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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Dec. 5, 1908)
THE OREGON DAILY JOURNAL. PORTLAND. SATURDAY EVENING, ; DECEMBER 5, 1908. DENIES Mill 8EC0IID TRIAL Judge Cleland Finds No Sub stantial Errortf Were Made by tne State. ; Edward H. Martin, convicted of man slaughter' and sentenced1 to 15 years In the penitentiary for the killing of Na than Wolff, was denied a new trial by , Judge Cleland in the circuit court this mornlne;, completing another step ' In the slow progress of , the case to the supreme- court, where . the defendant's ' claim to another trial will ultimately have to be decided- - Five days were allowed by the court In which to prepare and tie a notice of appeal, and the Judge indicated that not more than 30 days will be granted for the preparation of a bill of excep tions. This will carry the case to the supreme oourt eariy in tne new year, ' but the Jack I Rose case. tried two weeks later, will reach the higher tribu nal before the Martin case. In the argument of the motion for new iriBi hub murnms ocimum uuu ap peared for the defense and Deputy Dis trict Attorney Fltsgerald for the state. Fouts based his argument on alleged er rors of the court In ruling on testimony and - on affidavits concerning the al leged statements made to Jurors ty De tectives Hellyer and Price at the time -the Jury was taken to view the pawn shop where Wolff was slain. It was charged that Martin was not present during part of this procedure and that the .detectives pointed out locations to the Jury-without authority. The.se af fidavits were met by counter affida vits from the other side. In which Hell yer says tha$ all the talking he did to the Jury was done toy request of Seneca Fouts, and in which Price denies that he spoke to the Jurors. Mr. Fouta this morning attempted to file a counter affidavit in which he de nies that he asked Hellyer to explain things, saying that his remark was in tended to. be a reproof to Hellyer for .talking within hearing of three or four of the Jurors. . Kls affidavit was ex cluded from the record on motion of the deputy district attorney, as it had not been Died in time. Judge Cleland,. In rendering his de cision, commented briefly on the points raised, reaching- the conclusion that no substantial error had been committed. The whole question now goes up for the action of the supreme court. Should a new trial be granted Martin could only be tried the next time for manslaughter, the verdict returned In September act ing as an acquittal of all higher degrees of homicide. C . MUST SET EXAMPLE (Continued From Page One.) therefore much Interested in the trend of polltioal conditions in Oregon, par ticularly as to those laws that tend to remove political control from machine influences and place the power in the hands of the people. Xa.il road Owns Machine. "Down in California." said Mr. Davis, "there is less buying and selling of votes perhaps than in any other legis lature In the , country for the reason that ths Southern Pacific owns the or ganisation. It does not have to buy senators or representatives. Kverythlng is done there in the open. The South ern Pacific maintains a lobby at Sacra mento and it is a matter of public knowledge that the company, is after the supervision o the legislation of the state. "For SO years," continued Mr. Davis, "we have been trying to rid the state of the control pf the machine. We have pointed to Oregon as being In the van guard of otates with anti-machlne leg islation. , There is no doubt that Ore gen has the best legislation an regards political control of any state in the union. We have looked to Oregon as a leader. "California is In better cnndWIon to day to shake off machine control than It has ever been. It has a primary law drafted and it has a large number of members of the leglslture pledged to Its support, 'i'here Is every probability that a primary law will be enacted at the coming session. It han be easily seen