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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Dec. 18, 1910)
THE OREGON SUNDAY, JOURNAL; PORTLAND, SUNDAY T.IORNTNG, DECEMBER 18. 1010. :J CASEJURY : J tl UP I'll B1S0HE ! .-.Mentions Point to . Another Disagreement Among Men Deciding on Fate of Woman Charged With Murder. . Rptlrtnjr for deliberation at- 6:20 o'clock yesterday afternoon,' the Jury In the caw of Mrs. Carrie Kersh remains locked up in the , dingy 4. room on the top floor of the courthouse. At mid night the indications were that the sec ond trial may result as did the' first, in a disagreement of the Jurors as to whether Mrs. Kersh conspired with Jnssa P. Wabtt to kill W. A. Johnson at the New Grand , Central hotel on June 20. ,. No word rame from the Jury, no ad ditional Instructions bcJngf asked iron Judge Morrow and , no communifcatlon bearing upon the standing of the Jur-; ors coming from them. It a verdict should be. reached today, it will be re ceived and the Jury discharged. If the jury continues to disagree, It must be held together over Sunday and cannot; be discharged before tomorrow morning at the earliest ' . . . ' . The blood stained trtink In which Johnson's body was sent to the depot by Vebb is a companion of the Jury la Its Jonsf watch. It forms an exhibit In the rase. The Jurors said they wanted It, and Clerk A. L." -Buchtel, assisted by a bailiff, carried it up the narrow stair wav from the courtroom below last Mfrht. While Carrie Kersh was being carried from the courtroom , yesterday after noon in the arms of Deputy Sheriff Sweeney and Jail Matron Cameron, the Jury .which-will decide whether she shall live or die was being escorted to its room to deliberate upon its verdict. It was a dramatic ending to the Ben end trial -cf the woman charged witl murder in the' first degree as a con spirator with Jesse P. -Webb in killing "William- A.. Johnson, with wham she was traveling as wife when he was slain by Webb at the' New Grand Central hotel on the -afternoon bf June 20. During the argument of. her attorneys ! in the afternoon Mrs. Kersh wept much of the time, and when Deputy District Attor ney Fitzgerald made his scathing sum ming up for the state she collapsed, loaning back from her ' chair upon the shoulder of the matron and closing her fjas most of the time. " ' Crowd Zs Cations. . Thus she sat. for nearly an hour wiille Judge Morrow Was delivering his charge to the jury, with a curious crowd packing the courtroom and peering over and around each other for a glimpse of the white faced woman whose fate the jury was 'soon to decide.; When Judge Morrow finished at. 5:18 p. m he ordered a passageway cleared while the deputy sheriff, and ' the matron carried ; their prostrate charge 1 from the courtroom and down the stairway; to the county jail. : As soon as he had been carried from sight the firry was conducted to its room In the third story of the court house,- v ':'- .v. - : ;- '-' Four verdicts : might ' be 'returned. - Judge Morrow instructed the Jury, being murder in the first degree.' second de proe, manslaughter or acquittal. But to find her guilty of second degree or manslaughter, the jury must find that slie was present when Johnson ' was killed. Either- of these verdicts, it- is generally considered,, are Illogical, and are only possible as a result of dead lock and .compromise between those who believe Alls, Kersh should hang and IIioho who .think she should go free. Conspiracy as Defined. Interest in the court's Instructions centered principally in Judge Morrow's (lei'initlon of conspiracy, under which tiic prosecution had hoped to declare Mrs. Kersh, equally guilty with Jesse P. Webb, who is already under sentence of death.