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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 25, 1908)
MORNING OREGOXIAX. "WEDNESDAY, MARCH 25, 1908. 11 T DISMISSES BRDWNFLL CHARGE McCourt Makes Motion on In struction of Heney and Bonaparte. TWO REASONS FOR ACTION Trosecntor Declares Conviction' for Subornation of Perjury Would Be Impossible and Defendant Had Helped Government. Judjte Wolvrton. in the Federal Court yesterday, dismissed the one re maining indictment against George C. Brownrll. ex-State Senator from Clack amas County, at- the request of United Slates Attorney McCourt, who submit ted trlrgrsmn both from United States Attorney-General BoTiapartc and Francis J. Heney. authorising that disposition of tho case. Bron-nell was Indicted In February, 1905, for subornation of per jury, having. It was alleged, induced two witnesses before the Federal grand Jury to testify falsely concerning cer tain signatures to field notes represented to have been Brownell's. Henry Mel drum, who Is serving three years at Mc Neil's Island for making fraudulent sur veying applications while Surveyor-General of this state, recently confessed that he forged Brownell's signature to all of the papers Brownell was alleged to have signed. The dismissal of the indictment against Brownell yesterday was not a surprise. It had been known generally for some time that Brownell had the positive as purance of Heney that he would never he prosecuted on the subornation of per jury charge. That understanding, it fa said, was further cemented when Brownell testified for the Government In the prosecution of John H. Hall, ex I"nited States Attorney, last January. During the trial Heney substantially an nounced that the indictment against Brownell .would be dismissed, for the double reason that he did not believe Brownell signed the field notes and be cause he did not consider that the Gov ernment had sufficient evidence to con vict Brownell of the charge. Bristol Failed to Act. That Heney did not make good on his promise to Brownell sooner was not Heney's fault. The graft prosecutor and donor of immunity hatha on March 11 telegraphed W. C. Bristol, then United States Attorney, directing the dismissal of the Brownell indictment, but Bristol Ignored the Instructions. Last Thursday Bristol received a. telegram from Bona parte asking if the Brownell Indictment had been dismissed, but Bristol main tained silence and disregarded the in quiry from his superior so far as exe cuting the orders of Heney. On the same day that Bonaparte wireu Bristol, the United States Attorney-General also wired McCourt at Pendleton and asked If Bristol had referred to him Heney's telegram to Bristol. In this telegram McCourt was directed to act promptly If he had not already done so. The result was that as soon as he had assumed full charge of the office, McCourt com plied with the instructions of bis su periors and had the indictment against the Clackamas County man dismissed. In asking for the dismissal of the in dictment. McCourt read the lTeney-Brls-tnl telegram of March 11 and further explained that the same action had been directed by the United States Attorney General. Heney's telegram to Bristol follows: t Telegram From Heney. Attorney-General Bonaparte has author ise. 1 me to dismiss, hoth Indictment (there w as only one pending, the other having been ri'mnliiKed nearly three years ago) for Mh nrnallon of perjury now pending ajptlnat (Irorire C. Brownell If 1 deem It advisable. Pleas make motion 1n my name and by authority of thla telegram In the court in hlch aald indictments are now pending to dismiss ea-ch of them upon the ground that I am satisfied that Oeorae C Brownell did not write the signatures purporting to he his Inmjrveying contracts which were In vestigated before the sand Jury when al leged subornation of perjury was commit ted by Brownell and upon the ground that fur this reason in my opinion conviction would not be poaaibla in the subornation of perjury caeea and upon the further ground that Brownell is equitably entitled to this action on account of evidence which he se cured for the Uovfmmnt in on. caae and testimony which he ha. already given on behalf of the Government in another cafe, and bv other evidence which he haa prom lel to give whenever calted upon to do so in other cases, i Mr. Brownell was elated yesterday when he learned that the indictment had finally been dismissed. After having been active in the politics of the state and the dictator of political affairs In Clackamas County for 12 years. Brownell was retired in June. 1905, being succeeded as State Senator "by a lemocrat. He has always maintained that the handicap of a Federal Indictment hanging over him was the real cause of his defeat. He de clares that his vindication la complete with the dismissal of the indictment. May Drop Other Caes. In the dismissal of the Brownell