ON OTY EN
i1"1"
-Lad
The Enterprise le the
only Clackamas County
Newspaper that prlnte
all of the newa of this
growing County.
The Weekly Enterprise
l worth the price. Com-
pere It with othere and
then eubeonbe.
TERPRIS
riFTYFIRST YEAR No. 42.
IilII
unveiled with
SIMPLE PROGRAI
BRONZE TABLET MARKS SITE
OF THE ABERNETHY FORD
WHERE SETTLERS HALTED
E!
Prominent Members of Daughters of
American Revolution and Oregon
Pioneers Celebrate Event
In the fall ot 1845 a wagon train of
settlers with their stock and house
hold goods drew Into Whitman station
and realixlng that winter was close at
hand decided to make camp there
while the cold season passed by. 80
they stayed and walled for the winds ,
ana imw ioshs urn 7 ... . . -
spring of the neit year they took the
trail again that led across the moun
tains to the unknown land on the
other side, their destination a camp,
named Oregon City. They crossed by
way of Mt. Hood trailing through what
Is now known as the Handy country,
following the line ot Eagle creek and In
the late summer of that year the first
wagon drew op at the ford on the Aber
nethy. across which lay the frontier
town of Oregon City.
Seventy-one yesrs later on Saturday,
the lith day of October, In memory of
that first wsgon of pioneers, and that
tho coming generations may not for
get, a aronie memorial was unveiled by
thels children, on the spot where those
weary treavelera stopped and across
the narrow Abernethy saw their fu
ture home. History tells us that they
started from their homes In Illinois,
Indlaaa and the other states that make
the middle west and, meeting along the
way. traveled the long road together,
crossed the Missouri where Oinana
now crowds the banks, creeping west
up throagh the Matte country. I
It Is history also, that the spot known
aa Whitman Station where they spent
the winter lies some six miles west
of the present city of Walla Walla and
that the train of settlers cut their way
through the Umber to widen the I ml
ian trail, their only road. This road
was named the Harlow road which It
still hoars, named after William Bar
low and a man named Poster who
spent the spring ot '47 in clearing awsy
the falloa logs, the wreck ot the pre
vious winter.
The anvelllng ceremony was held un
der the auspices ot the Willamette
Chapter of the Daughters of the Amer
ican devolution through whose work
the monument was erected.
Prominent members of the Chapter
from Portland were assisted In the
ceremony by members ot the Oregon
Pioneers' association from Portland
and Oregon City. The principal speak
ers of the day were W. It. H. Dufur,
president, and George H. 1 limes, sec
retary of the association. After de
votional led by Hev. W. T, Mllllken.
Mayor K. C. Hackett in an address
welcomed the visitors to tho city. He
spoke of the early days of his father
and grandfather who crossed tho plains
in '46 Bnd '47 and of tho murder of Dr.
Whitman by the Indians and that the
bodies of the five who klllod him wore
burled but a quarter mtlo mt from
the place of tbe monument, closing
with a welcome on behalf of the peo
ple of Oregon City. Mrs. J. M. hnlght
road to the audience a poem dedicated
to the occasion, by June McMlllon Orel
way, entitled, "The Oregon Trail."
Westward they came through storm
and calm
With cheerful hearts and song;
O'er mountains' rugged crags and
heights
With hope they were made strong.
Twas courage led through valleys deep
Whore rivers murmuring flow,
Ever upon the trail the word
Was onward we shell go.
To make a wilderness to smile
With fruit and golden grain,
That they might find content and peace
After the toll and pain.
They sought for homes and this great
west
For them no tears or wall;
Ah! May they all find greater Joys
At ending of the trull.
President Dufur in his address gave
a synopsis of the early history ot the
state, the Indian troubles from 1852
until '69, the hardships of the early set
tlors and the part the people as a
provisional government, as a territory
and a state, took In the affairs of the
nation, in the wars and politics.
