Image provided by: University of Oregon Libraries; Eugene, OR
About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Oct. 13, 1911)
nnfm rl fl
VOL. M- - .. . . . . . SALEM, OREGON. FRIDAY, OCTOBER 13, 1911. " . 0
JUROR ADMITS HE BELIEVES
DEFENDANT IS GUILT BUT
STATE TBIES TO KEEP HIM
This Indicates That the Prosecution Is After a Conviction
Whether Defendants Are Guilty or Not, and That the Dis
trict Attorney Does Not Care Whether They Have a Fair
Trial or Not The Matter Was Argued Before Judge
Borlwell His Decision Will Show Whether He Is Un
biased and Give Insight Into Conduct of Trial.
Los Angeles, Oct. 13. 0 nopentng
court in the McN'amara trial this
morning, H. G. Quackenbush was
drawn to fill the vacant place in the
jury dox, and Attorney Davis theu
continued his examination of Nelson
Do you believe that the majority
of officers and mem who di- ct labor
unions are lawless men " he was
"I cannot answer that question,''
was the reply.
Pressed, he insisted he did not
know any labor officials personally.
"But I don't think all are law
less." he added-
"What about the majority,"
"I couldn't say."
"I want your opinion. What is
"I cannot really explain Ii."
Davis tried variously to get a re.
sponsive answer, but Nelson fenced
cleverly and fully 20 questions were
put to hiin before he said he believed
many labor leaders were lawless
He" admitted that he believed he
was prejudiced against labor unions,
but insisted that he could lay his
prejudice aside and give the defend
ant a fair trial.
Deputy District Attorney Horton
objected to further questioning along
this line, and he and Attorney Dar
row clashed, the latter demanding
his right to secure an Impartial jury.
"This defendant is a member of
organized labor, and has a right to
the court's protection."
"There is no evidence that he is
a member of organized labor," de
"Do yr deny It-"
District Attorney Podges.
"We are not here to give testi
mony," replied Horton.
NOW VOTE IN
JUDGE BEX LIXDSAY COMMENTS
OX THE NEW ORDER OF
THINGS, AXD IS GREATLY
PLEASED AT THE SPLENDID
UNITID PBESS U1IIO WIRE.l
Denver, Oct. 13. That the tri
umph of woman suffrage in Califor
nia is a triumph for the progressive
movement all over the nation is the
opinion expressed here today by
Judge Ben B. Lindsey, the noted re-
former of juvenile- criminals, and ac
tive worker for the equal suffrage
cause. He said.
"The triumph of suffrage in Cal
ifornia is a triumph for the pro
gressive movement all over the na
tion. So long as we have women
forced to economic competition with
men, taking their part in the busi
ness world, it Is not only unjust, but
little short of criminal to deny them
the same rights as men to partici
pate in the government under which
In the end it will do more to re
turn women to their proper sphere
as home workers and the mothers of
children than any other step yet
taken In our new civilization. I am
one of those who hold to the old-
'Women belong primarily to the
home, but that does not mean that '
she should be denied a voice In
solving the great problems of civili-,
ization, for their can be no real home .
for the people until these questions
are settled, and settled right. I am '
firmly convinced that women, even
more than men. in the end can be
depended upon to be on the riyht
S-de In the struggle ahead.
"When the unfair methods or the
anti-suffragists are fully understood,'
the cause of suffrage shall sweep
over the eonutry until woman shall i
vote In every state, as they do in
Colorado, and we shall look back up
on the arguments and opposition
against it as we do upon the mis
takes and Ignorance of the dark
Darrow then openly offered to
prove that McN'amara was a mem
ber of a union, and Davis asked Nel
son. "If you were a member of organ
ized labor and on trial for your life
would you feel that you could get
a fair trial from a juror Vho felt to
ward organized labor as you do?"
"I have not any evidence In
this case," fenced Nelson. He finally
said he would require evidence to
remove his present opinion.
Davis tried to pin Nelson down to
a declaration of positive bias and an
other lengthy wrangle between the
Davis asked if Nelson had read
McMonigal's story before the grand
jury as published at the time, and he
9aid he did not remember, whether
he had or not. He was shown a
copy, and said he never read It, but
had "heard about it."
Nelson was then asked if he had a
fixed opinion regarding McNamara's
guilt or Innocence, based on, what he
had read and heard.
Horton bitterly objected to the
question but was overruled by Judge
Bordwell, who held it was permis
Relieve Defendant Guilty.
