THE MOBNTNGr 0&EGOTLAJg, .FBrD-Y, 3A3? LfAJb&Y 11, 1885.
8
STEEYES 'GI7BU BAIL
SICDGE STEPHENS ALLOWS HIM
CHANCE TO LEAVE JAIL.
e? IWHl Donbtlesa Be Free Today
Tke LisB-Cosntr Bank Failure
jj Coses la Court.
X. N. Stceves -was yesterday admitted
io bail In the sum of $10,000, by Judge
Stephens. A 6 o'clock last night Steeves
-was still In Jail. The bond of $10,000. signed
by VT. O. Allen and L. P. W. Qulmby.
expired, -when Judge Stephens revoked his
first order allowing ball, and a new bond
lias to be prepared. Steeves expects to
be at liberty today. He did even
iave slight hopes of his release last night,
provided his counsel had time and suc
ceeded In arranging bis bond satisfactor
ily. No doubts are expressed 1y him or
his attorneys, that the required bondsmen
jsyill readily be secured.
District Attorney Hume opposed the re
lease of Steeves on bail before Judge
Stephens yesterday, with all' the force of
argument -which he could command. He
xeligd upon his position under the sec
tion of the statute which reads: "The de
fendant cannot be admitted to ball when
a proof or presumption of bis guilt is
evident or strong, and when he Is charged
with the crime of murder in any degree,
or treason, or with the Infliction of a
personal injury upon another, likely to
produce death, and under such circum
stances as that if death ensues, the of
fense would be murder In any degree."
Counsel for Steeves claimed this section
did not operate Jn this case, as Steeves
now stood convicted of manslaughter, and
not murder in any degree, and manslaugh
ter was bailable. They quoted from the
Btatutes, sustaining their proposition of
law.
District Attorney Hume contended that
Steeves bad been convicted of a degree of
snurder, and that the evidence of hl3
guilt was strong. The defendant stood in
the same position now as he did on the
day of arraignment The verdict of the
jury did not affect one whit the applica
tion of ball. He said: "Suppose Steeves
should bring habeas corpus proceedings
fcefore another court, in case your honor
refuse this application. The other court
would inquire injp the case with a view
tto the enormity of the offense. The sher
iff would show that he held his prisoner
jupon a charge of murder."
Continuing, District Attorney Hume said
ithere was no such crime as manslaugh
ter. There was a crime the statutes
""deemed" manslaughter, and that it was
murder. The defendant could not be tried
for any other crime but murder, and it
was also injudicious to admit Steeves to
ball.
Rufus Mallory, in behalf of Steeves, held
(that It was sheer nonsense to maintain
.that manslaughter was murder, and that
a person charged with it could not give
JbaU. He understood that there had been
tome objection to the bonds which had
5een offered. This, he understood, was
Ahe reason for its rejection. The ques
tion, he said, whether the defendant was
tentltled to bail, answered itself.
Judge Stephens consulted the statutes
Which had been read during the argument
iby counsel, and said he was satisfied that
Steeves was entitled to ball, and he would
allow the application, the bonds to be
$10,000. This was his original decision,
when he allowed ball with the consent of
Sir. Leasure, special assistant prosecutor.
Nothing was said yesterday that any
tobjection would be made to the former
bondsmen, "W. O. Alter and L. P. W.
jQulmby, should they again present them-
Eelves.
.THEY AVAST TIIEIIL CLAIMS PAID.
ffrylnjr Adjust the Indebtedness
of the Lcvrlaton Estate.
Judge ICorthup was occupied nearly all
of yesterday in hearing the arguments
of counsel for the creditors of the estate
of Elizabeth Lewistcn, asking for the
payment of their several indebtednesses
against the estate, amounting all- told to
520.000. airs. Elizabeth Lewlston died Feb
ruary 8, 1S93. At that time the indebted
ness against hero estate was estimated
to be MW0, and tho appraised value of all
property was $50,000. By order of the
county court, the International hotel,
which Mr. and Mrs. E. Lewiston conduct
ed for many years, was continued in op
eration by the administrator. Times were
sot good, and the hotel ran behind about
51000 per month, and, before it was ordered
closed, the indebtedness of tha estate was
increased $11,000, making a total of $20,003.
.The arguments made yesterday in tho
county court were in behalf of a de
cision by Judge Northup, as to the man
ner la which the claims aro to be liqui
Uatcd. The estate is Insolvent. When the
property belonging to it was sold recently,
4t brought in total but $15,503. The county
judge refused to confirm this sale, except
to tho extent of two pieces, which real
ized $1200, and will order a second sale
of tho balance of the real estate at a. fu
ture date. In view of the prices obtained
at tho sale, the creditors think their claim
of tho Insolvency of the estate is justifi
able, and desire the county court to decide
which claims shall have priority. The
case was taken under advisement.
