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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 27, 1907)
THE MORNING OREGONIAN, WEDNESDAY, FEBRUARY 2T, 1907. 7 KELLIHER LIKELY NOW TO GO FREE Supreme Court Decides That Convicted Man Shall Be Given a New Trial. VICTORY FOR THE DEFENSE State Has Played Its Strongest Hand and Court Now Decides There Is No Evidence to Corrobo rate Turner's Testimony. W. T. Plater and W. R. King were today confirmed by the Sup -erne Court a Supreme Court Commissioners and were sworn in. They sat upon the bench today in the trial of the cae of White vs. Joyce, from Lane County. Mr. Slater waa Riven a seat at the the rljrht of the Supreme Judges, and Mr. Kin at the left. They will it at the hearing of all cases, and will prepare opinions In cases assigned to them. They will also participate In conferences, but the decision, when handed down will be the decisions of the Supreme Judges. A. T. Kelliher secured a reversal of the case in which he was found Kullty of participating in the forgeries to which H. H. Turner confessed. 8ALBM, Or., Feb. 26. (Special.) A. T. Kelliher won a decisive victory In the Supreme Court today and will probably not be compelled to serve the two-year term in prison as adjudged by the Cir cuit Court. While the case is sent back for new trial it is generally understood that the prosecution made as strong a case as it could in the first Instance and a new trial Is not likely to result In a conviction under this decision of .the Supreme Court. The most important fea ture of the decision is that there was no evidence to corroborate that of Tur ner, who was the principal In the crime. Kelliher was jointly indicted with H. H. Turner upon a charge of forcing the name. "G. I. Rice" to an assignment of a certificate of sale for state land. This name was fictitious. Turner confessed the crime and tried to implicate Kelliher by testifying; that Kelliher said. "Sign them yourself." while they were discussing one of the applications. The prosecution also contended that Kelliher was the bene ficiary of the crime and that this was one of many acts in pursuance of n common design to defraud the state. The Supreme Court holds that the re mark, "Sign them yourself." might rea sonably he hold to refer to cases in which the applicant had made his mark and could not write. The opinion further says that while there may have been corrobo rating evidence that the appellant was a party to a common design to defraud the Mate by procuring persons to make affi davits to purchase land for the benefit of the appellant (Kelliherl. this Is not the crime with which ho is charged and does not tend to connect him with the forgery. "Where the common desisn of the ap pellant and Turner was to procure per sons to sign applications to purchase school land for appellant's benefit, and this is the only common design disclosed, receiving the benefits of such acts by the appellant with knowledge or their character does not tend to show that appellant was accepting the benefits of applications made In the names of fictiti ous persons with knowledge of the fact, or to Bhow a common design to commit forgeries." Justice Moore, having been for a num ber of years a personal friend of Kelli her. took no part in the decision of this case. Haines Mercantile Company, respond ent, vs. M. H. Knapp. appellant, from Haker County, Samuel White, Judge; affirmed; opinion by Chief Justice Bean. Nicholas O. Groesneek et al., respond ents, vs. John W. Groesbeck. appellant, from Union County, Eobert Eakin, Judge; affirmed; opinion by Chief Justice Bean. K. W. Haines, respondent, vs. J. W. Connell. Sheriff, and J. F. Schoch, ap pellants, from Washington County. T. A. McBrlde. Judge: petition for rehearing denied; opinion by Chief Justice Bean. Rehearing was denied in the case of A. P. Sprague vs. A. C. Sihotte, and motion to recall mandate was overruled in the case of I,. F. Gulllaume vs. K. S D. Fruit Land Company. Motion to strike out objections to cost bill was overruled in the case of E. W. Haines -vs. J. V. Connell ct al. BRINGS IX t'HAHGE OF Ml'RDEll Astoria tirand Jury lteturns True Bill Against CapUiin Forest. ASTORIA, Or.. Feb. 26. (Special.) The Circuit Court grand jury returned an In dictment this afternoon against Captain C. M. Forest, formerly master of the schooner Annie I.arsen, charged with the murder on December 13 of Gysbertus Vis ser. known as George Fisher, a member of the schooner's crew. The grand Jury also returned an indict ment against l. J. Ford on the charge of forgery. He is accused of passing a bogus check for $18. Both the Indicted men will be arraigned before the court tomorrow. A not true bill was returned by the grand Jury In the case against Frank Holbrook. a boy who was accused of assaulting his stepfather. J. D. Johnson, with a dangerous weapon. 