indict ment, those who have followed the land fraud prosecutions profess to - see the Initial step towards the dismissal of a number of the indictments against other defendants. In the Hall trial several in dicted persons gave testimony for the Government and it was intimated at the time that they, would teventually be re warded with Immunity baths. As long as Bristol retained the office of District Attorney, his relations with Bonaparte and Heney not being the most cordial. Bristol declined either to have anything to do with the "Heney" land-fraud cases or to follow Instructions when those or ders proposed the dismissal of Indict ments or other recommendations of len iency. In asking for the dismissal of the in dictment agitinst Brownell. District' At torney McCourt proceeded only on in structions from Bonaparte ' and Bristol, not of his own volition, and it was prob able further Instructions of the same character will be complied with Just as promptly, for when he assumed the office, Mr. McCourt said he would be governed by instructions from the Attorney-General. NO PACKING HOUSE FOR HIM Voodtock Resident Recalls Stench of South Chicapro. PORTLAND. March 23. tTo the Editor.) Is It possible that the Portland father! are actually so dad asleep, or so Indif ferent. fT(fo Ignorant of the meaning and detriment of a parking-house in a city at to allow uch a thing- to be located here? Utve any of ths city fathers ever amelled t'hicaao's packing town 7 Don't th-y know that the whole South Side of hie go Is ruined for homes by this evil . nch that flits the air. In spite of the f net that lake Michigan is there with ita purifying Influence and Its strong winds to .arry away such? In Portland. It would mean a close. Mining smell all the year round. Don't they know that three mile out on the lake, seamen And their directions by the Chicago stench. No power, no money, no possibility can remove the horrible smell of a packing plant. It is an eyesore to South Cnlcago, and a disgust in the nos trils from year end to year end. In the Summer, it is terrible. I cannot believe that a single man advo cating a packing-house in Portland ever smelled the Packing Town of Chicago. And if he haa and still wants ft. there's some thing (wrong with his appreciation of Port land as a city of homes and roses. Imagine the sweet fragrance of the tea roses com bating this evil smell of flowing blood and slaughter! Portland is the Rose City. Na ture gave her this character, and man. so far. has sought to encourage It. And now comes this horror of a packing plant with Its unspeakable odors, sights and influences, asking the privilege of sitting down amidst our roses I The Impudence of the request should have been rebuked by short refusal. Portland will lose more than she could, gain by ten thousand times the profit, from having such an industry in her limits. Hun dreds of people are disgusted with the idea, and If the packing-house comes, as a property-owner, I should, with them, consider Portland Investments in general, and those within a thee-mlle radius of the packing plant in particular, decreased by half In alue. L.. S. FARMER- PREPARE FOR BIG BANQUET Extensive Arrangements Made for Laymen's Missionary Rally. Arrangements, have "been completed for the banquet and mass meeting to be held next Monday and Tuesday nights, March SO and 31, for the purpose of inaugurat ing the laymen's missionary movement in this city. J. Campbell White, of New York, sec retary of the movement, will arrivs in Portland at the close of the week. Mr. White will deliver addresses at the ban- INDICTED BY JURY Four Are Held for Using Mails Fraudulently. REPORT TO COURT TODAY Wells Case Is Disposed of and Other Urgent Matters Will Be Con- sidered Before Adjourn ment Is Taken. An indictment will be returned by the Federal grand Jury today charging B. H. Wells. J. N. Saylor, Frank Caviness and M. J. Dorsey with using the malls fraudulently. The Jury heard the testi mony against the accused yesterday afternoon and before adjourning; for the day voted the indictment, which will be reported to the court today as soon as the document can be prepared. Of the accused, Wells is a prisoner in the County Jail, the other three being out on J1500 bonds. The quartette is charged with recetv Ing through the 'mails spurious bank- SHEAR-GUARD FENDER IS THE LATEST THING IN LIFE-SAVERS r r ": ir it FRO T VIEW OF SHEAR-GUARD FENDER. The -shear-guard fender is the latest thing In lite-savers for trol ley cars, and is being used in Chicago. It Is a very simple type of I fender that is designed to throw pedestrians off the track bodily I when they are run down by a streetcar. The fender consists of a stout vertical plank, 12 by 2' inches, carried on stout brackets under the front platform of the car, with a piece of rubber hose fastened along the bottom edge. It extends from the Inside front corner of