1 i;
A
THE - OREGON DAILY JOURNAL, PORTLAND. THURSDAY EVENING, DECEMBER 24. 1908.
Ml
ADISO
IS
i 11
l(.
Street Eailway Company Of
. ficials and County Com
missioners .Assure the
.-Anxious Public That
Structure Is Safe.
. ' Of Hotels Say Bridge U Safe.
' We would not think of running
cars over the- Madison street
a bridge If it were not perfectly
- safe. Our engineer has It con
. siantly under his ' supervision.
The minute It shall appear to be
unsafe, we will atop running
4 cars across It. We could . not
afford to endanger the lives of
our patrons. B. S. Josselyn,
president of the Portland Rail
4 way, Light Power company.
e . The Madison street bridge Is
Just as safe as . the Morrison
bridge. The publlo can rest aa-
cured that they are la no danger
:: as long aa cars use It I B
4 Webster, county Judge.
! We have bad Mr. Wakefield,
4 our engineer,, make an examina
tion of the bridge and he reports
that It Is safe for traffic.-
W. Ii. Llghtner, county commla
sioner. une Xuaaison street unugj in u wu
condition, so tar as safety is concerned,
if there Is any virtue In the Investiga
tion of engineers and the findings of
railroad and county omciais. jxiBven
the heavy Christmas traffic can make
any impression on it President Josse
lyn of the Portland Railway, Light ft
Power company says so, wounty juukb
Webstel- says so. and so does County
Commissioner Llghtner. , ,; ;.
For some time there has been a
f rowing feeling on the part of the pub
ic that the old bridge Is in a shaky
condition and not really able to bear
the heavy traffic Which crosses It. -This
supposition has made many persons
fearful to cross the river on the cars of
the Oregon Water Power division and
many Inquiries have been sent to The
Journal asking the. real facts in the
; The county commissioners, who have
charge of the bridge, have been keeping
close watch on tin condition of the
structure and yesterday sent ' R. L.
Wakefield,' the head of the Portland
bridge & Building company to make a
jrsonal investigation of its strength.
M r. Wakefield made a report of his
findings this morning to the county
commissioners.
According to this resort, the bridge
is in as safe a condition as It has been
for some time past, and it is in no
danger of accident. ,v.; Strengthened by
the supporting piling which has been
put under the stationary spans of the
bridge, there is , no danger to passen
gers, according to Mr Wakefield, .
- Safe, Says Sxpert. ' . ,
"The Madison street bridge Is Just as
safe-as the Morrison bridge,' said Coun
ty Judge Webster this morning. "Mr.
Wakefield reports that the bridge is in
f ood condition and in no danger of glv
ng way. In order to make assurance
doubly sure it is probable that the court
mill order more piling to be put under
the spans, but this is not really nec
essary. It is simply done to take every
precaution at hand.
"This thing is certain as long as the
bridge is open there will be no danger in
its use. Mr. Wakefield has made an ex
amination and reports the bridge in good
condition. The superintendent makes a
dally inspection of the structure, and
should anything happen to weaken it the
court will close it at once. As long as
cars run over it there is no danger of
its falling..-..,
County Commissioner Llghtner is of
similar tnlnd. He contend the struc
ture is perfectly safe, and that the com
missioners are watching it zealously. At
the first intimation of anv danger, bow
ever slight,' the bridge will be closed to
traffic
"We can hot afford to risk the safety
of our patrons." said President Josselyn,
"The moment we believe that there is
danger, however remote, -we will discon
tinue the use of the 'Madison street
route and send ears across the Morrison
street bridge. ,
Engineer en Guard.
"Our engineer has made repeated ex
aminations of the bridge and has re
. ported that there is no danger. He con
tinually is on the watch, and should he
find any weakness would at once order
the ears off, .
"We have quit running double' cars
across the bridge, not because we con
sider the bridge unsafe, but simply as a
master of extra precaution. We believe
it wdttid be Just as safe to run the
trailer oars across now as it ever was,
but we e taking no chances. This can
be depenaethron, hojCT?rp-the moment
there is dange4 brldgeVtll not be
u tor "treetear iranic. v-
; it is announced by President Josselyn
that the company is now makii --r-
rangeraent to route the Madison st.ee
traffic over the Morrison bridge, in the
event that it should become necessary
the principal reason for the preparation
being the prospect of the construction
of the new bridge.
Plans for Transfers.
