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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (March 24, 1923)
: - - ' mmm mm. is Judge Called Conference With f Attorneys for State and Jurors Defense Not Invited. STRICTEST SECRECY. ORDERED BY JUDGE Birth of Radicalism I in Ger many Told by, Witness for Defense. t ( By The Associated , Press. ) The state's case . against William Z. Foster, charged with criminal syndicalism is based partly on discarded programs and policies of the communist party which had inot been In circulation for Ka1d In thia rtiint-r last AncnRt Charles E.Ruthenberg, a defense witness testified today. I jRiithenbergi executive scretary of the Worker's party and for mer 'member of the Central Ex ecutive committee of the Com' munfet party' of "America was ar rested when-the convention was raided, and is awaiting, trial. Jnry Said Tampered. Ha testified under examination . by Prank P. Walsh, chief conn 3el for Foster, that the program , ind constitution of the Commun ist ' party , of ... America, Introduced In : e-vldencA h-vl th a . stain ha.it ft . . I ' . . " . . m Deen: aroppea at . least ve 1 month's before--'-the-.- committee. Ruthenberg said he- wrote .the report of (he . adjustment com . mittee, 'presented' to the conven tion by the' advocates of aband ground communist organisation in favor of the legal workers party- " He; testified that when the convention voted : on the ques tion, j the advocates of - the legal organization were defeated by one vote,, they casting 22 votes against 23 cast by the so-called "goose caucus" composed of the radical extreme left wing. Rumors that an attempt bad been made to tamper with the jury were eurreni aoont courthouse tonight after court adjourned at" -the close of the tie'cond week of the trial. "All the principals in the case refused to talk, however. Judge Charles White, who held a has tily called conference with . attor neys for tfe state and then clos eted . hlmseJ f with the jurors for five ' minutes, said he could an swer no questions. . i The attorneys for the -state said : the ' Judge had ' enjoined strictest i secrecy.' Foster's - attor neys. were not Invited to the con. ference. ' , Ruthenberg spent two and a half hours on the stand this af ternoon and was . still undergo ing direct examination when the court adjourned for the week. Qualifying over the 'objections of the state as an expert on libel and radical thought, lie was per mitted? to give the Jury a. history of the! revolutionary ' movement for the last years. .City of Vashougal ts Threatened by Big Fire iwashuuoalh; vasn aiarcn 21.- The Washougal Woolen mills , were threatened .with . dis traction early this" morning- by fire which also was menacing the whole city of WashougaL At 1;30 a. m. 'it was "said that the scouring building which adjoined the drying room where, the blaze started, practially .was . destroyed. It was Impossible to estimate the loss althqugh it was delared that toouands of dollars . Worth of Property already had -been de stroyed. - ,-. THE WEATHER r OREGON: Rain Saturday. LOCAL WEATHER : (Friday) ... ,' Maximum' temperature, 54. Minimum temperature, 34. River. 4.4, falling. Rainfall, .01 inch. . , Atmosphere, partly cloudy. Wind, east. MYSTERY SURROUNDS MURDER OF MISS DOROTHY KIERNAN V ' Another irreat murder mvsterv with thd hnVVif iirh-nf xoaaway, caDarets, ana, an unconventional way of livinjj as the background is now attracting the blase New Yorker. In a few short hdtirsT davs dr weeka.it will rw fnromffM nt iraW Miss Dorothy King or Kiernan, iiai muraerea and the police of more than a score of cities are looking for the-possible murderer.' : Photo-shows a studio like ness oi tne girl. , ; : PIUTES STILL Little - Band of Renegades Expected to Surrender Soon, Say Dispatches. . SALT LAKE CITY, March 23 With a further diminution of their numbers by capture, the renegade Piutes . are sill 1 holding out in their retreat in dark tank canyon, but an early termination of the struggle is apparently in.slght, ac cording to- dispatches from San Juan county. The second fight since the trouble began occurred late last night. An Indian known' as Cow boy Charley's boy, was shot and killed. Nina others were captured, but five of, the number broke away from the little group escort ing them to Blanding and rejoined the band In the canyon, Chief Old Posey commanding the recalci trants. -. Captives Are Problem, v ' The problem before the .whites is what to do with their captives, i The Piutes have no fixed place of! - ( Continued on page 6 ) HOLDING OUT SOMETHING FINE FOR ALL : IN. PROGRAM OF SYMPHONY ORCHESTRA