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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 11, 1910)
TOE 3IORXIN6 OREGOXIAX, FRIDAY, FEBRUARY 11, 1910. 9 HERMANNGQUNSFI IN FINAL FIGHT Both Attorneys for Defense Tell Jury Heney's Case Is Not Conclusive. ' TRIAL MAY END TODAY Defendant's Main Argumtt Is That ex-Commissioner Harped on Lieu Iiand Law Loopholes Mel dmra's Testimony Assailed. TO ITS CLOSE. Tho Hermann case will reach the Jury late tonight or Saturday- morn ing. Judge Wolverton has an nounced that It will require one and a half hours to jead hia Instructions, and between the attorneys and the court It has been agreed that the Instructions may be given at the close of the argument tonight If the Jury 00 elects. Attorney Worthington will finish the argument for the defense at noon, and thla afternoon Attorney Heney will conclude his argument. Attorney Gearin yesterday morning held the Hermann Jury spellbound In an appeal for the aged defendant's ac quittal. In the afternoon Attorney "Worthington began his argument. He contended that the Government had failed to fasten fraud on Hermann, and recalled actions of his client to prove that Hermann had committed no wrong. Attorney Worthington dwelt on the letter of recommendation in the Blue Mountain case as ordered by Hermann, and the instructions of Hermann that Secretary Hitchcock should be apprised of the existence of 24,000 acres of'school lands which were the property of Sor eneon, Maya and Jones, alleged fellow conspirators in the indictment. In answering the argument that Her mann posed for the public to view him as a Senatorial candidate, and at the same time allowed Government lands to be stolen behind his back, the attor ney brought out that In July, 1901, Hermann wrote a letter to the Secre tary of the Interior advising that no further reserves be created until the lieu-land law should be amended. A similar recommendation was made, said the attorney, when Hermann recom mended the Blue Mountain withdrawal. Gearln Cites "The Test." At the close of his argument in be nalf of Hermann, Attorney Gearln cited "The Test," a drama, which was pro duced here recently, to show the possi bility of ruining the life of a man whose apparent crime was really an at tempt to aid society. Attorney Gearln did not attempt to analyze the evidence of the different witnesses closely, but recalled the most prominent points of difference to prove the impossibility of Hermann having been connected with the Blue Mountain conspirators, and lo show that Hermann was actually the . only man of the Administration at Washington who was sounding a note of warning from year to year in telling Congress the necessity of amending the lieu land law. In opening his address. Attorney Gearln complimented Attorney Heney, and assured him that In leaving Port land Mr. Heney would have the warm friendship of counsel for the defense, a well as its admiration for his fairness. Kvldence IeemeI looking. Attorney Gearln told the jury that the Government is asking at its hands a verdict which will consign Hermann to infamy and brand him as unfit to associate with decent people. He urged the necessity of being satisfied of guilt beyond a reasonable doubt. "For five years the people of Oregon have been asking. What has this man done? and now we ask. Why is he here?' said Mr. Gearln. "He is charged with an infamous crime, but no man worthy of belief has come forward with a particle of evidence to substantiate the straight accusation." The speaker reviewed the land laws of the United States at length, the historical grants to Oregon and the private concerns, which,, he said, have been manipulated in behalf of corpora tions. "True, the lands had all been etolen," ald Attorney Gearln, "but Heney couldn't help that. It followed that the public demanded a sacrifice, and the higher the victim stood on the pinna cle of fame the louder came the cry of 2000 years ago. 