Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Nov. 17, 1925)
SEVENTY-FIFTH YEAR SALEM, OREGON, TUESDAY MORNING, NOVEMBER 17, 1925 PRICE FIVE CENTS I'SSOillS YOUNG NOEL CONVICTED; BEiPFOMEUIOF NOMINATIONS FOR 1926 MADE BY CAPITAL POST MYSTERIOUS PROWLERS VISIT TRAINING SCHOOL s RHINELANDER SUBJECTED TO GRILLING ON STAND II COM! . MUST DIE FOR MURDERS UDIEfSiHI B NEY IS REFUSED PUCE FOR PUT TWEXTYEAR OLD SCION OF MACKENZIE AND SMALL TO i ARGUE OOMMANDERSH1P ONE EMPLOYE INJURED WHEN STRUCK BY ROCK PLALVTIFF IN ANNULMENT SCIT CONTRADICTS SELF WEALTH FOUND GUILTY -p I STEhBOCK flffi IT A LIVE 4 : Placed Infant Boy in Grave With Body of Dead Wife, Was Charge MEDICINE MAN IN JAIL Prosrrution Falls to rrove Child Wa . Murdered; Defense Contends Death Due to Pneumonia PUEBLO, Colo., Not. 16 (By Associated Press.) Piatt May. taciturn Indian brave, was cleared of a charge of burying his 17-day-cld son alive la the grave with its mother when Federal Judge J. Tonter Symes directed a verdict of not guilty la the case here late today. , It-was a double victory for the Indian, for he had been caught bei tween the law of the white man and the law of the medicine man. Now. the medicine man is in the penitentiary serving a term of 25 to 30 years and the murder charge against May is annnlled.- Testimony showed that upon the death of his bride, Molly Cut- nair, the brave was ordered to wrap the baby in the burial bias Vet of its mother that they might 1e buried together.. The word of ' the medicine man was law; the injunction of the white man against taking human life also was law, but there was no white, jnan in the Ute camp to enforce the law. May feared the medicine man, according to the evidence, 'eared that he would be killed if ;- he'did not obey him. In addition to that the medicine man. Mor mon Joe, was his father-in-law and the father of his dead bride. May did as Mormon Joel direct ed wrapped the baby In the bur ial blanket, allowed the live infant and the dead woman to lie on the J Ute camp ground throughout an entire cold February night, and' the next day the bereaved husband and father, the medicine man and .another. Ute, interred the laden blanket In a rude shallow grave. The law of the medicine man tad been carried out. Then came the white man, Ed Black, deputy superintendent of the Ute reservation, which is in southwest Colorado, and heard the story. May came to him and confessed. Black ordered him to remain in the care of his mother. while a long report went to E. E. McKeen, Ute superintendent. . Af ter a while more men came and took May away. He was placed under arrest and charged with murder. Today he went on trial. The story of the strange burial was told by McKeen, Black and Susan Cuthcr, mother of the dead bride: Joe Bishop, the third , Ute, who helped with the burial, and Dr Hi. . E. Johnson, who officiated when the -bodies were exhumed and examined. Throughout the case May sat staring at the judge. He did not know the defense at torneys had been appointed by Judge Symes to defend him., as It was the duty of the government to defend its ward as well as to prosecute him. . , .'. Dr. Johnson testified that the baby was suffering from pneu monia shortly before It was pre pared for burial and that if any cause of death could be discovered from a post mortem examination. (Continued ea paf 8) 'POLLYWOGISM' BANNED GOVERNOR HARTLEY SATS PEOPLE ARE RULERS OLYMPIA. Nov. 16. (By As sociatcd Press.) Addressing the Washington sheriffs and; police of fleers association, meeting here in a three , day session,. Governor Hartely declared, "I don't have to pollywog with any one." The con vention opened today. "I want the plain people to know this is their government, Hartley said "Nothing stops socialism and an archy so quickly as to, have the people know that they can come to their government, their govern or, and take up problems in man fashion. . , y j - "This is a new situation for me- I'm not seeking election. am elected and my only worry is will I be able to see and recog nize my full duty? I'm not afraid to do it. i . - "Our important task is to ex pend the people's money careful ly and judiciously, keeping;? in mind the struggling ones out in the open who are providing the money that the , more fortunate are spending. have done my part,- completing my program and presenting it to the law makers and for . the present it is up to