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OSZGOti STATE UBF, Wfi 12.192; the Capital Journal Delivered By Carrier Now For 1 0 Cents a Week CinCXLATION Average for. March 5705. . , Member Audit Bureau of Circu lation. ... Member Associated Press Full leased wire service. THE WEATHER OREGON; Tonight -and Sunday rain west; rain or snow east por tion. Strong northwesterly winds. LOCAL: Rainfall .35; trace snow fall; southerly winds; cloudy; max. 63, mln. 38; riyer 6.8 feet, falling. "TORTY-FOURTH YEAR-NO. 84. SALEM, OREGON, SATURDAY, APRIL 8, 1922. PRICE TWO CENTS ON TRAINS AND NEWS STANDS' FIVE CENTS OSMIO jl ill Isa Isgq I - -i rmilllM- MM HIIM I GUILTY; JURY III 01 HOUR Man Who Shot Police Of ficer Convicted of As suit With Dangerous Weapon; Second Trial William Rogers, Indicted on the charge of assault with intent to kill W. W. Birtchet, Salem police officer, was found guilty of as sault with a dangerous weapon by the Jury In Department No. 1 of the circuit court this morning. The jury was out little more than an hour retiring at 10:15 and returning close to 11:30. May Get 10 Years ' Balloting on the original count of assault with intent to kill stood nine to three for conviction. After a short deliberation on the charge of assault with a dangerous weap on the vote was unanimous on the first ballot. The maximum sentence on the returned verdict is 10 years. It is probable that District Attorney Carson will ask the court to give Rogers the full time when he comes up for sentence April 13 be fore Judge Kelly, because of the peculiar circumstances surround Ing the case. An hour and 15 minutes was consiimed by the state and the court this morning in making the rebuttal and delivering instruc tions to the jury. Walter Wins low, attorney for the defense, con sumed three hours yesterday after noon in presenting his final argu ments. First Jury Disagreed Judge Kelly's instructions to the Jury were confined to defining the laws regarding arrest without a warrant and the individual 's rights in resisting an arrest. . Rogers shot Birchet o3 Decem ber 4 when he refused to accom- pany the officer who had been sent to the home of Mrs. Minnie Lee, mother-in-law of the defend ant, on instructions received from the police station. The Jury in the first trial nf Rogers disagreed, standing 11 to i lor conviction. Walla Walla, Wash., April 8. Fire which for a time this morn ing threatened to destroy the 1250,000 St. Mary's hospital here was announced at noon, after all of the 125 pa tient. L .i , uau oeen removed and the '"the west wing rendered unfit w further service until repair could be made. Wre was discovered at 11 'ock when passers-by noticed 'ojd8 of smoke coming from the - r abve the operating room on fourth floor. The hospital au thorities were immediately noti anl the fire department, "'ch responded with the entire equipment of the city, was rushed 10 the scene. There were 125 or more pa ints in the institution at the "ne and aU of those whQ , t0 alk were taken to the 'evators by nurses, sisters, lests, doctors and newspapermen n responded. Patients who were SeHnilaTir 111 . .,., J in n tic i cuurcu " operating room carts and heel chairs. DISBAND IF KLAN WILL rjaa'IaS' Texas. APril The ,0. a County Citizens league. ,or the express purpose of pouting the Ku Klux Klan, In th ,v countT. wi dissolved, if ill als w111 dissolve. accord S to a statement made public to T after a meeting of the execu- committee of the league here tteii day" Mayor Aldredge of th lsued a statement urging "'landing of both Klan and """-klan organizations. HOSPITAL BURNS PAINTS SAVED 15-Minute Fire Here Works $1,500 Damage One hundred dollars a min ute was the approximate cost to Dr. Carl E. Miller, Salem dentist, for a 15 minutes ab sence from his office in the United States National bank building shortly after noon to day. After Dr. Miller had depart ed a gas vulcanizer in his office blazed ip and set fire s fixtures. Insurance, hi ' 1, will only partially cc is lOBS. Z Several hundred jns watched firemen as tb ' rk ed from the window C the fifth floor of the be 5 jild ing. When Dr. Mille irned his office was wreck s A A ISTOBECHOSEN ST Tonight at 8 o'clock on the eve of the opening of Salem's base ball season subscribers to the fund placed at the disposal of the local club will meet at the Salem Commercial club to choose three directors who will constitute a governing- board for the organiza tlon. There are thus far 51 sub scribers. The club is to operate a new plan this year. One-third of the gate receipts is to be placed In a sinking fund, while the remaining two-thirds will be divided among the players. Weather permitting, Salem fans will see the first of the season to morrow afternoon at Oxford park. In the North Pacific Dental col lege team of Portland the Senators expect to find an organization which will prove difficult to handle. Most of the Portland boys were together last year when they made a very creditable show ing and they have ,had several