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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Feb. 4, 1912)
THE OREGON SUNDAY . JOURNAL, PORTLAND. 7 SUNDAY MORNING, . FEBRUARY . 4, 1912. Mrs. Edward McLean Says She Is Not KILLS FATHER. SISTER, ' BROTHER. THEN SELF farm near Bingham pton, late yesterday, and then committed suiclde.,'-'7 .!:'' " ' It developed at tha coroner's ' hearing that the mother and five girls had died within four years of 'the white plague and the father and six remaining child ren were all victims of the disease. "If I could only . get . father and Ed out of the way the rest would be easy." neighbors testified that the murderer and" suicide, told the day .before the tragedy. Ed, the older son, with three others escaped by being absent from the farm.' but the father fell with his head LINN RESIDENTS. FORM , : COMPANYiTO HUNT OIL t-- v. ', 1 1 " H':!-1''. "IV '. " '. " (Special to The Journal) ; ' V Albany, Orv Feb, .---The Linn County Oil oompany, which will endeavor to as certain" whether oil or gas is in this valley, completed Its organisation last night and, placed its capital . stock at tfiOOO for the present." which consists of 200 shares, at a par value of $28 each. Over half of the stock has already been subscribed and the balanoe will be read ily disposed of. The oompany has ap sion of v closed . express wagons filed from the " California National bank to the state oapftol yesterday, containing $1.25Q,00& In i gold. ; representing the amount of this year's state taxes of the Southern Paclf lo company.- .. The net weight: of the payment v'was "4000. pounds. 1 , ' t. , v Boom In Marriage Licenses. -(United Press taaaed Wire.) ' Los Angeles, Feb. 8. -The effect of leap year upon the matrimonial ther mometer was made evident today by tha announcement , that 498 marriage 11 oenses were Issued during January, the best ' previous record being A 2L. and : that was ' in June. ; February has start- ' ed, with the highest. dally average In the history of the county. ' - Superstitious About Hope Diamond v ) (United Press Laased. 'Wlrt.l n Appleton. Wis., Feb.' 8. "Let us all take poison and kill ourselves. What la the use. of living? Ws ,wlll dl eventually of consumption anyway. nearly blown from his body; The This, Edwin Maihlan testified before throats of Dora,-16. on a sick bed, and Republican Committeeman Is ; Not Worried Because Polls John, aged 8, were 4 slashed with a plied for a charter and hereafter will be a coroner's jury late today, was - tha statement of his brother. William, 21, who murdered his sister, a brother and father. Louis Maihlan, 98, on the latter's butcher knife. Maihlan theta drew .the known as the Willamette OH company, i- Big Tax Payment, v . ' -' Saoramento, Cal., JFeb. I. A proces keen .blade over his own throat . A quadruple funeral will be , held Point to Strong Sentiment f for Roosevelt for President. Monday. - -?.,A'; ft ; v a, t STRAW VOTES 00 NOT COUNT, SAYS RALPH VILUAMS (Waahloxton Bnreau of Th journal.) v iiWaahlnrton. Feb. 3. "According" to newspaper polls. It would appear that Colonel Rooaevelt la the choice of more than half the people of the United ' States 1 for president," said R. E. Wil liams, national committeeman of Oretron. today, ".but when It cornea to voting ' at the' polla I think-it win be ahdwn tfiat a laree majority of the votes will 1 favor the reelection of Taft. i "it (a easy to make polla, and I must . car that no one. is likely to be influ enced by the figures. I learned several years asro not to take seriously any of - these straw votes, they are colored. A- western paper la sending broadcast for a vote It Is getting; on the pretfi- ' dentlal race. The paper is a Roosevelt paper. Persons who ars voting in its preliminary election are largely readers cf Um paper.' They have absorbed Us teachings and naturally favor tha man th paper favors. ,"Thay do not nd cannot speak tor people at large, Tha whole thing is tha point of view. Not long ago I entered the smoking compartment of a le"?f r i car. Seven men were there from widely separated parts of the country. Wa talked poliUcs and we took a vote. "Every man there was for the elec tion of Mr. Taft. It was a unanimous vote,' from which one might conclude that th entire country thinks the same way. But when Hr cornea to voting the men at the polls are Independent" DRAMATIC, SCENE 1 1 FOLLOWS VERDICT ACQUITTING WILDE t Continued from Page One.) i i ::. : of several of the Jury that they were united in his favor. He was told he vas never in danger of conviction, and that had the case gone to the Jury the result, would have been the same, . The Jurors ware outspoken In their opinion. making sucn comm.i. Vnothlng to it," "we were all of one mind" and "w "Would have acquitted him anyway." , Despite tnese menls and the Blffnlnr by all of the Jury or a statement praising Wilde, it is learned that one of the Jurors made remark soon .. after thejr were discharged. He