7.
SHOOTS FORMER
WIFE.CQMPANION
THEN KILLS SELF
111 Fit Of AflQGr J. H. LUt6S
' AMiaI
Mdl(6S MUrderOUS AIlaCK,
i, ,. ' iif-ii n-.,rt. I a
VlCtimS Will neCOVer, Lei -
ter Hints of Suicide.
After contemplating suicide for some
time, following the Action of his wife
In divorcing him, J. H. Lutes, aged 45
.. years, last night went to the home of
7 his former wife, Mrs. Rosalinda Lutes,
aged 85 years, 7423 Fifty-eighth street
8. E., intending, it is believed, to bid
her a last farewell and then end his
, life on her doorstep. On arriving at
the house, through fhe windows ' of
which he saw the woman and his for
mer business associate, J. H. Mahaffy.
aged S6 years. Lutes was driven Insane
with anger. Breaking through the front
door of the house, he opened fire with
a revolver, dangerously wounding both
rha woman and Mahaffy. Believing
them dead, he reloaded his revolver and
blew his brains out.
In' all, six shots are believed to have
been fired, one at Mahaffy, which In
flicted a serious wound in the face;
four at his wife, one of which struck
her In the face, the other three going
wild; and one that snuffed out his life
Instantly. Both Mrs. Lutes and M
' haffy are scarred for life.
In two letters, found in the dead
man's pockets this morning by the cor
oner every indication is that for the
past two weeks the man has contem
plated taking his own life. The thought
of injuring his wife In any way was
never alluded to, Time after time he
poke of hia deep love for her and the
heartaches her action had caused him.
Woman Jumps Through poor. .
When. Lutes entered the house last
night he first turned his attention to
Mahaffy who was struck by the first
shot. When he fell Mrs. Lutes Jumped
through the door. With Lutes following
her. In the struggle Mrs. Lutes re
ceived her injury. She fell to the porch.
Lutes fired at her again. Then he end
ed his own life.
Motorcycle Patrolman Larry Evans,
who was In the vicinity looking for a
highwayman, heard the shooting and
rushed to the scene; finding both the
woman and her companion Just recover
ing, consciousness. Mrs. Lutes refused
to tell him of the trouble, but a search
of the premises disclosed the dead Jbody
of Lutes. . ,
Both the Injured persons were taken
In charge by Evans, and the coroner
was notified. Mahaffy wag taken, to
St Vincent's hospital. Neither la dan
gerously injured. ' . .
One letter left by Lutes was dated
November 17. In which he gives direc
tions for the disposition of his affairs
and remains.
His Xt Letter.
The other letter was written yester-
. Thii, writan bv J. H. L., called
Harry Lutes Portland, Nov. 28. At
last the time is near when I reallsa
that 1 shall be called upon to decide
vhlch to do, either to be called crasy
or weak or to go out and face the world
at labor, with no one to care for roe,
no enarte encourage me to try to do
-.-i II... nr Kut IllBt ta llVB.
Doming VW - " V.l .
Tes, I could do as hundreds of thou
sands are doing, laDor on eacn uj u
go to what they call home at night, but
what a home to so many as to me, ( a
Small bedroom in a large building,
where you know no one and none to
greet you when you get there. All yo
get Is labor and the little food you eat
and a few ciotaes. . ,
"No, since" my wife told me she loved
me no more my heart has been broken,
and after her admission 'that she loved
another I have only wanted to die, so
as to be away from it all, for I cannot
forget, try as I will, and I have tried
to forget her, and those old happy days
with her, but it Is no use. I cannot,
and so being so very tired and about
sick, with ho one to love me, I will be
better off dead, and the world will be
Just as well without me., And so at
last the time arrives when Rose will al
ways be reminded of the husband who
loved her not wisely but well."
"Portland, Or., Nov. 17, 191WTO
whomsoever may find this: Should
aught happen to me, as I have expected
will at some time, which will require
the help of others in the final closing
of my affairs, first notify George W.
