Daily capital journal. (Salem, Or.) 1903-1919, December 11, 1911, Street Edition, Image 1

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    Street gr fcj -
Edition Mlftif fll rrtrfr im
1c From
I 'II
Newstoys
I 1 I
I
V
1
VOL. XXL J,
TIE UP
WHITE TELLS OF FIRST APPROACH
FRANKLIN ASKED HIM IF HE
WOULD HOLD THE MONEY AND
PAY SAMEJW CASE ENDED
White Says He Handed $500 to Juror Lockwood and Told
Him He Had $3500 More, to Be Paid if He Qualfiied as a
Juror This $3500 He Turned Over to District Attorney
Fredericks After He Was Arrested-Lockwood Corrobor
ates the Story He Also Gives Up the $500 Paid Him After
Franklin's Arrest.
Los Angeles, Calif,, Dec. 11. For
mer Governor Henry T. Gage,, chief
counsel for Frankl n, and his asso
ciate, Lecompte Davis, reached court
some time before the arrival of Jus
tice Young this morning. They were
accompanied by Detectives Franklin,
who appeared to be In a distinctly
chipper, mood. Gage stated that he
was prepared to go on with his case
today. Prospective Juror Lockwood
was also an early arrival. It was
planned that he wuld be the chief
witness for the state. Robert F.
Bain and Mrs. Bln also were on
hand when court opened.
Gage stated that he would like to
waive the preliminary examination
when court opened but this opposed
hy Assistant District Attorney Ford,
who said the only way thla could be
done wag to have the defendant take
the stand and '"tell the whole story."
,. . "Of course .be . will not do that,"
he added. . '
"Cap" White on the Stand.
"Cap" C. E. White was the first
witness. He said he saw Franklin
on November 27 between 11 and 1
o'clock. Franklin came to his place
of business, he said, and said to him:
"I want a private talk with you."
They went Into a back room, White
said, and Franklin told hlsj he was
employed by the defense In the Mc-
Namara case to investigate Jurors,
and that he was thoroughly assured
of the innocence of the McNamaras.
The prosecution was spending thou
sands to get a Jury that would con
vict and that his side was using the
same tactics.
"He then told me." continued
White, "that there was an old friend
of ours on the panel, with whom he
had talked and wh' bad become con
vinced that a few thousand dollars
would come in handy In his old age.
This man was close to the district
attorney's office and was sure to
qualify, and all that was wanted was
that I become custodian of $3,500 to
be paid to Lockwood in the event or
an acquittal or a disagreement of
the McNamara Jury. He told me
that this would be perfectly safe for
me as they already had two accepted
Jurors who would 'vote right.'"
Franklin TtBlts Him.
White said Franklin came to his
house that night and told him he had
not yet been able to get the money
and asked him to go out to Lock
wood's with him. He refused, but it
was agreed that they were to meet
the next Monday at Third and Main
strets: They met as arranged ana
Franklin passed him a roll of bills
and told him they would go to Ios
Angeles and Third streets to meet
Lockwood. Franklin loft him and
crossed the street and then Lock
wood came along.
"I told him," said White, "that
' Franklin had put the money in my
hands to be paid him If he .malined
as a Juror in the McNamara case
and secured an acquittal of a huns
iurv. I told him he was to have IM
on account and that I was to keep.
the balance. $3500 until the end or
the trial. I handed him a $500 bill and
he put it in his pocket. Franklin
had told me to give Lockwood this
$500 after we met that morning
Shortly afterward I was arrested
and taken to the district attorneys
office, where I turned the $3500 over
to District Attorney Fredericks.
Lockwood Testifies
. White was not coss-examln-d and
Lockwood then tonk the stand He
said he and Frank'tn bad been Ulti
mate friends for years and tha
Franklin came to him on November
4 last ar his home
made an appointment to meet him at
HIE JURY BillUG CASE
his office the following week and did
so. There Franklin toljl him he
probably would be called as a Juror
in the McNamara case and pledged
him to secrecy.
"He then told me," said Lockwood,
'"George, we are both getting old
and we haven't taken advantage of
our opportunities. It's time we
worked our heads. There Is $2,000
in it for you if you'll qualify as a
Juror in the McNamara case.' I
asked him how it could be' done, and
he said: 'There will be $500 in it at
the start and If the prosecution re
jects you you can keep tht,. If you
qualify you can get the other $1500."
