Capital journal. (Salem, Or.) 1919-1980, January 21, 1922, Image 1

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Capital journal., January 21, 1922, Image 1

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Newspaper Page TextLIBRARY A; tt CIBCIXATIOX for December odl3. l.ed Wire. ; lift 4 11! THE WEATHER ORKOON: Tonight and Sunday rain west, tnow east portion, mod erate southerly winds. - , 1 1' ,j, .. ; LOCAL: Rainfall .01: southerly winds; cloudy; max. 89, min. 31, . river 3 feet and falling. YFOURTH YEAR NO. 18 IL : : : : ML. fiinn . r SALEM, OREGON, SATUKPAY, JANUARY 21, 1922 PRICE TWO CENTS ; ON TRAINS AND NEWS ' ii Z3 if 'in ALLEGED PARDON IS SEEN 5 facer Byron Claimed Kent Him immune From Court Action Is Shown Jury : Portland, Or., Jan. 21. The Lnp card which Carlos L. By- U. ex-convict and timber land frinil nromoter. carried In his pocket and which John W. Todd, p-Salem school superintendent, declared to be as good as a pardon m shown to . the federal court jury here this morning by Carl Webb, Salem undertaker. Webb told the jury that Byron itold him no court in the land raild ever get him as he was the iman who had given Admiral Dew ty the location ot the Spanish i fleet In Manila harbor. Webb was one of Todd's witnesses. He testi fy to buying three claims on IBmn'j representations. One of pis prospective claims had been 4 patented several years previous, j tie prosecutor proved. C. M, Shumway, superintendent im schools at Vancouver, Wash SO nr if i m m ir.n . meyers aim i. jc. muu w fkffof Salem WAro eharneter wtt- cessea. Directed Verdict Refused, Todd was given a sot back In iii tight against the government Friday atternoon, when Judge Beat refused to grant the request ol his attorneys for ft directed ver- M. Todd had hoped for a dl rated yerdict, and thus escape the necessity ot having to tell his try to a jury . for the second 'In Judge A, L. Miller, Todd's at wney, argued that when Todd took the checks mentioned in the udlctments to the bank and cash them he ceased to have domin to or any interest in them. "Todd had nothing to do with le check the moment it was turned over to the bank," said se Miller. "He was not re- ioie for it passing through e mails. Use of the mails must " Proved to he nart nf the. stheme. The most that can be J is that Todd had a legal lia- v oy endorsing , the checks, , a11 control over them passed him when he surrendered l to the bank." , Huinnhrevc Tliaao-rAea United States Attorney Lester " numpnreys disagreed thor 7" Wlth Judge Miller. "Banks not buy out of town Items, said. ""e Bttnrno.. i v. ti u . .-jp in 11,0 upiULUU. " government .nmnlol.H Ita ,r ut 4 'clock Friday after -u. Alter tho mntln. n. i Al. 'ted verdict was disposed of the "ae requested postponement of until today, alleging It the govern- 'te trial "Ot antinlrrotoJ "M WOUld rest Ho onHHonlv nnrt Ja.iled to subponea witnesses naay. The judge lndicated have Todd take the and let the other witnesses w. but finally consented and -"urnea court. Possibily some of the most dam W a lestlmonT given agalr.st trtj urlDS the progress of tnis , sivea rriaay atternoon ' George N. Ausman, who said JJ '"vested 1000 and lost It. Alt Ausman paid his money he jested to Todd that he write letter whenever the claim u "ut oomer to teie- Hone, s the service on his farm- it unsatisfactory, the Tgi. sala- Ausman charged ,,? ith telling him they were Iff Aa defense attempted to qual- " " au eiperi on scnooi then asked him If It nia experience that school " made poor business men. , yi Teachers Truthful. tit. t,10 4nawered In the nega- 4ni.i 4 he had had con' teacif, exPerience with school i .ra " n had married one, " u w several years on Pope Benedict Untiring Worker For Peace During Years Of World War Pope Benedict XV, the 259th successor of St. Peter as suprem head of , the Roman Cathol church, began his pontificate j September 6, 1914, soon aff - Europe, entered upon Its ii 2 years of war.' Upon many ocd ? ions during the war he endi ored to bring the belligerent ttAMd (a a naDAa pnTprnmenti -J v,uua fcw 1' " c f hna tn mnlntnin the title W I had been affectionately best d upon him by a high dignitary of his communion as "a messenger God sent to bring peace." The war between Italy and Austria, In both of which peoples of the Catholic religion predom inate, waB particularly a great sorrow to the pope. Those near