Tabler, 48 North Sixth street, clerk of
Prospect camp No. 140, W. O. W., In
which I hold a policy for $2000 in fa
vor of ray former wife, Bosalinda Lutes,
but as we are divorced this will now de
scend to the niece. Miss Anna Figgins,
last heard from at 534 East Forty-sixth
Plaoe, Chicago. Also notify Mrs. Kosa
Lutes at 7423 Fifty-eighth street south
east and H. J. Laury, at C043 Forty
first avenue southeast, and Dr. Cley
ton Seainon, Macleay building.
"Of my personal effects, I care little
who gets them, but prefer that Mr.
Laury take them If he wishes, as it is
hardly likely that Mrs. Rosa Lutes
would want them. At present they are
In room 41, Palmer house.
"I wish it to be known that no man
crci , tru iiiui wan l i u i . .u i . u -up
than I was, until the break came. Now
I realize how true this:.
""Tis the wink of an eye, 'tis the
draught of a breath,
From the blossom of health to the pale-
ness of death,
From the gilded saloon to the bier and
the shroud;
Oh. why should the spirit of mortal be
proud.'
"At last, alone and broke and friend
less, old and crippled and a thing of
the past J. H. LUTES."
Lutes and Mahaffy were at one time
engaged In the artificial limb business
at 263 Vi Yamhill street. Mahaffy re
sides at 283 Taylor street
. Two notes were found by the coroner
this morning in Lutes' room, one dated
at i o'clock, the other at 9:16 yesterday.
, The first one stated that the writer
had decided to kill hlraBelf, but 1 no ref
erence was made to his former wife.
In the second note, dated more than
four hours later, he says that since
.his:' wife and her paramour are so
happy, he had concluded to endeavor to
obtain possession of the property that
was awarded to bis wife when she ob
tained a decree of divorce, and in the
event that she-refused to relinquish it,
he would kill her . and the man and
commit suicide.
WHO FIGHTS UMATILLA
PROJECT? THE MOTIVE
. BEHIND ENMITY SOUGHT
, 1 (Continued from Page One.)
alon, la not so sudden as the recent pro
test meetings would seem to indloate.
These meetings ar- said to be but a
last iresort, previous opposition, how
ever, tins not. been open..':::'.;;' r
The sincerity: of a majority of the
men participating In the protest meet-
THE
tags Is not doubted. The Interests of
the Stanfleld peorla are the same as
those of the Furnish people, and the set
tlors on the Meadows are naturally op
posed to any scheme that would Confis
cate their lands to the government at
prices which they believe to be too low.
Furthermore, they declare, the Birch
and McKay creek ranchers have been in
fear for their water rights ever since
the reclamation attorney Instituted tne
adjudication suits,' and would naturally
be easy subjects t inflame against any
project in which theYe would be the re
motest possibility of Injury to their
Without question there have been
n"lnv individual complaints qgalnst the
proposed extension from men who might
I suffer from it, but it fa declared there
jneVer would have been any organized re
own claims.
sistance or formul protest had not lieu-
tenants worked among the men who took
a leading part In the Stanfleld meeting
and were present at the Pilot Rock
meetings also.
mrnish Says It's the Settlers.
W. J. Furnish disclaims being in any
manner connected with the meetings.
To The Journal correspondent in this
city yesterday h- declared he had no
statement to make other than that the
protest meeting at Stanfleld was en
tirely a matter belonging to the set
tlers, and that he was interested only
in so far as his Interests were Identical
with those of the settlers. He declared
he was not even invited to attend, and
certainly had no inclination to mix In
the matter at ail. "You may say for
me," he declared, "that I disclaim any
activiryTh the matter whatsoever.
Ilermlston and Umatilla people are
Indignant over the open attacks being
made on the extension at a time when
the government if considering crowning
their two years of organised effort with
victory, and they will probably hold a
meeting of their own In the near future.
