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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (Oct. 11, 1922)
1'AGE TWO THE CAPITAL WEDNESDAY, OCTOBER 11, 1922 L IQUOR BY AGENTS CLAIMS DEFENSE Allegations of the defense coun sel that Warren Wan given liquor by tbe revenue officer he is ac cused of killing in order to trick him Into giving or selling them liquor, and the testimony support ing this allegation given by Henry Petite, another Indian, who was with Warren on tbe night of tbe double killing, were easily tbe outstanding features of tbe trla yesterday. The audience that crowded th court room and shuffled about 1 the seats became unusually quie as the defense charged that War ten bad been given a drink early in the evening by one of tbe mem uers of the raiding party In a pool room, and that later tbe India bad been again given booze at the dance ball by Todd and Price. - third man, also suspected of bein an accomplice of tbe officers shortly afterward gave Warren another drink outside tbe dance ball and cached the bottle, a small brown one, nearby, tbe defend ant's attorney asserted. Cached Bottle Used. letter in the evening Price asked Warren to get them a drink, and it was the cached bottle that the tudlan brought to them and was arrested for selling', said Attorney " Hayter. Supporting these allegations Petite testified that he and War ren were given drinks by J el f Per ry, stoolpigeon for tbe revenue men, and that the liquor was "moonshine" which Perry had in a small brown beer bottle. Petite declared that although the revenue men ordered be and Warren to get Into their car when Warren later gave them a small bottle of liquor, the officers did not utter a word to reveal thel identity until after the scuffle, in which Warren was struck on the bead with a gun by Price, and not until after Warren had gone to bis father's bouse for a gun. Story of Tragedv Retold. - la their direct examination yes teiday afternoon the witnesses called by the state added little in detail to the stories of, the tragedy carried in tbe newspapers imme diately utter it happened, and .lliuir accounts of the shooting and tbe events leading up to It were very similar. They recounted bow oue party of officers consisting ot Price, Jett Perry, Koueit Marshall, K. W. Holden, Karl Marshall and Perry's sister bad made the trip from Uaribaldi and Tillamook uj auto to Claud Kuniie, where ttiuy met Todd and Ueulon Killiu, revenue officer, who bad arrived earlier from Portland. They were not ail agreed as to exactly what led up to tbe t run bier of a small bottle of liquor from Warren to l'eiiy for J2, but from that point on their stories were practically a& duplicate copies of tbe same book. Price, they said, after the liquor j bad changed hands and bud been tasted, to make sure It was booze, 1 told Warren be bad made a mis take in selling it to them, thai they were revenue officers, and or dered bim to climb into their au tomobile, beside wblch they had beeu standing when tbe bottle changed hando. Warren, they aid, refused to get into the cai aud struck at Price but nnseeu bim, and in the scuffle that foi lowed Price struck Warren ove tbe left eye with bis revolver. Warren Runs Away. Warren broke away from u. offfcers and ran. When they at. saw bim, they said, be was com lug toward them from the dlrei liou of bis father's hou.-e down the sidewulk carrying a rifle an inquiring of persons be met fo. the "fellow that is driving tba Ltjdge car." Perry, according u thine witnesses, first saw Wane aud said: "Hare he conies. Get undei cover." Hubert Marshall, who was wit. tbe party from Tillamook as tb driver ot tbe car in which the. travelled, said that be was stand lug ou the sidewalk where thei. car was parked when Warren came up and asked for the drive of "that Dodge car." Price, Mar shall testified, stepped out and said, "I am the man you are look ing for," at the same time grab bing Warren's rifle .with both bands. In tbe scuffle over, the rifle It was discharged once before Warren, wrestling the gun from Price's grasp, threw the officer away several feet. Pric, said Marshall, .dodged 1 behind tbe parked automobile an Warren, standing on the sidewalk In front of tbe radiator, fired twice along the side of tbe car a Price, and then moved down be tween the officers' car and an other parked beside it toward Todd, who had taken refuge be hind tbe auto, Marshall said there were two more flashes from tbe Indian's rifle and Todd pitched over. Warren then, Marshall de clared, Jammed the lever of bis rifle a couple of times, muttered something and strode away in the direction of bis father's home. Denies Having Gun. Under cross examination Mar shall admitted that Price bad something In his band when he first grabbed Warren's rifle, tm whether It was a revolver, a brown bottle, or what It was he said that he could not say. Marshall said that be knew Price had a revolver In bis possession. "Did you have a gun?" At tor ney Hayter, for the defense, asked Marshall. "No." "You never bad one?" "No, sir." "Did you not tell me in Gari baldi last week that both you and Perry had guns?" Marshall grew confused, but fi nally answered that he bad put Perry's gun in tbe side pocket of the car when they started. Marshall had said that when Price and Warren started to scuf fle over tbe rifle be had started for