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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (May 30, 1918)
The Statesman receives the leased wire report of the As cociated Tress; the greatest and most reliable press assoc iation In the world. DAILY EDITION it-- i - ' . ' - .. .. - . ii L <Y-EI(iHTII YEAR NO. 53 "" SALEM, OREtiOX, Till ItSDAY MORNING, 3IAY 30, 1918 ! I . ' ' -.-- ., riUCE FIYE CE.VT3 DECISION AGAINST it. . - . - i Jury Finds Grace Lusk Guilty of Murder in the Second Degree After our Honrs of Deliberation Penalty Is Heavy IL1S. ROBERTS' SLAYER COLLAPSES IN COURT 'Attacks Acting District At torney Tullar, Attempting To Choke Him Ten Bal lets Taken WAUKESHA, Wis., May 29. J Grace Lusk was found guilty here to-i night of second degree murder for I the killing of Mrs. Mary Newman J Roberts, . When the verdict was delivered Miss Lusk attempted to choke D. S. . Tullar. acting district attorney, but was overpowered 'and led screaming irom lue counrvom. "It's a lie! It's, a He against me! He lied!! she screamed as she sprang at the throat of the prosecutor. The verdict carries impiisonmenct w . .. a i ii J -a couapaea urueu io jury - tired and her condition became sucn on returning to the Jail that It 're quired nearly half , an hour to re turn her to the courthouse when the Jury reported a verdict, ; - i-. Demands Max linum penalty. i- Walter D. Corrigan, for the prose cution, and James Clancey for the defense, delivered the closing argu- .miiitli Xr fftrriMti In dnnaitdlnt fnm miTixdm ricniitiv declared that neither Dr. David Roberts or Miss Lusk was on tria for their relation ship and that the only question to be decided was responsibility for the death of an innocent woman. Mr. Corrigan argued that the words and actions of the defendant proves her wine at the time of the shooting., Mr. Clancy cited the stories told i. on the witness stand by both Miss , Lusk and Dr; Roberts, as the best ' proof that the defendant was insane arguing that a woman of her admit ted social and educational attain ments would bei incapable of the things revealed If she were sane MiM Lusk listened to the dosun argument of the state- with hardly a trace of emotion but broke down completely after the case had gone to the Jury and sobbed in her fath . ' cr's arms. ' ' " . "' . Men Iratf (iir Away. Grasping the throat of Mr. Tullar, who is more than 60 years old, she snook him back and forth in his chair at the counsel table until sev era men dragged her away, when she tainted. Recovering several minutes later- j torneys attempted; fo lead her from . I. . v.... Vail. Inmhllnv hnll t her face, as she was dragged away ! screaming: "That man's son lied! F He lied! He lied my life away. Mau- ' -.. T .. 1 1 .... Ufa avlv'" Several hundred spectators, mostly women, stood with tears streaming ' down their faces daring tne outbreak The twelve men on the Jury stood In their places with? ashen faces as though paralyzed and shrunk away from 1tam T nalr cha wn toil ItASt the Jury box. . $ Tullar In 111 Health. Maurice Tullar. now in a sanitar ium because of ill health, is the dis trict attorney of Waukesha an?-at 1 1 id i ueiu iuui ujo . i shooting of Mrs. Roberts, he obtaln- ed a statement from Miss Lusk in which she said she reallred why she shot Mrs. Roberts, but could not un derstand how she had done It so calmly and deliberately. D. S. Tullar was appointed special TiroackA ti j.w n4 Ka tptnl Vita crn wrtri v. uhm ni t,l7 II la yj ins 3aa v ! was nnahle to act because of his' Ill ness. The elder Tullar took little fart in the case. 'leaving Its active j direction to Walter D. Corrigan. of J Milwaukee, who had been apointed prosecutor. : ' . ' Showed Little F.motlon. When the case was Riven to the Jury Mis Lusk,, who had shown lit tle emotion during the day. broke ; down and sobbed hysterically and it . was only after restoratives had been t applied that she was able to ret back : to the courtroom when the Jury an- ,nouaced that it was ready to report. , More than a hundreU persons wei waumg tne verdict in tne aimiy (Continued on page 2) British Steamer Sunk In Mediterranean :10l Lost IXJNDON, Mar 2dJ The British steamer Leasowe Castle has been sunk by an enemy submarine, the British admiralty announced tonight. One hundred and one persons vere drowned. f ' . The Leasow Castle which was of 9737 tons gross, was sunk in the Mediterranean on May 26. Among mose wnoiost their lives were thir teen military officers and 73 soldiers of other rank. YANKEES HOLD NEWLY-GAINED CANTIGNY LINE Positions Consolidated Re newed Counter-Attacks of Germans Repulsed