AD WOLGAST GOES
UNDER KNIFE; HIS
WELSH BATTLE OFF
(Continued from Page One.)
Welsh, "and It seems that fate is de
termined that I shall not meet the
champion. I am heartily sorry for Wol
gast and sincerely hope that he will
quickly recover. I have the highest re
spect for hint as a man and a fighter,
and the news of his sudden illness Is a
distressing shock to me. I do not aup-
pose- that he will be in condition to
fight on New Tear's day, but if he is
ready to meet me on Washington's birth
day I will gladly take him on."
Preliminaries to Be Staged,
Promoter Tom McCarey said:
"I sincerely trust that the little cham
pion will soon be on the high road to
recovery. He is one of the equarest
fighters In the world, and Tf his con
dition will permit I may stage a Wol-gast-Welsh
battle on Washington's
birthday.. My financial loss will be
heavy, as I had gone to considerable
expense in arranging to stage this fight
Hundreds of rans are 'here from outside-
points. For their benefit I will
let the preliminaries go. on aa arranged,
and have Freddie Welsh box 10 rounds
each with Gua Anderson and Kid Dal-
ton. I had already sold $30,000 worth
of tickets for the Wolgast-Welsh af
fair." '
BRANDEIS SAYS FISHER
POLICY NOW IN ACCORD
WITH INSURGENT VIEWS
(Continued from Page One.)
been found as .to the administration's
actions.
Absolute unanimity of decision was
reached by all who took part In the
inquiry and who now announce their
design to insist that the progressive
cuneuruuvu program or ai&biui ihubi ue
assisted. They declare a belief that
the prospects are bright for carrying
through such a program this winter,
involving the leasing of the coal lands,
rigid control by the government of all
transportation, rail and water, with a'
government railroad and strict control
of all docks and all terminals, prob
ably. In addition, insisting that the gov
ernment retain title to all mineral, oil
and gas lands.
PHILLIPS SMILES;
CASE AT KALAMA
IS IN HIS FAVOR
(Continued from Page One.)
and gave valuations on the Central Man
ufacturing company and W. 8. Mil
ler's property. The Central plant he
gave at 17500 or $8500.
Can't Help Tears, Bys Bennett.
"Hugh C. Phillips was not smart
enough or mean enough to be a suc
cessful banker," said A. S. Bennett, in
making the opening statement for the
defense. 'Bennett's voice shook with
emotion as he paid tribute to what he
declared was the honesty of the former
banker. "Ho perhaps made mistakes.
He was not experienced in banking, and
he had no more business in a bank than
a live sheep in a butcher shop," ex
claimed the attorney.
Bennett apologized to the jury for his
display of emotion, saying the tears
came involuntarily. Phillips' attorney
further made the surprising announce
ment that there is yet doubt as to the
inability of the Commercial bank to
pay dollar for dollar. He said Aldrich
turned in real estate valued at $146,000
to secure'loans of $73,000. He pointed
out that $271,000 in real estate and
loans held by the bank are unquestioned
by testimony of the state and Kb placed
the liabilities of the bank at $311,000.
Bennett further defended the Rector
& Daly account, saying the firm has
$30,000 or $40,000 assets, and declared
a good sum will be realized from the
Swank & Co. stock.
"Proud to Be Phillips' Friend."
Superior Judge Sol Smith of South'
Bend, Pacific county, was the first
character witness for the defense. He
said he waa proud to be counted a
friend of the accused banker. Testi
mony on the same line was - given by
Dr. W. S. Goddard, Dr. A P. Stowell and
Mayor John P. Klgglns, all of Van
couver. Closs of State's Case Soil.
"The state rests," was the brief an
nouncement by Prosecuting Attorney
Tempos at 3:87 yesterday afternoon,
signaling that all the testimony had
been presented upon which the proseou-
Drink Craving Destroyed
No mors terrible affliction can come
to any home than the craving for
strong drink of husband and rather.
