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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 13, 1907)
4 THE MORNING OREGONIAN, SATURDAY, APRIL 13, 1907. JURY DISAGREES ON THAW'S GUILT rmtinued from First Page.) ballot was taken and then the votes re mained unchanged. A third ballot was taken at 0:45 P. M. on Wednesday, with still no change In the opin ions of the Jurors. Thereafter there was considerable discussion among; the men. but most of the night hours were spent in sleep and no ballot was taken until 4:30 o'clock the following (Thursday) afternoon. This was several hours after the Jury had ap pealed to the court for a re-reading, of tha testimony given by every eye witness of the tragedy. The fourth ballot marked one change in the vote. Four of the Jurors 'still held ouv for an acquittal, but of the rest Bernard Gerstman. the twelfth Juror, changed his vote from murder In the first degree to man slaughter In the first degree. About two hours later a fifth ballot was taken and this showed a decided change on the part of Jurors w'ho voted for conviction. It also proved that the effort of the four Jurors who voted for an acquittal had not been altogether In vain, for they succeeded in winning over to their side Dennee, who up to that time had voted for conviction. The rest of the Jurors, with the exception of (leorge Pfaff. who had voted for murder in the first degree, decided that Thaw was only guilty of manslaughter in the first degree. The sixth ballot was taken at 9:25 o'clock Thursday night and remained unchanged. Two Ballots Last Day. After that there was no ballot until 12:10 o'clock this afternoon, when all of the Jurors showed that they were of the same mind as before, excepting Brearley. who in voting for manslaughter In the first degree, added that th defendant should be recommended to the mercy of the court. The eighth and last ballot was taken at 3:45 o'clock this afternoon and showed a most remarkable change in the entire Jury. The five men who had voted for an absolute acquittal changed their ballots to a verdict of not guilty on the ground of insanity, in the hope of winning over their colleagues, but the remainder of the Jury, all of whom, with the exception of (Jeorge Pfaff, had voted for a verdict of manslaughter, made up. their minds that Thaw was guilty of murder In the first degree and voted ac cordingly. This practically ended the de liberations of the Jury and the Jurors, ar riving at the conclusion that they could never agree, asked to be discharged. Only One Did Xot Change. It will be noticed that the only man who voted consistently according to his first opinion was George Pfaff. Juror No. 2. who from the very first ballot adhered to his belief that Harry Thaw was guilty of mur der In the first degree. Equally consistent in their belief to the contrary were rink. Harnoy. Fraser and Steele, who from the very outset decided that In their opinion Thaw was not guilty. These four men. how ever, slightly changed their belief on the last ballot, when. In the hope of winning over their companions, they conceded to ac quit the defendant on the ground of in sanity. The sessions of the Jury were not alto gether pleasant and peaceful. There were many arguments and at one time charges of inconsistency and breaking faith with the orders of the court were made, but at no point of the deliberations did the foreman lose control of the situation. He success fully held the twelve men In check and was the first to suggest, when it was evident that there waa no possibility of a verdict being reached, to report the matter to Justice Fitzgerald and leave the further disposition of the case to his judgment. Insanity Was Main Question. Wilbur F. Steele. Juror No. 0, said": Thero waa plenty of disagreement be tween tho opinions expressed by the Jurors. We considered insanity in many phases, but did not give the subject of wronged woman hood any lenuthy debate, in fact scarcely nny. it was touched upon and qulckiy dropped. The question which was consid ered at unusual length was whether Thaw was Insane at the moment he shot and killed Stanford White and whether at that mo ment he waa responsible for his actions. Joseph B. Bolton said: There was no question of the unwritten law or of dementia Americana In our de liberations. We considered tho case from a purely legal standpoint. We were not swayed by emotion. George H. Fecke said: The Jury, when considering the cose, took no stock in "brain storm." We did not pay an undue amount of attention to the testi mony of the alienists, either, it was after Mr. Dennee had read some of Thaw's letters that he decided there was a reasonable doubt as to Thaw's sanity. Dennee then Joined the four men who stood for acquittal on the grounds of insanity. Gleason Criticises Delnias. Mr. O'Reilly, of Thaw's counsel, tonight MM: I confess that I am disappointed. I really expected an acquittal. Perhaps now. In view of the verdict, Mr. Delmas made a mistake In using tho term "dementia Ameri cana.'