Capital journal., September 01, 1925, Image 1

RISOM
GUARD
S' TESTIMONY COSTS J
A6HICU'.!UWl CoiitGE
SEP 2 1925
O03
CIRCUUmON
Dally average net on la circulation for
month ending August 31, 1925
6973
Average dally distribution 7333.
Member Audit Bureau ot Circulation.
FORTY-SEVENTH YEAR No. 208
SIXPRISI
EMPLOYES
Five Guards and Turnkey
Out As Result of Testi
mony Given At Coro
ner's Probe of Break.
Because they refused to blind
their eyes to tho true state of af
fairs existing at the penitentiary
when called before the coroner's
jury investigating the Murray-Kelley-Willos
break from the
prison August 12, L. T. "Pat"
Murphy and Wright Gardner,
guards at the institution, have
been discharged by Warden A. M.
Dalrymple.
It was Murphy who, on the wit
ness stand, gave the coroner's
jury Us first direct evidence of
lax discipline and loose control of
the convicts at tho prison.
Whv Mumhv Goes
Prefacing his testimony before
the jury with the statement that
he would lose his job for saying so
Murphy testified that "from my
point of view there 1b no such a
thing as'discipline" at the prison,
adding, "the convicts are running
the institution and are gaining
ground constantly."
Murpby, who had served as a
guard under five different prison
administrations, also told the jury
that there was constant friction
between the warden and the
deputy warden, that tho lax dis
cipline was a constant topic of
conversation among the guards,
who are always fearful of a break,
and that Warden Dalrymple "C
quently interforrcd with tho ef
forts of his subordinates to secure
discipline and gave in to the de
mands and pleas of tho prisoners.
Letter From Warden
Yesterday Murphy received the
following letter from the warden:
"You arc hereby notified that
your services as a guard arc no
longer required at this institution.
Your familiarity and constant
(Continued on Page Five)
United States Senator McXary 1b
regretful of the difficulty that has
arisen between President Coolidge
and Bert K. Haney of Portland,
member of the United States ship
ping board, for the reason, the sen
ator declared today, that Haney's
removal from the board an request
d by tho president, would remove
north went representation:
"If Haney docs leave the board,'
aid McN'nry, "we will urge the
pointmenb of another Oregon man
to take his place.
Senator McN'ary refused to dis
cuss tho trouble as a sympathizer
with either the president or Haney
for the reason that he had not
beard the president side of the
question.
"I spoke on the shipping ques
ttnn in rortlanrt yesterday," said
the senator, "but avoided expross
Jng myself in behalf of either the
president or Haney.
Senator McN'ary believes there Is
chance for the difference he
(ween President Coolidge and
IHaney to be patched up before the
next congress. At any rate ne oe
11 eves Haney can hold on to hie
place on the board until that time.
"Under tho law," said the sena
tor, "the president can remove a.
member of the board onlj for in
efficiency or malfeasance In office,
nd Haney is guilty of neither. 1
presume the differences have atsen
over Haney'i opposition to Maimer
At the present time Haney la serv
ing under a recess apoiafment, not
regular appointment and should
lie stay on the board It would be
necessary for the president to pre
ent hi name to congress next De
cember In the retrular wi.y. Flnce
he Is guilty of neither inefficiency
or malfeasance In office, I pre
sume the president could remove
Mm by simply presenting another
lame instead."
WALK PLA
MM NEUTRAL
REGRETS CLASH
ON SHIP BOARD
h aortal Jiy onir na
- '
I .11 I 1,
GAS SHORTAGE
FORCES PLANE
NKDOWN ATHILO
Non-Stop Flight Record
Spoiled Within Few
Miles of Destination
When Fuel Exhausted.
Honolulu, Sept. 1. (AP 11:26
a. m.) The navy seaplane PN-9
No. 1 ie out of gasoline and will
be forced to land, eaid a message
received here from Hilo. Island
of Hawaii.
Honolulu. Sent. 1 .AP.
The Mutual Wireless company
intercepted a message from Com
mander Rodgera of the PN-9 No.
i xo ine u. s. a. Tanager read-
itltr- "Tlnfa bnn l I- r
O nttji guuu Illicit Ul
us. Gas about gone. Think It
linpoeeioie 10 get in.