to him said he deprecated tne German violation of Belgium. When the Lusitania was sunk he telegraphed to the then Emperor William his abhorrence of a deed which had shocked the world. Visited by Wilson One ' of the incidents ot his pontifical career was the visit which President Wilson paid to him on January 4, 1919, when the president went to Rome prior to the opening of the Peace Conference at Paris. Social and treaty questions were discussed, It is said, during the private audience at the conclusion of vrhich Pope Benedict presented to his gueet a handsome mosaic re producing Guido Renl 's famous picture ot Saint. Peter, valued, at 40,ooo. V ' On the dayrof his, election he spoke q the burden of responsi bility thrust . upon "one frail brain" and expressed his horror of the world conflict then being waged and his hope that It would quickly end. One week after his coronation, when the Fisherman's lit i 1 y ' " o ' " 1 A ' - f- linn n in inri 1 fainrffrif m,iv it-m- immiii POPE BENEDICT T,i ... i,i Ma fftiViir. I nnnminced the none's tilan for a XVlllg 1PI U1IM11 u.u - O ' - - he Issued an Encyclical -'to the .Christmas truce was failing be- ebiscopacy of the world In which rulers were exhorted to put aside riixHflnaions and to "enter into a cause of the opposition of a cer-j tain nower." KeDorts were mat Russia and Turkey had refused ,i ritu oil unaaA ' ;tn a. ii taflr.e. Alone a thousand VUUUUU UL Wim i - - The appeal fell on stony ground, miles of battlef ront, the following however, and later, on December 12, 1914, the Vatican authorities' (Continued on Page Seven.) RICKARD HELD FOR ASSAULT Famous Boxing JPro- moter Arrested On Complaint Involving .Relations with Girls New York, Jan. 21. Tex Rick- ard, boxing promoter, today was arrested on a charge of criminal assault made by the children's so cietjf on the complaint of a 15- year-old girl. " Two other girls were held as witnesses. It was learned that a bench warrant had been issued yester day afternoon. Hearing of It this morning Rickard promptly sur rendered himself In West Side cotirt with counsel. He was held in $1000 bail, for examination January 25. ' Rickard said he had no state ment to make at this time. ' According to Vincent Pisarra, superintendent of the children's arvtntv thn nromoter of the Demp- sey-Ca'rpehtler match and other famous bouts, accosted three gins last summer at the swimming pool which he ran in Madison Square Garden: He also alleged that Rickard took . two of the girls, Alice Ruck, 15, and Anna Hess, 11,' to an apartment and later of fered some winu, after which he woo sulil to have assaulted the Ruck girl in the garden tower. -' After a . complaint had been ii&ne to the . society, the three eirls were held on a blanket charge ot Incorrigibility. ' Tha el-rla were Questioned last night by the district attorney's office and the warrant was tnen issued. Special Mass To Be Said Here for Dead Pope A solemn requiem high mass for the late holy father Pope Benedict will be observed at St. Joseph's Catholic church In Salem next Friday morning at 9 o'clock, according to an announcement made this after noon by Rev. J. R. Buck. Everyone Is cordially Invited. Other masses will be observed during the week as usual. The announcement of the solemn mass was made this afternoon as soon as the death ot , Pope ' Benedict became known. Booze Costs Polk Farmer Heavy Fine PONTIF BREATHES LAST DURING LATE AFTERNOON HOUR! Fight of Earthly Ruler of 300,000,000 Catholics for Life Ended; Rallies From Sinking Spell Early This Morning and Takes Nourishment at Noon; Relapse Comes Suddenly London, Jan. 21, (By Associated Press.) Cardinal Bourne's secretary announced this evening that the an nouncement of Pope Benedict's death authorized by a member of the cardinal's staff this afternoon was a mis take, and that no official news of his holiness' death had been received. BOUNDARY QUESTION SETTLED Cardinal Gasparri, Papal Secretary Is Probable Successor ' 91 Tn the hishoD of Piza. Cardinal-MaffI, an I waHUlu&luii, uau. .-.. 1 " ' - ' . .!, ho the I astronomer ana a must yiuo iuu 1 1 speculation as to who will be e Drobable should TTistfir Frontier Deter mined Dy AgreeilieilW speculation as to wno win oe u considered probai)le should and" SOUth ireiana successor 01 d, - the sacred college decide to select BOyCOtt Ended pal secretary of state. Cardinal I not residing in the eternal city. , I si i rtnA olmtinn would Tan 21 (BV ASSOCi- """""V. """.