Daily capital journal. (Salem, Oregon) 1903-1919, 1915-09-21
NOT A CONVICT IF
. ON PAROLE-RUL|NG
OF SUPREME COURT
Law Prohibits Sale Of Liquor
Only to COnvicts Inside
Walls Of Pen
JUDGE KELLY REVERSED
IN CASE OF JOE PERRY
Conviction for Bigamy Of Man
Who Married Salem Girl
IsAGrmed

As soon as prisoner is released from
the Oregon State penitentiary on parole
he ceases to be convict according to
the ruling of the supreme court this
morning in an opinion handed down In
the case of the State of Oregon against
Joe Perry, a resident of Salem. This
case appealed from the decision OF
Judge Percy r. Kelly, Of the circuit
court of this county by the defendant
and Justice EalSin in his opinion re.
versed the ruling Of Judge Kelly. JUS
tice Moore and Justice Harris concurred
in the opinion Of Justice Eakin and
Justice Bean dissented.
Perry was indicted by the grand jury
in this county and convicted OF furnish
inc liquor to convict, namely, David
Snyder, who was then out on parole ana
in business in this city. The defendans
Offered to prove at the trial that he dld
not know that Snyder was convict but
this testimony was refused and an ex-
ception taken. Justice Ealtin in his
opinion upheld the ruling Of the lower
court that lack of knowledge is no de-
fense. District Attorney Ringo, for the
stnte, contended that the act prohibit
ing the giving Of Intoxicating liquor to
convict applied to every convict in
the state whether In the pen or out on
parole. This title Of the act says Gin =
the pen and the supreme court up held
the contention of Attorney Roy +.
Shields, for the defendant and appel.
liant, that nowhere is the subject en-.
largcd upon neither can the title be
enlarged to cover convicts not actually
confined within the walls of the pen.
With this contention Justice Eakin
closed his opinion reversing the decision
Of Judge Kelly In the circuit court and
holding that the statute applies only
to convicts "in" the penitentiary.
The decision Of Judge IT, T, Harris, OF
the circuit court Of Lane county, was
upheld in the ease Of the state against
John A. Locke, the Oregon Electric con
duetor who was convicted of bigamy
when IL was shown in the circuit court
that he married one Nellie Gilmore, IN
Salem, and lived with her In Eugene,
while he had u wife living in Portland.
Locke was convicted in the circuit
court Of Lane county by the jury and
appealed because Judge Harris denied
the motion for n directed verdict of
acquittal. The defendants attorney
took exception to the ruling and APP
pealed to the supreme court and the
affirming opinion was written by Jus
tice Benson with Eakin and Chief JUS
tice Moore c0ncurring
, IL was brought out at the trial that
, John A. Locke was married to Jesse a
Locke in 1897 and lived with her as
his wife and that she was not divorced
at the time he married Nellie Gilmore
March 25, 1914. The defendant main
tanned that he secured decree OF di
vorce from Jessie A. Locke in Clacka
mas county but this decree was sci
aside when it appeared that Mrs. Locke
No. | had not been notified Of the suit
! and given chance 10 answer the com
plant, although she was residing in the
Of the county court, county school super
:, intendent and the cmnty clerk and thai
the boundrles can only be changed by
referendum vote Of the people Of th'
= district.
In his opinion Justice Burnett he'll
= that II the district is municipal COT
poration as II claims, It's charter mus
be the general laws Of the state Thi
same charter then would establish III
y county district boundary board and at
I, thorize this body TO shape the distriC
~ y. as IL saw fit As TO the claims O
=" gerrymandering, the supreme coul
did not consider this as applying TO Nh
- - Interpretation Of the law ! nthe cas-
~ The district complained that the boun'
p p ary board took part Of It's territory an
:, applied IL TO other districts but whe
y the case came up In the circuit court n
~ boundary board demurred TO the cor
=, ~ plant and the Judge sustained the 4
~ ~ murrer and the suit was dismissed.
a The war Of the chinese tongs hetwe'
Il, the Bow Leong tong and the Hop Sir
30 tong in Portland came up for reyie
y this morning when Justice Harris wro
an opinion reversing the lower cou
90 which convicted Louie Hing Of ma
20 slaughter and remandod the ease for :
q trial. Louie Hing was convicted of h
m ing one Lum Fong during the tong W
no in Portland. Mcbride and Moore co
~, cured.
az A physician or medical company
called, has no right TO advertise
remedies to cure private diseases
las eording 20 an opinion handed down
,st Iuatiee Bonaon affirming the ruling