( 1TY
; : ! ; i
jD 1866.
VOL. 32. NO. 48.
OREGON CITY, OREGON,
FRIDAY, NOVEMBER 9, 1906.
ESTAB
WILL NOT PROSECUTE
MORE "SAWDUST" CASES
MACKSBURG FARMER
KILLED BY GiANT
POWDER EXPLOSION
DRANK FORMALDEHYDE
THINKING IT WHISKEY
DISTRICT ATTORNEY
DISMISS ALL PEND
ING SUITS.
PUBLIC PREFERS MILLS TO FISH
Public Sentiment Out of Sympathy
With Enforcement of the Law
Jury Quickly Acquits '
Bigelow.
Deputy District Attorney Schue
bel expressed himself Friday morning
as thoroughly satisfied that it is a
useless undertaking to prosecute any
more sawdust cases. "I will dismiss
all the cases pending, and will abso
lutely refuse to prosecute any others
that may he brought to my. attention
until public opinion undergoes a
change and demands an enforcement
of the law. I have no fault to find
with the jury. Yesterday's jury I
consider a representative body of men,
and their attitude simply reflects- pub
lic sentiment. It shows that while
it may be possible to secure a convic
tion of the big corporations, the people
in general are out of sympathy with
the law. Personally, I do not , care
if the people of the county want to
jeopardize the fish industry.
It will i
save me a good deal of trouble and I
am not going to needlessly spend the
tax-payers' money trying to enforce a
law which the public does not stand
by." i
Acquittal after about ten minutes of
deliberation is the wind-up of the saw
dust prosecution against H. Bigelow,
and for that matter, of all sawdust
prosecutions in this county. Bigelow
was charged with permitting sawdust
and planer shavings to be deposited
in the Abernethy.
The state's witnesses showed and
the defense practically admitted that
nearly all the sawdust in the creek
got ' there after Mr. Bigelow took
charge two years ago. The defence
relied on was that Mr. Bigelow had
taken reasonable precautions, and
should not be prosecuted for a techni
cal violation of the law. That there
was sawdust in the creek was an ad
mitted fact.
Justice Stipp instructed the jury
shortly after 8 o'clock Thursday night,
and ten minutes later the verdict of
not guilty, signed by Spencer Thomas,
A. F. Parker", Lawrence Mautz, Harry
Oine, H. Blackenship, J. Roman, was
turned in.
The result of this case terminates
the sawdust prosecutions in Clacka
mas county for the time being. Of the
three cases disposed of thus far, C.
E. Dubois and H. Bigelow, small mill
owners, were acquitted, and the
Crown-Columbia Pulp and Paper com
pany was convicted. . The facts in
all three cases, varied but little. The
case against the Mumpower-Rambo
mill will be dismissed, and the Willam
ette Pulp and Paper company will
not be called upon to plead guilty,
though its time for answer' has ex
pired. It is the expressed opinion of a num-'
DEPUTY
WILL
The Charm of Beatity
depends in a great measure upon good toilet prepara
tions. The fairer and more delicate your complexion,
the greater care it requires to preserve it. If your skin
is naturally rough and red, a good toilet preparation
used faithfully, will remarkably improve it. You can
depend upon the effectiveness of all toilet helps you
get. here.
Htmtley Brothers
Druggists and Booksellers.
ber of attorneys, pot connected with
the cases, but who have followed
closely the three trials, that the con
viction of the corporation case and
the acquittal of the other two is a cir
cumstance not to be attributed to the
character of the defendants but to
the merits of the cases. Many are in
clined to the belief that the evidence
in the Crown-Columbia case did not
give rise to the doubt which the con
flicting testimony in the other two
cases produced in the minds of the
jury. n -
EMPLOYEE GIVEN ICY BATH
A total loss of fish rack material
and a harrow escape for several men
endeavoring to avert disastrous re
sults are the result of a high stage
of water on the Clackamas which tore
away several hundred feet of fish
rack just above the O, W. P. bridge
across the Clackamas Wednesday
morning.