San Francisco, Cal., Sept. 1.
(A. P.) At 1:62 p. m. the PN-9
number 1 was reported by the de
stroyer Farragut to bo 12 ml lee-
north of that ship. The Farragut
isotationed 42 nautical miles from
Honolulu.
San Francisco, Cal., Sept. 1.
(A. P.) The destroyer Farragut,
500 miles distant from Honolulu,
acnt a message to the naval radio
here that at 11 a, m., she gave the
San Francisco-to-Hawaii flag
plane PN-9 number 1 a compass
bearing. Tho message indicated
that the plane was mid-way be
tween the Hcno and the Farragut.
Honolulu, H. I., Sept. 1. Tho
seaplane PN-9, flying from San
Francisco to Honolulu, has passed
the U. S. S. Reno, 1400 miles from
the start. Tho liner City of Los
Angeles radioed that the Reno at
10:27 a. in., gave the seaplane a
compass bearing, the machine be
ing visible to the destroyer for 10
minutes.
San Francisco, Cal., Sept. 1.
(A. P.) The seaplane PB-1. third
(Continued on Page Five)
ATTORNEYS SEEK
The public Bervice commission
has received copies of a proposed
contract said to have been submit
ted by Fjie & Fee, attorneys of Pen
dleton, to hay and grain shippers
of eastern Oregon wherein the at
torneys would represent tho ship
pers In obtaining rebates from the
railroads in event the supremo
court decides' the hay and grain
rate case in favor of the commls
son as was done in tho lower court.
The contract proposed by the at
torneys asks a fee of 45 per cent
of the omount rebated to the ship
pers. The commission, it is eaid,
will point out to the farmers and
other shippers that no count ac
tion will bo necessary to collect
the rebates for the reason that the
railroads have been required to
post a bond of $120,000 to cover
rebates if the court decision favors
the commission, and that the re
bates can probably be secured
merely by appl'cation.
Rebates would date from De
cember, 1922.
Zielinski Is Ordered
To Pay $250 a Year
For Support of Child
Paying's to he made In the
:elclnMted case of Helen Gainard
against Raymond Zielinski In
which Miss CainarfJ forced Zielin
ski to pay for the support ot her
child which, she charged wan also
that of Zielinski, have been de
cided on In an order submitted to
Judge Kelly 'today after testimony
xaa taken to determine what pay
ments should be made.
T!.e order prepared proYidca
:hnt Zielinski shall pcy $250 a
year for the first two years fol
lowing December 19, 1924, and
1L -i
Word To Accept
Prison Wardenship
Say Close Friends
Tom Word, former sheriff
of Mulliioiimli county, will
accept the appointment as
warden of tho state peniten
tiary offered Iilm by Govern
or Fierce, close friends of
Mr. Word advised the Cap
ital Journal today.
Air. Word lias nothing to
say oilier titan tliat be will
probably announce his decis
ion either tills afternoon or
tomorrow.
Conditions Imposed by Mr.
Word before he would even
consider the appointment are
understood to have been sat
isfactorily arranged at a con
ference between (lie governor
and M r. Word In Portland
yesterday afternoon.
T
Roseburg, Ore,, Sept
Charles Moore, aged 24, whose
home is believed to be near Med
ford, was killed and Marie Mead
and Floy Swisher, local waitresses,
were injured early this morning In
an automobllo accident at the
intersection of Mosher street with
tho Pacific highway In this city.
Moore sustained a fractured skull,
when the car turned over, and
died two hours after being in
jured. The girls were not serious
ly hurt.
Tho 'two waitresses, according
to the information which they
gave tho police, went to Mcd
ford yesterday to visit a sister of
Miss Swisher's. They started
back late last night and at 1:30
this morning reached the city.
The Pacific highway was bar
ricaded for one block, while a
ditch was being dug across to
supply water to the new hotel be
ing built at the Intersection with
Lane street and Moore apparently
failed to see the detour until al
most upon it.
According to Frank Stone, a
transient hiker, the only witness,
the car was traveling at a high
rate of speed. When Moore tried
to turn into Mosher street he was
unable to make the swing, and the
car struck the curb and rolled
over, righting itself on a lawn, 35
feet from the curb.
Moore's head was crushed and
he never regained consciousness.