AT THE ARMORY One,, almost hated himself for being an American when the Sym phony orchestra struck up the splendid big FolkungerCoronation march at the armory last night. No American can ever be crowned tt such - style as they do it in that massive production. Regiments of heavy-footed soldiers, eyes to the front -and a spear in their throat If they. so much as bat an eye; a thousand 4 red faced trumpeters, blaring out the coming of the king nithundrous din: gaily caparison? ed horses, huge, shod and armour ed 4 n steel, each with a steel-clad warrior astride his ample back; ong rows of silent, pop-eyed popu laceand then, the King! Ah, the King! i If It were but I for whom they shout and shatter 'the air! 1 But' it never comes to any American; and because it can't ever be. why not hate the doctrine Of equality,", for just a few minutes?-. ' . t The Coronation number was the really big number of the .program. There were other dainty numbers. .1! whose body wa3 found in her - v . TARIFF HELD deduction Held Necessary if Prices of, Product Are to Tumble Down. ,' WASHINGTON, iMarch 23, - Contending that .the ''present run away sugar market dominated by profiteers, owes its chief un derlying original, causa to the tar Iff -price boosts," Cordell . Hull, chairman of the Democratic . na tional committee, today advocated a 50 per cent' reduction in sugar duties. . . . ' t, ; ."President Harding has in his hands the most " immediate' and potent single remedy for the rei lief of the sugar situation' said Mr. Hull, adding that the presi dent should direct the tariff com mission if necessary to make an immediate report to the end that the reduction could be put Into effect by executive proclamation Statement f Camtes Rie. . ; Basil M,' Manly, director of the People's Legislative service,' who announced several days ago he f (Continued on page 2) grotesqueries. hard visaged num bers, pieces with daggers in their boot-tops and slingshots v hid up their sleeves; beautiful, harmoni ous numbers that sounded like mother's lullaby after a day of illness and the pain just now gone. There were sprightly numbers that tripped over the grass like fairies or spirits. There was the beautl. ful Angelus. the .solemn evening bell 'story told In music by Mas senet; sq beautiful that It hurt. It was like the. Lost Chord, that "trembled away Into silence," and lert only beauty and 1 longing in its wake. " There ' was the "Dutch mill," which- gave every clatter and squeak - and ' groan of . the old wooden windmill; with the clat. ter - of tbe wooden . shoes of the miller as he tramped stolidly up and. down the stairs, and there were some flaxen-haired, blue eyed little millers that laughed and . crowed , and pattered their ' (Continued on Page 8) sue mm FREEDOM OF AIR TO BE CONTESTED Eyes of Radio to Be on Case "Between Wireless Operator , and Banker. . JOLIET. 111.. March 2 3. The first court fight over the freedom of the air will take place at the Livingston county court house at Pontiac, near here, at the Apri term, it was announced tonight 'Edward McWilliams, wealthy president of the State bank of Dwight, last November was grant ed a y temporary injunction re straining G. Wylie Bergman, 18 years old, an amateur wireless op erator at Dwight, . from using his broadcasting station because It is alleged to . have interfered with the receiving of radio telephone service in the McWilliams home The eyes of the1 radio world will be on the case and men of nation al note from all sections of the country, including Herbert.. Hoo ver, secretary of commerce; Mitchell Lewis, machine gun man ufacturer, - of New. York, -and Hiram Percy Maxim,' president of the American Radio Relay league. have signified their intentions of attending - the ' hearing. V s Saunders Sells Shares, at $100; Many Take Advan ;tage of Lower Price! - NEW , YORK; March 23.-F&- gly . Wiggly. one of Wall ; Street's leading topics for the past few days, virtually dropped . out' of sight today, when a majority of those caught "short" Tuesday when trading in Piggly. .Wiggly Stores, Inc., class "A" common stock, was suspended on the New York stock exchange, settled their account's' on the basis of the 100 jof fer made by Clarence Saunders, president of the cor poration. While accurate information as to the number of shares delivered to E.r W. : Bradford, counsel for Mr. Saunders, was withheld, it was stated i that by far the larger number of the "shorts' took ad vantage of the lower offer. Yes terday they were required by Mr, Saunders to settle Vat;' $150 ex cept' when they were able to find stock on the outside at prices ranging from $110. to $145 Market Drops . A few sales were made fn the early forenoon today, at $125 to $135, previous to receipt in New York r of Mr. Saunder's instruc tions to the National Bank . of Commerce, where he had a icon siderable ' supply . of the stock, to permit the"shorts' to buy it for delivery to his attorney at $100 a share. The outside market drop- pd with that announcement to $90 bid and $100 offered. Most of those who were short in the stock however, visited the Na tional Bank of Commerce and bought Mr. Saunders' stock at $100 immediately delivering Mr. Bradford. to EM TO BE REFERRED Automotive Trade Associa tion Makes Attempt to Kill Additional Levy., The referendum was yesterday started. against the additional gas oline tax that was enacted by the recent session of the state legis lature, increasing the present 2- cent tax to S cents. ... The referendum is being invok ed, according to notice filed with the secretary of state this after noon by the Oregon ' Automotive Trade association, of which M. P. Cady of Hillsboro" Is president, C. H. McGirr of Portland vice-presi dent and Ralph JPI. Stachli of Port land secretary, The secretary of state is request ed to. obtain a ballot title for the referendum from the attorney gen eral and to furnish the associa- ( Continued on page Z) HDRT5 TIE STOCK OFFER G 1 ACTRESS TO - ACCUSATIONS Stella Larrimore, . One of Three Co-Respondents to Appear Personally in Di vorce Case. TELLEGEN REFUSES . . TO DEFEND HIMSELF Private Detectives Hired tq Trace Husband Tell of Happenings. NEW YORK, March 23. Stella . Larrimore, the 19 ,' year old actress named as one of. the three co-respondents in testimony given by witnesses for Geraldine Farrar in trial of her divorce against Lou Tellegen, will appear personally in the case and prgve her - innocence of the charges against her, Louis Brodsky, her attorney, - declared today. Private detectives employed oy the former Metropolitan Opera star-to watch the movements of Tellegen have testified that he spent any hours in her Riverside drive apartment and once stayed al night. They also described a scene' on a bench in Riverside drive park after 'midnight. ' Miss Larrimore then was re ferred to In the testimony as 'Miss L.! . r ? i Sister to Testify ' The other young women nam ed -as co-respondents -"were Miss Lorna Ambler,; an Australian actress "of striking beauty" who was . allenred to have spent Is month of bliss" with Tellegen in a shack facing the sea on Long Island, and a Miss Clif ford of San Francisco. ,.Mr.' "Brodsky :. appeared before Referee Mahoney at a hearing of the case today and was grant ed an adjournment of a week in which ito : study the papers. ; He declared ' Miss Larrimore,; who is sister of Francine Larrimore, Broadway : star.t desired to tes tlfy . and , would answer frankly anyK questions, put to her. Mr. Brodsky referred to one of the charges against Miss Lar rimore as "that 42nd and Broad way bench episode." vXo, Deense Wanted , "There wasn't any mention made of anything happening at 42nd -and Broadway," Samuel lntermyer of counse for Miss Farrar said.. "Well 111th street and River side drive, then," retorted Mr, Brodsky. "What's the differ ence? , There s crowds or. peopie passing .both places all the time.'; Mr. Brodsky claimed that Miss Larrimore had never been given a chance in the case. Counsel for Miss : Farrar knew - where Miss Larrimore was but did not ( Continued r on page 2 ) F Men Become Lost and Al most Lose Lives; Refuse to Answer: Questions. NEW YORK, March 23. Five men believed to ' be - stowaways umped from -the deck of the sfeamship ; Emden when she ar rived in ; quarantine from Ham burg tonight and attempted . to swim to shore buf became lost af ter an hour .in the murky dark ness and finally were reached as their strength was expiring. Three of . the quintet were found, far. from their goal by a po lice boat, doing Its. regular patrol and the other two, shreiking wild ly for help, were pulled - out of the water a short , distance from shore by men who happened to be on the, docks. The trio In care of the police lapsed into uncon ciousness when taken aboard the cutter. - While awaiting : an ambulance from Staten Island hospital, an in terpreter , tried to - question the other two . men buf they refused , to answer. 