Daily capital journal., November 23, 1911, Image 1

1 " miFf nnimn Tin nsniv vnvrunrn . m
THE GIRL'S
BY THE GRILLING .CRBSS -
YOUNG HIGH SCHOOL GIRL
JESSIE M'DONALD TELLS HER
PITIFUL STORY TO THE JURY
Although Mercilessly Cross-Ex amined and Brow-Beaten by
One of the Leading Crmiinal Lawyers of the State, She
Leaves the Witness Stand With Her-Testimony Unshaken
Said in Reply to Question Why She Did Not Leave,
That She Had No Clothing and That Her Captor Would
Not Buy Her Any.
ICNIHD I'KKSS Lj;r2 Wliut.
San Bernardino, Cal., Nov. 23.
Holding her own under a pitiless
cross-examination at the hands of
former Superintendent Judge John
Campbell, regarded as one of the
best criminal lawyers In the state,
Miss Jessie McDonald, high school
girl, today stepped from the witness
stand with the story of her alleged
mistreatment by Dr. A. W. McDavItt,
former dentist, unshaken. McDavtt
will probably give his version of the
affair this afternoon. All during her
cross-examination. Miss McDonald
kept her eyes riveted on those of her
mother, not once looking in the di
rection of the accused man.
. Several times she appealed to
Judge Bledso to have McDavit, who
kept his eyes fixed on his accuser, to
remove his gaze. "I can feel that
his eyes are upon me," she Bald,
"even when he Is miles away."
This request seemed to appeal to
RIcDavlt's sense of humor and he
broke into a broad smile. Angered
STUDENT IS WOMEN NOT
' BURNED TO JURORS IN
DEATH IN BED CALIFORNIA
YERGIL XOLAXD, OF KLAMATH dnitid fuss mabsd wins.
FALLS V STUDENT AT THE U. an Francisco, Nv- 23. All cases
OF 0., BURNS TO I
ELECTRIC BATHROBE
DAY.
TESTER-
Eugene, Or., Nov 23. Vergil No
land, a freshman at the University of
Oregon, and left guard on the var
sity football team, which played
Washington Saturday, was burned to
death in an electric bathrobe In his
room at the Sigma Nu Fraternity
House yesterday.
No one saw the fatal accident. He
was suffering from slight cold, and
did not turn out to football practice
in the afternoon. He went to his
room shortly after 2 o'clock, saying
that he was going to take a hot bath
and go to sleep. A little before 5
o'clock, Hal Bean, his roommate and
Sid Henderson, were in the room,
imd he was then lying on the bed
with the bathrobe around him, and
apparently asleep. Shortly after
6:30 o'clock the odor of burning
cloth was detected in the house, and
when Noland's fraternity brothers
entered the room, the bed was ablaze.
The flames were extinguished im
mediately and physicians arrived
within a few mlnries, but- Noland
was dead. His body was frightfully
burned.
The bathrobe was an electrical
contrivance for the generation of
heat by resistance similar to electri
cal foot warmers and electrical pads
which are used In hospital work, in
place of hot water bottles.' It was
not equipped with i thermostat for
shutting off the current at a certain
temperature, and the supposition is
that Noland either fainted, or was
overcome by fumes generated by the
rising heat or possibly the smoke,
which threw him Into a stupor from
which the flames could not rouse him.
The resistance coils of the contriv
ance were in a white heat when dis
covered. o
The Odd Fellows building at Hills
boro Is being fitted up for use as a
postoffice.
Orchard lands near Albany sold re
cently for 1600 an cre.
STORY IS MOT SHAKEN
at the prisoner's attitude, Mis? Mc
I Donald's younger sister, Mabel, arose !
jas If to hurl herself at the accused
man. She was Intercepted by a ball-
! itf, who led hor from the courtroom.
"Why, If you were treated so bad
. ly, did you remain with this man?"
! thundered Judge Campbell,
j "I had to remain," responded the
.witness. "I had no clothes and Dr.
McDavit would buy me none."
'Why did you not call to pedes
trians on the street?" be persisted.
Dr. McDavit's office," she answered,
"was adjoining my room and the
least sound he would rush Into the
room and fix his eyes on me. Then I
would seem not to care how long I
remained. H was only when he neg
lected me that I wanted to go away."
Before stepping from the stand
Miss McDonald turned until she
faced McDavit. "Today," she said,
"Is the fifth anniversary of our
meeting. Do you remember?"