them." ;.. . ' , Hartley complimented the shei If fs" and -officers for "your splen did work ia Jaw enforcement," Death by the Electric Chair Is the Only Possible Sentence . Cnder Verdict NEWARK, N. J., Nov. 16. (By Associated Press). Jersey justice lived up to its reputation for swiftness and severity today when Harrison W. Noel, 20 year old Montclair youth, was convicted of murder in the first degree with ho recommendation of mercy, after less than two hours deliberation by a Jury. Under the verdict there is no sentence "possible but death in the electric chair. Noel will be sen tenced by Judge Edwin Caffree on November 23. Noel shot and killed Raymond Pierce, negro taxi chauffeur, on September 3. 1925. Concealing the body, Noel- used the negro's taxicab to kidnap six year old Mary Daly of Montclair from In front of her home. He killed her by shooting her twice in the head and concealed her body in bushes in a lonely- section of Passaic county. He was arrested three days after the murder of Pierce and after 24 hours' grilling made a complete confession of both crimes. Noel had been an inmate of the Essex county hospital for the in sane at Overbrook. N. J., for sev eral months prior to the crimes. The defense in the case charged the murder of Pierce to insanity. The trial lasted five days. Noel, standing in the prisoner's dock, with his head inclined for ward, shrank visibly as the words were pronounced that wilUprob ably send him to the electric chair. RACE WITH DEATH WON TRIP TO BEDSIDE OF SISTER COSTS MAN 10,000 NEW YORK, Nov. 16. (By As sociated Press) After a race with death in a special train for which freight and passenger trains were shunted to sidings, Guy Waggoner, wealthy oil operator at Fort Worth, Texas, was at the bedside of his dying sister tonight. The special covered the 1050 miles be tween St. Louis and New York in three hours less than the sched uled time of 23 hours of the fast est expresses on the Pennsylvania railroad. Mrs. James A. Gilmore, the sister, suffered a relapse Thursday from an old illness. Three physicians and four attend ing nurses decided that her broth er should be called from Fort Worth. He missed connections at St. Louis and ordered the special The trip cost Waggoner more than S10.000. $5,000 ol which went to the train crew. Mr. Wag goner having promised them that sum if they made the run in 20 hours or less. MEN AND GIRL ARE HELD ?p: P P : -r- ' ttr'. LIOUOR BRINGS GRIEF TO PARTY OVER WEEK-END Arrested. Saturday night on a charge of possession and trans portation of Intoxicating liquor, Pancho Stubblefield of Pendleton was lodged in the county jail yes terday when he failed to provide bail of $1000. His case was heard in the justice court before Bra- tier C. Small, justice ot the peace. Stubblefield is also said to be out on bail on a similar charge in Prineville. , p pi. Arrested with Stubblefield were two other5 men an a girl.; They gave their names as Robert Hall, Floyd Culley and Jesse Fannon Their bail was set at $250 each The-girl, His said, will be held for investigation, p J, ; Accdrding- to Officer Warren Edwards, a large jug of liquor was broken by members of the party before he had .arrested them. Another bottle in the car was seized,- however, as evidence, FIRE BUG BURNS WHEAT TWO WAREHOUSES AND 45, OOO BUSHELS OF GRAIN LOST r XP, ,: WALLA VWALLA. Wash..' Nov 16., Fire which early PSunday morning destroyed two warehous es and 45.000 bushels of 'wheat at Valley Grove.- causing anr estimat ed loss of approximately $T0,O6O, is believed to be the work of a fire bug.- The warehouse of the Pa cific Coast Elevator Ctf. and Nel son Brothers' warehouse were de fctroyed. In . the warehouse 5 of James Mclnroe and John Martin, 200 feet away; oil soaked sacks were found between tiers of wheat sacks. - Near the Mclnroe-Martin warehouse - was another Pacific . Coast Elevator company's ware house, and should the flames have succeeded in gaining headway In the former, four warehouses would . have gone, - Coolidge Declares He Will Not Send Oregon Mem ber's Name to Congress CHANGES ARE EXPECTED Conflict With Palmer Results in Ouster; Farther Reorganiza tion in Shipping Board Is Hinted Washington, Nov. 16. (By As sociated Press. ) With the dis closure today that President C.iol- idge would not reappoint Bert E. Haney, democrat of Oregon as a commissioner of the Shipping board, it became apparent that