The two girls were cut and
bruised, but bad no serious In
juries. SPANISH LOSE
Fez, French Morocco, Sept. 1.
(A. P.) It is reported here that
tho Spanish transport Kspano No.
5, carrying troops from Penon dc
Velez to Alhucemas, both in Span
ish Morocco, has been sunk.
The officer commanding the
Spanish battleship Alfonso XIII,
has .been wounded while the bat
talcship was cruising in the Bay
of Alhucemas.
(Tho Espana No, 6, a steamer
of 21CG tons, puilt at Luebrek in
1906, was requlslioncd by the
Spanish government for transport
service in the Moroccan cam
paign.) $300 a year thereafter for 12
years, or until the child becomes
14 years of age.
The order also requires that
Zielinski post a bond of $500 to
assure the payment and In default
of hit payments to go to jail until
such payments are made. -
The trial at the time created a
sensation, the court room being
crowded to the doors throughou
the taking of testimony. Both
pnrtlcs are well known In Hayes
rllle, Salem suburb, where they
reside.
SALEM, OREGON, TUESDAY, SEPTEMBER 1, 1925
s3
FORDS' HEAU
INCOME TAX
PAYERS' LIST
Henry, Edsel and Com
pany Pay Over $21,
000,000 John D. Jr.,
$6,277,669 For 1924.
Detroit, Mich., Sept. 1 Henry
Ford and Edsel Ford, his son. to
gether with the Ford Motor com
pany paid the largest Income tax
on 1924 earnings In the first Michi
gan district, figures mode public
today revealed.
Henry Ford paid $2, 608, 808. 85;
Edsel Ford $2,168,055.99. and the
Ford Motor company $16,493,160-91
Rockefeller Taxes
New York, Sept. 1 John D.
Rockefeller, Jr., paid Income taxes
of $6,277,669 for 1924, It became
known today when the tax lists
were made public.
This was the largest amount paid
by an Individual In the downtown
Manhattan district, which includes
Wall street.
Mr. Rockefeller paid income
taxes of $7,435,169 for 1923.
John D. Rockefeller, Sr., paid
taxes of $128,420.
J. Plerpont Morgan's tax was
$574,379, E. H. Gary's $322,680,
and Charles Kvans Hughes $1564.
John W. Davis, democratic presi
dential candidate In the last elec
tion, paid $49,533.
Coolidge Doubles Tax
Boston, Mass., Sept. 1 President
Coolidge paid income tax amount
ing to $14,091.86 for the year 1924,
figures mado public today at the
office of the collector of Internal
revenue here showed. Tho tax
paid by the president for the pre
ceding year was $6,643.01.
TmtRhurirh. Pn.. Rent. 1 (API
Secretary of the Treasury Mellon
paid federal income taxes or. ii,
882,600.25 In 1924. His Income tax
was tho largest recorded In the
Pittsburgh district. That of his
brother, R. 13. Mellon , was $1,180,
099.64, and was the next largest.
KELLEY'S PARENTS
Mr. and Mrs. W. H. Kelley of
Grants Pass, parents of Ellsworth
Kelley, were in the court room
when their son was arraigned here
today. They visited him yesterday
at the penitentiary. They are
aged and much depressed by the
predicament in which their son
has become involved. They declare
he never was in trouble until Ik
became Involved with the Jones
brothers by trying to help them
out of jail, tn- which he was sen
tenced to serve 20 years.
The Kelleys were formerly In
tho lumber business, but later
owned a farm in Josephine county
which is now leased out. It is said
they have practically rotlred from
activo work with enough to live
on the remainder of their lives.
Kelso, Wash., Set. 1 William
Mattson, 18, ot Itrush Prairie, wan
arrested yesterday on the Henry
Baumgartner farm at Lexington,
where he had been working and
officers say he admitted partici
pation In the daring noonday hank
robbery at Dayton, Ore., on March
18, when $1200 In cash was taken.
Mattson, arresting officers said,
told them thu holdup was carried
out by J. Thomason, who was slain
In July following the robbery of a
Vancouver bank. Matron said he
waited In front of the bank while
Thomason held up the bnnk and
then drove him away. Mattson was
attending the Dayton high school
at the time and said he was 1 S
minutes tnte in returning after the
noon hour.