the car at an angle of about 45 de grees to a' point Just outside and forward of the outside wheel of the front truck. ' N On the back of the plank are mounted two brackets carrying swivel-pivoted, castiron wheels, eight Inches in diameter. These wheels are set about on inch below the bottom edge of the 'plank and earrv the fonder when the car oscijlates or when the paving be tween the rails Is higher than normal. The plank Is free to slide ver tically on the brackets by which it is carried and when the carrying wheels come in contact with the ground, the plank rises sufficiently to be always about two inches above the pavement between the rails. It Is said to be practically impossible for even a hand or foot to become Jammed under the fender, which has sufficient weight to keep it always down close to the surface. The effect of a blow from this fender is to shunt an obstruction off the track because of the angle at which the plank Is placed. quet in the Hotel Tortland Monday night and at the maas meeting in the White Temple on Tuesday night. In these ad dresses Mr. White will explain the char acter and . aims of the organisation. The banquet at the Hotel Portland is In charge of a committee composed of B. Thompson. G. F. Johnson and E. X. Wheeler. An effort was made to se cure a banquet-hall which would accom modate 500 persons, but the committee was unable to do so. Arrangements were finally made with the Fortland Hotel, where 325 persons will assemble. The plan to have a 'banquet has been criticised In some quarters, some people believing that it is an extravagance and on account of the cost a discrimination against the poor man. The banquet is being given for the sole purpose of bring intr together a class of men who are in a position to do much for the missionary cause, and also to educate a host of people so that they may more intelli gently take part in the mass meeting to be held the following night at the White Temple. A portion of the proceeds from the sale of tickets for the banquet will be used to defray the expenses of the general mass meeting on Tuesday night. Every Protestant evangelical church in the city was extended the privilege of sending three delegates to this banquet. NEW VICTOR MACHINES Louis XV Victor Vlctrola, All Tarts Concealed. The Victor Talking Machine Company have recently placed upon the market the latest design- of musical instrument, Victor-Victrola XX (Louis XV design). The artistic beauty and great musical possibilities of this Instrument instantly impress every one who hears it. Cabinet of specially selected, richly figured La cuna mahogany. Doors in "V" paneling: perfectly matched. Ornamented with elaborate carving. embellished with antique gold leaf. Metal parts heavily gold-plated, satin finish. Concealed horn; sound amplifier within the cabinet. Tone volume increased or diminished by open ing or closing small doors at top. Albums for 150 records, and drawer for acces sories. One of these instruments is on display in our Morrtson-treet window, and by the way. the first one on the Coast. Don't fall to see and hear it. Sherman, Clay & Co., Sixth and Mor rison streets, opposite Postoffice, Port land, Or. HOTELS-RESTAURANTS Housekeepers all who appreciate sound merchandise it matters not where you shop, should examine our special offerings this week in table linens, sheets, pillow cases, curtains, blankets and quilts. mcallen McDonnell. The store noted for good goods at low est prices. Send Workmen to Corrigidor. MARK ISLAND. Cal., March 24. In formation has been received here that the Government Is preparing to send 1000 workmen to the Philippines the first of the coming month for work on the for tifications on the Island of Corrigidor. at the entrance of Manila Bay. This will make 1500 to be sent within a month. The" fortification of the Island was only recently determined on. and the work will be rushed. The workmen are offered 1150 pr month. If Babr Is Ctrttln Teeth B aura and uaa that old well-tried ramadr. air Wlnaiow'a SouLhtns Syrup, tor chlidraa taathlnar- It aoothca tha child, softena tha turns, allays pain, colic aad diarrhoea. Red Cross shoes at Rosenthal's. notes to the amount J1U0 from a Chicago curio dealer. The bogus currency was passed in different cities on the Pacific Coast, the gang being apprehended and taken into custody in this city, where its members are charged with operating by disposing of the bills to lodging-house keepers. Their plan is said to have been to rent a room and tender either a $5, $10 or $20 bill in payment, receiving the. difference in lawful money. Diarict Attorney McCourt yesterday said that the Jury today would continue the investigation of all matters requir Ing immediate attention. When these have been disposed of, less important affairs will be continued until the Fall term so as to enable Mr. McCourt to familiarize himself with the office