It is planned to send all Sellwood
Mount Scott and Hawthorne avenue
traffic across the Morrison bridge
transferrins at Grand avenn h u.,'
thorne, -In other words, all people using
these lines will take any Morrison
bridge car and transfer to their proper
In the event of this change all Ore
gon City and Casadero cars . will be
stopped at the end of the Madison bridge
on the east side, and passengers for
these runs win be transferred from the
Morrison bridge lines by s special trans
fr service from the end of the Morri
son bridge. , A double track Is now being
constructed on East Water street be
tween the end of -the Morrison bridge
and Hawthorne avenue for the use of
this transfer service.
scnuiurAx will
BE CLUB'S GUEST
Arrangements have been completed
for the entertainment of Jacob Gould
Kohurman, president or Cornell uni
versity, who will arrive in Portland
fifiiurday morning and who will leave
for rattle on the early Sunday morn
irg train. PriKident Hodson of the
'irnmcr-tal club -will entertain Mr,
rWiurmsn at luncheon Saturday, and in
the evening he will be given a dinner
st tee i;nlrrsltr clt,b. , At 1 o'clock
President Nrhurman will address the
menUx-i-H of the Commercial club in the
l'!.(',.iiM',t Srhnrmsn is widely known
a m"iar '!i administrator end is
' :vf tl'w most -'entertaining public
p.-. kMi sn j i ( country. He has been
.-ii it 1 .! cf jtVmell university for IS
w -h si n the rri'siilont of the first
1 i r t -m!i'-hii. l'i f Mil.'nt Sehur,
! i.f'e to tvtt, where
10
GOOD TEACHERS MUST
.'. - ' f - '
BE PAID GOOD SALARIES
Members of School Board ExplainWhy Advance Is Pro
posed in Pay Schedule and Why the Amount
Is Not Larger at This Time.
There will be a not fight at the an
nual taxpayers meting at 'the west side
high school next Monday night over the
proposal io raise trie salaries or the
public school teachers. Four members
of the school board are in favor of the
proposed increase of ..an average of
about 15 per cent, but chairman H. Wit
tenberg has announced his intention of
taking we noor and opposing the ad
vance as vigorously as he can. As the
schedule proposed is the result of a
compromise among the other members
of the board, all of whom have prom
ised to abide by it, the meeting promises
to be interesting perhaps exciting.
"a think the school teachers are get
ting nearly all theotare worth now."
slated Mr. " Wittentierg this morning.
"Salaries are regulated by supply and
demand, and we can get all the teach
ers we need for what we are paying
now. I am willing to allow a reason
able increase in salaries, but not what
the board has recommended. I don't
think it is necessary for me to say any
more than I have already said on the
subject I expressed myseu ruuy at
the meeting of "the board the other day,
and I have not changed by opinion Since,
I said then that! would take the floor
at the taxpayers meeting and oppose
the increase and I Intend to do so."
That air. Wittenberg, however, will
be in the small majority is evident
from the statement made , oy i. i.
Flelschner. another member of the
hoard, this moi-nina-. Mr. Fleischner ex
plained how the schedule recommended
was arrived m..
Twenty Tn Cant at Vlrst
"The matter was first referred to the
finance committee, consisting or jars,
Sitton and myself." he said, "and we
recommended a horizontal increase in
salaries of 20 per cent. But we found
that we had no support on the proposi
tion, so the matter was again taken
under advisement by Mrs. mtton, ti. u.
Campbell and myself, and we recom
mended a horiiontai increase or iu
Hat. J.-B. Beach, however, would not
agree to that and so we compromised
with him at tl2i. This was agreed to
bv all the board except Mr. Wittenberg,
so the board stands 4 to 1 on the prop
osition. . '
"1 Vnnvr there has been some dissat
isfaction among some of the teachers
over the raise recommended, but I think
they should b willing to stand by the
maioritv of the board,; who have done
all they could for them. Personally. I
think they should be given the 20 per
cent Increase they asked for, and would
ba willing to vote for that yet But
as we can't get that, we nust take
what we can get' Three quarters of a
loaf is a-good deal metter than no loaf
at all. I think the teachers are all
underpaid and ought to gei more xnan
thow now receive. Perhans in year
or two we may be able to give them
another raise, but this is the best we
can do now. 1 have explained the slt
iiotinn tn uvnil of them and I think
they are now fairly well satisfied that
we have done the best we could for
them and will be willing to stand by
US. -'.'.
After ooea xsacners.
a . i i. fh tnrrnae recommended
averatria about 15 Der cent. Some of
the teachers will get less than this and
soma more, but that is about the aver
age. Our principal object In raising
salaries is to be able , to get as good
teachers as other cities in the west We
huu. hun avtnv loKH than ; eDokane.
San Francisco. Seattle and Los Angeles
and other cities, and as a result, they
have been able to get tneir pica or ine
teachers and we have had to take what
was left ' . ,
"The statement that there are plenty
of teachers to be obtained for what we
have been paying is incorrect. We can
not get the best teachers if we pay less
than other cities do, and what we want
is the very best that can be got. We
want to give our children the best pos
sible education, and to do so we must
have good teachers. We can't get them
unless we pay good salaries, i
"We can't pay as much now as I wish
we could because the city Is growing so
rapidly, that we have to keep building
new schools, but perhaps we can do bet
ter after awhile. The increase we have
recommended will put us on an equal
ity with the other cities In this part
of the country, anyway, and make it
possible for us to get as good teachers
as they do. Instead of having to take
what they leave, as we have had to do
in the past. -
-une cniei aissausiacuon wun ine
POLICEMEN FALL INTO RIVER
WHILE ON
While being escorted from her scow
home at the foot of East Main street
to the patrol wagon last night. Annie
Collins fell from the narrow plank on
which she was walking and nearly
dragged the policeman, Tom Swennes,
into the river with her. Swennes hauled
the woman out, placed her on the scow
for Annie was much the worse for
liquor and tried to arrange . the planks
so that no one else would tall in. He
looked around Just In time to see An
nie tumbling bead first into the river
again.