I asked him how I'd get the other
$1500 and he said It could be paid
through my wife. I told him my
wife would not stand for anything
like that, and he said, then we could
make other arrangements. Then he
told me l could vote for acquittal be
cause It had been proven that Mc
Mantgal had been with Burns for
Iz weeks or two months prior to the
arrests in the case. He told me that
there would be plenty of reasonable
doubts in the case' and that I could
easily Justify my voting for acquittal.
Then he told me hi would leave the
balance of the money with Jerry
Leftwidge, but I to'd him I did not
know Leftwidge ard we parted.
"A week later he came to my house
and I told him that I would not have
anything to do with the matter.. He
told me I was foolish to be afraid
of him and that I ought to take the
money.
Told District Attorney.
"As he left me t went to the dis
trict attorney and told him all about
it Soon afterward Captain Freder
icks came to me and told me if
Franklin renewed the proposition to
go through with it snd keep the dis
trict attorney informed. Franklin
came to me on November 26 and
told me that my name had been
drawn as a Juror and he then took
me around back of the barn and
said: 'George, there Is $4,000 In this
for you.'
"He told me It would be perfectly
safe and that I wo"'d get the money.
I told him when a man goes Into a
thing like this he must be sure be Is
getting his purchase price. I sug
gested a name that had been sug
gested to me by the district attorney,
but Franklin said no. that he would
trust Cap White a thousand times
where he would not trust the man I
mentioned once. That man was
Henrv Yonkin, who was satisfactory
ln th district attorney. Then he of-!
tered me $200 on account but I re
fused it, saying I only wanted one
transaction and he must give me the
jr.00 at once. Then lie made arrange
ments to meet the next day. He
told me that he vould have to see
Clarence Darrow to arrange a safe
way in which the money was to be
paid over to me.
I'nt n i'p ",'
The. next day I cam- to town and
. J!.t.l..( otlnrni'V All
after telling me Ll
about wha had nevpened. I went to
Kl Monte with the district attorney
and called up Fra-Vlin. I told him
to meet me at my house that night.
He asked me
big one' out,
if he wouia onus wic
and I told him, yes.
ft 'nlnr-h
He came out to my house ai .
that night and 1 a.d hi"' "here
Darrow was. ,..,
He asked me if I had thought
, ih t,iir one', and
:that uarro
I ..... i id I certainly had thought
so, he said: 'Oh, no
It was Cap
White I meant
"Then we talked
the matter over
(Contlnuea on VI
The Gackwar Naughty.
London, Dec. 11. The Gaek
war of Baroda, one of India's
wealthiest and foremost ruling
princes, now attending the Du
bar at Delhi, has been brought
into a sensational divorce suit
here, application having been
made to the court asking per-
mission to cite
him as co-re- .
spondent
Members of European royalty
are declared to be the princi
pals. Their names are sup-
pressed .
The incident causing the dl-
vorce action is reported to have
occurred during coronation
week, when the Gaekwar of
Baroda was In London in at-
tendance upon King George, as
one of India's representatives.
SAY CLIENT
NOT GUILTY
OF A CRIME
Convinced that their client, Pearl
Greene, a traveling salesman for I
Fairbanks-Morse & Co., and whose I
extradition papers Acting Governor
Olcott signed Saturday, is guilty of
no crime, the law firm of Weather
ford & Wyatt, of Albany, today began
habeas corpus proceedings In his be
half, In the county court . ot that
city. "! I ,r
Wife Has Him Arrested.
Greene's wife secured a divorce
from him In Tacoma, and in the de
cree she was awarded the custoy of
the child, and alimony to the extent
of $50 a month. Since the divorce,
his lawyers say, he has paid one-third
of the alimony. Though there was
no clause inserted In the decree that
he should support the child, lately
his wife had a warrant Issued for him
chargln him with failure to support
It, and he was arrested at Albany,
where he has been confined in Jail
since November 20.
Olcott Waives Law.