la reported to ' liava said "Some of us would like to have had a whack at Wilde." May Hot Be "On of tha Woo As." " ,N Last night came a startling report that Wilde may not yet be out of the woods, so far as the district attorney's office la concerned. No direct statement could be obtained, but one of the attor - ey connected with the prosecution stated that the district attorney had Under consideration the presentation of new evidence against Wilde before the present grana jury. - I Just after Judge Kavanaugh , an nounced his decision Deputy District At torney Fitsgerald left the courtroom. He went direct to the law library, and District Attorney Cameron later said that FlUgerald was ."looking up cases" that hare a bearing on Wilde. He would make ? no further statement as to what ac- ion may oe cuin,cmiiiuvcu. wuv onviut. ' attorney for the state later declared ' -that another move Is likely to be made. ,,nn th nther hand, while Wilde or his , counsel would make no positive state ment, It was Intimated that Wilde may oon be expected to take action against f those he holds responsible for the prose cution. His next move is likely to.be lawsuits, by which he will seek to even up the alleged wrongs and humiliation he has suffered at the. hands of the - , W. Cooper Morris, having pleaded ; guilty before he took the witness stand against. Wilde, is now in the position of having pleaded guilty to something the court has declared was not a crime. District Attorney Cameron last night said that fa rIM Tint ViaIIav th finnrt wmilri ; be inclined to impose a further sentence on Morris under the circumstances. ' f It Is expected that the dlstrlc attorney will Join with Morris In asking per mission to have the plea of guilty with drawn, after which the indictment can ' be dismissed. The district attorney wlh - also renew the motion for dismissal of ten old indictments against Morris, wtiloli TiaAcrA flatona an nroaM I n tr 4n H tym refused .to dismiss. ' - Cameron takes the position that Mor- ris, all circumstances considered, re ' celved his share of punishment When sentenced to serve six years, and will . favor a, clean slate for him. If Judgj Kavanaugh, who now becomes presid I ng Judge, adopts this view, Morris prob ably will be released on parole next May, one year from the time he enter- : Wilde's first comment when the case f erred to a part of one of his Jocular letters to ftlorris produced as evidence In the case. "I am going to have some of that "squirrel whiskey tonight,' he said, "and " go out and climb a tree." . Gives Brief Statement, , ' After his first exuberant comment with an Occasional expletive for the 'methods of the prosecution, he spent soim time, shaking hands, and his emo tion was plainly evident. After the ex citement of the time had passed he gave out a brief statement. "Knowlng my complete Innocence," he said, "and having confidence In Ore gon courts and Juries, I never at any , time anticipated any result except a verdict of acquittal and a complete vin dication. Naturally I am deeply grate ful that this ordeal Is over with 1 have nothing to say now concern- log those who have brought about this prosecution. The victory In the decision . .Tllil Iflvin.nirh .v.. .... "r assurance by iart of the lurv h. ,. veruict woum nave oeen the same is as complete: vindication an any Innocent man could hope to receive. " "I am terribly grateful to my friends and those who have stood by me dur- - ing this--trial which has naturally been trying and burdensome. To the great disinterested public 1-winh. to vay I am . conscious -of and appreciate the fair and Impartial Judgment It has passed wvil wn ' V ' .' Mrs. Wilds Greets jurors. . Mrs. Wilde, who had sat throughout the. trying days of the trial, pressed forward to her husband's side and stood with htm as the jurors filed by', shak ing the hand of each one and express ing tier gratitude over the outcome. Several of the jurors stopped, to as sure her that their sympathies had been with her husband and that had the rase gone to the Jury they would have - - - -wv :V;,ifi( ' 1 Washington Residence of Mr,' and Mrs. Edward B. McLean, (By the International New Service.) Washington, Feb. . 3. No Jewel was ever guarded more Jealously than is the Hope diamond by its new owner, Mrs. Edward Beale McLean. Arrange ments were made today by which this celebrated stone will be kept in a bank vault,' from . which It will be taken to the McLean residence, as so cial functions require, by armed de tectives. When It Is In the McLean home a particular member of the household will be designated to keep watch over it. A minute log will be kept of the occasions on which the diamond is worn. In the vault with the Hope dia mond will repose the ' other McLean treasures, including the Star of the Kast, of 98 carats, once the property of an European potentate,, and a gi gantic white stone known as the Mc Lean diamond. The Hope diamond is sot In plati num on a hair