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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 8, 1912)
TTTT? MORNING OREGONIAN. IIIURSDAT, FEBRUARY 8, 1912. y HAZZARD, SENT UP, 15 UNDAUNTED "Fast-Cure" Specialist .Gets Indeterminate Sentence to Penitentiary. NEW TRIAL MOTION DENIED Judge. However. Approves BI(T BU Bond of S10.000 and Woman Saya Sbo Will B Out and Prac tice Method Thl Wwk. PORT ORCHARD. Wash.. Feb. 7. nelsl.) "I feel that I am the victim ef a treat Injustice. I know It takes time and patience, to right such mat ter, but I know the truth will triumpn In the end." Standing erect before the court, and tontrolltng her emotions witn aimcuny, Mr IJnrfiL Burflald Ilaxxard. the fast- cure" specialist, convicted of man slaughter, received an Indeterminate sentence of from two to 10 years In the late penitentiary at Walla Walla to day, after firmly declaring her inno cence of the charge on which she wa convicted. . A few minute arter sentence had keen passwd the woman, convicted of starving to death Miss Claire Wllllam on. left the courtroom with her hue band. Samuel O. Haxsard. ex-Army offl ter and Instructor at West Point. Big Ball Bead Approve. A ball bond to the amount of 110. loe pending appeal to the Supreme Court ni approved by Judge John B. Yakey and Prosecuting Attorney Thomas Stevenson Just after Mr. Has sard had been eentenced. The bond win be furnished by the Southwestern Furety lnauranca Company, of Texas. Motion of her attorney for a new trial vii denied by Judge John B. Taker Instead of the hundreda who attended the trial. Mm. Haxxard re rrlved her eentence before a crowd of not more than 10 peraona G. W Gregory presented hie grounds for asking a new trial without argu ment, his principal support being an affidavit from his law partner. E. D. Karr. charging that the Jury had been supplied with a magnifying glaaa with which to examine handwriting exhibits. Judge Takey declared that while the jury waa deliberating, the bailiff had asked him if the Jury could have a magnifying glaaa but that ha had re fused He said he bad no reason to be- 1 Iteve the bailiff had disobeyed the court. Grewaa foe Erre Ha also stated that he could see no ground for error even if the Jury had been supplied with a glass, any more thaa In the case a Juror had put on eyeglaasea Mr. Btevenson presented counter affidavits contradicting the charge that a magnifying glass had been used. The affldavtta were those of Jury Foreman F. T. Ryan and the bailiff In charge. In denying the motion Judge Yakey de rlared the farts established in the trial warranted a manslaughter verdict and that It devolves upon the higher court to decide whether his Interpre tation of the law is correct. "I will resume my practice In 8eattle before the week la out. said Mrs. Has aard. as sh left the courtroom. "Re quests for treatment have been pouring In from all parts of the country during the trial. One woman has lust come all the way from the State of Maine to place herself In my care. Witnesses In the Haszard trial who are alleged by the special prosecutor In the case. British Consul Agassis, of Tscoma. to have committed perjury, will not be prosecuted. Mr. Stevenson aid so today. His little county looks upon the expenditure already resulting from the case as ruinous. LINCOLN DRYS ARE ACTIVE Campaign Already on In County by Prohibitionists. NEWPORT. Or, Feb. 7. (Special) Prohibitionists In this vicinity are planning an aggressive campaign and every possible effort will be made to carry Lincoln County back Into the dry ranks thla Fall. George 1 Carr. field secretary of the state Prohibition committee, will appear at a series of lectures here, at Yaqulna. Toledo and elsewhere. He will organise a county convention and Institute plans for holding meetings throughout the county. Mrs. Jackson SUbangb, of the Seattle W. C T. U, delivered two lectures here lASt week, with prohibition as her theme. -. MORO FARMERS NOW HAPPY I'erlamatlon Engineers Working on Blj Dam for John Day Water. MORO. Or, Feb. T. (Special.) Farmers on John Day River east of Mora report a crew of li United States Reclamation engineers camped and working on a JOO-foot dam to be built at what is locally known as "Copper 31111.