GAS FAILS TO FRIGHTEN Three Attempts Made With Deadly Fumes Are Total Failures for Huns - WASHINGTON. May 29. Consol idation of positions taken yesterday by the Americans in the Cantigny sc- counter - attacks is announced in Gen- eral Pershing's 'evening communiaue issued tonight by the war depart- ment. It also tells of the repulse last night of three raids in Lorraine in which several prisoners were taken and a number of the enemy killed. Make- Three Kf forts. WITH. THE AMERICAN ARMY IN PRANCE, May 29. The enemy launched another heavy gas attack against our troops in the Luneville sector early this morning and at tempted to reach our line in three places. They were repulsed with comparatively heavy losses. The first attack, made two kilo meters southwest of Premenil. broke down under the fierce machine gun fire from the American trenches, the Germans retreating. Both the Amer icans and Germans fought in gas masks. Soon afterwards the enemy put down a heavy barrage a kilometer to the west and 14 Germans managed to penetrate a trench In which the Americans on Monday were subjected to a gas attack and who were fight tng mad. r Fighting IInd-tof land The Americans emerged from their dugouts and hand to hand fighting, which was bloody for the Germans, ensued, the Americans going for the enemy with knives and bayonets. The Germans had been ordered to take prisoners at any cost, but they failed to get any. The American losses were Insignifi cant. The enemy lost allAhe 14 men who penetrated the American posi tion nine having . been killed, one having died of wounds and four hav ing been made prisoners. HAWLEY URGES RIVER BOATS Transportation by Water Is Declared to Be Policy of Economy (Evening Telegram) WASHINGTON, .May 29. Con gressman W. C. Hawley has sent a letter to Director General G. McAdoo regarding water transportation and urging .the greater use of river craft whenever possible. He says: "The government has expended considerable sums of money in the improvement of rivers for the pur pose of assisting in the movement of commodities, and I have received from captains of boats, which have been operating successfully In the past on some of the rivers in Oregon, this suggestion; . "That the government use water transportation for the movement of local freight wherever possible, and for the movement of freight for long er distances where time is not an Inv portant factor. This plan will re lease a. large number of trains for use In carrying commodities which cannot be transported by water. "For instance, the government has improved the Columbia river by two systems of locks, opening a long stretch f the river to navigation. This stretch of the river is tributary to the great wheat-growing section of the Pacific Northwest. A large vroDortlon of this wheat is shipped to Portland. 'If this wheat could be sent to Portland by water It would release many trains for other wori. "Doubtless conditions similar to thosej in the paciHc Northwest obtain in many other wction3. I respect fully submit this for your considera tion.?' THE WKATHKK. Fair; moderats westerly winds. M'CAMANT TO QUIT BENCH FOR OFFICE Supreme Court Justice An nounces That His Resigna tion From Supreme Court Is Effective June 4 CHARLES A. JOHNS . TO FILL OUT TERM Governor Withycombe Pays Tribute to Both Men in . - Formal Statement Associate Justice Wallace . McCa mant of the Oregon supreme court yesterday announced that his resig nation will take effect June 4. Im mediately after Justice McCamant's announcement. Governor Withycombe said that Charles A. Johns, nomi nated for the position by the Repub lican party at the primaries May 17, will be appointed the day McCamant's resignation goes Into effect. The term expires January 5 next year. In , his resignation Justice MeCa mant follows out plans made known by him several months ago when he said he would resign soon after the primary election so that he might re turn to his private law practice in Portland. A few days ago Governor Withycombe said that upon McCa mant's resignation he would appoint in his place the successful, candidate for the Republican nomination in the primary election. Johns won the nomination over Percy R. Kelly of Albany and John S. Coke of Marsh field, j Mrfamant Named by Governor. McCamant was appointed to the supreme court bench by Governor Withycombe early In 1917 to fill a vacancy caused by the death of Rob ert Eakln. In resuming his practice in Portland, .Judge McCamant will be associated with Earl C. Bronaugh and W. Lair Thompson und?r the firm name of McCamant, Bronaugh & Thompson. Financially, he con