'Crucify him!' i "When it was announced that Binger Hermann had been indicted, men won dered who would be the next, and it would not have been safe for the high est In the land to have gone to trial on that February morning that the news was given to the world. But Hermann is here now, when the heat of passion has died away, challenging any man to place a finger upon any act of his career which is dishonorable. Hermann Is responsible for those fool letters to Brownell and for having an ambition to go to the Senate, but he had nothing to do with the bogus applications to buy the school lands, and that is the basis of the indict ment in this trial, a charge of prosti tuting his office in defrauding the Gov ernment by conspiring with others. Motd rum Thought FaUe. "The first thing Heney ever heard of the Blue Mountain reserve was whn ex-Senator McBride and vex-enator Simon wrote letters in 1900. declaring that they had been informed that a reserve was to be created, up there, and that they were in formed by resi dents of that part of the state that it would not be a good thing. There was no charge of fraud or intimation of it. Coming down to 1901, we find Hermann here in Portland and calling at the office of Meldrum. I don't think that Meldrum told the truth about that con versation, and I say that without In tending to add anything to the burden of shame carried by any man. Meldrum has testified twice against Hermann. At Washington he said that Mays and Hermann talked about the Blue Moun tain reserve before five or six persons then present. Here at this trial Mel drum said that Mays and Hermann -waited until all the other persons had left the office. "Meldrum also testified that he sent for Mrs. Silversteln at the request of Hermann and asked her to buy school lands in the Blue Mountains. That woman has been on the stand here and denied that Meldrum had ever said a word to her about that subject. You heard the woman and you heard Mel drum. Which one of them was telling the truth?" In further attacking the evidence of Meldrum. Attorney .Gearln asserted that Meldrum had never said anything about Hermann until he had been vis ited by Ietective Burns at a time when other Indictments were pending and Meldrum was under conviction. Burns, declared Attorney Gearin. told Meldrum that he had better "come through" with what he knew. Meldrum was taken to Washington under those conditions, and while there his conviction was affirmed by the Court of Appeals. It was nat ural that .Meldrum should want to evade that imprisonment, said the at torney. Manly Resolution Forgot. "Then we "come to "McNeils Island." argued Attorney Gearln. "and we find Meldrum with Miller and his partner, to whom he said that he had not been given the immunity promised and that If he testified at this trial he could clear Hermann, but the light of a manly resolution went out and Meldrum failed to do it. For these reasons I think that the testimony of Meldrum was false. 4IBut suppose Meldrum did tell the truth, what was there in the conversa tion at His office in 1901 to connect Hermann with a conspiracy? Heney and his witness, Uangille, sent here by Secretary Hitchcock to investigate the Blue Mountain reserve, said that it was a proper place for a reserve. But they say Hermann ought to have known it was a conspiracy and that a peculiar brand of villainy was, being launched. Why, Jones and the committee from Baker City did not know It when they came here to protest. Handsome, deb onair land-fraud impresario McKJnley did not know it, and if there was any thing in the line of fraud which Mc Kinley knew not of, it had the dew of the morning of Its birth upon It. "Sorenson knew the game, and had smelled it out, as the blrg dog scents the covey of birds in the fields, and he took it to Smith." Letter Testimony Assailed. The attorney then dissected the evi dence of Valk as to the Citizen" let ter, showing that at the Washington trial he had testified that the Commis sioner had the letter on his desk when Valk was called. At the present hear ing the witness testified that Valk carried the letter to the Commissioner. It was argued that Valk would not have taken the letter to Hermann, as it contained reference to the men in the employ of Benson. Valk was one of the men referred to. It was pointed out that the petitions were received through Senator Mitchell and the Sec retary and that Hermann passed them on to Ormsby for report in the usual manner. From that time, said Gearin, Hermann did only the things which he should have done in acocrdance with the duties of his office. Speaking of the argument advanced by Attorney Heney that Hermann was to be rewarded with the Sen a tors hip for his part in the conspiracy, Mr. Gear in said: ' "I hope you will not return a verdict of guilty on that account. I have had some ideas in that line myself, and I always considered them to be hon orable." In