the executive might seek other chang es in its personnel and urge upon congress legislation to divorce it from the fleet corporation. The president's decision with respect to Mr. Haney was made known to Senator McNary, republican, Ore- hgon, a supporter ot tne commis sioner. All indications pointed to a crystallization in the president's mind of a merchant marine policy with the cardinal point a one-man control of the operation and liqui dation of the government merch ant fleet through the president of the fleet corporation probably un der cabinet or direct white house supervision, In. , contrast to the present policy of control by a board selected with partisan and regional considerations. Mr. Haney is serving under a reces3 appointment but his name will not be sent to the senate next month because of the position he has taken in favor of the re gional representation plan and his opposition to the one-man control idea, which was emphasized in his successful fight to have Leigh C. Palmer removed as president of the fleet corporation. In his course at that time Mr. Haney came into conflict with Mr. Coolidge, who favored retention of Mr. Palmer. Requested by the executive to resign, Mr. Haney re-; fused on the ground that to do so would imply an . admission of breach of faith on his part, stating that Mr. Coolidge had requested the resignation because he was not observing an "understanding" reached when he was appointed to support Mr. , Palmer. Prominent in the fight on Mr. Palmer and the one man control plan Commissioners Plummer and Benson, and there were indications today that the president might soon call lor their resignations. Commissioner Thompson who also stood with them, recently resigned. Another mentioned among those who might be asked to retire was Chairman O'Connor who. although not voting for the ousting of Mr. Palmer, did vote for stripping Continued on pate 8) Armistice Day Celebration Nets Profit of Over $1700; Big Feed Served Nomination of officers for 1926' was a feature of the meeting of Capital Post No. 9. American Le gion, held in McCornack hall last night. The report was submitted by the nominating committee and is being held ODen for further nominations at the next meeting. Nominees for various post of fices are: j Victor MacKenzie and Brazier C; Small, commander. ! I. W. Lewis and Raymond Bas sett, vice commander. i Byron C. Wright and Karl Hinges, adjutant. j Paul Acton and Frank Durbin, Jr., ehaplaln. Lyle Dunsmorc, historian. Jacob Fuhrer and Frank De Witt, finance officer. Donnegan Wiggins, quartermas- ter. Nominations for members of the executive committee will also be made at the next meeting. I A report from Biddy Bishop, general chairman of the Armistice day celebration committee, showed net profits of more than $1700, with late returns adding to the sum. Namos of nearly 150 members who are delinquent in their dues will be read at the next meeting two weeks from last night, J Following the session the Amer ican legion auxiliary served home made cake, sandwiches, chicken salad and coffee, staged an enter tainment, and remained for a big dance. WATCHMAN IS INJURED G. H. DERBYSHIRE, 71, BREAKS HIP AT CANNERY G. H. Derbyshire, 71. night- watchman at the Hunt Brothers cannery. Front and Division, was taken to-the Salem hospltsF with a broken hip late last nighby the Golden ambulance service. Mr. Derbyshire, while making his rounds, slipped from a board walk and fell about 10 feet. There were no witnesses to the accident. He lives at 1488 North Liberty. SNOW FALL CONTINUES ROUTE THROUGH McKENZlE nASS CANNOT BE CLEARED EUGENE. Ore., Nov. 16. The storms of the past two days have caused a great deal more snow to fall on the McKenzie pass at the summit of the Cascades and the highway is completely blocked. The snow packer which was be lieved would keep the highway opened Is reported to be stalled. Stages have not passed over the summit for four days. THE BERTH OF A NATION Stranger is Frightened Away Sat urday Night; Escape riot Is Suspected Two employes at the boys' training school have been bother ed at night during the past three weeks it became known Monday. Efforts are being made by L. M. Gilbert, superintendent, to appre hend the prowler or prowlers and to ascertain if the attacks were connected with an attempted es cape or release of Inmates from the institution. M. E. Pears, night watchman. reported