All
UV1
i
Due Honors Paid
Convicts Three as
Returning Heroes
Three heroes were paid all due
honor this morning. .
Tom Murray, Ellsworth Kelley
and James Willos came into their
own.
As 9 o'clock approached the
courthouse grounds, lobbies and
halls began filling up. Out on the
lawn little children were seated in
groups. In some mysterious way,
stenographers, clerks and other
gaily dressed women and girls
succeeded in getting away from
their duties.
The three great men were about
to approach.
Out in the graveyard the bodies
of Thomas Sweeney and John Hol-
man, were lying under six feet of
sod, only withered wreaths, tri
TAX DODGERS
Portland, Sept. 1 Inspection of
the Income tax returns of prom
inent Oregonians reveals the fol
lowing: Julius Meier, department store
manager, paid the government
(16,906.
John B. Tcon, timber owner and
operator of a large office building
here, paid $13,415.
Simon Benson, reputed to be the
wealthiest resident of Oregon, paid
a tax of $329.13.
Edgar B. Piper, editor of the
Portland Oregonian $342.36.
A. I. Mills, president of the
First National bank here, paid no
tux. J. C. Ainsworth, president of
the United States National bank
and representative of one of the
big pioneer estates $57.56.
The Henry L. rittock estate,
formerly the majority owner of the
Oregonian Publishing company,
$85,585.
Villard P. Hawtey, paper mill
manufacturer $8,989.09.
W. B. Ayer,, sawmill owner,
578.
ELKS TO OCCUPY
NEWTEK
Tl. Cr.lr.m Klka Will foi'lllilllv OC-
ti.Dit. now t.imtilo hern Thurs
day night of tliie week, tho regu
lar meeting nini, n -iiounced
this morning.
nnlr..a nt I lin lnilf?P Will
gainer os usual at tho olil temple,
where n larewell tarn wm wu kiv
en by I'rank Wrighlmnn, a char
ter member of the lodffo, and then
will march In parade formation to
the new tcmtilc led by tho band
and drum enrpfl.
At the new tempio no hiukm
meeting will be opened with a talk
by Judge P. II. D'Arcy, which will
be followed by a sultalile program.
tlon of the new building nwalla
the appointment ot mo ncuica-
H,m Animnittrn which will nrol)-
ably be named Thuradny night.
The (lining room 111 inn m-v
Tiir.rterH will be opened Wednes
day noon. v
PLANE TO TRY
. I!rnoir!u, Kep. ?. fA .1.)
Tho disable I renpinue PN-9 num
ber 3 will try another non-slop
flight from San rruiKtsco to Ha
waii. The ocmmnmlment of the Four
teenth nava! district at 7 a. m, to
day received the following nica-
nairc. addressed to Lieutenant Ai
Inn Snody. chief pilut of tho PN-9
number 3:
"Ileport at once earliest date for
PN-3 to recoil Crispy field, effect
it pair and start west const
ttftvnfi flight. What wing surfarri
and other material be required."
r3
butes from a few friends, still
adorning their graves. In the
crowd that waited the three heroes
at the courthouse, perhaps half a
dozen or so could remember the
names of the dead guards.
The stranger wonderel what
was about to occur, whether the
city was out to pay homage to a
conquering warrior, the writer of
a great book, the creator of a new
thought.
It was someone greater than
that. This soon became evident
when Murray stepped nut of a
shiny automobile, handcuffed to
a guard and closely followed by
another.
Cameras clicked, little boys
(Continued on Page Five)
Prosecutions for violations ol
tho law are becoming mure diffi
cult each year, V. C. Levuus, slate
prohibition director, tuld thu Su-
lem Kiwunis club at Its luuclieou
at the Marion hotel this uoou
That the district utlurney is not
allowed to introduce personal evi
dence, while the attorney fur the
defendant is, and that tho state lb
nut allowed to appeal a case, were
declared by thu speaker lu bo out
standing umong the handicaps
which makes it difficult to prose
cute a law violator.
'Kvery time a cusc Is appealed
by the defendant, and decided in
his favor, the peg Is moved thai
much toward his bide, and the
stutc, never having the right to ap
peal, never has the opportunity to
move it back," he Buid. "Our
criminal code has been neglected
for more than 20 years. We talk
f a crime wau. With conditions
the way they arc, wiiy shouldn't
our criminal laws be violated."