George H. Himes, secreary of the
Pioneers, chose as his subject the
"Real End of the Oregon Trail, and told
of the first white man that saw what
afterwards was Oregon City. Dr. Sam
Parker in 1835, and the record tells us
that he stood at the falls of the Aber
nethy and wondered how long before
they would be used by men.
He also stated that the state normal
now located at Monmouth, wsb planned
In his father's home In Illinois and
Inter became a reality In Oregon.
Miss Ruby Starkweather and Esther
Scott unveiled the marker and with
appropriated words Acting Regent Mrs.
W. H. T. Green presented the memorial
to the state regent, Mrs. Isaac Lee Pat
terson, who will be its sponsor. The
musical program was in charge ot Miss
Metta Brown ot Portland.
WAREHOUSES TO BE INSPECTED.
SALEM, Or., Oct. 15. Advices were
received today by Insurance Com
missioner Wells that William J. Dut-
ton, chairman of the department of
national sorvlco, will ordor an In
spection of all warehouses and mills
In Oregon containing food. The In
spections will be made with a view
I
Ily a close vote of 17 to 21, a rso
lutlon by A. J. Uwl, of Muple I Ann,
opposing tho appropriation by Clack
amas County of $1500 for a county
agent was tabled by Pomona Orange
at lkiaver Creek Wednesday after
noon. Mr, Lewis argued that the ap
propriation would mean an additional
tax and that U was not Justified, and
he was supported by Walter Klrchera,
A. M. Klrchem aiu4 8, L. Casto. The
resolution was opposed by C. K.
Spjmco, master of tho state grange
and by Mrs, Maggie Johnson, Sucre
tnry of Pomona grange. The county
agent, It, J. Werner, was present and
replied to a number of questions that
were asked concerning the work of
his office,
Six members received the fifth de
gree. Master Glover, or Kukio Wi
,,re,jttlj Mt the sessions, and the Ilea-
v Cre()k ,, .t up ft toothsome
"
dinner at noon. II. 0. Ixedy, of Cor-
vallls, former state master, who was
accompanied by Mrs. Leedy, and Mrs
lleuch, of Corvallls, made a report
upon tho activities of the state lime
board, of which ho Is a member, and
this was followed by a general die
emotion on the lime situation. State
Master 8penc gave a report on his
recent trip to Washington, I). C.
whore he was instrumental In secur
Ing a better price for wheat for the
northwest farmers. He argued that
necessary farm labor ought to be ex
empted from military draft
The Grange held memorial exer
clses In honor of the late Coorge 1-a
xolle and adjourned fo meet at Mil
waukle the second Wednesday In Jun
uary, 1918, The following program
was presented by the lecturer, Mrs.
Itoffmun:
"Star Spangled Banner," Grange; In
strumental music, Ginther Bros; read
ing, Mrs. Londorgan; song, Mrs. Ha
bel; reading, Robert Troinayne; song,
Mr. and Mrs. Dickinson; organ solo,
Mrs. A, Thomas; song. Mrs. Bertha
Davis; recitation, R. J. Werner; song,
William LUMo; song, Clnther Bros.
CITY OF OSWEGO MAY
. TAKE COOPER CASE
SPECIAL MEETING OF COUNCIL
THURSDAY NIGHT TO
DECIDE COURSE
The city council of Oswego will
meet in special session Thursday night
for the purpose of deciding whether
they will appeal from the decision of
the circuit court in the recent case
ot Cooper vs. the city, which was de
cided against them.
Julia Cooper, a resident of Oswego,
brought action against the city In the
circuit court of Clackamas countj
seeking to restrain the council and lti
officers from spending a certain sura
of money, approximately thirty-eight
hundred dollars, on Front streel
which, within the corporate limits co
lncldes with the county road. Thf
contention of the plaintiff was that the
city had no right to make improve
ments on what jshe contended was a
county road, primarily, although It
might be called a street in the city.
The defendant city contended that
under its charter which was created
by express vote of the people, and the
power given therein to spend money
for improvements hnd the right to so
disburse the fund set aside for this
improvement.