We appeal to wives, mothers and sis
ters to save the husband and father, or
brother, with pRKlNK, a scientific
treatment
OKK1NE is prepared la two forms:
No. 1, secret treatment, a powder, ab
solutely tasteless and odorless, given
secretly In food or drink; ORRINE No.
I, in pill form, is for those who desire
to take voluntary- treatment. ORRINE
coBts only $1.00 a box. Call at our
store for a fre booklet telling all
about this meritorious article, whlcb
we have been selling for a number of
years. Skldmore Drug Co., 161 8d st
woodard, Clarke ft Co., 280 Washing-i
ton st ' ' ... .. .. ...
OREGON DAILY $ JOURNAL,
DR. WALTER E. CARLL
DIES AT OREGON CITY
1 V'
t
4 V
.it
11
I.
i r i
$ A
Dr. Carll, for three year mayor.
former president of the state med
leal association, first exalted ruler
of Oregon City Elkfc ,
Oregon City, Nor. J. Dr. Walter E.
Carll, a prominent physiolan of this
city, died here this morning and ar
rangements for his funeral will be
made tonight by the local lodge of
Elks, of which he was the first exalted
ruler. He has been ill for some weeks
and death waa due to a complication
of disorders.
Dr. Carll waa a native of Massachu
setts and was born v mlcopee, October
26, 1858. His ancestors settled in this
country previous to the Revolution
After attending the public schools he
went to Harvard university, where he
took a special medical course and was
graduated in 1885. After a year abroad
he came to Oregon and practiced two
years in Portland, then came to, Oregon
City. For many years he had been chief
surgeon for the Willamette Pulp as Pa
per company and the Crown Columbia
Pulp ft Paper company.
For three years Dr. Carll was mavor
of thla city, his last term expiring last
January. He had been a member of
the state board of health and was a
former president of the State" Medical
association.
tlon would ask for the conviction of
Phillips.
The final evidence for the state con
sisted of formal proof regarding mort
gages against the property of Frank
Aldrich, now held as security by the
bank. The entire afternoon session of
yesterday was of little interest to the
spectators. Perhaps the most Important
bit of testimony waa in showing that
the Commercial bank did keep a cash
blotter, from which the dally cash bal
ances were made. Receiver M. B. Kles
and John Y. Richardson, expert ac
countant, had previously testified they
searched for a book of that kind, but
it was not In the bank.
State's CSsr Palls Bather Short.
In some respects the case made out
by the state haa fallen short of ex
pectations. Although the Aldrich loans
were made one of the objects of attack,
and the securities, turned In by. the
former partner of President Phillips
have been questioned, the values placed
upon these securltlea by Aldrich him
self have been left practically undis
puted. And JX the Jury,havlng no other
direct testimony as to what the Aldrich
lands are worth, accepts his valuations,
it will decide that the Aldrich loans
were amply secured on December It,
1910. and ere still fully protected.
An attorney who has followed the
case closely and is not interested In the
result predicted at the close of the
state's case that if Phillips is convicted
it will not be because of the Aldrich
loans. Taking the Aldrich factor out
$98,000 of the sum Included In the
assault by the state Is eliminated.
In, proving Insolvency, the state has
been limited by the court's rulings to
the condition of the bank and the value
of securities on December 16, 1910, or
prior thereto. Testimony as to what
the property held by the bank is now
worth was not permitted, neither was
the receiver allowed to tell the offers
he baa received in trying to realise on
the securities he holds. The question
to be tried, aa defined by Judge Mc
Kenney, is the condition of things on
the date named In the indictment.