.' But he made an honest effort, and it might have been a mistake of Judgment. Mr. Gleason said: The disagreement of the Jury' w'as dis appointing, of course. It was unfortunate, the introduction ot the "unwritten law" characterized as "dementia Americana." It. Instead of this, counsel had dwelt upon the statutory innanlty of Thaw. wnicn was plainly proven, Thaw might have been ac quitted. Mrs. "William Thaw, mother of tho prisoner, sent out the following mes gage In response to requests for a statement tonight: "Mrs. Thaw has nothing to say. She lias made no statement since she has been In New York, neither will she make any." Kvelyn Tliaw Cnn't Believe It Mrs. Evelyn Nesbit Thaw said: "I can't understand it. I don't see why they could not have come to some kind of an agreement." A reporter said to Mrs. Thaw: "The jury stood seven to five for convic tion." "I don't believe it." she cried em phatically. "They ought to have ac quitted him on the evidence." When the disagreement of the jury was announced in court, Thaw turned even paler than he has been for the past severul days and, when he was re manded back to the city prison at the suggestion of Mr. Jerome, he hung his head. Up to the very last Thaw had hoped the 12 men would finally agree upon a verdict of not guilty. Final Scene in Court. It was 4:20 o'clock when Justice Fitzgerald sent court messengers to summon Mr. Jerome and counsel for the defendant. Three minutes later 1 ordered the Jury to apepar before him in the courtroom. The jury filed in at 4:25 P. M. There was some delay In waiting for Mr. Jerome, who had left the building. Thaw was hrought before the Jury at 4:29 P. M. He entered smiling and con fident as ever. Soon his wife appeared, and, after smiling a greeting to him, he was making her way to her accus tomed place, when Thaw caught her by the sieve and beckoned her Into the unoccupied chair beside him. He put his right arm around her waist. As soon as Mr.' Jerome arrived. Justice Fltsgerald took his place on the bench and Clark Penny began to call the roll of the Jury. When this was over, he aid to Thaw: "The defendant will rise." Then for the first time those In the courtroom knew that the eud. of the tSe - iiib yai ax hnnft. Mr. Penny next said: "The Jury will rise." Then he went on: "Defendant, look upon the jurors; jurors, look upon the defendant. Gentle men of the Jury, have you agreed upon a verdict?" "We have not," quickly responded the foreman, Demlng B. Smith, In a voice that was audible in every part of the courtroom. Little Mrs. Thaw reached up and grasped her husband's hand. Thaw sat down limply beside her. She whis pered comforting words in his ear and told him she believed from what counsel had said that there was a good chance of his being liberated on ball. Jury Discharged, Thaw to Jail. Justice Fitzgerald, turning to the jurors, said: Gentlemen of the jury, I have deemed it my duty to keep you here as long as there was a possibility of your reaching a ver dict. I have arrived at the conclusion that it will be impossible for you to do so. I have consulted with counsel for the de fendant and the learned District Attorney and I am going to discharge you from fur ther consideration of the cose, the public prosecutor and counsel for the defendant consenting to such discharge. Justice Fitzgerald called on Mr. Jerome and Daniel O'Reilly and Clifford Hart rfdge, of Thaw's counsel, to arise and formally enter their consent. Then Mr. Jeronfe spoke: "I will ask," he said, "that the defend ant be remanded in custody as before." "The defendant will be, so remanded," ordered Judge Fitzgerald, and Thaw arose and made his way out of the courtroom. Mr. Jerome said there were reasons which made It necessary that the January term of the court, in which the trial of Harry Thaw was begun, should not yet be adjourned sine die. He asked that such an adjournment should be taken aa would comport with the convenience of the court. Justice Fitzgerald then ordered an adjournment at 4:34 P. M. until Mon day, April 29. Mr. Jerome later said the adjournment until April 29 had nothing to do with the Thaw case. Must Await His Turn. The District Attorney also stated that he considered it would be his duty to put Thaw on trial again. "There are 34 homicide cases in my of fice," he said, "and 14 or 15 murderers in the Tombs, and they must all have their day In court. The Thaw case must take its turn." Asked tonight If Mr. Hartridge, Mr. Gleason, Mr. Peabody