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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Jan. 4, 1910)
VOL. xx. SAIiEM, OREGOX, TUESDAY, JANUARY I, 1010. NO. 3. JURY IN Meyers Shows Great Inte in Examination of Jurrors by His Counsel. THIRD VENIRE OF FIFTEEN MEN ISSUED Tho Taking of Evidenco Was Com menced at 3 o'Clock This After noon Tho "Standing Room Only" Sign Was Hung Out by the Court Tills Morning. from acting, and so was T. A. Black erby, and this exhausted the special vonir, and Judge Burnett directed the venire, and the judge directed the court room, and Henry Fletcher was the first called. This met, with an objection from Attorney Richardson, of counsel for defendant, pn. the ground that the laws provided that tho jurors must be summoned from the county at large that they must be selected from names appearing on the tax roll, but Judge Burnett after considering the law ruled against his objection. After Fletcher failed to tiualify because of his views in re gard to. capital punishment, and also Thomas Edwards failed because of his decided views on the case, T. G. Chester finally qualified and the de fense excused Curtis. At this junc ture Attorney Carson, of counsel for the defendant, arose and stated to the court that, in his opinion, tho method of securing jurors from the court room would bo too slow, and that matters would bo expedited by having the sheriff secure a venire of 15 men, and Judge Burnett, acting on tho suggestion, directed tho sheriff to secure tho venire, and adjourned court until 1 o'clock. ,Tho work of securing a jury wont iorwara siowiy tms anernoon, anu it is certain that no evidence will bo adduced In tho case today, and doubt ful whether tho jury will be secured before an adjournment of the after noon session. With eight of tho permeptory challenges allowed to the defense un dor the law, and three of tho six al lowed to tho state unexercised, the spoc'al venire of 15 men summoned by Sheriff Minto last night as jurors in the case of the Stato of Oregon against George Meyers, charged with tho murder of Night Patrolman Eck hart last fall, was exhausted before 11 o'clock this morning, and an ad journment was taken by tho court until 1 o'clock this afternoon, In or der to afford the sheriff an opportuni ty to summon another venire of 15 men. When tho court convened In tho afternoon Sheriff Minto was on hand with his venire of prospective jurors, and the work of empannoling a jury in tho case was resumed, but tho progress being made is about the samo as that of tho forenoon slow and it is not believed, at a lato lour, that anything more would bo accompl'shed in the trial than the securing of a jury if that much is achieved. At least neither District Attorney McNary of the counsel for tho defendant, Messrs. Carson, Rich ardson and D'Arcy, expect to get into Uio evidenco until tomorrow s ses sion. Court Room Crowded. As at yesborday's session the court room at tho convening hourthls morning was crowded, and the ses sion had not progressed long until tlto room was completely filled, and a largo number had to bo excluded. Thoro were fewer women in attend ance at tho session this forenoon than yesterday afternoon, but they mads amends for this during tho after noon, and this session was well rep resented by the fair sex. Tho de fendant occupied the samo seat as yesterday between Attorneys Car son and D'Arcy and the nervousness tli.it characterized his demeanor yes terday afternoon was absent today. ad ho was perfectly calm; signified a great interest in the oxam'nation f tho jurors by his counsel, and from timo to time ho consulted with them with relation to questions to bo pro pounded to a juror. While the pro ceedings of tho day were ont'rely oonflned to tho examination of Jur ors as to their qualifications, a pro ceeding which is slow, tedious and i generally of no public interest, they wore given tho closest attention by tho audience, so close that it seemed that not a single question of tho at torneys or neply of the Jurors was permitted to escape tho ear of tho individuals entering Into its composi tion. Many Excused for Cause. Tho jury box was filled that Is passed for cnuso when J. M. Co burn qualified for tho twelfth man. and tho defense exercised its per emptory challenge on Zadoc RIgg3. Joseph A. Cook was summoned to Yesterday's Proceedings. Tho work of empaneling a jury In tho circuit court for tho trial of 'Geo. Meyers, charged with the mur der of Night Patrolman Thomas Ec kert last fall, was commenced yes terday afternoon before a crowded court room in fact so crowded that orders were