Saturday night that he had frightened a prowler away from the rear of the building. He was attracted by an unusual noise. On October 22, W. W. Craig, an employe, was struck in the face by a rock and was laid up in the hospital for several days. Craig, believing someone was signalling to the boys, went around a corner of a building and came upon a man about 30 feet away. The stranger hurled a rock at Craig, striking him in the face and knocking him unconscious. The man disappeared before his dis cription was obtained. It is not known whether the same prowler featured in both visits but it is believed he was attempting to aid one or more of the inmates to escape. Officials of the school are keep ing a watchful eye upon an old lumber mill near the school. The mill is used as a camping place by tramps. WHEAT CROP IS LARGER BIG GAIN IS SEEN IX WORLD PRODUCTION FOR YEAR WASHINGTON, Nov. 16. (By Associated Press) A world wheat crop of 300,000.000 bushels in ex- )589 r last year's crop was fore- cast by the agriculture department today on the basis of estimates re ceived up to November 12. "Wrheat production in 32 coun tries of the northern hemisphere," the department's announcement raid, "is nearly 300,000,000 bush els more than last year, being 2, 953,000,000 bushels, as compared with 2.684,000,000 bushels, in 1924. The output in the south ern hemisphere, It added, is still somewhat uncertain, with indica tions for a crop about the same as last year. The Canadian crop was placed at 422,000,000 bushels, compared with a previous estimate of 392, 000,000 bushels and last; year's harvest of 262,000,000. , The statement and estimate that "there should be available for ex port and carry over fgom the Can adian crop this year, somewhat Imore than 300,000,000 bushels." Proposed Building Will Cost $25,000 Local Junk Dealer Tells Council QUARANTINES DISCUSSED Aldermen Want Responsibility Fixed; City Health Officer Ordered to Report on Ex isting Cases Attention to ordinances and pe titions was the order of business for the city council at its regular meeting last night. The matter of the health officer's duty regard ing quarantining cases came up, and H. Steinbock, local tire manu facturer and purveyor of junk. again asked the city to allow him to construct a tire manufacturing plant On Commercial on the lots from Marion to the center of the block to Center. Alderman Fred A. Williams asked that the city health officer, Dr. W. B, Mott, be instructed to submit a report to the city record er of the cases now under quar antine and of the diseases causing the quarantine. He declared: 'I understand that recently a member of the postoffice force was quarantined, but not until he had worked at the postoffice and had walked the streets, exposing sev eral persons. Let's fix the respon sibility some way. I don't believe this undue exposure is necessary His motipn asking for the report carried unanimously. Alderman S. E. Purvine declar ed that he believed it to be a good reauirement. and suggested that when the addresses of the cases are obtained, that the police be sent out to See that the quaran tines are being maintained. "I am glad to see the council wake up," Mayor J. B. Giesy as serted. "The council spends hours up here wrangling on various or dinances but seldom doing any thing to entorea- them, urtU the matter has como to be more or less of a Joke in the city." The courtesy of the floor was extended t Mr. Steinbock, who proceeded to disclose blue-print plans of the building he is desir ous of erecting for his tire man ufacturing plant. The specifica tions call for corrugated iron. which . several of the councilmen declare to be the material that make for the worst fire traps in the city. But Steinbock declared he could not build with brick or cement as the construction would be too expensive for him, costing $150,000, whereas he is planning on putting only $25,000 into it. "I started w?ithout anybody's help, a factory that is one of Sa lem's successes." Steinbock de clared. "I want to make this tire factory here. If the council re fuses, then I will have to move from Salem." The matter was re ferred to the committee on fire and water to see whether or not the building will conform with the fire regulations of the city. Three petitions for street lights in various parts of the city were granted by the council. The lights are to be placed at North Capitol