-,-..1": , the jjuuuvu, - represent, aa euuujocuti t ated Press.) Sir James Craig, the pocy By hlm and by Benedict in ... . n i 1 rinl ... k ..aQva dnrtner the tne last- bcvcu . o rriator nremier. and Michael Col lins, head of the provisional gov ernment for Ireland, formed un j..h. Ane-in-Trish treaty issued a joint statement this evening an nouncing an agreement regaiuiue the question ot the boundary be tween Ulster end southern Ire land, v , , The agreement, It is announced, also provides for the cessation of the southern Ireland boycott against Belfast and the return of the Catholic workmen to the Bel fast shipyards. The Colllns-uraig BBrKin.. likewise provides that the two governments of northern ana southern ireiana om - suitable system taan the proposed "council of Ireland" for dealing with problems affecting the whole of Ireland. Today's agreement wan consid ered here as giving promise of an i.hi nHiustment of affairs .U1IV.UU " - . between Ulster and southern Ire land. Foster Fined $50 For Being Drunk Chester Foster of this city was sentenced to pay a tine of 50 when he pleaded guilty to a charge of being drunk and dis orderly before Police Judge Earl Rrace this morning. When Foster explained that he . 1 ith which to pay naa no muuej . 2 fine he wa. lodged in the ' city can .,.vo nerlnd of the world war Cardinal Gasparri, who has also the position of chamDenam 01 iK. .hurrh ia entrusted with the direction of the Holy See during the interregnum from tne aeam of the pope to the election of his successor. Another member 01 tne satieu college considered as a probable choice is Cardinal De Lai, secre tary of the consistorial congrega tion which deals chiefly with the selection and appointment of archbishops and bishops, except In the countries still under the Jur isdiction of propaganda Fide. The election of Cardinal De Lai would gratify the desire of the sacred college to have again, as under Piux X, a pope above all religious, that It, who would not play such a prominent part In world politics as Benedict XV and Leo XIII. Among the cardinals living in Rome, there i3 another who has a considerable following and whose election would be a new departure, since for several cen turies there has not been a for eign pope on the chair of St. Peters; namely, Cardinal Merry Del Val, who was secretary of state under Pius X. Cardinal Merry Del Val s parents were Spanish and big brother Is Span- he wa lodgea m " "- I of the cardinals- outsrae w - jail. He wa arrestee, v, u - of the rco-n.u.. last night. Housekeeper ForArbuckle Victim Heard San Francisco, Jan. 2X. Mrs. Kate Hardebeck, former house keeper for Miss Virginia Rappe, motion picture actress, was' the first witness today In the second trial of a manslaughter charge against Roscoe C. (Fatty) , Ar buckle in connection with Miss Rappe's death. An attempt of the defense to prove through Mrs. Hardebeck that Miss Rappe was under the care of a physician previous to the party at which Arbuckle was al leged to havw fatally injured her was ruled out. The defense con tends that Miss Rappe's Injuries were due to a chronic affection of one of her abdominal organs. Walter Trefts, secretary to the district attorney and expert sten ographer, was called In an effort by the prosecution to have Miss Zey Prevost, one of its principal witnesses, declared hostile. Miss Prevost "did not remember" cer tain evidence on which she testi fied positively at the former trial. Ish ambasaaor xo ov. - f k statement from he has reside aim-- Miss Prevost. The court ruled life in I1 h mtV J"' Via- that no foundation had been laid Spanish ambassador to the VaU impeachment of Miss Pre vost, and ruled against the proae- Widow To Be Given : Big Award The largest award ever made from the Oregon workmen's com pensation fund was made by the industrial accident commission this morning when It set aside $16,478.81 . to cover compensa tion for Gertrude E. Ward, widow of Christopher Ward, and eight children under the age of 16 years. The compensation will be paid in 'monthly Installments ag gregating $94 of which $30 Is the widow's share and $8 for each of the eight children. The legisla ture of 1921 removed the restric tions limiting maximum awards in fatal case8 to $50 a month and under the present law compensa tion