- -.y,-j'-. t. . . ' ,"As a shadow follow the , sun, ' bo locs the - liability- of each conspirator follow the action of every, other con spirator," said the' instructions. ''What ever Is done by one is done by the oth er, although they may be widely ep craled and play different parts entire ly, provided til way s, ; remember, that there was a conspiracy. "If you find there was a conspiracy, you will have to determine Webb's guilt Whatever Webb is guilty of, if ou find he is guilty of anything, done in pursuance of the conspiracy, she is Ruilty of. . The two conspirators must ttand or fall together, once the conspir acy is established, if the act done was within the scope of the plan. -! -; ' ?Of course. If you find there was no agreement between I them - to do any thing, that ends the case, so far as this ccfendant us concerned, unless you find she personally assisted in killing John fcon. If she took part in it, was actual ly there, of course she may be guilty of any one of -the three degrees of the crime, murder in the first degree, mur der in the second 'degree, or- man slaughter. t , - ". - "But, I am not talking about the case of conspiracy, and as I say, you will have to find what Webb's guilt was be fore you can determine what her guilt was, if you find there was a conspira cy; an4 Will have to determine what was done under It. Them whatever one party did, the other party did. They must stand or fall together under the conspiracy." , - - , 'Webb's . Position aa dement ' Judge Morrow ; pointed out that the jury must also pass upon the guilt of Webb and the truth or falsity of the (Hory he tells tiro t he beat Johnson to death in self defense in the course of a jealous quarrel. If this be true, said the court, and. the Jury believes the killing was the result of a sudden heat of natsslon. Webb was riitltv nf man. tlaughter and Mrs. Kersh is not guilty at all. or If the killing was done in clf -defense, Mrs. Kersh JSr guiltless Whiln Webb has alreadv been tried n,l bentrnccd to die on . the scaffold, any c f the Jury entertaining a, reasonable doubt of hie guilt could give this as a reason for acquitting Mrs. Kersh. The final argument of Deputy District Attorney Fitzgerald yesterday afternoon I t Id the close attention of the big crowd cf spectators and was a forceful pres- wntation "of the evidence. tiee hv nw nffn which the state built up Its theory !' :inplracy He traced the meretrlc Im.s relations of Webb and Mrs. Kersh iii: J liicir continuing Intlmarv In Snn. Kiw up to the day Mrs. Kersh was to have witn Johnson, to whom she was aliiaiued. . Jler living with Webb to within a dav or two of denartnre. hnr her lodging house, the ; taking of her ..i',-S;iao and Webb's from the ' same !"!. ly the same exbressmun and thl insinuate leavtnr for Portland on the ' trein in company with Johnson v.. re ! jiouited to as showing that Mrs Kersh. though ' leaving with Johnson, had not given up Webb ; ntJgerald's Points. Fitzgerald said it was necessary to leave Spokane in order to Induce John son to draw his 11809 deposit from the bank. In that way they could gain pos session of the money and then dispose of their victim. He pointed out that Webb registered under - an assumed name at ,, the hotel on arrival in Port land, and can give no reason why he did It. The prosecutor said Webb- did this because he was then planning the mur der, so if he , were traced the police would be searching for A. C. Powers of Nome, instead 'of Jesse P. Webb of Spokane. :.- - . The speaker said Mrs. Kersh knew of all these things.. She was tha lure for Johnson, he contended, lending her aid to Webb to put Johnson out of the world and leave " them free to enjoy the 11800. How they meant to enjoy themselves, he said, was shown by the joy ride they took on the night of June 20, as soon as Johnson's body had been takenln a trunk to the depot by Webb and they thought there was no danger of immediate pursuit ', . :, . Foot by foot the prosecutor went over the ground, while the white-faced fig ure of the woman whose guilt he pro claimed lay-back upon the. shoulder ot the Jail natron, the only woman near her. Now and then Mrs. Kersh opened her eyes and sipped from a glass of wa ter that had been brought for her, , Jurors Art Solemn. The' long trial ended with the Judge's Instructions, Clerk A. I Buchtel ad ministered the oath , to the" two bailiffs who were to guard the jury in ita vigil, A. B. Stuart and M. J. Morse. Sol emnly and slowly the Jurors filed out, while the eager crowd looked on, its throbbing interest and curiosity still un- appeased. .