therefore that I ah . very much Interested In seeing the Oregon law sus tained. If it is not it will be a great disappointment to me and to every lover of good government. Oreg& Held to '4 Leader. "Oregon cannot afford to repudiate Its law in any way. The members of the legislature cannot afford to put their state In such a position. Through out the country Oregon is looked upon as the leader in good governmental legis lation. If It were to repudiate Its own good government It would be little less than a national calamity. "I do not know Governor Chamber lain, but it is not a question of the. man. It is a question of the principles at stake. It it a question of law en forcement against disregard of law, of The fulfillment of a pledge against its nonfulfillment, of the upholding of truth and civic righteousness against fraud, deceit and chicanery. "There is only one answer to the question 01 wag snuum oe eieciea sen ator from Oregon, and that answer is Chamberlain. Not because he Is Cham berlain, or because be has made a good governor but because he has been chos en for the place by the people of the state, and the members of the legisla ture, or a majority of them, have pledged themselves to follow the in structions of the people. "I cannot conceive how nr member of the legislature who has pledged him self on the senatorial question can vio late that pledge. There is but one hon orable course to pursue to keep the pledge. Neither can I see how any man of honor and honesty can suggest or encourage any movement which has as its object- broken pledges and dis honored promises. Banff Is JTo Oreat. "I do not believe," concluded Mr. Da vis, "that there la any danger of the Oregon legislature killing its own law. I believe that civic ideals are too high In. this state for that t believe that Oregon men who pledge their word and honor to do a thing, do that thing. "I believe that the people of Oregon have passed their laws because they be lieve In what they contain, that they will demand that these laws ba enforced and wai iney would nrooK no Interference with the course of these laws from any source. , -"I do not think there is any danger of the people being thwarted. If such a condition should come to pass I would be greatly disappointed and it would be a disappointment and a discourage ment to every lover of good government in the United States. Oregon cannot afford to give this discouragement to the nation. CAMPAIGN HOT ' III ILUAilE "' F y. --'X' sj 1 . uj ii . m V . I "". 4 City Election Will Be Held in Suburban Town Monday Night. - - . Mllwaukle Is In the limelight once more. . There - will be a city election there Monday and the suburban town is ftiszllng with political excitement. William Shindler, present - mayor end commonly referred to by his fellow townsmen as the "rear of Mllwaukle," has announced his candidacy on an in dependent ticket in opposition to Phil lip Streib, the regular candidate. O. 8. Matthews, a present member of tho city council and a close friend of Mayor Shindler "Is also running on the lnde- fiendent ticket - for reelection. These wo make up the Independent ticket. Shindler for a long time has held con trol of Mllwaukle city politics in spite of all efforts to unseat him. The op position is now making a- united ef fort to dethrone him, politically, it be ing contended that Shindler does not represent the progressive citizens of the municipality, it being cited as proof that he is in favor of allowing cows and horses, pigs . and chickens to run. at large in the streets. - At any rate every able-bodied man with a vote Is going to stay home next Monday and help change conditions in Mllwaukle. A mass meeting was held about two weeks ago at which the reg ular citizens ticket was - put in the field.