tear?
OREGON CITY ENTERPRISE. . FRIDAY, NOVEMBER
1906.
I
NOVEMBER TERM
OF CIRCUIT COURT
Sellwood vs. Reid occupied the at
tention of the circuit court Thursday.
The morning session was devoted to
the selection of a jury and the open
ing statements of counsel. The af
ternoon session opened with Mr. Sell
wood himself on the stand.
The action is for damages to the
amount of $3000 for the alleged un
lawful cutting down of 34 prune trees
by Fruit Inspector Reid. The laws of
1905 provide that the state board or
any of its officers may cut down trees
Jnfested with any disease such as the
San Jose scale, with which Reid
claims Sellwood's trees were affected.
The plaintitt's contention is that Reid
did not operate within the law in the
manner in which he went at the de
struction of the trees.
' District Attorney Harrison Allen
and Deputy District Attorney Schuebel
are ' conducting the defense. C D.
Latourette appears for the Sellwoods.
it very plain that the defendant was
not compelled to resort to either one
of the alternatives . provided, namely
spraying or cutting down the trees,
but that it was discretionary with him
which method he was to use.
The defense introduced expert tes
timony and produced samples of
sprayed and unsprayed fruit, and rest
ed its case without argument. The
witnesses for the defense were Pro
fessors Cordley and Lewis of Corval
lis, Mr. Swallow, County Inspector
Lewis, Homer Mullen, J. W. Grassle
and Mr. Beard.
BATDORF CASE JURY
AGREE TO DISAGREE
It was 2:30 Wednesday afternoon
"when the jury in the Batdorf case was
f charged by Judge McBride and sent
into the jury-room. It was midnight
when they returned from the room
and brought in the announcement that
they had not been able to arrive at a
verdict. Judge McBride discharged
the jury from further consideration
of the case.
It was evident soon after the jury
was sent out that they were expe
riencing considerable trouble as was
expected. About 6 o'clock further in
structions were asked from the judge
From then until midnight, 11 jury
men had the task of trying to convince
one of them that Mrs. Batdorf was en
titled to damages of some kind. The
eleven men, however, who were agreed
as to her being entitled to damages
had not arrived among themselves at
anywhere near a decision as to what
was due her.
Doings In .Probate.
The will of Mary A. LaMar has been
iiled and petition made to admit same
to probate. Under the terms of the
will all the personal property is be
queathed to the husband. To the
sons B. W. and J. M. LaMar are be
queathed lots 14, 15, 18 and 19 in
Edgewood. To J. W. LaMar is . fur
ther bequeathed the sum of one dol
lar. The two sons are appointed ex
ecutors. The will of Charles Baker was ad
mitted to probate and J. E. Headick
appointed administrator. The estate
is valued at $150.
Henry Johnson of George is made
the legatee and also executor of the
will of Henry Meinke. He is instruct
ed by the terms of the document to
pay to Mary Gibson $50 out of the
proceeds of the estate, the rest going
to himself.
May Keep Papers 24 Hours.
County Clerk Greenman," Wednes
day obtained an order from Judge Mc
Bride granting attorneys the privi
lege of taking out papers in cases
pending before the court for a period
of 24 hours. Because attorneys had
been very careless previously in these
matters and had often taken out pa
pers for an indefinite time, sometimes
losing them altogether, Clerk Green
man refused to let any papers out at
all. The new order gives attorneys
a limited privilege and denies them
this curtailed privilege if they fail to
obey the order and return the papers
within 24 hours.
The Gibson Case.
Next Wednesday the case of Clarin-
da E. Gibson vs. James Gibson, Jr.
will be argued before Judge McBride.
The case presents some very interest
ing features.
The plaintiff alleges that she and the
defendant intermarried . in May, 1905,
and that at the time defendant was
possessed of property which it was
agreed should become the possession
of both after marriage.
Subsequently two sons, Dick and H.
F. are supposed to have treated their
step-mother in very bad style and
made life miserable for her. Then
the husband, too, turned on her, ac
cording to her account, and told her
that he only married her to get the
land away from his sons entirely.
Later he even went so far as to deed
the land to Dick and H. F. and they
finally made life so unbearable for
her that she had to leave.