siders the step a wise one and anoth er reason given is that he -prefers the freedom of a law practice to the con finement of the supreme court cham bers. Justice McCamant has stood for a simplification of the supreme court procedure and has been Instrumental in bringing this about through being appointed by the court to propose cer- j tain amendments to the court, rules j His report to the court was adopted last Tuesday. Announcing his . resignation. Jus tice McCamant made the following statement: , Obligations Acknowledged "In resigning my office I ; desire I to make public acknowledgment of my obligation rto. Governor Withy combe forJ the honor he has confer red upon me; to the other members of the court for the uniform kind ness with which they have treated me: to my brethren of the bar whose ability and. research have greatly as sisted me in the performance of my duties; and to the people of Salem, from whom I have received many courtesies. Governor Withycombe made the following formal statement: "While I have known foT some time that Justice McCamant contem plated leaving the bench It Is with regret that I think he feels it neces sary to retire. He has been a tower of strength on the supreme court and he has leff a record of which he. the state and the court may well be proud. Mr. Johns will come to the court with matured Judgment and 35 years of experience in the prac tice of law which should well equip him for the duties which he faces." Charles A. Johns, who is to sue ceed Justice McCamant on the bench. is a' native Missourian. having been born In Jackson county in 1857 When an Infant he was brought to Oregon by his family, the trip being made by water. The family arrived at Salem on Christmas day, 1858. and Mr. Johns has lived in the state con tinuously since that date. The edu cation of his early years was received in the schools at SeJo. Unn county. Later he matriculated with Willam ette university and was graduated with the class of 1878 with the de gree of bachelor or arts. He took his master's degree in 1881: For Marion fVunty Official ' One of Mr. John's first associa tions with public office was as depu ty sheriff of Marion county under TSheriff J02 Baker from 1878 to 1860 As a law student he entered the of fices of B. F. Harding and AV. II. Holmes and In March, 1881. he was admitted to the bar. He practiced law in Dallas, Polk county, and Gov ernor Moody appointed him county Judge. . While a resident of Dallas he was married to Mabel Ellis. In May. 1888. Mr. Johns moved, to Baker City. He served that town four terms as mayor and was a mem b?r of the school board for 21 con secutlve years and served three terms as a member of the state school text book commission. He moved to Port land in April. 1912. Mr. Johns has practiced law in Oregon for thirty seven years, ' Grippe Epidemic Continues To Spread Through Spain MADRID. May 29. Toe grippe like epidemic continues to spread. There are 120.000 victims in Madrid. King Alfonso is still in bed with the malady, but his condition Is not dangerous. The population believe the disease was brought to Spain "by German submarines as there are cases among crews of Interned undersea boats. Many persons hold the opinion that it had been spread by micropea blown by the winds from the battle fronts. MURPHY SOUNDS EMERGENCY CALL Board Will Meet Next Month and Be Asked to Provide $50,000 for Penitentiary With only about $12,000 left in the maintenance fund of the state penitentiary. Warden Murphy finds it necessary to sound an emergency call, and some time next month the state emergency board will be called and asked to declare a deficiency in the fund and provide 850,000 to mh the remainder of -the year. The re maining $12,009 wil serve until about the midde of July. The legislature of 1917 appropri ated a maintenance fund of $180,000 For the previous biennium the 1915 legislature appropriated $178,000 which resulted in ft deficiency of $22- 000 which was provided for at tha. last session. To the Increased salaries and weg- es paid employees and to. the higher cost of all kinds is attributed largely the necessity of calling for more funds. . The penitentiary- apparently will be the first of several stje in stitutions that will have to rely up on action of the emergency board to carry them through the remainder of the year. ; War Industries Board . . Formally Created hy Wilson WASHINGTON. May 29. Under an executive order announced tonight President Wilson formally created the war Industries board as a separ ate administrative agency to act for him and under his direction, with all the duties