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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (April 3, 1925)
! PROBABLY RAIN Tonight and Saturday; moderate tem perature; moderate 'northeast winds. Local; Max., 55; mln., 44; rain., IS; river, t.4: atmoa., part cloudy; wind, southwest. -.. H CITY EDITION Dsllr averac ..id circulation for nonta ending March 31, 1125. 6719 Average dally distribution 7059. Member Audit Bureau of Circulations. ' AGHItUi library PRICE THREE CENTS 2?AZwht2 iS&i FORTY-SEVENTH YEAR No. 80 SALEM, OREGON, FRIDAY, APRIL 3, 1925 an lDJ U MMb u mi I BOZELL-BOLLMAN CASE IS OPENED DEFENSENOT REPRESENTED B! ATTORNEY Presentation of Evidence Goes Forward Despite Absence of Former Sec retary To Governor. With neither the defendant or her counsel present, but with a heavy gallery onu plenty o worn en in the ringside seats, the long heralded alienation action of Mrs, Alice Bozell against Celia Bolt- man, former private secretary to Governor Pierce, got under full s:eam today before a Jury. Sensations surcharged the at mosphere of the circuit court room as proceedings continued before J ad Kelly. Clandestine meet ings, a surreptitious rendezvous at the Portland V. W, C. A., a spy ing brother wat:Mng operations In the home of a justice of the su preme court where Miss Bollman roomed while living here, detec tives following her and the hus band of Mrs. Bozell on a trip to Central! by automobile, where it la charged they remained in a hotel room all night on the night of November 23 last year these were some of the juicy morsels fed to listening ears by Attorney Guy Smith fcr the plaintiff In; his opening fetatement to the jury. Secret Meetim? Held. The attorney told of alleged ftecret meetings between the pair at Taylors Grove, at Garibaldi beach anl at various other places. with Mis: Bollman's car figuring ef a vehicle of transport to 1 (Continued on Page Ten) SHrPHERD AGAIN IS REFUSED Mi Chicago, Apr. 3 Circuit Judge William M. Brothers refused to day to entertain a motion to ad mit to bail William D. .Shepherd, charged with murder. Chief Jus tice Hopkins i the criminal court twice ' previously refused bail pleas. The third effort to get Shep herd out of jail on bail was be gun today when his counsel made motion for bail before Circuit Judge William V. Brothers, Shepherd was not in court when the motion was offered and State's Attorney Crowe delayed the matter by insisting that the defendant be brought from jail Judge Brothers finally defer red the hearing until he had time to confer with Chief Justice Hop kins. Seek Dissolution Of Gervais Union School District With six out of the seven school districts constituting the Gervais union high school district on pe titions asking for an election to pass on the dissolution of the dis trict, the county boundary board today authorized an election on the subject at the regular annual meeting times of the districts on the third Monday in June. The six districts represented In the petitions acklng for a disso lution of the union district are Manning, Fairfield, St. Louis. Eldrldge and Parkertvllle. The district has been in opera tion for three years as a union high school. It has a total valua tion of S1.7S3.134 and a tax rate of 1.8 mills for the district, matter of .7 of a mill greater than the county high school levy. It Is pointed out that the Inst legislature enacted a law which allows transportation costs and depreciation to be figured Into the county high school levy a ad tf this I done it would maVe RETAL1AT 1 0 5 UPON IB MEN LOOMS County Court To Agitate General Movement To Prevent Referendum On Gross Earnings Tax Faced by an effort of truck and stage men to refer to the people the gross earnings tax sought to be Imposed by the last legislature, members of the Marlon county court will discuss with the state highway commission the possibil ity of a retaliatory move to force the truckmen and others involved to stand for their share of the tax under the new bill. The retaliatory move proposed is to secure united action on the part of the state highway commis sion and all of the county courts of the state in putting the weight limit on trucks operating on state and county roads at such a low minimum as to force the truckmen off from the roads and put them out of business completely. The move is seriously contem plated if the truckmen continue to go ahead with their plans of re ferring the measure, members of the court stated today and they said they would discuss the matter with the highway commission, They arc not attempting partic ularly to initiate the issue but will discuss It with an idea of formu lating some plan if possible to checkmate the truckmen In their move to hold up the law. Members of the court declare that the truck men cannot hope to defeat the gross earnings