closing. Attorney Gearin alluded to tributes to Hermann's honesty, given by prominent men of Oregon, and the attempt of Heney to disparage the testimony of the editor of The Orego nran. Attorney Gearin argued that the criticisms of Hermann's political meth ods, as made by Mr. Scott, were tributes to his personal honesty, for the reason that it had never been assailed. "Honor and character," said Attorney Gearln, "are something that- all of us can have. We may not acquire wealth. The working girls of the great cities carry their dinner baskets in the morn ing and return with their rags wrapped about them at night, rather than sur render honor and reputation to the al lurements of vice and ease. It is the thing which men and women die for. Attorney Worthington Begins. Attorney Worthington, chief counsel for Hermann followed. He opened with the announcement that since the re turn of the indictment in February, 1905, the Government had abandoned the claim that Hermann was Identified with the purchase of 24,000 to 30,000 acres in the Cascade reserve, secured by Sorensen. He contended that it was incumbent on the prosecution to show that Mays, Jones and Sorenson had first entered into a conspiracy to buy the school lands and defraud the state thereby, and that Hermann was a party to it. v Attorney Worthington asserted that it was conceded, from the date the forest reserve law was passed in 1891, down through the administration of President Roosevelt, that the Straw berry anj fame Mountain ranges were proper places for the establishment of forest reserves, and that the only question was as to its boundaries. He contended that in all probability the creation of a reserve in that district was under consideration by the Geo logical Survey in 1900, when Senators McBride and Simon protested. He then explained at length the operation of the different bureaus making up the General Land Office and the manner In which each took p its business and sent it to the Commissioner. Follow ing this the speaker outlined the man ner of receiving and registering mall. Meldrum's Testimony Attacked. Attorney Worthington argued that when ex-Surveyor - General Meldrum took the witness stand in this case there were still tv.-o indictments pend ing against him and his testimony that he had no fear of them became unten able under the light of testimony of other witnesses. Explaining the telegram to Mays of July 25, in which Hermann told Mays that 15 patents had been sent to the Roseburg Land Office and that the Blue Mountain withdrawal had been ap proved, the attorney said no explana tion had been offered in the evidence, but it was probably because there was a rule prohibiting cleTks sending out information, and that in some way it was known that Mays had an interest in the case. The attorney reasoned that if Hermann had sent the message in carrying out an agreement he would not have had it made a matter of rec ord. Hermann Keports Cited. Attorney Worthington closed by re counting the opposition which Hermann had shown year after year to the lieu land law, and made a special feature of the attitude of the Commissioner to ward the Blue Mountain reserve. When MeVean brought the letter of recom mendation to the Commissioner In July, 190 2. MeVean testified, Hermann in structed him to add a paragraph sug gesting to the Secretary that the proc lamation of the President should incor porate, a clause making the lieu land law apply to lands of equal value orly. Attorney Heney announced that he would today attack that position, on the ground that such a clause would have been inoperative as the values would have to be passed upon by a dis honest and corrupt field force of spe cial agents. Insurance Company Sued. Chr;?rtene Salem is suing the Queen City Fire Insurance Company before Cir cul t Judge Cleland, to rec over $1000 in surance upon a dwelling at St. Helens owned by Frank J. Rowland. Mrs. Salem, it appears, had a mouagage on the prop erty, and after the place was destroyed by fire, last July, demanded a part of the insurance. The busiest and mightiest little thing that ever was made is Chamber lain's Stomach and Liver Tablets. They do the work whenever you require, their aid. These tablets change weak ness into strength, listlessness into energy, gloominess into joyousness. Their action is so gentle one don't real ize they have taken a purgative. Sold Soldier in the Russian army are to carry oomptwefl with