Levcns expressed the conviction,
however, that the "prohibition law
is gaining ground." There are twi.
reasons fur the gain, be declare).
One Is the quality of liquor com
inoiily dispensed by the bout leu -ger,
tho other is the "fact that the
boys are not as proud of drinking
liquor as they used to be."
lie described stills be baa visit
ed within the past few years, stat
ing that many of them were
found to contain "grasshoppers,
ground squirrels, wood rats and
other animals, to say nothing of
poison from tho metal ilsclf."
"We have roached n siase when:
the question Is this," ho said, "art
the American people able to mnkt
and enforce their own laws?"
ROBBE DBANK TO ELOPE
WITH SOCIETY BEAUTY
San Antonio, Toxas, flept.
(AP) A nation wide man hunt
for Will Ed I'razor of Mlddlehoro
Ky,, bank'casliier, who la Is charg
ed, left his wife and family for a
beautiful 22 year old girl and ab
sconded with bonds and ensh ng
gregaling moro than $100,000,
ended hero today when ho was tnk
on into enntody, Tho woman,
society girl of Lexington, also 1h
held as an aerrFwory
Grand Theatre Will Be
Heilig When Work of
Remodelling Finished
Work of remodelling tho Grand
theater throughout began today.
The namo will be changed to the
Heltlg theater, It has been an
nounced, and first opening will
be Saturday, September 12. Two
shifts of workmen are being em
ployed in the work.
Changes Involve Installation of a
lighting system to decorate the
building on the outside at nlftht,
terlng out the wall south of Ois
main lobby facing IHnh street, in
stalling ft largo new Hoctrlo sign,
moving the ticket office so that It
nnmp rprrpT?-!? PPVTO ON TRAINS AND NEWS
ii"U" iiiuuu
President Hopeful Oregon
Commissioner Will
Comply With Request
And Quit Ship Board.
Swampscott, Mass., Sept. 1.
(A. P.) President Coolidge is
hopeful that Dert K. Haney of
Oregon will reconsider his refusal
to resign as a commissioner of the
shipping board.
Although extended comment on
Mr. Hnney's determination to stay
service despite tho president s
request for his resignation was
withheld today at White Court, It
was stated that Mr. Coolidge be
lieved the commissioner on think
ing the matter over, will realize
the Impropriety ot remaining on
the board.
' Action Not Intimated.
It is the view of tho president
tltat Mr. llanoy has shown thut
be docs not intend to carry out the
policy laid down by tho merchant
marine act, and that until ho is of
such a detcruiiunliun he should
not attempt tu hold hie place as i
board member.
Although nothing official could
be learned as to what President
Coolidge will do In tho event Mr
Haney persists in his refusal tu
resign, it was declure"d that the
president is determined lo end dis
sension between shipping board
commissioners.
Mr Coolidge thinks it has been
shown that some members of the
board arc not In harmony with hii
merchant marine policy, and hi
efforts to promote efficiency and
uconomy lu government. On tin
whole, ho realizes, however, that
the board has shown a tendency to
eo-operate with him and he be
lieves the situation will improve
materially from now on.
RE
The Maihlonia. United Stutr.s
government dredge, started work
un the Willamette river this morn
ing. The dredge was brought i
the river from Portland under Its
own power yesterday, several
weeks having been spent in put
ting the vessel Into condition. The
boat starts nt Mission bar, a Tew
hundred yardj below iJrenlanu':
landing.
The Northwestern has been
making It over tne nar, but has
been having difficult and has been
able to carry only some t 0 tons at
a trip. It Is expected that the
Mathluma will be through the bar
in two days.
The Mimticello, which has been
working down tho river from Sa
lem, will reach V.'hcalland ferry
tomorrow and will continue on
down the river, meeting the Math
loin a coining up. There Is n dis
tance of sonm 15 miles of river for
(ho two dredges to clear, work be
ing necessary at about six differ
ent places. Kred Carr, head of the
Salem Transportation company,
stales that ho Is convinced It will
1)0 possible to get the river elear
by September 15.