The defense leans heavily upon what
the state has failed to prove, as well
as upon the story to be told by its own
witnesses. Attorney Bennett chief
counsel for the defense, said last night
he did not believe it would be necessary
for the defense to. introduce any testi
mony on the valuation of the Aldrich
properties, since the testimony of Aid
rich himself, called as a witness by
the state, stands practically unchal
lenged. The defense Is expected to make much
of the fact that both Phillips, president
of the, bank, and his chief borrower and
ex-partner, Aldrich, have turned over
to the bank the -tomes In which they
lived. Both declare they have turned
over all they possess, and this Is ex
pected to strike a responsive note with
the Jury. Phillips appears to be con
fident of acquittal
Martin L. Pipes and Prosecuting At-1
Ye r Oregon Grille
Thanksgiving
Signor Pietro Mareno and his celebrated orchestra, assisted by
Miss Formosa Henderson (late of Henry Savage Opera Com
pany) and Mr. Alex Berthold, the noted Danish Baritone, will
render the following:
Special Musical Program
Florentine Marsch Moreno
"R'eve Angelique" .,.t...Rubenstein
Song,' Mr. Alex Berthold '
Suite Espagnole "La Feria" Laconne
(a) Las Toros, (b) La Rija, (c) l,a Zarruela
Song, Miss Henderson:
Grand Opera Selection, Pagliacci ,
Song, Mr. Alex Berthold
POPULAR SONG HITS
lac interrupted Rendezvous
Song, Miss Henderson :
Overture,. II Guarany , . . . . , -i . t , . . , Gomes
S., Song. Mr. Berthold
Serenade from Drigo's Ballet Suite, "Les Millions d' Arlequin"
- Popular Song, Miss Henderson
Grand American Fantasja Bendin '
PORTLAND; 7 WEDNESDAY
torney Tetnpes, at the close of their
case, seemed well pleased with tha
showing made, but admitted disappoint
ment over tne r allure to place Mohun
dro's letters in evidence. Several of
the missives sent by the state bank
examiner to Phillips in 190 and 1910
were written in scorching terms. The
court held that the replies sent by
rniuips were sufficient in themselves
to show what Phillips was writing
scout ana from the admissions con
talned In some of these letters, even
without those of Mohundro, the state
will be able to show he was repeatedly
warned ror making loans deemed un
safe, and .acknowledged the necessity
for trimming sail. . ,
The Missing Cash Blotter.
Testimony showing the Commercial
bank kept a cash blotter for about a
year before the bank closed, from which
entries of cash at the close of the day's
business were made In the . Journal, waa
given yesterday afternoon by Sylvester
uoodnight who was assistant cashier,
The lack of this book, missing from
the bank when the receiver took charge,
somewhat hampered the work of the
experts. Goodnight said the cash blot
ters, referred to by Attorney Bennett
as a "memorandum," were not preserved
for any length of time. The .defense
will argue tha disappearance of thla
"memorandum" was of no consequence.
In the trial of the Oregon Trust &8av-
ings bank case at Portland tha cash
blotter furnished some of the most
effective evidence against the officers
of the bank.
K. K. Beard, editor of the Vancouver
Columbian, Identified bank statements
published on June $0, 1910, and follow
4ag. Fromthese the state will argue
that deceptive statements were given
out by officials of the bank. Beard
also testified the plant of the Central
Manufacturing company is about four
blocks from the home of Philips.
Central )Cff. Co. P allure.
S. M. Bernard, a lumber dealer, and
one of the trustees now In charge of
the Central Manufacturing company, a
lumber and sash concern, testified the
assets of that company were about
$10,000 when he took charge last Feb
ruary, and the liabilities $29,000, and
said the assets had not changed to any
extent from the time the bank failed.
This firm owed the bank $13,000.
J. 1. Prahl of Troutdale. Or., once
foreman of Frank Aldrlch's stock ranch
at Toppenlsh, testified as to assets of
the Toppenlsh Livestock company. He
valued the stock and land on hand last
December at $25,050, exclusive of 80
head of horses and mules. He admitted
that he and Aldrich were not friendly.