luminous needles. POLL OF JURY IIS TAKEN FOR DAVIS Counsel for Litigant Sent Emissary to Ascertain How Sentiment Stood. BLUE CASE NOW ON TRIAL Norse Who Was Thrown From Mount Tabor Car Asks $100,000 Dam- agps Minister Tells of Having Seen Accident. The "jury-fixing" charges which have been made by "W. M. Davis and other members of the Multnomah Bar Association received a blow yesterday morning: in the course of the selection of a Jury to try the damagre suit of Ada E. Blue against the Portland Hail way, Light & Power Company. Attor neys Davis and Ralph W. "Wilbur ap peared as counsel for the plaintiffs and defendants, respectively, in the damage suit of Elizabeth Bollam against the streetcar company and In the Blue case. The Bollam case was that in which Walter Conley. a newsboy, was seeking: to recover damages for being: thrown under a Fulton car at First and Madi son streets. - ' Davis Sent Emissary. Six of the jurors in the Bollam case were drawn yesterday morning: in the Blue case. The first juror drawn, by a coincidence, was T. J. Keenan, who was first drawn in the Bollam case. He was excused. Attorney Darts asked each' juror whether or not he. had been approached by a member of the street car corporation or by its attorney to find out how the" Bollam jury stood and what its attitude was toward the case. Each in turn swore that he? had not been approached. Attorney Wilbur failed to ask the jurors whether they had been approached by counsel for Bollam until Albert Broddie, the last juror, was being: examined. When he was questioned by Attorney Wilbur he hesitated at first, but finally said that Mrs. Bollam's husband had been to see him after the jury had returned its verdict, and asked him how the jurors stood on the first and successive ballots. Attorney Davis then created considerable merriment by ad mitting: that he desired to know how the Bollam jury stood, but that he did not wish to ask them himself, so had requested Bollam to do it. This ad mission was made in the face of his intimation throughout the selection of ' the Jury in the Blue case that such action on the part of the corporation or its attorneys would have been high ly improper. s K Juror Is Accepted. Broddie, the juror who was "ap proached" after the Bollam case was over, said that Bollam did not learn much from him, and he was accepted by both sides. . " Judge Gantenbeln himself took a hand in the examination of witnesses for Ada Blue yesterday, after Attorney T. J. Cleeton, one of her counsel, had failed to ask a witness such questions as would qualify him to testify as to the speed of the Mount Tabor car, from which she was pitched headlong. At torney Wilbur appeared much per turbed over Judge Gantenbein's action, jumping to his feet and objecting to one of the judge's questions. Attorney Cleeton's questions put to Rudolph Becker and the young man's answers had been so satisfactory to the company's side of the case that Atx . ' ney Wilbur did not cross-examine the witness. Judge Gantenbeln brought from the witness the statement that he had been driving past 'East Thirty ninth street on Belmont every day for the past nine months and had had am ple opportunity to observe the usual speed of Mount Tabor cars. "And you say this car was coming toward you at an unusual rate of speed?" queried the judge. "I object to the court's question," said Attorney Wilbur, jumping to his feet. Woman Dragged 2 0 Yards. Becker said that the car was coming toward him at a great speed, swaying from side to side as it struck the sharp double curve. He was driving a wagon for the Hoover Bakery, and was on the north side of the street, going east. As he whipped up his horse to cross, cut of the way of the approaching car, he said he noticed Miss Blue's body being dragged along the ground, her dress entangled in the front step. She was dragged and battered along the hard ground at least 20 yards, he said. The accident took place May 31 last. I)ss Blue had taken the car at West avenue, to go from the Portland Sani tarium, where she was employed as a nurse, to her home near East Thirty ninth street. The conductor was run ning the car. As it neared her desti nation she arose to signal him to stop. The car struck the Rouble curve, with out slackening speed, just as she reachedthe front platform, pitching her through the door. The car then ran a long distance before being stopped. The young woman lingered between life