LIBRARY
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
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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.)