and the testimony in ajl cases to be investigated by another grand Jury next October. Mr. McCourt has received no instruc tions from Washington as to the prose cution of the 22 pending Oregon land fraud cases which are scheduled for trial, beginning April 13. It is considered doubtful that these cases will be taken up at that time. Francis J. Heney, spe cial prosecutor for the Government, is said to have been selected to prosecute the case for the Government against Hyde and Benson, which will begin in Washington. April 13. Furthermore, T. B. Neuhausen, Special Inspector to the Interior Department, has been subpenaed as a witness in the Hyde-Benson case. He is now on his way to Portland from Los Angeles and will probably leave In a few days for Washington. Mr. Neuhausen has gathered most of the testimony against the Oregon land-fraud defendants and these cases could not be satisfactorily prosecuted without his presence and as sistance. It would not be surprising If all of these cases should be postponed until the October term. IMPORTANT QUESTIONS RAISED Federal Court Snlt Involres Rights of Government Contractors. Pinker & Scott are plaintiffs in a suit now on trial in the United States Court against the United States Fidelity & Guaranty Company to recover property to the value of $15,000, together with dam ages, that is alleged to have been seized wrongfully by the agents of the defend ant company about 18 months ago. The suit arises out of a contract between Pendergrast & Clarkson with the United States Government for the construction of the Shoshone dam at Cody, Wyo., In connection with a large irrigation proj ect. Pinker & Scott were sub-contractors, having charge of the rock-crushing plant. While the work was in progress the contracting firm became insolvent and the bonding company, which fur nished the bond, sent their agent to Cody and seized, it is alleged, not only the tools and property of the insolvent contractors, but also property belonging to the sub-contractors and of the value of $15.0000. Several interesting and important ques tions are involved in the suit as to the relations of sub-contractors with Gov ernment construction work. Only two witnesses were examined yesterday and it is expected the case will not be con cluded before tomorrow. R. W. Wilbur, F. S. Senn and Frank S. Bennett are tr iattorneos tor the plaintiff con tractors and the defendant company is represented by Judge M. L. Pipes. Beach, Simon & Richardson. ELUDE SAV FRAXCIaCO COURT Chinese Charged With Theft Will Probably Be Deported. Counsel for Chin - You and Leong So. who were being held by the Government for deportation, yesterday stole a march on the San Francisco detectives who have been seeking for several days to get the custody of the prisoners for an alleged felony committed in California. Roger B. Sinnott, attorney for the Chi nese, who had appealed from the de cision of United States Commissioner Sladen. holding the aliens for deporta tion, yesterday moved the dismissal of the appeal, and the Chinese were de livered into the custody of the United States Marshal for deportation. This leaves the California authorities without any recourse, and the probability is that the Chinese will be deported imme diately. Chin Tou and Leong So were arrested In Portland about two weeks ago by tho immigration authorities on a charge of being in this country unlaw fully. They took their case into the courts in an attempt to defeat deporta tion, but when they learned that the state authorities in California had war rants for their arrest, they appealed to the Federal Court for a dismissal of their appeal from the findings of United States Commissioner Sladen and gladly acquiesced in the plan of the immigra tion authorities to have them returned to their native land. Says Reputation Suffered. The suit of H. T. Booth against the Pacific Muutual Life Insurance Com pany for $20,000 damages for malicious prosecution has been transferred from the State Circuit Court to the United States Court. Booth was arrested in the Summer of 1007 at the instance of the officers of the insurance company, by which he was employed as agent, on a charge of embezzling $979 of its funds. The corporation failed to prove its case and Booth was discharged. He now wants compensation for the Injury he contends has resulted to his reputation. DANMOORE OPEN APRIL 1 Formal Opening of Xew Hotel Will Be Few Days Later. Furniture, fixtures and decorations are being delivered at the Danmoore, the hotel Dan J. Moore is to open to the public on April 1 at Fourteenth and Washington streets. The build ing has been thoroughly modernized, and while Mr. Moore will be ready to accommodate guests on the date named, he will defer the formal open ing of his hotel until a few days later, in order to have everything; in the best possible Bhape for the comfort and convenience: of his patrons. The