1 'A A. Mill OS JUif DM Ml SHIP HARDBOILED JS RETURNED BY MOTHER Paroled Convict Draws Gun on j District .Attorney t Then Locks Him in Jail. EUGENE, Or., March 23. Rex Shields, 23, of Junction City, who ' according to 'the records in the office of the sheriff here la a ' paroled convict from' the Ore- gon . State penitentiary, this af ternoon stole a revolver fn the office of the- district attorney where he was being Questioned in regard to an alleged automo- bile theft and when Deputy Sheriff Rodney Roach went to lock him up in the county . jail he drew, the gun on the deputy. locked him up in the corridor of the jail and disappeared down the street. Shields' HbertyTwas short lived. 1 A few minutes af terward his mother . brought him back and he was locked up. FILLS O WE Man Murdered in Herri n Riots Said to Have Been Vet of Many Battles. MARION, I1U- March 23. (By The Associated Press.) The record of a soldier, a vet eran of the Somme, St. Mihlel, Meuse and Argonae, who came an unmarked m-ave. was offered tn mute evidence by the prosecu. tion in the Herrin riots trial to - day 'ana,; them ; wttnarawn aner a lengthy legal battle. ? ,;. : Offered to establish beyond all doubt the identity ; of ,Antonio Mulkavitch, in connection with whose slaying Hugh Willis. . state executive member of the Unitea Mine Workers of America and five others rfiow on trial, the re - cord ; was contained in a strain - ed, honorable discharge from the army iouna on me Doay oi.tne one Df the 25 victims of the tragedy. The defense objected to' the exhibit, which showed that Mul - kavich was a former member of tha 3flAtti titP'Tinl fnma SfltTi Hiv latin nn tha trwtnnf tha hil not oeen provea tnat u was en off the body and that If it were taken oif anotner ooay, "1 would prove notmng but wouia bring before the jurors f acts which would create prejudice. , Discharge Questioned , Judge D. T; Hartweir remark - ed that he thought the identity of the victim had been suffi - ciently proved and that the ex - hibit was improper" It it fleslgn - ed to bolster up the character of the dead man. t George Stone, of the defense, asserted that the name Mulka - vlch was spelled In different VETERAN ways In the discharge And in thane. indictment and that there was absolutely no evidence of the genuineness of the document. Judge Hartwell finally ruled that the only thing making the discharge material was the ques tion of identity, and that being admitted, there was no material ity to w the discharge and that was then withdrawn by the state. The court adjourned until Mon day morning, the state indicat- rter earn two morA wn.: BRIDOiU: FINED D RELEASED?- . ni i ,i. i tn I Wf f .harjrpc in I nra D-!t rA..- . I TUllOe OUUIli jonn raui uranaon wno was arrested by Chief Walter liirt- chet 'late Thursday . night junction vuy, iouowing an ai- tempt to get to Eugene via taxi i after a wreck with a Salem streetcar, was released yesteraay i afternoon alter being fined i uw by Judge Martin Poulsen 'In the police court, v Brandon when arraigned ' ' IP the municipal court pleaded guilty to two -charges, one ot driving a car while . intoxicated, the other of having Intoxicating liquor In bis possessjon. lie was ?iaed 50 1 . on each charge. ' ' rOrtiand Man neadS bUlltylwith attorneys in the case rela MM, SIOUX CITY, la., March 23.--Sioux-CLty is bein- ini tiated late tonight. Residentsare fleeing in panic . Four hundred homes in the ,Sioux : City "bottoms" r : menaced as the result of the overflow of the Floyd riw I Residents of the bottoms :;.were labandoning . their home. , miangnr tonignt ananeeing river, filled with back water, J result of the ice gorge at I feet since 6 o'clock tonight. Lower floors of six buildinirs situated in the district ; . submerged. Another three kDi oA qj An ,o;loTifialiWVa f WfWirl Should the gigantic ice gorge that has formed off T,: field Is land in the Missouri river south of here go out ten: a wall of water, it is feared, would sweep the lowland for i. miles on Ithe Nebraslca and Iowa? shores. ? There aiv 1?. farms in this area, according to a "conservative timet. . i If OF CULT ...... . .... , . .; j. -i Si ffiSll'E "Code,of Truth" Shown by Witness Jo- Be Help to Serve Any Emergency. GRAND RAPIDS, Mich., Vlarch 23.- Whether, the. witnesses , rep resenting the ; defense were pre hentIn . their , testimony to . the j "key" Introduced aa ;,evldence In 1 the present trial of John W, and Margaret , . 'Hansel , against tha Isrealites llouse 'of David was' one bf the-inquiries directed, to. the i defense witnesses inithe trial here (today by Attorney Walter M. Nel I son for the. plaintiff. I The ' morning testimony had I brought the statement from' Mrs, j Esther Hansel that she .gat on the stand, a. perjurer and a liar be- I cause of the use of the same in strument during her days as a member of the house. Attorney Nelson wished , to know if 'the same code of -truth still prevailed 1 by members of the colony when in I gentile courts I "Key" Is Elastic l In the morning Mrs. Hansell I had testified to the preaching of Benjamin Purnell to her that i "truth out of season is a lie and that we must answer fools accord- ling, to their folly." I During the afternoon Mr. Xel j son read from the key, directing (his reading to Frank Wyiand, an 1 officer of the colony. 