and death several- months, being unconscious nearly four weeks. Her scalp was torn oft. her skull was frac tured, her jaw and collar-bone broken, and her body was badly bruised and mangled. After the surgeons' skill had saved her life, she brought a dam age suit for $100,000 against the street car company, and it is this suit which is now on trial. Another Woman Thrown. Rev. Edward M. Sharp, who was on the car at the time of the accident, testified yesterday aftefnoon that he was talking with a friend when the car struck the curve with a violent jerk, and that he saw Miss Blue fall out the front door. He arose as quickly as possible and rushed to the forward end of the car. and as he hastily looked around, saw another woman on her knees at the rear end. where she had been thrown by the violent swaying. F. Powell testified that the car swayed so violently that the conduc-tor-motorman had difficulty in keeping his seat on the stool, and that, al though the car was equipped with air brakes, he used the hand brake. Wen -sen Francshar and J. P. McKenna. other witnesses of the accident, also testified. Attorneys Cleeton. Davis, Grant b! Dimmlck and I. A. Moulton are conduct ing the plaintiffs side of the case, and Mr. Wilbur. S. C. Spencer and A. M. Dibble represent the company. H. R. Boynton. chief claim agent for the railway company, is also present in the courtroom. Miss Blue's attorneys are said to have refused $6000 in settle ment of the suit. The jury is as follows: E. 13. Evans, Albert Broddie. Herbert Bradley, G. yf. -Anstey. Carl Anderson, H. M. O'Co'n- IS THINNESS EMBARRASSING ? Undoubtedly It Is to Many a Maiden and Youth While Even Those Well Along In Years Prefer Well Rounded Figures. Prescription Increases Weight. A scrawny, gangling y outh or maiden is almost invariably slighted, over looked or ridiculed in any social gather ing. There is something about a plump or well-proportioned figure which at tracts not only friendship, but love and adulation as well. People with a. proper amount of flesh are favored in all walks of life, while the thin are unblessed, unwelcome and frequently miserable for life. The dif ference lies in the power of the diges tive functions and the ability of the blood and nerves to absorb and distri bute over the body the nutrition ex tracted from the food eaten. The thin person is abnormal and lacks the power to absorb and retain the flesh and fat elements which the gas tric Juices In. the stomach and intestines should extract or separate from all kinds of food and drink. A recent accidental discovery has proven that tincture cadomene when blended with certain other drugs, will add from one to three pounds of flesh per week during treatment, while the general health and strength also im proves wonderfully. Get in a half pint bottle, three ounces of essence of pepsin and three ounces of syrup of rhubarb: then add one ounce compound essence cardlol; shake and let stand two hours; then add one ounce tincture cadomene com pound (not cardamom). Shake well and take a teaspoonful before and after meals, drinking plenty of water be tween meal?t and when retiring. nor. M. R Van Horn, John Erlckson, H. P. W. Anderson, S. Percefull, H. H. Brigham and.M. D. Feedy. MILTON W SMITH BANKRUPT Sheriff Enjoined From Selling I;aw Library by Auction. Federal Judge Bean signed an order yesterday morning declaring Attorney Milton W. Smith a bankrupt. This ac tion was taken upon the petition of the Kllham Stationery & Printing Company, John M. Mann, L. E. Latourette and Smith himself. With the ' order of bankruptcy is an Injunction restrain ing Sheriff Stevens from selling under execution Smith's law library and other property. This was to have been dis posed of under the hammer at 2 o'clock yesterday afternoon. The law library is said to be one of tne finest in the city. Sheriff Stevens must show cause Feb ruary 17 why the injunction should not be made permanent. The will of Ella M. Smith gave the Smith law books to the Portland Library Association, to gether with certain money and stocks. Smith was appointed executor, but when demand was made upon him for the property, he failed to turn it over. Attorney W. L. Brewster, representing the library, then obtained a writ of execution from the County Court, and placed it in the hands of the Sheriff. PAROLES FOLLOW ADMISSION'S Judge Morrow Lenient to All Who Plead Guilty. Every prisoner who has pleaded guilty