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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 28, 1912)
0 TTTE 3rOT?ri?fO OITEGOXIAX, TVEDXESDAT. FEBRUARY 23, 1912. WILL, TWICE CAST OUT, IS SUSTAINED State Supreme Court Holds That George T. Myers Was of Sound Mind. SON WINS OVER DAUGHTER Justice Burnett Bvcidrs Lark of Car Ghvem Wife Cammed Bllef That Sb V"a Mard-red. FortoM la Inrrorred. . and nothlnr saen of him OB til tha body waa found. Sharp carefully planned ta taka his life and thla waa ilwwn by a letter he left. He wrote that ha could not make success of the road work, and feared he would be criticised. Sharp, with hla aaed mother, and brother Alfred. Frank. Edward and Walter, lived on a farm which was a part of a claim taken np by hla father many years if a. He Is sarnred By three sisters. Mrs. Minerva liar a. of Willamette, and two who lire In Se attle. The funeral will be held at tha home at 1 o'clock tomorrow afternoon. 4 VIGILANTES PLEAD GUILTY I da bo Conspirator Surrender to Prosecution and Get Llfht Penalty BOISE. Idaho. Feb. 17. (Special.) Federal prosecution wen a victory day la the famous conspiracy case ef Lens Valley when lira of tha six de fendants stood before Judo Dietrich, In tha Federal Court, and pleaded guilty. They ware fined f 100 each and HOOD RIVER MAY DBA TBI TAKES WKIX-K2TWir KJCSIDKXT OF TAJTCOCVKll. 9ALEM. Or.. Feb. 17. (Special) Reverting- both the County Court and Circuit Court of Multnomah County, tha Supreme Court. In an opinion by Justle Burnett today, held that Oeorie T. Myers. In making his taut will and test ament, had teatamentary capacity, that he was not suffertoir under a delusion that his wife had been foully mur- Wed. and that bis daughter. Ceorrfa Franeea gtevena had Riven aid and comfort to those whom he imagined had , participated In the murder. In the llshtl vf these flndlnsa Justice Burnett af firmed the testator's disposition of hla property. The case has ben one of great Inter est In Multnomah County, due to the amounts of money Involved and owing to the peculiar features arising between the brother and sister, son ana aaugn- ter of Mr. Myers. I pen the petition of Oeorge Tobi as Myers. Jr July 21. 1S07. the coun ty Court of Multnomah County admitted to probate In common form a paper purpottnjr to be the la.t will and testa ment of Oeorre T. Myers. There waa also a codicil annexed. It was directed that letters testamentary be Issued to the son upon his taking and filing the oath required by the statute. S3O.0S Deaaairr'a !-. The will waa dated Mar 21. 102. and In substsnre directed that 1:0.000 be paid to tha daughter. Georgia Frances fcterens. when she arrivea at me ace sf 4i rears, end the remainder of the estate was devised to the son. who waa also nominated executor of the will By tha codicil It waa further provided that In case the son should die before the death of the testator the portion of the estate bequeathed to him should be distributed la a manner therein spec! fl-rt. In December. 1307. the daughter, as piaintlff. filed a petition and complaint In the County Court. Among other things tha complaint alleged that "said will la not now under and never waa the last will and testament of tha said liorge T. Myers." It further went on totalises In substance that George T. Myers waa not of sound and disposing mlitd or memory and that he labored under tha Insane delusion that his wife, who died a natural death In 102. had been foully murdered and that tha daughter had la some manner aided and comforted those whom he Imagined to-be the persona who murdered hi artfe. Thee assumptions were further Sealed la the complaint. ' Will la Cs As. Canseanantlr In October. IfOI. tha County Court of Uoltaomah County an- I f tared an order and a decree to the ef- I s- feet that tha order admitting the writ Ing to probate as the last will and testament of the decedent be set aside and held for naught and In June. 110, the Circuit Court of Multnomah County Bpheld the County Court. In hla opinion, which la an extensive na. Justice Burnett holds that an er ror of Judgment upon proven or ad mitted facts Is not a delusion, however harsh the judgment may be. lie fur ther holds that If extraneous evidence exists upon which anyone could reason then the