tax by means of tho referendum, that there Is little question but the people will adopt the measure over any referendum, and that the object of the stage and truck men is to simply defeat the law for a sufficient length of time to save In the neighborhood of $500,000 that they would have to pay be tween the time the law otherwise would become effective and the time for voting at the next general election, ''Trucks and stages are using our roads without adequate compensa tion to the county and state for the damage done,'1 declared County Commissioner Smith. "The gross earnings tax Is merely a move to have the trucks and stages repay the people of the state for some of the damage done to the highways which they had built for them without cost and over which they operate at a re turn to the state far below the cost of maintenance. "The county could move against the truckmen and stage men only (Continued on Page Nine) the county high levy as great or greater than the district levy as sessed In the Gervais union dis trict. It Is stated In evrnt the Grrvais district Is dissolved it would send the pu pi'i attending high school from the various districts represented either to Wood burn or Salem. It is stated If the districts do not vote to pay the transportation of the pupils rarents of the chil dren must pay it themselves. The Gervais union high school district Is the first union district organited In Marlon county. So perfntendent Fulkereon who visit ed that school yesterday reported a high class of work being done there. The domestic science de partment there was making prep arations for a style show and pu pils Is those classes busy sewing for that purpose and yesterday a doughnut sale wm held, the doughnuts being mads by bers of the domes le seieaee ooking cl SERIOUSLY ILL v J . I r r j i f -. ' """ i t V "a ? fr A I i Washington, April 3 Secretary John W. Weeks of the war depart ment is 111 with thrombosis. The war secretary has been con fined at his homo for several days but there had been no intimation that he was seriously 111 until his physicians today announced the cause. Journal Vote Remains In Favor of Head-on Plan ; Lions Opposed and In formal Vote Against. PARKING BALLOT For Head-on For Present Plan Name Address At 1 o'clock this afternoon the vote being taken by The Capital Journal had resulted In 77 bal lots being cast in favor of the pro posed head-on parking system for the business district In Salem, as rgainst 30 cast In favor of re taining the present head-out sys tem. This Indication of sentiment In favor of the change was somewhat offset by the vote of the Salem Lions club, who went on record favor of retaining the present system. Report of a special Lions committe;, headed by Newell Will iams, recommended that the club rot favor the head-on system. In the report no reason for the rec ommendation was given aside from a reference to conditions in the alley3 of the city, which were aid to be of a peculiar nature. The action as taken was a reversal cf general sentiment expressed at the Lions club meeting a week ago. An informal ballot being taken at the BUgh hotel had resulted in 44 voting In favor of the present system, as against 12 for the head- cu, by noon today. Studcuts In the civics depart ment of the J. L. Parrish junior high school will begin canvassing the city this afternoon, equipped with ballots specially printed by The Capital Journal. Report of the vote will be made as the re mits are compiled. Capital Journal carriers will collect ballots when they make their regular monthly collection tomorrow morning, and all people tv ho have not done so already are urged to have the ballots ready for the boy when they make their calls. ALBERT TOZIER NAMED CARETAKER AT CHAMPOEG Albert Totter, Tetertn Oreijou uewspaperman and pioneer, waa yesterday appointed by- tbe state board ot control as caretaker at Champoeg at a salary ot $65 a month. Mr. Toiler's bom Is at Dee, Or. Tht board Increased the salary ot Dr. Roy D. Byrd, assistant su perintendent of h state limita tion tor the feeble-minded, from IliOt to $1000 year. PARK1NGV0TE GROWS CLOSE 1Y RETIRES TO SEAL FATE Case of Notorious Mail Looter Accused of Mur der Closes; Four Ver dicts Possible. Hartford, Conn., April 3. (By Associated Press). The case against Gerald Chapman, mail looter, accused of the murder of a policeman in the New Britain store robbery was given to the jury this afternoon. The court explained that the jury could return any one of four verdicts against Chapman first or second degree murder, man slaughter or acquittal. Resuming his argument on be half of Chapman, Frederick J. Groehl again attacked Walter E. Shean, characterising him as a ''weakling," "our angel friend, Shean;" "a piker," a "lobby, gow," and a "rascal." It was Shean, son of a wealthy hotel owner of Springfield, Mass., who told the police that Chapman was the murderer of Policeman James Skclley of New Britain last October 12. Shean, the state's star witness, testified that Chapman had. In duced him to accompany him on a safo looting expedition in the de partment store of Davidson and Leventhal. The police surprised Shean at work. He shot his way to freedom, killing Skelly. Chap man was the gunman declared Shean. "Do you think It logical that Chapman, this super criminal the supposed doctor of a New York mall truck would choose a weak ling like Shean as his partner on a safecracking expedition?" asked Groehl. 