work-outs already this season. TO EXPLAIN BY New York, April 8. The Na tional Civil Service Reform lea gue, nf which Secretary Hughes is a vice president, today issued a statement through - its acting Dresident. WilWam Dudley Foulke, asserting that as an act of sim ple justice President Harding should assign his reasons for dis missal last month of the director and 31 employes of the bureau of engraving and printing. The statement called attention to section six of the act of Aug ust 24, 1312, providing: "That no person in the classi fied civil service of the United States shall be removed therefrom except for such cause as will pro mote the efficiency of said serv ice and for reasons given in hand writing and the nerson whose re moval is sought shall have notice nt tha Mima and of any charges preferred against him, and also be allowed a reasonable time lor personally answering tne same in writiner." In case immediate action was necessary, the president could ave 8uenended instantly all the nersons affected by his order pending the filing of charges and e oDDortunitv for reply, added the statement, which continued: "On April 4, we wrote the pres ident and secretary of the treas ury asking if reasons were given in any case, but we have received no reply." CITY LEAGUE TO BE FORMED To form a city baseball league to be known as -the "Twilight league" on a similar plan as that of last year, a meeting will be held at the Y. M- C A. Monday night at eight o'clock. All repre sentatives of ball teams are in vited to be present, particularly those who were in the league last season. GAME SUNDAY HARDING ASKED SERVICE LEAGUE REGULARS NOT JUSTIFICATION TO BE USED EN IS DAY'S PLEA STRIKE AREAS BEFORE JURY Secretary of War Refuses To Send Federal Troops Into New Mexican Coal Fields As Asked. Washington, April 8 Secretary Weeks today declined to send fed eraL-troops Jnto New Mexico in response to a telegram from Gov ernor M. C. Mechem, who said he might need them to preserve order in the' Gallup coal fields, where martial law was declared yester day as a result of disorder incident to the coal strike. The war secretary's telegram, sent and made public after he (ad conferred on the matter with President Harding, said: "Unless disorder develops to a point where state authorities are unable to preserve order, federal troops cannot be used in connec tlon with the coal strike." Although Secretary Weeks on1 not so state, the policy stated in the telegram is understood to be the policy of the government .with respect to use of troops in the coal strike it has been the govern ment's general policy in times of past emergencies. Mr. Weeks, discussing the mat ter on leaving the White House, said that the national guard was available for dealing with any cases of minor disorder that might develop. National Guard Sent. - Albuquerque, K. M., April 8. Four troop units of the New Mexi co national guard left here in a special train this morning for Gallup for duty in the coal mine district,, where disturbances by strikers are feared. The troops had equipment of machine guns which were brought here this morning from Fort Bliss. Adjutant General Brown, who went to Gallup last night, has called a conference today of mine operators, mine workers' repre sentatives and Icty and county of ficials, at which time the gov ernor's proclamation of martial law will be read and rules for its enforcement laid down. No further disturbance "was re ported last night. For the first time since Novem berl, Salem's labor demand is greater than its supply, Police Judge Earl Race, who conducts a free employment bureau in the city hall, announced this after noon. More than 80 men have been furnished positions within the last two weeks and more tnan ou were given jobs during the last seven days. Fifteen more men are at pres ent needed on hop and berry ranches in the vicinity of baiem and today it was impossible to se cure these workers. About 33 men have recently been employed by the city in its sewer construction. WILLAMETTE WINS OVER DENVER JJEBATERS HERE Willamette university defeated the University of Denver, Colo., last night in debate at Waller hall chapel. The question was, "Re solved, That the union shop should prevail , in American industry." Willamette had the affirmative. At no time during tj debate was the score even close. The Denver team failed in their three constructive speeches to establish a logical case,. In their rebuttal, however, they rallied considerably but every point they advanced was either undermined by affirmative rebuttal or was turned by the af firmative into a point for the af firmative. The Willamette team showed superior skill in every peech. DEMAND EXCEEDS SUPPLY OF LABOR Oklahoma Oil Man . Says Killing of Army Officer Was Justified by Terms of Unwritten Law. Oklahoma City, Okla., April 8. Pleading the stern code of Okla homa, the "unwritten law," Jean P. Day prepared to go before a coroner's jury here today and seek to be judicially absolved of the killing of