found and the identity of the supposed murderer established. Mills declared that the detectives told him there was no use in investigating the case further. I'nderworld Story Clear. The underworld story of the mur der is very clear. The detailed story was current even before the skeleton was discovered. According to this story, the murder occurred on the day that Miss Phillips visited the house. The house was an old, dilapitated shack, which years before had been joined to a dance hall next door. Five men lived there. The girl, according to this Vstory, was accused by the two men of hav ing cheated them of $300. Hot words followed, and, a struggle. Then stilettos flashed. The girl was mu tilated before -she finally was killed. Her head was severed from the body and she was slashed almost to bits. The two Macedonians fled, not even stoopingto clear away the debris. A returned and found tho body, in the room. Roommates Fear Accusation. Frightened at the thought that they might be accused of the murder, they hastened to bury the body underneath the floor and to clean up the signs of the struggle. While they were thus engaged, the fifth man, who was employed at a bakery, returned. The five left the city soon after the dis appearance became known, but they did not go before the story became the property of certain underworld characters. After identification of the body the detectives assigned to the case were extremely enthusiastic over eventual ly solving the murder, according to Mills. . "Why, we've got enough on 1 to hang him," one of them is quoted hv Mill as savlne. Tjiter Mill was summoned to head quarters by Inspector Mallett. Cahlll and Morris ana cioseiy quesuuueu. Mills Decline Oath. "They wanted me to swear my life away." Mills declared, "and when i refused, they said there was no use in going further with the case They wanted either Mrs. Clune or my wife or myself to take oath that -'had threatened in our presence to kill Mabel. We had seen him only twice, and we could not swear to any thing of that kind, because it would not be true." Mills was supported In his asser tions by Mrs. Clune. "Yes, the police said that if we could not do that, the case was all over," she declared. "They said that the district attorney told them this was needed for corroborative evi dence. Walter H. Evans, district attorney, last night denied that he had given the police such Instructions. Gram Denies Statement. "One of them called me on the tele phone some time ago," he said, "and esked me if I could see Mrs. Clune. 1 tnM him to hrlnr hor up, that I would be glad to sea her. I also fold him to investigate the nil as fully as possible before taking dnflnl: action. But I most certainly did not tell him that wa could not lioue a warrant on the evidence in the hand" of the police. Why. wa have, Issurd warrant on far less evidence than there is in this case and have obtalnrd conviction." . His Hearing Kestored. The invisible ear drum invented by O. Leonard, which is a miniature mna-anhone. fitting inside the ear en tirely out of sight, is restoring the hPirlnr of hundreds of people In New York City. Mr. Leonard Invented this drum to relieve himself of deafness and head noises, and it aoes inis so successfully that no one could tell he ie a deaf man. Jt is etrective wnen deafness Is caused by catarrh or by perforated, or whly oestroyea nat rat drums. A requcTst for informa tion to A. O. Leonard, Suite 113, 70 New York City, will oe Fifth avenue little later two of the other residents ' jrlvn prompt reply. Adv. e zmrnS. i . mmm.. ill! iillfi k'?v!2 - i !!Ji:JZ?rG Your Attention Is Invited to the Display of Oriental Rugs AT THE AUDITORIUM THIS WEEK We have gathered here some of the finest exairiples of hand-woven rugs from Persia, Turkey, the Caucasus, Turkestan, Baluchistan and China. The sizes are for small homes. The purpose of this display is to show that fine, im ported oriental rugs can be purchased for prices as low as ordinary -rugs are sold for. Prices are marked on all rugs. ORIENTAL WEAVING will be demon strated by the methods actually used in the orient. CARTOZIAN BROS., Inc. Importers of Oriental Rugs s Seattle - Pittock Blk., Hamadan Sppkane Portland Persia i5 - mi . - - - mm mm . vmxm .mm mm , mm mm TODAY - -sJ . i - - -I m - - . .- v m -i , . V"V " . - V " - - i frr , : '- I ( - V v I V n . -. ':'.::::'.yy:::::y:::'y:-::::::':: 'V.i;rV-:- - - - i - ' .? . I ; ' i i" - ' s J Ma . 4 x 1 v (7. y -u rr ' ' . . f J l'1 - - V:V v 1 I ; V - 3 , N ' V ' MARION IN DAVIES TREASURE A story of a society belle and a Wall street pirate. KNOWLES and the COLUMBIA PICTURE PLAYERS -ww .m- - '.--v-it "' nMiiiiii '..T. I. in in r -- - - ii n