The Semi-weekly democrat. (Albany, Linn County, Or.) 1913-1926, March 18, 1913, Page 4, Image 4

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    DEFENSE IN THE HENRY MURDER CASE
SHOWS-THREATS AGAINST THE LIFE OF
DEFENDANT BY THE ALLEGED VICTIM
State Rested Its Case at 6 P. M.
Defense Placed on Stand at 9. A. M. Today; Effort Will Be
Made to Introduce in Evidence Letiers Passing Between
Dodd and the Defendants
"If I ace Ralph Henry before he
seea me, I shall blow his bruins out
for he is in my way."
The above statement was credited
to the laic Geo. Dodd by a witness in
the Henry murder trial who testified
here this afternoon, and was corrob
orated in some particulars by other
witnesses who testified as to threats
made by the alleged victim, towards
the defendant.
The state rested its case at 6 p. m.
l;.st nitfht, and at 9 a. m. this morn
ing I he defense commenced the in
troduction of its testimony.
That Jin effort will be made to in
troduce in evidence letters which
pacscd between Geo. Dodd and the
defendant's wife was indicated this
morning when Attorney Weathcrford
placed witnesses upon the stand to
identify the handwriting of buth the
defendant's wife and the late Geo.
Dodd, The court declined to permit
the reading of the letters until the
proper foundation had been laid.
' In testifying fur" the stale yester
day afternoon, Dr. Davis asserted
that he has made a careful exam
ination of the lungs of the deceased
and found that they contained no wa
ter.' This testimony was material to
(he state as indicating that the de
ceased came to his death from gun
shot wounds and not from drowning.
Dr. Davis was followed by J. K.
Wells, chief of police of Corvallis,
who testified as to the circumstances
of the arrest of the defendant.
h'red C. I'eil, deputy sheriff of lien
ton county, followed Wells and stat
ed that at the time of Henry's arrest
he found oil his person a box of cart
ridges. D. S. Smith, ex-sheriff of Linn
county, testified as to' the date when
the defendant was turned over to the
Linn county authorities.
M. M. Long, proprietor of a sport
ing goods house in Corvallis, stated
that Henry came into his place of
business on the day of the shooting
and bought at ,18-calibre revolver, lie
was first shown a thirty-two, but re
quested a larger gun. According to
the witness the defendant did not ap
pear to be excited at the time of the
purchase.
Long was followed by O. B. Reed,
a bridge carpenter who was working
on the superstructure above the raft.
He gave a detailed account of all that
transpired and asserted that the de
fendant fired three times at Dodd.
He proved a good witness for the
state.
L. C. White was also employed on
the bridge and testified as to what he
remembered of the tragedy.
Krank Kemp wan the ferryman
who conveyed Henry to the raft but
claimed that he did not sec the shoot
ing. Gilbert Beach was a passenger in
the ferry boat which conveyed llenry
to the scene, but only saw the last
two shots fired.
Delia O'Neal was also a passenger
on the ferryboat, but asserted that
did not see the first two shots
fired.
Otto Hathaway, a boy who was a
passenger on the boat, gave a de
tailed account of the shooting and
proved the star witness for the state.
In all important particulars he con
firmed the testimony of Reed.
LcsHcHeacl 8thejUoogfntm
a SOCIETY.
tj)
Miss Mae C. Tillman
Society Editor.
Home Phone 156
On Tuesday evening Mr. Olin Neb
crgall invited the young men of this
Sunday school class, and their lady
friends to a party, at his home on
West Fourth street. The evening was
passed in playing games, after which
dainty refreshments were served by
Mrs. Nebergall assisted by her daugh
ters Lois and Helen and Muriel Gil
bert. Those present were: Misses
Orah Conn, Gladys Gilbert, Ruth
Keeps, Fster McChesney Minnie Lan
iluili. Anita Conn, Hazel Gilbert,
Helen Solomau, Muriel Gilbert. Or
leana Thomas, and Phyllis Goins.
Messrs. Arthur McChesney, Lou
Davis, Robert Fair, Chester Hughes,
Raymond Anderson, Alexander Fair,
Walter dimming. Forest Campbell,
Frank Bussard, Floyd Simons, and
Olin N'bergall.
The Ladies' Aid Society of the
rirt Presbyterian church held its
lii st annual meeting at the home of
Mrs. Mabel Simpson Wednesday af
ternoon. The election oi officers
took place, which resulted as follows:
President. Mrs. Mabel Simpson first
Vice-President Mrs. Geo. Crowell.