between Hunt and Madison, inter section of North Winter and South and intersection of Columbia and Myrtle Avenue. The Western Auto & Supply company and the Salvation Army were each granted petitions to erect electric signs. W. P. Hol- combe's petition to erect an elec trie sign was referred to the com m it tee on lights. Two petitions were referred to the committee on ordinances. These were petition to vacate small triangular -lot on D street between . Eighteenth and Nine teenth, asked by W. J. Reed. W, W. Zinn and seven others want or df nance 1999 repealed. The ob jection is to the placing of an oc cupation tax on for-hire cars. Mayor Giesy formally announc (Continued on pag 3) KILLING, CHARGE FACED CHA RGES ' OF FIRST DEGREE MURDER ARB TO BE FILED ALBANY, Or.. Nov. 16.. (By Associated Press.) A charge of first degree murder will be filed against John Schwindt, district at torney Llewellyn announced today as the result of the death of Joe Schwindt, 56. his father, yester day, from Infection in the -brain caused by a bait a bullet fired from a gun in the hands of John during a family, quarrel near Jor dan.1: The case "will come up in the Juvenile court tomorrow. " From the juvenile court the easewlll be remanaed to the Jus tice court where bail was, set to hold the boy if hail Is allowed, un til the grand Jury meets Decern Young. Negro Wife Weeps Counsel Hurls Merciless Queries ai Witness as WHITE PLAINS, N. Y., Nov. 16. - (By ' Associated Press. Leonard Kip Rhinelander today admitted he had. lost control of his annulment suit against Alice Bea trice Jones, hig negro wife; that he had objected to the introduc tion of her fervid love letters, and that he had not been convinced she was a. negress when he signed the complaint against her. His admissions came in the course of a vigorous cross exam ination at the hands of Lee Par sons Davis, counsel for the defense and at times caused audihle com ment from : the spectators. The cross. examination which had been awaited eagerly by the court room crowd, began this afternoon after Isaac N. Mills, his counsel, had finished reading the last of nearly 100 of Alice's love letters.. Almost immediately Mr. Davis plunged into the question of the complaint which, young Rhine- lander signed while in a subway tation telephone booth in New York last November. "Did you want to sign this com- plaintT" he ascked. T" Rhinelander. turned to Justice Morschauser and asked: Do I have to answer that ques tion?" ' . The. justice nodded, and Rhine lander answered: "I did." "When did you finally become convinced that your wife had col ored blood?" ITP to March, 1925, I was in doubt whether she was of colored blood." Davis picked up the original complaint dated in November, 1924, and read the paragraph charging Alice with practicing fraud as to her race 'Did you sign this?" he asked 'Yes." . ' 'Was It true?" Yes." . "You understand that your two answered questions are opposed which is true, that you were not convinced until March, 1925,' or this contained in your complaint to which yon swore?" p "The one in March is true." Several days ago young Rhine lander testified that it was in March that he was shown his wife's birth certificate describing her as "black " Taking the question of Alice' love letters, Mr. Davis brought the announcement that they were used without the complainant's permis sion, although the witness later confessed he was willing enough to have them read it they could be of benefit to his case. Rhinelander said the letters were in a trunk in his father' house in' Forfylghth street. "They disappeared without your knowledge?" Mr. Davis said, re ferring to that admission' made several days ago by the witness "Who took them?" "Mr, Jacobs." This answer referred to Leonard R. Jacobs, one of the plalntif fi counsel. "Didn't you object to his taking those confidential letters? "In a way, I did." "Did you object to the letters being used In the trial?" "I did." "When did yon object?" "In September of this year." "Was that, the first time you knew they were to be used in the trial?" ' ' ' "Yes," - . . ' ' "Then you were willing to have the letters read as long as they . fCoBtlnned on page 2) childkilled"b7auto BOY, R, DASHES IN FRONT OF MACHINE ON HIGHWAY NEWBERG, Or., Nov. 16. -(By Associated Press.) Paul William. five year old, son of Mr. and. Mrs. A. V Comtrton of -Rex. Oregon. was hilled almost