For several aays the water had
been alternately rising and falling
and the authorities had anticipated
iust such an accident and were plan
ning on --removing the racks within a
day or two. This morning at nine
o'clock the woodwork started to pull
out, and United States Fish Cimmis
sioner J. N. "Wisner, (foreman Irve
Wilson, Louie Himler; Henry" Huerth,
and others were engaged . in towing
the pieces in such a manner as to
avoid piling up on the false structure
now in process of construction by
the O. W. P. About 150 feet of the
rack suddenly gave way and Himler
' and Wilson were given an icy bath.
Himler was completely covered -for a
tjme with drift and brush, but finally
succeeded in swimming down stream
a short distance and . was pulled out of
the water when cmwyeptaomfwypet
the water. Wilson was standing on a
piece of rack and was thrown into
the water when Himler was knocked
out of the boat. Wilson also finally
succeeded in pulling himself up on
a piece of rack, after an attempt on
Wisner's part to reach him by boat
had proved unsuccessful.
Huerth was given about the sams
kind of a dose as the other two men
got. Nobody was hurt, though there
was considerable danger from being
crushed against the piling by the
sharp wooden points on the rack, ma
terial. - "
So far as fishing is concerned little
harm results, since the authorities
were about to discontinue anyway.
The loss of material amounts to about
$600. The greatest danger lay in
the fact that the material might lodge
up against the piles of the bridge,
and thereby cause a great accumula
tion which would threaten the safety
of the structure. The officials were
notified of the condition of affairs,
and the United States Fish Hatchery
employes did all in their power to di
rect the movement of the material
away from the foundation of the
bridge.
y E. C. Chapman of Clackamas was
in town Wednesday and Thursday.
Mrs. H. E, Stevens and children
have returned to their home at Mjl
waukie after a short visit with Mr.
Stevens' mother, Mrs. Bingham, of
Canemah.
Mrs. Edna White and daughter
Laura, returned Wednesday afternoon
to their home at Cathlamet, after a
two days' visit with the former's sis
ter, Mrs. Ben Doolittle.
G. N. Joe, who left Oregon City
about four months ago for Japan, on
a business trip, has started for his
home and will probably arrive here in
about two weeks. Mr. Joe has se-
during his trip abroad.
I
Fifty pounds of giant powder, plac
ed near the stove to dry, exploded
and instantly killed Thomas Hansen
a farmer living two miles south of
Macksburg and seriously injured his
wife about noon Thursday, while the
two were seated at the dinner table
not ten feet away from- the explosion.
.The house is a total wreck. Mr. Han
sen must have died almost instantly,
and his wife was rendered unconf
scious for a long time and- suffered
severe injuries. Just how serious her
condition is will be ascertained when
she reaches Portland where she was
taken to a hospital for proper care
Friday morning."
The accident happened at noon
Thursday, but Coroner Holman was
not notified until late in the afternoon.
Mr. and Mrs. Hansen were seated at
the dinner ' table when the explosion
occurred. According to Mrs. Hansen
her husband had brought 50 pounds
SHOT HIMSELF
BECAUSE OF
DIVORCE
E. BENSON FIRES BULLET IN
TO HIS BREAST IN G. C.
BROWN ELL'S OFFICE.
Rash Deed is Committed Within Half-
Hour After His Wife Secured
Her Decree of Sep
aration. Raleigh E. Benson, whose wifei had
just secured a divorce from him half
aa hour before, sent a bullet lnU his
breast just below the heart at one
o'clock Thursday afternoon in Attor
ney G. C. Brownell's outer office. His
weapon was a 38 calibre revolver
which he had borrowed from his aunt,
Mrs. Charles Read on some pretense
Dr. Mount was' summoned immed
iately and later took the wounded man
to the Gladstone hospital. The bul
let glanced upward 'and the victim
will probably recover. A note, con
taining direction as to where his rela
tives might be found, was handed to
Sheriff Beatie. "It anything happens
to me. notify them. That is all. On
the outside was written, "To Mrs
Laura Benson Here is your divorce.
R. E. Benson."
The couple were seated in the out
er office engaged in settling various
matters in reference to the divorce.
Clyde Sprague an uncle of Mrs. Ben
son's, and Mrs. Riggs, a client of Mr.
Brownell's were seated close by. Mr.
Brownell and Miss Moulton had just
stepped into the private office when
they heard a shot, and rushing out,
found Mr. Benson sitting in the chair,
a revolver N close by. Help was sum
moned immediately.