McDavit hung his head but made
no reply.
in California are invalid, according
to a statement made by Attorney
General Webb to the United Press
here today, reiterating his opinion
that "equal rights" do not entail
Jury service upon women.
"As I said before.a Jury under the
common law consists of '12 free and
lawful men' " Webb said. "I can't
for the life of me see how we could
twist the reading so that 'men' would
spell women. I reiterate my state
ment, and add that, in my opinion,
all cases where women have served
as Jurors are Invalid."
San Francisco. Nov. 23 His
bloody overalls found in the base
ment in which Benjamin A. Good
man, d'amond salesman, is alleged to
hnvo heen murdered and refutation
of his alibi by his mother, have to
day convinced the police here that In
John Rogers they have a man who
knows more about the robbery and
killing than he car's to confess.
Rogers, who is employed by a pro
duce company, in the basement of
whose building the crime is declared
to have been committed, said the
overalls were bloody because he had
been working with game.
Rogers' mother and sister, not
knowing what Rogers had told the
detectives, declared that he had been
in Oakland, where the family lives,
only between 7:30 and 8:30 o'clock
Saturday night, and they said he was
'not at home Sunday at all. The de
tectives declare Rogers said he was
home Saturday and Sunday.
mm
is FOUND
EUBIHATIOD
The Girl Is Sorry.
New York, Nov. 23. Beulah
Binford. the girl for whose sake
Henry Clay Beatio, Jr., is to die
In the electric chair at Rich-
mond, Va., tomorrow for the
murder of his wife, gave the
United Press today the last In-
teniew she will ever give.
"If Justice is being done."
said Miss Binford, "it is all
right But I am Borry for Hen-
t ry. I am sorry I was drawn into
this thing. Of course, it Is hard
to Imagine any person I actually
knew could have done such a
thing, but if the Jury convicted
him he must have been guilty."
GOVERNOR'S
SUGGESTION
ADOPTED
TROUBLES OK THE OHKtiOX
CEXTRAL DEVELOPMENT COM
PAXV AND SETTLERS MAY UK
ENDED UXDEU THE GOVER
NOR'S PLAN.
By what promises to be one of the
mo3t unique arrangements ever at
tempted in connection with a Carey
act project In this state, it is prob
able that the problem of the Central
Oregon Development company may
be settled by the naming of a com
mittee of three the members to
represent the Desert Land Board,
company and rtlers. respectively
to take over the assets and notes of
the project, and to dictate its con
trol land management.
This suggestion, coming from
Governor West, after an all-day dis
cussion yesterday met with sponta
neous approval of the board, and J.
E. Richardson, representing the
water users on the project, which is
the biggest in the state . Representa
tives of the company made some ob
jection, and agreed to refer the
plan to the directors.
In event the scheme Is definitely
worked out, no new developments
will be contemplated, the whole work
to be centered on the final furnishing
of water to those on the lands now,
and no new sales will be allowed. The
company now has about $S28,0O0
outstanding indebtedness, according
to figures given by representatives of
the company.
Pending action by the directors,
the board will wait for a full state
ment as to the flan! status of the cor
poration. Antone Lost.
fCNITEB FIERI LSSHI WIHB
Seattle, Nov. 23. Antone Leo void
went Into a saloon yesterday. Two
men asked him to buy a drink. Then
they suggested a poker game. They
sat down and Antone pulled out $150.
"You lose." saldi one of the men as
he grabbed the money and left the
place.
o
They Froze to Death.
ftTNITRD I'EMS LK4 RED WIRB.l
Valdez. Alaska, Nov. 23 Fred
Cook and William dimming froze to
death on the divide between Shoup
and Columbia glaciers Sunday night.
Tod Date and Miles Sherry struggled
on and reached camp badly frozen,
but will recover. All were prospec
tors. o
All to Jail.
London. Nov. 23. Bow street
court was parked today at the hear
ing of suffraEettes arretted In con
nection with the parliament riots
Tuesday. The offenders are still
. . ..! ,.t,l.t. r.f lot! In
making uiiaumi"" j-m
preference to fines. There have been
no acquittals.
. o
Hood River has a rooster and two
pullets that have ietrnd the pleas
ures of Joy riding. They roost in
their owner's auto and the pullets
cuddle up to the gentleman chicken
and evidently enjoy the night ride.
