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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Oct. 7, 1911)
5 he Irtfc First Section Pages I to 8 SALEM, OREGON, SATI KDAV, OCTOBER 7, 1811. NO. 240. ssfrom mm 11 EE ENORjftO PROP ert the mm file affidavits SIIOOTG JUDGE IS PREJUDICED BUT BOBOWELL STANDS PAT AHD WILL SIT III THE CASE SAYS HE IS UNPREJUDICED He Sets Aside the Court Rules, Designating Other Judges to Try All Criminal Cases, in Order to Take Charge of the Case Himself His Action in Ordering Investigation of At torney Harrington Is Quoted as Showing His Bias Against Prisoners Overrides One of the Strongest Showings Ever Made in Such a Case. Los Angeles, Oct. 7 Disregarding one of the strongest affidavits alleg ing prejudice ever presented in a court, Judge Walter Bordwell today refund the McNaniara brothers, ac cused of dynamiting the old building of the Los Angeles Times, another judge to try the case. He told Attorneys Darrow and Da vis, in his chambers, that he was un prejudiced and fully equal to giving the men who will be placed on trial next Wednesday for murder, the pro tection accorded them by the Cali fornia code. Today's- proceedings were Informal. Bordwell was made acquainted with the contents of the bill of the defen dants and their attorneys that he was biased and prejudiced. He told Attorney Clarence Darrow, chief of the defense attorneys, to. file his af fidavits signed by J. J. and N. B. Mc Naniara with the clerk of the court and a copy with District Attorney Fredericks. Bordwell then informed Darrow he was at liberty to make the formal motion for the change In judges either on Monday, when the venire will assemble for interrogation re garding qualifications or at the open ing of the regular trial on Wednes day. "I will waste no time denying your motion," the court added Informally. There is a possibility that when this motion is made there will also be one made for the change of venue. This will also be denied by Bord well. who is determined to try the case and makes no secret of his in tentions. But It will give the de fense a very strong hand should their clients be convicted as his ac tion would be subject to review by the appellate court. While none of the. attorneys for professional reason would discuss to day's developments, it was plain from their attitude that they be lieved reversable error had already PORTLAND MAN WILL ADDRESS MEN'S MEETING The Men's meeting at the Toung Men's Christian Association tomor row afternoon, at 4 p. m., Is to he ddre;sed hy Mr. W. W, Dillon, of Portland. Mr. Dillon Is one of the "ve business men who takes a defi ne Interest in the religious work of Y. M. C. A., and is now chair man of the Bible study work of the Portland Association. Bible study wjll le the subject under discussion t the afternoon meeting, and Indi cations point to a very lively time. The annual meeting of the boys department last night was quite an enthusiastic affair. More than 40 "yi sat down tn dinner toeether. Short talks were given by Guy John- "n. H. B. Critchelow and Asher Ran m. who are teachers in the Bible Masses. Four clubs were organized id Presidents elected in each club. thletic and gymnastic contests ill b carried on between the clubs Jd also with outside teams. These 'tobs are open to all the boys In the entered Into the case, and that If either of the McNamaras are con victed, their conviction will not be permitted to stand. . In the affidavits asking for the change, both the McNamaras review the proceedings up to the present. They set forth that Judge Bordwell has shown a prejudiced attitude against the accused men from the outset, and both of the brothers aver that their rights under the law will not be protected by him. They argue that the rule of the su perior court has been violated by Bordwell. Under the existing rou tine two Judges, Willis and McCor mlck, have been assigned to try all of the criminal cases in this county. But in this case, It Is alleged, Judge Bordwell overruled this rule so that he might himself preside over the trial. The attitude of the court in ordering a grand jury Investigation of the actions of Attorney Harring ton of the defense Is also set forth as Indicating prejudice and bias. It Is pointed out that if any offense was committed, as was alleged by Burns' detective, who are managing the case for the district attorneys' office, It was In the jurisdiction of San Francisco county and not In the jur isdiction of the grand jury. The en-1 tire proceedings against Harrington, the affidavits set forth, were unwar ranted and indicated a bias and sus picion which shows that "The pre siding judge Is not unbiased and free from prejudice as Is contemplated by the code." Postoffice Robbed , ftiNITID PBBSS LEASED WIBl.l Eureka, Cal., Oct, 7. Excitement prevails in this vicinity today over a daring robbery of the Blue Lake postoffice, about 10 miles from Eu reka, by two expert yeggmen early today. The yeggmen secured $300 in currency, but overlooked $500 In stamps. The safe was blown open with nltro-glycerlne, being first cov ered in a pile of mall bags, to dead en the explosion. . 