is paid on each dependent under the age ot 16 years, regard less of the number. Four Subpoenaed In Roger Trial Starts Monday Motion to subpoena four addi tional witnesses in the case of William Rogers Indicted on tne nf assault with Intent to kill W. W. Birtchet, Salem police ofticer, has been filed in tne cir cuit court by District Attorney Carson. Carson asks that Mrs. Samath Baker, Mrs Milie Lee and Rev. I. a. ie ho railed to testify td cir cumstances attendant the actual commission of the crime cnargea in the Indictment and committed .hmit a month and a half ago. Miller Hayden, Sjalem police orn cer, is subpoenaed to Identify the rev'ovler said to have been used by Rogers when he attacked Birtchet when the latter Interferred In a family row and at the request of Mrs. Rogers. t Aun will be devoted to the case. Selection of the jury starts Monday at 10 o clock. ThrM eases have been set for Wednesday on the court calendar as follows: Northern ts. cooiey, iriratArm an 'VS. Wolfard and Cooley, and Lathrop vs. Faught. Dallas, Jan. 21. Sheriff John W. Orr, accompanied by deputies Rae Craven and Oliver - Chase, made a raid on Jack Scnebley's place XVi miles west ot Salem last evening about eix o'clock and brought home a Bmall still as weir as some moonshine. While deputy Craven went to the barn to attempt to buy some eggs from Mr. Scnebley, the sher iff and Mr. Chase searched the premises; finding a still and sev eral bottles ot moonshine. When Scnebley came to the house from the -barn and "the sheriff asked him for a drink, he protested that he had nothing but cider but the evidence was presented to him and then he admitted that he had made the moonshine but for his own uee. They brought Scnebley to Dal las and returned this morning and made further search which netted them ten gallons of' wine and about one hundred empty bottles. Scnebley is a man 64 years of age, of Swiss-German descent, and when brought before justice of the peace, Ed F. Coad, admitted that he had sold a nt Mb nf the moonshine to some friends. The still was made of winner and was made out of an old fire extinguisher. This he placed on his cook stove for the purpose of making the moonsnine from prune mash. He was fined $150 ana costs. Frost Damage To Fruit Great San Francisco, Jan. 21. Esti mates on frost damage to oranges and lemons in southern vamor nia during the present cold snap run from 30 to 75 per cent, in some sections, according to a at at Anient issued bv the state di vision of markets today. In others very little loss is reported, barge distributors are Bald to have withdrawn their prices. Cabbage, spinach and arti chokes suffered damage In the San Francisco section. Former Resident of Salem Is Killed by Car in Portland John Grant, a well known resi dent ot Salem in the eighties, was killed yesterday morning on Front street, Portland, near the Crown flour mills, where he was employed as bead miller, accord ing to word received here today. He was knocked down and run over bv two freight cars which were beine shunted across the street. t Mr. Grant was walking along Front street and essayed to cross the pavement when the car struck him. A switchman saw Grant and shouted a warning which, appar ently, was not heard. Mr. Grant was caught under the first car and wa dragged about 30 feet. The body was badly mangled. While in Salem Mr. Grant was employed as a miller In the old brick mill which, years ago, was located on North Front etreet. He was 66 years of ac. Rome, Jan. 21 (Reuters) Pope Benedict died late today. niietina frnm the slpk room Ot&' the pontiff were eagerly scanned Vatican, with only a few guards by throngs outside the Vatican, but none gave ground for hope that the prelate would rally from the sinking spells which mark the progress ot pneumonia. Members of the" sacred college remained In the ante-room ot the sick room during the night, while nhvslclans and members ot tho of the pope's family were In at tendance, i Immediately after the morning consultation of his physicians, the pope had a q.uiet spell. His respir ation was less Irregular and after he had expressed a desire to rest, he turned on his side and fell asleep Immediately. The physi cians were surprised at this turn in the case, and thought there might be Bome hope for his holi ness, if he were able to sleep three or four hours. Sees St. Acnes Statue. The pope1 