When the application for his extra- Taft to approve the plan. He de
dltion came up Saturday afternoon, Clares that five states have provided
Acting Governor Olcott waived all uch primaries and a sixth made le
law points, and voted In favor of the gal provision substantially to the
baby. Greene's attorneys contend- aame end. He expects others to take
ed, In the first place, that no crime a similar action,
had been committed, and In the sec- j "I cannot forbear to say that I do
ond place, that If one had been com- not believe that any Republican can
mltted, Greene could not be consld- desire the presidential nomination,
ered a fugitive from justice that he unlesg It comes to him through the
had never fled from the state. The support of the majority of the Re
failure to pay the alimony, and he publicans In the country,' said
has been unable lately to meet a .
portion of It, they contend. Is but the j
failure to pay a debt, and Is no
crime. If Washington has a law pro
viding that a divorced husband must .
support a child who has been as
signed to the custody of the wife,
and she Is securing alimony, then
such a showing was not made before
the acting governor, they contend. 1
They give It as their opinion that j
the present charge was preferred
againsi iiu-n . .u-"i
son of railroading mm c-acn 10 me
state or asmiiBum .o. ,
and they are convinced that a court f
of law will not sustain uie b:uhs
ernor In signing the requisition.
Should Consider Law Points.
Thn contention Is advanced that
the acting governor should have con
sidered the law points In the case as
well as sentimentality. If a decision;
was to be made on the latter, It Is
maintained that the husband, who
has pal.l as mi.cn m u.e a.."."",
he can, and who nas oe.n in. ..
ated for nearly a montti, is aiso en
titled to ome of It. The battle now
promises to be between the courts
and the acting governor, and it will
be watched with much !nt ret.
"
A ;m1 Time Assured.
One of the event" of Interest this
coming week will be the "old time"
dance at the Armory. Tuesday even
ing, December 12. An Invitation Is
extended to old and young alike, and
&1I are assured a good time. There
will be as many of the old time
dances as will be nJoyable to the
crowd, but the modern walti and
two-step will not be neglected.
Everybody will be welcome.
SALEM. OREGON. MONDAY, DKCTMBKU
Report Is a Fake.
I?
Washington, Dec. 11. Re
ports that President Taft Is to
withdraw from the presidential
contest were today pronounced
malicious fake, at the White
House. An anti-Taft leader
said: "We thought three days
ago that Taft would withdraw.
But we don't know, Everybody
on the inside Relieves that Taft
intends to fight to the last ditch.
He wants a renominatlon more
than he ever wanted anything
In bis life, and, is lining up ev-
ery bit of power he has to get
It."
J
-
APLfltlTO
KITE
00 CHOICE
Chairman Houser, of the Pro
gressive Republican League,
Wants Masses of- Party to
Vote on Preference for Pres
ident. HE PASSES IT UP TO TAFT
j '
President Is Urgel to Indorse This
Plan, Hut Will Probably Not Do
So MattT Irrentel to Arthur
Vorjra, National Committeeman fur
" Blilo, Who Will, In Turn, IVeSent
' It to t"e-:ontmltfee Chicago .1 to
Get Convention. .
fuxms nasi uusbd viaa.1
Washington, Dec. 11. Walter
Houser, chairman of the progressive
Republican League. In a letter to Pre!
ldent Taft today puts the issue of
nation - wide primaries to name a Re.
publican presidential candidate up to
the nation's chief executive. Much
f th natlonal Republican commit
tee's time tomorrow will probably be
occupied with a discussion ot thla
question.
Houser'B letter urgeg President
Houser.
i The national committeemen are
arriving here today. It is believed
that Chicago Is certain to get the
Republican national convention which
will nominate a presidential candidate
In 18912. Acting Chairman John Hill
secretary Hayward and Frank Hitch
cock conferred with President Taft
today.
Harry Brown, the chairman of the
Ohio Republican state central corn-
mlttee,
Is demanding that Taft en-
, dorse the presidential primary plan
n h)g natve gtate of Oh,0 d(J.
prmary pan wm th(J
beginning ot a movement In favor of
ex-Prestdi nt Theodore Roosevelt for
the 1912 nomination.
