The Oregon daily journal., March 21, 1903, Page 8, Image 8

8.
THE OltEGON DAILY JOUIINAL, PORTLAND, SATUBDAY EVENING, MAECII 21, 1003. -
it
ii of jusncr
. i
Witnesses Tell Details
of the Butchery
Insanity Theory the Defense A
' t Journal Reporter Tells of
:i 1 Exclusive Iaterview.
The ' trial of Francesco De Falco,
Charred with murdering fell wife by
twatlng- her head In utth a hand-axe
February 8, la drawing to a close. The
'" testimony la all before the Jury and
ertmments ere being made thts 'after
noon. It la expected that the prosecu-
tlon and defence will have concluded by
adjournment late thli afternoon, and
fudge Fraxer will charge the Jury Mon
day morning.
The flint wStneaa called this morning
raa Dr. W. O. Manlon. an expert on
Insanity. He reiterated much of hla
testimony of yesterday afternoon, say
. Ing that he believed De Palco to be of
, such a low 'order of Intelligence that
' he ia not capable of clearly dlstlngulah--Ing
between light and wrong. When
iskcd If ha believed that the accused
inaa Had all b!a life been Irresponsible
the -witness replied he believed that so
" far as his mental functions entered Into
his. actions he was, but on the other
rnnd be might bo able to dlacrlmlnate
between right and wrong to the extent
f government by hla organlo function!.
The sum and substance of Dr. Manlon'a
)eattmonjr was that he betfeved De
Falco to. be Insane now, and to have
en more . or leas unbalanced all hla
life. .
Believes Xlm Xasane.
Dr. 3.i W. Morrow followed on the
Witness stand and testified that ' he was
. vnable to positively stata that the pris
oner la Insane, owing to the difficulty
,Jn understanding" him wKen the examin
ation - was attempted. He saM he be
lieved that ' the man la a degenerate,
hut ' has been keen to a sense of re
: aponsibllity. Several sclentiflc questions
were, asked the witness and a discus
sion followed on subjects pertaining to
aeml-como conditions of persons either
mesne, or made .Insane by the use of
narcotics and alcoholic stimulants.
The Isst witness called was Dr. Harry
Lane, who testified that he did not be
lieve the alleged murderer to be Insane.
He . stated that his brain had probably
been dulled by the excessive uae of alco
feol, hut otherwise he was a rational ba
Ing capable of Judging between right
and wrong and able to appreciate the
consequences of a crime. Dr. Lane gave
several cases similar to that of De
Falco's '' alleged mental condition, and
said thai when the patient was relieved
of fear, trouble ' or punishment he al
ways regained his sanity,
Yesterday's Hearing.
At yesterday's session several wit-
! nesses were examined.' and although
the evidence Was conflicting on many
points, the trend of the testimony
was toward proving that the ac
cused man was Insane at. the time he
committed the butchery. District At
torney Manning opened the case for the
state by briefly relating the circum-
ntnnrH surrounding tne muraer, ana
outlined the theory of. the prosecution.
He stated that the defense would en
deavor to prove that Da Falco was In
ana at the time he committed the deed
had been Insane prior to the day he
struck hla wife with a hand axe and has
be-n craiy ever since, which array the
state would disprove. The prisoner, us
h xat near the District Attorney tnis
morning, gnvo the most conclusive evl
donee that now at least he is non com
pua mentis.
The rirst Witness.
The first witness called to testify was
Dr, C. F. Candlanl. who stated that he
had known the De Falco family for more
than IS years, and had treated nearly
every member of the household In caaes
of sickness. , He graphically described
the finding of the body of the murdered
woman when he was called to the house
on the afternoon of February 26. He
said that death was caused by two frac
turea of the skull caused by a hand axe
which was then exhibited In court. He
said that the dead woman had evidently
been seated at a sowing machine, and
had been engaged, at work when she was
struck from behind. A thimble was still
on her finger when he, viewed the body,
Cross examination did not alter the wit
ness' testimony.
Ths next witness called by the prose
cution was A. Caswell, a police officer
who was called to the soeno of the mur
der not long after it occurred.
Arrested De Taleo.
Griff Roberts, another witness, testi
fied that he was sent to the scene In
charge of the patrol wagon and had ar
rested Do Falco in a saloon on Fourth
street near Marquam Gulch.
An .Exclusive Interview.
W. H. Warren, a reporter for the Ore
gon Dally Journal,, and who secured the
only newspaper interview from De Falco
testified that at or about J ociock on
the afternoon of the murder he waa at
the city Jail when the prisoner waa
brought Into the station. While being
examined at the sergeant's desk Warren
asked Da Falco several questions. The
witness said that Da Falco stated that
he had killed his wife because he was
lealous of a man called "Pete." He also
said that ha had oommltteed the deed
with an axe. Mr. Warren atated that
the Interview published In The Journal
of February 2t was exclusive, as no
other newspaper could effect an Inter
view with the prisoner.