He
faces Immediately on tho street,
and thoroughly changing and re
deeur.tUng the inside of tho theator,
It will bo decorated In Egyptian
style.
The seating Arrangement In tho
theater will ho nltered to Increase
Its capacity by 100 pemons, mak
ing the total capacity R60, Tho four
lower boxes will be torn out, and
tho rows of sent extended to the
alwles. The upper boxes will be
MK
askhaneytqInotguil
RECONSIDER
US REFUSAL
redecorated. Tho stage will he com
plrtely rebuilt. Tho lighting or-
iCuutinuod un Pago 'ive.j
CLOUDY TONIGHT
And Wednesday, Cooler In the east por
tion Wednesday. Gentle variable win da,
Local: Mai, 80; mln,, 65; rain, none;
river, -2.1; atmos., part cloudy; wind,
west.
STANDS FIVE) CENTS
JY
PLEAS MADE
Tom Murray To Be Tried
October 5 On Murder
Charge, Kelley and Wil
los Later.
The trials of Tom Murray, Ells
worth Kelley and James Willos,
who shot their way out ot the Ore
gon state penitentiary on August
VI, will begin Monday, October 5,
the first day of the next regular.
term of court in Marion county.
The three will to tried separately,
.Murray to be tried first.
The date for the opening of tho
trials was set by Judge Percy R.
Kelly here today after the three
convicts, appearing separately, had
all pleaded not guilty. The order
that they he tried separately was
the granting of a motion by Will
It. King of Portland, attorney for
the three convicts. Murray's trial
will open Friday, October 6, at 10
o'clock, and the ortcr two will
come on as rapidly as possible aft
er the trial of Murray. Whether
Kelley or Willos will be tried sec
ond was not indicated today by
District Attorney John IT. Carson,
and Attorney King was not pre
pared to estimate the length ot
titno that will probably be neces
sary for tho three- trials.
Sweenpv Case First
While t hero are two first de
gree murder indictments against
endi of the throe men, one for tho
killing ot Ouard Sweeney and an
other fur the killing of Guard J
M. llolman, only one indictment
that covering the Sweeney murder,
was read by the district attorney
today. Should all or olther of the -three
be acquitted on this charge
it would then be possible to try,
them on the secoua Indictment.
Murray was first brought from
the eta te penitentiary to the court
boupe today for arraignment. The,
steps, corridors and court chann
her at the court house wero crowd
ed with persons eager for a
glimpse of the leader ot the break
and several cameras clicked as he
left Hie prison automobile and
mounted the steps. This caused
Murray to smile.
Murray waa cool In the court
room where ho sat for 10 minutes
under guard but without Irons on
his wrists before Judge Kelly en-
terod the chamber. Asked for hie
plea Murray, without turning to
his attorney nnswered "not guil-
(oa..t on,i uo panupuu;)!
YOUTH VICTOR
Oakmont, Sept. 1 (AP) Youth
was served today when Roland,
.Mackenzie of Washington, continu
ed his brilliant game and conclud
ed his 36 hole qualifying round,
of the national amateur golJ
ehaniionHhip with a Card of 146.
The youthful Washington star,
with n enrd of 71 at the end oC
yesterday's round, had a 36 going
out this morning and a 38 coming
home. Tho trapped fairways and
lightning fast green held no ter
rois for Mnckonzle. Ho played a
steady Ramo from the trees and on
the putting greens, drawing round
after round of applause frm hie
big gallery.
Close behind this youth came an;
other young In yenrs but Interna
tionally known In golf the one
and only Hobby Jones, present
champion. Bobby shot ft 74 today,
giving him tho runner-up post
tion to the medalist with 147.
These wero the only two card
under 150, the scores for tho most
part ranging from 155 to above
170.
GASTON STOKE DESTROYED
BY FIRE EARLY TODAY
Forcint Orovo, Sept. 1 The Oar
row nml Mi'Cune Kneral merchan
ntnre hi Onstnn. lx mile.
Koulh of here wm dontroyed bf
lire t.iily lodny, cnviilng an .tl
mnteil loss of bolon $20,000 in4
l.tn.OOO. Tho hull.tlnj owned by
the odd l'ollows loilco, was Inaur
id for CI0OO. Tha organization loal
nil Ha r.coidj and regalia.
S