determination of tha testator n such evidence Is not a delusion and that tha court cannot aubstltute Its own eplnton about the snore property of the will for the decision of the testator. After long examination of the testi mony, which la made comprehensively by Justice Burnett, the deduction Is ar rived at that out uf tha mouths of tha contestant's witnesses enough Is re vealed about the method of treatment given to the wife of Mr. Myers to form a plausible basis for tha belief of My ers that his wtfe'a death waa attributed to unskillful medical treatment and that Lhe contestant. Georgia France Steven, sided against her father tn the resultant controversy, so that there was no delusion to vitiate the wtlL t ADOPT HEW PUN Co-operation With Rogue Val ley Growers Rejected, but Not Yakima or Wenatchee, FRUIT EXCHANGE ASSAILED Xorth American Orjranliatiort Said, la Report, to Be Controlled by One Commission-Hon so . la Plttslruxr Many Attend. c' Hn. Elisabeth J. WUIlasaa, VANCOUVER. Wash, Feb. 17. Special.) Mrs. Elizabeth J. Wil liams, nearly It years old. wife of Robert Williams, of 808 West Twelfth street, died this morn ing. Sho had lived In this city since December, 177. Mr. and Mrs. Williams celebrated their t ' golden wedding anniversary Juno I 7. 1110. I Mrs. Williams was tha youngest daughter of Mr. and Mrs. Agnea Boon TurcbulL of Kelso, Scot land, where she was born May 23. 1S3S. Captain Williams, whan traveling In Scotland, became ao qualnted with her. and they were married In Edinburgh June 7. 1860. The following day they left for Glasgow and sailed from there June 10 on the steamship o m for Quebec they located near leton. Buchanan County, Iowa. The following children were bora to the union: Mrs. Mary J. Anderson. 87 Twelfth and Har rison streets. Portland: Arthur E. Williams, same addrasa Charles R. Williams. 7(6 Second and Wood streets. Portland; Mrs. Agnea E. Toole y, 711 West Twelfth street, Vancouver, and William II. Williams, who died In Infancy. I there June 10 o; I United Klngd. i Canada. Later t Hasleton, Bucban r e w sentenced to 10 daya In tha Ada County Jail. The light sentence was a result of tha willingness of the defendants. C. W. Black well. Otto Close. J. W. Harding. William Wookle and Thomas Kopenhauer, to make a deaa breast of ths affair. Benjamin Xulln, tha sixth alleged conspirator, and classed by the Oovern- t aa tha ringleader In the con spiracy. Is determined to fight tha charge. Early In IflO a band of settlers la Long Valley formed a vigilance com mittee and waited upon Carl Beyer and hla attorney. II. F. Irwin, demanding that they abandon contest proceedings against Alvln M. Close, and leave the valley within 24 hours. They were warned that If they did pot make their departure by that time, they would be tarred and feathered. Indictment fol lowed of the six men named. GOVERNMENT GIVES RIGHT Laek Case Bl The opinion holds thst the proof failed to show that Myers believed, even insanely, that hla wife had been murdered In the usual acceptance of the term. Rather, the opinion holds. It Is s iown that he attributed her death to want of proper treatment by the at tending physician. It Is further held that the proof Is sufficient to show that when an estrangement ensued be tween the physician and her father as to the treatment of the contestant's mother, that ths daughter espoused the cs-ise of the medical man to the dis pleasure of the parent. In the opinion Justice Burnett fur ther holds that no question having been hatsed about the sanity of the testator at the time the codicil was made, the execution of that Instrument amounted to a ratification and re-publlcatlon of the original will and cured any objec tion of the kind urged against it which might have existed when the former document waa signed Earl C. Bronaugh acted as judge la the lower court of Multnomah County, sitting on thla case. tieorge T. htyera and his son. Oeorge Tobias Myers. Jr.. engaged together aa salmon packers at beattle and in the Aiaska trade for several years, where they am massed a fortune which waa largely the subject of the dlaspute la the present laae. Washington -Ore jfon Company May Build Road Thro nth Reservation. VANCOUVER. Wash. Feb. 27. (Spe cial.) A license for the Washington Oregon Corporation