She is over 60 years, old, claims to
have no means of support and prays
for a verdict of $100 alimony and at
torneys fees, with ' $15 per week for
her maintenance.
The defendant filed an answer
Thursday denying most of the alle
gations and asserting that the wife
left of her own free will, being urged
to do so by relatives, and that she ex
pressed herself as being somewhat
disappointed at her new husband's
longevity. She is said to have ex
pressed the opinion that she expected
him to die sooner when she married
him.
George C. Brownell appears for the
plaintiff and G. L. Story and G. E.
Hayes for the defendant.
It was admitted by the plaintiff that
the trees had some scale on them, and
that he had received notice in No
vember to spray within 90 days. It
was admitted by the defense that
Reid cut down the trees, but not un
til almost six months and elapsed
from the time of giving notice. Judge
McBride ruled that absolute refusal
to spray was not necessary, but that
if plaintiff failed to heed the notice
that was in itself a refusal and ex
empted the defendant.
At the close of the introduction of
testimony, Harrison Allen moved to
direct a verdict for the defendant,
there being no evidence that he did
not act as the statute provided.
C. D. Latourette argued to the jury
the proposition that the inspector had
exceeded his authority by not taking
a milder measure of eradicating the
evil instead of ruthlessly cutting:
down the trees. The construction of i
the statute by Judge McBride made
GOTTLIEB AND MINNIE
MARRIED BY JUDGE McBRIDE.
At 5 o'clock Thursday atfernoon the
two principals in the case which
promised to be the most sensational
on the circuit court docket. The State
vs. Gross, were quietly married in the
judge's chamber in the circuit court
room. Judge McBride performed the
ceremony. Only immediate relatives
were present. Minnie Frederici, the
youthful bride, is but 15 years old
and the groom, Gottlieb Gross, is 25.
The marriage is a happy solution of
a troublesome situation. Gross was
bound over by the justice court re
cently charged with a statutory of
fense. At that time he was deter
mined to fight the prosecution, and
retained G. C. Brownell as his attor
ney. On sober second thought and
at the suggestion of the attorneys in
terested in the case, he decided to do
the right thing and married the com
plaining witness, to whom he was sup
posed to have been engaged for some
time.
The young couple will live on Gross'
ranch south of Oregon 1 City. The
groom is pretty well known in Ore
gon City where he has a brother. The
bride lived with her parents, Mr. and
Mrs. Frederici about three miles south
of the city.
Settled Out of Court.
The two cases of H. E. Cross and
The Gladstone Real Estate Associa
tion vs. The Southern Pacific Railway
company were Thursday ordered dis
missed, and will be stricken from the
circuit court docket. The two actions
were for damages for the destruction
of a barn an its contents, of a total
value of approximately $700. A short
time ago the corporation offered to
settle for about $450, "but their de
murrer was overruled and now the
case has been settled out of court on
someother basis. The litilgation
arose in the first place because of a
fire caused by sparks from defend
ants locomotives.
Sued for Rent.
Suit was begun by Henry Wagner
and Piul Wessinger against George
H. 1 oung for rent due on the premis
es known as the Log Cabin saloon.
The place was rented in February of
this year and the amount due is from
June 1 to November 1, $150. Plaintiff
prays for . judgment for the amount
due and costs and disbursements of
the suit.
The case of the O. W. P. vs. A. D.
Id
For Coughs' that "hang on" there is no bet
ter remedy than Huntleys "White Pine Balsam.
No matter what "Cough Cure" you may have
tried or are trying you have left a stone unturn
ed if you have not tried Huntleys'. You are
close to relief ,and cure when you start to take
Huntleys' White
Pine Bolsom
for all kinds of Coughs, Colds, Sore Throat,
Hoarseness, Bronchitis, etc. Price 25c Your
money back if it ''doesn't do the cure.
HUNTLEY BROS. GO.
The Rexall Druggists
Burnett has been ordered dismissed.
The dispute arose over the right to
cut some trees.
Judgment, and an order of execu
tion was entered against N. Boodean
Wednesday for the sum of $738.80,
$665.70 being the sum allowed Mrs.