1 Expend .Million on Terminals. BBM.JNGHAM. Wash.. Feb. 26. San Francisco capitalists today reached an agreement with the Bellingham Bay & British Columbia Railway, whereby the latter company will spend $1,000,000 with in six months In improving Its terminal facilities in this city, to enable It to han dle the output of the Northwestern Port land Cement Company's plant at Kendall. Twelve miles of trackage on the water front and a new ocean dock are in cluded in the contract. Harrison Allen Has llesijsrnrd. ASTORIA, Or.. Feb. .-(Special.) Har rison Allen, of Portland, was In the city today and confirmed the report that he had filed with Governor Chamberlain his resignation as Prosecuting Attorney for the Fifth Judicial District, to take effect March 1. He said the resignation was. submitted without reservation and he has no knowledge of who his successor will be. Conflict Over Indian Lands. VICTORIA. B. C. Feb. 36. A serious conflict has arisen between the Dominion and British Columbian governments with regard to the Port Simpson Indian re serve on Difby Island, which the Indiana re willing to sell to the Grand Trunk Pacific Railway and the Dominion gov ernment is willing to grant to the com pany for a terminus. The British Colum bia government has submitted a claim to Ottawa claiming absolute Jurisdiction over Indian reserves In British Columbia. HIM AX SKELETON' IS FOUND Mystery or Skull Creek, Idaho, Is Partially Unraveled. LEWISTON. Idaho, Feb. 26. (Spe cial.) By the finding of a skeleton minus the skull on the banks of Skull Creek, named after the incident, the mystery has been partial ly solved. The skull was discovered several years ago and no one could ever tell where it came from. The re mainder of the skeleton has just been found by Neil Willis and Charles Smith, while en route to Lewiston. The feet were still encased in boots that were almost rotted away, and en circling the ribs was a cartridge belt. Near the skeleton was a revolver and an ax, the wooden handle of which was rotten. On bushes below the skeleton were bits of a man's clothes, washed there by high water during the progress of disintegration. The last flood of the creek which could have carried the bits of cloth as high up as they were found was In 1894, showing that the man was killed at least 13 years ago. The supposition is, from the position in which the body waa found, that the man climbed up the hillside under a rock to get out of the storm; that rocks slid down, pinning him in a crevice where he starved to death. Who the man was is not known. FIRST TRAIN THIS MONTH BETWEEN" WALLA WALLA AND PENDLETOX. Only Temporary Tracks Rebuilt, and Should Heavy Kalns Come Again Itoud Would Suffer. WALLA WALLA, Wash., Feb. 26. (Spe cial.) For the first time since January 29 trains will be operating tomorrow on the O. R. & N. directly between this city and Pendleton, and the regular Spokane Pendleton trains will be running oin schedule time. The regular time card will be put into effect tomorrow and trains will be running in all directions for the first time during the past month. The damage to roadbeds has not been repaired, but the track has been cribbed up and traffic communications are possl. ble. Owing to the soft condition of the soil, which has been thoroughly soaked with water, permanent repairs cannot be maae. ana anotner Heavy rain would put the railroads out of business In this sec tion of the country. Trains are running over the W. & C. R. to Dayton and Pas co, but the Oregon branch is still out of commission and officials do not expect to have it open until the last of the week. She Gets Divorce and Alimony. PENDLETON. Or.. Feb. 25. (Special.) W. D. Burford, local manager of the telephone company, lost out in the sen sational divorce suit which was tried last week. Late yesterday afternoon Judge H. J. Bean awarded Mrs. Burford the decree of divorce and directed Mr. Bur ford to pay her the sum of J15 a month as long as she lives and remains single, which according to life tables will amount to mo-e than the $2000 alimony she asked for. ' Burford filed the suit for divorce last April and Mrs. Burford replied by filing a cross bill and yesterday's decision gives her every contention that she made. Woman Cause of the Trouble. SKSASIDE. Or.. Feb. 26. (Special.) Louis