to build a single track electric line through Vancouver Barracks, a military reservation with in the city limits, was received by that company today from the War depart ment through Captain J. Klnnlson. post quartermaster. The lioense carries a common-user clause, but In case other electric companies desiring to use the track built by the Washington-Oregon Corporation cannot agree upon a satis factory rental for use. the amount la to be settled by the War Department. The proposed line will be built at once and its cost, exclusive ef rolling stock, will be about 860.000. It will give car service to 2000 persons living east of the garrison, besides the State School for tha Blind and the State School for the Dear The permission to croee the reservation haa held up thla extension for many months. ROAD FOREMAN KILLS SELF Worry Over Work Cannes Drwpond eoey and Suicide of Perry Sharp. OKEOOV CTTT. Or, Feb. 17. (Spe cial. Mentally unbalanced from wor ry over his work. Perry Sharp, 10 year of sge. road supervisor In District No. 11. ended his life Monday by shooting himself In ths bead. The body waa found today by a brother, Walter Sharp, la a pasture near their home at Staf ford. Coroner Wilson held aa Inquest, the Jury returning a verdict of self destruction. frharp. wbe waa a member of a plo net family, was appointed road super visor several weeks ago, and Immed iately after began worrying about the work He told several friends that It m j he Impossible for him to make a good showing because sufficient funds were not available. Bis condi tion gradually became worse, and his brothers, fearing that he might do hlrn- e:f hartu. watched hUn cloey. &harp, too e ever, eluded them Monday morning. PRIZE LOTS LEAD TO JAIL Men Who Awarded Land to Teacky People Are Arrested aa Svrln&iera. MEDFORD. Or, Feb. 27. (Special.) Q. W. Lelgbton and W. W, Howard, who recently "gave lota away" at a local theater, were arrested Monday at Vanoouver, Wash, upon a warrant Is sued by Justice of ths Peace Olenn O. Taylor, ef this city. The complaint waa sworn to by Henry Learch. a second hand dealer. The men are charged with having obtained 8140 under falsa pretenses. The defendants gave coupons away with each ticket Issued at tha theater and each ef the holders of ths "lucky number" paid 810 for a' deed to a lot near certain alleged famous hot springs In California. Learch waa "lucky la two instances and asserts that ha cannot locate tha tract In California. HOOD RIVER, Or, Feb. 27, (Spe cial.) When the report of the commit tee composed of Truman Butler, P. S. Davldson and W. B. Dlckarson, ap pointed at a mass meeting of Hood River growers on January 17, waa read at a second meeting of growers here today. It waa adopted without a word of dissent, except from A. L Mason. While the report recom mm ended some system of co-operation between the larger Northwestern districts, stating that such a feeling prevailed in Yakima and Vi enachee districts. Its adoption will defeat any future consideration of the so-called "Rogue River plan" In the Rood River Valley, aa well, per haps, aa In the two larger Washing ton districts, Maaoa Answers Gvrla. When the meeting waa called to or der Mr. Mason addressed the growers, saying that his name had appeared twice In the circular letter Issued to local growers by W. F. Owin, manager of the Northwest Exchange, which re ferred to the action of the Hood River eommltee as contrary to the principles of American dtlxenshlp and which, arousing a great deal of feeling, had an effect to swell the crowd here to day, but without his knowledge. "However." he said. "I know there are always two sides to a question and we should sit aa a Jury today and lis ten to facts to be adduced by the rep resentatives of the Northwestern Fruit Exchange aa well as to tha report of the committee. Ur. Mason said that he had been In the offices the day before the clroular letters were written to confer with an official of that organisation on. math ods of fighting the Sulser box bllL One Ftraa iaid te Control. The members of the committee stated that after their appointment their at tention had been repeatedly called to the rumor that the North American Fruit Exchange, with which the North western Exchange declares it haa an exclusive service for Its boxed apples. waa controlled by crutschfleld A Wool- folk, a commission house of Pittsburg. -tjur attention." they Bay, "waa nat orally directed to three polnta: The efficiency of the machine, the prices It obtained as compared with other re turns and the fact as to whether or not It was controlled by Crutschfield tc Woolfolk." For zsnerel Information, according to the report. 