and himself had retired from the Thaw case, leaving only Daniel O'Reilly as counsel, Mr. Delmas said: "As to that, I have not withdrawn from tho case and have no reason to believe that either Messrs. Hartridge, Gleason or Peabody have." As to the disagreement of the jury he said: "1 know no more about the disagree ment of the jury than the general pub lic knows, and it is too early to discuss plans for the future." Concerning Mr. Gleason's criticism of his "Dementia Americana," remarks, Mr. Delmas would say only: "I have no wish to comment on these remarks." Mr. Jerome said today that the long est period of confinement he had ever known a Jury to endure in this Jurisdic tion was 48 hours. The Court of Ap peals approved the course of the court In that Instance, because there was no attempt to coerce the jury. HISTORY OF THE THAW TRIAL Chronological Record of Most Fa mous Modern Murder Case. April 5, 1906 Harry Kendall Thaw and Fiorence Evelyn Nesbit married. June 25; 1906 Thaw shoots and kills Stanford White at Madison Square roof garden. June 2S--Thaw indicted for murder in the first degree. June 29 Thaw pleads not guilty. July 14 Prisoner's mother. Mrs. William Thaw, arrives from England and an nounces she favors an Insanity plea. August 3 Clifford W. Hartridge. en gaged by Thaw as attorney, announces that Mrs. William Thaw consents to a plea for Justification for her son's defense, reaching her decision after hearing Eve lyn Thaw's story, and further that Evelyn will take the stand and reveal a motive for the shooting under the "unwritten law." August 22 Alienists report that Thaw was insane when the shooting occurred, but that he Is sane now. January 23, 1907 Trial begins with ex amination of talesmen. January 25 Seven jurors chosen. January 28 First panel exhausted and new one of 100 talesmen summoned. Eight Jurors selected. January 29 Two Jurors dismissed and two secured, leaving nine in the box. De fense announces unwritten law will not be part of plea. January 30 Two more Jurors chosen, leaving but one seat vacant. Thaw family denies alleged dissension. January 31 Two jurors dropped and two chosen; 11 in box. Total number tales men summoned for Jury. February 1 Twelfth Juror secured. February 2 Court not in session. Thaw wants to take stand In his own defense. Brother of Evelyn Thaw publicly de nounces her. February 3 Trial commences. Garvin opens briefly for state and Gleason for defense. Defense enters Insanity plea. Gleason mismanages and Delmas takes reins. February 5 Jerome grills defense's in sanity expert on stand and wins point for state. February 6 Delmas matched with Je rome and outwits District Attorney. Wit ness says White threatened to kill Thaw in 1903. February T Evelyn Thaw called to stand and bares past life. Breaks down on stand. Husband also in tears. Story reveals how White lured Evelyn and caused her downfall. February 8 Evelyn again on stand and Thaw's letters are read to prove his In sanity caused by her refusal to marry him and White's persecution of the girl. Delmas gets best of Jerome In wordy battle. February 9 Much evidence presented showing White lured and ruined many innocent girls in Madison Square roof tower. Jerome puts detectives at work hunting down past of Evelyn. February 31 Pittsburg banker testifies to authenticity of Thaw's will. Evelyn resumes testimony. February 12 Dr. Evans, insanity expert, testifies having visited Thaw eight times In prison and says Thaw Is insane, bat is now better mentally. Jerome and Del mas again have several sharp tilts. February 13 Sickness of wife of Juror Bolton forces delay of trial until late in afternoon, when Dr. Evans resumes stand. February 14 Wife of Juror Bolton dies and court adjourns until Monday, letting all Jurors go home. Rumored action may result in mistrial. February 15 Jerome issues official state ment saying Thaw should be examined by lunacy commission. Says Thaw should be put In asylum. February 16 Defense will fight step for lunacy commission. February 17 Thaw's lawyers have bit ter clash and protest against Delmas" leadership, but by Interference of prison er's mother he remains in charge February IS Trial resumed. Jerome per mits Thaw's will as evidence after clash with Delmas. February 19 Evelyn, on stand, when questioned by Delmas, says White begged on kneea to prevent publication of orgies held In his den. Testified Thaw offered HOC. 000 for Evelyn's hand. February 30 Jerome commences grilling cross-examination of Evelyn, who proves his match. Jerome delves into every se cret of her past. February 21 Jerome puts Evelyn through terrible ordeal, forcing her to re veal innermost secrets in ennnertinn witb. White and Thaw. Cries when admitting follies. Thaw in agony during