issued by the court to tho bailiff to admit no further spectators. The crowd was mostly made up of men, but a few women entered into its composition and while the work of empaneling a jury is generally dry and uninteresting, it was listened to by those in at tendance with tho keenest interest. District Attorney McNary appear ed for tho state, and Attorneys Car son, Richardson and D'Arcy ap peared for tho defendant. Tho do fondant was seated between attor ney's Carson 'and D'Arcy and while at first ho seemed" nervous, as the proceedings went on grew more calm and collected, and took an ac tive Interest In tho work of empan eling tho jury which is to render a verdict as to his guilt or innocence of tho crime with wh'ch he Is charged. The work of securing a jury consumed all of the afternoon session, and when five ' o'clock ar rived the regular panel had been ex hausted, and tho court directed that an extra venire of 15 men be Issued, and court was adjourned until 9 o'clock In tho morning. Serious Matter Says Judge. The work of examining the jury went forwards solemnly during the afternoon with one exception, and that was when a prospective jury man made a reply to a question put to him' by one of tho attorneys, which caused a ripple of laughter to spread over the audience. The jury man had been oxam'ned at length by counsel for both the stato and defense examined as to his quali fications In almost overy respect and finally in reply to a question by one of the attorneys stated he would rather not sit on the case. There was not anything witty about the remark, but It camo unexpectedly and tho audience was In a right hu mor, and It was greeted with laugh tor and noiso. Judge Burnetto brought his gavol down as soon as It started and after rapping for or der several times, announced to jtho audience that any ono who de s'red to remain In tho court room must be orderly that tho proceed ings were not a show, but a solemn matter tho cause serious, and that If thero followed a repetition, he would have tho officer eject from the room tho offenders, and front that timo there wero no further out breaks. Self Defense Ro Invoked. It became apparent as soon as At Sailing Along About Fifty Feet From the Ground When Some thing Went Wrong and the Machine Shot Down Rapid. THE FIFTH LIFE FORFEITED TO AVIATION Both Legs Were Broken, Chest Crushed, and Skull Fractured. De la Grange Was One of the Most Experienced Manipula tors of Aeroplanes In the World, Having Established Rec- ord for Covering 124 Miles In Two Hours. BURIAL POSTPONED ON ACCOUNT OF RAIN UNITKD l'ltKSS LHASKD WIItB.l . Bordeaux, France, Jan. 1. Leon de la Grange, tho famous aviator, was killed hero today when his aero plane collapsed while ho was mak lug a flight. The denth of de la Grange makes the fifth life forfeited to aviation. Tho first to bo killed was Lieut. Selfridge, who was killed In the col lapse of a Wright caroplane at Fort Meyer, Va. Tho second was Lo Feb vre, who was ullled at Juvissy. The third was Ferbor, who died at Col ogne, and the fourth was Fernandez, killed at Nice. De la Grango was flying his mono plane, which hau replaced tho bi plane originally used by him. Tho flight began with apparent ease and feet from tho ground, when suddenly the aviator was sailing at about 50 feet from the ground when suddenly something went wrong and tho wholo machine collapsed. It shot like lightning to tho ground do la Grango being caught in the wreckage ami crushed under the machinery. Both his legs v-ere broken his chest Avns crushed and his skull was fractured. Tho body was so com pletely entangled lu tho debris that his friends found groat difficulty In removing it. The monoplane was completely wrecked. De la Grango was ono of tho most experienced manipulators of aero planes in tho world having been mak mg nights in heavler-than-alr ma chines since May 10 1907. Ho established a monoplane rec ord at Juvissy on December 30, when ho flow 124 miles in two hours and 32 minutes, receiving tho plaudits of tho world or the accomplishment of ono of tho greatest feats in tho conquest of tho air. , When do la Grango first took up aviation he used a bl-plano some what similar to tho mnchlno of tho Wright brothors. Recently, how' ever, ho discarded that stylo of air craft and purchased a monoplano of the type In which Blorlot crossed tho English channel. Itwas a ship of tins kind which caused his death today. f NOTICE TO SUBSCRIBERS. I The Capital Journal begs to call attention of subscrib- ers to the following simple rule for their observance, 5 Watch the tag on your paper, showing date to which paper is paid and remit promptly in accordance with this tag, or notify this office to discontinue sending it, Unless this is do'ne a bill will be sent from this office for I the time the paper continues, ? Rates by mail or special delivery at suburban stores! Daily (per year) $4,00 Weekly (per year) 1,00 THE CAPITAL JOURNAL. F, Hofer, Publisher. pnitbo rHHRH i.r.ARfin winn.1 Pomona, Call, Jan, 4. Beonuso the rains filled thegraves nearly as fast as they could be dug, bodies which were to have been interred nonrly a week ago wore not burled until today. During the heavy rainstorm which has Juiii passed over this section of I t. ........ . l . .. 1. .1 1 . .. r ...... .. .. 1 uiu sunt.', uiu uumra ui Bi'un yuiBiiiis wore hold by tho undertakers on ac count o ftho storm. Funernl services wore hold as us ual.but tho bodies woro kept In tho undertaking parlors. Had tho rnln continued longor special arrange ments would havo boon necessary to store thebodles. Four bodies woro Interred yester day and thrco today. o Wants Court to Rcmovo Attorney. UNITED TIIESS LEASED WIIU). Oakland, Cnl., Jan. 4. Miss Clara K. Haggott, who is plaintiff in n $50,000 breach of promiso suit against Philip E. Bowles Jr., son of an Oaklandbankor, is in tho public oyo again today. Miss Haggott filed with tho superior court affidavits containing charges against her attor ney, William E. Killer, of San Fran cisco. Killer made lovo to horM Iss Hng KOttJ declared amj wanted her to run away to Mexico with hlmwhon a compromise, which ho said was forth coming, would bo nffceted in tho Bowles suit. Tho plaintiff further more asertcd that Killer promiBOd to "queer her enso if sho refused to do his bidding. Sho wants Oron B.Leidy of Oakland, Killer's asso ciate, substituted as her counsel. Loldy joins with hor in tho charges against tho San Francisco attorney. Killer accused Loldy of unduly in fluencing Miss Haggott, declaring that his threats caused Miss Haggott to fear him enough to do his bidding in tho present attempt to oust him. Leldy issnl d to hod tho allegod lot- ters of Bowles upo nwhlch Miss Hng gett based her suit, according to Kil ler, and ovory effort t ocompol him to disgorge them had failed. Killer declared that ho will "show up" his associate. tfii-v. Ma r.inn hn riid not hni'oTrn in ! torney Carson for tho defense took capital punishment, and was excused P the examination of tho venlro- by tho court. H. R. Curtis was then mn the fact whether Eckhart summoned, and, after qualifying, the oyorstopped tho law In arresting state exorcised Its ilrst peremptory Meyers w'll flguro prominently In challenge on C. A. Bort. Newt Cook the. trlnl. and that tho attorneys for was called by tho clerk to fill the va- the defendant will rely greatly, if oancy, but, after an examination by nnt iooy upon the law of self de- Dls'rlct Attornoy McNary, It devol- 'euse. to ncflu,t thoir client. Each opod that ho wns opposod to capital venireman was examined carefully punlshmont, and ho was excused. 38 whether he had any prejudice Tho second peremptory challenge pf against the law of self defense by tho defense was used on J. M. Coburn Attorney Carson, and also asked as and C. B. Molzer was cnlled. but an to whether he believed 'hat an ofll- examination dlsclogod that ho onter- cer wnec the amo obed ence to the tn'nod a friendship so strong for the law a a private citizen or whether defendant and his relatives that he j "Ul"u u wu, . was unable to qualify arid S. Ames overlook netfigence on hte par in wns called, but excused on the observing the law. Another feature ground that he did not believe In the f the examination of the Jurymen death Penalty for the orlme of mur- was that as to whether they had dor. W. F. Buckner was then sum- formed an op nlo nas to the case moned to the stand, but he had a from the reading of accounts cod fixed opinion as to the merits of he cerni--g It In the newspapers ease, and could not qual'fy. S. Pres- whether that opinion was such that haII was unable to qualify because it would be neoeasary for evidence f hla views in regard to capital remove it. punishment, and Wm. Sklp'ou, who Opposed to Capital Punishment, took hie seat In the jury box, was Tf the sent men t expressed by the ehnlleaged by the defense on the veniremen yesterday afternoon with St)und that he had formed an oplu- relation to capital punishment Is n H to the merits of the ease, but any criterion by which to measure the court dealed the challeage. the sentiment as It ex'st amoag the Selected From IJystnndors. people generally with relation to Must Pay Stella Laung $7,000 Damages for Injuries