- The dam Is to generate electric power for the Umatilla project and Irrigate Ilock Creek farms and land between Arlington and Condon, all In Gilliam County. The proposed work will flood IS fmtt farms. Including what la called the McDonald Ferry property. BRIDGE FOES DROP CASE Completion of Broadway Contract Prompts Dismissal Plea. SALEM. Or.. Feb. 7. (Special.) A motion to dismiss the ease of W. T. Burrell against the City of Portland was taken under advisement by the Supreme Court today and the court al. lowed It to be argued on Its merits. This Is one of the Ralph Dunlway cases In connection with the Broad way bridge and Involves an alleged se cret contract with Ralph Modjeskl. Attorney Benbow, for the city, moved to dismiss the case on the ground tnat work on the bridge under the subcon tract Is practically completed. HEPPNER GIVES FOR SICK Public Hospital Will Be One of Best . of Kind In Oregon. HEPPNER. Or, Feb. 7. (Special.) Great enthusiasm la being displayed at Heppner through the fact that a large pobllo hospital Is to be built In this city. Yesterday over 7000 was sub scribed for this purpose. The building Is to cost over $30,000 when completed and equipped and will be modern In every way. Bishop O'Reilly, of Baker. Is In the city and addressed a mass meeting last night. Other speakers responded, and the committee reported that arrange ments had been made for a committee of 20 representative men to guarantee the necessary amount. The work of raising the remaining sum will be con tinued In the county. Bishop O'Reilly promised to raise the balam-e. and the plans and specifications will be sub mitted snd the actual construction work will begin at once. It Is planned to construct the building of native stone, abundance of which la easily ob tainable here. The City Council and Father Kelly, of this city, are the largest subscrib ers, having given $1000 each. This In stitution will be In charge of the sis ters, who are trained nurses, and the aim Is to make It one of the best In stitutions of Its kind in Oregon, as far as possible. The material and labor employed will be local, ao as to reap all the benefit possible for the community. ITOOLS DUEL WEAPONS OLD ALBANT ME7T FIGHT WITH HATCHET AXD CHISEL. ' Skull of One Combatant Fractured, Other la Cut Seriously Both Are arly 70.' ALBANY. Or, Feb. 7. (Special.) Using a hatchet and wood chisel ss weapons. Isaac B. Smith and George Volkhardt engaged In a ferocious fight this afternoon. Smith, wielding the hatchet, fractured Volkhardfo skull t w - kimw th. (nr.h.Kit and Volk hardt struck Smith several times In the neck and on the side or toe lace wun the chisel. Smith Is years old and Volkhardt Is said to be older. v.ihi..iti I - at Krarv'i HosDltaL In a serious condition. Smith, who Is weakened by loss of blood. Is kept at ki. b. . a -V. in Rmlth'a neck. which required It stitches to close. Is dangerously dose to bis Jugular vein. Tka Aarht Iftrtk Maafa In a house at First and Montgomery streets, where the two old men nave oeen nvms gether. They commenced lighting In III. HVUWt -- - and back Into the house. Smith says Volkhardt waa ths aggressor. Volk hardt has not been able to given an .Nnnt nf the trouble. Each of the aeptuagenarlan combatants tried to cause the othera arrest, but as Deputy District Attorney Hill was a i- v. ih.i nf a case this vnHaaw - ... mi afternoon, no complaints will be filed until tomorrow. a i.k t.mm iivan In A 1 ha n v several years. Volkhardt Is known here as "Dutch George" and came hers recent ly from Washington County. CHARGES FAIL TO HOLD Art Tlderlngtom, Alleged Embexxler, Set Free at Walla Walla. WALLA WALLA. Wash.. Feb. 7. (Special.) Art Tlderlngton, former harness dealer of thla city and al leged embexsler and bankrupt, who has been held In Victoria, B. C pend ing Investigation of the charges against bim. was ordered set free yesterday by the Supreme Court of that province. Hia money was restored to him and the criminal chargea have no further standing, there. Consequently the extradition papers Issued against him will be of no value. Prosecuting Attorney EL J. Smith has received word from the Governor of British Columbia that extradition pa pers would not be honored. Tldertngton's attorneys here say his assets are about 119.000 and that his liabilities are $I0U0 short of this amount, so that creditors will realise 100 per cent of their clalma Tldertngton was arrested first on a charge brought by Mitchell. Lewis & Staver. a Portland wholesale harness firm, for which he had sold goods on commission. DOG FANCIERS WONDERING Koseburj Ordinance Affects Canines Allowed at Large. ROSEBCRG. Or, Feb. 7. (Special.) Fair femininity Is a-flutter here to day as the result of an ordlnancs Intro duced at last night's meeting of ths City Council which pertains to dogs running at large. In the event the ordinance becomes -a law. owners of dogs, no matter how valuable, will be compelled to leave them within the family enclosure or lead them through the atreeta of the city by a service able leash not to exceed 10 feet In length. Another clause of the ordinance pro vides for the arrest of owners of dogs who either neglect or refuse to ob tain the required city license. The dog question haa been a con stant worry to the Council for years, and Msyor Mlcelll Is taking little part In the discussion of ths present ordi nance. La GrandeMan May Run. LA GRANDE. Or, Feb, 7. (Special.) Casslus M. Humphreys, at present City Recorder, has announced his Inten tions of becoming a candidate for ths office of State Railroad Commissioner at the primary election on the Repub lican ticket. The decision of the Attorney-General, which holds that the new Congressional district does not carry with It a separate Railroad Com missioner, may make some difference In the rsce. and It Is yet possible thst Mr. Humphreys will not actually start the papers circulating. Under the pres ent arrangements, a matter of much Interest In Eastern Oregon. Portland will hare a voice In electing the next Railroad Commissioner for this district and Eastern. Oregon men are slow to enter the field under such conditions. Mr. Humphreys points to his long ca reer as an engineer on the O.