The attempt was evidently premedi
tated, since Mr. Benson had made sev-
eral attempts to borrow a weapon the
last day or two. I
Benson is 34 years old and has a
father in Portland, J. F. Benson. He
was married in 1901. and was sued by
his wife on the ground of abandon
ment and non-support. Two children,
Rita, aged four, and Geneva A. aged
three ,were the fruits of the marriage.
His wife is prostrated with grief at
the unfortunate affair.
In order to fully establish the mo
tive and his sole responsibility for
shooting should Mr. Benson die, Dis
trict Attorney Allen propounded the
following questions to the wounded
man, and got his signed statement:
What is your name? My name is
Benson.
Raleigh E. Benson? Yes.
Did you write this letter? Yes, sir.
How long ago? About one hour ago.
Did you shoot yourself? Yes.
Why? I did not want to live.-'
Was it on account of the fact that
you had separated fro.m your witer
Yes.' ,. .
Have you anything o say farther?
That is all, I guess.
Did anyone else have anything to
do with it? I did it myself.
Have you any relations here? I
have an aunt, Mrs. Chas. Reed, liv
ing here in Oregon City.
How old are you? 34 years.
Your wife's name is Laura Benson?
Yes.
How long have you been married?
About 5 years. .
That is all.
(Signed): RALEIGH BENSON.
Witness : Eva L. Moulton.
THANKSGIVING DINNER
BY CLACKM AS GRANGE
Clackamas, Nov. 7. Mrs. Gault of
Parkplace will address the Mothers'
club of Clackamas at the school house
Friday, November 9, at 3:30 p. m.
of giant powder into the house to use
for blowing out stumps. He placed
about 20 pounds ' in the " oven to dry
quickly, and about 30 pounds more
beside the stove. Evidently the fire
smoldering in the stove flared up
more than was expected, and caused
the fearful explosion. Mr. Hansen
was hurled several rods, where his
mangled body was found later. The
wife was thrown almost the same
distance, but miraculously did not
share the same fate that her hus
band did. - The . room was a small af
fair, only about ten feet square,
and the entire cabin was badly torn
up and splinters hurled several hund
red feet away. .
At the inquest conducted by Cor
oner Holman late yesterday afternoon
the jury determined that nobody was
to blame for the accident. Mr. Han
sen, about 58 years of age, and is
survived by his wife and three child
ren, one son and tw6 daughters.
Her subject will be "Diseases of
women." Five cents for every lady
in attendance at the lecture will be
paid "into the treasury of the club by
Mrs. Gault.
Fred Henrici and Sol. Immel have
bought claims near a .new irrigating
district in eastern Oregon. The form
er expects to move onto his claim
before the close of the year.
Clackamas Grange No. 298, P. of H.
held the regular day meeting, Sunday,
November 3. The afternoon session
was well attended and the routine of
business was taken up. Two appli
cations' fbr membership received. The
Grange will provide a Thanksgiving
dinner for its members and each mem
ber can invite two wriends. The
matter of organizing a juvenile grange
was talked over, but no definite ac
tion taken.. v
The Sunday school of the Congre
gational church will take a vote Sun
day, November 11, as "to what use
shall be made of the money collected
in the birthday jar during the past
year. Service at 10 a. m.
City Council Has
Eventful Session.
The council was in session from
8:30 until 11 o'clock Wednesday night
and finished up a lot of business after
the adoption of the referendum reso
lution on purchase of the Dr. McLough
iin home. All members were present
except Henry Brandt.
The Eighth street steps are to come
down, the street commissioner being
directed to "notify Contractor Ramboi
to go ahead. Those wishing the steps
retained did not put in an appearance.
A petition for a four foot walk on
Pleasant avenue from Mrs. Hickman's
corner to. the blacksmith shop, was
referred to streets committee. -The
question of buying 58 yards of rock
from Harry Jones was referred to the
finance committee.
Saloon licenses were granted Knapp
& Noble, Louis DePerdusin, F. E
Ring, M. Justin, E. Matthies, Grissen
& Cassen, A. J. Surber, D. M. Klem
sen and L. Ruconich.
Chief McFarland reported out-of-
date hydrants along Main street and
same will be-replaced by modern ones.