Marcello. an Italian, familiarly known as "Gearheart Louis." had an ex amination before Justice Young today on a charge of repeated threats to kill An. tone Scapeti. another Italian, with whom he had been chums for 35 years until within the last three months. The origin of the trouble seems to be a woman. Af ter hearing all the evidence. Justice Young put Marcello under a bond to keep the peace, especially toward Antone Scapeti. for a period of one year. Seaside Mills Will Resume. SEASIDE. Or.. Feb. 26. (Special.) The plants of the Seaside Lumber Company, which have been idle for over three months, are to begin active operation to morrow. The company has Installed new machinery and the output is to be much greater than heretofore. During the time the mills have been shut down shipments of doors and windows have almost emptied the warehouses and the run dur ing the coming year is to be a steady one. MORE BOXES OF GOLD A ad Many Greenbacks. 325 boxes of Gold and Greenbacks will be sent to persons who write the most interesting and truthful letters of ex perience on the following topics. 1. How have you been affected by coffee drinking and by changing from coffee to Postum. 2. Give name and account of one or more coffee drinkers who have been hurt by it and have been induced to quit and use Postum. 3. Do you know any one who has been driven away from Postum because it came to the table weak and character less at the first trial? 4. Did you set such a person right re garding the easy way to make it clear, black, and with a snappy, rich taste? 5. Have you ever found a better way to make It than to use four heaping tea spoonfuls to the pint of water, let stand on stove until real boiling begins, and beginning at that time when actual boil ing starts, boil full 15 minutes more to extract the flavor and food value. (A piece of butter the size of a pea will prevent boiling over.) This contest Is confined to those who have used Postum prior to the date of this advertisement. Be honest and truthful, don't write poetry or fanciful letters, just plain, truthful statements. Contest will close June 1. 1907, and no letters received after that date will be admitted. Examinations of letters will be made by three Judges, not members of the Postum Cereal Co., Ltd. Their de cisions will be fair and final, and a neat little box containing a $10 gold piece sent to each, of the five writers of the most interesting letters: a box containing a to gold piece to each of the 20 next best, a $2 greenback to each of the 100 next best, and a $1 breenback to each of the 200 next best, making cash prizes distributed to o2T persons. . Every friend of Postum Is urged to write and each letter will be held in high esteem by the company, as an evidence of such friendship, while the little boxes of gold and envelopes of money will reach many modest writers whose plain and sensible letters contain the facts de sired, although the sender may have but small faith In winning at the time of writing. i Talk this subject over with your friends and see how many among you can win prizes. It Is a good, honest competition and in the best kind of a cause, and costs the competitors absolutely nothing. Address your letter to the Postum Cereal Co.. Ltd.. Battle Creek. Mich.. writing your own name and address clearly. VETO AX IS SHARP Governor Chamberlain Is Put ting in Full Time. JOHNSON ROAD BILL SLAIN Expense Would Be Too Great; Peo ple Are Already Taxed Enough , Wlth No New Source of Reve nueOther Bills Are Killed. SALEM, Or., Feb. 26. (Special.) The most important veto the Governor has filed since the Legislature ad journed was placed on record this af ternoon. It puts an end to Senator Johnson's road bill, which provided for state, county and local co-operation in permanent road improvement. It carried an appropriation of $200,00), but Governor Chamberlain expressed the opinion that it would cost the state $400,000 for the year 1908-9. He disapproved it for four reasons: That the county and state officers are given no initiative In the matter; it would very likely result in an accu mulation of money in the treasury; the local debt certificates are non taxable; and this Legislature made many large appropriations without bringing any new subjects under tax ation. Senator Beach's voting-machine bill was vetoed by the Governor this morning be cause it "smacks of an effort to legis late in the interest of one or more estab lishments' making machines costing less than J500. The Governor thinks that if any discretion Is given in selecting ma chines, the selecting board