- This ticket consists of the fol lowing candidates: For mayor. Phillip Strelbr aldermen, Fred Lehman and Isaac Mullan; city treasurer. E. T. Elmer, recorder, Arthur Cowling j and marshal, Jesse Keck. The citizens' ticket Is pledged to the abolition of the poll tax. It wants more street lights and Insists that tho Portland flenral Electria eoirmanv shall furnish them at the same rate as Is paid by the city of Portland. It wants to open new streets and to improve those now in "use. It insists that tha Rnnthnrn Panlflo should maintain an adequate freight and passenger depot at Mllwaukle. It insists that the right for a B-cent fare between Portland and Milwaukie on the electric should ie wav1 tn a winning finish. It wants the stock at large law strictly enforced. It wants to annex more territory to the north of the city limits. It intends to maintain tho present license system by which two saloons are allowed in tha city. Tn the naat there have been Dretty stiff fights waged against Mayor Shin dler 'and the outcome of the present battle of ballots will De waicnea witn intereet. Tonight at the town halt a mass meeting; to which all Mllwaukle la expected to. come to hear, the Issues discussed by the various candidates on the eve of the election. PEIIDLElinS GET HOMESTEADS Roy and Bertha Alexander and H. K. Lewis Secure Valuable Holdings. (SpetUt DJtDatrh to Ta Journal.) Pendleton. Or.. Dec. 6. After stand ing In line all night to make filings on homesteads in the Hermlston project, three Pendleton people, Koy and Kertna Alexander, and K. K. Lewis, were al lowed to enter tracts of 20 acres each at La Grande yesterday. Five other homesteads were opened, Frank J. Thomas. F. H. Bartlett, Charles Myers, James Scarborough and Samuel Lauden slager of Hermlston being the other fortunate ones. That the land was open to entry was a surprise to all, except the few upon the inside, although It was understood thst an opening proclamation would be published today. Even those who were fortunate enough to file) were startled to receive from La Grande Thursday evening a notification from the receiver that their filings had been refused on ac count of not having submitted their water filings to the land office at the time the land filing was made. Applications for water were immedi ately made out at Hermlston by those Interested and a second excursion to La Grande resulted, in which some of the original entrymen were fortunate enough to win out- Mr. Lewis, who re ceived word from a friend in La Grande that his filing had been rejected, made an , automobile trip to Hermlston where he made his water filing and returned to Pendleton late last - night, catchlrtg No. here for La Grande. The muddle came about through a rulinr of the land office at Washing ton to the effect that it was necessary to have the water comoleted and the first Installment of the cost paid be fore tne nomesieaa entry could be made. GREAT COLLIER HITS THE WAVE Promctheus Launched v 'Mare Island Navy Yard. at : . (United frets Leased wire.) Vallejo, Cal., Dec 6.-The huge gov ernment collier Prometheus - was launched at Mare Island navy yard to day in the presence of a great throng who had gathered from all parts eil the state to witness the ceremony. Var ious excursion boats and trains , were arriving All morning. To Miss Dollie Evans, the 10 year old daughter of Naval Constructor Holden A. lcvans. the builder of the shlD. Ten the honor of christening the oolller. She occupied a conspicuous place on . the platform wun - captain u nomas , a. Phelps, commandant of. the navy yard. Governor Glllett and other dignitaries. Just before the ship slipped down the ways to make her maiden dip in the waves, the little girl totted a gaily decorated bottle of champagne against the sides of the boat, crying, "I christen thee Prometheus." , Following the launching brief exer cises were held and addresses were de livered by. a number 1 of prominent speakers. Governor Gillett's subject was "California's Interest in the Event" Naval Constructor Evans fol lowed with an address on "Shipbuilding at Navy Yards." J. O. Harron. of the California . Promotion committee, dis cussed "San Francisco's Relation 4 to Mare Island Navy Yard.'