-.'.- Judge Morrow; ordered all exhibits In the case taken to the Jury room. In cluding the 11800 in currency for the greed of which it charged Mrs. Kersh and Webb conspired to murder. ' He warned the Jury it would be responsible for all the exhibits, the money included. The trunk In which Johnson's body was sent to the depot by Webb la at the disposal of the Jury as an exhibit, but it has not been called for. The (second trial of Mrs. Kersh lasted nine days, including three night ses sions, in the first trial, last October, the Jury disagreed, eight Jurors voting for conviction and four for acquittal. In the last trial four additional wit nesses for the atate were called and Deputy District Attorney . Fitzgerald considered his cae materially etrength- 'ened. , . Hew 'Witnesses' Stories. The new witnesses were. Mrs. John Gamble, . Elizabeth Sprague, Fred J. Klrschner and Dr. Fessler. Mrs. Gam ble, wife of the proprietor of the New Grand Central, told of seeing' JuTs. Kersh counting a roll of bills in the dining room between 2 and 3 o'clock on the afternoon of the murder and said Webb was there, conferring, with her. Mrs. Sprague, a ' Spokane : lodging nouse Keeper, iota or tne rental ot rooms at her , place by Webb and Mrs. Kersh on J,une 8, registering as Mr. and Mrs. J. P. Webb. She also told of a note left by Mrs. Kersh for Webb when she vacated the rooms, about 10 days later. Klrschner,, a waiter at the Quelle, told of waiting on Webb and Mrs. Kersh the evening of the day Johnson was killed. and of Webb exbibitlns a roll of bills when he became impatient over the failure of the witness to bring some water they had ordered. , Dr. Fessler testified to dressing Webb' hand, Webb telling . him it had been hurt by a trunk no iaumg on it, , , . At an elevation of ten feet above the sea the apparent . horizon -is slightly more than ten miles" away, " " Mew Cote -fianos OUR REGULAR PRICE Ami OppoipGiuiinifl AT A GREAT SAVING OVER ' PRICES OF REGU : LAR PIANO DEALERS 1 . " , V... .V. :,',';,.X- ',-'.- SOLD ON EASY PAYMENTS OF S100 Down and 50cTWcl FORTUi!ES,ESCAPE MlEiffl POVERTY. I IIS TILE Yarn That Would Make Yel low Backed Novel Turn Green With Spiteful v Envy Told by Portland Visitor. Eight months in a Siberian prison, es cape by 11 guards, at one time having In his possession gold to the amount of Jl.000,000, today "broke" end looktng for a Job, are four points in the life of WU7 llam Diamond, address everywhere. Diamond Is 42. years old, and Is a soldier of fortune. He might be termed ! a rainbow chaser, Rnd this characteriza-1 tlon mere nearly fits the man than pos-: slbly any other f that could be rglven. ! He is modest about his adventures, and ; it is only when the words 'gold," and "prospecting are mentioned that be will Uu,::s- v;:. :-...:;':..,,"; 5 The' career of Diamond began in Chi cago. At the age of 12 years he was left an orphan. He began . to wander around the country. . It was not long un til he found himself in Europe. Later he awoke in Africa, One day he stopped in Australia, and so wandered around until he finally found himself tq Alaska. The gold fever seized 1.1m and he began to work. A fortune was made and lost. Another was made and lost. The story of how this was done is too long to tell, he says. Big' Vast Bold Fortune. Reports of vast ledges of gold in far northeastern Siberia reached him, i and with his trusted partner, Charles Kelly, he bought a ship and sailed across the Behrlng strait With six laborers, Dia mond . and Kelly began ' digging, gold. They- had never found such treasures. It was easy. Within four months the eight men had approximately 12,000,000 worth of gold, and were preparing to sail back to St. Michaels, Alaska, and dispose of their diggings. Diamond says. One evening they were surrounded by Russian Cossacks and placed In chains. Six of the prisoners escaped, leaving only Diamond, and Kelly. The two men were taken to what is known as the