Patrick by the jury and $73.10 being
the aggregate costs.
state all the time since their marri
age a good deal of the time in this
vicinity. Desertion; is alleged as the
ground for divorce.
A decree of divorce was granted
Mary F. Biggs from Thos. F. Biggs,
Wednesday morning. Mrs. Biggs . tes
tified that her husband left her' in
September, 1891, after they had been
married but five 'months. The last
she heard of him was over ten years
ago when rumors came -to her that
he had been drowned In .the Snake
river in eastern Oregon.
The couple were married in Oregon
City and Mrs. Biggs has lived in the
Mrs. Annie McDonald was, Tuesday,
awarded the custody of ten minor
children and costs amounting . to
$27.70, the decree of divorce having
been rendered some days ago. The
ages of the children range from one
and one-half years to 17 years.
Mrs. McDonald is a hard-working,
Industrious woman and is apparently
willing and able to make the stupen
dous effort "of 1 supporting so large a
family. The husband has not been
ordered to contribute to their support.
A motion to transfer the custody
of their child from Idella K. White
to her former husband Charles White,
was denied, there being not sufficient
grounds to warrant the change at
this time.
Reduction on all trimmed Hats. Mrs.
H. T. Sladen.
Had a Close Call.
"A dangerous surgical operation, in
volving the removal of a maligant ul
cer, as large as my hand from my
daughter's hip, ws prevented by the
application of Bucklen's Arnica
Salve." says A. C. Stickel, of Miletus,
W. Va. "Persistent use of the Salve
M?ompletelv cured it." Cures Cuts,
Burns atid Injifries. , 25c' at Howell &
Jones' druggists. .
Big Stock Sale.
J. J. Kuntz will sell at his residence,
1 miles east of Beaver Creek store,
on Saturday, December 1, a lot of live
stock and farming implements. The
former include a finely matched team,
other horses, riding ponies, 10 milch,
cows, a bull, lot of calves and other
cattle, hogs, etc. The implements are
in good shape. It will be a big sale
and W.. W. H. Samson is the auction-'
eer. - ,
It appears that the residents of
Alabama discovered a Republican in
the state so they got rid of him by
sending him to Congress.
Of course Mr. Rockefeller believes
implicitly in Providence. Does he not
always advise the public to keep its
lamp trimmed and burning?
s
From the Skies could bring no Greater Boon to the People of
Oregon City than does the Drastic Slaughter of Rosensteios
$20,000 stock of Fine Suits, Overcoats, Pants, Cravenettes,
Hats, Shoes and Men's Furnishing Goods Stock and Womens
Wear in the Monster Fire Sale now at its height at Main St.
Oregon City, 2nd door south of post office.
We. Are At It "r gg" !
The People are flocking in from all directions to share in the Stupenduous Values! All are wel
come to come and investigate our prices and look at our fine stock at such low prices as were
never given to the people of Oregon City before at
Slosciisf
COSTS
fore
Sale
Go where you will and you will find folks discussing the sensational and extraordinary values being
distributed thru the mastadonic Fire Sale of - the Rosenstein stock. People are flocking in from
miles around. Every sort of conveyance is being pressed into service to bring the crowds and hun
dreds are trooping in afoot. - From every point of the compass they come! From every town, city
and hamlet for miles around. Portland is contributing her quota of buyers at this great ( sale. It's
the peoples buying opportunity, a boon indeed to those who care to save dollars hard earned. The
merchandise is but slightly damaged, some not hurt at all except from mussing thru handling. The
Insurance companies have paid the loss; yours the benefit. Nothing reserved! Everything slaugh
tered! Buy now for months, yes for years ahead - 'tis the opportunity of a life time! To miss it is
your loss. ..Competition is helpless! One might as well try to lift himself in a basket as to match
these values! Read!
t i
OVERCOATS AND CRAVENETTES-
This most elegant stock, consists of the best brands known. But
smoke and water has done its work. They will be sold at Fire
Sale Prices. Some of them are in perfect condition, but go they
will and go they must. A big stock. '-
$6.85 Extra fine Overcoats and Cravenettes worth to $15 a.ccord-
ing to condition.