-- and Walter Mac Arthur .apoke , on "The Builders of Ships." - Following the exerotses, lunches for 3000 guests was served by. the clvio organisation of Vallejo at the navy yard buildings. The visitors were then snown over the entire station. ; , Oood eoord in auUdlaff. The Prometheus and her sister ship, the. Vestal, built at the New York yard. are the first two fleet colliers ever built by the government. Each cost ii.ouu. 060. The keel of the Prometheus was laid on October 1$, 1907, and the vessel Is today 90 per cent finished. She is nearer actual completion than any other government vessel ever was at Its time of launching! The collier Is 450 feet long, 60 feet wide and 85 feet deep. It has a cargo capacity of 6500 tons and 7500 horse power, giving a speed of 16 knots when fully loaded. It will be armed with a battery of four three-inch rapid fire guns and will carry 11 officers and a crew of 162 men. It has been built particularly for use as an auxiliary ves sel to accompany fleets on distant Ctll llMSBt Secretary of the Navy Truman H. Newberry1 sent to the launching exer cises today the following telegram of congratulations: "The department takes this occasion upon the launching of the Prometheus to express Its appreciation of the ef fort of the officers and men who by their Intelligence and devotion to duty have contributed to this event, which demonstrates to the world- the capacity and resources of the Mare Island navy yard." FEAR CLANGING OF FIRE ENGINE'S BELLS Residents In the vicinity of Twenty-fourth and Kearney streets have petitioned the coun- ell not to build a fire station In that neighborhood. They offer to buy back the lot purchased 4 by the city for that purpose, agreeing to give 14200, the pur- chase price, for it. Among the reasons, set forth why the station should not be established are that the nerves of the sleepers tn that select dls- trlct would be distracted by the unusual noises incident to fire calls: that their peace and quiet 4 wouldt be disturbed and that property values would depreciate $100,000. The petition was con- eluded with a prayer to the mayor to heed the golden rule. LIBRARY ASSEMBLY TO BE HELD WEDNESDAY CHARGES OUR HIT HJMJHJ JAW Fellow-Roomer. Says the ex ' School Principal1 Knock-, ed Him Down Stairs. ROYAL ARCH MASONS TO HOLD BANQUET The whole top floor and reception par lors of the Commercial " club on the seventh floor will be thrown open to the members of "Washington chapter No. IS, Royal 'Arch Masons, at their annual banquet tonight. Covers will be laid for over 400 guests. . H. H. Parker, K. P H., is the toast master for the evening fend he has pre- fiared a fine program of speeches and etters. Governor Chamberlain-and H. W. - ScOtt were - to - have ; spoken to night, but owing to business in the east. Edgar Milner, a former public school frinclpal, and at present a teacher In he night school, was charged In a com- f lalnt sworn out in the municipal court his morning with assault and battery. The complaint was sworn out by J. H. Voltas, a roomer in the Nickum house, 889 Sixth street, where Milner also lives. Milner is said to have assaulted Voltas because he opened - he house mail box. Voltas says that the landlady asked him to open the box and distribute the mall, and he did so. He found a letter for Milner in the box, and when he handed it to Milner the teacher ques tioned him as to how he got It One word led to another, and Milner, so Voltas says, struck him In the Jaw and In the chest, knocking him half way down a flight of stairs. Milner will be heard in the police court Monday morning. have sent letters which will be read. A full orchestra has been engaged for the The ; program of speeches la as fol lows: ' " . "The River Route," Professor D. A. Grout; "The Symbolic Teachings of Masonry,' E. O. Jones; "The Harvest Festival.' H. B. Adams; "Song,"" Judge S. Bullock; "Masonic Building Mate rial." Professor J. H. Arkermnre "Tha Spirit of Masonry. Dr. Norris R Cox; "Masonry's-Prieathood,! -Judge