Mr. Warren waa followed by John
Cordano, an ex-detective, who said that
he had called upon De Falco In the city
Jail and that the prisoner had told him
that he had struck his wife because
ha was lealous of the "bird man." or
a man called "Pete."
The moat pathetic testimony was
given by Pasco De Falco, the comely
19-year-old daughter of De Falco. She
testified that her father had quarreled
with her dead mother, quite frequently,
and the cause was always that of Jeal
ousy. She said that last July her father
struck her mother . four times on the
head and in the face with his flats. The
witness has not the least semblance of
an Italian accent and during her testi
mony seemed to be. struggling between
truth and a desire to shield her father.
King Oscar of Sweden has presented a
gold medal for award every fifth year to
the world's moat prominent mathemati
cian. .
The Journal prists today's news today.
llti:
US 10 (0(1
Police and Fire Depart
ments Are Safe-'
The
Elements of Service
Experience to Be Considered.
and
The cltUons of Portland may now be
at ease In regard to the Intention Of the
Civil Bervlce Commission, and those who
have positions In the police or Are de
partments mny draw a long breath, for
there Is little chance that the stringent
rules which now govern applicants will
be put Into effect except In a modified
and amended form which will get
nround tho much discussed problem, dis
missal of a major portion of both these
departments.
The ."commission hd been informed
unofficially and wer , personally ac
quainted with the dllneulty which ex
isted and were quite wining to accept a
remedy if one could be found. ..
Several expedients were talked of, but
It remained for, Mayor Williams to pre
sent a solution which does not detract
from tho dignity or position of the char
ter, but does, at the same time, render It
possible for thi; personnel of the police
and fire departments to remain aa nere
tofore.
Bests with ths Commission.
Tho law aa is laid down In the charter
distinctly aays that the Civil Service
requirements will affect not only those
who tnake application, but also tnpse
who are already holding positions. What
the requirements shall be Is left to the
commission. It will be able to make
requirements of a physical nature that
111 admit of the retention of the mem
bers of the present fire and police de
partments.
By this It is not intended that the
general standard of excellence shall be
lowered, but as in tne case or the pres
ent regime, experience, ability and length
of service will take the place of the
general average which was heretofore
given to chest measurement, height and
other physical requirements.
Ths Mayor's Tlews.
Mayor Williams was very emphatic
In his denunciation of the rule which
would cause the disruption of ths two
principal municipal departments.
He said: Gentlemen, you know that
there Is a great deal of dissatisfaction
broadcast throughout the city and among
all classes of Its citizens, arising from
the reported probability of the decima
tion of the police and fire departments.
Many people have spoken to me of this;
cltlxens who have the welfare of the
Ity at heart. Your rule will have to
be changed to suit the occasion. Under
the system which you have In view only
certain people who are physically sound,
it making no difference as to the quality
or quantity of gray matter, are allowed
to even apply -for positions. The man
who, ,1s fitted by experience and knowl
edge Is not granted the same privilege
on account of some, paltry physical de
fect, when It goes without saying that
the latter type Is best fitted to hold the
position. Now, this is not right and
should be amended. I tell you. gentle
men, every clttsen of the United States
and of the City of Portland who has
reached the age of 21 years should be
entitled to ' have his application pre
sented to you 'and have It considered."
"What would .be the standard then?"
asked Hod son.
"Judgment," , answered the Mayor.
"Tour own unbiased Judgment aa to
Whether the applicant made up In ex
perience and ability what he might lack
physically." .
Courtenay Bays Too Much Power.
"But this would give this commission
too much power,' interposed Courtenay.
"Not at all," said the Mayor. "If oare
and discretion be used and the facts of
previous ability and, service are counted
by points as In the rest of the exam
ination." . -
Hod son wanted to know what would
be done with tha rule as It stood.
"Make a new one." said Mayor Wil
liams, "and give every one a chance."
Willis thought , that It might be too
late to make a change, luit when In
formed that a ten-day notice wax given
the applicants before examination he
agreed with the Mayor's proposition.
Pear ct the Executive Board,
Courtenay expressed an opinion that
much adverse criticism might be in
curred If th-ls action were token and also
that the executive Board might take a
hand and pick flaws In the reports. He
was Informed that the Kxecutlve Board
could not do this except ns private cit
izens. Willis still expressed nomo doubt as
to the feasibility of changing the method
of procedure already laid down, and that
the 'commission - might be accuHud of
partiality toward their friends.
"I haven't any friends." said Hodson;
"at least slnoe I've been on this- com
mission.' .
The1 Mayor again explained the situa
tion, and his suggestion. After a gen
eral discussion It was decided to frame
a new rule and a meeting was called at
2 o'clpck Monday to consider the word
ing of the same.
With ths result.. (They have only lost
a week's work and have gained Import
tant concessions. For a time It looked
as though, .jil-oir demands would , be
stubbornly contested by one or two of
the firms, but any serious opposition
failed to matertaltrs.