50 out of the 108 agen cles of tha North American Exchange throughout the United States were se lected and letters addressed to banks In the cities In which the respective agencies were situated, requesting In formation m a general way and with especial reference to the lines along whlc-3 the Investigation waa conducted. The replies showed that a general opinion prevails at the selling end of the machine that the North American agency Is controlled by Crutschfield ft Woolfolk. Direct Vales Prepeeed. At the very first of our work." said the report. "It was apparent that many of these agenctea would take business through other channels than those of the Northwestern Fruit Exchange. Ac cordingly we asked the management of the Union to ascertain Just bow many of them were In the market for business through ether sum-res. Bsfore replies were received the North Amer ican Fruit Exchange learned ef our in vestigation and telegraphed, we pre sume, substantially all the agencies as follows. 'Do not answer Hood River Inquiries; refer all letters to us.' "Thla of course, made It difficult to get all the Information we wanted, and only 42 replies were received. Out of these, seven advised that they were agents for the North American Fruit Exchange and could not accept busi ness through other channels, 11 gave evasive or conditional replies, and 25 out of the 43 unconditionally stated that they would be glad to handle Hood River apples direct. Conditions te Be Met. "The officials of tha Northwestern Exchange may tell you that their ma chine has only been in operation for two years and that It is not aa good as you could reasonably expect it to be under ether circumstances, and that wherever you find an agent who Is not doing his duty they will find a man In his place. Granted, but we are dealing with a condition, not a theory." The report of the committee showed that on net average prices received on the past year's crop, those of the local union were materially greater than the prices received by the exchange, sxoept on two varieties, which were sold by the eaohange at a few oents more per box. The net average prices as taken from the exchange's bulletins led to different Impression. It was stated. However, from these prices must be de ducted the charge of 10 cents per box by the exchange and tha charge of 10 cents per box by the local union. K. S. Miller, who proposed the Rogue I River plan, and W. E. Owin, manager of tha Northwestern Fruit Exchange, were present Mr. Miller said: "I do not care to reopen the Rogue River plan, nor to offer any suggestion. The only thing that I will ask is that you pursue the matter to the end and lay all tha facts on the table. Pittsburg Coatrol Denied. Mr. Owin said: "I made certain state ments to you on January 27. and I am here this afternon to verify them by ample truth. I have the original con tract between our exchange and tha North American Exchange. It calls for an exclusive agency for the handing of Northwestern boxed apples. It Is not the least surprising to find disloyalty among employes. I am glad that you applied the acid test to our agents. We don't want those who have broken their contracts, and we care not who geta them. The telegram referred to by Mr. Butler is authentic. The agent who telegraphed the Information haa been j discharged. Crutschfield Woolfolk own. neither directly nor Indirectly, any stock in the North American Fruit Ex change. " The permanent committee appointed for the further consideration and adoption. If possible, of some co-operative method among the larger districts, is composed of W. E. King, Joseph C Porter and Albert Hutton. FORMER BANKER SUED 1 pt If $14 Is as high as you care to go for a suit you will land all right on any which we are selling' at that figure. If they are a little better than you'd expect at the price, it's owing to our care in se lecting the cloth. Some high-grade shirts to day at low prices. f THNCLOTHING Q liiui l GujJQjfin Prod 155-I70XHIrvD ST.