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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Jan. 5, 1910)
VOL. XX. SALEM, OREGON, WEDNESDAY, JANUARY C, 1010. NO. 4. I' ECIAL MEDICAL INSPECTOR Board of Directors of Salem Schools Authorize the Ap pointment of One. SALARY IS PLACED AT FORTY DOLLARS A MONTH Steps Taken to Eliminate Danger f Contagious Discuses That May Have Bocn Brought Into the School by Thoughtless Parents. Other Proceedings. At an adjourned meeting, held in tho high school building, of directors of the Salem schools last evening, the appointment of a special medical inspector was authorized, in accord ance wil the great necessity of elim inating all danger of contagious dis eases carried into tho school build ing by thoughtlessness. Although the medical inspector has not been appointed, the board authorized It, and will take stepa toward selecting a physician at the next regular meeting. The salary of the proposed inspector was placed at $40 per month, or $2 per visit. Tho duties of the physician were laid out carefully by the board, in order not to conflict with any of the school work. Immediately upon tho d'scov ery of a pupil showing signs of sick ness, the medical inspector will be notified, and the pupil given a pri- amlnation. Upon tho arrival nonnntnr ihn phllfl tvUl hn asEjj:to step into a private room ano7offe examination will bo conduct ed fel;tly. with no humiliation to the peri -,gn whatsoever. If it is found that' rj contagious diseaso exists, the pupj H 111 bo asked to go home, and will f bo allowed to return until a ha i certificate can be secured fromV j) Inspector. The Jjhool board also made prep aratidj'jvat the meeting last night lo install! -jrgo tanks in each ef the schoolfluildings, and they are to bo filled every morning with boiled water for tho consumption of tho pupils. These steps were taken as a safoguard from d'seases Infecting unsterillzed water, and, should thero be typhoid germs in the drinking water, the children will not bo, sub jected to the diseaso on that account. A special commltteo conlposed of Directors Babcock, Millard and Moores was a ppointed and author ized to closo up the matter of pur chasing a half block of ground in Englowood. This property 'is to bo purchased for tho site upraon which the new school building will bo erect ed, if agreeable to tho voteSs at the special election, to be held January 12; poles to be open from 2 to 4 p. m. Tho following judges, clerks and the places of election were selected by the board last night: Ward No. 1, Walker's barn Thos. Burows and E. P. Walker, judges; H. A. Johnson, clerk. Ward No. 2, city police court room eo. P. Litchfield and S. A. Riggs, judges; Wm. Stoiger, clerk. Ward No. 3, Fashion stables G. Steiner and William McGllchrist, judges; Paul Hauser, clerk. Ward No. 4, Low's stable F. G. Boworsox and John Gamble, judges; H. H. Vandervort, clerk. Ward No. 5, Fennel's wagon shop Clem Lewis and J. W. Young, judges; P. L. Frazier, clerk. Ward No. 6, Dalrymple's hall Joel Hewitt and R. C. Hawley, judges; C. T. Doty, clerk. Ward No. 7, Townsend's hall B. C. Black and H. S. Jory, judges; C. F. Mason, clerk. On account of the crowded condl- ( Continued from Page 5.) What Enormous ices These stores in Salem must get which do a small volume of busi ness, when they can afford to give cash discounts from 10 to 35 per cent on everything all over the store. Do your trading at the CHICAGO STORE, which gives the prices you cannot beat. HALF PRICE ON AND Go to the other stores first and got their prices then come here and see tho money wo can save you 1909 Nind 1910 newest gar ments at half price anl less. 514.00 Suits now only $6.90 $20.00 Suits now only $9.50 $10.00 now Capos now $4.96 Ladles $9 Coats now $3.95 15.00 Coats nov only 57.50 7.50 silk Petticoats $8.75 Wo will undersoil tho boat prices you can get elsewhere j MEYERS FATE IS NOW IN HANDS OF THE JURY Arguments of Attorneys On Both Sides Closed Late This Af ternoon and the Jury Instructed by Judge. DEFENSE SETS UP THE PLEA OF HOMICIDE JUSTIFIABLE Beyers Admits Shooting Eckhart, But Claimed the Officer