testimony. Delmas says Jerome planned to indict Evelyn in tragedy. February 23 Jerome still planning fight to send Thaw to madhouse. Mrs. W. K. Thaw denies promising Evelyn $30.000 for baring past on stand. Evelyn in collapse. February 25 Evelyn on stand all day. Tells of trip with Thaw in Europe. February 26 After quizzing Evelyn all day, Jerome finishes cross-examination. Delmas resumes redirect examination. Jerome threatens to take will from evi dence. February 27 Jerome cross-examines Dr. Evans and trial simmers down to techni cal terms on insanity. February 28 Evans admits Thaw was in sane night of shooting and avoids answer ing Jerome on his present condition. March 1 Evans, under Jerome's sharp questioning, says Thaw is sane and in sane by turns and may be insane now. Hurts defense cause March 2 No session of court today. Howard Nesbit makes public statement defending and lauding White. March 3 Thaw family and counsel fear Thaw will be sent to asylum and prepare to fight to last ditch. March 4 Wordy duel between Jerome and Evans results in latter admitting Thaw is now insane. March 5 Wagner, defense alienist, on stand. Jerome flayed for defying Judge Fitzgerald. Delmas says Jerome's Insults must stop. Most dramatic scene yet wit nessed during trial March 6 Mother of Thaw takes stand and weeps when telling of son's past. Jerome forces her to bare inmost family secrets. March 7 Defense rests case, confident of acquittal. Makes mother love and her sacrifice strongest plea. Disconcerts Jer ome. March 9 Jerome lines up nine Insanity experts against Thaw. March 10 Grandmother and two aunts of Evelyn repudiate and publicly denounce Mrs. Holman. March 11 Jerome on first day of state's rebuttal hits wall because of rules of evidence around Evelyn's story told husband in Paris. Says Thaw whipped Evelyn while abroad. March 12 Brother-in-law of White deals blow to defense, saying he heard Thaw threaten to kill White just prior to crime. March 13 Jerome denounces Thaw and wife, saying Thaw beat her while stripped for refusing to sign papers in criminating White. March 14 Flint, state insanity ex pert, declares Thaw sane and knew na ture of act when he killed White. Hummel says Evelyn's mirrored bed room story entire fabrication. Delmas seeks to exclude Hummel's testimony. March 15 Hummel says Evelyn swore to truth of affidavit that Thaw beat her. Notorious lawyer dragged through humiliating details of own disgrace by defense. March 18 Jerome closes state's case with dramatic finish. Evelyn's affi davit against Thaw given to the Jury after Delmas withdraws objection. March 19. Defense claims Evelyn's name put to affidavit by forgery. Je rome continues to examine Insanity ex perts, Delmas preventing him from closing case. March 20 Jerome springs surprise in impassioned speech by asking for lunacy commission to examine Thaw, saying everyone believed defendant in sane. Judge Fitzgerald adjourns court to consider evidence whether trial should proceed or lunacy commis sion be appointed. March 21. Jerome presents eight af fidavits showing Thaw insane. Neither jury or Thaw present. March 22 Defense files many affi davits showing Thaw sane. Private letters of Thaw's included In papers to prove bis sanity. March 23 Thaw's mother files affi davit defending family's record a.d declares Jerome's grounds for saying son insane not well founded. Delmas says prisoner's suggestions were valu able in conduct of trial. March 25 Open rupture threatened In Thaw counsel because of Mrs. W. Thaw's affidavit, made against Del mas' order. March 26 Fitzgerald orders commis sion to decide Thaw's state of mind. Decision announced privately In judge's chambers. Commission consists of Morgan J. O'Brien, Peter Olney and Dr. Leopold Putzel. March 27 Jury excused for time be ing. Morgan J. O'Brien resigns from commission. Fitzgerald appoints David McCIure in his place. Thaw requests private hearing, fearing public gaze. March 2S Thaw under examination two hours by lunacy commission, conducted behind closed doors. Prisoner does not flinch. March 29 Liirraey commission decides to hear Dr. Hamilton, alienist, testify. March 30 Thaw under fire of question ing by lunacy commission for three hours. v nen cross-examined by Jerome, check mates him. Thaw jubilant. Jerome pre vents commission giving its decision by petitioning court to be permitted to intro duce testimony of experts. April 2 Lunacy commission holds all day session, at which battle' of alienists is fought over again. Delmas on stand says Thaw's suggestions aided him in conduct of trial. April 3 Lunacy commission finishes ex amination of Thaw and congratulates him on his successful stand. April 4 Thaw declared sane by lunacy commission in report to Judge