This time the woman went into deep
water, so Swennes had to seize her by
the hair. Before she could be taken
to the patrol wagon she bad removed
all her clothing, and the officers were
In a quandary. Finally they covered
her.dp With what dry clothing they
could find and bundled her into the
jrehlcle.y .
TWO HEADED CALF
WORK FOR POLICE COURT
With a two-headed calf, stuffed and
mounted, in his arms, C. A. Bailey of
282 Crosby street started out last even
ing to sell the freak, fiefore long be
met Alfred Smith, who became interest
ed in helping Bailey sell his monstros
ity to advantage, and went with him
from place to place. Refreshments were
occasionally served. j
Nobody wanted to bur a dead two
headed calf, however, so Bailey, still ac
companied by Smith, went home When
Smith saw the stuffed calf put down on
the porch of Bailey's home he at once
seized it and made off.
Then began the second attempt to
sell the mounted calf with
two I
real
he Will address the Commercial club
next Tuesday. Front Seattle he will
rroeeed to Spokane, and there deliver
wo addresses, December SO and 11,' be
fore the Washington State Teachers'
association. i .
WIRELESS PLANS TO
COVER N0BT1IWEST
" (Special Ptspstch to The JournaU . ,
Spokane,- Wash..- Dec. 24. Wireless
stations - will be established In evrry
city of ever 10,000 inhabitants in the
Pacific northwest during the next year,
says 8. (i. CJreen. fiscal agent of the
1'nlted Wireless company. Green Is ne
gotiating for a wireless station in Spo
kane, The company already has sta
proposed - increase Is with the grade
teachers. - They think they should have
been given more than we have recom-
.n..l Hut 1 tfclnlr wa hHVA rtnn the
Walr thing. A teacher who has been In
the school only two or inree years
should not expect to get as mucn as one
whojias been teaching five or six years.
"Take the first, fourth, fifth and
sixth grade teachers, for instance. A
teacher who has been in the schools
two years is given a raise oi
year, which is 8.8 per cent more than
site gets now. unn woo i
th whniila fnr thrw vears ' trets S7S
more, 11. S per cent; . one who has
taught for four years gets an increase
01 41UV, or if. 2 per ceim, i fwi
1125, or 16.6; and a. teacher who has
h.n with ,ia (nr li vears arets SliiS
more a year, or an increase of 1M par
cent. ,
"So you see, they get promoted as
ih fv with mi. The teacher who
gets only 50 more this year will get
tne fYO increaww iuo iununm -j,
1100 the year after, and f!2 the sub
sequent year. - , .. .
"It is the same with the other grade
teachers. They get 160, I76loo sins
increase, according to the length of time
thev have taught. The percentage of
Increase runs from 9 per cent to 17.8
per cent''
, Wages Are Too iow.
"Now. with the high school teachers,
It la a. , littlM different. At Present s
high school teacher starts irt at, $800 a
year ior me iiroi iru
gets J950. and is gradually raised until
at hi sixth year he Is getting 11100.
But we have found that we can not get
good teachers at that prlc We can't
bring good Bign ecnooi teacner uui
from the east at onlv $900, because he
can get more back there. So we have
rMnmmnnded a raise of 1200 a year. Ac
cording to that the high school teacher
will start in at Iliuu, and oe raisea eacn
year until tne sixth year ne .gets fiavy.
That puts us on an equality with the
other cities of the west, and will en
able us to get as good high school
tnAftiAi a thev rio .
The heads of departments we nave
given $S0O . more, because we
wanted to set the very best
them in at $1200. But We have found
that wa can not set Rood men at that
flffura. Thev can tret as much or more
hack east ana will not come out ner
for $1200. So we have decided to start
them in at $1500. which is an increase
of 25 per cent. .
Raise for principals.
Principals now sret $2400 a year. We
flt that that was entirely too little,
and we have recommended that they be
?;iven $300 a year more, or $2700. That
s only 12.5 per cent increase.
"Then there are a few special teachers
In , lift At,r,stl tt Iroin. at f whfl fire
given increases of" $200 a year, and the
supervisors are .raisea iou.
'Taking it altogether, the average in
crease Is nearly 15 per cent 14.9 per
cent, to be exact, and I think the
schedule we have prepared is as fair
as nossibie. Of course. I wanted to give
the grade teachers a horizontal raise of
16U, nut since we couia not ao mar,
I think they ought to be willing to
stand by us in what we have done
for them.
The proposed schedule will give the
grade teachers a total increase of $51,
920; high school teachers, $13,900;
school of trades, $1100, manual training
teachers,' $1160; supervisors, $1900; prin
cipals of elementary schools. 1800. and
principals of high schools. $600. making
a total annual increase of $78,470, or a
total monthly increase of $7847, or 14.9
per cent The proposed monthly pay
roll will be $60,362.