should have discretion as to price, for a better ma chine might be secured at a little higher price. "Skidoo" was the word the Governor said this morning to House bill 23, by Jackson, to regulate fishing on the Cmpqua. The- same act had been in corporated in House bill 25. which has become a law, hence the veto. Governor Chamberlain took a whack at the fee system today .by vetoing Senate bill 181, by Johnson, requiring Inspection of concentrated stock foods and the is suance of licenses for the sale of the same. Senator Kay's bill permitting the garnishment of wages of public employes was vetoed by the Governor today. The Governor says such a law has been held unconstitutional and that it is also con trary to sound public policy. If business men extendi credit to public employes who are not trustworthy, public officers should not be harassed and annoyed be cause of such carelessness. Beals' House bill 293, for the appoint ment of a state cheese, dairy and cream ery inspector met executive disapproval this morning, because the duties should be performed ny the Oregon Dairy and Food Commissioner. Senate bill 77, by Hodson, to author ize reclamation companies operating under the Carey act to sell surplus water, was vetoed by the Governor today, because some of the companies have not now enough water and there are no means pro vided for ascertaining whether any of them have a surplus. He deems the act dangerous to the interests of the settlers and of the state. Chapin's House bill 245. requiring part nerships under an assumed name to file in the County Clerk's -office a list of mem bers of the firm, was vetoed by the Gov ernor today because he thought that if people do not want to deal with a firm without snowing the names of the part ners, they can inquire and find out who the partners are. All bibs passed by the recent session of the Legislature creating new district agricultural societies or Increasing ap propriations for the different fairs, will be vetoed by the Governor. Several such bills have already fallen under his dis approval. Those already vetoed are Sen ate bill 62, by Smith, of Umatilla; Senate bill 166, by Johnson; Senate bill 198, by McDonald, and House bill 260. by Belknap. All district fairs will run In the future as In the past. In his veto message the Governor says that "horseracing is usually made the prominent feature of -many of the fairs held under the auspices of these societies, and I question very much if the good done by them In the way of displaying the resources of field, farm and range Justifies their further extension or con stantly Increasing appropriations asked for their support." TACOMA CAN NOW PLAY BALL Court Grants Northwest League the Right to Lincoln Park Grounds. TACOMA. Wash., Feb. 26. (Special.) Tacoma baseball fans can have their baseball grounds on the South Tacoma line near Lincoln Park If they want to, says Judge Miller In the Superior Court, and before whom the arguments on the application of S. T. Keller for an order to restrain the baseball man agers from proceeding with the prepara tion of the park was made. Judge Miller Held that it would be impossible to restrain the managers because the location of the grounds in the vicinity of the plaintiff's property had impaired Its value, as that had not been shown. He also held that as the matter of Sunday baseball being a nuisance had not yet been proven, he could not restrain on that ground. George M. Shreeder, the manager of the local team, was the recipient of many congratulations this morning on the decision of the court, as the ques tion of whether Tacoma was to have baseball this year depended on this de cision. WANT SQUARE DEAL OX CARS Bllingham Shippers to Lay Case Be fore Interstate Commission. BELLINGHAM, Wash.. Feb. 26. Following the refusal of President Elliott, of the Northern Pacific, to raise the em bargo on forest products, pursuant to a resolution passed last night, the North west Shingle Manufacturers' Association issued a signed statement today, declar ing for "a square deal on cars," and claiming that Northwest Washington was being discriminated against, while lumber shipments were accepted from points on Upper Puget Sound. In thiB statement a plan is outlined' for checking every car coming into this part of the state, where unloaded, where loaded and what disposition is made of it. In this manner, the statement continues. It Is expected that proof of discrimina tion will be seceured, when the matter will be laid before the Interstate Com merce Commission. Probably the owner of the largest numbr of