Charles E. Wolverton. '. . ' (Special IMipatcb to The Jotira V Pendleton, Or.. Dec. 6. Next Wednes day evening the first public step in be half of the new library will be taken, when an assembly will be held at the ormnrv. The affair will be under the auspices of the library campaign and it promises 10 be a pleasant occasion. Miss Cornelia Marvin, secretary of the state library commission, will be an honored guest. Miss Marvin Is an en thusiastic friend of the public library idea and Is also a charming speaker. During the evening she will tell of the need of an Improved library in this city and in a general way will give local peo ple the benefit of her experience. According to the ladles, the meeting Wednesday evening will not be in the nature of a "donation party." No re quests whatever will be made of those who attend. The ladies have other plans for raising the money that Is needed for the equipment of the library. DAVIS DEFENSE TO OPEN NEXT MONDAY Th Policyholders Company Homo Offioei OORJWTT BOELDDra, L Oner FtftA and Herriaaa II wits, FOBTULND, OKBOaX. f A. t. MILt...TTr...... .PrealdsBl SAVTUEL. .....Oanoral Maaatet CLAKKNCB g. tAMUEI Asst. Mft. (United Prett Letted Wire.) Omaha, Neb., Dec 6. But few were present at the morning session of the trial of Charles E. Davis, accused of having killed Dr. Frederick Rustin aa part of a death pact entered into by them with Mrs. Abble Rice. ,The con clusion of the testimony of Mrs. Rice left little of Interest In the day's pro ceedings. The defense will endeavor to establish n nllhl Davis will not take the stand. his attornevs declaring he told all he knew at the coroner's inquest. Mrs. Rice is being held in Jail to await the outcome of the trial. If there Is a disagreement she will be held for the second, trial as the prosecution's Mr WHIIBM. An adiournment until Monday morn ing was taken at noon. Twenty wit nesses have appeared on me stand. Bev enteen are expected to testify on Mon day. The -case may go to the Jury Tuesday night. ELKS' MEMORIAL SERVICE TOMORROW Dr. Franklin Baker of Colorado Springs- will deliver the oration at the annual memorial service 01 me fort land lodge of Elks In the Taylor Street Methodist church at 2:30 tomorrow af ternoon. The eulogy will be delivered by George L. Hutchln. AH over the United 1 States members of the order will hold memorial services tomorrow afternoon. The officers who will have charge of the services In this city are John B. Coffey, exalted ruler; W. R. Apperson. esteemed - leading knight; William Adams,, esteemed lecturing knight;" C. M. Bills, secretary; E. W. Rows, treas urer; K. K. Kubll. esquire; George U Hutchln. chaplain: James Anderson, In side guard; T. E. Dowling. tyler. Qua C. Moser will deliver" the memor ial address to the lodge at Heppner. while another Portland Elk. A. E. Clark, will speak to the Elks at Vancouver to morrow. :, . ,'i' ... Is Best for Oyegonians According to army surgeons, the mor tality among the natives ef Alaska Is greater than among any other primitive race with which eivlllxatlon has come In Contact. Anm nrlnntnalW A hiluimi. losls. trachoma and othsr infectious dis ease CHAUBERLAIil AT H WHITE HOUSE Callaon President With JvN. TealGuest of Com-. - . missioner Lane. of the gevernor -who live here. -Chamberlain and. Teal were guests at dinner last night or jrranklln K. Lane, ttnter a-toA PnmWiaMtA' mini mrt I aaail sn At The average . yield of an orange tree during Its Hie Is about 20,000 oranges. (WaahlDt-toa' Bureau of The Journal.) Washington, Dec. S.-r-Oovernor Cham berlain antt J. N. Teal at the White House today , paid ' their respects, to President Roosevelt. Chamberlain has been the recipient of much attention. His daughter, Carrie Lee Chamberlain, is a student at Virginia college at Roa noke, V a. Bhe arrived here last night and will remain several days as the guest of her father and several relatives D. Boardman Griffin, M. D. yw Iptelsllit . 