Mr. Fleischner states that no account
was taken of percentages in making out
the new schedule. The percentages of
increase were figured out afterward
merely for the convenience and guid
ance of the members of the school board.
Hon After Awhile. 4
Mrs. L. W. Sitton says that the
teachers who have contended that the
largest percentage of increase goes to
those who are already getting the big
gest salaries Is a mistake. It is the
grade teachers who really get the most
proportionately.
"I wish," said Mrs. Sitton this room
ing, "that we could give them all the
horizontal 20 per cent increase, but I
am afraid that is impossible Just now.
I believe the schedule we have arranged
is the best that could be arranged at
this time. Of course, I am heartily in
favor of giving the teachers the raise
recommended. I was a member of the
committee that prepared the schedule.
SCOWTOWN RAID
In the meanwhile Officer Robinson",
while leading out Hubert McDonald,
had also fallen overboard, but went in
only to his waist. At last the whole
party, th$ Collins woman who owns
the scow; . McDonald, Rosle McDonald,
and E. J. Garrison were taken to the
police station.
The police say Garrison was being
robbed In the scow. He was badlv cut.
and the Interior of the floating dwell
ing was ; besmeared with blood. The
members of the party were fined $20
each today.
Scowtown at the foot of East Main
street and vicinity has given the pol
licenien much trouble lately. The noise
from the Collins' woman's scow Just
before midnight attracted the attention
of both Swennes and Robinson, but
usually the isolated position of the
scows leaves the occupants free to
hold revels as long and as loud as they
pienae.
CAUSES
tlAAilfl. Tn JL mtklftnn rtn TTntnn a,AiA
Smith, who had almost despaired of
finding a purchaser, showed the freak
to O. L. Lehman, who has a meat mar
ket at Union avenue and East Pine
streets. jjfnmaa was naturally Inter
ested, and as Smith said it was his prop
erty he finally bought the animal for $5,
Knowin it would attract ttninn
Lehman was setting tip the defunct
calf in front of his shop this morning
when a policeman appeared and told him
it had been stolen. Smith was arrested
at 4 o'clock on North Third street by
Sergeant Kienlln. Lehman appeared to
day against Smith, as did Bailey, and
Diuiiii was aeuiencea to an aays' lmprlS
onment
tions at Sacramento, ! Pasadena, Santa
Barbara, Vancouver. . Bellingham and
Tacoma .
WRECKED 'SCHOONER
ISBR0UGIITIN
, - , , ,, , , ,
(Special DUpsteh to The Journal.)
Marshfield, Or.,' Dec 24.--The two
masted schooner Ban Buena Ventura, In
a wrecked condition, was brought Into
Coos Bay today by the tug Columbia,
She is badly damaged. ; In answer to
news received here the Columbia went
out and found the schooner about lght
miles off Cape Blanco. All the mem
bers of the crew aro aboard. She) will
be brought to North Bend. . .
ll TELLS
STORY OF CD
(Continued from Page One.
this was too harsh. Honestly speaking,
I think I was perhaps deserving a repri
mand, and - If I bad continued in my
habits I might have deserved a severer
sentence. But since July I had. been
attending strictly to business, and
thought that the-' Judgment was too
much." '- t ' ', . .'
AH through his story Finch carried
the same idea of persecution. Ho was
crying out to be let alone and given a
chance to work out his destiny, but
Fisher would not let him. and pursued
him with vindictive persistence. This
is the story that -he would have the
jury Deneve tnat lie waa a suppliant
for mercv. matter the relentless tros
ecutor, faithless to. what bo had prom'
lsea. : . . - -
Once during his story Finch declared
that tie still had hopes that the punish
ment mulcted oy tne supreme court
might be lessened, and that he might
return to the practice of law. He said
he had held out hopes to his wife that
tne nenattv wouia do lessened, aaainc.
"and I still hava that hone."
Keierring to a letter irorn the com
missioner or pensions to f inch rearard
Ins: the use bv him of C 11. Plarsrott's
seal in executing a pension voucher, he
said he had shown It to Fisher and that
the .atter ''aoneared to be obtuse.'
This is the letter which Finch's attor
neys have referred to as "vindicating'
him, but in which he was advised by
the pension denartment that his act
was illegal; thai he should read up on
the law, but that be would, not be pros
ecuted ior nis act as matters , then
stood.
. Checks Were Dishonored.
Finch admitted that he "became tan
gled" as to the status of bis bank ao
count, and this was the reason he did
not have sufficient funds to meet
checks that he gave, one of the Bar
association a complaints being based on
these dishonored checks. He said that
he thought some money bad been de
posited to bis account when lie uttered
the checks, and ho made them good as
soon as ne learned they bad been re
fused,.."..- ' !'' .- .' '-'
Finch told tn detail of the case tried
last February in which he was accused
of drunkenness and other misconduct
before Judge Gantenbeln, About.Febru
ary 10, he said, he received a telephone
message rrom t isner, wnom ne aa
known only from the nreceding Decem
ber, one year ago,- in which Fisher ac
cused Attorney fiolcomb ana nimserx or
holding out $2000 worth of Jewelry that
had been stolen aa a fee for defending
two men then on trial. This was the
transaction in which Attorney S. S.