dogs in the world Is a Runion cattle king, m-ho h 3.V000 flhepherd log to look after 1.500.000 aheeD. - is. - ROSENTHAL'S CHOICE The Opinion of the Great Artist on Musical Instruments. The opinion of such a master of the piano as Moriz Rosenthal, who is com ing to the Heiiig theater on March 12, should carry a great deal of weight In all things of musical interest. With this in mind it is very interesting to note that Rosenthal considers the Weber piano superior to all other makes and uses it exclusively on his tour. " From a musical and artistic point of view the Weber piano Is un equaled. The Weber piano of today re ceives the homage of the musical world and the patronage of the public, not on past laurels, but on the unequivo cal platform that it is absolutely the best piano made. Come in and see our stock of these magnificent instruments. Kllers Piano House, Sole Agents for the Weber. 3.53 Washington street. HILL PROMISES RELIEF WILL RAISE EMBARGO OX LUM BER SHIPMENTS EAST. Replies to Bellinghum Chamber of Commerce He Hopes to Supply Cars Within Two Weeks. BELLIXGHAM. Wash., Feb. 26.-Sec-retary of the Chamber of Commerce re ceived a dispatch this afternoon from James J. Hill, promising that the em bargo on forest products from North western Washington would be raised within two weeks. At present 90 per cent of the mills in this district are closed, and several thousand men are out of em ployment, owing to the inability of the railways to handle shipments to the Kast. "Evelyn Nesbit Shy and Unsophisticated," Says Amelia Rose MISS AMELIA ROSE, a celebrated Xew York model, Is at present in Portland appearing in one of the minor roles in the Augustin Daly Musical Com pany at the Hellig. This dark-eyed coryphee, whose pictures are widely ad vertised, is a contemporary of Evelyn Nesbit Thaw, having posed for many of the same artists Sarony, Haskell, Coffin, Henry Moslcr and Eickmeyer. The latter knight of the brush is responsible for Mrs. Thaw's well-known "Beauty and the Beast" portrait. "Evelyn Nesbit," naively remarked Miss Rose., "was a dainty, quiet-mannered girl and impressed us all as being shy and un sophisticated. She made an ideal model, with her perfect features and expressive brown eyes, and was highly esteemed by her employers." Miss Rose adhered to the fact that Evelyn Thaw's eyes were of the melting sepia tone, which is contrary . to the "Iri-'h blue type." which she is gen erally accredited to possess. It was obvious that Miss Rose enter tained strong antipathy for Stanford White, and she declared that this aver sion was common among the chorus girls and models of Gotham. "While posing for a New York sculp- ? ' I , - i- iiiiiiiiiiiiii t . - i 1 1 K??pwy:jw:.::35'rr:www T " t " -'' t " i i "I - H gmto"- t r ' t I j :: ly . s3d :: r 1 1 j ;; r. -. & A y Miss Amelia Rose f BROWN-FORMAN CO. DISTILLERS Louisville, Ky. Old Forester Whisky High in Quality and Price Tucker Whisky Best Value on the Coast Beech Fork Straight Goods EMIL WALDMAN, Representative Care of Archer, Schanz Co., Portland Distributers J. M CRAIG, Pacific Coaat Manager Sfte "NEW PROCESS" GAS RANGES Cooking by gas is far and away ahead of any other method, and the gas range is unquestionably the greatest of all modern kitchen conveniences. The "New Process" Gas Ranges embrace in their con struction distinctive features that combine for the most satisfactory results in cooking, baking and broiling, and for economy of fuel. This remark able efficiency and economy is secured by reason of the scientifically correct construction of burn ers, by which the proper mechanical mixture of gas and air is obtained, thereby producing the greatest amount of heat for the gas used. Thus it is that in using a "New Process "Range your cook- CROCKERY AND GLASSWARE BASEMENT DEPT. tor who was employed by White. I was Impressed with the fact that he avoided Introducing me to White, though he was a frequent visitor at the studio." Below the average height, it was some what of a disillusionment that Miss Rose had won such a reputation among artists, but nevertheless she reproduces well on canvas, having large eyes, a rosebud mouth and a wealth of belligerent rich brown hair. She was the subject chosen to pose as grief for the monument erected In honor of President McKinley In Cleve land, O., and again in the monument erected in honor of Governor Goebel. Miss Rose posed for the posters sent broadcast by the company distributing Murad and Egyptian. Deity cigarettes, showing a brilliantly colored Turkish girl In barbarous Jewels and Oriental draperies. Harrison