During the testimony of Deputy State
Bank Examiner Hayden, the defense
took advantage of the opportunity to
identify andplace in evidence a photo
graph of the Phillips residence in Van
couver, which has Deen lurnea over un
his stock liability.
Minor Billings of the Court.
Judsre Mcltenney ruled out a certified
copy of the adjudication of Moore &
Hardin as bankrupts last March, also a
like adjudication aS to Rector & Daly,
and a statement of assets and liabilities
of the last named flrn at tne xime or
the bankruptcy proceedings. The bank
ruptcy of these firms and the condi
tion of their accounts had been shown
by previous witnesses, however, and the
lack of this formal proof is of little
consequence,-
Tha court admitted a copy oi a uecrw
of the superior court of Clarke county
under which Receiver Kies was required
ta turn over to the trustee lor aaoore
& Hardin the property previously turned
Intn th bank as security ior loans oi
that firm to the amount of $10,000. As
$14,000 was considered paid ana tne
nnJp withdrawn when the property was
turned In. which was prior to the time
the receiver took charge, Kies now has
neither notes nor security.
RUSSIAN GOVERNMENT
ASSAILED FOR FAMINE
. , v
(United Pre Leaied w'rs.l
St. Petersburg,. Nov. 29. The govern
ment is being bitterly assailed by the
opposition in the duma--for Its failure
to take cognizance of the famine condi
tions threatening a large part of the
empire. Latest reports show, that In a
score of administrations the. peasants
are in serious want and that unless re
lief Is provided they will face starva
tion. In addition to this, typhoid and scurvy
are rife, due to Improper nutrition.
Charitable organizations are formulating
relief measures but It is predicted that
they will be utterly Incapable of coping
with the situation
How to Cure Rheumatism
Prominent Doctor's Best Pxesorip-
uon sasuy auzea at noma.
This simple and harmless formula has
worked wonders for all who have tried
it, quickly curing chronic and acute
rheumatism and bach-ache. "From your
druggist get one ounce of Torts com
pound (in original sealed package) and
one ounce or syrup 01 earsapariiia com
pound. Take these, two ingredients home
ana put mem in a nan pint 01 gooa
whiskey. Shake the bottle and take a
tablespoonful before each meal and at
bedtime." Good results come after the
first few doses. If your druggist does
not have Torls compound In stock he
will get it for you in a few hours from
hit wholesale house. Don't be influ
enced to take a patent medicine Instead
of this. Insist on having the genuine
Toris comDound in the original, one
ounce, sealed, yellow package. This was
published here last winter and hundreds
of the worst cases were cured by It In
a short time.
, ....Leoncavallo
, ,
Goublier
EVENING," NOVEMBER 1
1 ' MMMllMW""",l,l"'"l' M-r
1 ......... . t 1 I - 'J I. I
The:
fir-
1 '
THRONGS CROWD OUR PRESENT STORE
GREAT REMOVAL SALE NEARING THE END
More anil more people were here early this morning, ready and anxious, to take ad
vantage of the extremely low removal prices, for it is now generally known and ac-
knowledged that this sale measures to and beyond any past piano event ever held on
the Pacific Coast
Big Sums are being saved each day by the scores of shrewd piano-buyers who are
grasping this most wonderful opportunity to obtain a high-grade instrument for lit
tle money.
".'. . t
In order to make this a cellar-to-roof sweeping clearance during the few remain
ing days, we have drilled into the very rock'bottom price of each piano and player
piano left unsold in our present store.
Vou must come and see for yourself in order" to appreciate the great values of
fered. Come as early as possible or telephone for descriptive list of bargains.
Every piano is fully guaranteed and there is no chance of making a mistake in
buying at this time. Tour money will be cheerfully refunded if any instrument pur
chased is not exactly'as represented. 1
Decide now and have a piano in your home tomorrow. ; Exceptionally easy pay
ments may be arranged if ' desired. ' -, ;
304 Oak St.: Xt f1-trrfFr" "W? a few day.
I Steady Situations
291911
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