10 FORT SMITH The Sulem high school basket ball five lost their last chance to obtain a place In the race for the interachalastic Dasketball title vhich is being decided in Chicago when the Fort Smith, Ark., quin tet defeated them this morning by i one point margin. The score at the end of the game waa Fort Smith 23, Salem 22. Salem lost the first game of the series on Wednesday when the Torrington, Conn., five won a 27 23 gam?. In the first Kame oi the consolation series yesterday Palem won from Tonopah, Nev The game with Fort Smith this morning was the second In the consolation series. Franklin high school of Port laftd, like Salem, lost their timt game In the regular series, won two consolation games and this afternoon their game with Spring field. Ohio, will decide whether or not they remain in the running. Indianapolis, Ind., Apr. S. D. C. Stephenson, former grand dra gon of the Ku Klux Klan In Indi ana, was indicted today by the Marlon county grand jury on five charges In connection with an al leged attack on Miss Madge Obcr boltzer of Indianapolis. Indictments also were returned against Earl Klenck and Carl Gentry, said to have been com panions of Stephenson. Stephenson, who was arrested last night on affidavits filed by George E. Oberholtser, father of Miss Oberholtser, gained promi nence throughout tht country as organiser of the klan In 21 north ern Mate Jndge James A. Collins fixed Stephenson's bond at I2&.000. 0 CHAPMAN EXPERT SAYS BIN MANE Head of California State Asylum Considers Jazz Defective Mentally He Testifies. ban Francisco, C&l.. April 3. Dr. Fred P, Claafc. medical super intendent of tug state hospital fur tha insane at Stockton, considers Dorothy Ellington Insane, he tes tified today at the sanity hearing cf the 17-year-oid girl who killed her mother lu the bedroom of their home last January after a heated discussion of the girl's night life. The giri sat calmly as her men tal make-up was directed. She got through the morning without fainting, though she was weak and tearful at the noon recess. Dr. Clark was preceded on the witness stand by Dr. George Or dahl, a clinic psychologist con nected with the Sonoma state home for defectives. He detailed the results of psychological tests of Miss ftllingson. He termed her reactions "impulsive," and sold that persons ot her type were likely to act wUhout delibera tion," but he added that the In telligence tests had demonstrated that she was not feeble minded nor a moron, but showed a high average of intelligence. Dr. Clark, relating to an Inter view with the girl at the county juit, said she displayed no more reticence regarding affairs of an intimate nature "that If she were discussing tho bill of fare for din nor." This amused the spectators. Some of them laughed outright aiid Judge Louder bark had about SO persons ejected. Ho threatened to clear the court room if there was a similar outburst. VEATCH REPLIES Portland, April 3. John Veatch, recently appointed stat fish commissioner by Governor Pierce, today filed answer to the quo warranto action brougn about a week ago by Dr. Thomas W. Ross, deposed commissioner, asking that Veatch appear In court and show cause and by what au thority he held office as commis sioner. Rons, in his quo warranto ac tion, clulmed that he had never Leen legaily dismissed from the com m lust jn and that he was still a commissioner In fact. Veatch In his answer denies that Ross' removal was illegal. He Mates that December 16, 1924, Governor Pierce brought charges u gainst Ross on which a hearing was held December 22. Ross was subsequently removed from the commission and Veatch was ap pointed January 10, the answer states. ENJOIN SALE OE Washington, Apr. 3. A tem porary Injunction blocking sals of the snipping board's California- Orient line, was Issued today by Justice .Ulti of the District of Co lumbla supreme court. The Injunction was Issjed on petition of the Pacific Mail com pany, which now operates the line and which was an unsuccess ful bidder for Its purchase against the Dollar Interests, In IU petition, the Pacific Mall company contended that (he board's decision to sell tbs five vessels to th Dollar company, de cided on after a