Still It seems like a rather expensive
chicken roost.
j " ' " " ... i , , i . , , , ., ................ i. , .,. . , . ,
GiniHr Is Sore.
Atlanta. Ga.. Nov. 23. An-
gry epresslons of ' disapproval
greeted the announcement of'
Justice Wright, of the District
of Columbia supreme court,
that President Gompers, Secre-
tary Morrison am John Mitch-
ell must again stand trial for
contempt, at the convention of
the American Federation of La- 4
bor here today.
President Gompers read a
telegram announcing Justice
Wright'8 decision, and then
submitted a committee report
denouncing the justice.
"Insofar as my Otise coming
before Wright Involves the men
of organized labor as defend-
ants,1' declared Gompers, "he
is mentally incompetent to ren-
der a fair and Impartial decision.
I am entirely willing to accept
as my utterances the report of
the committee just read."
II
CRAZY TO
HEAR TRIAL
At the Opening of Court in
Denver This Morning in the
Trial of Mrs. Patterson for
Murdering Her Husband.
WOMEN RUSHED THE DOORS
There Was a Mini Scramble to Get
in and Hear the Salacious IH-tails,
Women Fought Like CatH, Pulling
One Another's Hair, Throwing
Some Down, on Whom the Mad
Gang Trunil in Their Frenzy to
(Jet In.
Denver, Colo. Novf. 23. Women
rioted madly at the doors of the
criminal court here today when the
court room was opened for continu
ance of Gertrude Patterson's trial
for her life, on the charge of hav
ing murdered her husband.
A mob of women gathered outside
and rushed forward, Insanely eager
to hear the morbid details of the
trial. They fought wildly. They
jostled, pushed, pulled hair, knocked
each other down, trampled upon the
fallen, and acted like maniacs. One
woman's hair was nearly torn out
and another was so badly Injured
that she had to go to the sheriff's of
fice for repairs.
Mrs. Patterson, the defendant,
witnessed tlio str ggle. As usual,
she was calm and indifferent, and
made no expression.
Police Surgeon Mmld, first witness
for the state called today, gave tes
timony that helped the defence, lie
said that after the tragedy he took
Mrs. Patterson to the police station.
While on the way there she sa'd her
dying husband struck her and hand
ed the revolver with which she IihiI
shot him, saying.
"Now. damn you. kill yourself." He
said her cheek bore the mark of the
blow. Mrs. Patterson shoved the
revolver under her husband's pros
trate body after she fired the second
tlm".
Dr. T. S. Parson, the first physi
cian summoned, described how Pat
terson lay. lie said that there were
two bullet holes In the back of Pat
terson's coat. In Patterson's hand
he found a 'lipping telling of his
alienation suit against Kmll Strauss,
the Chicago man, to whom, Mrs. Pat
terson claims, her husband sold her
for $1.",00.
o
RESCUED UV
GERMAN' GUXUOAT
Shanghai. Nov. 23. Wireless
messages received here today from
the river say that the German gun
boat Otter rescued ISO foreigners,
who were trying to reach the coast
on the upper Yangst? Klang
The country through which the
fugitives were passing Is becoming
more hostile to foreigner daily, and
l: is doubtful If they could have
made the coast in safety but for the
German warship.
' 0 GET
MILLIONAIRE
HOME LIFE
Packers Secure IMay.
Washington, Nov. 23. An-
other delay was secured this
afternoon by the Indicted Chi-
cago packers from .trial by the
United States government when
an appeal to Justice White of
the supreme, court of the United
States, made by Attorneys Levy
Mayer and John S. Miller, coun-
sel for the defendants, was par-
tially successful,
Justice White refused to or-
der a stay of the procedlngs In
Chicago, but consented that the
entire matter should be present-
ed to the United States supreme
court when It reconvenes a
week from next Monday.
WHO'S WHO
FOR CITY
ALDERMAN
ALPHABETICAL LIST OF CANDI
DATES WHO HAVE FILED AC
CEPTANCESLOOK UP THE MAN
IX YOUR WARD.
BROWN, Geo. G First ward, clerk
state school land board.
CLARK, Harvey L.L Seventh ward,
collector and advertising man.
CONSTABLE, C. C, Second ward,
county fruit Inspector.
GEHLER, Max H Sixth ward, man
ager Union Abstract company.