fillet of rings crusted in smaller diamonds. The great dia mond rests In the middle of the fore head and looks like a .gigantic blue snowflake under a microscope. May Be Worn at Wait House. Mr. and Mrs. McLean have taken a box for the Southern Relief ball next Monday plght and are expected to at tend the congressional reception ai me White House on Tuesday. It is ex pected that Mrs. McLean will wear the diamond at both these functions. "I have worn the Hope diamond and It hasn't brought me bad luck as yet But It did give me the good fortune to have a gorgeous time at our party, This statement was made to a friend today by Mrs. McLean. The dinner was the most brilliant and costly ever sriven in the national capital. An attractive feature of the McLean musicals, aside from the Hope diamond, was found in the S8000 dis play of golden lilies Imported for the occasion from England. In all the din. ner. the musicals and the decorations cost W.OOp. been for acquittal. It was apparent that only a desperate resolve to be brave kept the tears from coming as she said: "I am happier than I look. One can never tell exactly, but I had feared that tweuof. th men on the Jury ece ssttinsl us. These two men were ' among the most cordial In their expressions of gratitude over the way the case' ended. That , shows how we may be mistaken." i When the court had directed .the ver dict. It was prepared by Warren EL Thomas, of counsel for the defense, and signed by J. B. Tanner as foreman of the Jury. It was then read by the clerk of the court, Frank Fields, Jr. Xalarkey Takes XU. Dan J. Malarkey, head of Wilde's le gal staff, was not present in the hour of triumph. After bis final argument for the directed verdict Friday afternoon he was taken ill, and ' yesterday was in bed most of the day. Charles E. Sumner, the San Diego at torney who came to aid la the defense of WUde, announced that he and WUde will remain In Portland for several days at least, as they nave business matters . demanding attention. ; It Is regarded as certain that the re maining Indictment against WUde, charging that he acted with Morris In January, 1907, in the embezzlement of $12,600 from the bank, will be dis missed as It deals with a transaction similar to the one on which Judge Kav anaugh. gave the Instructed verdict District Attorney Cameron said this course probably will be taken, in view of the decision of the court Attorneys for the state bad nothing to say regarding the decision of the court. They declined to comment for publication on the result A E. Clark, the special prosecutor, when shown the statement signed by the Jurors, sarcas tically said, "I guess he is entitled to It." From members of the jury it was learned that they signed the statement after It had hnnn read to them bv War ren E. Gilbert, a real estate dealer andT friend of Wilde. Gilbert talked to them In the room reserved for them after they had been discharged as jurors, and all of the jurymen signed their names to the testimonial. Bowerman Makes Statement. This testimonial, it appears, had been circulated about town before the trial and had been signed by 20 or 25 busi ness men who were in sympathy with the Wilde defense. The names of ihe jurors appear on the document beneaui those of the business men, the testi monial having been placed, before tha jury by Gilbert because It was already prepared and there was not time to write one for the occasion. Jay Bowerman,. of counsel for the de fense, made the following statement concerning the result: "Before the commencement of this prosecution no court had ever held that the transactions similar to those for which Mr. WUde was indicted consti tuted any crime whatever. Like trans actions are matters of every day occur rence, and yet the most zealous prose cutor in the English speaking countries have never, so far as recorded decis ions evidence their action, seen fit to brand as a felon any man who has done all of the things with which Mr. Wilde was charged. A most careful search through the reports of decisions by all the courts of the United States and all the Brit ish reports and all standard text writ ers falls to Teveal even one decision or text book which could even indicate that the facts relied upon by the prosecution were ever considered a crime. Xavanaugn ralr, Tearless. "As attorneys we are conscious that Judge Kavanaugh fairly and fearlessly discharged his plain duty. . As one oi' Mr. Wilde's representatives I also ap preciate the cordial assurance given by the members of the Jury that they In dorsed the decision , of Judge Kavan augh, and that they would have ren dered a verdict of not guilty at the con clusion of the state's evidence, had the cane been submitted to them. "The jury was made up of good, sub stantlal und ..average citizens . of this county. I regard the fact that the Jury as business men unanimously .concurred with Judge Kavanaugh's legal opinion in the finding that Mr. Wilde had com mitted no crime