Lieutenant Paul Ward Beck on the ground that he slew In self defense while attempting to keep inviolate the sancity of his home. j Six men, sitting as the jury, will hear this afternoon from the lips of Day, wealthy attorney and oil man, and ' from his wife their sworn stories of the slaying. And on their testimony and other evi dence brought out will be assigned the responsibility in the tragedy. "Truth" His Defense. ' j Day declared he will tell the only story he knows the true facts that he struck Beck-;down in his Jiome eany laBt Tuesday morning when he returned and found the noted army man attack ing his wife. In his heart there was no murder, he will plead. The revolver be used as a club in the belief that he was defending his life, when he warned Back to quit his home, fired accidentally as he struck the blow, ending Beck's life, is the testimony he will give the jurors. The immediate provo- cation will be his allegation that Beck drew back one hand that he feared the army flyer might be armed. Supporting her husband's ac count of the slaying, Mrs. Day will go to his defense charging that Beck, the trusted friend of the (Continued on page five) ' WEST TO GIVE E T "Billy" West, who is to fight Tommy Gibbons contender for the heavyweight championship,' will give an exhibition bout liere next Saturday night in connection with the athletic events to be staged at the armory between company B 163d infantry, and company F of the Oregon national guard. West should be a drawing card for all Salem fight fans and is the only first string man to step in side the local squared circle this season. He is coming down at the request of Captain D. D. Hail of B company and will box Captain Lake, an ex-officer of the Cana dian army. Acceptance of the challenge is sued by company B was announced this morning by Captain Paul Hendricks of company F. Captain Hall maintains in the challenge that company F has refused to meet his boys in personal combat, being evidently, aware of the su perior material in his company. Captain Hendricks, however,! maintains that his company is equally as good, If not better, than company B and recalls the fact that company B fa the only unit in the Oregon national guard that has "slipped things over" the Portland organization, by winning from it a cup, which the locals still have in their posession. The events Include a boxing or wrestling match vetwen the two company commanders," events be tween members of the company of similar nature; a dressing race; and an exhibition drill in the aft ernoon. The public is invited to meet, more particulars of which will be announced later. Portland Has Snow Portland, Or., April 8. There was a thin mantle of snow on the higher portions of the city and surrounding hills early today. Snow fluries turned to rain dur ing the morning. XHIB1TI0N BOU AT ARMY MEET Women Tire of Politics; To Let MenRun Things : V" ' : . ' Jewett, Texas April 8. Wom en tire of the duties and respon sibilities of public office after having directed the affairs of jewett for two years and at the city election this month stepped down and permitted men to re sume control. All the five alder men elected are husbands of the former alderwomen. During the two years of femi nine administration there was not an arrest made nor a session of criminal court held within the town. The administration gave its attention to civ.1 Improvements and to efforts to make a cleaner and better community. It is agreed generally that their efforts were successful. .Mrs. J. T. Arkinson was the first woman mayor to be elected in Texas and Jewett is the only Texas town that has been govern ed entirely by women. SEATS OF VOTERS : Ten legislative candidates tiled formal declarations of their inten tions to seek primary favors from their respective political parties with Secretary of State Kozer to day.' ' .""T ' D. C. "Lewis f Portland wants to be one of the' republican can didates for the lower house from Multnomah ";couhty. His slogan promises 'faithful,' 'earnest serv ice'... - ' ' Herbert Gordon is out for an other term in the lower house as the representative of Multnomah county. ' ! Joseph K. Carson of Portland, democrat, is also out for legisla tive honors on a platform of re trenchment and economy. . Loyal M. Graham, of Forest Grove wants to be the republican candidate for the legislature from Washington county. W. C; Bolton, of Maupin, is out after the republican nomination for representative from Wasco county. " O. A. Eastman, of Gresham, re publican, would accompany the Multnomah delegation to Salem for service in the lower house of the legislative assembly. ,;J. M. Throne, of Roseburg, re publican, is a candidate for nom lnationV for representative from Douglas county. Emmett Howard, of Junction City, is seeking the republican nomination for state representa tive from Lane county. 