Cairo prison. This is about 300 miles in the interior; of Siberia. ;; The 'labors at this place were , hard and tedious. The reason of their incarceration was on account of their gold digging,' It be ing an unwritten law tnat no foreigner could die gold, and there was no trial or court to which they could appeal, says Diamond. '- ;t ;' , ':' ' . For eight months Diamond and Kelly trudged and worked. Not a moment es caped them but what they were hatch ing for a chance to get-; away. One evening after being taken from the din ner, table the prisoners were marching back to work. ' Diamond and Kelly were at the head of two columns of men. Diamond isaw what .he thought was 'A chance." A small 'Stone lay ahead of him a few i feet, and when he reached this he picked it up and hurled It at the nearest uardV HIs aim was good.: for 1 Cote Pianos are sold by tome dealers for $275 and as high & $282.50, which are supposed to be wholesale factory , prices. v We do not represent these COTE PIANOS as being worth $500 or $600, but sell them at their actual value $185. Terms to suit 't A stool and scarf included with each Cote Piano sold. All brand new, in fine dark ma hogany cases. ; Cf Pianos with the names Tewksbury, Chopin, Mason, Schmidt or Hamlin, Jones, Brown, we sell for $175 each. ,'J1 - . . '.V , y't . (CBiiipn'stlEiniais' IPiiaiinicn)' fioip-'. 'ILcbs. the guard fell over. .Diamond grasped his rifle and Kelly attacked the other guard. The two prisoners fought their way from the two men whom, they dis armed. Making their way toward the deadline they held at bay the nine guards, who attempted to stop them and escaped. " How They Got Back. Making their way. overland to the eastern . coast of Siberia, they watched for a sailing vessel and were taken to St Michaels. Alaska. From there they were transported to Seattle. This hap pened in 1905. Diamond and Kelly were aptured by the cossacks in September of that year. . . - - , The two men returned to Alaska Jn 108, and again began prospecting. They have five, claims, which Diamond says might be rich: The taste for civiliza tion overcame the two men, however, and last summer they returned to the states. Like many prospectors, they had veryJittle money. This soon was noth ing, and today Diamond is looking for a Job. ' He claims to be a first class cook, having learned his trade before the gold fever came on. It was by cooking that he made four' complete trips around the globe, and ha has cooked in some of the fashionable cafes of the old country, French and , Spanish are freely spoken, and be says there are no French dishes that he -can not prepare. - The paat three days he has been visiting the municipal free employment' bureau on Madison street, and watching the sign boards for. "cook wanted." John G Schrqeder, clerk 'of the bureau, struck up a con versation yesterday afternoon with the nan, and his story was told. ; "I want to get back,'" he says. "I think the next strike wilt be the lucky one and I can quit'.. One more chance is all I ask. I want work this winter arid I want It badly. . C-f course I -have only two occupations cook and pros pector. There is nothing in tho last line, and I must cook." . II (By the International Kewn Service.) Washington, Dec. 17. According to a statement made by a member of, the house committee having charge of the pension appropriation : bill, -when . that measure is reported to the house by the first of the week the amount H carries will be 140,000,uvO in excess of the ap propriations for the current'year. This Is due. It is said, to a rearrangement of the amounts and the ages at which serv ice pensions now are granted. Under the new plan a pension of 1 15 a month Is granted at the age of 62; $20 at 65 years; 125', at 70 years, and $36 at 73 years, - 1 - j. The measure if reported in this shape will have severe opposition on the floor of the house. - t CHIEF JUSTICE BURGESS , OF MISSOURI IS DEAD I fatted' Press LeaM WirO ,''' Excelsior Springs, Mo., Dec. 17. Chief Justice Gaven B. Burgess, Of the Missouri supreme court, died . at 11:30 tonight in a local sanitarium His ill ness was Brlght'a disease, but It , did not .; become - serious until Thursday, when he was removed here from his home in Jefferson -vity..,,;;.;.':,:;'?: Salt mixed with inegarjs" excellent for cleaning copper ware, i.,'- v. ii iW PENSION BILL WOULD CARRY BIG INCREASE New Cot Still OUR REGULAR PRICE U "FIRST AND YAMHILL nil Mil . M SOT! Mil : IIML11GE Wealthy Georgian Returning From Far East to Claim His Cride in South Meets Fate Aboard Ship. (By the IntcrniUonil News Service.) San Francisco, Dec. 17. A romance of the high seas, which began. 