COXTEMPT CASE CONTINUED.
Jurors In the Bunco Kelly Case Ar
raigned Before JudKc Stephens.
Judge Stephens yesterday continued un
til Saturday, January 19, the contempt
proceedings against the jurora in the
"Bunco" Kelly trial. The jurors were all
present in court, in accordance with the
order of court, and when all had been
seated. Judge Stephens called upon Dis
trict Attorney Humo to know if he had
prepared a petition or affidavit setting
forth the contempt charged against the
jury. Counsel for the state answered
that ho had not done so. Judge Stephens
then directed the district attorney to
irlnff such proceedings .according to the
section of the statute governing such
charge, and then ordered the continuance.
Tho names of the jurors are J. B. Kel
logg, A. W. Powers, Albert Tozler, A. C.
Edmunds, James Menzles. B. S. Rellly,
"W. P. Kummell, A. Goodnough. Charles
Bivcrs, Mert E. Dlramlck, Thomas Hunt
ington, John McKernan and A. "W. Pow--ent
Tho nature of the offense committed by
the jurors has not yet been given out.
Report has it that they are to be over
hauled for talking concerning the case
during its trial, and before it was sub
mitted to them for consideration.
The alleged attempted bribery of Juror
Huntington will doubtless be brought up,
and this may be the only subject which
the court desires to interrogate the jury
abouL Courthouse gossip has it that the
jury talked about tho case during the
trial.
Accused. Persons Arraigned.
The following persons, Indicted for va
rious offenses, were arraigned before
Judge Stephens yesterday, and are to
Xlead Monday: George Mayerle, larceny;
Thomas Madden and John Cronin, lar
ceny; J. D. Burke, Thomas Selder and
Henry Knapp, larceny: Jennie Morgan,
adulters-; Ah Wing, Fong Him, Quong
Zjoy, and Lee Hln, for having lottery
tickets in their possession.
George "Wilson Turnbull pleaded not
guilty to stabbing James Cunningham,
and his trial was set for February 6. The
name of Charles Smith, indicted with
David Humphrey, for larceny, is to be
altered in the indiotment to Charles But
ler, his true name.
and both ask for the same relief, both
were tried together. Defendant Cowan
was practically the Bank of Lebanon, and
was also president of the National bank
of Linn county, In Albany Both banks
failed. The Lebanon bank, owed the Linn
County bank some $23,000, and the Bank
of California about $6000. Cowan, who
was, as has been staed, practically the
Lebanon bank, transferred and assigned
all his property for the benefit of cer
tain preferred creditors, among whom
plaintiffs were not Included. They have
brought suit to have the transfer set
aside, as in fraud of creditors, eo that
they can come in and get en equal share
of the property.
A Nasty Case on Trial.
The divorce suit of George Sheppard vs.
Matilda Sheppard was tried before Judge
Stearns yesterday. The ground for ask
ing a dissolution of the matrimonial bonds
is adulters'. The Sheppards formerly re
sided at Latourelle Falls, and, while
there, Sheppard complains that his wife
became unduly intimate with Joseph La
tourelle. An Indictment against Mrs.
Sheppard and Latourelle is pending in
Judge Stephens' court. Much of the tes
timony adduced at the trial was of a
prurient nature. Mrs. Sheppard denied all
of the charges against her made by her
husband, and alleged that she had always
conducted herself properly, and in every
way assicted him, and had turned over
to Mr. Sheppard, to purchase community
property, $700 obtained by her from her
father's estate. The attendance in court
was small. As there is considerable evi
dence, and it was not concluded at the
adjournment hour, the further hearing of
the case was continued until January. 18.
Salt for an Inheritance.
Yesterday Judge Hurley was engaged
in hearing the suit of Scott Bozorth vs.
B. O. Paddock, instituted by Bozorth to
recover, as lawful heir, one-sixth Interest-
in the donation land claim- or nis grana
mother, Nancy Williams. The contention
is that John A. Wilianrs, after the death
of Nancy Williams, his wife, sold both
his own property and also his wife's es
tate, and that legally he nad. only a ure
lease In the donation claim of hi3 wife.
Paddock was the purchaser of the Nancy
Williams claim, and Bozorth is suing
for his legal inheritance of his portion
of it The case has not yet reached its
conclusion. ,
The Late 3Ir. Caesar's Will Filed.
The will of Clement SIgmund Frederick
Caesar was admitted to probate yester
day, and Richard Koehler was appointed
administrator, with bonds fixed at $50,000.
The estate is valued at $30,000, and is be
queathed to heirs in Europe. The prop
erty of the testators is in Oregon, and is
to be sold by Mr. Koehler to pay the
devises. The contents of the will have
been published.