1 J. E. Bennett of Portland has filed for the republican nomina tion for representative from Mult nomah county, with a slogan of "honest, fearless, effective - serv ice strict economy. " I. U. Temple, of Pendleton, has adopted the slogan of "a holiday on voting bonds," in seeking the republican nomination for repre sentative from Umatilla county. George E. Richards, of Enter prise has filed for the republican nomination for district attorney for Wallowa county. SHEEP DIPPING NOT TO v BE REQUIRED THIS YEAR - The annual dipping of sheep Is dispensed with throughout Ore gon except in Deschutes county, northern Lake county and north ern Jackson county, in a procla mation Issued by the state live stock sanitary board here Friday. The proclamation points out that. with the exception of the territory excluded the state is free from in fectious and contagious diseases of sheep. CHICAGO STREET CAR FARESORDERED OUT Chicago. April 8 After a long fight over Chicago's eight-cent street car fare before the Illinois commerce commission, that body handed down a decision today fix ing the fare after May 1 at six cents. There will be no extra i barge for transfers. EN CANDIDATES ASK LEGISLATIVE TESTIMONY Of WITNESSES IS TO BE PROBED Stories Told by Women In Defense of Fatty Arbuckle To Be Laid Before Grand Jury. San Francisco, April 8. Mrs. Virginia Warren and Mrs. Helen Madeline Whitehurst of Chicago, defense witnesses in the third Roscoe Arbuckle manslaughter trial, were subpoenaed today to appear before the grand jury Mon day night in connection with tes timony they gave in the trial. The announcement of the serv ice of subpoenaes was made by District Attorney Matthew A. Brady. Mrs. Warren and Mrs. Whitehurst testified that Miss Rappe was taken ill a number of times in Chicago and the former said that she attended Miss Rappe on the occasion of the birth of a child. The prosecution produced sev eral witnesses who contradicted in rebuttal testimony the assertions of Mrs.- Warren and Mrs. White hurst, Baying that Miss Rappe, whose death Arbuckle is accused of having caused, enjoyed good health during the years that they knew her and that they never knew of her becoming a mother. The prosecution concluded the rebuttal testimony today with the exception of three minor witness es who failed to arrive from Los Angeles by calling to the stand as its own witnesses two of the attorneys for the defense, Gavin McNabb and Charles H. Brennan They were asked about cir cumstances surrounding the dep osition of Mrs. Whitehurst taken before Albert Sabath in Chicago. In the deposition she was cred ited with saying that Miss Rappe became ill a number of times at her home, but in the trial she de clared Miss Rappe was ill only twice at her house, and asserted the deposition must have been changed after she gave it. S T Widows with children are more prone to remarriage than are widows without children accord ing to data compiled by the state Industrial accident commission here. Of a total of 111 widows who were receiving compensation awards and who remarried during the past eight years of the com mission's existence 86 had chil dren and only 26 were childless. Of the 111 remarriages 18 bad been widows for less than a year and of these 14 had children and only 4 were childless. A table compiled by the com mission shows that the average time between the death of the husband and remarriage of the widow Is 2.25 years. Of the 111 cases of remarriage the maximum period of widowhood was 6 years three months and 29 days and the minimum period was only three months and 19 days. The average of these widows at the time of remarriage was 30.6 years with the age of those with children running slightly lower than those without children. The table shows the remar riage of one widow at the age of 17 ye:rs and three months. BORAH WOULD DEPORT SEMENOFF AS "BUTCHER" Wasi-'ington, April 8. Declar ing he had received charges that American men, women and chil- lren had been "butchered" in Si beria by General Semenoff, Chair man Borah of the senate labor committee, announced today he would endeavor to bring about de portation of the anti-bolshevik leader under ball In New York after arrest in connection with a civil suit. WIDOW AVI CHILDREN FIRST 0 MARRY AGAIN Girls To Wear Labels; Name Plates on Socks Atlantic City, N. J., April 8. Names of the wearers em broidered just above the ankle are to take the place of clocks on women's stockings, several exhibitors at the Atlantic City fashion show say. It is said the fad will be "quite the thing" this summer. YET WITNESSES The largest crowd of youngsters yet to have gathered in the Bligb theater for a Capital Journal mati nee this morning saw Jackie Coo gan in his latest offering, "Peck's Bad Boy." - . ,. More than 600 youngsters, none of whom were more than 12 years of age, jammed the theater, Man ager Frank Bltgh said. "Peck's Bad Boy," was the fourth picture to be shown by The Capital Journal for the benefit of Salem youngsters who were ad mitted to the theater if they pre sented a Capital Journal coupon, published in one issue of the pa-j per, together with five cents. Shouts of approval 