Secretary Mr-. A F. Hart, and Treas
uier Mrs. J. P. Martin.
l v)
Mrs. Annette Stoddard wil 1 be
heard in the following Pipe Organ re
cital at the United Prch teriau
church Suud.iy March In, at ?15 iv
in. preceding the evening service. Pil
grim's Chorus, Wagner; Largo, Han
del; Prayer and Berceuse, Guilinant;
Tocatto, 1 ubois; Congregational
Sinking. Prayer. Scripture Reading,
( Weratory C.intiteue Nuptials 1 hi
bois; xrrnion. Prayer anil benediction,
Post hide: March Solenelle, I. m:ii-gre.
Last Night; First Witness For
Wife.
the bank, but could not give all of the
details.
J. IT. Brown, who assisted in the
recovery of the body, told o'f its con
dition when recovered.
The defense placed its first witness
on the stand at 9 o'cloc this morning.
J. F. Stewart, ex-county judge of
Lincoln county, was placed on the
stand to identify the handwriting of
Mrs. Henry. His testimony was on
jeeted to by the state on the ground
that the proper foundation had not
been laid. He was then withdrawn
and the defendant was placed on the
stand for. the purpose of qualifying
the witness.' ' 1 '.
Henry was asked as to whether or
tjot his wile had ever communicated
to him the fact 'that she had been in
correspondence with Do'dd, to which
the witness renlied that she had told
him that Do'dd loved her, that he
wore her picture over his heart con
stantly and that she had been in cor
respondence with him since she had
been in Eddyvtllc.
Judge btcwart was then recalled
and under objection from the state
was permitted to testify as to wheth
er or not the signatures to the four
teen letters introduced were signed
by Mrs. Henry. He repled that each
letter was signed by her, hut the
court ruled that the letters themselves
could not be read until the defense
proved affirmatively .that their con
tents had been made known to the
defendant.
In cross examination the state
brought out the fact that Judge Stew
art had been active in securing evi
dence for the defendant, which weak
ened his testimony to so'mc extent.
Mrs. James Post of Corvallis testi
fied that she conducted a rooming
house and that Dodd was a roomer at
her house. She asserted that Mrs.
Henry visited Dodd on one occasion
and that after his death she demand
ed that she turn over his truck, which
she declined to do without authority
from proper officers.
Ralph Pitman of Chit wood identi
fied the signature of Dodd on a num
ber of letters which it was claimed
were by him written to M'rs. Henry.
The court declined to permit the
same to be read until the proper
foundation had been laid.
John Fry, Mr. Allen, Henry Chat
terton and Ed Abbey testified as to
threats made by Dodd against Henrv.
Chatterton testifying that Dodd
showed him a couple of guns and
stated that if Henry ever made a
false move he would kill him on the
spot.
At 1 p. m. Walter Porter was plac
ed on the stand by the defense and
testified to threats made by Dodd to
wards the defendant. His testimony
was confirmed by Earl Aupperle and
Clms. Mason.
Mason was followed hy Ed Payne
who testified ns to the mental condi
tion of the defendant prior to the
shooting. He gave it as his opinion
that Henry was not in his right mind
at the time the conversation took
place.
Bert deer, sheriff of Lincoln conn
ty, was the next witness, and asserted
that he had talked with Henry prior
to the tragedy and in his judgment
the man was not in full possession of
his mental faculties.
The Royal Auction Bridge cluh met
with Mrs. Rockv Mason at her home
.126 W. Sixth street on Thursday af
ternoon of this week. After an en
joyable afternoon was passed in play
ing cards, a dainty repast was served
by the hostess. Com-limented guests
were: Mrs. John French and Mrs.
Dan Johnston.
On Saturday, March 8, the office
force of the Democrat enjoyed a trip
to Corvallis by auto for the purpose
of seeing the game at the O. A. C.
gym. Much interest was shown by
the exponents of the "art that pre
serves all arts" throughout the en
tire course of the contest. Entering
into the spirit that prevailed, the ed
itor of the Democrat had in store for
the merry-makers by far the most
pleasing surprise of the evening's
joyful surprises a delicious cafateria
lunch, elaborate in appointment, ex
act as to detail, abounding in genial
ity, it left a lasting impression of the
deepest of good fellowship an im
pression which time can never erase
Irom the memory of those within the
circle of the editor's esteem and
they are ever living over again that
happy seance. The return trip over
the south-river road under the dia
mond studded canopy of the beauti
ful, deep blue sky, suggesting as i:
did the mysteries of the fathomless
ocean deeps; and bordered at the
horizon by 'the sombrc hucd ami
graceful line of the Cascade, proved
a most fitting setting tor the nwst I
joyous hour in many fot the happy
participants, and has "ever n'nee elicit
ed nothing but boundless appl n:se
and the sincere! regrets thai that
brief hour had the sa:nv inevitable i
late of all other hours it c-wlcil!