0 Line of March Examined, fPNITBD THESS I.EASEO wifhI Portland, Ore., Oct. 7. Whether the tentatively outlined line of march for the Taft parade Wednesday Is practically complete, from a policing standpoint. Chief of Police Slover and federal secret service officers to day went over the route. They will confer with the committee on ar rangements, and the route will be announced tomorrow. Revolution Is Over. f UNITED PEESS HARM) WIM-1 London, Oct. 7. It is officially as serted here today by the Portuguese legation that the revolution in Por tugal was quelled after some sharp clashes. The legation asserts that the Invaders were driven across the frontier. Kline Re-Elected. Atlanta, Ga., Oct. 7 -At the meet ing here today of the International Brotherhood of Blacksmiths and Helpers, J. W. Kline, of Chicago, was re-elected president and W. F. Kramer, of Chicago, was re-elected secretary. o Wanted A breed of hens that will always lay when eggs are high. Fear For ltalloonists, Kansas City, Mo., Oct. 7, Apprehension for the fate of the men In the balloon Berlin II Is Increasing today because of continued lack of news of Its whereabouts. The Berlin II Is the only one of the nine balloons that left here Thursday In the Gordon Bennett race which has not been reported. It formerly named the "Dusseldorf," and has a record last year of trav- ereslng over 1125 miles of country. Of those that have come down, the Buckey traveled the farthest, 365 miles. JVIHJK KELLEV ADVISES GRAND JVRY INCORPORATED CITIES GOVERNED LICENSE, AND UN. LESS CLUB WAS A NUISANCE IT COULD NOT BE INDICTED. After listening to an exposition of the law by Judge Kelly this morning the grand Jury decided not to return any indictments against the officers of the Bachelors' Club of Woodburn, and unless the supreme court should now reverse a decision made by Judge Galloway, declaring the ordi nances under which it was sought to prosecute the club in the municipal court, Invalid, the organization will be Immunce from prosecution from the prohibition element of Wood burn, which has waged war upon It ever since last spring. Exempt!) Incorporated Cities. The exposition of the law was pur suant to a presentment made to the Judge yesterday by the Jury. Evi dence had been produced to that body showing that the club was sell ing Intoxicants to Its members and Invited guests, and the jury desired to know whether It could Indict the officers under a law providing that (Continued on Page 6.) o DEATH LOOSENS OLD WOMAN'S PURSE STRINGS fux.TiD peers leased wire San Francisco, Oct. 7. Softened by the approach of death, Mrs. El mlra Jarvls, of Boston, with a for tune of $140,000, has today request ed the San Francisco police to search for her siBter and her sister's family, whom she believes living here In poverty. The sister, Mrs .Julia Chabotte, and four children, was known to b-J In this city five years ago, and the authorities are following up that clue In an effort to find them. o Pistol Won the Pot. frMTTTn WE TE!P '"fl! 1 Oxnard, Cal., Oct. 7. Just before their all-night poker game broke op today Cecil Bright was probably fa tally wounded by Sam Moulton, an other player. There wps $50 In the pot, and both men claimed the stake. Moulton hot Bright through the eye, Bnatched the money, and, with his pistol In his band, made good hl escape. club nov; "Higher Vp" Got His. Seattle, Wash., Oct. 7. Har- ry A- Lake, the second "higher up' convicted of fraudulent registration, was sentenced to three to five years in the penl- tertiary this morning. He, like Alfred Cohn, who Is under slm- liar sentence, was charged with Inducing "floaters" to register by the wholesale In the vice district wards during the recall election. He recently completed a Jail sentence for ballot stuff- Ing while acting as election ' Judge. J i I TO COAST Grants Pass Has Enthusiastic Meeting to Consider Bond ing the County for Half .a Million Dollars. WANTS ROAD TO CRESCENT EuKim-er Shows Freight for Great I Cogue River Section Can Be De livered From Either Portland or San Francisco by Auto Trucks From Crescent City at a Saving of 912.60 Per Ton on Present Charges. (UNITED FRESH LEASED WIRE. Grants Pass., Ore., Oct. 7 At a largely attended mass meeting here last night steps were taken to bond the county for $500,000 for the pur. pose of building an automobile freight road from Grants Pass to Crescent City, Cal., a distance of 100 miles. While the prop03ed bond issue Is for general road construction throughout Josephine county, the chief incentive Is a promised reduc tion in freight rates. This la to be made possible by the use of the ocean