dosed from 8 until 9 o'clock, when a cordial was ad ministered to him. Today being pacing up and down and here and there various attendants perform ing their tasks. The top floor, where the pope's apartments are, was almost deserted save for one guard, who was on duty near the entrance to the pontiff's cham bers. Reports from the papal cham ber this morning were that when the pope awoke from his sleep around 9 o'clock, he seemed quiet er, asked tor nourishment and took tapioca, soup and a little wine. Notwithstanding, the at tendants upon his holiness did not permit false hopes. Mrs. Wurtzbarger Will Be Taken to . Colorado Prison Portland, Or., Jan. 21. (Spe cial) Colorado state penitentiary was today designated ts the Insti tution of confinement for Mrs. Alma Tnfc,A TITiih, al.n trr,f C, t the fete day ot St Agnes pa roa ater of Capricana college in wulcli nei waa a youhtful Btudent, the pope asked to be shown a small etatue ot the saint. The statue was placed on the altar of the chapel, where a number of masses wero said. The worst period for the pope during the night occurred Just be fore daybreak. He was extremely low at this time, gasping for breath and apparently suffering Intense agony Cardinal Giorgi and other pre lates entered the sick chamber at 6 o'clock. Cardinal Giorgi chant ed, prayers for the dying pope, who was sinking rapidly a', that hour. Cardinal Giorgi, together with Monsignor Zamplni, had passed much ot the nignt ia the pope's chamber, while Prince Aldob.-an-dini, commander ot the noble guard and Major Marches Pelll grinl watched In an adjoining room. In his slight delirium during the noon hour the pontiff resisted the efforts of the physicians to listen. to his heart actloi and ex pressed a desire to rise and per form his usual duties. Shortly after 8 o'clock the physicians gave out their bulletin announcing that the pope wub worse. Then came the slight im provement toward 9 o'clock, when it was stated his holiness was rest ing easier. The cardinals then began to appear to make their visits. Among the first were not ed Cardinal Merry Del Val, Cardi nal Laurentl and Cardinal Van nutelll. The foreign ambassadors, anxious for news, also began to send in requests for information on the pontiff's condition. Vatican Is Silent. Cardinal Gasparri, who was ceived from Attorney General Daugherty stating that the Ore gon prison was not available. Permission to remain in Port land over Sunday that she may see her daughter was granted Mrs. Wurtsibarger by United States Marshal Hotchklss. Regu lations require that a woman guard be Bent with each woman prisoner, and It Is believed that Miss Martha Randall, of the wo men's protective bureau, with A. Lee Morelock, deputy United States marshal, will leave for Canyon City with Mrs. Wurtzbar ger on Monday. Mrs. Wurtzbarger was recently sentenced to serve a term of 10 years after she had pleaded guil ty to a charge ot manslaughter. Her husband, Andrew Wurtzbar ger, a laborer at the Chemawa In dian school, was murdered as he slept several months ago. The next morning Mrs. Wurtzbarger , gave herself up to the Marion county sheriff. Household Articles and Money Cause of Local Law Suit Two feather beds, three bed steads, two springs, five pillows, one phonograph, 55 chickens and one dresser, with two sums ot money, one amounting to $135 and the other $537, figure In the suit brought by Allan Bynon, ad ministrator ot the estate of Al freda Badorick, and ad litem guar dian ot her heirs, against Michael Nichols filed in the circuit court. The complaint charges that the defendant has taken possession ot the property named and refuses to give It up. Also that the money with the pope from 6:30 o'clock I was paid by one of minor heirs, of until 9:45. met In the ante chamber shortly after that hour all the diplomats in Rome who called personally for news. Re ferring to the pope's dosing spell, which the physicians interpreted favorably, the cardinal said the situation unfortunately remained extremely grave; Throughout the night there was almost absolute silence at the which there are four, for some unnamed purpose. The estimated value of the household articles Is $303 and the plaintiff asks Judg ment for $974.50. Atlantic City, N. J., Jan. 21. John Kendrick Bangs, humorist and lecturer, died at a hospital here late today of intestinal trouble. IConti: nued on Page Nine.)