bitter row among board members and by a majority of one, was Illegal for manv Tea sons. . Moore and Endorse Head-On Parking Method Perhaps the most extensive au- tumobile traveler now living In Salem la George H. Graves, who last fall took a tour tho length ar.d breadth of the United Stated by auto. He hasfaad occasion to see the effects and usefulness of tvery system of parking with which he came in contact on nu tour, which extended over a per iod of several months and took him into every section of the coun try. A letter which Mr. Graves voluntarily wrote to Tho Capital Journal reads ns follows: 'It secmn to me that the most (Continued on Pago Four) A. N. Moshberger, Willamette Valley Southern railway agent at Monitor. Or., near here, was in stantly killed and Mrs. Moshher ger was Eeverely injured at v.o j clock this moining when their automobi'.o was run down by an Oregon Klectiic car on the branch line between Woouhuru and West Woodburn. Their baby, who was also in tho automobile, was prac tically unhurt. The MoHhbergcr family was driving couth and the electric car was traveling west at a rate of 20 miles an hour or less, according to the motornmn, J. L. Judy While there Is a good view ot the railway in both directions, when a highway vehicle Is at some dis tance from the tracks, it is laid small garage obstructs the view a. the vehicle liears the tracks, and this Is believed to have caused the accident. The motorman said he looked in both directions as hlt cs.r approached the crossing and oaw no vehicle approaching, hut Muddcnly as he wus upon tho cross ing, saw the automobile not more than 30 feet ahead. At tho Salem hospital this aft ernoon, where Mrs. Moshberger was hastened after the accident, it was believed she would recover At first he appeared to have a broken back, but although X-ray has not yet been taken. It Is not believed the back was frac tured. The cf.r wan carried some 60 feet by the train before it could be stopped. The occupants were carried About 40 feet, and thrown out. Mr. Moshberger had been sta on agent at Monitor for the nast 7 yea rs. 1 1 is poren ts. M r. and Mrs. Moshberger. live at Vancou-j ver, Wash. He is also said to he urvlved by a brother living a Vancouver. i GRAND MrCLEARS" POLICE OF "FRAME UP" New Orleans,-La.. April 3. The grand jury investigating the case of Raymond W. Holland, 21, of toneville, Ohio, who after being arrested vhlle holding up a drun store here last February, declared he waa forced to commit the crime by a policeman, verbally reported last night the youth had not been "framed" as charged. Holland testified that he cam hce from California and while walking the streets, hungry and homeless, became acquainted with Patrolman Albert Davidson, In plain cl it lies, who induced him to held up the drug store. Holland flourishing a pistol confronted the druggist, only to he greeted by several policemen who wera hiding behind the coun ters. Hoi I pill's attorneys offered the opinion the police "framed" him in order that the superintendent of police could make a spectacular arrest. Holand admitted he had a crim inal career In California and had ceen a d'.erter from the army. Jean DeReszke Bend. Nice. Francs, April . Jean DeHessko, world famous operatic artist for many years leading tenor at the Metropolitan opera house, New York, Is dead. Graves Basing hla statements on a tour of several thousand miles, taken last year, W. W. Moors of Salem has coma forward publicly in fa vor of the head-on parking system which la to be considered by the Salem city council at Us meeting Monday night. "On my whole trip I do not re member of passing through a sin gle town or city which still retains the head-out system of parking. In parking on the streets at the various places whero wo stopped I became very readily accustomed to tho gys'.em of parkins head-on (Continued on Pane Four) UDELL SAYS HE'S New York,. April 3 Under per jury charges ns a result of testi mony which he gave in his suit to compel Lillian Gish to make pic tures solely for hla company and ab.o facing disbarment proceed ings, Chnilea it. Duell, has Issued uUiteincnl terming himself "tho world's worst witncHu "and reiter ating that he and Miss Glh had beuii engaged. Although a lawyer hlmeelf, Duell Bit id that ho was "utterly paralyzed and benumbed" while on the wit new stand. It was While ho was under cross-examination that Federal .luilgo Mack dismhs- c-d the suit, ordcud Duell held for perjury and ' nnnounced disbar ment proceedings will be Institut ed. Uuell, a son of tho Into Charles it. Duct), a judge of tho United Stales court t'f appeals, Is a mem her of an old Knickerbocker (am lly. Ho Is related to F.lihu Root. Duell made public a letter he salt had been written by Mis Cilwh'a mother, In support of hi claim of an engagement. An ex cerpt from