THE OREGON , DAILY JOURNAL, PORTLAND, ' THUIISDAY EVENING, MAY
1011
ill COMPLETES .
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CONVICTED NEW YORK POLICE INSPECTORS NOW SERVING TERMS IN PRISON
Court Denies Motion of De
fense to Instruct Jury to Ac
quit Defendant in Charges
of. Criminal Libel.
Teatlmony .of 'iwe. wltneeats thl
tnomln compMt the atate'e eaae
the action for criminal llbl agalnat the
Tortlaod Dally. News and" its .editor,
. laiia BUeth. In the article alleged t
h libelous, County Judge Cleeton ana
, . Commissioner Lightne r wera referred to
' as being- "plain robbera." '
' ! Tlia court 'deuled defendant's motion
to fnstruct the Jury toMum a verdict
. Of not BUllty. and JUURe Uionon
rUA ftw'tha defense as Ita first wit
Mua. Difference of opinion aa to a jjolnt
the' duties of. the
muni r iudc and the county commls
alowrs Interrupts examination of the
witness, and the greater part of . the
session was devoted to legal argument.
The stata won a point when the court,
lust before noou. austalnad Deputy. DIs
trlfl't Attorney Magulre a objection to a
question by Attorney Perry for tha de
fens . as ta hther or not County
.Judge Cleeton In his official capacity
during the three years of his Incum
bency bad made a aeml-annual examine
tloil Of tha condition of the county
funds.
. .- Prosaoatioa Vina Foist.
Magulre for the state objeoted to the
question on tha ground that tha law now
In effect and superceding a former law
rtoea not require an examination of the
county moneys by tha county court, thla
duty now devolving upon the county
auditor. "Argument which followed tha
objection waa held after the Jury had
been retired.
Determination "of the duties of the
county judge and commissioners as de
fined by law is one of the points about
which tha case will revolve, the defense
having outlined Ita purpose or proving
that Llghtner and Claeton are guilty of
malfeasance In office because of a neg
lect of their prescribed duties.
State's -eaee waa completed in. J9
minutes. It Included merely tha ex
amination of 3. A. Frudhomme, foreman
of tha mechanical department, and" w.
I c Tanks, business manager of Tha
News, to establish the fact of the pub'
llcatlon of the article alleged llbeloua
The fact of publication waa allowed fey
attorneya for the defense, precluding
necessity of further testimony,
" : OblaettoB la Overruled.
' First Interruption to the proceedings
came when Attorney Perry objected to
the Introduction by the stata of one
part of the article, but not tha entire
article In question. The objection was
overruled, but the defense was allowed
to Introduce the f est of the etory, over
state's objection, In the crosg-examlna-tiofl
of the witness.,
i In his argument on motion for a not
guilty instruction to the Jury, Attorney
Collier maintained that the atate n
merely establishing tha taut, ot publica
tion of the article in question had failed
' o prove its casts and that the article as
whole explained away the part alleged
to be libelous, and took out the "atlng"
Of the alleged lib!.
4 Collier argued further, that the term
"robber,"' usad In the headlines to the
' article, was not libelous because to rob
according to law means to take some
thing from an individual person, and
hat the word as. .used In the headline
carried only a metaphorical meaning.
Collier insisted that the article In
iueatlim was a. privileged communica
tion because It liad to d with public
tiffloials, and that even though It might
" be derogatory to the charaotcr of those
Officials, still the News was no guilty
Of criminal libel if It printed the etory
in good faith. ;
, Admonished ay Court.
1 Judge Davis overruled the motion on
'the ground that- the article waa not
privileged; that It was a libel per ae;
that the article as a whole did not ex
plain 6r justify the matter alltged to
be libelous and that a presumption of
' the law arises that the article Waa
false and scandalous, and that it was
printed wilfully and with an intent to
" Injure and defraud.
: "Do 1 understand the court to rule
that the defendants are guilty on a
prima facie presumption?" asked Attor
ney Perry. i
' "That Is the ruling Of the court," re
plied Judge Davis. f
s Judge Cleeton had Just started to
Outline bis duties as county Judge, when
legal complications, halted the taking
bf testimony.
Judge Cleeton and Attorney Perry
had a verbal clash as the Jury was be
ing taken out, and were admonished by
the court.
jj Names of Jurora.
! The Jury, completed last night, is as
-fOtlwrB. T. Walter. teamsterf-Cr H:
parnell, retired; J. A. Fay, butcher; Carl
frchllcke'iser, restaurant keeper; R. C.
Walter, grocer; F. P. Rawson, electrical
engineer; B. H. Hansen, clerk; C. H.