Humphrey- made complaint to have
Finch and Holcomb disbarred, the name
Of Holcomb beinr later erased and the
caarge against incn oiemissea.
Kisner said to ma then that If I did
not srive ud the lewelrv or nrotect Mr.
Humphrey la this matter he would bring
said Finch, i i told him I knew nothing
about trie Jewelry, Fisher himself
brought this complaint to my office.
Later he made a proposition, to my part
ner to dron the nrnrmfiinu-M If T wmilri
give up the Jewelry, at the same time
threatening: that if T refused he would
try to disbar me on the ground of drunk-
Threatened by Pmkertons.
Finch also told nf threats .a I in
have been made by Plnkertons working
on the case. The next conversation lie
mentioned with Fisher was an accusa
tion oy uisner tnat he was trying to
"rob" the Flanders estate. In which he
was an attorney. Then came a conver
sation in jwarcn or April over the pen
sion voucher, when Fisher was r'ob
tuse. He said Fisher then told him.
you had better resign from the bar.'1
His next enooitntpr with Flshr h
witness said. was. on November or 5,
over the telephone, when Fisher pro
posed that he dead aruiltv to the
charges of misconduct but this propo
sition was made-to fctr attorneys;
- "Fisher Said that If I would nlAnd
fullty.he would have the sentence re
ucedto reprimand or . suspension,?
said, Finch, raising his voice, "Fisher
ratified this over trie nhone. I advised
against It, but my attorneys thought it
the best way., So I told Fisher I was
expecting to be married soon, that I
wouia cui out drink, and only wanted
tb .be let 'alone. Solely under the rep
resentationsNif Ralph B. Fisher that he
would sign a petition for reinstatement,
I consented to a plea of guilty.
'The report of the nlea. In the dis
barment proceedings; waa to he ViaIi tn
the hands of C M. Idleman, the referee,
until x couia get tne petition signed ror
presentation to the supreme court at the
same time as the plea. Fisher said he
would head it, and said he would see
the circuit Judges, the county Judge and
others and get them to sign it.
Shocked By Disbarment
"On November 17 I was married. I
went to Corvallia to attend to a case
in court on Monday preceding the No
vember 28, and I read in The Journal of
my disbarment in large type on the
last page of the paper, as I sat In a
hotel at Corvallia. I was shocked when.
read it. I could not sleeo. and I
caught an early train for - Portland, ar
riving Yveanesaay. w ood mi rn on
the way down B. A. Rounds, who nas
testified hers, took a seat beside me in
the smoker. and we talked about real
estate, I said nothing whatever to him
about nrv disbarment. I was sick at
heart, and wanted to say nothing about
tnat. i ten as u i were tne victim or
a trap."
Fincn tnen went over ms movements
on the days following. On Wednesday
he talked with Piggott about getting
out the reinstatement petition, and that
night a home his wife and W. C Pig-
got, nephew or tne attorney, toia aDOUt
a man trying to break into the house
while he was away, advising him to buy
a Sllll.'.:jA'.''-;.'.! '.f ';'' ,
Thursday ne had a conversation with
Attorney Frank S. Grant, in which he
was advised to go ahead with his peti
tion. That night he made merry at a
Thanksgiving dinner at his home, but
slept little that night or the night be
fore. Friday, he said, he was irr-hls office
the most of the dav. working: on a brief.
Piggott went to Idleman's office to pred
pare nis petition, Drougnt it to tne ci
lice In blank and announced that he
would at once call on Fisher with It,
so the prosecutor might head the list of
signatures.
Drinks With IV Policeman.
Saturday morning he went to his of
fice about 9 o'clock, asked Piggott what
luck be had with Fisher, and saw there
were no signatures on the petition. He
was not Dermltted to tell what Pis-srott
told him. About 11 a'clnelr be want toJ
Dubb'a cafe and bad a drink of brandy
and pepsin, wun a patrolman on tne
Sellwood . beat Went back to bis of
fice and called up Grant to ask him to
use his influence with Flsber to get the
latter to sign the - petition. Grant said
he thought it no use, but would try.
He at once called Fisher on the tele
phone, several persons- being in the
room. He asked Fisher to sign the pe-
t'lion, ana isner saia in reply mat in
his then state of mind he did not be
lieve he could sign it. The witness
said he then pleaded,
; "Ralph, : you know you promised to
sign it oerore it was circulated.
"Then Fisher said, 'Well, you better
not circulate It I went over my case
with him, reciting my marriage and my
desire to live peaceably and earn a
living. Fisher s ' answers were short
and brusque, but finally I seemed to
make some impression. He called me
'Jim' and said he would be in his office
until 2 o'clock, and would let me know
oetore tnai time. ,
Talis of Buying Revolver.