17 days ago when the Pacific. mail -liner Asia sailed from Yokohama had a happy end ing in this . city tonight when Peter Archibald Gordon Grimes, millionaire rubber magnate of Coo'nor t Madras, In dia, connected with a prominent Atlanta, Ga.. family, and Laura Faye jsooie or Columbus, Ohio, but late a missionary in China, were married. iA feature of the romance ties in tne fact that Grime after representing the British rubber truBt for some years in India, Ceylon and : Singapore, started back to his home at Atlanta, expecting when he arrived there, to wed the daughter of a well known southern fam ily; an arrangement made, it is said, by the interested families. f - SOana to Go Away. Grimes had not takeri fate into con sideration, however, for when the Asia anchored at Yokohama, , the plans most carefully arranged were dissipated as a mist by ,the morning's sun; Fate in the person of the beautiful little mis sionary: Miss , Noble appeared over the edge of the gangway and after that Grimes immediately forgot all about the girl in Georgia. The passengers all agree that in this case it was a case of love at first sight Commander Harry Gaukroger of the Asia said that though there have been many romances on his vessel since he took command, none can compare with this last. "Why," he said, "the couple was so happy, that the thing became contagious and if it had not been that all my officers are benedicts already. I believe the whole lot would have paid a visit1 to the little church " around the corner when we got in." "''; -':'' The young millionaire and his happy bride could not be located tonight and it is believed the couple are now on their way to Georgia, where they "hope to obtain the forgiveness of Grimes' parents, ( MAKE ANOTHER EFFORT TO MERGE LUMBERMEN From Centralia comes the report that effort is again being made to merge the various associations of lumber. man ufacturers in the Pacific northwest into one association. This matter was dis cussed a great deal some months ago but nothing came from it and those favoring such a plan are again promot ing the proposition. - - "At present each district has its own organization as do other lines of in dustry and ' while some are 'favoring amalgamation, others oppose it on the ground that the Interests ; of v the dlf e'fianos CO) .. ; ,'.' , j -WJ. . .'. ' . 'J .. SECOND AND YAMHILL ferent associations are not always iden tical and conflicts within the organiza tion would o unavoidable. 1 ' The. matter wlll. be discussed ,at h meeting to be held in Centralia early in the year. ' ' FARMERS TURN DOWN V x." E?DS ON GRAIN BAGS (Ppecla) Dlipiteb to TJi JnarcL Walla Walla, Wash., Dec 17. Al though 12 firms made bids on the 4,000, 000 grain bags o be furnished to the farmers of the Walla Walla valley next year, the Farmers' Union at the meeting here this , af ternon ' declared them all too high, and will askfor ne prices. The price last year on the bags was $5.474 per hundred, and while it was not announced 'today what the lowest bid was, it is well understood that it was in the neighborhood of $5.30, and that it was made by Balfour, Guthrie & Co. '. -. '", .' , V , -. ' - , H. H. McLean was elected president of the union for the coming year, to suc ceed himself. : . ; High Tide at Toledo. f f - - (Special DUottch to The Jenrtnl.) ' Toledo, Or., Dec. 17. -Yesterday's wind and rain storm droves ,the water in the bay, making the ' highest tide experienced this year. The water got through the dike and floded the engine and dynamo room of the electric light plant It was thought for a time that they Would be unable to operate the plant last evening, but the storm abat ed, allowing the water to recede, ' ;" Pour Inches of Snow at Clem. (Special Dttpatch to The Journal.) " Clem, Or., Dec. 17. -Tho first snow of the season, fell here yesterday, and this morning there is about four inches. This scow breaks one of the longest spells of damp, foggy"" weather over seen here. . - " -.