Lane, Oresham, solicitor; M. Davenport,
feed and grain; J. J. Ederton, building
Contractor; J. J. Fevbet, hair store pro-
rrletor; C. J. Walllngford, building con
ractor. The Jury will be quartered at
the Imperial hotel.
-' Defense In the case intends to show,
aid W. C. Benbow, in his opening ar
gument,, that the county commissioners
have in reality been irregular in mat
tera of county business entrusted to
their care, and that because of these
Irregularities and technical violating of
the law, the best Interests of the tax
payers have not been properly safe
guarded. It would be shown, the at
torney said, that tourt records had not
iieen kept according to law, and that
contracts had been let without due pro
teases as prescribed for the guidance of
the county commissioners, The defense
Contends generally that 'nnmmlssdoher
klghtner -and Judge Cleeton have been
guilty of malfeasance in office, and that
they are therefore liable, as charge1 m
' 4be alleged libelous article, to jait en
iencee.
Deputy District Attorney Magulre said
that tha stata In Ita case In rhw u-nuM
prove the publication of the newspaper
article in quesuon oy me I'oruana Ually
News and Dana Bleeth. Its editor, and
that Jt would devolve upon the state to
meet In rebuttal' what testimony may
be submitted by the defense.
An electric room heater designed in
JKngland throws, the warmed air di
rectly toward the floor by utilizing a
movable parabolic mirror r above . the
lamp. . -
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L D. H lil
QUITTING. URGES .
OTBTO i SO
Many Candidates -Have No
' Chance and Should Get Out
of Race, He Says; Several
. ; May Act. . ' C:X-;
Left to right John jV-Murtha, James Thompson, Dennis Sweeney and James Hussey, the four deposed New York police Inspectors who hare
been convicted of conspiring to obstruct the work of the district attorney -In prosecuting his graft Investigations. . They have been sen
tenced to one year In prison and a fine of $500 each and must then stand trial for bribery. It la believed that some one of the four, In
the hope of gaining Immunity may yet expose the "man higher up" In police headquarters, the head of the socalled graft "system."
FINNISH LOGGER KILLED
BY TOP BRANCH OF TREE
(SprcUl tu Tbf Journal.)
Astoria, Or., May 22. John Kota, a
native of Fihland, employed In bucking
windfalls, waa killed at a logging camp
near Parsons station yesterday morning,
when he was struck In the head with the
topmost branch of a tre, which fell
upon him. The man failed to hear the
warning shouts of his companions.
Woodburn Looks Better Today.
(Special lo Tt Journal.
.r .mum, Or., May !2. Tueaday
waa cleanup day for Woodburn and
many responded to the request of Mayor
Poorman to collect all . rubbish that
accumulated during the past year add
place it where the city wagons could
collect It and haul It to the dumping
grounds. The tall grass along streets
and sidewalks haa been out, and ae a re
sult of the mayor's action, appearances
about the residence portion of the city
have been much improved.
Leave for Seattle.
William J. Flynn chief of .the United
States secret service,' after spending the
day in Portland, left last night for Se
attle to Inspect the office there. He
will be bao kin Portland all day tomor
row on his way to San Franclaco. Tea
terday afternoon, In company with S.
A. Connell, Jocal secret service agent; H.
O. Durand, postofflce Inspector;. Ander
son. M. Cannon, Uulted"States commis
sioner, and C. P. Pray, spe!al agent of
the department of Justice, he waa tak
en on a tour of the city.
Declaring that he wished to work for
the best Interests of the city and would
prater to give his support to men whe
would lliukii good la the position of
commissioner, and that he was In hopes
tha; his, Initiative would result In others
wlthdrewlng In the beet Interest of "the
city, L, D..Mahone this morning filed
notice of his resignation fronWhe race
for commissioner with City Auditor Bar.
bur. This leaves. 77 candidates in the
field. ., J..- "'v'. . ' ; .
"1 hope "that others will do tha'sama
as have before It la too late to get
their names- eff the ballot,", aald Mr.
Mahone, "There are men in the race
who have ;not the neceasary .followinsr
to assure -them any chanco-TyreotlonH-Vi
yet who arc sincerely wishing for theli
ht tnr Pnrflnn,1 anI .... v.-... 11.. '
oussed the plan to resign. I know that
aeveral hate already written out the
formal notice, and now that I have dome
ao, 1 Jiope they will rile them," he added.
The following is a copy of the lettei
filed with, the city auditor by Mr. &U
hone: .
"To A. L, Barbur. City Auditor Port
land. OrDear Sir -I desire to with
draw my name from further considera
tion by the electorate of Portland ein
connection with the selection of the
commissioners who' will govern the city
for the ensuing four years. 1 do so,
flrat, feeling that there are too many
candidates In the field, and thU unless
some resign Incompetent men will be
selected; seoond, I am building up my
private business In the practice of the
law and do not desire to take a political
job out of harmony in the line of my
work; third, to take the Initiative In
the matter with the hope that othera
will follow my actions with whom I
have conferred.