gateway at Crescent City, mid way between Portland and San Fran cisco. The Rogue river lies midway be tween San Francisco and Portland, on the main line of the Southern Pacific railroad, and although but 100 miles from the ocean highway, bears an average rail freight of $25 per ton to or from either San Fran cisco or Portland. The present rail rate from San Francisco exceeds the mule team rate that prevailed over the same route during the mining era of 50 years ago. The principal speaker at the meet ing was John T Flynn, harbor en gineer of the California River and Harbor League, of San Francisco, who showed that freight could be shipped by automobile freight trucks to or from San Francisco or Portland to Grants Pas via Crescent City, for $12.50 per ton, without reference to classification, as against the present average rail rate of $25 per ton. It Is estimated that 10,000 tons of products and merchandise will pass over the auto road each year, thus effecting a saving of $125,000 a year to the producers and consum ers over the present rail rate. AVIth the opening of the Panama canal, It is estimated that th etonnage through this gateway will reach 100, 000 tons a year. Blir Ones Indicted. InwiTD I'Rrnn I.rmn wirb.J Cleveland, Oct. 7. Wall paper companies indicted under the Sher man anti-trust law were arraigned here today. They pleaded not guilty to combining. In restraint of trade and furnished $."000 bonds. It is easier to declaim about party "principles" than to tell truly what they are. WILL BOND TO GUILD THOUSANDS A! HOMELESS BY Kick at Uncle Sam. Belllngham, Wash., Oct. 7. Washington may be asked to pass on the question of the right of the federal government to violate the dry law In this state, as a result of a protest that Is being made against an advertisement appearing In a Blaine paper today announcing that the customs officers will on October 13 dispose at auction of a qunntlty of wet goods 4, seized from persons coming Into the United States from Cana- da. Blaine is dry and the offl clals of that place object to having enough wet stuff put on the market to keep the lnhabl- tants in a state of Joy for a week. THE POWERS STATE DEPARTMENT OK RUSSIA REFUSES TO INTERVENE, WHICH WITH GERMANY'S RE FUSAL, INDICATES AX UNDER STANDING. UNITED FEME LEASED WIHI.1 Washington, Oct. 7. The growing suspicion that Italy seized upon Tripoli with the full knowledge and consent of the European powers, is strengthened today by a semi- offi cial report that the state department of Russia, when asked to Intercede In the Turko-italian war, flatly declined to do so until Turkey cedes Tripoli to Italy. Germany has already de clined to Intervene. The refusal of Russia Is regarded as especially significant. A urhi Sunk. Flume, Croatia, Oct. 7 The sink ing of a Turkish warship by an Ital ian cruiser In reported here today as the result of a hot fight at St. Jean I)e Medua. Despatches say that the Turkish fort at that port .fired upon and sank Italian sailing vessels. Information of this coming to the Italian squad- (Connnued on page five-) FOUR KILLED BY FALLING OF BUILDING f united pkeee lMtnr.n im.1 Chicago, Oct. 7. High winds here today overthrew a four-story bulld- Ing under construction on the North Side. Six men were taken from the debris, of whom Paul Laslo and Har ry Greenwood probably will die. Fire men later found the bodies of two children, a girl of 12 and a boy of 6, In the ruins. Want Vnv ( anal. Portland, Ore., Oct. 7. A cam paign to secure free pannage for American ships through the Panama canal was officially launched hor to day, following a discussion of the matter by representatives of the Chambers of Commerce of Tacoma, Seattle and Portland. Each organization has pledged Itself to work a.s a unit tn demanding of congress that all ships of American register be permitted to pass through the big ditch without charge. It la bHlarved Men action would assist in the upbuilding of the Amer ican merchant nurtne. ARE BEHIND ITALIANS ARE LEFT DESTITUTE HUNDREDS OF FAMILIES SPEND NIGHT IN THE RAIN HUNGRY AND SHELTERLESS Many Towns Were Submerged and Residents Driven to the Foothills, Where, Exposed to Cold and Rain, and Without Shelter or Food, They Passed the Long Night Hundreds of Farmers Were Also Driven From Their Homes The Loss of Life Is Not nKown, But the Property Loss Is Appalling. rilNl-ED I'BK LEASED WIRE ) La Crosse, Wis., Oct. 7. "We want food and clothing, end we need money. The people here are starv ing." This message, received by Mayor John Dongler here today from Mayor McGlll, of Black River Falls, as the latter Bnt upon the top of a telephone polo, met with immediate results, and a relief train Is hurrying to the flood-stricken town to do everything possible to alleviate the situation. The only means' of communication with, the outside world and Black River Falls Is from an improvised telephone