Daily capital journal. (Salem, Oregon) 1903-1919, 1910-04-05

Because Lem Muuu a .O'g.fH. uI
Portland. became Involved Iu i'uu
u the Bow On Tons aoD.,iN which rc.
suited Dob thp murder UI It. Tai hoy
ou March O.. 1908. hp vIII haN, f0 pay
for his crime boy "a death un hr sUaf-
fold as the supreme court ihI- morn
ing sustained bis conviction of muir
der Boo the first degree iu che circuit
court of Multnomah county.
Lcm Woon was indicted Jointly
with Nee GuenE of the crime and was
given "a separate trial At the trial
90 developed LAT the murder was
brought about through a fcud exist
ing in the Bow On Tong society
which has its headquarters in build
ing on Second and Oak streets. II
seems that Lee Ia Hoy was response
BILE for causing the society 20 split
into two factions, and tnat he repre-
sented the seeding one. and the lead
ers of the opposing factions clashed
one night. and Hoy was killed. AT
the trial the followers OF Hay testified
for the state, and the followers of
Woon and GUeny testified for the de-
fense, and the defense contended
that because of this factional feeling
the evidence of the state was biased
and prejudiced and thereby not
worthy of belief During the trial
there was also brought into the court
room box full or ugly knives and .
other death-dealing instruments, and /
il was contended that this was not /
competent evidence, and prejudicial .
to the defendant. Lastly an alibi was
sought to be established for the Chi .
naman, but the supreme court held .
that it had not been made out, and .
also held against the other conten- .
tions and Woon will have to pay for .
his crime by dangling at the end .
of the hangman's rope, until dead.
Mcbride Did Not Pass on Case.
The supreme court also rendered a .
decision in the case of Stoffer Pater
Raski appellant, against Marcus .
Wise. This is a case from Clatsop
county, and was originally tried by
Judge Mcbride, who is now a justice .
of the supreme court, and, therefore,
was barred from considering it, 1t .
was brought by the plaintiff for the
purpose of having deed declared a
mortgage, and the appeal was prose
cuted from a decree entered to the
effect that the land might be re-
deemed by the payment of $4,000 in
supreme
court had the decree modified
Three Other Cases.
In the case of the Olympia bOttling
works against the Olympia Brewing
Company, the supreme court reversed
the decision of the circuit court Of
Multnomah county. The suit was
brought by the plaintiffs to recover
damages to the amount of $4,000
% ach Of
brewing company, it seems, had en-
tered into a contract with the plaintiff
to make it the sole agent in the state.
and it was stipulated that at the end
OF five years the plaintiff should have
the option of continuing as agent and
the price for the products were not
to exceed that named in the contract,
but were to be revised The brewing
company declined to permit the plain
tin to longer act as agent and the
suit was brought and a verdict rem
dered for the defendant. Judge
Eakin rendered a dissenting opinion
holding in brief that no contract had
been violated, as in the notice served
on the brewery company the plaintiff
failed to set out the price of the pro-
ducts for continuing agency, and that
this was subject for a new contract
between the parties.
The judgment of the lower court in
the case of Gasselin & Hamblut
against H. j. Martin was also reversed
This was an action from Multnomah
county, brought to recover from Mar
tin the sum of $500 held out by him
as a commission for a real estate deal
which was never consumated. The
court held that Martin could not le-
gally retain the money.
The Judgment of the lower court |.
was sustained in the case of NJ. w. +.
Donohue against the Portland Rail
way Company, also from MuItnomab !,
county. The action was brought for
damages for personal injuries and the
verdict was in his favor.