Fitzgerald. Jerome says he will appeal from decision of Fitzgerald that trial continue imme diately. Women relatives of Thaw near hysterics when decision is announced. April 5 Jerome, upon investigation, finds it useless to appeal and decides to let case continue without further delay. April 6 Jerome says he has no more wit nesses and trial enters upon Its twelfth week. April 7 Thaw passes quiet Sunday In Tombs and declares freedom now only few days off. Talks of plans of future and contemplates trip to Europe. April 8 Jerome objects In court to de cision of Fitzgerald in continuing trial, but is overruled. Jerome then rests case. Defense shortly afterwards rests case. Delmas commences his argument before Jury during afternoon. April 9 Delmas finishes argument for defense. April 10 Jerome makes closing argu ment for prosecution. Judge instructs Jury, which retires at 5:17 P. M. April 11 Jury asks further Instructions and has much evidence read again; re tires at 3:29 P. M. April 12 Jury reports disagreement at 4:25 P. M.. having been out 47 hours, 8 minutes. Stands seven for conviction of murder in first degree, five for acquittal. JOSEPH SMITH MEMORIAL Plans for Monument in Honor of Mormon Church Leader. LAMONI, la., April 12. At the Lat ter Day Saints' conference today a committee, consisting of President Jo seph Smith, Bishop E. L. Kelly, Pa triarch A. H. Smith, missionary in charge of the Nauvoo district, and George P. Lambert, bishop for that district, was appointed to carry out the purposes for which the Joseph Smith memorial fund was raised. The bones of Joseph and Hiram Smith, who were killed at Carthage, 111., in ISO, lie side by side in a spot unkown ex cept by a few persons. President Smith said it would not be objectionable to him or the family If the church cared to erect a memorial, whether it be over their resting-place or elsewhere. KIM' I! FOB SCENIC PHOTOS. Lobby Imperial Hotel. Radway's Ready Relief Instantly relieves colds, sore throat, bronchitis and all UUUua- AMAPALA GIVES UP Last Refuge of Bonilla Yields to Nicaragua. FLIES TO AMERICA'S ARMS Defeated President of Honduras Is Fugitive on Board Cruiser Chi cago -American Commander Arranges Town's Surrender. MANAGUA, Nicaragua, April 12 (2 P. M.) The Honduran forces, which have been besieged In Amalpa by the Nica raguans, capitulated unconditionally this morning to the enemy. President Bonilla has taken refuge on board the American cruiser Chicago and he "will not be per mitted to disembark on Central American soil. The capitulation was arranged by Com mander Robert M. Doyle, Captain of the Chicago. The Salvadorlan forces which were at Amalpa are returning to La Union. Peace is now believed to be assured. CONFER ON PKKMAXENT PEACE Root and Creel Trying to Draw Cen tral America Together. WASHINGTON, April 12. That all of the Central American republics are look ing to the present state of warfare be tween Nicaragua and Honduras to result in an agreement for permanent peace in Central America, was developed today by a general discussion at the State De partment. With that end in view the negotiations looking to a cessation of hostilities will not go so far as to taka up the subject of permanent peace, but will leave this broad question to a con ference to be held in Washington or the City of Mexico, and it Is expected all of the countries immediately interested may take part. The United States and Mexico, accord ing to the embryonic plans, will occupy the important positions of umpires. The conflict between two of the Central American republics which is now drawing to a close has made it apparent to all that the present unsettled conditions there are hampering the development o the countries. The various republics not Involved in the war kept free with the greatest difficulty, and commercial af fairs in all of them were affected. With the United States and Mexico urging the placing of the Republics on a firm basis so that they might dwell amicably to gether and enjoy an Interchange of busi ness, there is every Indication that a permanent agreement may be reached. The plan has not gone far enough for the suggestion of a date for such a con ference, but it Is assumed that it will not interfere with the conference at The Hngne. although the two would not be in conflict in any way. Ambassador Creel is said to be father of the idea, but It has the hearty approval of State Depart ment officials. In order that there might be a full attendance of representative delegates from all of the Central American re publics, Mexico City, it Is believed here, stands the better chance of securing the conference. The keen interest taken by the diplomatic representatives here of all Central American republics, and the dependence they place In Secretary of State Root and the Mexican Ambassador Is believed by officials here to insure the success of such a gathering as that proposed. CONFIRMS FAMi OF AMAPALA Dispatch From American Consul Says Bonilla Has Surrendered. WASHINGTON, April 12.