and telegraph Instrument fixed by an operator on the top of a polo. When the refugees, $000 In number, poured Into the town to day, hungry, homeless and suffering from exposure, Mayor McGlll strug gled up the pole and sent his mes sage of distress to the city. Supplies Pouring In. Mayor Dengler Immediately or dered stores to be sent; at 12:45 a relief train left here, bearing Mayor Dengler, a number of cltljsens and an ample supply cf provisions, bedding, etc., for the use of the refugees to night. Former State Senator McGllllver ay telephoned here at noon that only five business houses are left stand ing In Black Rer Falls. Besides the practical wiping out of the busi ness section, between 30 and 40 resi dences have been demolished. The stories of looting are now be ing discredited. It was learned this afternoon that the smnll towns above and below Hatfield had escaped with minor damage. Loss Is Appalling. Black River Falls, Wis., Oct. 7 Far more serious consequences of the heavy floods along the Black River and the bursting of the. Ills dnm than were at first expected are apparent here today, and the disas trous news which Is pouring In from various counties along the river banks Is as yet far from complete In Its tale of casualties and property loss. Several are now reported dead, and hundreds rendered homeless. Pnr tial accounts of the property damage In five counties emlinuti) It at from $:i,ouo, duo to $.'i,i)o,m)i. The Black River Is filled with wreckage as far as I.a('rosse and numerous farm houses have been de molished. Coiiiinunliatlon with the farm districts have not yet been re sumed, and It Is feared that there has been loss of life In the outlying sections. Ilntlield Wiped Oiil. Hatfield, near the big dam of the l.uCrosse Water Power company, which was hardest hit by tint Hood Is reported to be completely sub merged, and It Is feared that the property loss there will be appall ing. Probable casualties there can not as yet be estimated. Other places where Immense losses have h"en suffered are Roaring Creek, Irving, North fiend, Holmes, I.ytles and Midway. Onalaska is In a most precarious position, with the river raging far out of Its banks there, and It Is feared that the town will be destroyed. It has been de serted by all the Inhabitants. A travel-stained courier arrived FLOOD here this morning, reports that the floods completely wiped out North Bend- He was unable to obtain any details. Two Thousand Refugees. Refugees from the stricken dis tricts have been pouring In all morn ing, and there are now 2000 gathered here homeless, hungry and suffering. Mayor McGlll has sent out a call for aid. The only communication with the outside world here 1b from an Im provised outfit at the top of a tele graph pole, to which an operator climbed early today and cut in his Instruments. Refugees are suffering greatly from exposure today as a result of having kept an irksome vigil camped about fires on the hillsides all night, while a cold rain poured down upon their famished bodies. The Bayless company will not be held liable for the loss of life and property resulting from the bursting of the dam, according to a statement by the public prosecutor. There seems no chance for the survivors of the flood to collect damnges for their homes, stores and farms, or for rela tives perishing In the flood. Thomas Keenan, one of the leading officials of the Bayless company stated today that If damage suits are started agalnHt the company Its mills, which are a big factor In the Industrial life of Austin and vicinity will be removed from the town. Water Still Rising. (UNITED 1'EKHR LEASED W IRE. 1 Milwaukee, Oct. 7. Special dis patches this afternoon from Nellls vllle, Wis., say that the wet wing of the Hatfield dam, In the Black river valley, has gone out, and that the bnlance of the dam cannot long withstand the water' gpressure. The property loss between NelllBvlUe and Hatfield Is moro than $500,000, The water Is still rising. o TROUBLE AT SACRAMENTO IS ALL OVER San Francisco, Oct. 7. Peace has been restored In the Southern Pacific shops here today after several skir mishes between strikers and strike breakers, the first since the calling of the strike. Additional guards are bring put on by the railroad In view of the dis turbance, 10 more men. wearing stars, being plated on duty this morning. It Is reported that the railroad is putting Htars on all strikebreakers to avoid trouble. Today Kdward A. Malsbury, a rail road guard, was hooked at Hm city prison for assault with a deadly wea pon, after chasing a brakeinan sev eral blocks at the point of a revol ver. As a result of disturbances last night one guard Is in a critical con dition with an ugly scalp wound, an other Is In Jail for carrying weapons and a number of guards, police and strikebreaker are suffering with bruises and cuts sustained in a gen eral mlxup.