the letter rend: "If LIUInn makes an good i wife as tho has a daughter, you life together Is going to be per fect." Duell also xave out an unslun ed radio messao and a lettei which be said were from Mlsit Glxh. The letter begun "Carlsmls no" and concluded "love, blu?, red, blue, blue." Tho conclusion v. an a loto code, ho sal J. The radio me Ha Re referred to "heart trouMe" and concluded "blue, yes, blue." DAWES NOW HONORARY MEMBER OF "40 AND 8" Chicago, April 3. Vice-Presi dent Charles G. Dawes was made member of tho "40 and 8' honor division of the American Legion yesterday, tin responding by con rrlbutin-j $1000 to the endowment drive launched recently by 111-" American Legion. Fish That Flirt and Monkeys That Brush Teeth are Described New oYrk, April J Fish that flirt and climb trees, monkeys that brush their eeth after every meal and birds that sleep upsllo down are a few of the animals describ ed Iart night by Curveth Wells, F. R O. K. explorer. In a lecture ro titlng his six years of adventure In the Jungles of the Malay penin sula. Tho tree climbing fish comes out of tho water to play on the heaeh. "When you tickle Its tummy It swells up with air and bounces shout for shesr happiness,' said Mr. Wells. Another funny freak Is tha flirt Ing fish, the only swimming ani mal known to have a genuine wink This coquettish creature Is known as the perlo.-Mthalmua schloscrli, mhlch la Creek for "eya winker." SNCLAIRAND mm AP RIAL Presence of Assistant At torney General in Grand Jury Room Renders In dictment Illegal. Washington, Apr. 3. The gov ernment will appeal from the de cision of the supreme court of the District ot Columbia quashing In dictments returned against Albert B. Fall, Edward L. Doheny, Har ry F. Sinclair and Edward L. Doheny, Jr., In the oil reserve catjes. Washington, April 3 Tho gov ernment's cffoit to secure criminal convktluns against Albert B. Fall and the oil magnates who negotiat ed the celebrated western oil land leases with him encountered a serious setback today when nil ox tho Indictments were thrown out of court. Deeauwe of the presence in tho grand Jury room of an nsdstnnt attorney general while the indict ments weio being drawn up lane summer, the District of Columbia . supreme court held that neither the former interior secretary, Kd- ward L. Doheny, Harry F. Sin clair, nor Kdwaid L. Doheny. Jr. had been legally Imileted. Kcu!e Oi Tiiiiulcality The bill charging Full and the Duhenys with criminal conspiracy first waa dismissed on tho ground tha ttho assistant general's proa, once in the grand Jury room was contrary to law and then the court proceeded in another opinion to apply the same rule to tho Fall Sinclair indictment. The opinion today was handed down by Chief Justieo McCoy who held that tho senate resolution, taking prosecution of the oil re serve cases from tho department of justieo and placing It in tho hands ot special counsel for the gov eminent took nway at the sams Ume the r it,' ht of the attorney gen eral or of any of his aflMants to appear before tho grand Jury. Oliver K. Pagan, Indictment ex pert of the department of juatlce for 30 years, Is the assistant at torney general who was present during the grand Jury investiga tion. Ho drew the Indictments which now ure thrown out of court Itmlio Kitccx'b I plic Itl The court overruled the conten tion of counsel for the oil men that the' radio speceh of Senator Thomas J. Walsh of Muntauu, chief prose cutor of the senate oil Inquiry dur ing tho time the can w-ts pending iH-foro tho grand jury, rendered the Indictment void. He also ov erruled the claim ot tho defense that United Ktutes Attorney Gor-. don was Improperly present In the grand jury and that Atlea Pomer ene and Owen J. Roberts, tho president's special counsel, really appeared as special assistants to the attorney general and therefore should have been barred. On tho latter ph.uiu the court sail that It was Immaterial that Powerene and Roberta had signed the Indict ment as "special astdstan: because It was not necessary that they "ign at all. They were rightly present, the, court said, as the government's special counsel." i4 Mr. Wells told o a live teddy bear IS Inches high And looking when full grown precisely like tha toy. Ken smaller is the vent pocket deer, wivch measured seven Inches from hoof to horn. There is a plant so sensitive that It flattens Itself against the ground when one stamps near It, but yet so strong that It rrnlsts the fierc est typhoons. There Is the hygenic monkey, so careful of his health that after every meal and before going to bed at night he repairs to the nearesi stream and brushes his teeth with the aid of the first finger of tin rl:ht hand. There is the bird whl:h sleep up'lde down. "But then," Mr. Wells conclud 4, "everything is upside down s tho Malay Jungles.''