Nelson said he had a positive opin
io, and had had it for six months.
Nelson finally said he believed
McNamara guilty, and that It would
require evidence' to change that
opinion. He was then challenged by
the defense for cause, but the crfu
lerege was resisted by the state.
Horton then questioned Nelson,
and endeavored to show that he was
unbiased. His interrogation was
lengthy, covering all the ground al
ready traversed by Davis.
Nelson was asked polntblank
whether he wcjild convict McNamara
of murder on what he already knew
about the case, and after hesitating
a long time, said he would not. He
assfted that he had no personal
bias against the defendant, and In
sisted he could disregard his opinion
and give him a fair trial.
"Are you indifferent between the
state and this defendant, and can
you ignore your opinion?"
"I can do so."
The, state then demanded that the
challenge be disregarded, citing de
c'slons of the supreme court, which,
Horton said, proved Nelson compe
tent. J ud ite Takes a Hirnd.
Judge Bordwell then questioned
Nelson, asking him if on Wednesday
be had not said he had no bias to
ward labor unions. The defense ob
jected because they held the record
was the best proof. The proceedings
were suspended for a brief period
while a copy of Wednesday's pro
ceedings was sent for.
Judge Bordwell's voice was very
hoarse and he experienced great Ultn
culty In reading the transcript. Af
ter reading the court asked:
"Are you opposed to labor un
ions?" "I am not."
"Have you any bias against them?"
"Not as such."
Nelson then explained that he had
ni objection to the fundamental prin
cipal of labor organization but that
he did object to certain members and
officers of them.
"You sav you have no objection to
McNamara?" asked the court.
"Not personally. I don't know the
"Assuming that he Is a member of
a labor union, would that prejudice
you against him as a man?"
"I don't think it would."
Davis Breaks In.
Davis then broke in to determine
whether Nelson should not believe
that the Times building was de
stroyed by dynamite.
"I certainly believe that the
building was blown up by dynamite
and it would take Strom; evidence to
change that opinion," was Nelson's
The district attorney tried to get
him to change his statement and got
him to say if it was proved that It
was not dynamite that was used to
blow up the Times, then he was will
ing to so believe.
"But it would have to be strong
evidence," he said.
Time after time, the venireman
told Horton that he would need
strong evidence to remove his opin
ion and each time tne prosecutor re
framed the question, endeavoring to
(Continued on Pace 6.)
Lakes to the Gulf.
Chicago, Oct. 13. The Lakes
to the Gulf Deep Waterway
convention opened here today.
Governor Eberhardt, of Minne
sota, was the principal speak
er. He urged the building of
the waterway to connect the
lakes and the gulf as the only
means of securing for the
I'nlted States the full value of
the Panama canal.
Unless this is done,' said the
governor, "the greatest benefits
of the canal will be lost, and
the colossal enterprise will be
chiefly valuable to Europe as a
short haul to the Pacific."
WILL EVEN DEPOSE THE SULTAN
IF IT IS NECESSARY TO CARRY
ON THE WAR UNTIL ITALIANS
ARE DRIVEN FROM TRIPOLI.
r united mass LEASED Winn.
London. Ont., Oct. 13. So deter
mined are the young Turks to con
tinue the war with Italy until they
are either annihilated or victorious
it is believed here today that they
will even depose the sultan, if nec
essary, for the further protection of
Dispatches from Constantinople
today said that the caucus now being
held, preliminary to the opening of
parliament tomorrow, has decided to
expel all Italian from Turkey and con
flscate their property.
The leading papers today take a
gloomy view of the situation In the
Levant. Their correspondents In
Turkey say that the Ottoman eaipire
Is crumbling away under the prob-
lem of combining Islamism with
Constitutionalism, and they believe
that the old autocracy will be re-1
store dto Prince Yusuof the heir ap
parent on the throne.
A BARBER FOR
t UNITED PBESS LEASED WI1II.1 I
Los Angeles, Oct. 13. The mem-
bers of the venire who had been bthe bo wll come this af ernoon
locked up for two days, had a grlev-, when theJ wl be ve .o pp m
ance today when they came Into tunt to verlf the affidavits hey
court today. Most of them are usu- have made lead, h 1 l
aiy clean-shaven, hut only one or two and a cho8en , the route
who are In the habit of shaving tnPV Bnv , fo owd wn y went
hemselves had clean faces. So wIta Holmberg to the scene of the
through a bailiff they sent a concert-, .,,,. vu,.,m nA" -l.
un ha" JUdge !