and powers informally conferred by the president last March in a letter to Bernard Barucb. chairman of the board. MOORE CANNOT ' DRAW SALARY OUT OF STATE Olcott Upheld in Stopping Pay of Official of Hygiene Society $250 MONTHLY INVOLVED Work at Washington Not Di rectly for Benefit of Ore gon Soldiers In support of a recent ruling made by Secretary of State Ben W. Olcott. Attorney General Brown, in an opin ion submitted today, holds that the salary of H. IL Moore, executive sec retary of the Oregon Social hygiene society, is not payable by the state of Oiegon during the time Mr. Moore is located in Washington, D. C, and employed as secretary of the com mittee for civilian co-operation In combatting, venereal diseases of the council of national defense. The attorney general's opinion re lates specifically to the claim of H. H. Moore for salary ror tne monin of March. 1918. amounting to $250. This claim was drawn on the special deficiency appropriation of $10,000 which was authorized by the emerg ency board on October 10, 1917. The reeolution covering recites that it "shall be expended on the recom mendation of the Oregon Social Hy giene society, for moral uplift and sanitary work In connection with the different camps where Oregon citi zens are in the service of the army and navy of the United states." Mr. Olcott held that unless a show ing should be made that Mr. Moore's work in Washington was directly In the interest of ' Oregon citizens In the service or the army and navy of the United States," the same could not be paid from funds of the state of Oregon. -Replying to his rul ing. A. F. Flegcl. vice president of the Oregon Social Hygiene society, fullv exnlained the nature of, Mr. Moore' work in Washington, and up on thl showing the attorney general based his opinion which follows in Part: "Permit me to emphasize the fact that th' Question you have submitt ed o me for interpretation Is one of law alone. It is the sworn duty of the attorney general of the state or Oregon to advise the officers of this (Continued on pa go 6) ASK NATION TO BUY ONLY NECESSITIES President Appeals to People to Help Save' Materials and Labor forWar Purposes NEED VOLUNTEERS FOR NATIONAL THRIFT DAY June 28 Set Aside for Sys tematic Purchase of Say ings Stamps WASHINGTON. May 29. To save materials and labor for necessary war purposes. President Wilson to day appealed 10 Amerilans "to buy only those things which are essential to the Individual health and effic iency" and two tolunteer on or before June 28, national thrift day, to invest systematically In war savings and thrift stamps, or other government securities. "This war is one of nations not of armies," said the president, and all of our 100,000,000 people must be economically and industrially ad justed to war conditions if this na tion Is to play its full part in the conflict. The problem before is not primarily a financial problem, but rather a problem of increased pro duction or war essentials and the saving or the materials and the la- ,bor necessary for the support and equipment or our army and navy. Thoughtless expenditure of money for non-essentials uses up the labor of men, the products of the farm.! mines and factories, and over burd ens transportation, all of which must be used to the utmost and at their best for war pat poses. - Participation From AIL "The great results which we seek can be obtained only hy the partici pation of every member of the nation, young and old. in a national con certed thrift movement. I therefore urge that our people everywhere pledge themselves as suggested by the secretary of the treasury to the practice of thrift; to serve the gov ernment to their utmost in Increasing production Ihal! fields necessary to the winning of the war; to conserve food - and fuel and useful materials of every, kind; to devote their labor only to the most necessary tasks; and to buy only those things which are essential to individual health and efficiency; and . that the people, as evidence of their- loyalty, invest all they can save in liberty bonds and war savings stamps. - "The securities issued by the treas ury department are so many of them within the reach of everyone that the door of opportunity in this matter Is wide open to all or us. To practice thtift in peace times is a virtue and brings great benefit to the Individ ual at all times: with the desperate need of the civilized world today for materials and labor with which to end the war, the practice or indi vidual thrift Is a -patriotic duty and a necessity. Slust Continue Economy. "I appeal to all who now own either liberty