"It was not clear in my mind then
whether I should go to his office or
not,- but about 12:30 I went to the Mer
chants National bank and cashed a
check for, $15 and 'went down to the
store of the Hudson Arms ; company,
where I bought a revolver.. The clerk
loaded it at my direction ,and I bought
a box of cartridges, . This was because
I rnmembered what my wife and , W.
C Piggott bad said about setting a re
volver. ' '' ' 'f"' . ''.' '" . S
"After leaving the got store I saw
John Cordano In front of-Arata's. and
Cordano- introduced me'to'j one of - the
Aratas. we went . itiNtde and had a
drink or two and a cigar. Shortly after
that an Italian came along and I bought
Mirvo :viiicKns irom mm, to te dellv
ereu at noma tne lotiowtng Tuesday.
"Leaving there. I met Churl i
on Third street between AMr mit Unr.
rison. I had a suit pending against him
u m iicjLt iriuna or JUlia U Uonnell.
w wen to nometscn i saloon ' and
had a drink of brand v nri a ..in.
talked of nothinar hut hin. urn, i,
and be testified falsely when he said
that I told him the next time he saw
me I would bo in tall" . ...... '
. incn closed bis morning story by
Hirsch. who works fur nii0i n .
. m. that day, and another date for
man who bad been fined by the police
commissioners and for whom be was
?" "2ey Returning to his
.i u "-siiiu, someone told him that
Usher had called on the telephone and
stated that he "wanted to see Finch."
?? he. "if-rted for Fisher's' office, and
thought he met a young man named
Floyd Matthews on the way
Here, at the verge of the story of
n ins Aionawk Dutln
f,narV,from ,whloft the witness was evl
SSnf fr.f 'srhting shy, court adjourned
M' . rat UUUJI
Tells Story of Kii xjf.
" Giving the storv nf hi KfA em v.
said he was born in I wm inn .mi
came to Ureeon in Aiiiimt. isrs nrtima-
-w.anv.K.., ii vui cum wooo ana
jnaae Picket and wire fences, working
for a Mr. Howe on . a farm. Later he
worked In the hon vnrrl nn.l drnvn
stage from Grants to Rutledge. In the
about this time ' began reading the
codes. He entered the offlee of Wallace
nan1h.toJ'tuJy law,i tut th spring of
1X85 took hold of the defunct newspaper
plant of the Oregon Populist At the
behest Of Dr. J. I,. Irtll philrman nf
tne i-eopie s party, be began publication
of the Oregon Silver Imprint taking an
?!.v ?art ,n th campaign of lS5and
189b, the ticket he . supported being
Birtnu ui jluiq county.
The witness referred to activity at
the holdup - session of ISflT. the unit
year selling his newspaper plant to
Johnson S. Smith. For a few months
he ran another paper, then studied law
In the Office of D. R. Blackburn. 1atr
changing to office of J. D. Duncan.
Then he entered, the employment of the
Albany Herald, continuing with It for
six years. In the legislative session of
190S he was printing: expert of the house
an d-T senate Joint committee and. calen
dar cierg or tne bouse in 1905.
"Thomas B. Kay of Salem waa a can
didate for speaker that year," said the
witness, -we is a brother-in-law of
DnlnV, O ' T.' 1 I. H.l . . ft.,.
... a- .Que?,., , uu mci ma uutur
tunate death en Saturday, November 28.
I seemed to have received the blunt of
blame from Kay for his defeat, for he
has scarcely spoken to me since, al
though very friendly before." t
In April, 1906, he said, he came to
Portland and formed a law partnership
with C H. Piggott
JAIL COMPANIONS'
TAKE STAND IN ;
FINCirS BEHALF
Attempting to prove that Finch bad
bump on bis bead when he was
taken to Jail after being arrested on
the afternoon of November 28, the de
fense yesterday afternoon put a pro
cession of Jailbirds on the stand to tes
tify to this swelling:. Some of them
also testified to a damaged hat, which
mncn naa snown mem, a creak In the
hat corresponding to the wound on hla
head, they declared.
All of this was to support the claim
of Finch that he was assaulted by
Ralph B. Fisher With a notary's seal
and dazed by a blow on the right side
of his head before he fired the fatal
shots. Two of the prisoners also tes
tified to a large bruise on Finch's lear
when he was stripped for a bath. One
was positive this bruise was on his
rtgut leg and the other was positive it
was on the left:
Most amusing of all this testimony
from the Jail was that of W. B. Glenn.
cellmate of Finch, who produced a dia
gram or Finch s bat He said he made
day following the shoting. Be drew
tt of his own volition he said, remark
ing to ancn tnat it would oe a good
idea to have It to Identify the hat
Asked what he wanted to identify the
hat for, Glenn said that if the hat were
tost be would be able to identify it.
On his diagram he had carefully
marked the color, numbers in the band,
and other distinctive marks.