3 on , Drag ,' addlc- V: 4 tion and Aloo j I holism (formerly of v Salem, Or.) c a n n o w be 4 found at 638 "W. hi Salmon st. (near King), Portland, 4 or, who - cures 2 the habit or dis ease In two days witnoui . pain. Can resume for mer v oc a 1 1 on, thoroughly well. In' from 10 days 10 tw weeks. No money until patient is satisfied he is cured. Phone main oiiv. . . . pig m,i)f" v,rr 9 v a 1 v i '30EU: m ALCOHOL a Pr.B AficfablePrpranifinnrnrie. similarly tteFbotfanrinedu& iuiguiauTJitaitoaimj3owlsof ProirwtcsDiHonilferfiH ncssamresaoniamsntittei Omumarphlne nxMoeraL' WOT Ji ARC OTIC. "sssrggl es WSraaHaBBB, (ninYlnlliillin For Infants and Children. The Kind You Have Always Bought Bears Signs AdtfieUtt OonM Sugar hmOnpumilrm'. MMaaaaeBSjraTBM tiaasjai Anwfcri Remedv fnrfimsflDI Hnn . Smrr StmaTh.Dlanta Worms jConvalsions Jewnsfr ness andLoss or Seeep. licS'uiiSe Sitfnaiure of NEW YOBK. buaraMead under 1 Exact Copy of Wrapper 1116 AnV iture x AM iV h& Use I I. IT 1 1 u i-nr iiupr a I Ul VIUI Thirty Years ' thi oihtaus usMt Htw vats err. A Christmas! Without 7 decorative ( lights of some kind is ; like a. rose bush without any v blos soms. For that- reason it has been the.:cusionilfroni( olden times to adorn the Christmas tree,, which is t the center of i the Christ- J mas. festivities, with sparkling lights tov increase' the t j brightness of that happy time. ' ilar,,.oHheg,acoI Z of the backwoods, and to cling to th-em were assen sible as to insist upon using the flint (and steel of 'our forefathers. "Avoid the dangerous, dingy, dripping, candles, and over the green boughs ' hangr sparkling, electric lamps of any' desired number of colors.' Their t cost is saved in one Christmas'by avoiding the, dam-; age done to carpets and cloAhes by candle grease. - ? t Complete Miniature Deaorative (Outfits suitable t for this form of decoralion may be obtained, which are simple, safe and flexible, and adaptable i for decorating dinner laoies, eic. The cost of such outfits is $10.50 for, a 16 lamp set, and $12.50 for a 24 lamp set, ! PORTLAND RAILWAY, LIGHT & POWER CO. 147 Seventh Street Bet. Morrison and Alder Phones: Main 6688 - A-6131 V ataLliQ.OWtlXI t lETRlGV?IPlSTrUS DlCOWIOsV ecj5uraroiirTEt,"t:tO'SON.ouTriTT ' '..'.if '.; T , '?!!l!?,,l"IMII1M''aa','W,?lw -"wiyajWalWWsi , (s.-i(tsj Aam.iv-. . -, . .-.-jm. a , " " "' tin i - .- o..- ' ' jm ft. -- i ii i tail (1 rCi 2 '" " ili.,. Kir. i 1,1111,.,.. ,immmm MtfcjlSi m mr m: 1 i I . .. . JIT " ii .j&z?- j it j . 'Vl r-- - -J::'; .. .-.i-,..-m.i'Ti ..T2i S l: T . -. " -aSa? I ,i "" ' "i "'""S rr- . STNICHOLAS MAGAZINE 1 5. t, w n'-at-v- 1111 1,1 VW, f MtsWfc.-earft.W- . . aT,.' '-4 t T .... . . --.-. .ill - l LET YOUR CHRISTMAS GIFT BE A YEAR'S SUBSCRIPTION .TO ST. NICHOLAS The Best Magaane in- All the World for Boys and Girls and let the children have the benefit of this fountain of cheer and good reading and good art all through the coming year. GOOD READING U n absolute essential in a Do yon realize what StI . Nicholas will do for your 'I P child's life. Withoot it there can.be slight progress, f chUdben ? ' ' GOOD - READING sthmdates , the imagination, inV-T IT EDUC 'oV' imagination. inV f 11 UUATb that a one thingtt does, and another ' . plants higher standards, and exerts a refining influence fa implants high standarda, of living, helps - to that can be seenred tn.no other way. - I j, . T- nuapin pw wu ntq, sat wen, v; 5 - GOOD J READING f prorides the happiest honrs of v' .."J, ,;; 7 ;i.',',i''"' Z 2- childhood while laying the fbundaUons of character. November and December numbers, free j 1 ' ! I. J TL ii - wiin a jear a suusenpuTO oeginning; witn January, isiis. - wuici uiuuuo a , jrw auutci iiuuii iu nxirteen narebers for the price of twelTe.- You can ha! Santa ClaUS S pack. ' Remit $3.00 to U Or . thesa twojfree numbers (beginnta toe serab) and a hand- l atL i ; 1 IT snbsonption certificate sent to yo to pre at Christmas SUDSCTlOe inrOUgn your DOOKieaer. . the magazines from January eo to go direct. CENTURY CX), UNION SQUADS, KHVV YORK : "v
