The daily journal. (Salem, Or.) 1899-1903, 1901-01-21
WOODBURY. GIRL
HABEAS CORPUS
Hearing For Release of Bertha
Grader Before Boise
Boise Releases the Young
Women Who Could Not
Get Her Pay

Bertha Grader, a working girl OF Ger
man descent, was sentenced by Justice
Oyerton Of Woodburn to % days in the
county jail for taking articles Of cloth
ing from her employer, Allen Shaw.
]. A. Jeffrey, the Salem criminal law
yer, was interested in her behalf and
brought habeas corpus proceedings be-
fore Judge Boise at 10 a. m.
The Complaint Defective.
As set for in the petition for her release
the complaint on which che was com.
mitted had this clause:
"The reason that the said Allen Shaw
suspected the said Bertha Grader is
that the said Bertha Grader was lately
a domestic Of the said Allen Shaw, and
before quitting her employment as such
domestic, was seen by bimeelf in pos
session OF certain articles OF clothing be.
longing to the members OF his family,
and which the said Bertha Grader had
partly destroyed and converted TO her
own use, contrary TO the statute in such !
cases made and provided, and against |
the peace and dignity of the state of
Oregon.
Attorney Jeffrey shows the complaint
with this report;
That said pretended criminal COM
plant is fatally defective and totally
void, in that il fails to state sufficient
facts to constitute the crime Of larceny
attempted TO be charged, or any crime
against the State Of Oregon or any one
else
That said criminal complaint is also
further fatally defective aud totally void
in that II fails TO state the owner
Di said goods which your said petitioner,
Bertha Grader, is alleged TO have stolen.
That said criminal complaint is lur
her fatally detective aud totally void, in
hat II fails TO allege that the said per.
ioner, Bertha Grader, is alleged To have
tolen, had or has any value whatever.
That said criminal complaint is fur.
her fatally defective and totally
Go,d, for the reason that II
but only states an alleged suspicion.
Bertha Graders Statement.
A JOURNAL reporter called on Mrs.
Bertha Grader at the county Jail yester.
day afternoon, when che stated that
after working in the family Of Allen
Shaw for five weeks and receiving no
enumeration, even after several re.
Iuests, excepting the sum Of 75 cents,
he left, taking with her few articles of
lothing, more for spite than for any
ctual need. She is 81 years of age
nd has been doing housework since she
as Is, her parents havidg died 10 years
90 In Springfield, Ill. Mr.. Shaw has
zen out OF employment for some time
I'd gave this as an excuse for not pay.
q her for the work done. The family
eated her kindly while there but there
as considerable work to do, there being
ur children under nine years of age TO
re for. Ms. Grader Is an honest look
3 girl and seems 10 nave been com.
He'd TO resort TO harsh means aud has ,
harsh treatment in securing her
".
iIlal OF the Case.
Judge Boise heard the argument of
unset for the prisoner but before pro-
edings began delega tion OF : W. G. @
U. ladies were gallantly ushered in by II
eritt Durbin and given seats within II
3 bar. NJ
Mr.. Jeffrey ia an apparently conyinc. en-
manner received the law Of the case sh
g State We. Dorrett ithOregon requires W
lear statement in the complaint of al,
nething forbidden by law, "the acts Co
lstituting the offence in plain ian.
'ge." This complaint was founded in,
suspicion, did not state acrime, did (
allege ownership Of the goods, did in,
fix value, and there Was no sub. wi
ntiAl foundation for charge. There in
no way to do justice to this woman pr,
the wrong done her, but TO dischane
district Attorney Hart said the state Sar
I'D readily concur in the petition for
charge OF defendant. w
ndge Boise after plain definition of
sny, and the complaint failing TO
Q that she took anything of anv
10 "ieloniously," he discharged the a.,