The mayor of Oswego will advise
Attorney J. E. Hedges, who appears
for the defense, of their decision,
Thursday night, William M. Stone, of
Oregon City, appearing for the plain
tiff. Judge Bagley of the circuit court
decided In favor of the plaintiff issu
lng a restraining order prohibiting the
city from making the improvement.
As, the case now stands the city Is
at sea as to what Its rights are in the
matter.
The city of Oswego charter was
created by the express vote of the
people of the corporation and which
charter, the court held did not contain
or give them any 'right to make Im
provements under the circumstances.
In 1917 the legislature of the state
passed a law which provided that
hereafter all municipalities should be
created by the Initiative and accord
ing to the opinion of the circuit court
in this case none ot the cities or towns
created 'Blnce the law took effect
would have the right to spend money
for Improving a street which In any
way seemed to coincide with or be a
part of the county road, since the
court also hold that the county court
(had final Jurisdiction over all county
roads.
The decision of the circuit court
does not effect cities or towns outside
of its own district and not untltl the
supreme court has given out its opin
ion can the decision stand as being
jnpfwTj. tVl"ni)iT,rivl i"'ra
OREGON CITY ENTERPRISE, FRIDAY, OCTOBER 19. 1917.
LIBERTY
LOAN
SUBSCRIPTIONS
REACH BILLION
NEW YORK CLAIMS FOUR TWEN
TY MILLION CHICAGO TWO
HUNDRED MILLION
s
Condition Indicate That State
Will
Do Its Utmost To Reach
Sixteen Minion Goal
WASHINGTON, Oct. 17. All Indica
tions today are that subscriptions to
the second Liberty Loan have passed
the one billion dollar mark.
New York's unofficial estimate to
day was $420,000,000. The Chicago
district claimed at least 1200,000,000.
Oregon's subscription to the Lib
erty Loan has reached more than $5,
000.000, ' which is less than a third ot
the required minimum and only about
20 per cent ot the maximum of $24,
600,600. Nine business days remain to
put the huge task over, but from re
ports reaching campaign headquarters
from up-state cities and towns where
the drive Is gathering momentum hope
Is gaining that the tanners, floe km a
ters, wsge earners and business men
will do their utmost to uphold Ore
gon's record4or first place in patriot
ism on the Pacific coast.
In every community, except where
committee chairmen seem to be Inac
tive, reports of subscriptions Indicate
that from now on there will be a flood
of takers of the war bonds that will
go far oward he goal ot $16,500,000 for
Oregon. Effects of the public meet
ings are showing in Increased sub
scriptions. '
I
FOR THE
NOVEMBER TERM
The jury panel for the November
term ot the circuit court for this coun
ty was drawn Wednesday, the names
of those who will serve are: "H. C.
Gilmore. Canby; O. H. Wright, Liber
al; O. W. Boring, Boring; R. E. Irwin,
Barlow; C. F. Zulser, Sunnyslde; H
A. Kruse, Tualatin; Frank Moore, Ore
gon City; Roy Woodward, Oregon
City; E. R. Leek, Abernethy; E. C
Shull, Canby; J. A. Roake, Oregon
City; James Skinner, Oswego; H. J
Rastttll, Molalla; Elmer Vanfleet, Cot
trell; J. J. Mafchbank, Estacada; F.
W. Stall, Sunnyslde; S. T. Fisher. Can
by; J. P. Hult, Colton; L. II. Trahl,
Union; A. O. Wltcomb, Garfield; R. Q
Ashby, Mullno; W. R. Dallas, Damas
cus; G. C. Armstrong, Evergreen; A,
McConnoIl, Union; J. J. Coleman
Clackamas; P. J. Kaylor, Molalla; O
W. Hatton, Evergreen; L. Hale, Esta
cada; Jos. DeShozer, Dover; W. W.
Lute, Gladstone; and L. W. Roberts
Molalla.
Tho jury will be called to report on
the fifth of November. A new grand
Jury will also be drawn-from among
the list ordered to report for the No
vember term.