"I have given a great deal of time
during the past five years to the study
of municipal questions, having visited
a number of the cities of the United
States .and studied their wayof doing
business. "I am also familiar with the
'commission form,'1 having visited a
number of the larger cities which hsv"
adopted the same. In my study and
research of municipal affairs I !av
given careful consideration to the ques
tions with which the city must deal in
respect to Its franchises and public In
terest to the end that the people might
be protected In their rights. Some of
these ouestlons as to rates, etc., are now
'beyond the Jurisdiction of the city offi
cials since the passage ot ine.puDii'.
utility law.
"My withdrawal from the race does
not lessen my Interest In the welfare of
the city. To those who will be selected
by the people, if desired, I shall be glad
to render any assistance In suggestion
of waya and means to organise the var
ious departments , to the end that the
Dlan aa adopted mlaht be a success, as
well as td cooperate with the people In
the protection of their rights."
Several othera are awaiting the action
of. the committee of 100 before an
nouncing their resignation, aa It la un
derstood that if their names are not In
cluded In a Hat of U or IS wjiich this
committee Is expected to pick, they will
at -once drop out of the race. -This
sentiment haa already been expressed
by W. H. , McMonles and Norman C
Thorne. , ,
Secret meetings have been held on
several occasions by some of the candi
dates, and it one meeting M.VC. Reed,
Dr. George B. Van" Watera and h, 1'.
Mahone were named to make a canvasa
of certain candidates with a view of
seourtng their resignation. A meeting is
to be held, probably this week, when
definite steps will be taken. , 1 .
WVIPLE BALLOT COPY
CALLED MISLEADING
Deputy City Auditor' C. E. Wlegand
yesterday called intention to a mis
leading copy of the Sample ballots re
cently distributed by the auditor's of
fice for the benefit of votera Thle
ballot has been tacked on telephone
polea all over town. It has printed
on the margin a hand with a finger
pointing to the name of C. R. DeBurgh,
a candidate for commissioner.
''Thla office wanu It. distinctly un
derstood that we are not calling atten
tion to any candidate ' and that this
Sign la printed without our sanction
or consent,'.' aald Mr, Wlegmnd, yesterday.
Half Breed Arrested.
Deputy United States Marshal John
Talley arrived last night from Pendle
ton, where he arrested Joe Rushman, a
half breed, for taking whiskey on the
Umatilla reaervatiqn. Rushman was
brought In and committed to the county
Jail.
5000 Pounds of Banquet Hall Butter, Oregon Made, Fresh Churned Daily, at 61c the Roll
Gold BondJTrading Stamps Given With AH Purchases 50 Free Stamps to Start a Book
Grocery Specials 3 for
Pirnir Snecials rPure. wholesome nickles out uo in tumblers which
can Reused for drinking glasses when empty. Here at 3 for 25t
Dill pickles, manzanella olives,
tjueen olives, stuffed olives, ripe
olives, etc;, all on sale ir
here at this price 3 FOR wC
Chow chow, sour pickles, Sweet
pickles, preserved cucumbers
picalilli, pickled onions,
selling here for 3 FOK fceJC
rot hhwt. mmv
$2 Shirts $1,15 $1 Union Suits 59c
1000 men's Golf Shirts in coat 50 dozen men's Unipn f Suits of
styles with attachedsor detached derby ribbed, balbriggan and
soft dollars to match. Made of Poros Knit, in ecru aH.d .white,
fine quality madras, in tan, gray, short or long sleeves and ankle
white and striped tS- d j length ; in all sizes ; regu- jQ
fects, $2.00 values at ej) 1 ID lar $1 values, priced at JaC
; Excursion Tickets
The excursion to Mettger, postnbned
-BSUnaayixjtfQUeLisi
held this coming-Sunday.- Round trip
and lnch. all f- fee. t tickets now
at 72: Yeon Bldg. Trains leave 10th
andptsrk eta.'. Kin - Jefferson at,' sta
tion, .:o a. m. Buhday. Music, . i
1 00 Women's and Misses' Suits
Regular $15 Vals., Friday $7.95
An especially advantageous purchase brought these 100 Suits
to us at a most unusually low price. As usual, we pass our good
fortune on to you. Misses and small sized women will especially
profit by this offering, for the Suits are all in the smaller sizesv
All are man-tailored in straight-front and . cutaway styles.