Deputy District Attorney Fitsgeraid
made a critical cross-examination of
this witness, developing the fact that
W. W. Holcomb, one of the attorneys
for Finch, is also his attorney. The
questions of the prosecutor In exam
ining Glenn and other Jail witnesses In
dicated that he will attempt to show
that the prison associates of Finch have
handed together to help him by testi
mony as to what he told them and the
swelling said to have been on his head.
The state is expected to come In strong
on rebuttal to discredit this testimony.
Yesterday afternoon and last night
the testimony was tediously drawn out
by the attorneys for the defense, who
riant much time In conference with
each other and submitted a large num
ber of documents bearing oa the dis
barment proceedings. Some of these
were admitted, in evidence without ob
jection by the state, but the majority
were rejected by the court as Incom
petent to prove any Issue in the case.
Attorney Lord was kept busy at times
entering his formal, exceptions on the
r
record, so that bis points may be saved
for an appeal on technicalities if Finch
Is convicted.
" Some time was consumed by the de
fenae in arettinar under way at the aft
ernoon session. After much-conferring
Attorney Lord made a formal motion
for an instruction for acquittal, which
was promptly overruled. C. J. Quin
tan, clerk of the Justice cpurt, was the
first witness called, and read the rec
ord of the court relating to his arrest
for murder. Then the defense filed a
demurrer to the Indictment on- two
technical grounds, which , was over
ruled after brief argument .
County Clerk , Field was called to
Identify the transcript filed in- his of
fice from the Justice court The de
fense said that this was wanted to eon
trarllct testimony of Miss Verna Burk
hart by testimony given at the prelim
inary hearing. Judge Bronaugh held
that the testimony at the preliminary
could only , be secured by calling the
official reporter.
C M. Kissinger, describing himself
a an attorney and resident of KuKene.
said be had known Finch by sight for
many years. About 1:30 o'clock on the
afternoon of November 28, he said, he
stood with B. J. Watts on Morrison
street, opposite the window of Fisher's
office." "He had been there sines 11 a.
m. watching for Attorney John Ditoh
burn, with whom he had business to
trxncaM Tie maw Finch crossing the
street, and remarked to Wattsi "There
goes Finch, the man , Mr, Fisher . up
there disbarred." He and Watts then
talked about different lawyers and the
disbarment proceedings. , - - , .
When did you see mm i. ,
Lord. ..... .
Not until toaay," was mo mjnr.
which was evidently disappointing to
the defense, and this was empnasueu
by the answer to tne next qutiun; ,
...... . . . . . t . A a V
' uia you see mm kmh ia,v
Tii on tli a witness said that about the
time he saw Finch cross the street a
man appeared at tne winuow r
nSrl. fnr a mnmAnt. then uls&D
peered, as though a man had backed
up to the window. He could not recog
nize the man, nor say vn'mer n w
Finch or Fisher. He was not sure, but
thought he saw the man's form after
he heard a noise like pistol shots. He
rn,ii, aA nnlv the man's head and
shoulders. Thought he was wearing a
hat but could not ten tne position no
tvofl in .
Oa cross-examination Kissinger de
nied that he had a conversation with
Lark Bilyeu, an attorney of Eugene, In
fhtnh ha atatut that he saw the man's
tnrm thrniio-h the window after the
shots were fired, Instead of before.
Thnmna ("1 Greene, chairman Of the
grievance committee of the State Bar
association, was caiiea to iiw nu
with papers which proved to be the rec
ord of the Finch disbarment proceed-ina-s
. rirMiM was eskd only a few
questions, as he stated that Frank 8.
Grant was "more familiar with the pa-
Horace l. JCucivinieT, tim iiuiru wiu
thief, was the first of a long chain of
prisoners from the county Jail that
lasted all afternoon, and was continued
at the night session. These witnesses
all testified on the same line, that they
hd observed a lump or swelling on
TPinoh'S head. Some of them saw this
mark four hours or so after Finch was
brought to the jail, omers aid not see
it until the next day. .
McKinley said be saw a lump the
"atz nf two-bit niece" on Finch's head.
observing it Sunday, the day after the
shooting. Finch twice asked for a doc
tor, but the county physician could not
be found. There .was no abrasion or
discoloration of the flesh.
W. E. Douglass, recently ; tried ior
embezzlement, noticed Finch putting his
hand to his forehead as If In pain,
about four hours after his Incarcera
tion; saw a swelling three-fourths of an
Inch high. Saturday afternoon Finch
talked about being a disbarred attor
ney and cursed the newspapermen. This
seemed aboMt all he would talk about
but on Monday he began to talk about
scuffle.' ,',-."' '!";. . -..;."',." ""-(..
Dr. a. B. Whitney said when kanga
roo court was held fust after Finch was
brought In the prisoner seemed to take
no interest In what was going on. After
supper he became calm, and later Finch
showed him a swelling en the head and
a cue in bis hat The witness admitted
that he saw Finch bump his head when
Yi antarAri hla cSH.