"I am not necessarily expressing
my own views,'' declared Rrown. "It
is the opinion of our committee that
fhe neool should choose the d"le-
i gates, and I am here to present that
fact to Arthur Vorys. the Ohio rep-
comlnt,w,lnan( and ailk him to
national commit
tee."
'
('hpnMf txtliunk.
Senator Patt'oB of this city has of
fered $18 In cash prizes to the high
school debating soclely for discus
sion of the question, "Resolved, that
free text books woi Id be desirable In
the public schools. The debating
section of the hlfch school met to or
ganize the debate this afternoon at
3:30, and the first tryotit will be Fri
day night.
o ,
Learning economy may not be
pleasant, but It beats breaking stone
on the streets.
11, 1911
CU1U!
DOTH STAR'
Both Wanted Him. '
Seattle. Dec. 11. A Ju.y this
morning fixed the value of a
husband's love at $35,000, when
It awarded $35,000 damages to
Mrs. Eliza A. Phillips, who had
sued Mrs. Mattle A. Phillips
for $100,000 tor the alienation
of the affections of John W.
Phillips.
John W. Phillips, whose af-
fectlons were set at so high a
figure, disappeared and left his
two former wives to fight out
the Issue In court. The verdict
Is one of the heaviest on record
for such a cage;'
Mrs. Phillips No 2. the do-
fendant. Is reputed to be worth
about $2,000,000.
'
SILVERTOII
TAXPAYER
FORGETFUL
Despite that 12 ytars have gone by
since Frank Durbln was sheriff ot
the county there lit at least one man
Charles H. King, of Sllverton, who
does not realize It for he sent
money order to htm the other day In
payment of his taxes. Being direct
ed to him In the capacity ot sheriff,
It was turned over to Sheriff Mlnto,
who this morning whots Mr, King
tha reminiscent rsply;. . , .. . ....
"Dear 8lr: "Yours Inclosing
money order for .taxes In the name
ot Sheriff Durbln received. Now I
do not know whether this is Intend
ed as a Joke on your part or wheth
er It Is an attempt to keep alive the
memory ot one who has long passed
away. I am glad, however, to know
that he left a friend even If said
friend .does live some distance back
In the mountains.
"He also was a friend ot mine,
but don't send any more money or
ders In his name for his administra
tor hates to sign over money almost
as bad as Sheriff Durbln hated to
pay his taxes after he went out of
the sheriff's office.
"It Is now almost 12 years since
he left the sheriff's office, inalu'v.J.
think, for the reason that he could
not take it with him to his farm on
Howell prairie. The last political
situation he had was member of the
Salem city council from Second
ward, but after a few frantic efforts
to aoslst In the regulation of taxes,
bridges, streets and sewer assess
ments, he did not wait for dedth,
but voluntarily resigned nnd thereby
lost many friends (for the council).
"Your sending a money order to
this office In his name at this late
day, reminds me Hat In the year
1885. which however, was the sum
mer following the winter ex-Sheriff
Durbln and myself went through the
Portland Business College, together.
I was riding the range in Harney
valley and the Malheur county, I ran
across an uncle that none of us had
heard from for about 20 years. I
remarked to him, "I'ncle Jim, you
located pretty well out of the world."
"Yes," said he, "I -am so far out
of that If the balance of the world
would burn up, I would not hear thn
news soon enough to get out of the
way of the fire."
o
Karnll Itunnuay.
What might have developed Into a
serious accident, occurred on High
street this morning when the tniu
belonelng to the Feeble Minded
school found themselves loose and
started to make a record run down
the street. The driver had left the
team standing for an instant while
he went Into Joner' o get a rasr of
eggs. The horses fndlng themselves
without a guard, broke their parole
and started clown the street at a
lively rate. The Irlvr was some
sprinter hlniHelf. however, and be
fore they had gone very far, he over
took them, sprang Into the. back of
the hack and grasped the lines Just
as the horses were about to run
against a telephone pole.
o
Making mistakes Is a specialty of
some people who know nothing about
the acknowledging of them.
DOUG 00 milflflS
TO IVORIt if JUTE LULL!