before Presiding Circuit Judge Morrow since he took the presiding judgeship has been paroled. Two were added to the list yesterday. They were Samuel Brautigan and J: R. Miller, alias F. Ford. Brauti gan was sentenced to serve two years in r-tbe Salem Penitentiary and paroled to Probation Officer Teuscher, while Miller was sentenced to serve one year in the Penitentiary and allowed his freedom. Brautigan pleaded guilty to having stolen $500 worth of copper wire last Decem ber. Miller could give no excuse, when questioned by the court, for having stolen a watch and chain from the vest-pocket of a planing mill employe last month. The other, three offenders thus far paroled by Judge Morrow are: ; ... J. M. Whitley, charged with a statutory offense; H. D. Warnock, charged with obtaining money by false pretenses, and J. J. McClelland, accused of larceny by embezzlement. 87500 A-SKED FOR FALL Union Meat Company Employe Sues Firm for Damages. E. L.-Bloomfield asks $7500 damages of. the Union Meat Company for falling down a hatchway in the company's slaughter-house on the south side of Columbia Slough. To recover this amount he has filed suit' in the Circuit Court. '- Bloomfield, last October, was assist ing to store cement in a room on the third floor of the' slaughter-house. When the Backs were hoisted, three" at a time, with the aid of a donkey en gine, he would swing them in upon a platform iused as a landing. Just be hind him was a four-foot hole in the floor. While he was landing the sacxs the guide rope broke, and he fell back ward through the hole, to the floor below, breaking his left arm, crushing his left shoulder, and dislocating his right thumb. WIDOW ASKS FOR ALLOWANCE J. Couch Flanders' Estate Estimated to Be Worth $50,000. ' ; J. Couch Fland'ers' will was admitted CLEAR-HEADED Head Bookkeeper Moat Be Reliable. The chief bookkeeper in a large busi ness house in one of our great Western cities speaks of the harm coffee did for him: "My wife and I drank our first cup of Postum a little over two years ago, and we have used it ever since, to the entire exclusion of tea and coffee. , It hap pened in this way: "About three and a half years ago I had an attack of pneumonia, which left a memento in the shape of dyspepsia, or rather, to speak more correctly, neu ralgia of the stomach. My 'cup of cheer" had always been coffee or tea, but I became convinced, after a time, that they aggravated my stomach trou ble. I happened to mention the mattAr to my grocer one day and he suggest ed that I give Postum a trial. "Next day it came, but the cook made the mistake of not boiling it suffi ciently, and we did not like it much. This was, however, soon remedied, and now we like it so much that we will never change back. Postum, being a food beverage instead of a drug, has been the means of curing my stomach trouble, I verily believe, for I am a well man today and have used no other remedy. "My work as chief bookkeeper in our Co.'s branch house here is of a very confining nature. During my coffee drlnkfng days I was subject to nerv ousness and 'the blues' in addition to my sick spells. These have left me since I began using Postum and I can conscientiously recommend it to those whose work confines them to long hours of severe mental exertion." "There's a Reason." , Look in pkgs. for the little book. 'The Road to Wellville." ' Ever read the above lettert A lew one appears from time to time. They are jrenirine, trnf, and fall of kamam Interest. . . The Choice Fruit from a Million Peach Trees is Offered You Six of every ten cans of Peaches on the mar ket are put up by us'. More than a million trees are required to supply this enormous quantity. From this great quantity we obtain and pack all grades the grades being determined by the size and quality, for only good fruit is used. We pack these grades under more than four hundred different brands, most of them our own; several of them are for individual dealers who own their own labels. Our choice brand, thougti, is Del Monte. Under that label we take the tree-ripened, hand-picked, put into Del Monte cans. All Del Monte Products Are the Choice from the Largest Gardens and Orchards Del Monte is the brand, under which we pack our choice qualities of canped and dried fruits, vegetables, jams, preserves, catsup and condi ments. We are the world's largest canners, and put up more than 400 brands. Del Monte is our favorite. Under that label