Ed Johnsonranother'bf Sheriff Ste
vens' boarders," as the defense Insisted
on referring to prisoners in the jail,
did not notice Finch's damaered coun
tenance until Sunday morning, when he
was playing a game m cards witn tne
defendant Finch had. also shown htrn
the hat later on, .-:, ? . ;
Edward H. Martin, convicted of man
slaughter for the killing of Nathan
Wolff, saw on Finch's head a small
contusion, "morel In the nature of a
wart, tapering to a point" soon after
Finch was brought In. He said he was
Judge of the kangaroo court that tried
Fisher's slayer, assessed a fine against
him, and ordered a bath. He bad also
placed a private mark in Finch's hat
so he might identify it. He said that
Finch told two different"" stories sbout
the shooting, or added to .his original
story from time to time.
At the night session the witnesses,
besides Glenn, were W. B. Price, a
federal prisoner in the Jail, who saw a
big reddish spot on the Inside of Finch's
right knee when the prisoner took his
first bath in Jail, a liquor dealer named
Snyder, and Frank S. Grant the latter
being called to identify documents that
the defense wished to place in evidence
regarding the disbarment proceedings.
Snyder was called to tell about two
checks that Finch gave that were dis
honored at the bank and - afterward
made good by the defendant when he
' "
wish their friends and patrons
A Merry Christmas
This store will be closed alt day
tomorrow, Christmas, and our
immense force of employes will
be more than glad of the rest,
. after the tremendous holiday
' business our friends have so gen
erously accorded us. We sincere
ly thank the Portland shopping
public for their liberal patronage
and for their courtesy in carrying
small parcels and helping us
through the rush so well
JETJ
Oil BLACK LIST
Justices Resent Slurs Cast
on Their Court by -the
' State Officials.
: Justices Bell and Olson this morning
notified the district attorney's offices
that their court will issue no mors
warrants on complaints from the two
deputy gams' wardens, J,-L. Green and
H. N. Shears, who yesterday ; were ar
rested for contempt of court for speak-
ing of the tribunal in question as a
"kangaroo court."
As the district attorney's '. office; 1a
already more or less at "outs" with the
municipal court, either the differences
existinar between Judge Van Zante and
Clerk Mllner and District Attorney
Cameron must be-patched ' up or the
fame wardens' complaints will be taken
o the already crowded departments of
the circuit court.
The contempt : proceedings ' against
Green and Shears will be dropped. It Is
understood, although, both were ar
rested by Deputy Constable Klernan on
the order of the iustioes.
Shears was the first offender. He
visited the office of Clerk Qulnlan to
ask that the papers filed in the case
against A. and A. Friedman, charged
with violating the state game law in
having wild ducks In their possession
for sale, be withdrawn as he wished to
begin new proceedings In another court.
He expressed the opinion that "this is a
kangaroo court,- anyhow." Justioe Ol
son, as - told in yesterday's Journal,
heard the remark of the deputy; and
ordered Klernan to arrest Shears at
Once. jw' .s ". .' .-.' ...
Green, who Is considered the ranking
warden in this vicinity, the headquarters
of the state warden being at Forest
Grove, soon afterward visited the jus
tice court and found Shears In the -constable's
custody. He said that Shears
hnd dona right and that he agreed with
him In what he said of the court
Green's arrest followed.
; The trouble grew out of the fact that
a Jury composed ef business men re
turned a verdict of not guilty against
E. Richards, employed by the Frled
mans, although a plea of guilty had
at first been made.
The plea was changed as Justice Belt
was pronouncing, sentence. - No case
would have been brought against the
Friedman brothers had Richards' plea
of. guilty not been suddenly changed, It
Is understood.
6ETS PRESENT
HM Gives North Bank Line
200 New Boxcars for
Christmas.
When the North Bank road, the
youngest child In the Pacific coast rail
road family, opens Us Christmas stock
ing tomorrow morning It wfll find 200
new an C shiny red boxcars as a pres
ent frotti its parents, the Great North
ern and the Northern Pacific- It will
be the signal from the parent roads
that the North Bank Is expected to ret
out and hustle some local f relent busi
ness on Its own hook, with the 00 new
cars as an aid In the work.
With comparatively few cars of its
awn the North Bank has been getting
along with freight cars borrowed from
its parents ever since it first went into
operation. The Christmas season and
the New Tear was agreed upon by the
officials of the Great Northern and
Northern Pacific as being a fitting time
to make the Spokane, Portland & Seat
tle stand upon its own legs. Hence, the
present of 200, new 40-ton boxcars. The
cars are to bear the letters "S. P. & 8."
and are for the local freight traffic on
the line between Portland and Pasco.
All through freight, as formerly, will
be sent either In Great Northern or
Northern Pacific ears, those lines hav
ing the longer part of the haul. The
delivery of the Christmas presents will
begin about January 1.
Christmas cards, New Tear cards, art
calendars, exclusive lines Imported and
domestic The postal shop, 12 Fifth
street, near Washington.
was called on for funds to meet them.
Attorney Lord said he wanted to show
animus on the part of Fisher In fol-
lowing up this cheek transaction, but
the court would not permit the evi
dence to go In, it was nearly 10
o'clock when court adjourned.
s
WDIIS
BABY
RAILkOA
S