'from Ahe boys and girls greeted the appear ance of Jackie in the role of the unruly offspring of Mr. Peck. When Jackie and his pal were re sponsible- for the freedom of a man-eating tlgter at the circus, his actions caused howls of merri ment from his spectators. Beardstown, 111., April 8. (By Associated Press.) Laboring at a nervous , pitch "throughout the night, workers on Lost creek levee which was still intact at daybreak, had the satisfaction this morning of knowing they had minimized the damage of Beardstown's worst flood, and that when the momen tarily expected break does come, It will find only empty houses In its path. . Lost creek levee is the one pro tecting Beardstown proper. Be sides, it there are nine others within five miles. All the levees are constructed circularly and the collapse of one, it is said, will not weaken the others. In Beardstown proper the flood is being held in check by the dik ing of sewers. Thirty-six individ ual dikes have been constructed, lige enormous bowls, about the openings. It is declared here it is the first time this expendlent has been resorted to in the north. Mayor Wesley Perry expects be tween 1000 and 1200 homes will be flooded when the levee gives way. Outskirts or the ctiy are a solid sheet of water, dotted by iso lated houses. OREGONIANS URGED TO HONOR GRANT'S MEMORY In a statement issued Friday Governor Olcott calls upon the people of Oregon to join in the nation-wide observation of April 27 as the one hundredth anniver sary of the birth of General Ulys ses Simpson Grant. "To Oregon this commemoration of the birthday of General Grant has a peculiar signifance," the statement of the governor points out. "Grant was not unknown in this state and his presence here in his earlier life is remembered by the free and prominent use of his name In the geographical nomen clature of our commonwealth. "I trust that Oregon will as sume a leading place among the states in this celebration. Plans for the observance ot this day generally in the schools are well under way. In each community, town and city I urge that appro priate exercises be held with spe cial addresses and features propei for the occasion." BIGGEST CROWD OURNAL'SSHOW FLOODED i'ER HELD IN CHECK BY VOLUNTEERS TEXAS STORi TAKES HEAVY TOLL OF EIFE Oklahoma Also Swept By Devastating Wind; Roofs Blown from Houses. Dallas, Texas, April 8. Deaths from the storm of early today numbered 13, ac cording to reports from var ious north central Texa and south central Oklahoma points at 1 o'clock this after noon. Early estimates of the property damage were that i,t would be heavy. Six deaths were reported from Runnels county and four in Callahan county, Texas. Reports from both places are meager. Balllnger, Texas, April 8. Six persons were reported killed, sev en Injured and six homes destroy ed, six miles northwest of Rowena, near here, in a tornado which swept that section early this -morning. Communication is bad ly crippled and it is feared the death toll will be greater when wreckage has been searched. The dead were reported to be two chil dren of Joe Hohutek, a child of Frank Kvatll, - an unidentified man and two negroes. . Lawton, Okla., April 8. One person, a Mrs. Sands, was killed and her baby probably fatally in jured in a severe wind storm which swept the mountain hill ad dition of Layton at 8 o'clock this morning. A number of others were reported injured, and much (Continued on Page Five.) L Los Angeles, Cal., April 8.- Mrs. William Winter, aged 81 years, widow of William Winter of New York, who was widely known as a dramatic critic, died here late yesterday following an operation. New York, April 8. Elizabeth Campbell Winter, actress and au thor, who died yesterday in Los Angeles, made her first appear ance on the stage before the civil war as a singer. She became a pupil of Edwin Booth, with whom she played "Katherine" in "The Taming of the Shrew." She continued to play Shakespearean and other roles with Booth, .James Henry Hack ett, John Broughman, Lester Wal lack, Emma Walter and Fannie Janouschek until 1878 when she became Interested in writing. In addition to hundreds ot short stories, Bhe wrote several novels, of which "The Spanish Treasurer" and "The House ot Dalngerfield" are the best known. Her pen names Included Eliza beth Campbell, Isabella Castellar, E. C. Winter and Elsie Snow. Mrs. Winter was born in Glas gow, December 19, 1840. She married William Winter, the author. In 1860. Five chil dren were born to them. REPORT WOMAN HURT IN AUTO CRASH HERE Mrs. Arthur Girod, of route 8, sustained scratches on her face and head yesterday when a car, driven by- her husband, met up with a automobile driven by R. E. Davidson, 2S4 South Cottage street, according to a report ma tie to the police. A broken windshield was responsible for Mrs. GirtxI's Injuries, It said. The accident occurred on Che meketa street while the Davidson machine was headed east and the Girod car was moving west, ac cording to the report. DRAMATIC OF BOOTH DEAD 1