JONES, Jerome F., Fourth ward, buy
er for the Salem Canning company.
LOW, Walter S Fourth ward, mana
ger Low Livery and Feed stables.
MOFF1TT, A. T., First ward, present
alderman and house mover.
PEM BURTON, John, Fifth ward,
manager Horticultural Fire Relief
Insurance company.
R1GDON, W. T., Senond ward, mana
ger Undertaking Parlors.
SIEGMI'M), John. Third ward, Union
Abstract company. .
SKAIFE, .1. N Sixth ward, pumps
and plumbing.
TOWNHENI), 0. L., Seventh word,
employe Spnuldi'ig Lumber com
pany. TURNER, John I)., Fifth ward, attor
ney. United States National Hank
building. .
TRYIM6 TO
GET ROCKY
ON STAND
Idyitud mr.nK i.iahud Dim
Washington, Nov. 23. Represen
tative; A. O. .Stanley, of Kentucky,
chairman of the house committee
which is Investigating the steel trust,
ainiouiK I'd today that he will demand
on the floor nf the house that the
DemoTtH buck thu steel probe when
congress reassemble.
Stanley Is convinced that John
I). Rockefeller and his chief philan
thropic manipulator, Rev. V. T.
Gates, should b called before the
Investigating committee to explain
the story told by L-onldn JJerrltt.
i lie grlz.led old backwoodsman nod
m'ner, of how the ol king mtilteted
him out of millions In ruining prop
erty. The work of the Stanley commit
tee may be nullified by a technicali
ty In the resolution which created
the committee, according to attorneys
for the steel trust, who argne that
th" Un't-d States dissolution sul'
against the trust forbids further In
quiry by the committee.
Stanley may be compelled to mis
pend the hearings until congress
meets.
COUPLE HAVE THEIil
LAID BARE TO THE PUBLIC
JAP SHOWS COURT TIE KNOWS
WHAT BEING DRUNK MEANS
ilUSOAND SOBS LIKE A GIRL
Japanese Servants Testify as to the Home Life, and One of
Them Gets on the Floor and Shows How Mrs. Moore's Feet
"Stuttered" When She Tried to Walk Husband's Emo
tions Get the Better of Him and He Leaves the Court Room
Sobbing as He Goes Moore's Side of Case Will be Pre
sented This Afternoon.
Redwood City, Cal., Nov. 23. J, J.
Moore, millionaire coal merchant,
again displayed the 'emotional na
ture" attributed to him by his divorce-seeking
wife, when he left the
court room hero In teara today.
K. Miyashlta, a servant employed
In the San Mateo mansion, was testi
fying that Mrs. Lillian L. Moore, the
plaintiff, bunded him a box of gin
bottles and told him to got rid of
them without letting anybody know
thnt she had given them to him. As
Moore's emotions began working he
wiped hlseyeu savagely, finally arose
from his seat and started down the
aisle. He did not return for the
rest of the morning sesaion, although
his side had but started presentation
of their case. 1 ' ' '.
WltnCMHe Mostly JuM.
The Moore 'mansion had a small
army of Javanese servants, and Miy
ashlta was one ot three called to tell
what they iaw or the Moore marital
dlsavetitures.
During the taking of testimony At
SALEM BOARD OF EDUCATION
POTS MATTERS TO RIGHTS
CITY iSITEIUJiTKNDENT A LOS I! (AX KECEIYG SUITI.IES AND
CHECK SAME-HAS CONTKOI. 0 V HIGH SCHOOL, SAME AS ALL
OTIIEH .SCHOOLS-IMUXCIl'ALS AMI TEACIIEIIS ENDOKSE POff.
KHS-HKSOLITIOX DEFIMXO DUTIES OF PMNCH'AL KIBK.
An "cxei'iitl ve" session of theschool
board was held lajtt night, and a, re
port adopted that leaves the powers
of the city mi iierlntendent In his con
trol over tlio lilgli school unchanged,
llcltit IIiihIih'n Methods.
All bills against the district here
after will bo checked by the city
superintendent. All materials must bo
delivered befr re they uru paid for.
This Is the result of two "executive"
sessions of. the school bonrd at
which I'rlnrlpnl Kirk and City Super
intendent Powers were present at
different Union alone, nnd business
methods wer gunt over very thor
oughly with ii vlw to eliminating
abuses.
Two "Kxeculhf" Sessions.