--The end of hostilities in Central America is recorded In the following cablegram, received at the State Department from American Consul Ollvares, dated at Managua, the Nicaraguan capital, today: "Amapala has been surrendered by Bonilla, and the war is ended." NEW ORLEANS, April 12. According to a cable message received by the officials of the Freight Despatch Company here, President Manuel Bonilla, of Honduras, has surrendered to the Nicaraguan forces. The message came from Managua. Nica ragua, and was signed by President Jose Zelayas. No details were given other than that Bonilla surrendered yesterday. Other advices received here yesterday, however, were to the effect that Bonilla had been "bottled up" in the Port of Ama pala ever since he made his sensational flight from Choleutca. GAINS GROUND IN THE SOUTH BonlUa's Army Again Advances and Captures Several Towns. SAN SALVADOR, Republic of Salvador, April 12. The town of corqulri. Honduras, was captured by President Bonilla's forces yesterday. General Carcamo, command ing the attacking force. Is advancing Into the Interior of Honduras. Bonilla's forces occupy many other towns in Honduras. The revolutionary forces of Honduras Destroys Hair Germs Falling hair is caused by germs at the Toots of the hair. Dan druff is caused by germs on the scalp. Auers Hair Viqor J NEW IMPROVED FORMULA J quickly destroys all these germs, keeps the scalp clean and healthy, stops falling hair. The New Kind Does not change the color of the hair J. C AYER CO., Manufacturing Chemists, Lowell, Maas. I GLUjBRY Whenyou pay 3 for a M9KIBBIN HAT do you saveAQ are disbanding. Many families have reached this city fleeing from the out rages of the Invading army. WILL TEST 2-CENT RATE Union Pacific to Be Prosecuted lor Violation of New Law. LINCOLN, Neb.. April 12. Attorney General Thompson today recommended to County Attorney Roach of North Platte, Lincoln County, that he begin prosecution of the Union Pacific Rail road Company for violation of the 2-cent passenger fare law. County At torney Roach complained to the Attorney-General that the Union Pacific con tinues to charge at the rate of 3 cents per mile for tickets between North Platte and Sydney, notwithstanding both cities are in Nebraska. The Union Pacific Justifies the 3-cent rate because a faw miles of its line east of Sidney goes outside of this state in Colorado, making traffic interstate and therefore beyond the control of state laws. The suit may be made a test of the legality of the new law. TENNER ASKS FOR RECEIVER Attacks Great Northern Deal Re garding Ore Land. ST. PAUL. April 12. A bill of com plaint In which a receivership is asked for the Great Northern Railway by C. H. Venner was filed in the County Court today. The complainant asks that the agreements between the Great Northern Railway and the Lake Superior Company, Limited, and between the Lake Superior Company and its trustees be annulled and set aside; that all the property of the Lake Superior Company be trans ferred to the Great Northern Company or its receiver; that the Lake Superior Com pany make a full accounting to the Great Northern; that the Great Northern re ceive judgment for any balance that may be due it as disclosed by the accounting; that the Great Northern and the other defendant be enjoined from making any further purchases for the Lake Superior Company; that the Great Northern Com pany at once dispose of all the securi ties and other properties now held by the Lake Superior Company; that a receiver be appointed for the Great Northern. The burden of the complaint is that the Great Northern, informing the Lake Superior Company, attempts to evade the purposes of Its charter by giving that company control of securities and pro perties owned by the Great Northern which under the law It has no right to own, particularly mining and timber lands. Argues for Railroads' Liability. WASHINGTON, April 12. Attorney General Bonaparte made an argument to day before the Supreme Court In the Em ployers' Liability cases, and his address closed the hearing. The Attorney-General made an appeal for a liberal construction of the statute and declared that the rail roads should not be permitted to be a law unto themselves. He contended that the United States Government has a right to regulate the instrumentalities of com merce under the general constitutional power to regulate commerce itself, and he argued that this power could properly be so extended as to provide for the protec