-W. and on the Blackfoot lines out of Spokane and several years with a lumber con cern at Elgin, at which he served In the capacity of a shipper. Taxes Paid Promptly. HOOD RIVER. Or, Feb. 7- (Spe cial.) "If taxpayers continue their promptness," says Sheriff Thomaa F. Johnson. "It will not take long for me to close my books this year." Al though the books were only opened for the receipt of tax last Friday, ths of ficer received SS00 on that day. He banked a large sum Saturday and the Monday's receipts reached a total of tuoo. Run of Smelt la Heavy. VANCOUVER, Wash, Feb. 7. (Spe cial.) The run of smelt In the Cowllta lUver this year seems to be larger than In many years past. Yesterday more than 100 gasoline and other fish ing boats were taking smelt and the average catch for the 14 hours was 3000 pounds, or a ton and a half, so that approximately '150 tons of the table delicacy wera. takes la one dsy. ; criminal action bondholders Meeting Here, Probably To day, to Decide on Orchard Company Problem. CORVALLIS NOT CAUGHT President Johnon, of Benton Coun ty Bank, Says His Institution Had No Intention of Buying Paper. Xo Names Made Public Yet, At a meeting to be held tomorrow or Saturday persona representing over J200.00O of the bonds of the Columbia River Orchard Company, which re cently passed Into the handa of a re ceiver, will decide definitely upon the proper action to take to protect their rights In the handling of the assets of the defunct company and will also con sider ways and means of bringing criminal proceedings against the pro moters of the company. Jay Bowerman. who has been re tained aa attorney by some of the bondholders In Portland and other parts of Oregon, said yesterday that plans, as made by the bondholders so far, are merely tentative and the course to be followed will not be de termined until the meeting Is held. Almost hourly yesterday Mr. Bower man learned of additional persons and concerns holding large amounts of ths bonds. Before closing time last night ths organisation which was formed to pro tect the rights In Portland comprised over $250,000 of the bonds and it Is considered probable that the amount will be doubled todsy. Carvallla Banker Denies. The statement made yesterday that the Benton County National Bank, of Corvallls, Or, waa holder of 170.000 of the bonda Is absolutely denied by A. J. Johnson, president. "Permit me to say that the report Is absolutely without foundation." said Mr. Johnson. "Our bank haa not a single cent Invested In these bonds nor ever did have, and, further more, we never had even so much as a thought of such a thing. I did at one time have a proposal put up to me of an exchange of a block of the bonds tor a piece of real property and after placing the offer in the shape of an option subject to my Investigation and approval. I did Investigate them to a sufficient extent to satisfy myself that they were not aa represented, so the matter was dropped entirely by me and no deal waa made. "I would not wish any of my friends to think that I had accepted any quan tity whatsover of these worthless bonds aa a personal Investment, much less that the bank mould consider such for one moment." Twohy Bros. Xot Caught. Twohy Bros, railway contractors, who were thought to have taken about $100,000 of the bonds In payment for work performed tag the company, also deny that they hav any of the bonds. John Hampshire, treasurer of the com pany, said last night: "Twohy Bros, have none of the bonds and never have done any work for the company. The statement la without foundation. The only way I can ac count for a report being circulated that we have some of the worthless bonds Is the confusing of the name of our concern with another company, which may have some of the bonds." Attorney Bowerman said yesterday that It Is Impossible to tell yet how many of the bonds are In circulation In Oregon. . "There may be $1,000,000 worth, and there may be $10,000,000 worth." said Mr. Bowerman. "It is Impossible to tell. One thing Is sure, and that is that there sre plenty of them. Names Not Made Public. "It is not good policy for me to make public the names of those who are In terested In the organisation we have made to protect our Interests, and for that reason I will refrain from using names. The Intentton of the bondhold ers Is