The court told them they had a ;
just grievance, and said he would
ask both sides to consent to a bar-
Der Demg iiaiiieu 10 aneuu 10 tneiri
nauta. n uu uujiuu i uiauo mc uqUor company was today awarded
men will be shaved dally in the $2,000 damages from the Western
presence of a deputy. ! Union Telegraph company, because
Just before court opened attaches the weKht of its telegraph wires
of the district attorney's office ,ulled d()wn a wal) of a bujldinK ad.
brought In 14 volume? of California, Jolning the llipior company's saloon,
laws- all carefully marked. j ,JU,UnK the booze parlor out of busi-
0 I ness.
First Woman Appointed. i 0
irviTED rnr.sa leasee wms.l M ,, fr,...4 ... ,, ,
San Francisco. Oct. 13-Mlss Gail '"J'" ''
r Lit al t-. i i I ILN1TED 1'REHM TKAHRD WIhB.1
Laughlin. the Denver lawyer who has Tacoma. Oct. 13 John II Wll
been here working for the suffrage nail)g author of "The Mountain That
cause In California during the last ; V'as God," a description of Mount
two months, received today a tele- Tacoma. is suing the Milwaukee rail
grain from Governor Shafroth of ' road to(IajP )pr.aHP of g tMuT fH
Colorado, which informs her that she I tak an ,i,e 2..-,00 copies of the book
has been apixiinted a member of the wncn Williams says the companv or-
This is the first time that a woman I
has ever in this country held such a I
CJt Some More.
CNITED PRESS LEAKED WlbE.
Tacoma. Oct. V,. Caught as he
was breaking a window at the county
jail and smuggling cocaine to the
prisoners, Bobrt Cooper, released
Tuesday after a 30-day sentence for
vagrancy, was brought into court
again by Sheriff 1-ong today.
Cooper pleaded guilty and got 43
His Death Denied.
Cheyenne, Wyo., Oct. 13 Reports
of the death of Owen Wister. the nov
elist, are doubted here. At last ac
counts Wister was hunting In the
Jackson Hole country near the Idaho
line. Efforts are being made to get
confirmation of his death from S'.
Anthony, Idaho, the nearest tele
graphic point to Jacksons Hole.
A Year Old Grand Jury.
Los Angeles, Oct. 13. The
grand jury, which has been In
almost continuous session s'nee
the destruction of the Los
Angeles Times building a year
ago, was finally discharged sine
die by Judge Bordwell this af-
It did not return any further
Indictments growing out of
the Times explosion despite
the intimation by Detective
Burns and persons intimate-
ly associated with the Mc-
Namara prosecution that it
would before being finally ex-
cused "indict certain prominent
labor leaders of California for
murder and conspiracy." It al-
so failed to dispose of the con-
tempt proceedings brought
against John R. Harrington,
one of the McNamara attorneys.
Harry Howard 17, and Jimmy
Hawkins 16, Declare They
Waited Outside the House
While Murder was Being
HEARD WOMAN'S SCREAMS
Man Accused by Tlu-m of Murdering
the Hill Family ut Ardcnwuld
Lust June, Richard Holinlierg is
Under Arrest "anil Ih In Portland
with Them Hud Joined Iloliu
lieig Intending a Series of Rob.
UNITED Pltll LEASED WIBI.
Portland, Ore., Oct. 13. Declaring
they heard the dying screams of
Mrs. Wm. H. Hill, who, with herhus
' band and twn children flmwiiahiv
slain at Ardenwald last June, and
that they waited until the murderer
emerged from the house to continue
their tnnrnev with him iha turn hw
accusers of Richard Hnlml.nr tnrtnv
told a story that officers Investigat
ing believe will solve what before
Holmberg, arrived at The Dalles,
was brought to Portland todav. With
him were brought Harry Howard, 17
years oia, ana Jimmy tiawKlns, IB
years old, the two youthful hobos,
who tell the story of horror, who are
held as witnesses.
Holmberg, rather short of stature,
and ill-dressed, did not present a pre
possessing appearance when he
stepped from the train in handcuffs,
which were not removed until he
wna lnrl In Hf.ll
berIes h" "-
.. It . p,,.tjn,i
lMillml nn n w n
united peeks leaded wim-1
Tacoma, Oct. 13. The Langert
Williams asks Jl 92."