Madison 'street bridge is reported com
pleted. Rock excavation on Washing
ton street reported as to amount taken
anQ engineer's estimate of work on
No. 5 sewer was handed in
Street committee given power to act
in numbering of property in the mill
reserve which is outside the city" lim
its. Houses numbered wrong must
be corrected at owner's expense says
the street committee.
- Street commissioner directed not
to complete connecting link of south
road walk until county refunds $100,
amount of Mr. Goode's subscription
to said walk, that was mistakenly
paid to the county.
Oregon City Transportation com
pany win be ordered to pay wharf
rent due $92.50 .or vacate within 30
days.
Committee report, recommending
opening of Washington street between
Second and Third streets adopted by
council. Matter of Eleventh . street
grade deferred.
New walk on Eighth between steps
and Main,, deferred as street improve
ment is iminent there. Muddy walk in
park will be sanded.
Fixing of tax levies deferred. - Ad
journed one week.
The voters of Oregon City will de
cide on December 3 whether the old
home of Dr. John McLoughlin, oppo
site the woolen mill, shall be preserv
ed, and our city show its gratitude
and respect for the memory of the
man who saved the Pacific Northwest
to the American Union. , -
At a largely attended meeting of
the council Wednesday night, Mayor
Caufield read a message stating that
the old home was being altered and
remodeled, and showing the necessity
for immediate action if- the building
and credit of our .community are to
be saved. A number of representa
tive citizens made remarks in (the
same tenor and a resolution referring
the matter of a tax levy to buy the
building and site, was unanimously
adopted by the council. Following is
the full text of
MOUNT PLEASANT MAN VICTIM
OF AN ALMOST FATAL MIS
TAKE FRIDAY.
BADLY BURNED BUT RECOVERING
Poison Taken From An Unwrapped
Package Incident Teaches f
Us: "Smell-Before We
Drink."
Alfred Holland of Mount Pleasant
swallowed a large dose of formalde
hyde Friday afternoon from the ef
fects of which. Dr. Stuart, who at
tended the patient soon after It hap
pened and also Saturday morning, re
ports a gratifying recovery.
The "poison was administered to Mr.
Holland by his neighbor, Mr. Cahill,
by mistake. Mr. Cahill was just re
turning from the city with two bot
tles in his pocket, purchased at a
drug store. Both were wrapped up in
the same style, the one containing
formaldehyde, the other the liquid
that touches the warm spot. Mr.- Ca
hill stopped his team to chat with!
Mr. .Honana. . upon tne latter com
plaining of being a bit cold from plow
ing all day, Mr. Cahill offered some
thing that is calculated to drive away
the cold, pulled the bottle from under
the seat, uncorked it, without pulling
off the wrapper and Mr. Holland took
a good - swig, when he suddenly ex
perience . a burning sensation in his
throat and stomach. Mr. Cahill im
mediately drove back to the city
where Dr. Stuart took the patient in
charge.
Holland's throat and stomach are
badly burned. . The fact that he is
resting easy today is a matter upon
which he may congratulate himself.
That the effect was not fatal, consider
ing' the size'' of the dose, is something
for which Mr. Holland may be es
pecially thankful.
JUDGES AND CLERKS
OF CITY ELECTION
CITY COUNCIL SELECT OFFICIALS
TO PRESIDE OVER BALLOT
ING ON DECEMBER 3.
At the meeting of the city council,
Wednesday night, the recorder was
authorized to buy the necessary pol
ling books for the city election to be
held on December 3, also to give the
usual notice of the election.
The following judges and clerks of
the election were approved by the
council:
First Ward Judges, H. W. Trem
bath, W. L. Little, Jack Confer;
clerks, R. Koerner, J. E. Rhoades.
Second Ward Judges, C. C. Bab-
cock, E. D. Kelly, S. S. Walker; clerks,
Chas. Kelly, W. R. Logus.
Third Ward Judges, Henry Brandt,
Chas. Moran, J. Michaels; clerks, F.
M. Darling, G. L. Story.
INTIMACY WITH MYERS NOT TRUE
Accuses Her Husband of Consorting
With Other Women at The
Oaks and of Non
Support. The trial of Gaston vs. Gaston was
resumed when court convened Thurs
day morning. Mrs. Nettie Gaston oc
cupied the stand in her own defense
all morning and part of the afternoon.