we put up only those (7) to probate in the County Court yester day morning, and Edmond C. Giltner was appointed administrator. He filed a bond of $35,000. The appointment was made upon the petition of Mrs. Mabel C. Flanders, the widow. The Flanders estate is valued at about $50,000. The widow says that all debts are paid, except tne expenses of her husband's last sickness. She asks an allowance of $250 a month. Mr. Flanders died January 21. at the age of 45 years. MacDonald Named Bailiff. Judge- Cleland appointed James H. Mac Donald yesterday morning bailiff of his department of the Circuit Court. He will (take the place of Bailiff George N. Kawoett. who. on account of illness in Cottolene Never Makes Food Greasy Food cooked with hog lard and. compounds is so thickly coated with grease as to give the gastric juices little chance to assimilate and digest it. Cottolene contains no hog fat. It does not coat the food with grease, and food cooked with it is easily digested. From the standpoint of health, there is no comparison between food cooked with Cottolene and food cooked with lard. Lard is just hog fat Cottolene is a vegetable product ot JNature. Cottolene makes food which any stomach can digest and builds up the tissues of the body. - COTTOLENE is Guaranteed Your Jsrocer u hereby uthorid refund your money in case you are not pleased, after having given Cottolene a fair test. Nana rtlrl !n Rullr Cottolene is packed in pails with an air-tight top to mever ooia m duik keep it elM fresh anpd wholesome( pt u from catching dust and absorbing disagreeable odors, such as fish, oilt etc. Made only by THE N. K. FAIRBANK COMPANY Cocoa , No. 27 , After being roasted cocoa beans are broken and the shells removed. Even from the shells a nutritious beverage is made and in some European countries the ground shells are sold as "cocoa tea." Peaches are ripe, full-flavored. They are han dled with the best care we know how to give them, and are packed in heavy, clear syrup, made from pure granulated sugar. - Some few dealers have us pack for them, under their own labels, this famous Del Monte ' quality. It would make no difference if you Canned Fruits and Vegetables Packed Where They Ripen The Day They're Picked pick. Only can. perfect fruit is All Del Monte upon Del Monte, the pick trom more than one million trees. qualities that pass the most critical inspection as to quality, freshness and flavor. It -is always safe to insist upon Del Monte. Some other of our brands may be offered to you, but Del Monte is our quality brand our choice. Be sure you get Del Monte. CALIFORNIA FRUIT CANNERS ASSOCIATION SAN FRANCISCO, CAL. The Largest Canners of Fruits and Vegetables in the World cident to old age, is unable to continue in the position. Until yesterday Mr. MacDonald has been nlsht watchman at the Courthouse. About two years ago Bailiff MacDonald was made clerk of the Municipal Court. His claim . for salary was contested, being paid only after a hard legal fight. Witness Tree Gavel Is Lodge Gift. VANCOUVER, Wash.. Feb. 10. (Spe cial.) A ;gavel made from wood taken from the old "witness tree." that fell into the Columbia about a year ago. and dec uprated with solid silver elk heads, shields and bands, will be presented to the Elks lodge of Everett, Wash. by the Vancou ver lodge of Elks when the new Elks hall at Everett is opened Friday night. A committee from the IocrI lodge, con Weeat and drink many things we like which are not good for-us. is one thing we like and is as nourishing and good as it is fragrant and delicious. Don V ask merely for cocoa ask for GhirardellPs knew under what other brands the Del Monte quality is packed. But since there is no way of knowing what are safe brands, the best way is to get Del Monte. The price for Del Monte Peaches is the same everywhere, 20c per Most dealers can suoolv vou. Insist and thus be sure hat you get sisting of J. H. Elwell. J. A. Padden, Frank Eichenlaub, E. M. Scanlon, Gil bert Daniels, Dr. C. S. Irwin, and J. J. Padden left today for Everett to make the presentation. SEASIDE SATURDAY. Special Train. Every Saturday, A. & C. R. train leaving Portland at 6:30 p. m. runs through to Seaside. stopping at all Clatsop Beach points. Round trip tickets. $3.00, going Saturday or Sun day, returning Monday. 8 A. M. train to Seaside daily. Piper -Hetdsleck is the top notcher in chewing tobacco. No other is "Just as good." Champagne flavor. I t j