The (It her Owen Died.
rr.xnED peers leases air.E 1
Krle. Pa.. Oct. 13 Reports and de
nials of the death of Owen Wlster.
novelist, are made throughout the
United States today, but every fresh
report only adds to the mystery of
the situation. It now appears that
there were two Owen Winters, one a
cousin of the other and that the cou
sin was the one who died.
Mrs. Owen Wister, wife of the nov
elist, wired to officers of the Feder
ated Women's clubs in convention
here today that she coulri not attend
the convention on account of the
death of her father.
Hath Tub Trtut I licit a I.
rCMTTD PEESS LEAKED WIRE
Baltimore, Oct. 13 Cnlted States
Judge Rose handed down a decision
here this afternoon declaring the
bath tub trust illegal.
Oil SE RED
REDELS WAHT TO FORM
x Tlstol Owner Found.
Portland, Oct. 13. Friends 4
of Edward C. Clement. United
States postal Inspector, said to-
day that the automatic pistol
found near the private entrance
of the armory Wednesday
night, shortly after President
Taft entered. belonged to
The discovery of the weapon
by Patrolman Anderson gave
the police a big fright and
several detectives were em-
ployed yesterday attempting to
ascertain who owned the weap-
on. Clement dropped the gun
when jumping from the run-
nlng bonrd of the President's
DUKE OF roXXAUGHT, FIRST
GOYFJIXOH-GEXKRAL OF THE
RLOOI) ROYAL, TAKES OATH
OF OFFICE AT QUEBEC.
UNITED PRESS LEASED WIBI.
Quebec, ct. 13. Amid the bopm
of cannon from the gray old walls of
Great Britain's American Gibraltar,
and with the blare of bands and the
cheers of crowds adding to the ac
claim the Duke of Connaught land
ed at 11 o'clock here today to be
come Canada s first governor-gen
eral of the blood roayl.
Immediately -'tor he landed the
Duke of Connaught was sworn In at
the parliament building, while the
auchess sat on the dlas at the left
of the throne, and members of the
new conservative cabinet were
ranged about the table.
The duke received a bouquet from
Lady Oouln, wife of the premier of
Queoec, while the duchess received
a floral tribute from Mrs. R. L. Bor
den wife of the new premier.
'Royalty never grants interviews"
was the word sent to the reporters
who boarded the Empress of Ireland
on her arrival. Despite this, all
aboard testified to the duke s democ
racy. He and the duchess, with
their suite, used the same dining room
as other first-class passengers, and
twice the wholo party vlslte d the
second and third-class cabins.
Harry Bulger in Mort If. Singer's
. II. J ..'L.lin Hin doo, 1.117 luc ni
of the unique musical comedies, will
ne BeiMi nere at tne (iranrt opera
Hnlidp riptnhar 11th remitter on U lj
" ' 'W'lin'rt, n 11 i.t.
after a run of one year, nnd the rec
ord ror tne same in ( hirago the pust
Keumn. Khnillil lie hunrtllv wilrf,ttwit
- j .in. ...
Manager Singer Is sending a complete
cast of "all stars" In support of Mr.
Bulger in "The Flirting Princess."
Mr. S'ng.-r will present an original
creation In the Oogle dance, as() the
Gloomy Gloom. Both of these danceg
have cr'ated a furor during the past
theatrical season, and have re
ceived much newspaper comment
pro and eon. The famous Egyptian
Turkey Trot dance, and the hand
somest chorus ever s" iit on the road.
fCMTEII MESH LEAKED WII1E J
THroiiia. Oct. 13. llecause his son-in-law,
K. Ji. Jierger, hulled him
with "Hello Papa", while Mrs. Mer
ger was suing tor divorce. John II.
Hurton. rancher, beat Merger up and
was tlnerl $10 and costs amounting to
$ni. Ilurton filed an appeal.
Itnlliilii I. die Heavily.
rexiTEi) PRKS1 I.BiSri) WII1E.1
Ijndon. Oct. 13. Constantinople
despatches received here today say
that the Italian advance into Hie In
terior of TrlX)ll has been checked
and that the Italians have received
It is reported that 1H00 Italians
have been killed and wounded.
Left Konr Widow.
CNITED PEEKS LEASED WIRE J
Halt Lake, I'tah, Oct- 13. John
Henry Smith, second counsellor of
the Mormon church, for years one of
Its ablest leaders, and regarded as
the logical successor of President
Jos. F. Smith, died here today. Ills
reported be had four wives.