Acted Without Authority and on His Refusing to Be Locked Up, the Polceman Reached for His Gun and He Shot In Self Defense. f , . TWO KILLED IN HEAD-ON COLLISION CLEARANCE PRICES ON THE FOLLOWING GOOIjS: Dross Goods, Silks, WashGoods, Calicooe, Ginghams, Sheets, Pillow Casos, Muslins, Blankets, Comforts, Hosiery, Underwear, Bedding of all kinds, Table Linons, Furs. Millinory, Dross Skirts from $1.50 and up, Laces, Embrolderioa, Shirt Waists from 25c up. Wo do tho business and can give you tho bargains. CHICAGO STORE SALEM, OREGON The Store That Saves You Money ft Jurors in Mjcycr Case. A. E. Aufra"nc. John Hubbard McLoughlln. Lafe Jermau. Henry Burpee. James P. Feller. G. M. Vorls. Newt Cook. A. J. Miller. Peter Larsen. J. T. Ponn. Alexander Pottor. L. E. Gardner. The fato of Georgo Meyers, charged with tho murder of Night Patrolman Eckhart on October 1, a aose which has been vigorously and ably prosecuted by District Attor ney McNary and vigorously and ably defended by Attorneys Carson, Rich ardson and D'Arcy, and which has been wntchod with, tho keenest of interest by the popple of Salem, wont into tho hands of tho jury at a lato hour this afternoon for determina tion. Tho defense concluded its evi dence this forenoon and also a part of the argument was then finished and tho remainder was closed during tho afternoon when tho case wont to the Jury with Judge Burnett's in structions as to tho law. Ever since tho evldeuco was concluded much speculation has been indulged in with reference to tho verdict. Predictions have been made that it will bo guilty as charged; that it will be manslaughter, and also ac quittal; but it is what tho twelve men in tho Jury box will think and say with relation to tho caso which will count, and their decision remains to bo soon and any predictions ox pressed as to what It wil bo are at the best but tho nearest kind of con jecture. Then I Shot Him. "By God, you will go In," ho said, and then I saw him roach for h's hip pocket, and then I shot him," de clared Goorgo Meyers this morning on tho witness stand when testifying in his own behalf for tho kill'ng of Night Patrolman Thomas Eckhart on the morning of October 1. Upon taking tho witness stand Meyers ex hibited considerable nervousness, and his story came hesitatingly and brokenly, but when the cross-examination came ho had secured control of himself, and was ready for tho rapid fire questions of District Attorney McNary and met thorn without vary ing from or causing a break to bo made in his direct evidence. Tho statement came in rosponso to a request of ono of his counsel, At tornoy D'Arcy, to relate to tho Jury just what transpired botween ho and tho officer on tho day of tho tragedy, and formed a part of this naration. H's story commoncod with tho nrest Ing of Meyers by Eckhart. and ox- tondod clear down to tho tlmo when tho fatal shot was fired. Meyers was nsleop in a largo rocking chnir at tho time in tho room of his broth er, and "tho first I know of tho mat ter was when I was awakonod by Eckhart," he testilled. "I do not ro momber Juat what was said," ho stated. "I had boon riding horsobac:: al day, wan tirod. boon drink'ng somo and whon I awoko was dazed." Tho witness then related that In response to tho offlcor, after securing his slick er, ho wont with him, and said, "as I wont down tho stairs I askod what the charge was aga'nst mo." Ho received, according to his ovldonco no satisfactory reply, and whon thoy reached the Yannko livery stable ho asked the offlcor if ho had u warrant for his arest. He ropllod, ho testi fied, that he had no wnrant, but said '"God damn you, I will taka you any how," and thoy resumed tholr Jour ney toward the city hall. Meyers tee tifiod that during this tlmo tho o ni cer had him by tho arm, and whon they reached the city hall door he asked him to rnloase his hold pn hla arm, and ho grabbed h'm by the shoulder. Whan at tho door of tho jail "I askod him to lot mo phono Doc Glbsou," said tho witness, "but ha said no and than I Jerked away from him, and said I would not go In." The offlred's reply was, accord ing to tho witness, "by God, you will go in," "and