merely to be protected. They be lieve the compsny has some assets In Washington.. and. If ao. the bondholders want to have their rights protected. Wo do not want a receiver to get In and sell the property or rights of ths com pany for (less than they are worth. Juat how this will be done remains to be seen. I have not talked the proposl. tlon over thoroughly with those who hold the worthless bonds, so do not know what the proceedings will be. "The bondholders will Investigate the proposition of bringing the promoters of the company to Justice In the crim inal courts. What ws can do along this line remains to be seen. I have not talked with any of the bond buyers who secured any of the bonds first hand, and It may be that we can get some valuable Information from such." The majority of those who now hold tha bonds secured them from persons who purchased them from the agents of the company. The present holders secured them through land deals for the most part. One company Is men tioned by Mr. Bowerman as having traded 5000 acres of wheat land in Mor row County for some of the bonds. Others traded farms, city property and merchandise for blocks of bonda When the company went Into the hands of a receiver It Is said a number of deals were pending, the bonds being considered safe. One case Is mentioned of a farm land owner In Clackamas County who had all but closed a deal for taking bonds In payment for part of a l0-acrs tract of farming laad when the true worth of tha bonda be came known. All of the bondholders are keeping their troubles to themselves. Several were called by telephone yesterday and asked to verify reports thst they had some of tha bonda AH refused to admit It excepting one Portland man. who said he had $40,000 of the bonds, but would not allow his name to be used. FRAUD BELIEVED INTENDED Crash of Orchard Company Came Sooner Than Expected. SEATTLE. Feb. 7. All the deeds to property, mortgages and other securi ties held by the Columbia Orchard Company and the Washington Orchard Irrigation & Fruit Company were transferred two months ago to a newly orgsnlxed company styled the Colum bia River Water Company. R. H. Mc Whorter. a young man who succeeded Allen Jay Blehl of Portlsnd as secre tary of the two orchard companies, which Issued $5,000,000 of bonds, whose assets vanished suddenly, gave this testimony today before a referee In bankruptcy appointed by the United States District Court. This Is the first Information yet ob tained concerning the assets of ths orchard companies promoted by "Do Larm and Blehl Bonds,' Mr. Blehl pro leasing entire Ignorance of the affairs .fSLdi- jj 1 ' ' pi ! n t? ii! fMSMiL Jill His trip would hare been a great lark I We will pay $5.00 for the best, and $2.00 for the next best rhyme, to fill in the two missing lines. Cravenetted all-wool raincoats at '$9.85 and $14.85. Yes, we can fit the boys, too, at $4.85 and $7.85. TTONCLOTHINGe liiVl 1 GusKuhn Profo. 166-170 THIRD ST.- of the companies which he and Da Larm organized and of which he was secretary until recently. The Columbia River Water Company, McWhorter testified, did no business, contracted no debts and could not be made Insolvent even If the other sub sidiary concerns went bankrupt. It wss made the recipient of the valuable ownlngs of the other concern, Mc Whorter testified. De Larm believing It to be beyond the reach of a!l credi tors. De Larm made a miscalculation, however. In the length of time which would elapse before a crisis In the affairs of the orchard companies wss reached. Under the bankruptcy laws, transfers such as De Larm made to the Columbia River Water Company are void unless made more than four months before the date of insolvency. Attorneys for the creditors said today that It would be possible, after a court order, to record all assets of ths orchard companies turned over to ths new company. An astonishing feature of McWhorter's testimony was his statement that ha himself believed the Columbia Klver Water Company had been organized with the purpose to defraud. The hearing before Judge Hoyt, the referee, was held at the request of sev eral large creditors, whose petition In the Federal court led several days ago to the aDDOtntment of Elmore Wrlnk- ler as receiver of the Washington Or chard Irrigation & Fruit Co. Owing to a misunderstanding between Winkler and Receiver Harry E. Wilson, the receiver appointed by the state court, Wilson has declined to turn over whatever pa pers he may have without a court or der directing him to do so. Wilson was cited today to appear before Judge Hoyt tomorrow to explain bis attitude or be adjudged In contempt of court. It Is believed the rival receivers will ad Just their differences amicably. Counsel for one of the creditors of the Washington Orchard Irrigation A Fruit Company says that he will soon be In possession of a large part of the books of "DeLarm and Blehl, Bonds." There Is great