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? VERY Young Couple
who intends furnish-
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by investigating . ,
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