then," said tho witness, "I saw him reach for his hip pocket, and I shot him." Didn't Know Shot Three Times. "You can remember firing tho first sho't, but you wore unconscious whon tho other two wore fired?" was tho first of a series of rapid flro questions propounded to tho witness on cross examination by District Attorney Mc Nary. Tho witness denied being un conscious, but maintained that he did not know at tho time that ho fired three times, and did not realize It until after examining the cham bers of his automatic revolver. After a number or other questions, tho district attorney picked up tho dying declaration mado by Eckhart.. and rofered to that portion of it where Eckhart states that tho wit ness, upon calling his attention to tho window of tho jail by saying there was somo ono In it, and thou shot, saying "take that, you ," and asked him if that was true. Tho witness declared that it was not. That in substanco covored tho evi dence of Meyers. Sheriff Explains Revolver. Sheriff Minto was called to tho witness stand by tho defenso for tho purpose of showing that no warrant had been issued for tho arrest of Mcyors, and also to explain tho op oration of the, automatic revolver used by Meyers. The first fact was admitted by tho state, and tho sheriff then expla'ned tho oporation of the revolver, tho purpose evidently, being to show that it was an eaBy matter to have It continue discharging after tho firing of tho firSt shot, without the Intention of tho person manipu lating it at tho tlmo to have it do so District Attorney McNary, on cross examination, brought out tho fact that tho trigger must be roleasotl each time "that tho gun must be pulled off,' 'as ho termed It. Chief of Police Gibson followed the sheriff. His evidence was for tho purposo of showing that Eck hart was a largo and powerful man Ho testified that ho was a man about six feet tall, and that ho weighed ap proximately 200 pounds. Good Character, Said Dr. Ciisick. Then followed a lino of character witnesses, of which Dr. Cuslck was tho first, for the defendant. Dr, Cuslck testified that ho had known tho defendant for a number of years and that his reputation as a law abiding citizen was good. District Attorney McNary asked him if he was acquainted with the .associates of Meyers, and ho admitted that ho was not. Others Testify for Defendant. P. N. Derby was tho next character witness. Ho said ho had known th defendant for 20 years, and that his charactor as a law-abiding cltl zon was good. Tho district attornoy propounded tho samo question as to whether ho know his associates, and ho said ho did not, nnd also stated that ho had nevor known tho dofend ant to have boon in any difficulty at any prior tlmo, when tho district at tornoy asked him if ho did not know that at ono tlmo ho had forged a nolo on tho bank at Woodburn. P. N. Skalfo folowod, and ho also testified that his cnaractor as a law auiuing cltlzon was good; and so did A. L. Prnzlor. Bad Temper Said Linn. James R. Linn, a hop dealor, waa tho next witness, and was called for tho purposo o showing that Eckhart was Irritable, and hnd a bad temper Ho tostlflod that tho officer had a bad tompor. Tho district - attornoy brought nut tho fact that Linn had been nrosted by Eckhart for violating tho ordinance with rotation to auto, mobiles. R. K. Pago, managor of tho Port laud Railway, Light & Power Com pany, was called to the stand for the same purpose. Ho toetlfied Uia' Eckhart had boon an omployo of tho company, nnd, while ho hesitated In pronouncing his tamper bud, watt 'nclined to regard him as obstinate and stubborn. This closed tho evi dence for tho dofonso, and the argu ments wore proceeded with. McNary Makes Forceful Argument. District Attornoy McNary maao the oponlng argumont for tho state. Ho began with a brlof review of tho facts entering into hla opening atato mont when the trial was commenced, and maintained that they woro sup- Stock and Freight Train Come Together on 0. R. & N. Near Cascade Locks. f IMMIGRANT CAR BURNED ported by tho ovldonco nduced. Ho thon, in a brlof, but complete man ner, roviowod tho ovldonco produced by tho