bonds or war savings stamps to continue to practice econ omy and thrift and appeal to all who do not own government securities to do likewise and purchase them to the extent of their means. The man who buys government securitlei transfers the purchasing power of his money to the X'nlted States gov era merit until after this war and to that same degree does not only buy in competition with the government. "I earnestly appeal to every man. woman and child to pledge them selves on or before the 28th of June to save constantly and to buy as reg ularly as possible the securities of the government; and to do this as far as possible through membership In war saving societies. The 28th of June ends this special period of en listment in the government volunteer army of prod act ion and saving here at home. May there be none nnen- listed on that day." NO GERMAN FOR SCHOOLS NEW YORK. May 29. The board ot education voted unanimously to night to discontinue teaching ot Ger man in the public schools for the duration of the war.. . ' ' THREE BODIES MISSING WATERLOO. IA., May 29. Three bodies remained in the wreckage of the Illinois Central train at Arling ton, according to officials In charge of the wreck. Seven are dead and 32 Injured, a majority only slightly, and it is not expected the list will be Increased. : f Seven of the eight mail clerks have been accounted for. VOX KESSEL IS DEAD AMSTERDAM. May 29. General on Kessel. military commander of Berlin, died suddenly at his home yesterday, according to advances from Berlin. ' - Policy of New Express Combine Fair Treatment WASHINGTON. May 29. The new express monoply eteated by merging the Adams. American. Wells Fargo and Southern express compan ies under agYieinent wuh Director General McAdoo will have as a fore most policy the fair treatment of shlppeis and the public George C. Taylor, president of thi combination, announced today. . Mr. Taylor, alio promised wage increases for the 100, 000 employes. FUGITIVES ARE CAPTURED WHEN POLICE ARRIVE Robert Burns, "Hard Boil," and Charles Potter Make Break From Prison NEW GUARD IS MISLED 1 Two Convicts Walk Away With Shovels on Shoulders As Ruse Responding to a harry call from Warden Murphy of the state peniten tiary, a dozen members of the state military police under Major Delcb ar rived here In automobiles at C o'clock yesterday afternoon and within an hour had rapt n red and returned to the prison Robert Brans and Charles Potter, two convicts who escaped from the prison brick yard a few hours before. The two convicts were taken while hiding In the brush along Mill creek one mil from the prison, and the capture was made by Richard Pickert, a member or the second company. Neither of the fugitives was armed. Barns Is aiardbolL Burns was convicted in Multno mah cdunty for forgery to serve from two to twenty years. He Is 33 years old. Potter was sent up from Baker county for Larceny. He Is 25. Burns has done time In the peniten tiary or another state and prior to that in a reformatory, tie Is con sidered a "hard boil." and had he been able to obtain arms It is belev- d he would have been an ugly man capture. Last August, with another convict, he escaped by cutting through the prison roof, climbing to the ground by a rope dropped be tween the windows of the front office in daylight. Potter, several years ago was In custody for some time in a Washington' state reformatory. Warden Murphy gives credit to the state polce or the capture yesterday. "It was the first time we have had men enough to hunt for fugitives la the woods," said the warden. "I was sure we had the two men sur rounded with the prison posses and the exif blocked, but because of the dirricuty of hunting In the .brush I called the police. Upon their arrival a skirmish line was formed and Burns and Potter were soon taken.' Take Advantage of Guard. In making their escape Barns and Potter took advantage of a gun guard who was new on the job. As a blind they walked ahead or the brickyard crew with shovels on their shoulders, making It appear that they belonged to the pit crew, and were able to place considerable distance between themselves and the guard before they bolted. The capture yesterday was the first that has been made by the state j police. 