1 "But in your answers and this 1 narrative remember the keys: and one is that he ealleth those things I that be not as though they were I So if your answer to a thing that 1 does not exist, it may exist here- I after; and so can call as If already FATE OF TWENTY TO BE Nation Wide Confidence Ring Members Case to Go tQ "Jury Today. DENVER, Colo.," March 23.- The fate of 20 alleged members of ation-wide confidence ring. have been on trial here for the past 11 weeks, will rest in the hands of the jury tomorrow, Attor fnnnHlnc thrnnrhnnt tnrinv .w-..0 o litre to instructions to be given to the jurors. District Judge George Dunkln tnte tndav excused the inrv" until tomorrow mornfnsr. indications are that the case wm h. RUhmittftd tn the. inrv with out argument by either the prose- cutjon or defense. The case came to a sudden and dramatic close vesterdav . after- noon when the defense, after tha Istato had rested, announced that the defense also would rest, and'! (agree to submission of the case to the Jurors without argument Judge- Dunklee will begin his instructions to the jury tomorrow morning immediately., upon the (convening of court and the prote lability. is' that the ease will be In the hands of the Jury fref ore noon. DECIDED TH7 THF 11 JjLiJJ fcliiii to ine mgn grouna. . ine x-1-1 from the Missouri river, as t Sargeant Bluff 3, la., rcse thr v . . foot rise of the river will c:v Jate this afternoon the tir ing waters scored a brief air: tage- They broke a newly fcr. ed gorge above the first gon and swept a titanic mass ia grand assault on the first gon There was a clashing of color forces and rumblings and crea ings. ' The firBt gorge held. IX grand-battering ram became a r inforcement. Tonight' a cold wav is cementing the two masses lz' one huge Iceberg, 10 miles lo and apparently; Impregnable. The checked waters are $pil": their fury over the lowlar l. . and wide, while the Ishall:. are .fleeing.' to higher " rc . many In their haste abas.!;: ' all their propeiiy. Great Flood riireatrj,r J " Backwater from the Floyd i. er which late his afternoon c flowed its' banks, : now cocrs j . eral; residential blocks ia t' City to the depth of one foct. : lice are warning all reid--near the Floyd river to be ; . pared to "move. . r , - It Is impossible to estimate i territory menaced by the gorge. If the gorge cudr breaks and a great' wall or wat Is loosed, it will flood all t lowlands for more than SO nil: south of Sioux City; Another small gorge at Ona la., went out late this aftorcc: lowering the level of the river . that point two feet. The oi was located below ' the' big gc: .. at Sergeant Bluffs. - The water stage of the river : Sioux City at 7 o'clock ton!-1 was 16.4, and at 8 o'clock it . three inches .higher, reach: 16.7. It is slowly continuing i rise. HOMER, Neb., March 23. Desperate, efforts are being r.:. ' here tonight to dynamite an i gorge that has formed la Otr.a: creex ana waica is lareaitm. this town -with a repetition of t: disastrous f lood of 1920. Tl water In the creek rose five fe . between 10 and, 11 o'clock. Enor mous loss is reported from low lands between Homer and D.i- kotah ' City, Neb., swept by Mis souri river flood waters." At' 10 o'clock tonight wat : from Omaha creek was flood ir ; the' cellars of buildings on tl main street. ONAWA. Ia., March 23. : Ice gorge three, miles in length, formed ' four and a half mile i south of this city late today. Th 3 water has risen to flood level and residents, of the bottom ara fleeing to safety. A small gorge which forme directly west of Onawa was cy- namited and broken up this, a ternoon. Officials- believe tz : the. gorge south of this city now too , solid to oe snatiers by explosives. The big gorse i solid mass of mammoth ice bergs. , OMAHA. Neb., March 23.0, thousand head of hogs and head of eattle were swept awa .' by the Missouri flood ' lata tt! evening in a strip of country between Homer, Neb.,' and Dakc tah City, ,Neb., according to f long .distance report to The A soclated .Press . from Home . late tonight. BLAIR, Neb., March 23. Wi loud report, a huge ice For; broke here at 9 o'clock tor.-" and swept down stream. 1. river, which had risen thro f n anhour prior to tho bre -i receded 10 Inches. VERMILLION, S. P., 23. An ice gorge fcas f; liij ll Mil .