C. A. WILLIAMS
OF GLADSTONE
RE-APPOINTED
INDIAPOLIS, Oct 16. Indlapolls
has been designated as official head
quarters tor the Grand Army of the
Republic In a general order issued by
Orlando A. Somers, of Kokomo, Ind.,
commander in chief of the organiza
tion. Among appointments on the
staff ot the commander in chief an
nounced was assistant adjutant gen
eral, C. A. Williams, Gladstone, Or.
C. A. Williams has been assistant
adjutant general of the department ot
Oregon of the Grand Army of the
Republlo for the past ten years. He
resides at Gladstone, Or., and the
headquarters of the Grand Army are
located In room 575, court house
building, Portland.
"I have just been notified of my
appointment," declared Mr. Williams
this morning, "and naturally I feel
highly honored. The duties, I guess,
are largely honorary; at least they
will not be very arduous."
JOHNSON VS. JOHNSON.
Suit was filed in circuit court Mon
day by Winnie Johnson against Carl
S. Johnson alleging that the defendant
deserted her in December of 1913. The
plaintiff asks that she have judgment
against the husband for the Bum ot
seven hundred and twenty-seven dol
lars for taxes paid by her on land be
longing to the defendant and that she
have fifteen dollars per month alimony.
They were married at Portland, May 5,
1M 1 - 1
FRED CARESON
WANTED FOR
DRAFT REPORTS
Fred Careson of the Cherryvllle dis
trict reported to the county clerk's
office Wednesday only to find that he
bad been drafted in the first call for
the army.
When Careson registered be was
employed with a lumber concern In the
Mt. Hood country, later be sustained
a fractured leg by falling eighty-five
feet while going about his work and
was sent to the Portland hospital
where he has since been. Ills mall
was not forwarded from his former
place of work and he failed to receive
his draft notice. He Is still compelled
to use crotches.
LIBERTY LOAN
DAY OCTOBER
PRE8I0ENT IN PROCLAMATION
NAMES OCTOBER TWENTY
FOURTH LIBERTY DAY.
Might of the United States Is Being
MobUixed to Strike Mortal Blow
At Autocracy.
WASHINGTON, Oct. 15.-Llberty
day has been set for October 24
throughout tbe United States In a.proc
laraatlon Issued by President Wilson
with a view to stimulating subscrip
tions to the Second Liberty Loan.
The president's proclamation fol
Iowa:
"By the president ; ot the United
States of America:
"A proclamation: - '
"The second Liberty Loan gives the
people ot the United States an op
portunity to lend their funds to their
government to sustain their country
at war. The might of the United
States is being mobilized and organ
ized to strike a mortal blow at autoc
racy in defense of outraged Amert
can rights and of the cause ot liberty
Billions ot dollars are required to
arm, feed and clothe the brave men
who are going forth to fight our
country's battles and to assist the na
tions with whom we are making com
mon cause against a common foe,
To subscribe to the Liberty Loan Is to
perform a service ot patriotism.
"Now, therefore, I, Woodrow Wil
son, president of the United States of
America, do appoint Wednesday, the
24th of October, as Liberty day, and
urge and advise the people to assem
ble In their respective communities
and pledge to one another and to the
government that represents them the
fullest measure of financial support.
On the afternoon of that day I re
quest that patriotic meetings be held
in every city, town and hamlet
throughout the land, under the gen
eral direction of the secretary of the
treasury and the Immediate direction
of the Liberty Loan committees
which have been organized by the
federal reserve banks.
"The people responded nobly to the
coll of the first Liberty Loan with an
oversubscription of more than 50 per
cent. Let the response to the second
loan be even greater and let the
amount be so large that it will serve
as an assurance ot unequaled sup
port to hearten the men -who are to
face the fire of battle for us. Let
the result be so Impressive and em
phatic that it will echo throughout
the empire ot our enemy as an index
of what America Intends to do to
bring this war to a victorious con
elusion.
"For the purpose of participating
in the Liberty day celebrations all
employes of the federal government
throughout the country whose serv
ices can be spared may be excused at
12 o'clock Wednesday, the 24th of Oc
tober.