1 WAR SUMMARY In their violent attacks on the 30 - mile battle front running from So Is - . . sons eastward to the region north west of Rheima, the German arm-j fies continue to force back the French and British on nearly every sector. The fortified town of Soissons. the extreme left Hank or the allied bat tle line, has been occupied by the enemy, although the French still holding tenaciously to Its western environs, though which emerge the railway lines leading to Paris and eompelgne. . - According to the German official communication 2 5.000 prisoners. among them . French and British general, have been taken and num erous additional towns and vantage points along the front have been captured. Seemingly Rheims like Soissons, also is doomed to fall Into the hands of the enemy, as the French war of fice reports that the troops covering the famous cathedral town. have been withdrawn behind the Aisne canal to the northwest. On the sector directly southeast of Soissons the Germans now are fight Ing approximately twelve miloa from where they started their drive Mon day from Vauxalllon. while further east, near Loupeigne and In the cen ter Jn the vicinity of Savlgny. wedges have been driven Into a depth of ap proximately fifteen miles. The Germans continually are throwing fresh divisions Into the battle, but tho British and French GE1K CONTINUE FORWARD Berlin Claims Capture of 25,000 Prisoners Including One French and One British General on Aisne Front Resistance Stubborn HEAVY FIGHTING ON BOTH FLANKS OF LINE Overwhelming Onslaught Met by Thin Ranks of Allied Troops Soissons Evacu ated , BERUX, VIA LOXDOX, May : The amber of prison s taken by the Ornuuta om the Afamo battle fremt has bHiimd to 23,000. aaya the Ormaa official com aalomtion Lwaed today. .The prinoners Include ope French aad one English geweral. WITH THE FRENCH ARMT IN FRANCE. May 29. The Germans ad vanced against the French lines again today after throwing further masses of troops Into the battle Both Tanks of the batue lines were the so r.e of very heavy fighting by Inferior num bers against superior, with the result that the allies were obliged again to cede ground at several points. Besides Von Boehm's and Von Bne- low's armies, many divisions of Von Hutier's troops were engaged. These especially trained units had partici pated In the first rush on March 21 and had since then been re-coastl- tuted. An enormous number of light ma chine guns were employed by Germans as well as a large fleet of . tanks and much heavy and light ar tillery, while tlfe German aviators were extremely active. From the plain towards - Juvln court, Villeaux Bols. Pontaviert and Berry -aa-Bac. numerous tanks came Into action. For a considerable time the thin line held out but as the en emy debouched, wave after wave, the French and British almost submerg ed, fell back slowly, getting across the river. . Several British officers afterwards sacrificed their lives In destroying the bridges. Troopa Lose Ridge. Almost simultaneously overpower ing enemy forces made their way to the top of the Chemin-des-Dames ridge and also to the western . end of this road in the neighborhood of Chavlgnon aad Malmaison and the troops holding these points were obliged to recede. The allied movement to the rear was executed with the greatest pre cision; there was no disorder and all the units kept in constant lalson. In the direction of Solasons a read justment of the front line became necessary, in consequence of the f ail ing back of the center where the Ger ( Continued on page 2) i troops are keeping up their tactics of 1 giving ground only when It Is lui- - ... . possioie monger to noia positions end- er the tremendous pressure of the enemy. Heavy casualties are being suffered by the army of the Ger man crown princ. while the losses of men to the allied forces are describ ed as relatively light. Although unofficial reports have mentioned the rushing up of rein forcements from the south, there has as yet been no official statement that General Foch is sending in his re serves. Of almost as great Interest as the Aisne battle Is the situation around the little town or Cantigny. where th Americans made a notable gala In their first -selo" attack against the Germans Tuesday. Numerous counter-attacks have been launched against tho Americans holding Can tigny and the outlying positions, but all or them have met with the same raults failure and the loss of many men killed or wounded. Unstinted praise has been shower ed upon the Americans by military crficers for their dash and daring. - Still another defeat Las been in flicted on the enemy by the Araerl- ans tbls time far to the east, in the Toul sector. Here the Germans let loose large quantities of gas near Bremen 11 and delivered an attack, which the Americans shot to pieces with machine run. Later, on an other sector, under a heavy bsrrare fire, fourteen Germans man 1 red to Invade an American trench. None of them returned. v