ELLIOU IS GENERAL
WARSHIPS LAUD HUES
AT HANKOW-REBELS PROTECT
MISSIONARIES AND OTHERS
Headquarters of the Insurection Are in the Capital, Where
the Rebels Have Seized the Banks and Are Issuing Paper
Money Nanking Is Reported Captured and the Whole of
Middle China Is in the Uprising No Fears Are Entertained
for Foreigners, as the Sentiment Is All in Favor of Protect
ing Them Manchu Dynasty in Danger.
UNITED PIES 8 LEASED WIRE.
Toklo, Oct. 13 Cables received
here say American and European
marines are patrolling the danger
zone at Hankow, China, today, after
making a landing last night. It is
reported that all of the missionaries
at Wu Chang arrived at Hankow
The foreign forces have placed
themselves under the command of
Admiral Kawnshima, commanding the
Japanese third squadron, in ordorto
co-operate with each other to best
ndvnntago for the protection of for
eign residents. Even the Manchu
soldiers who hnve not yet deserted
are said to be in n state of mutiny
which is furthering the cause of the
Head quarters for the Insurrection
are at the capital itself, where tlio
rebels have seized the banks and lo
cal treasuries nnd are now issuing
their own paper money.
Nanking, in the province of Annul
Is reported captured and the whole of
middle China is in an uprising along
the Yantze valley.
The occupation of Wu Chang Is
considered to be a strategically the
most Important position in all China.
It is reported that Dr. Sun YatVen,
a noieu exiled leader of the anti
Manchu party, Is to be elected presi
dent of the republic. The entire pro
vincial assembly has seceded and
gone over to the rebels. Sun Yu,
brother of Dr. Sun Yat Yen, has
been elected president of the assem
bly. The retiring President Yanor Hun
Lung, has been made governor of
No fears whatever are entertained
for the safety of foreigner thn iran.
eral sentiment throughout the coun
try oeing to anora them every pro
tection. The prisons have been
Peklnar In a Volcano.
Peking, Oct. 13 Peking today Is
an incipient volcano, liable at any
moment to break out Into flames with
accompanying scenes of carnage.
Ominous quiet prevails throughout
the city, tha sort of quiet that causes
more concern than scattered out
breaks for It shows that the people
are acting in unison unon nlnnn ti.nt
are well organized.
All of the government troops are
mutinous, their officers fnnr t viva
orders lest the silent nmtlnv lrnir
out into open rebellion, and all of
the foreign residents are gathered at
the various legations.
Weakening under the nrnlnnirail
strain of a rebellion thnt hna iit.n
slowly reaching from the outermost1
and you'll pay less clothes
.noney yearly and be much
Among our showing of suits
you will find many beauti
; ful patterns in brown, gray
: and blue.
Prices $10.00 to $35.00
Have a look at the Goldsmith Never Break Trunk
Salem Woolen Mill Store
limits of the empire, right Into tha
capital Itself, the government la
showing -every evidence now of re
ceding from its past attitude toward
the people. It Is offering amnesty to
all rebels who will submit again to
the Imperial standard, and Is openly
expressing contrition for favoring
the recent advances made by tha
United 8tates, France, Germany and
England which were so Btrongly op
posed by the masses.
A Poor Guesscr.
London. Oct. 13. It Is reported In
diplomatic circles here today that a
high olllclal of the foreign office de
clares that peace between Turkey
nnd Italy will be declared within two
DNITUD PIES LEASED WISE.
New York. Oct. 13. Thousanda
of angry baseball fans are unap-
peased hero today by the offer of
ouu rewara w any one wno can
nrnvA fhnt lia lrnnTl il ia
I. " " w .. i., i Dviu win
ets for the world's baseball cham
, nlnn.kln .v,o 1 j . i
Will P.riv meratnrv rf Iha N
York National League club.
The scalpers have come Into pos
session of thousands of tickets which
they are offering for sale at double
and treble the right prices. Oray
strenuously denies that the officials
of the club are responsible, and
President John T. Brush offers
$1000 for a schema by which tha
scalping evil can be eliminated.
Hundreds of fans stood in line for
hours, waiting to reach the box office,
only to be told that all the tickets
had been sold, while the speculators
had thousands. As a result. fandom
is In an uproar.
Pointing tn a hnr atnpbeil wth
certified checks and money orders.
"There la $100,000 in that box,
all to be returned because the orders
for tickets are unfilled Wa sra
swamped with orders. Fifteen girls
are sorting an dreturnlng
ONE OF I