state, and aftor a thorough nnalyzation of tho testimony pro duced by tho defense contended that the defendant was guilty of tho crlmo as charged in tho indictment, and that it was tho jury's duty so to find. Sclf-Defcnso Says Carson. Tho d'strict attornoy was followed by Attornoy Carson, of counsel for tho defendant, and ho mado an ear nest and effective plea for his client. Tlio state, ho contended, had pro duced no ovldonco to Bhow that tho crimo was premeditated, and had failed to make out a caeo. Eckhart ho contended, had no right, under tho law of tho land to nrest Meyers; ho had committed no crime, and the procedure was unwnranted, and thon followed a learned discourse on tho rights of private citizens tholr right to liborty and ho maintained that FIFTFFIM RADLY INJURED resistauco was that of self-defense; that ho had a right to so resist whon un awfully arrested, oven to tho tak ing of human Hfo. D'Arcy Makes Powerful Plea. Attorney D'Arcy folowod Carson, and mado a powerful and eloquent plea for the defonso. Ho attacked tho ovldonco of tho state pronounced It weak and considered It did not sup--port the charge in the lnlctmont, and then marshaling tho facts entering Into tho testimony of tho defense concluded its causo with an oloquont plea to tho Jury to return a verdict for tho defendant. Attornoy Rich ardson, tho othor attornoy for tho de fendant, mndo no argument, but has beon busy In looking aftor tho othor legal phases of tho case such as motions and In preparing tho Instruc tions, which tho defense asked tho court to give tho jury. Tho argumont for tho state was closed by District Attornoy McNary. Testimony of Yesterday. The first witness to testify for tho state was Arthur Moyors, a brother of tho defendant. His evidence waB in brief that on October 1 tho day T. H. Carson, a Cattleman From Ne braska, and an Unknown Immi grant Arc Burned to Death Op . cupants of Train Were All Asleep and nad No Warning. , UNITED PRESS TJ3ASBD WIRB. Cascade Locks, Ore., Jan. 5. Two mon woro killed and flvo seriously in jured today In tho wrock of two freight trains on tho curve throo miles oast of this placo, on tho O. R. & N. road. A denso fog and a steep grado woro partly responsible for tho accidont. Tho dead: T. H. Carson, cattlo man. .Unidentified immigrant burned to death. T. B. Mooro, Durkoo, Ore., cattlo man, log broken and internally In jured. MnMcLonn. Mauchunk. Pa., cattlo of tho alleged murder, ho occuplod miuli arm broko and Internal lnjur- a room over tuo ainn coniecuonury jcs storo, and that on the night jireced- Geo. D. Hall, Tacoma, cattlo man. noaa cut ana siiomuer uauiy mjuiuu, ing tno trngouy nuoui t o ciouu ho found Georgo MeyetS In h's room. Ho was seated In a chair, said tho witness, and his foot wore resting on somo cusions which had boon presented to mo by my mothor and I asked him to tako his feet down. Words woro oxchanged be tween them, ho said, and Jio de clined to comply with his request, nnd ho wont In search of an offlcor. Ho stated ho was successful in find Ing Eckhart and him to tho room. G. Hanloy, cattlo man, Internal in juries; may not recover. Bert Hallnan, Tho Dalles, brako man, log broken. Tho wreck was caused by extra frolght No. 192 running into extra fro'ght No. 300. Tho cabooso on tho latter train caught llro from a a overturned stovo, and this and th immigrant car immediately ahead It was founa wnrn tntnllv ilnntmvnrt. ho accompanlod wor that tho immlcrant was burned. Georgo was as-, Ho ,vaB coming West with his furni- loep when they nrrived and Eckhart I tur0 sa'd to him testified the witness "Arthur wants you out of his room and you had bettor como with mo," nnd added, ho Bald, "by tho way I have ordors to arrest you on sight." George, hu testified, ropllod, "al right" and got his coat and started out with tho officer. On cross ox- Carson is bollovod to bo from Car ney, Nob., as a card with this nddreas was found In his pockot. Ho was In tho cabooo asleep whon tho crash camo, and was caught undor tho wrock. All of tho injured woro o'thor nsleop or lying in bunks In tho ca- aminntion ho admitted to Attorney nooso, Thoy niui