Serges, mixtures; stripes and diagonals in navy, gray, Copen
hagen and maroon. -Smis-that -are good $15.00 ? 7 Q C
values on sale Friday at theHoltz Store at, each I sU
Smart Summer Coat Spec'l $7.50,
Special Friday Sale tomorrow of new, up-to-date models in
Women's Smart Cutaway and Belted Summer Coats in diagonals,-
checks and stripesvself trimmed or with fancy collar and
cuffs; garments you will be pleased with at a price C A
that speaks true economy. Your choice of the lotat 1 lOU
Great Vals. in Afternoon and Street Dresses
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Smartest of theiew .styles', made of. best washable materials, such as bed
fords, poplins, linens and ratines, in a great variety of models, including
simply tailored. Balkan blouse, charming 2-piede and more elaborate ef
fects with fancy vestees, lace cojlars, etc., colors are white, golden leath
er, Copenhagen, lavender, etc. All modestly priced from $2.50 to $22,50.
hi'
Women's 25cCumfy,Vests 1 6c
Women's 75c Union Suits 59c
Great sale tomorrow of 100 dozen Women's Summer-weight
Undervests in the popular "cumfy" cut with low' neck in
V shape, no sleeves and daintily lace ...trimmed; 1
all regular sizes; 25c values; special Friday at only I Ow
1000 Fine Cotton Union Suits, made low neck and sleeve
less, with hold-fast straps, in umbrella style, very CQ
neatly trimmed; all regular sizes; 75c values jspec'l Ov
65c Union Suits 49 Women's fine cotton Union Suits in light
weight, with high neck, long sleeves, ankle length,, all i a
sizes, regular 65c values, specially priced the suit at'iC
$1.25 "Melba" Union Suits 98c
600 garments in the lot. Women's 'Melba" Union Suits
with narrow banded tops; made low neck and sleeveless,
tight knee style or umbrella style; neatly lace AO
trimmed ; sizes 4 to 6 ; regular $1 .25 values for only V 0 C
$35c Vests, 3 for 85 Wom
en's nursing Vests of fine gauze
.cotton, made low neck and
sleeveless, full in length; sizes
34 to 38, extra good 35c Q H
vllues, 29 each, 3 for 5DC
Gauze Vests, 3 for $1-Ip00
women's fine Gauze Vests,
made perfectly plain or with
fancy yoke tops, low neck and
sleeveless ; all regu- a a
lar sizes, 35 ea., 3 j)X UU
60c Union Suits 43J Misses'
fine " lisle Union Suits, high
neck, short sleeves, cuff knees,
sizes 6 to 15 yrs.; reg. 50c 43$
Boys' Poros Knit Union Suits,
sizes 6 to 1G yrs., 65c val. 49
Boys' $1.25 Wash Suits 69c
500 Boys' Summer "Wash
, Suits go on sale In the" Boy's
Dept. on the Balcony tomor
row. All new and fresh' from
the . makers. Handsome
styles and desirable color
, in gs and combinations. Made
.in Russian blouse style with'
sailor or military collars.
Every Suit well made and
nicely finished; regular $1.00
and $1.25 values, spe- di
cially priced at only
Men's -$1.50 Pajamas' at 95c
Men's Pajamas of fine nius
1 in an d mad ra .haJAkillL
colors, cream, tan and gray;
Also white, trimmed in col
ujrimi4iUwitl-ilk- A C-yr-frogs
l $1.50. values VOC
$1.25 Embroideries at 49c
Great Friday salef 2000 yards of beautiful new All
over Embroideries., Nu
merous patterns .in both
eyelet and solid designs on
fine quality cambric. This
is just the material you
need at the present time
for .making-Summer
waists and presses. Every
yard a ?. splendid value.
Worth up to $1.25 Aft
Special Friday at ntvL
25c Insertions, 15C--1000
yards of fine Embroidery
Ijisjertions," I to 5 inches
iwidc: will mate i up spien-
AtA t l.r.fU . tlm' . lli,i.J t
val ue so-25c .a-t-r-l
jrardi-i Friday only I OC
Gossard Corsets at $3.50
For utility and conven-
lence tor adjusment at
each wearing, the Gossard
"Lace Front;' Corsest
liave no equal and for per
fect lines of stvle and.
beauty they are unsur
passad. "Special showing and safe
Friday and Saturday. 3rd floor
New Gossard Corsets with low bust
and long skirt'; made of strorlg cou
til and finished with embroidered
topi a beautiful model that you
wrll. like and, extra val-; (jJ'T C A
ue, priced at only, each y O O U
New" Gossard Corsets of fine im
pdrted batiste, . w ah Ion ; boned
throughout; have tllS, very long
skirt with - medium low bust; the-
height of satisfactory JT-A A-
Corset perfection, , atl M)0JJ.
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