as conclusive evidence of the complete Justice ' of ' the legal principles Involved and tha correct in terpretation of such principles by the Judge presiding, at the trial.".;.; , . , judga's BVevitw of Case. Judge Kavanaugh. In giving bis decis ion granting an Instructed verdict for the defense, did not use notes. His review of the legal questions consumed about 20 minutes. After declaring' that he did not think the motion well taken on two of the grounds presented, t It proceeded to the vital question and said In part: "My Judgment, of course, is frail, and in examining these authorities that have, been presented, and in an inde pendent investigation which I made for Jtffft1 I.JMm. noi, Jico.y.stfta jbjjX- JMJ thorfty which holds that a case Involv ing the facts presented here comes prop erly within an embezzlement statute such, as ours. It is remarkable that in all the reported decisions and in the various text books treating this sub ject, we could not find some pronounce ment more pertinent to the real ques tion In dispute than we have. This ap plies to both the contentions of the state and the defense. There are gen eral expressions in . several judicial opinions which at first view would seem to illustrate and elucidate this question, but when the decisions themselves are examined and the facts upon which they are based, you find almost invar iably that the facts are entirely differ ent, and very often these observations of courts and text writers are made con cerning the plainest sort of, a case of embezzlement. Defining Embezzlement. "There are some general expressions in. the authorities where they attempt to define embezzlement, that it in cludes all wrongful appropriation by a servant of the property of the master, and these expressions would seem at first to be sufficiently broad to cover the facts of almost any case where a servant directly or Indirectly had be trayed his trust relation. But as I in dicated before, when we come to con sider the facts upon which the deci sions are based and the decisions upon Which the texts are predicated, It will usually appear that these decisions were based upon simple, ordinary cases of embezzlement and that the language was used in distinguishing the crime of embezzlement from the old common law crime of larceny. "It is unusual that facts identical, or at least similar, to those presented here should not have gotten into the courts and a construction given by the courts as to whether or not they con stitute the crime of embezzlement. The defense has claimed here that this failure Is significant, that it has prob ably been a matter of common judg ment of men that this kind of a case which in our day is quite prevalent has never been indictable under em bezzlement statutes. Instructs Jury, "I realize that my decision upon this motion is exceedingly Important both to the state and to this defendant On the one hand If this case is submitted to the Jury It must be my Judgment that a man who does the acts as they appear In evidence here is an embezzler and a felon and Is guilty of a crime for which the only punishment Is Impris onment In the penitentiary. "Upon the other hand, the state is Interested in honest dealing and proper relations between master and servant and those who go between them, that there be no. violation of trust or breach of confidence. . " ' . "But it is my view, and I must as sume the responsibility for it, that' be fore the court, by its decision, should say that a man, under the particular circumstances of a given case, is a felon, the,1 state should present some law or some reason based upon the law by which the court can be reasonably certain that, considering the facts to be true as a legal proposition, they con stitute the particular crime charged in the indictment. I am not satisfied upon that question from the record that has been presented here. : "1 have fotmd no authority that would satisfy me that the acts related In the evidence here constitute the crime, of embezzlement, and I believe It is my duty, a duty which I seldom exercise and which I am reluctant to exercise, to instruct this Jury under all the cir cumstances to return a verdict of not guilty. "Gentlemen of the Jury, you are in structed now, in view of these consid erations, to return a verdict of not gull, ty as to this defendant.'; BALFOUR COMPANY BUYS 5000. ACRES IN SOUTH Stockton,: 'Cal,eW:'3.tnformatlori was received In this city today that the Balfour-Guthrie .company has pur chased C0OO acres of land near Byron, in Contra Costa county, and would form an irrigation district. . k It will be;th first In Contra Costa county and will have a , great effect on alfalfa farms.' t The proposed district, which has beh surveyed by Engineer Kempkey, will ir ligate 11,000 acres ' of land. Farmers arc cooperating In the project , Select patronage with efficient serv lea makes Oaks Rink popular place. - Tl? 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