- ALWAYS RELIABLE RECEIVER or nesTiTimox SEASIDE ASKS $Bt,ST6. AT Complaint Filed In Court Alleges That ex-President Bartcb. Mis managed Financial Affairs. ASTORIA. Or, Feb. 17. (Special.) An action has been commenced in the Clroult Court by F. S. Godfrey, receiver of the Bank of Seaside, against B. F. Bartch, formerly a director and at one time president of ths defunct Instltu tlon. to recover 85f.275.8j. The com plaint declares that the bank waa or ganized with a capital stock or 8Zo, 000, divided into 2E0 shares of $100 each. and asserts that on September 2, 1907 at which time the defendant was pres ident, the directors of the bank adopted a resolution declaring a d'vldend of 10 per cent At that time 190 shares of stock had been subscribed and $1900 was paid In dividends, although the bank waa then Insolvent, according to the complaint. Its entire earnings since organization - amounting to only $1921.20. whereas its expenses were $3109. 14. The complaint alleges that on Au gust. 10. 1909, the directors, at a meet ing attended by the defendant, declared another dividend of 10 per cent. A total of 250 shares of stock had been subscribed by that time, and $2500 was paid In dividends, "notwithstanding that the institution was insolvent," the complaint alleges. W hen the first dividend waa aeoiarea. says the complaint, tne Danx owea $3. 825.(0. and when the second divi dend was declared the bank s Indebted ness was $40,671.88. Ths complaint sets forth that when tha bank failed, oa November 5, 1810, and the plantlff was appointed celver. "the Institution's assets only 87500. while Us Indebtedness amounted to 868,776.85, and by reason of the wrongful acts of the defendant In managing the business, ths defend ant owes the plaintiff as receiver $59.- 27$. 86. which Is the net lnaeoteoness of the defunct Institution, with Interest on that amount at 6 per cent from No vember 6, 1910," according to the alle gations In Godfrey's complaint. of the Keystone Lumber Company, In whose employ Brown was engaged. Fatland aald he would take the matter up with Governor Hay and endeavor to get Brown pardoned or paroled. The two little boys- will be placed in the Children's Industrial Home temporarily, They have expressed a desire to go to their maternal grandmother In Indiana From the time of the murder, Sun day night at 11:55. until sentenoe was passed, waa 80 hours and five minutes. the shortest on record In this county for the disposition of any criminal case, Sympathy is strongly with Brown, and the opinion finds expression that If he had not confessed under the Intense emotion under which he was laboring, a Jury would have acquitted him on the ground of the unwritten law. He said he had been for months trying to break up the relations between Wilson and Mrs, Brown. Alaska Miner Slain In Seattle. SEATTLE. Wash, Feb. 27. The body of Oscar J. Olson, who recently arrived here from Idltarod. Alaska, was found lying across the Northern Pacific Rail road track a short distance south of Epokane avenue last night. A revolver and an empty whisky bottle found near the body led the police at first to be lieve Olson had committed suicide, but Investigation showed that he had been shot twice, once in the back of the head and again through the heart. The Cor oner said today that he Is satisfied Ol son was murdered and believes robbery was the motive. A letter signed Lena, found In Olson's pocket, was apparent ly from a slBter, residing at 2017 North Albany avenue, Chicago. PILES CURED e TO 14 DATS, Tour crvrglst will refund money If Pass Olnc xaent falls to cure any case of Itching. Bllna, Cllrel'nc. Prnrruritnir Piles In 6 to 14 daya Du. "we1. How to Make a Quick9 Sara Cough Remedy Stops Eves Whe-oplK; Cough Quickly. A Family Supply Easily Mixed at Heme for DOe, ma IS SENTENCED FOIiOWlXO JUDGE'S ACTIOX MOVE MADE FOR PARBOX. Former Employers of Murderer Would Save Man From Prison. Jury Might Have Acquitted. TACOMA. Wash.. Feb. 17. Willis Brown. - who confessed yesterday to killing his wife and Jack Wilson, while on their way from the car to their home, and who entered a plea of mur der In the second degree before