no warning or tho ouiouu mm. mo uuiunuuui. . finnirftr. nnii worn caiicnt mco raifl ltx right to bo in tho room. That was In Bubstnnco tho ovldonco of Meyers. Fivo Men Heard Shots. Peter Grnbor, of tho firo, depart ment, was tho second witness. Ho testified that ho was asloop In tho rooms over tho central flro station on tho morning of tho murder und that ho was awakened from his slum- ln'Ies an hour, while tho following hers by tho first shot. His uod was .train was running nt a 15-mIlo clip, trap. Train No. 300 was in tho lead. If conB'stod of 22 cars of cattlo and 17" frolght cars. Closoly following It was train Nck 192. of 25 cars. Tho lending train Is said to havo beon moving at tho rate of throo near by tho window, ho said, and on looking out ho saw a man flro two moro shots and thon turn and run across tho street, finally disappear ing in tho alley botween Liborty and High stroots. Levitt Miller, another member of tho flro dopartmont, tostlflod that ho was awakonud by tho shots and that ho heard two idiots fired. At tornoy Carson called his attention to tho fact that at tho coronor's inquost ho wild ho heard but ono shot, nnd tho witness said that if ho mado that statement at that time ho could not understand how ho had done so, Tho ovldonco of Wm. I wan, anothor member of tho flro dopartmont, was in corroboration of tho first named two, and ho was followed on tho stand by City Rocordor .Mooros, who tost If led thnt Eckhart was a mombor of tho night police force. Hlimiff's TUH(liiioiiy. Sheriff Mlnto was thon callod to tho stnnd and tho weapon used by tho dofondnnt (tho automatic rovni. vor) was produced in ovldonco. Shor Iff Mlnto minted how ho discovered tho rovolvor In tho Lnrdon barn wrapped up in a gunny sack ami concoaled In tho grain In tho granary Owing to tho denso fog, tho onglnoor was unablo to soo train No. 300, un til ho was upon It, nnd tho grado bo Ing down hill, ho was unablo to stop tho train in tlmo to avoid a crash. Engineor Thompson, of tho roar train, shut off stonm, roversod his en gine and Jumped. Ho escaped in-Jury. ELEVEN KILLED BY PTOMAINE POISON pwniM ohhvxi KHMir.r nnuvii i Sawtollo, Cal., Jan. 5. B. Proccl ado, 3C, and his 3-ycar-old daughter, Virginia, died today, brlng'ng tho to tal numbor of doaths in tho Valdaz family from ptomnlno poisoning to 11. Mrs. B. Proclndo, who was reported to bo in a procarlous condition, will rocovor, She nto but a small portion of tint poisoned fruit, Now Year's ovo, bt foro Bha notlcod that it tastod strong. This saved her Hfo. She is tho on'y ono of 12 porsouH who sat at tho foast to survive. No dofinlto funeral arrangoments havo boon mndo. or tho barn, and Btatod that It was ferod today, and virtually decided to found JtlSt In tho place Wlmru Mnv. hnlil nnn fnnnrnl nnrvlon nvar nil Mm ' " "uvibuu aim it couiu bo found, dead. It is probnble that the sar- Ho thon told tho Jury of the d ant's story to his of his wandqringa throughout tho country during tho win no wmh a rugttivo from Justice. nniiursoH uivow Iflvldonce. H. L. Andorson. thn nimiiffoiir whom Shorlff Mint O nmnlnvmt in make two trips to Sliver Kails coun try nt the time that tho officem worn scouring tho country for the dofend. am. was uio noxt witness. His ovl dence was to the offoot thnt nn nnn occasion Moyora threw his rovolvor uown in mo seat of tho outomobllo vicos will be held In Santa Monlaa Catholic church at Santa Mon'an. oUh or Thursday or Friday. Tho bodlos will bo Interred In Woodlawn com otory. Proclndlo was the last to die. IHh daughter, Vlrgln'a, suQuumbfd In torlblo agony shortly aftor 4 d'cloclt this morning, and two hours later ha was doad. An ntitopsy was porformod on tho body of Mrs. A. Fernandez last night by Dr. Campbell, the coroner's phy sic'an. Ho stated that the doatha an he mid that Vh h TtT T ' VKod from ptomalno poisoning, " "? 8a,U U.la.t hon 110 ttSkod him Thn fP11lf whh nntntno,1 thn tinlnon wnni no carrioa tho gun for ho ro pllod: "Oh, I hunt up and down tho (Continued on Pago 5.) Tho fruit which contained tho poison will U8 analybzo this afternoon. The total death list growing out ot Continued on FftKQ 8)