the cover of a nearby garage and was in front ot the garage when the shooting started. In all. he said, there must have been 10 to 12 shots fired, maybe more. He said that he co.uldn't say that Price had fired at all. Holden's Narrative. Holden, a deputy sheriff .from Tillamook county, was put on the stand as the state's star witness. He said be was standing talking to Price, Perry and Marshall when Warren appeared with his rifle. In.: the scatter for cover Holden said he retreated to the railroad track nearby and was Btandlng in the gravel on the side of the track nearest Warren and Price when they were scuffling over the rifle and when the first shot was fired. This shot, he Bald, went wild, hit the rail ot the track near where he was standing, spilt to pieces and that many ot tbe pieces hit him. Holden said that when be saw Price shot, he started shoot Ing at Warren, and believed that he tired four Bhots, one of them trlkirig Warren in tbe left hip. His delay In opening fire he attri buted to difficulty In getting his automatic pistol out of bis pocket. When he tried to fire a fifth shot bis gun jammed and would not discharge, he said. When Holden presented the trousers of tbe suit he wore on the night of the shooting and ex bibited tbe holes In tbe right leg as evidence that Warren's first shot struck tbe rail of the track and broke and that several of the pieces struck him, be materially weakened his testimony. Ques tionlng Holden as to the places where be was hit by tbe pieces of the split bullet, the defense attor ney brought out the fact that Holden claimed three of the pieces had struck him in the left leg and that he had picked particles ot lead out ot his flesh. Examination of the trousers before the jurymen revealed the fact that there were no holes in tbe left leg of the trousers. Stool Pig-eon's Admissions. Other questions put to Holden brought out the fact that a bullet fired from where Holden said Warren was standing would have hit the rail at an angle which, the defense contended, would have made It glance away from Holden instead of toward bim. From Perry, the stooipigeon of the revenue officers, who was one ot tbe first witnesses to be called by the state, tbe defense attorney coaxed tbe Information that the members of the party he was with had been drinking during th evening. He admitted tbat be had taken several drinks at Grand Ronde, that he bad seen Price take a few drinks and tbat he had given away two or three drinks during the evening, but that he did not know the men to whom he gave them. He Bald that he took a drink out ot tbe bottle he bought from Warren and that Price did also. Perry said that he and his sis ter, and the two Marshalls were all In the party that left Garibaldi for Grand Ronde in tbe afternoon of September 2, and tbat they picked up Price in Tillamook. He said that be was then in the pos session of a revolver belonging to a Mr. Langley, and that he stopped at the Zerker farm between Gari baldi and Tillamook to ask Lang- ley if he had -any objections to Perry taking the gun with him to Grand Ronde. Perry a Moonshiner. When you stopped at the Zer- Children Going to Free Matinee, Get Tickets At , Journal; 2 Prizes Ready A corking motion picture serial of 10 installments; an opening mat inee next .Saturday morning that's absolutely free to children mder 13 years of age, and two prizes one a radio set and the other a year s subscription to the Radio News these are to be placed within the reach of Salem boys and girls by the Capital Journal. Children wishing to attend next Saturday morning's matinee free of charge should be in front of The Journal office at 9:45 o'clock. At that time tickets will be "distribu ted. How are the prizes wont You don't have to get a Capita Journal subscription. You don't even have to tell anybody about The next Saturday and which will con tinue for 10 weeks, each child will be allowed to submit answers to 18 questions not terribly difficult ones having to do with radio. To the boy or girl who answers them most intelligently will get the radio set; to the next best answers will co the second prize, "We want parents to understand that the picture "The Badio Kin is of a type they would want their children to see," Frank Bligh, man ager of the Bligh theatre, explained this afternnn. "Of course it has a number of thrills in 5t, but it also offers some real educational mater ial concerning radio." A large crowd of youngsters is expected to see the free opening Capital Journal. You don't neea to installment of the picture. The later put in any work at all. At the close installments will be given for child of the picture "The Radio King" reu by the Journal for five cents which begins at the Bligh theatre I and a Coupon. ker house, did you not ask Hannah Zerker to go along with you on the trip, telling her that you would pick up some liquor at the jail in Tillamook and have a good time on the road?" Mr. Hayter asked. Perry admitted that he might have said tbat. He also confessed that he and Price, the revenue of ficer, had spent a night in tbe Zerker home when tbe family was away, but denied that they con sumed more than one bottle of booze during that night. The defense brought out that Perry bad been convicted in Tilla mook county for operating a still and having moonshine in his pos session, had appealed