- . Everybody ia well prepared for a long siege of winter as there is an abundance of feed in the country. " Woman Gets $2000 Damages. (Special IHapatch to Tb JonrmL) Chahalis, Wash., Dec 17. Mrs. Anna Knapp, who sued the city of Chehalls for damages for personal injuries, re celved from failing on a defective slde waJk, was awarded $2000 by a Jnrys in theVsnperior court today. " The first agreement as to wages and conditions of work between a union of machinists and an organisation of aero plane manufacturers, was reported the other day by the New .York district council of the International Association of Machinists. The agreement is be tween the Aerial Navigation Company of America, which has branches In sev eral cities where aeroplanes are made, and the International association of Machinists and is terminable on 30 days' notice. ' , ' ' ', Almost 50 Years in the Jewelry Bcshiess in Portland Our reputation for good, honest goods : at moderate prices has prevailed all this time.; " ,- vx" v.- .- -v-'- VV We have the most carefully selected stock of the finest makes ur Portland at prices no higher than inferior goods of similar design. ' Nobody urged to buy. : We show you exactly what yon want, and ' hive strictly-on price on "all out gows.v'-:-v.;i--V- ...Large .assortments in aUJines..J.'it;-?"-;r.''V..'.' . - , Fine Watches Perfect Diamonds High Grade Jewelry OUR REPUTATION IS BACK jOF ALL OUR GOODS . The L. C Henrlcliscn Co, - - 284 WASHINGTON STREET - ' " -' - - r " ' New Giote OUR REGULAR PRICE OR IF YOU DO NOT CARE FOR A PIANO, LET US SHOWYOUAFINE LIBERAL CREDIT TERMS 'FUS Fl KTB11! WILL DE SETTLED San . Francisco Scores Point Over Ksw Orleans by Scour ing Early Action Date Is' January 17. . (By the lutenutlonal Nt-w Service.), ' Washington, ', Dec. 17. California scored first blood in the exposition fight today." The committee on rules reported favorably on Kahn's resolution and set January. 17 as. the day when the house shall settle for all time the contentions of San Francisco and New Orleans to be chosen as the city for holding the world's Panama exposition In commem oration of the completion of the great engtoepring feat. There was-jubilation In the camps of the Califorhlans and depression amonc 'tha southern supporters, The" latter had. hoped to stave off a final settle ment of the matter, and even up to the last minute tried to bring about delay. Kahn's resolution provided for a day to be set the numtfer of hours for de- bate and the time for calling for the previous question. The California dele gation put forth It best energy to have a day fixed, - and ita efforts were crowned with succesa The resolution also carries , with it Kahn's bill, which calls upon the president to invitefor-, elgn powers and nations to participate In the exposition wherever It hi held. Discussing ; the exposition matter. Congressman Kahn said:, i-;.;,,;.: V "The sentiment of many congressmen is against aid to expositions. Frankly,' if we were asking for aid I dont think that we would have a chance to win, but the fact ; that San Francisco has raised $17,600,000, and that she Is able and willing to assume the burdens of the great, undertaking, has challenged the admiration of the members of con gress, and I feel satisfied that a good ly majority of the members win "regis ter their votes la favor of our city,-.,. ' The Machinists and Blacksmiths Union of North America, founded In 1859, and incorporated by congress in that year, is the only labor organisation which ever received a charter from tha United States government - rs nsrr prT.i'F! Maii(Q): '- 2 X 4 - -lfJt- TO ALL THE PEOPLE --f