Received. A. P. Burton was alee disqualified (Continued on Pace 8) Holding that tho Northern Pacific Terminal Company, at their Portland terminals, failed to exorclso duo pro- caution In tho operation of their trains, Stella Laury, tho respondent In tho case of Laury against the Northern Pnclflc Terminal Company, 's entitled to S7500 damages for per sonal Injuries sustained as tho result of a car throwing hor on tho track and crushing htr limbs. Th's Is n enso wherein Stella Laury brought suit ngalnst tho N. P. Torm ina! Company for a largo amount of damages for being run down and In jured by ono of the terminal com PHny's cars. The circuit court of Multnomah county bunded In a de em in favor of the plalnt'ff, .and judgement was rendered In the sum of $7600, on which judgement the defendant company appeals. In reviewing tho ctutf, the written opinion by Chief Juatlee Moore. Stel la Laury was 'n the employ of the American Can Company, located on Front street. In Portland, and over this thoroughfare tike N. P. Terminal Company operated their switch en gines. While leaving the Anierlcan Can Company's build'ng, loegted a short distance from the defendant company's tracks, Stella Laury walked across the track, and, over looking her pockethook. whleh sho 'eft In the building, she returned, but before she could clear the track, car, which frightened herawlf and others while leovlag the bu'ldlng. be- soveralfcet, and finally passed over her Umbs. Duo to tho fact that thero was not proper caution taken on tho nart of a switchman stationed at tho end of the car t owam pedestrians, the su premo court holds that the company s name, uiung a low questions In tno trial court, tho opinion states that the switchman jested with sev eral young women who barely ca caped being caught by tho car ac hoy woro leaving tho building, and that his back was turned to tho car at tho lime Stella Laury rooelvod tho Injury, and failed to warn tho en gineer of tho impending dnngor. Al so, that the cnglno hoadllght was ob scured by tho shadow of tho attached car, and tho driver could not seo who was crossing tho track. All tho tes timony was coroborated by witnesses, while tho tormina! company intro duced their employes to corroborate tho allegations thnt carolossness wns tho fault of the acldont on tho nart of tho Injured woman. Chief Jus tico Mooro holds, howovor, that rail road compnn'os aro compolled to rec ognize tho right of wny In a like mannor as tho public recognizes tho safety of tho trains, and that tho. tes timony Introduced by tho dofondant company Was not sufficient to war rant a reversal, and (ho lower tri bunal's judgment Is affirmed. Thoro was only ono othor opinion handed down, it bolnunn onuity mat-i ter Involving a small sum of monoy. Sarah Swank, plaintiff and rospond ont, vs. C. P. Eiwort, ot al., defend ants a-nd appellants; appealod from the circuit court of Multnomah coun ty; TJipmas O'Pay, Judge; judgment of lowor court reversed and remand ed iu an opinion written by Justice Slater. BL0WED BACK WITH'THE C0IW Constnblo Ira Hamilton served a warrant on a young womn last night, accused of contorting $5.75 to hor own uso which belonged to hor land lady, Mr. Dllley, who keeps boarders In Salom. Tho proprietress of tho boarding houso claimed that sho loft tho mon oy on a shelf and had just stopped up stnlrs, leaving the young woman noar tho spot whoro tho monoy had boen laid, Upon roturnlg to got tho monoy a mluuto lator, Mrs. Dllley found both monoy and hor boardor gono. Tho sheriff's olllco was noti fied, but, owing to court being in sos slon, those olllcors could not handle tho case and turned U over to Con stnblo Hamilton. Tho constablo soon dlscovorod tho young woman on Stato stroot, and, nftor tho victim of hbr own cnrolossuess had mado an identification, tho olllcor np proachod tho woman and prosontod tho warrant. Tho constable did not wish to lock tho woman up, and gave hor a nopportunuy to cloar hor- self by returning tho moey, which sho did. EI6HT DEAD AS RESULT Rocky Mountain States In the Grip of the Worst Storm in Many Years. HUNDREDS OF CATTLE AND SHEEP PERISh Ralrond Traffic Paralysed and Wire Communication Prostrated Tho Financial Loss toN Stockmen ' and Ranchers Cannot Bti Fully "Esti mated Until tho Snow Melts In Coming Spring. COAL BARON DIES FROM INJURIES (IINITIII) I'HIJHH LEASED WIItB.l San Francisco, Jan. 1. A romance camo to light today following tho death of Frank M. Jormyu, tho Scrnnton, Pa., coal baron. Jormyn, who died yostorday of In juries ho recolved whou struck by a stroot car Now Year's day, had boen ongngod to marry Mrs. Clara