Judge Chapman, last night, was brought Into court for sentence shortly after 10 o'clock this morning. He was greatly broken down and when asked If he knew of any reason why sentence should not be pronounced answered in a feeble voice that he did not know of any. Judge Chapman remarked that while there appeared to be very aggra vating circumstances they conld not Justify a man In taking human life, but he would Impose the minimum sen tence, which Is from 10 to 15 years In the state penitentiary. Immediately after returning to his cell. Brown was visited by H. H. Fat land, former State Senator and manager Lawbreakers Set Free. ASTORIA. Or, Feb. 27. (Special.) Prank Palmer, convicted of larceny In a dwelling, was sentenced by the Cir cuit Court today to serve an Indetermi nate sentence of front one to seven years In the Penitentiary. George I. . Irew pleaded guilty te unlawful asso- I elation with Mra Helen Nelson, of I Portland, and was aeateneed to six j months. Both prisoners were released ' later ea paxole during good behavior, Everybody Likes to Dine Out Occasionally Open Evenings Till One Private Booths Cheerful Music Good Things to Eat at Popular Prices Club Dinner Tonight at 75c Let one of oar waiters seat 70a in a comfortable chair at a table faultlessly get. Let him tell our Chef yon want one of his club dinners which will be promptly and attentively served yon. The pleasures of this dinner are further increased by the Songs and Music of "Those Entetainea,, King, Qninn and Sweeney. 5 to 8:30. For Business Reasons Our Merchant's Lunch 35o 11:30 to 2. 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Splendid for croiy), hoareencss, throat tickle, incipient lung troubles, and a prompt, successful remedy for whoopinrj-cough. Pinex is a special and highly concen trated compound of Norway White Pine extract, and is rich in (ruaiacol and other elements which are so healing to tha membranes. Pinex has often been Imitated, hut never successfully, for nothing else will produce the same results. The genuine is guaranteed to rive absolute satisfac tion, or money refunded. Your druirpist has Pinex. or will get it for von. If not, send to The Pinex Co., Ft. Wayne, Ind. Pinex is fully guaranteed by lane Davis Drug Co, distributers. Portland. This Kidney Remedy Gives Iinmedfate Relief In 1807 and 190S I waa taken, very sick with kidney trouble and being afraid of Brlght's IMseaae, went to a prominent physician at Ubertyville, ' Iowa AXter doctoring for soma time without cure or benefit. I began the use of Swamp-Root and found Immediate relief, which urged me to oontlnue the use of the medicine. After taking several bottles, which I bougut at Jericho's Drug Store, In Fair field. I became a well man and can honestly say that I have never had any signs of Brlght's Disease or a return of any kidney trouble. I am so grateful toward Dr. Kilmer's Swamp-Root that I never hesitate to recommend it to any one I know who Is suffering with kidney trouble. Yours very truly, MACE CUNK3NBEARD, Fairfield, Iowa. State of Iowa 1 Jefferson County ( Subscribed and sworn to before me by the said Mace Cllnklnbeard. and the signature acknowledged by him to be genuine, this 12th day of July, 1909. CHARLES a CRAIU Kotary Public. YouH find your kind of music the kind you like best in the new March list, which includes these three superb numbers: Caruso and Journet sing Faure's noble "Crucifix" AH the beauties of this famous sacred composition with its thrilling climax are splendidly brought out by these two great artists, Emma Lames renders a delightful Tosti song The famous soprano's exquisite rendition of this number is altogether beautiful and exhibits to perfection the lovely qual ity of her voice. ; Pasquale Amato ' gives a great Rigoletto scene This highly dramatic air from Act II is one of the most affecting1 scenes in the opera, and it is splendidly rendered by the great baritone. Hear these records at any Victor dealer's, and ask hhn for a Idarch supplement which contains a complete Hst of sew single- and double- I faced records, with a detailed description of each. Always rise Victor Records played with Victor Needles there is no other way to get the unequaled Victor tone. 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