tion of men employed on interstate rail roads, notwithstanding their employment should not take them outside of any given state. Trains Resume Regular Schedule. SAN FRANCISCO. April 12. Th'e South em Pacific announced today that, com' menclng tomorrow, all Ogden route and Shasta route trains will follow their nor mal routes. Rubber Companies Combine. PROVIDENCE. R. I., Jan. 1A An nouncement was made here today of the merger of the United States Rubber Com pany and the Rubber Goods Manufactur ing Company. It is understood that the stock of the Rubber Goods Manufacturing Company will soon be liquidated anil pay Saturday On Sale from 5:30 65c Regrular Value $1.25 8-quart Tea Kettle, 39c Regular Value 70c 6-q.uart Berlin Kettle, Tetlep's INDIA AND CEYLON Has been established in permanent popularity by its quality. Advertis ing may introduce, but it takes quality to establish. Tetley's Tea has the quality. WADHAMS & CO. Distributing Agents Portland, Oregon ment of dividends on the common stock discontinued. The United States Rubber Company and the Rubber Goods Manufacturing Com pany have not been competitors in the trade. CASHIER WAS SHORT $6000 Montana Banker Arrested In Seattle as a Common Laborer. SEATTLE, April 13. Elijah Smith, defaulting cashier of the Bank of Malta, of Helena, Mont., was arrested here tonight by Pinkerton detectives. Smith is charged with being short $6000 in his accounts, and is held as a fugitive from Justice. He disap peared from Helena last September, and since then has been shadowed by detectives. He came directly to Seat tle, and worked here as a laborer. Smith is 30 years old and unmarried. Jump From Burning Building. CLEVELAND, April 12. Men. women and children jumped from third-story win dows to escape death in a Are in a tene ment building In Columbus Road early to day. Nine families were asleep upon the three floors of the building when the flames broke out. Finding escape cut off through the lower halls, a panic among the occu pants of the upper floors followed, and many leaped from the windows. Several received injuries more or less serious. RELIABLE CONSULTATION AND EXAMINATION FREE OUR FEE IN MOST CASES licensed to Prac tice Medicine In Oregon. OUR FEE NEED NOT BE PAID UNLESS CURED Nervous diseases and nervous prostration made a Hpectalty. We cure with the same success all Chronic Disease of Men, nuch aa Kidney and Bladder Trouble. Rupture, Ulcers and Skin DUeaaes, Ec Kcma. 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Some physician, try to imitate our method, of advertising; and treat ment, but In the pa.t we have proven the fact to our patron, that our treatment I. .uperlor in every way to our Imitator.. OL'R treatment .tands on lis own merit., and oar .ucoe. and reputation have bera built upon thl. foundation. Furthermore, we wl.h to tate THAT WE AC CEPT OSLT SICH CASES AS ARE CURABLE, Write if you cannot call. HOURS: 8 to 5, 7 to 8:30 dally; Sundays, 9 to 12. ST. LOUIS MEDICAL AND SURGICAL CORNER SECOND AND YAMHILL Specials P. M. to 9 P. M. 65c Regular Value $1.25 Royal Enamelware. 39c Regular Value 70c Royal Enamelware. Firemen succeeded In rescuing a number of tenants with ladders. So far as known no fatalities resulted. The property loss Is small. Canned Salmon Cause of Death. DENVER. April 12. John A. Kebler, general manager of the coal operating de partment of the Colorado Fuel & Iron Company, died suddenly this morning at 3:30 o'clock, at Trinidad, of ptomaine pois oning. While visiting the company's mines at Autraro, a week ago, Mr. Kebler was taken violently sick from eating canned salmon. He rallied, however. Mr. Kebler was about 45 years of age and was ap pointed a year ago. Mr. Keblcr's death makes the sixth that has occurred in the last two weeks among tho Colorado Fuel & Iron Company offi- Strlkers Quiet in Paris. PARIS, April 12. There is not much change in the strike situation. Troopa still occupy the Town Hall, and there are cavalry patrols in the vicinity of the Labor Exchange, but the strikers are quiet. Official statistics show that 680 bak ers ceased work, but that their places were taken by men out of work. Ten newspapermen were assaulted and ejected from meetings of strikers today. Itching, irritable, chafing, chapped kln healed healthy by satin SKin in-i". SPECIALISTS $10 We are specialists for men and men only, true specialists. We do not treat all diseases, nor do we treat both sexes, but we do cure all curable diseases of men. We have devoted the best years of our lives to this purpose and have accumulated expert knowledge and skill in the diagnosis and cure of men's diseases, that can only be obtained through constant study, hospital training and years of experience. DISPENSARY STREETS, PORTLAND, OREGON.