In fact thu Kulcm school board has
had two "I'xeiMitHo" tleHslons, the de
tails of which are not to bo given out
for publication, anil at one of which
City Superintendent I'owers Is said
to have stnle tliut as some of the
members of the board seemed to
want to run the high school through
I'rlnclpa! Kirk, and he did not wish
to assume 'a divided responsibility,
and tendered them his resignation,
which they u lintiliiiously declined to
consider.
'Ii'iii'Ikth t ' ii ii ii I it i it ii h.
The principals and grade teachers
of the Salem public schools lieurlng
it rumored tlitit City Siiierlntendent
I'owers was Kerluiisly considering re
signing IiIh position, met In the Kast
school and following motion was
inude, Hcconijcil iiml iinunlinoiisly
carried :
"That It Ih tbe request of the teach
ers that Mr. loers do not tender his
resignation.
"That tin teachers hereby express
this confidence In his superintend
ence and would show him how deep
ly they appreciate all be has done
the schools: (Signed as follows.)
George !,. Sbrelber, I'. S. Dotson,
E. A. Miller, Grant R. Honell, W. A.
Welst, Hoht. F. K. Kchaefer, Grace
YVIieelock, K Mae Bullord, Flora I.
Foreman, f'lovr II. Miller. Mary
Chllderi, i Mary McCormlrk, Leota
torney Jordan, for Mrs. Moore, asked
one ot the Japanese witnesses If he
rend the Japanese News. He ex
plained that he wanted to know IC
the witness had rend an Item In
that paper stating that Mr. Moore
would give )3000 to any Japanese
giving certain testimony. Judge
Iluck did not allow the question.
Den Tsuchl and Joe Yamatnto
both servants, were put on the
stand. On cros-examlnatlon Tsuchl
said Moore had pnld htm 5 to be
used as railroad fare from San Fran
cisco to Redwood City for the trial.
Yamanito merely told of the "pnntrr
sceno."
Her Feet Stuttered.
Redwood City, Cal Nov. 23.
Histrloulcs played an Important part
in the proceedings today when J. J.,
Moore, coal man, presented his side
of his wife's suit for divorce. Suml
mura, a Japanese cook, employed at
(Continued from Fag 5.)
Foster, Virginia Mann, Mnbel P.
Hobertson, Katlo Hurltiurt, J. S. Gra
ham, Annie W. Simpson, Eva J. Sav
age, Minnie Cornelius Amy E. Mar
tin, Ada Dayton, Cora A. Miller,
Ellzubeth Walker, Florence Akin, C.
M. Chamberlain, Buna McCoy, Ellen
Currln, Alpha Monaca, Lilly Peck
ham, Deltii Uillard Mabel V. Wilson,
La Moynii II. Clnrk, Ermine K. Dush
nell, Grace K. lllaloek, Edith Drown,
Edith Fugate, Ruth K. Fugate, J. F.
Axley, Elslo Dennis, Zolia llazleton,
Carrie Martin, Margaret Cosper.
Greta 1'hllllps, D. K. Luthy, Louise
1. Wenlger, Mary I.. Hayes, W. F.
Fargo, Marie Khmer, Molllo Cninp
bell, Edith Ciuupbell, Itertha Duncan,
Mrs. Carrla Chapel, Catharine l'ooler,
Anna Fischer, n, Fletcher, Ines
Denlson and llertha C. llyrd.
I'owirs Asks for Hillings.
Two weeks ago City Superintend
ent I'owers sent following letter to
the school board:
"I. There Is a rule of the board
of directors of thU school district
Hinting that tho city superintendent
Hliali receive, und have charge of all
apparatus and supplies purchased for
the district. This rule lias been ob
served In this district until within
the last few months, and during this
time It has been dltllciilt for the sup
erintendent to keep In touch with
this situation. number of bills
have been puld recently by the board
for goods, concerning the receipt of
which, the superintendent has been
in Ignorance because he had no
knowledge of their arrival in the
city. One bill Tor over $190 was on
the point of approval by the board a
few weeks ago, and the shipment for
which this payment was to bo made
had not been received. The superin
tendent Is Interested In this mutter to
the extent, that he desires to know
definitely, and positively whether or
not he Is to be the responsible agent
of the board In the matter of receiv
ing, checking, and distributing appar
atus and supplies In the future. If
(Continued oa page Dr.)