"In witness whereof, I have here
unto set my hand and caused the seal
ot the United States to be affixed.
Done in the District of Columbia
this 12th day of October In the year
of our Lord one thousand, nine hun
dred and seventeen and ot the inde
pendence of the United States the
142d.
(Signed.)
"WOODROW WILSON.
"By the president: 1
"ROBERT LANSING,
"Secretary of State."
SANDY COUPLE DISAGREE.
Dessa M. Wilcoxon la plaintiff in
divorce action against Joseph S. Wil
coxon In which she alleges that the
husband is a drunkard and abuses
plaintiff, compelling her to support
herself and children. That shortly be
fore the filing of the action the hus
band took the children and removed
to a farm near Sandy station. They
were married September 26, 1907, at
Mt. Cello, Indiana, and have two chil
dren. Plaintiff asks for the custody ot
the two children and thirty dollars
TWENTY
FOURTH
LIVE WIRES WILL
EXPERIMENT IN
ANGORA GOATS
JUDGE DIMICK WILL PROVE TO
PEOPLE THAT ANIMALS CAN
BE PROFITABLY RAISED
Improvement on Linn Avenue Will
Be Urged by Committee Appoint
d to Appear Before Council
Postmaster Cooke Talks.
Eleven head of pure blooded Angora
goats have been placed on a 4-acre
tract owned by Grant B. Dlralc near
Oregon City and the Live Wires of
the Oregon City Commercial club,
Tuesday appointed a committee to
keep a careful record ot the animals
for the next year. Judge Dimlck pro
poses to make the demonstration,
through the Live Wires, to show what
may be accomplished In raising goats
in Clackamas county. He has been the
butt of consld erable levity on the part
ot the Live Wires regarding his goat
experiments, but he stoutly affainns
that there la more money in raising
goats than in the banking business
and now proposes to make good his
assertions in a practical way. ,
The Commercial club members will
be rounded op tonight to go to Molalla
to attend a Liberty Loan rally, leav
ing Oregon City on a free special train
at 6:45 p. m., over the Willamette
Valley Southern railway.
The improvement of Linn avenue
will be urged by the Live Wires,
through Judge Dlmick, A. A Price and
O. D. Eby, who will appear before the
city council. It was reported by
George W. Buck that the street lead
Ing from the head ot Fifth street to
Mount Pleasant district would be al
most Impassable next winter maless
some Improvements are made to it.
The Wires feasted from a boxof
grapes, donated by O. A. Kruse, a
farmer on rural route one, and lis
tened to Postmaster Cooke, who ex
plained that November 2 the new post
age rates would become effective. All
sealed letters will require 3 cents pos
tage, except drop letters mailed to an
address in Oregon City or on Oregon
City rural routes, which will Btill go
for 2 cents. All postal cords will re
quire 2 cents postage. There has been
no Increase on unsealed letters, which
will still go for 1 cent
T
DRAFT IN INTER
WASHINGTON, Oct 15. Discussion
ot the odvisability cf expediting the
call for the second" Increment of the
draft army now is in progress at the
war department and it appears likely
that the date may be fixed for some
time in December or January.
Mobilization ot the first increment
ot 6S7.000 men Is now far enough ad
vanced to show clearly that there will
be a big deficiency for the 17 national
army divisions. More than 250,000 of
the first increment are still to be as-j
sembled, but it is already evident that
there will be available at the 16 can
tonments quartet-s tor an additional
regiment at each post and at some for
a full brigade of two regiments.
The strength of the new regimen
tal organization is 3600 men. With a
regiment lacking, at each cantonment,
this alone would mean a shortage of
nearly 50,000 men. In addition, there
has been authorized a separate division
of negro troops, which means nearly
30,000 men withdrawn from the orig
inal number assigned to the 16 can
tonments. T
District Attorney Gilbert Hedges in
a motion Tuesday before the circuit
court asked that the grand Jury be
called to take up such matters aa are
called to Its attention. The jury will
be called for October 22nd, five or six
criminal cases will be submitted to
them including the case of Cadiz
Pratt still held in the county jail pend
lng the result of his wife's condition.
