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.
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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.