Fisher's "Minne haha," which appears as a frontispleoe on the latest edition of Ixingfellow's 'Hiawatha" was also a study of the young model. NANCY LEE. HATCHET IS NOT BURIED Juvenile Conrt Deputy Yet to Be Agreed Vpon. No understanding as to who shall re ceive appointment as Deputy District At torney for the Juvenile Court has been reached by Circuit Judge Frazer and District Attorney Manning. While both Ernest Brand and Robert V. Galloway are being spoken of for the place, neither is making a campaign for the position. Corncernlng the animated discussion of the subject between Judge Frazer and Mr. Manning several days ago, Judge Frazer said yesterday that he meant no reflection on Mr. Brand, who was sug gested by the District Attorney for the place. He says he did not know Mr. Brand personally or by reputation at the time, but has since become convinced that any reflection on him or upon his ability as an attorney and prosecutor would have been an injustice. Cliarges Theft of Keys. Constable Lou Wagner went to St. Mfflfflllfll Few tobaccos suit all tastes. The one that can, most justly, lay claim to that distinction being an exquisite blend of choice flavors, is the famous LUCKY STRIKE Sliced Plug Plpa Tobacco Cured by a secret process it does not bite the tongue Burns well, gives a long, cool, tweet smoke, without waste. Pocket size, tin box, 1 0c WT IrSSTRIKErJj M 1 ing and baking are done at less expense and in a quicker and more satisfactory manner than by other methods. The many sizes and styles of this complete line will meet all demands for such a cooking apparatus. The liberal payment terms of $1.00 Down $1.00 Per Week Cover all styles and sizes. ICOMPLETE-H0U5E-FURni5HER5f Johns last night and took V. J. Shepard son Into custody on a charge of stealing the keys to the St. Johns Brass & Iron Foundry. Robert Gray, the proprietor of the foundry, is the complainant and swore out the warrant before Justice of the Peace Reid yesterday afternoon. Gray charges that Shepardson, who had been in his employ, walked off with the keys to the plant and thereby prevented the owner from gaining entrance. Shepard son had been discharged and out of spite carried- off the only set of keys belonging to Grey. Hamilton Must Go to Prison. WASHINGTON, Feb. 26. The Presi dent approved the court-martial sen tence of First Lieutenant John S. Ham Through arrangements with Eilers Piano House The Oregonian is enabled to offer all old or new subscribers to this newspaper a $25.00 VIOLIN . Bow, strings, rosin and case included, or a ; S25.00 PHOINOGRAPM And six records, with a year's subscription to The Daily and Sunday Oregonian, all for $25.65, on very liberal installments. FOK.M OF I hereby Subscribe for The twelve months, for which I will pay on demand To cents a month, and I am to receive a $25 Violin with case complete, or a J25 Phonograph and six standard ten-Inch records (my selection), all for 116.63. I agree to pay $1.65 on delivery of the machine and six records and 60 cents a week on the machine until all pay ments have been paid In full. In case of failure to comply with the terms of this contract, I agree to return said machine upon demand without legal process. Signed EILERS PIANO HOUSE PARK AND WASiHITOX private: ex. 23 WE WISH TO CALL THE ATTENTION OF THE PUBLIC To the fact that we have been Specialists for more than 25 years. We are still the leading specialists in Portland and the Northwest. Our once. You want the best treatment you can get therefore consult a reliable specialist now. Our re liability is unquestioned and our services the best you can get any where. Consult us at once no matter what your ailment is. Re member we cure all acute and chronic special diseases. If You Cannot Call, Write For Symptom Blanks HOURS 8 to 5, 7 to 8:30, daily; Sundays, 9 to 12. Consultation free. ST. LOUIS MEDICAL AND SURGICAL CORNER SECOND AND YAMHILL STREETS, PORTLAND, OREGON SHOWING OF THE 1907 GO-CART PATTERNS ilton, Twelfth Infantry, convicted of embezzlement, desertion and disobedi ence, to 18 months' imprisonment In Fort Leavenworth Penitentiary. The ceylon pearl fishing season last! three or four weeks, but 2:'.0on,0ii0 oysters are brought to the surface in that time. For fifty years a staple remedy of superior merit. Absolutely harmless. CONTRACT Dailv nn.l Sim.lav nr(trnnlan fnr THE OREGONIAN MAIN 7070 KOOH 200 4ArtE YOUH J 3 WW TtRMS J low fee makes our serv ices within the reach of everyone, as lowas $10 in most cases. Our fee may be paid when cured, if you are responsible. If you need treatment see us at DISPENSARY