The favored individuals of the ocea- j
sion were: Messrs. Edward C. Vicr- i
cck. (.has. . Alexander and Barrett,
the Misses l-dith Hall, Margaret
Smith and Eva Hughes.
s1 J v? $ v $ 5 i ,i
News on This Page is
9 From Daily Tin nt 1
s SATURDAY, MARCH 15. &
DRUNK CASES ARE SCARCE
- IN LOCAL POLICE COURT
Policeman of This City Have
Not Made An Arrest for
, Drunkenness in a Week.
From the exceeding quietness with
reference to drunk cases in the local
police court for the past few days the
natural inference is, that the, recent
campaign against the blindpiggers of
this city has, had its desired effect. ,
It is evident that the dispensation
of liquor has ceased to a great extent
for police court activities are con
trary to the general rule o'f having a
drunk charge before the court nearly
every morning. The last arrest made
for drunkenness by Jocal police was
made some tinle last week and it is
conceded to be a positive fact that
bootleggers are thoroughly frighten
ed, in view of the recent indictments
returned by the grand jury.
It is understood that a large num
ber have skipped from the city for
fear that true bills would be found
against them. It was learned indi
rectly that there were several indict
ments returned by the recent grand
jury-, which have not as yet been
made public.
FATHER LANE PRESENTS
SPLENDID BIFT TO LIBRARY
Catholic Encyclopedia Is Graci
ously Accepted by Library
Board Last Night.
The gift to the public library of the
Catholic Encyclopedia, an extensive
work in a dozen or more splendidly
bound volumes, was announced last
evening by President H. H., Hewitt,
of the library board, at a session held
in Judge Hewitt's office. The pre
sentation is made by Father Arthur
Lane, of this city. The gift was for
mally accepted, and the work will be
placed on the shelves of the library,
where it may be seen and called for
by those interested. It is an elab
orate work, with thirty thousand
signed articles, seventy-five maps,
etc., and. though a Catholic work,
covers the entire field of religion in
a fair manner. In fact some erf the
best notices of the production have
come from Protestant writers. Be
sides giving sketches of different re
ligions and denominations, the work
covers the different states of the
Union separately, makin? it of a most
local interest. The work cost $91,
making it quite an acquisition to the
library.
Auctioneer Stevens, of Corvallis.
one of the valley's best stock sales
men, returned this morning from
Lebanon, where he had been to cry
the sale of cattle for W. W. Nicholls.
Good nrices prevailed, with a large
crowd present to bid.
ROSE BUSHES FREE
The Rexall Store managed by
Fred Dawson desires to co-operate
with the honiemakcrs of Albany in
beautifying the city and making it the
city beautiful. They have secured
250 2-ycar-old rosebushes that will
bloom this year to distribute to the
citizens of Albany. Call and see the
terms. wktyM 14-18-dly 15-21
FARMERS. ATTENTION I
Seed wheat for sale. Inquire of the
Albany Mill & Elevator Co.
K27 to M 27 dJtw
WHEN YOU HAVE
AILMENTS
of any sort and that you have gained
no results from other doctors, do not
give up hope until you have seen
Tho Hint Wo Chinx Medical Co.
Their roots are from the interior of
China ami used hy old famous special
ists for years. These wonderful roots
will cure Catarrh, Asthma, Lung
Trouble, Cancer, Rheumatism, Blood
Poison, Nervousness, Stomach, Liver
and Kidney Troubles. Also private
diseases of men and women. No op
erations. Consultation free. Office
hours 9 a. m. to 8 p. m.
THE HING WO
CHINESE MEDICAL COMPANY
Third and Broad;ilbin St.
Bell Phone .Wo J. Albany. Oregon.
FIRST MEETING OF CRED
ITORS. In the District Court .if the United
Stales for the District of Oregon.
-asc .no. :.ii in itanKruptey.
In the matter of I. E. Lohauah.
Bankrupt.
To the creditors of I. E. Lobaugh
of Albany in the County of Linn, and
uisinci aiorcsaui. a naukrupt:
Notice is hereby given that on the '
1.1th day of March. A. D.. 191.1, the 1
said I. K. I.obaugh was duly adjudged '
a bankrupt: and that the first meet-
ing of his creditors w ill be held in I
Albany, Oregon, County of Linn, in j
the office of the undersigned referee
in the Cusick Hank Building on Kri-
day the JSth day of March. A. D., !