THE MACHINISTS, .
At a meeting of the Machinists'
Union last evening Barry Aherns was
elected as a delegate to tha International
convention which will be held at Mil
waukee on May 4. O. 13. Thomas was
elected to represent the union at the
elate convention, to be held at La
Orande a week later. .
Drink the Old .and Renowned
LABOR MEN TO DEBATE
..'The open meeting of ths Federated
Trades Council on the evening of April
10 promises to. be Interesting. John A.
Ooldralner has Issued a challenge to
meet any member of organised labor at
that time In Joint debate upon the fol
lowing question:
"Kesolved, That organised labor vote
and work for the overthrow of the
capitalistic system, and the establish
ment of an Industrial corporation.'
COURT DECISIONS
V
Judge Sears rendered ths following
decisions this morning. In the State Cir
cuit Court: Egan vs. the N. A. 8. L,
Co., the motion to, set aside, decree de
nied; BUvorf.eld vs. Frank, motion to
strike out denied. .
I Gambrinus Lager Beer
- - Send orders for Bottled Beer to
OFFICE, 793 WASHINGTON STREET
. .. .. . , t . . . V 1 .. .r t ,-. , '
f Telephone No. Main 49-
sL-A- AAAlAAallAU A A J.AAA SA S a
Tf T TTfTTfTTTTTTTTTT
r' -.,. .' , '.. P Jr
1 1 II II H i III I I f il l I I t'tt'tt
Both Phones
h v,'V
X ' MMMMMII ,,,,
; Banfield Veysey Fuel Co.
f SLeAB WOOD 1
C your order fa Mrty and lv your wood hM fr.
Offlcerlto. BQ THJKb STBJUtT
Or. Plon Mala 131 Columbia iTX J x POJLTt.AxOJUCCOfi
lHllslatniiiiintsissee4steaAaaasaaai
THE RUSH
IS ON
EXPECTED STRIKE
"IS AVERTED
Leather Wotkers Return to Work
: on Monday.
The Leather Workers' difficulty will
be settled up this afternoon and the
men will return to work Monday morn
ing. The differences will be compro
mised. Ths unlor was asking for a
minimum scale' of $3, and a compromise
will be effected by the firms offering
I?. 75. Acting upon the advice of R. H.
McCallum, a representative of the in
ternational ' organisation, this rate will
be accepted. Only about eight men In
all the shops will receive this amount.
The average wage will be In the neigh
borhood of $3.50, many of the moat
skilled mechanics: being able to make
The nlne-hourHlay was conceded sev
eral days ago, and it haa been apparent
for some time that the only differences
oetween the men and the firms would
be over the minimum sxale. The em
ployers, as a whole, are well satisfied
The Spring lUish Is on, and wt
want to keep things bumming.
If you have'nt bought your
Spring Suit yet, we can give
some interesting figures. We
can give you satisfaction a well
as economy. The Suit we sell
you will be the most stylish,
elegant distinguished looking
Suit yo n ever wore.
& CO.
Safety Tube Boiler Works:
Marine and Stationary Boilers manufactur:
pr onn mneiMul n1 nil l,l,4- -4 I i
altered tolncrease heating surface.
85 TO 89 UNION AVE., PORTLAND. OR.
hop Wkme,, Union -fia
?
FAMILY ROOMS GENTLEMEN'S RESORT
LOUIS DAMMASCH
COODNOUCH BUILDING, 1 68-1 70 FIFTH STREET.
, Opposite Postoffice
Cold Lunches ... Schlitz Beer on Draught
Armstrong
The Tailor
313 Washington Street.
F.VV.BALTES&CO.
Printers
Second and Oak Streets
BOTH PHONES
Henry Weinhard
Proprietor of The
City Brewery
, Largest aM Most Complete
Brewery in the Northwest
Bottled Deer a Specialty
Telephones No. 72. Office 13 th a a J
fiarnslde Streets, Portland, Or.
4 4t
SXF?
Time Is
hoft 'We've
ot to
Move:
This is
the Beginning
of the
Building Season
And an interesting feature
of this sale is the large
number of fixtures purchas
ed by prospective builders.
They were quick to see the
advantages of this
Gas
Fixture
!
Removal
Sale
s
The Oregon Daily Journal has leased our present quarters and we will soon move
to our new location. Before we do this we want to dispose of this large stock of
Gas m4 Combination!
rr-o
ir .Mmkfes
REMOVAL SALE PRICES PREVAIL
Every fixture has been reduced from .one
quarter to onehalf below our former selling
price. The designs are new, many of them
exclusive, and fall of them are exceedingly
ornamental. They come-to us from the larg
est fixture manufacturers in the country.
Not an imperfect fixture in our stock they will be sold regardless of cost
n
a
4
PORTLAND
OAS
' '
-d