office of the hotel is now open to those who may desire to engage accommoda tions. Olympia Malt Extract, good for grand ma or baby. Only 15-100 of 1 per cent alcohol. Phones: Main 671. A 8467. PHONOGRAPH USE IT A Month Free This Is How You Do It TOU PAY FOR THE RECORDS, THEN AFTER TAKING AN Ed is on Phonograph TO YOUR HOME AND EN JOYING IT FOR ONE MONTH FREE YOU BEGIN TO PAY FOR IT ' ON Easy Monthly Payments GET IN THE HABIT OF AT TENDING OUR TUESDAY EVENING RECITALS. NEW SELECTIONS EVERY MONTH. PARLORS OPEN EVERY EVENING UNTIL 9 P. M. SATURDAYS TO 11 P. M. .Woodard, Clarke & Co. COMPLETE LINE EDISON v PHONOGRAPHS AND RECORDS 14 Different Makes of Pianos, aad the Great "APOLLO" Player. Piano. Plays 23 PJOtea More Than Any Other t PLAYER PIANO - Hovenden-Soule Piano Co. Cor. Morrison and West Park East Side Headquarters EDISON Phonographs AND RECORDS E-Z PAYMENTS fr-y-.T...rnsrW.-- A-a'- 'iVi A FTER all, what is it that we want in the way j. of entertainment We go to the theatre to hear songs and dialogues; to the dance hall for music and motion; to the concert hall or grarid opera to hear good singing, when we can get them all, at far less expense and trouble, in our own homes with the Edison Phonograph. See and hear the new Edison model with the big horn at the nearest Edison store, or send for a complete catalogue describing it. April Records Out Today "OW is your supply of Records .? Isn't it about time you had some new ones: 1 he new Records contain some old music, because some music never grows old, but. they also contain some of the new hits you have never heard before. Keep in touch with popular music It may not be the best music, but it is always good and it always entertains. Hear these Records at your dealer's at once. . . Bm G. Harlan 9754 MarahaTuiqu. Ptrl 9793 Them Kmc riri LOra Yoo . 9796 Under AT Old m All . J. m (a Bonn hit from Tb Talk of Nw Yort") Bf3r Morray 9797 Hornpipe Medlar (Violin) Charles D-AlroaaBa 9798 RambUnc Rom Harry Aathoor 9799 When Yon Steal a Kta or Two fonejorth. good things from " The Girt Behind the Counter") Ada Jonas and Billy Murray 9800 When th World Dont Treat Tou Right. Come Home. or Roberts 9am Spanctoa Intermezao . . Btfson fly midiuuy Orcbeatra 9802 When We Listened to the Chimin o tha Old Chart Ball. Marmel Roma in 9803 Way Bar (a lively robe dnot . . . Collrna and Harlan 9804 TbeRjomany Lass Gypsy leo tela) . Prank C. Stanaar Go to yonr dealer or write to us today and get these three booklets: Complst Catalogue, Supplemental Cat alogtj and the Phonogram. They tell about all the Records, old and new. 9WS Can of the Wild Marrfa . . -. . . Bdiaon MfBtary Band 9806 I'm Lookinr for the Man That Wrote " The aiorry Widow Walts" Edward Jt. Paw 9SW The Vagabonds. Spenoor and Girard 9X08 See-Saw (by the composer of "School Days") Ada Jones 91109 Sweetheart Maroh (Xylophone) ..... Albert Beszler 9810 Flanagan's Mother-m-Law (Monologue) . Store Porter 9811 Lord, I'm Cominc Home (sacred selection) Anthony Harrison 912 I dot to Seed. Minstrel Show Arthur Collins 9813 Christ Aroae (an Raster selection) . Bdlson Concert Bend 9K14 The Message of the Eyes ' ABen Waterons 9815 SI and Sis. the M-ostcal Spoons. Ada Junes and Len Spencer 9816 Nancy Lee . Edison Male Quartette 9817 Rain-te-tbe-Paca Medley. . . Bdiaon Mlfitary Band BUSINESS MEN. write for oar booklet. " From Bmm to Type." which tells how the Kdteon Business Phonograph saves year time and eueigy and increases yocr working capacity. WE DESIRE GOOD. UVE DEALERS to sell Edison Phonographs in every town where we are not now well represented. Dealers should write atones to Nati6nal Phonograph Company, 75 Lakeside Avenue, Orange, N.J. 9 THE TALKING MACHINE HEADQUARTERS OF . THE NORTHWEST EASY PAYMENTS 4tMfM4 wrf pianoreHdbilit . EASY PAYMENTS 353 Washington Street FINEST TALKING MACHINE PARLORS ON THE COAST HEADQUARTERS for TALKING MACHINES AND SHEET MUSIC 328 Washington Street Graves & Co. 328 Washington Street The Largest Stock ot Talking Machines and Records in the City Records of the numerous public libraries In New York City show that in the last nve years there has been a remarkable Increase In Interest In sociology, political economy and kindred subjects. The reading and con sulting of books relating to such matters has mors than doubled 1b the last 1& rears. The City of Baston has adopted a munici pal flag, said to be- a copy of the frag which waved over that town during the Revolu tionary War. 'The flag has 13 red and whtts stripes In the upper corner, and the remain der of the flag is blue with a circle of eight white stars in the center. Three Chinese navy officers are now afloat In British cruisers to improve their pro-i fessional training, and it in stated that the! number will shortly be increased. Japane.j Chinese. Siamese and other foreign officers have from time to tme been received oa British ships for the same, purpose.