the case and was out on bond at the time of his visit to Grand Ronde. When the defense attorney asked it it were not a fact that Price had told Perry that if he helped the officers get the evidence in Grand Ronde they would see that the sentence mposed on him in Tillamook county was removed, Perry admit ted that such might have been, the case but that he did not remember of having heard Price say that. Mrs. Elenor Wilson, who runs a confectionery store at Grand Ronde, testified that she saw War ren on his way from his father's house to the scene of the shooting and that he carried a rifle at that time. She said tbat he asked her where the revenue officer driving a Dodge car was. Warren was at that time "covered with blood from the cut on bis head," and she said that his excited condition frightened her. Earl Marshall and E. H. Glover both testified that Warren, carry ing a rifle, entered the restaurant where they were and said be was looking for the man "driving a Dodge car." Both of them de scribed Warren as being much ex cited and covered wtih blood. Sister Testifies. While her testimony had little direct bearing on the shooting aspect of the case, Pauline War ren, 17-year-old sister of the de fendant, was one of the stellar witnesses examined during tbe afternoon. She took the stand as defense witness, told her story simply and without hesitation, re lating how she had been awaken ed by her mother when her bro ther Phillip had come home after his rifle, and told to go to the dance hall and get Phillip's wife She said she bad just found Mrs Warren in the dance hall anu ue livered the message when the shooting began, and she rushed back down stairs and up the street to find out what it was all about. The last shot was fired, she said, when she had nearly reached the spot where Price was standing. She rushed up to him and asked if anvnne ha.l been shot. Instead of answering he toppled over at her feet, she declared, blie lur ther testified that he had a re volver In his left hand when he fell. Though Walter Tooze Jr., assist ant prosecutor, grilled Miss War nn in everv nosslble way for a solid half hour, he could not make her deviate from her original story In a single detail, and there were many of them. ,- whiia thev still are in school. It also recommended special class es for foreign born and otner em ployes who are not attending schools of any kind. JOURNAL WANT ADS FAY LadiesKeepYourSkin WW . Clear, Sweet, Heaitny With Cuticura Soap and Cuticura Talcum AUTOS AND AVIATION ATTRACT YOUNG MEN Chicago, Oct. 11. Innovations which pique the fancy of young men, particularly gas engines, aviation and radio, are draining the supply of men who formerly entered the electric railway work, declared William Von Phul of New York, former president of the Market street lines, San Francisco, in a report made before the con vention of the American Electrical Railway association here today. The committee recommended that special arrangements be made with high schools, universities and other educational institutions to give part time employment to L.M.HUM Care of Yick So Tong Chinese Medicine and Tea Co. has medicine which will cure any known dis ease. Not open Sundays 153 South High Street Salem, Oregon. Phone 283 Skin Eruptions J - TT WV . yire usually Llue to Constipation When you ar. constipated, not enough of Nature1, lubricating liquid is pro. duced in the bowel to keen the food waste soft and moving. Doctors prescribe Is'ojol because it acts like this natural lubricant and thus replaces it. JOI is lubricant not medicine or laxativa cannot gripe. Try it today. tsJi Sure Relief FOR INDIGESTION Z 6 Bell-ans -J! Hot water Sure Relief ELLANS 25$ and 75 Packages Everywhere Subscribe for the Journal CONSTIPATION BILIOUSNESS Headache INDIGESTION . Stomach Trouble SOLD EVERYWHERE- r i They are GOOD! 10 Every Penny Has a Value, Every Dime Has Its Day, Therefore We Designate the Comming Mir s ; Tl Eiwjjji.iji. "WW v-:T "- "' " "- DAY In Salem's Original tad Clothes of Character SUITS $25to$50 Made to Measure From material of jour own choosing and made in the style that best suits your own person ality Fit and workman ship positively guaran teed. Hundreds of the new est all wool materials in all the latest and most desirable weaves and col orings from which to choose. Come in and see for yourself. No obligation to buy. 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THREAD Basement Special 10c 25c Embroidery Laces, per yard 10c 3 Rolls 7c Toilet Tissue Ifc 3 white or colored Men's Handkerchiefs 10c Large 19c heavy Huck Towels Qq m i e wg oaKving oap . 25o Shopping Baskets f 10c - On to a Customer Large Lot HAIR RIBBON'S, Yalu. to 35c yd 10c S Ten Cent pkgs. ETlng and Trimmings 10c One Lot 20 to 35 Toys at lOe each. One Loot of 50 v MOP STICKS hile they last one to a customer, each 10c Two 10c ruled INK TABLETS Special at 10c 20c good grade Decorators CUPS AND SAUCERS Special in Basement 10c 25c Bottle BUG RID Basement Special 10c 2 cans 15c Perfumed TALCUM POWDER Special at 10c 5 Yards Valance and Tachon - LACES Special at 10c Florsheim Shoes For Men Who Care We have a Complete Line of these well known Shoes in Stock to fit every foot. You cannot get as much for your money in any other shoe excepting Hanan's, which sells for $12.50. 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