$9.85 Tailor made Overcoats and Cravenettes, worth to $20.00
according to condition.
$12.85 Finest Imported Goods, Overcoats and Cravenettes up
to $27, according to condition.
FIRE SALE PRICES
$4.85 for up to date $12.00 suits, according to condition.
$7.85 for up to $18 suits .according to condition.
$3.85 for up to $25 suits, according to condition.
$12.85 for up to $30 suits, these are as fine as they make them.
SUITS
to fit youths and men from 31 to 46 breast measure, while these
hundreds of suits no man can detect any damage except the
smell of smoke which would go away if aired a few hours ,and
there are others more or leas damaged by water. We assort them
into lots according to condition and cut the very life out' of former
prices. The insurance loss is your gain and in some cases far
less than half price.
MEN'S PANTS
2C00 pair smoke and water damaged.
65c Badly wet, all kinds, worth to $2.00.
$1.35 Fairly good condition, worth to $3.00.
$1.85 Wet, worth up to $4.00. '
$2.75 Damp and wet, worth up to $5.00.
$3.75 Fine All my tailor made worth $7.00.
KNEE PANTS SUI
Watch them go Some for a song. These
Fire Sale Prices is like finding them. Assort
ed according to condition.
35c for a lot of damaged, up to $3.00 suits.
85c for Good condition, up to $3.00 suits.
$1.85 Splendid condition up to $4.50 suits.
$2.85 Extra Fine, Suits up to $6.00.
CHILDREN'S OVERCOATS
$1.35 $1.85 $2.85 $3.85, Good order worth
$3.00 to $8.00.
WOMEN'S WEAR
Ladies Jackets about 200 of them fine
ones at that but they got wet.
69c for choice of up to $10 Jackets.
50c for values up to $8.50.
Ladies U. Suits 50c $1.25 values.
Ladies' Skirts, $1.45 $3.00 values.
Ladies' Hose, 10c 25c, values.
WOMEN'S SHOES
Get here quick like finding money.
90c Big lot of little damp up to $2.50 values.
$1.65 Perfect condition, smoke smell, to $3.
$2.35 Fine Dress, etc, worth up to $3.50.
Watch paper for new prices daily in a few
days' they are gone..
MEN'S SHOES
2000 Pairs a little water, lots of smoke.
95c for Men's $3.00 values.
$1.65 Calf, velour, etc worth to $3.00.
$1.95 Patent Vici Calf, etc. worth to $3.50. .
$2.65 Takes our fine Hand Bench Made, up
to $4.50.
MEN'S AND BOYS' FURNISHINGS
Damp, Smoke, Broken Boxes, Etc.
Mixed lot of sox, all kinds, 45c doz.
25c sox 3 for 25c or 90c doz.
35c sox( 3 for 50c.
63c J3oys' Sweaters, $1.50 values.
44c Boys' Sweaters, $1.25 values.
$3.00 Men's Sweaters, $5.50 values.
$4.50 Suit Cases, $750 values.
UNDERWEAR I
43c wool fleece, etc, all kinds.
95c Wool stock, many kinds up to $2.00.
SHIRTS
15c Soiled and mussed, all kinds.
45c Fine Golf and Negligee, worth $1.50.
45c Best of Good Dress Shirts, w;orth$1.25.
CHILDREN'S SHOES
Wet, Smoke, Broken Sizes, etc., 35c pair up
$2.25 values, $1.25. -
Men's Hats -
The firement raised Cain in the Hat stock
i
the insurance company paid for the
trouble.
85c Mixed lot $2.50 and $3.00. .
$1.35 Soft and stiff worth to $9.50.
$1.85 Soft and stiff worth to $3.50.
$2.75 John B. Stetson $5.00 and $6.00 Hats.
This big fire loss gives you a fair, square
chance to visit a genuine fire sale and buy
the very best of everything at prices that
no one can help but appreciate. The in
surance companies stood the loss. The peo
ple surely can stand the gain. Delay no
longer; such values cannot last get in and
share ere in a few days they're gone. Watch
paper daily for new prices.
9
osenstein s
ire tale
2 doors south of post-office
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