Wads worth of Oakland for tho last four yoars. Thoir wedding wus sot for February 27th. Mrs. Wndsworth Is tho divorced wife of Joseph A. Wadsworth. form erly paying tollor In th oWolls Fargo isanonai uank or San Franolsoo. Mrs. Wadsworth and Jormyn had plannod an automobllo party and a dinner for an oarly hour of tho day tho mJIllonalro wns struck and fatal ly Injured. Sho was at Jornivn's bod. sldo when ho dlod. UNITED PRESS LEASED WS.l Denver, Jan. 4. Eight persons nro dead, hundreds of cattlo and shcop Jiavo porlshed, railroad traffic is de moralized and wlro communication is proctratcd astho result of tho bliz zard, rains and rosultlng floods that havo swept tho Rocky Mountain states for tho last throo days. Four men aro reported to havo been klllcdnoar Shonnndoah, Colo., by snow slides. Ono man nnd two boys, whoso names woro not learned, woro frozon todoath in Now Mexico, near tho Colorado lino, last evening. At tho Iowa mluo in this stato a minor was burled beneath an dva Jnncho ftf snow. Ills body has not been recovered. Reports from all sections of tho fountain states indicate that tho BtorniB woro gonoral and that hoavy damago was caused. Owing to tho disrupted stato of tolograph and transportation reports from Isolated districts aro unobtain able, and no approxlmutoly correct ostlmato of tho flnanclny loss rosult lng from tho storm can beobtalnod. Tho Donvor nnd Rio Orando rail road is complotoly tied up by tho hoavy snow fall in tho mountains. BetweonDurango and Silvortou, Colo, forty snow slidos havo occurrod and tho tracks aro burled for miles, It Is Impossible to nay whou traf fic may bo resumed. Hoavy damago has boon dono Iu tho mining sections of Colorndo, Tram linos and olectrlc plnnts at sov ornl mines havo boon rulnod by snow slidos and Ininany places all work has been abandoned. Tho loss, tho min ors stated, will run well Into tho thousands of dollars. Stockmen and ranchors also will suffer heavy financial loss. Ico gorges In tho Arkansas rlvor liavw causod It to overflow its banks iuun dating much rich farm land. Reports from Northern Colorado Indicate that tho grip of tho storm was most sovoro thoro. Cattlaman, it Is state, will not be able to ostl mato their losses until tho snows molt In the spring. Sovdrnl unconfirmed rumors of loss of llfo In that soctlon havo boon ciruclated. INVESTIGATING THE WHITE SLAVE TRAFFIC COME AND GET ALL YOU WANT (lathering Thinii On. v Ivtrnm i'shss lhakhd, wikb. 'Chicago, Jn. 4. JoUhII. Gar rett, former president of the Great Western Beet Sugar Company and now the head of a Chicago realty firm .is under drrest here today, charged with Implication In the Idaho land frauds. The Indctnient under which Garrett Is held was returned at Boise, Idaho. Through his attor ney, .?. Hamilton Lewis. Garrett waived examination and posted bonds aan rollina. and cauaht the nlalntlff. of $2,000 for his appearance in and, throwing her down, dragged her ' t March. Expert examination mado recently of a sample of water taken from the saiem brewery's Altering tank at the establishment in thl olty, proved that the fluid was absolutely froe of typhoid fever germs, and was an ex cellently prepared water. The sam pie sent in from the brewery was ao- oompan'ed by like samples of other water here, and the examining chem ist selected i as being the purest sample In th? lot. The Salem Brew ery Association has notified the pub lic that th's water can he obtained free of charge by any one calling at the brewery and carrying it away, providing thby bring their own palls, several feet, and finally passed over her Umbs. UNITBD J'KKHH IJ5AHBD WMin.J New York, Jan. 4. Tho Rooke- ollor grand jury, of which John D. Rockofollor Jr. Is tho foreman, to day bogan tho probing of tho whlto stave traffic In Now York. Ooorga Klbbo Tumor, who artlola In a magnzlno oxposod tho ulrl tra. flc conditions said to oxlst In Now lork and started tho investigation, said today that ho did not qxpoat Indictments to follow. Ills InfoniMitloiu which he said wasof a general oharaoter, will not be suffideut to substantiate a almrgtt to any one person or set of persons. The grand Jury, however, intends to go deeper Into the traffleaud will call raaay wltuetltes In the hopo of remedying; ojidJUuns as Turner found them. Will HullU Canal. Jteports from FaeMc county nay that tho projeot for the construction of a canal from Gray's Harbor u (be Columbia river has been financed and practically everyth'ng Is i'e,idy for commencing the construction work early In the sprlmr, evcaptlntr that sorae dlfllculty Is being ounoun tered iu securing the rights of way.