She proved an excellent witness, and
gave detailed and forcible accounts of
her grievances, which, if true, make
her case a stronger ground for divorce
than the plaintiff's, i
She denied all the insinuations to
intimacy with one A. Myers, and al
leged repeated acts of cruelty on the
part of Douglas Gaston, who it is ,
said, repeatedly stayed away from
home .nights, went out to the Oaks
with other women, failed to contribute
adequately to the support of herself
and child, and loafed about the house
most of the time. She was inveigled
into signing a confession of intimacy
with A. Myers, which, it appears,' was
designed to be used as a means of
extracting money from Myers to avoid
disgraceful exposure.
Mrs. Gaston was vehement and de
cisive in her answers and had frequent
tilts with the attorneys conducting
the cross examination.
The. plaintiffs concluded their ex
amination of witnesses at the after
noon session Wednesday. Joseph Gas-j
ton. uncle to the nlaintiff. .Tosenh Gas
ton, brother to the plaintiff, Mr. and'
Mrs. W. J. Patton, Mrs. Sophia Gas
ton, Mr. Cassar, private detective, and'
attorneys Freeman, Herz, Haecker,
and Griffith were 'put on the stand to
testify. Suspicious actions on the
part of the defendant, pointing to
guilty relations with Myers, were the
substance of the recitals given.
The main dispute in the case in
volves the truth or falsity of a con
fession on the wife's part, a subse
quent affidavit retracting this confes
sion, and a subsequent affidavit de
claring the previous anidavit to have
been false. The contention of the de
fense is that the first confession and
the last affidavit were obtained by
force and duress, and that love for
her child and promises of future hap
piness were' circumstances which,
led her to sign the documents which
furnish the damaging evidence. '
Late Wednesday afternoon two in
formations wer filed by the district
attorney. They are against Adam
Foshag and Gottlieb Gross. Both
were arraigned Thursday and pleaded
not guilty. Foshag's trial is set for
Monday, November 12, and Gross' will
probably be held about Wednesday,
November 14.
Foshag is charged with assault with
a dangerous weapon on Charles Betts,
whom he is alleged to have cut over
the shoulder with an axe last May.
Gross is held on a statutory charge,
the complaining witness being' Minnie
Frederici. George C. Brownell ap
pears for both defendants. J. E.
Hedges appears as a special assistant
in the prosecution of the Foshag case.
No. 5 to Serve Willamette.
The arrangements for the discon
tinuance of the Star route between
Oregon City and Wilsonville are now
complete. As previously announced,
Wilsonville will be served from Sher
wood with lock pouch by rural deliv
ery. Willamette will be served by
Oregon City rural carrier No. 5 with
lock pouch.
Deputy Fish Warden H. A. Web
ster of Clackamas was in Oregon City
on business Wednesday and Thurs
day. .
Willamette Falls Camp No. 148 will
give a benefit dance in armory hall
Saturday evening, November 10. Mu-
sic by Fox's orchestra. - Everybody
invited. t2
Miss Amanda Clear, who had been
visiting Mrs. John Carothers of Ca
nemah for the last- week, returned
Thursday morning to her home at
Sherwood, She was accompanied by
Miss Ada Frost, who will visit with
her a week.
A MATTER QF HEALTH
Eft
Absolutely Purs
A Cream of Tartar Powder
free from alum or phos
phatle acid "
MS MO SUBSTITUTE
OREGON CITY BOWLING ALLEYS
-HIGH SCORE, NOV 7.
L. A. Morris ...: 180
C. B. Frissell," Proprietor.
BETTER
NOT WAIT
to buy canned Corn and Toma
toes short crop and prices will
be high. Large shipment just
in will sell them for. one week
at 3 cans for ...r 25c
Fine new Italian Prunes, rich
and juicy 5c per pound
Large stock of two-year old
Popcorn, sweet and tender
'. 6i4c per pound
Finest Virginia Peanuts, un
roasted, 3 pounds for 25c
Try some of our Special Dairy
Butter Sweet as a nut
'. 60c per roll
Harris Grocery
. 8th and Main Sts.
m "
MOB