eagerness among Inves tors to know how much the handlers of the orchard bonds paid for them, and why Seattle and Portland bankers and real estate men gave a verbal approval of the bonds as safe Investments. Mrs. Elizabeth Lawrence, a stenogra pher employed by DeLarm. and who is alleged to have accompanied him aa far aa Tacoma when he made his flight, has been summoned to appear before Re ceiver Wilson and tell what she knows relative to DeLarm's accounts and his present whereabouts. The hearing be fore the United States referee will be continued tomorrow. Orchard Bondholders to Meet. ECGENE. Or., Feb. 7. (SpectalJ Meeting has been called for tomorrow of a score of holders of Washington Orchard Company's bonds to take steps to protect their holdings. K N I G f?! P J S h lO ' f thesnow r 1 H Morrison at Seventh i Scores of Homes Made Happier by the Wiley B. Allen Go's Big Piano Business Our long standing reputation of thirty-nine years of fair and square dealing, coupled with the fame and high rank of the pianos we handle, have combined to place The Wiley B. Allen Co.'s store far in the foreground in the estimation of the music-loving public of the Pacific Coast. We are showing a number of the world's distinctly highest grade pianos pianos whose fame is international pianos m THE CELEBRATED HARDMAN, THE FAR-FAMED PACKARD, THE WONDERFUL ANGELUS PLAYER-PIANO, THE KRAKAUER. H03ART M. CABLE, ETC These are undeniably the finest pianos known to man the musical profession acknowledges it-the musically inclined realize it-and we are prepared to prove it beyond question of denial Pianos as low as $175. Terms as low as $10 down and $8 a the used piano in your parlor. ROAD WAITS Oil BRIDGE OREGON ELECTRIC SERVICE EX TENDED IN TOW MONTHS. Though Corvallls at Present Is Made Terminus of Cross-Valley Line, Extensions Are Predlcled. CORVALLIS, Or., Feb. 7. (Special.) President Carl R. Gray, of the Ore gon Electric, told the Benton County people at a reception tendered him last night In the Commercial Club rooms, that his line will give a service to Cor vallls from the east side of the Wil lamette River within eight or nine months and will be running Into the city proper as soon as the bridge across the river can be constructed. The clubrooms were crowded and ev ery section of the county had repre sentatives present Inviting Mr. Gray to extend his lines through their locali ties He said that while the present programme makes Corvallls the ter minus of this cross-valley line, later ' " Ladles lng For Men: KNIGHrs There's no shoe made that can give more complete satisfaction for the price than Knight's "ELITE." Knight's "ELITE" is right at every point, giving foot ease in the true sense. Knight's "ELITE" is well qualified to be the leader at $5. Come and allow our salesmen to explain the merits of this superior shoe. Tall Glbbs' BulIdlasT s like the supreme mm Victor Talking Machines and Records MORRISON STREET AT SEVENTH announcement of Its extension may be anticipated. Accompanying President Gray were ex-President Harvey Beckwlth. of the Portland Commercial Club: C. C. Chap man, manager of that club: Dr. E. A. Pierce and Mr. Wlckersham, engineer of the Oregon Electric, who discussed matters relative to the state's develop ment. President Kerr of Oregon Agricul tural College; N. R. Moore, City Attor ney Wilson and County Judge Victor Moses spoke as representatives of Ben ton County and Corvallls, and Marlon Hayden. Lpuis Edwards. J. W. Buster anrt T. Allen were the spokesmen of the i farming community. NEW PIAN0S FOR RENT At Bush-Lane Piano Company, S55 Washington street. Dormitory Site Selected. SALEM, Or., Feb. 7. (Special.) The executive committee of the State Board of Normal Regents have practically de cided on the location of the site for the new dormitory at the Monmouth Normal School, providing all of the conditions are found to be as reported. Just where the site will, be has not been given out as It probably will re in a telegram from Denver: white SHOE OUR CHILDREN'S DEPARTMENT is growing to remarkable dimensions, showing that our efforts to give better service than the rest are appreciated. Ws carry complete lines of footwear for Infants and children of all ages. "Follow the ChlUrea; Tbey Know." month, Liberal allowance for TTsBIsssW quire another meeting before a definite decision to purchase is reached. Mankinds 's most dan gerous foes are those which at t a c k us through what we drink. You can't get any mi crobes in Quality BEER equipped with THE NEW CAP that requires no troublesome open er !! ! Phone your dealer or grocer, or PORTLAND BREWING COMPANY. Main 708 A B3SS. CATERPILLAR NOW HERE Caterpillar Gasoline Traction Engines are now here and ready for inspection, at P. & O. Plow Co., East Water and Belmont Streets J. W. HILL, Agent 17 Lambennena Bid. Pboaesi A 4227 Marshall W aii To opea . value tonaue -aa sbowa above, and pull ' atralg! t dowa. -