ISU. at 10 o'clock in the forenoon,
at which time and place said creditors !
may attend, prove their claims, ap-!
point a trustee, examine the hank-;
nipt, and transact such other busi
ness as may properly come before
said meeting.
Dated at Albany. Linn County,
Oregon, this March 14, 101.1.
C. C. BRYANT.
Wkly MarlS Referee in Bankruptcy.
"CITY OF EUGENE" PASSES
. ; ALBANY THIS MORN1N6
Boat Employed in Construction
of Oregon Electric Tows Raft
of Logs Up Stream.'
The City of Eugene, hailing from
Portland, a river boat used in the
construction o'f the Oregon Electric
Railway, passed this city this morn
ing at 8:45, o'clock bound up. stream,
towing a small raft of logs. '
,The City of Eugene is a large and
rather 'handsome craft and has been
used up and down the Willamette riv
er since construction work started on
the Oregon Electric. The boat is
used in towing piling for bridge con
struction and ,for the transportation
of numerous supplies. -
The raft of logs-, brought up this
morning were for use, "in the comple
tion of the- Oregon "Electric trestle
across the lower end of Bryant's park,
and the boat was able to go into the
Calapooia river as far as the first
bend in the creek.
FOR SALE Over a carload of good
Carmon No. 3 potatoes, good for
seed, at 25c per bushel, at my barn,
corner Hill and Sixth streets. Now
is your chance. A. J. Carothers.
Mar8tfd&w
SANDY LOAM delivered, $1.15 per
yd. Also gardens plowed and har
rowed. Bell Phone 584 J.
Wkly-Mar-11-25
Fisher, Braden& Co.
FUNERAL DIRECTORS
AND UNDERTAKERS
Underiaking Parlors, 3rd and
a Broadalbin
SS LADY ATTENDANT
Both Phones
Come on and bring a
friend to see Snyder
draw out your plow-lay
Don't fail to see our
NEW POWER
HAMMER
404 East Second St.
Albany
We Are Now in a Position Where We Cam Satisfy Your Every Desire for
EASTER APPAREL
The Stock Has Been Carefully Selected, So You Are Assured the
fewest and Best Things
We are featuring
elegantly
tailored suits
in
tans, browns
and greys
Excellent linings
cut-a-way
and
straight
style
Others as low
From now on we will
coats
at
FATHERS CONSENT OBTAINED;
" COUPLE ABE MARRIED
Because his father lived in Ger
many, Paul Gerbig, 20 'years of age,
was . compelled to wait for several
months before he could obtain the
written consent of his parent to mar
ry Miss Margaret Gerber.
The written consent was yesterday
filed with County Clerk VVillard
Marks and was acknowledged by the
parent before the American consul at
Gera Reuss, Germany, on August 13,
1912. Upon receipt of the father's
consent the license was issued by
the clerk.
Miss Zona Adda Haight, a well
known soloist and prominent in local
circles of this city, returned last night
from a week's sojourn with friends
in Halsey. She was the house guest
of Mrs. L. L. Drinkard who was for
merly Miss Koontz of that city.
Dr. Hill went out to Lebanon this
morning.
New Wool
Challies
in stripes, polkadots, dainty figured or
bordered.
An exceptionally pretty material for
waists or full dresses.
Comes in two qualities
at 45c and 65c yard
Mercerized Poplins, white ground with
colored stripes, is the prettiest wash
goods of the season and sells
at only 35c yard
Agents for
Standard
Patterns
FLOOD'S
334 West First Street
.MS
M I L L H N E R Y
have special tables of NEW HATS,
colorings. See the bargains at
$3.E0 and $5.C0
WORKMAN ARE REPAIRING
- FIRE HOUSE NUMBER 2
Repair work was started this morn
ing on the fire house on North Lyon
street to accommodate the new fire
apparatus which is expected to arrive
the first of next month.
The building will be remodeled to
the extent o'f placing double doors in
the front and will be plastered and
repaired in numerous places on the
inside. The upstairs of the building
has already been remodeled and has
been fitted'-up as night quarters for
the active firemen who spend the
night there.
The new apparatus which will ar
rive the first of next month is an
Otto Chemical Engine manufactured
by the White Moto Co., makers of
the celebrated White gas and White
steamer automobiles. The new en
gine will contain two chemical tanks,
will carry several sections of hose
and a set of ladders.
Agents for
Kabo Reducing
Corsets
Coats that embody
all of the
style
and beauty
that
could
be desired
Tan
brown
and navy
are
t h e
predominating
colors
Exceptional
values at
Others up to
good styles and pretty