:110 LODGER LADOR LEADERS
THEY ARE HtlOWII DY JUDDERS
JAMES MAY WORK AS FRUITER
John is Convict No. 25,315 and James 24,314 Were Taken
to the Prison at San Quentin Yesterday Manacled to Offi
cers Los Angeles Spent $1000 to Get Them Transfer
red Safely "Nations Rise and Fall, But History is Writ
ten Just the Same," Was John J's Last Remark Before the
Prison Doors Shut Him nl.
San Quentin, Cat., Dec. 11 Work
ing on Jute looms In the mill at San
Quentin prison, John J. McNamara,
secretary of (he- International Asso
ciation of Bridge and Structural Iron
Workers, and James B. McNamara,
whose dytttthilta bomb killed 21 men
In tha Log Angeles Times disaster, to
day began to pay in long, weary
years tor their offense against socles-John
McNamara Is no longer tho
"big man," the powerful labor leader.
He 1b convict No. 25,815. His broth
er, James, who, by his directions, is
said (o have drawn a trail ot death
and ruin from coast to coast, ,1s con
vict No. 25314. They are milling Jute
today.'.a.'tSBk -James, may continue
until death, and that John J. will
surely have for many years.,
Tha McNamaras arose early today.
They were out of their cots and at
the doQra of their tolls at 6: if 0, just
as the dawn was driving away, the
mists about the prison, Then a brief
breakfast came, and at 7:15 the
looms In the' Jute mill began the
clang and clash which will ring in
the ears of the dynamiters until
their debt Is paid.
There Is a chance that James B.
McNamara however, will escape the
Jute mill. He is a printer, and as
such may- be used In the printing
plant of the prison. Today or tomor
SMALLPOX
ENDEMIC
AT MARiOri
Dlscoverlng the little town of Mar-
Ion to be suffering from an epidemic
of smallpox, Dr. Van Winkle, county
health officer, yesterday afternoon
placed the quarantine on four homes,
and with the view of preventing the
dreaded disease from spreading, dl-
rected that the schools be closed and
that all religious services be dls-
pensed with.
In all of the hoi"os over which the
You could not present a gift that would
be more appreciated by either lady or
gentleman, than an
Indian Robe j
Couch Cover, or
Steamer Robe
They are mighty useful in many ways,
and very ornamental. J
We've just received for the holidays a
shipment of especially beautiful pat- t
ternsreal Indian designs, moderately X
priced.
$6.50 to $12.50
See our window display.
Salem Woolen Mill Stor
t
XO. 294.
-
row he will be examined for tuber
culosis Indications, and fulling theso,
he may obtain the privilege of the
type caso-a privilege much esteemed
in San Quentin. What John J. will
ultimately be employed at Is yet un
certain. For 'he present he will
weave Jute. . ,
The future that la the whole
thought of both men. James B. Mo
Namnra's mind Is focused eight years
from today, when he shall be permit
ted to ask for parole. John J. Mc
Namara looks ahead five years, when
he, too, may ask for freedom.
Manacled to Deputy Sheriff Gath
ers, J, B, McNamara occupied an up
per berth, and. John' J. In charge of
8herlff Hamm.jll, the lower, on the
trip rrom Loa Angeles to Port Costa.
At 5 o'clock yesterday they awak
ened, had a Hght breakfast, and at
sunrise disembarked to board the
tug Caroline, Their Journey toward
the fortress-like walls was nearly com
pleted. (
"Nations rise and 'all, but history
Is written Just the same," declared
John J. McNamara before the gates
closed on him. "This applies to me.
The future is still before us."
Los Angeles county spont $1000 to
transfer the prisoners from Loa An
geles to San Quentin, the largegt
amount ever expended tor such a
purpose.
yellow flag was raised the cases
were well defined. Ignorant as to
the nature ot the malady, the suf
ferers had mingled with the people
generally and their children had
been permitted to attend school so
that the wholo town, according to
Dr. Van Winkle's statement, has been
practically exposed. The failure to
report the cases to the health offi
cer sooner, It seems, Is due to the
J fact that the physician attending tho
afflicted persons had made an ln-
WK diagnosis of the disease.
Dr. Van Winkle Is keeping a vlgl-
lant watch over the situation and as
soon as further cases come under
his notice will place them under
quarantine and take ull other ineas-
ures to stay, the spread of the epl-
demlc.
, o ,
LoVO H the poultice that draws out
the sting of strife.
e