DECREE SIGNED
The decree dissolving the marriage
of George E. Beers and Ethel Beers
a was signed by Judpre Campbell in clr-
R
WILL FILED FOR
4
W'VVV' BANKERS ESTATE
tf.vNC'. SIXTY THOUSAND
J.-t AND 80NS HEIRS
The will of the late John W. Thorn
ton, Wllsonvllle banker, was filed for
probate in the county court Monday.
Accompanying the will Is the petition
of Joe J. Thorttton for appointment
as executor of the estate to serve with
out bond. The estate amounts to
about sixty thousand dollars, forty
thousand of which consisting of real
estate and personal property is in the
county of Clackamas, the balance
twenty thousand consist of an interest
In a firm In Illinois, The heirs named
in the will are the wife Kate C. Thorn
ton, of Wllsonvllle, Robert I. Thorn-
s rt 4 . tin i- y - tr
wu. Ul a son,
Thornton, of Wllsonvllle, a son, and
Kate Wolbert ot Wllsonvllle.
The will was executed by the de
ceased on July twenty-first of this year
J. P. Bartles and Frank H. Sttagee of
Wllsonvllle appearing as witnesses.
The property listed in the estate and
disposed of to the beneficiaries consists
of bank stock, real estate and one
half interest in the firm of J. W.
Thornton and Son, grain operators of
Ottawa, Illinois.
The widow Kate C. Thornton la giv
en all the property except the follow
ing, five shares ot bank stock in the
Fanners Bank of Wllsonvllle are be
queatehed to Kate Wolbert also upon
the death ot the widow certain land
lying in secttion twenty-three township
three range one west together with
ten thousand dollars in cash. To the
son Robert L Thornton, of Ottawa, is
given the deceased's Interest in the
grain firm of Ottawa' and upon the
death of the widow the two sons are
given each in cash the sum ot twenty
thousand dollars. Joe L Thornton fur
ther receives in cash an amount equal
to the interest bequeathed to Robert L
"tjornton.
TO
SHERIFF WILSON RECEIVES
CHECK FROM GOVERNMENT
FOR BACK TAXES
Sheriff Wilson ot Clackamas county
Monday received from the treasury
department of the United States a
check for $100,225.18. This is the
payment by the government of all
taxes to date and for a period of three
years past on the Oregon-California
land grant which after several years
of litigation was by a decision of the
courts handed back to Uncle Sam.
The check covers taxes on over two
hundred ninety three thousand acres
ot land In the grant all of which is
situated in Clackamas county princi
pally in the Wilheart and Molalla dia
tricts.
Clackamas county is the first county
in thte state to receive the taxes due
tor any lands in the grant.
This land is contained in the great
area for which the government brought
suit against the old Oregon and Cali
fornia Railroad company later ab
sorbed by the Southern Pacific, upon
the grounds that the railroad company
failed to fulfill its contract in Belling
the land at a certain price to settlers.
POSTMASTER TO
INSPECT . BOXES
FOR SOLDIERS
Instructions were received today by
Postmaster Cooke from the office ot
the postmaster general at Washington
to the effect that hereafter all pack
ages going to soldiers will be subject
to inspection by the postmaster before
they can be mailed. It will be the duty
of the local office to go through the
contents ot each package after which
it can be sealed tor mailing and the
word inspected stamped on the outside
wrapper. In the face of these instruc
tions it will be of little use for the
sender, to carefully wrap the packages
beore taking to the postofflce as each
will be reopened and the contents gone
over.
All parcels should be fully addressed
and marked Christmas mall, included
In the address should be the name of
the company or regiment also the
words American Expeditionary Force.
Packages containing perishable' goods
should not be sent unless the contents
will keep at least six weeks from the
day of mailing and all boxes for the sol
diers should be mailed by the fifth of
November.
EZEKIAL BEERS ESTATE DIVIDED.