instantly ' when an automobile driven by John By man of Amity, ran orer him about noon today. The Oompton lad, with hia mother, was walking down the highway a short distance beyond Rex when the Byman car came up behind Mrs. Compton and the ' boy. ; . Byman sounded his horn. The little boy jerked loose from his mother and dashed to the left, in the path of Byman's ear. s ' . , "SHINE DAY IS SET i EUGENE, Or.. Nor., 16. The Juniors of the -University of Ore gon today set Wednesday ot this, week as Junior "shine" day when male members of the "class will shine the nhoes ot their fellow students loi a dime each to raise a fund to provide a Thanksgiving dinner for tha needy families of (Eugene, 5 Only' One Survives When Small Boat is Capsized at Sea in Heavy Gal DESPERATE FIGHT MAQE Men Are Torn Awj by Wave as They Attempt to Cling to the Upturned Craft la ' Storm-lashed Sen P HALIFAX, N. S., Nov. 16. (By Associated Press). Nine men of the United States coast guard steamer Morrill were drowned to day near Shelburne, Nova Scotia. They were returning to the Mor rill in a 12 foot sail boat which capsized in the storm lashed wat ers of the harbor half a mile from shore. 1 One of the men, Taylor, engi neer second class, managed to reach shore three hours after the accident. , Taylor, the sole survivor, was In an exhausted condition and hys terical when rescued. Those who perished were: Warrant Paymaster Kingsbury, Warrant Boatswain Lungen, Cok swain L J. Brackett, Chief Yeo man II. McMurdo, Chief Boat swain's Mate J. R. Shea, Cabin Steward II. K. Wilson, Seaman Saulisak, Seaman Diver, and an other man whose name is sot known here. All the time the wind was car rying the wreck ashore but at an almost Imperceptible rata ot speed. It was 6:30 o'clock when the ac cident occurred and pitch dark. No one witnessed lho" .'accident from shore and the cries of the victims did not carry far in the gale that "was blowing' over the harbor. -. - : wpi' ,p;'p Ppr. At 9 o'clock the drifting craft hal reached a point 50 yards off shore. Tavlor was the oalr one of the ten men left. - ' ' ; . Half erased over the loss of his nine companions and fearing his own ability to retain his hold on the boat until help reached him he decided to strike out for land. Rein? n'MtronfT nvtmttir. Tavlor finally succeeded In reaching the shore at Wooded Spot, Unable to walk he cried out for help and small boy living nearby heard him. In a short time he was taken to shelter and soon recovered. :', Efforts then were made to at tract the attention of the Morrill with a Tlew to signalling the tragic new to her commander,. No answer could be obtained from the cuter and finally communication, was established with her by wlre less. . p ' ". None of the bodies , of the nine of the nine men had been, recov ered tonight. The name of tha ninth victim had not yet been as certained. ' -. Engineer Taylor said the men had had an early dinner In fihel-, burne and, set out to return to the Morrill, anchored some five miles up the harbor. Their boat had a large saU. . -i -p'-; , .. It was dusk when they started out. ;After: covering about , half the distance to the ship, the sail boat went over on her beam end under the force of a. sudden heavy squalL .'p ppP . Efforts were made to cut away the rigging so that the craft might right herself.' These failing, the men threw themselves on the side of the craft, in -order to bring it on n even keel. This attempt proved fatal as the boat swung over and capsized before the men could change their positions. AM ten were thrown Into the water- Taylor's account of the fight for Ute waged on the overturned craft described how : five of the men were able to pull themselves out of the water and cling to the slippery keel. The upturned craft was ' constantly ; washed by huge waves. He also told of how others of the men, too weak to pull themselves up, dug to the edge ot the boat and held on as long aa they could. V ' " . One by one, the; sailors lost their strength and .were forced to let go, They disappeared quickly fn tha darkness and were not seen agate, . .. i "- MRS MARTHA SMITH DIES FIRST WHITE CHILD TlORJf IV tTniS CITY IS DEAD - , PORTLAND. Nor. !6-By As sociated Fress.) Mrs. .JMarltf Campbell Smith, the-: first white child born Jn Salem. Or., died here today. Mrs. Smith, a daughter of Mr, and Mrs. Hamilton Campbell, was f9rS October 25f.l84 r. " 1. - P s i