Among the other matters handled by
the probate court Monday was the
final distribution In the estate ot Ezek
In P''Prf,l,irwn orrWrrl tVt tha tan
ESTABLISHED 1866
JEFFERSON NEW
FOUND GUILTY
FEDERAL
JENNINGS LODGE CITIZEN IS
FOUND GUILTY BY JURY OF
EVADING DRAFT LAW
HEW IS PROVEN THIRTY
Sheriff Wilson, Deputy Attorney Burke
and County Clerk Harrington Appear
As Witnesses for the Government
The trial ot Jefferson New, Jennings
, ... . ....... Ar
V"3.6. maD Ch.areed W,Ul eyadIn
arau law, was nrougnt to a close in the
United States district court Friday
night, when the Jury after 45 minutes
deliberation, brought in a verdict of
guilty. Tbe trial of the case lasted two
days and many witnesses were brought
from the man's home and from Oregon
City, among whom were Sheriff Wil
son, Deputy District Attorney Burke
and County Clerk Harrington, the gov
ernment was represented in the pros
ecution by Assistant United States
Attorneys Goldstein and Latourette.
! George C. Brownell had charge of the
defense. The outcome of the prosecu
tion was watched with considerable in
terest inasmuch as this is the first
case tried upon a charge of evading the
draft law, ' ' '
The history of the case goes back to
the month ot June when all males be
tween the agea of 21 and 30 were re
quired to register for service in the
army. Shortly after June 5, registra
tion day, Sheriff Wilson was notified
that the defendant New had failed to
register, although It was understood
he was within the age limit The sher
iff, together with Deputy District At
torney Tom Burke and Assistant U. S.
Attorney Latourette immediately start
ed an Investigation to ascertain the
truth of the report, and went to the
home of the defendant at Jennings
Lodge, where the mother showed them
the family bible which gave the date
of New's birth, which according to the
figures placed him above the age limit.
To the officers the date appeared to
have been changed and to make sure
they examined it under a powerful
glass. Their suspicions warranted
their reporting the matter to the Unit
ed States marshal with the result that
a warrant was issued for the arrest of
the defendant charging him with wil
fully failing to register under the pro
visions of the draft act.
He was taken to Portland for a pre
liminary hearing before United States
Commissioner Drake and bound over
to the grand jury under $1500 bonds to
await the grand jury which later issued
an indictment against him.
The defense ot the prisoner was the
fact that he was over 31 years of age
and this the government had to dis
prove before they could sustain the
charge filed aganist him. Members of
the family were the principal witnesses
for the defense, the government estab
lishing the strong point in its case In
the testimony of the mother when she
admitted on the witness stand the date
ot his birth, which would make him
but 30 years of age. Albert Hancock
a brother-in-law of New, testified on
the stand that he heard the family con
cocting the scheme to change the fig
ures of the family bible to show that
the Indicted man was over 31 years of
age. The testimony further disclosed
that the mother had given birth to ten
children, the last one being born some
19 years ago, the prisoner being the
sixth or seventh child. The fact of
the changing of the dates in the bible
was brought out in the testimony of
Sheriff Wilson and Deputy District At
torney Tom Burke, while Mrs. J. Brad
ley testifying for the government stat
ed that a child had been born to the
New family 30 years ago when she
resided as a neighbor to them: The de
fense endeavored to show that this was
Jeff New, who proved to be an older
son.
The defendant had been married,
but his wife sued for divorce some time
in July on the ground ot desertion. In
his closing address on behalf of the
defendant, George C. Brownell stated
to the jury that he could not see why
the United States should be compelled
to pass a draft law when Teddy Roose
velt stood ready to lead an army ot
volunteers to France.
Assistant U. S. Attorney Goldstein in
reply to this read to the jury the proc
lamation of President Wilson calling
the men of America to arms.
MRS. K. NELSON SEEKS RELEASE.
Katherine F. Nelson Is plaintiff In a
divorce action filed in circuit court
Monday against Jens H. Nelson alleg
ing cruelty and drunkeness. The cou
ple were married at Portland, Septam-
COURT