Two indictments have been returned
by the grand jury against Fred Berger,
of larceny, from the dwelling of J. A.
Jensen, and that of H. Hamilton. Berger
.was arraigned and asked until Monday
to plead.
Conrt Notes.
Erlck Olson, administrator of the es
tate of John A. Soderstrand, has peti
tioned the county court for leave to dis
tribute $300 among the heirs.
Suit has been filed in the state circuit
court by the Bank of British Columbia
vs. the Oregon Vitrified Brick Company
to recover $612 05 on a promissory note.
Licenses to wed were issued yesterday
for F". IL Wilson, aged 40, and Amanda
Capper, 24; J. B. Davidson, 35, Lizzie
Chambers, 26; F. J. Coyne, 3i, Clara
Severt, 34.
A suit of M. G. Raney vs. G. 'A. Wiser,
Involving $359 23 In a transaction in onions,
was tried before Judge Hurley and a jury
yesterday. The verdict was for the full
amount sued for.
W. S. James, executor of the estate
of Luke James, has petitioned the county
court for leave to sell a tract of land
of 110 acres of the probable value of $500,
to liquidate indebtedness against the
estate of $753 53.
A decree was rendered yesterday by
Judge Stearns in the suit of the Guar
anty Savings & Loan Association vs. A.
Davis Burdick, for $907 52, and that a
mortgage on lots 3 and 4, block 4, Mount
Tabor Villa, be foreclosed.
BOOK DEAL CLOSED
PAPERS SIGNED, AND THE TRUST'S
VICTORY COMPLETE.
A! Fall List of Text-Book f er Oregon
Schools Price LoTrer Thaa
, Ever Before.
Captain R. L. Edwards, manager of the
American Book Company's local offices,
returned from Salem yesterday, bringing
with him a copy in duplicate of the con
tract which binds Oregon taxpayers to
purchase for their children during the
next six years school books published
by that company. The contract is signed.
on behalf of the state, by the several
members of the state board of education.
The book company gave the $40,000 bond,
required by low, for the fulfillment of its
obligation. Colonel John McCraken and
Judge George H. William attaching their
signatures to the paper as sureties.
An official canvass of the vote shows
that the American: Book Company's books
received about 70 per cent of the total
vote. It required but a majority vote on
each book to elect, and, of course, many
books received only the necessary num
ber of ballots; but many others received
almost every ballot cast, and the average
was doubtless most satisfactory to the
representatives of the American Book
Company.
The following is the schedule of prices.
The first column is the exchange price;
second column introduction price; third,
wholesale price at Portland; fourth, re
tail mailing price at Portland; fifth, state
contract retail price:
be still further served by our company
offering and guaranteeing a second re
tail or mailing price on our books from
the city of Portland. There are a large
number of towns in the state where there
are no dealers In school books; and again,
country districts, even where depositories
are established by the board, in a very
large number of cases would be obliged to
send a long distance to these depositories
for their books, which would cause not
only delay, but an additional expense In
securing books. In order to obviate this,
and to place all sections of the state on
an equal footing, we offered a second
retail or mailing price from Portland.
This will enable country districts, remote
from towns or our school pafrons in the
smaller towns, where there are no deal
ers, to 6end to us direct for their books,
receiving them at the very lowest possible
prices. We have found in the year past,
during which time we have had a branch
house established in Portland, that a very
large number of teachers and school pat
rons throughout the entire state have
availed themselves of this opportunity to
have books mailed to them at our list
price, and we believe that the more gen
eral circulation of these prices, and mak
ing them a part of our contract with the
state, will enable school patrons to take
still further advantage of these reduced
prices."
Captain Edwards wijl leave on Saturday
evening for Montana, to engage In a
fight similar to the one he has just won
in Oregon.
ODORS OUT OF ORDER
TVHO IS
RESPONSIBLE
DAMAGES t
FOR THE
The Committee: of Health, ana Pellce
OAcials Discussed, the Matter at
Lcngta Yesterday.
A DRAMA IN COURT.
I Actors Take Part iai a Performance
With, the Usual Ending Marriage.
The Chicago comedy company, a barn
storming dramatic organization, after a
disappointing tour over a rather limited
TITLES OF, BOOKS.
Swlnton's New Work Analysis
Webster's Primary Dictionary.
Webster's Common School Dictionary..
Webster's High School Dictionary
Webster's Academic Dictionary
New National First Reader
New National Second Reader
New National Third Reader
New National Fourth Reader.
New National Fifth Reader.
$ .20
FREE-SILVER TALKS.
A Mcctlnsr of Several Hundred at
Central Labor Hall.
Spencerian Copy Books, Revised Edition
Tracing, Nos. 1-4
Shorter Course, Nos. 1-7
Common School Course, Nos. 1-7
Business Course, Nos. 8-11
Maxwell's First Book in English
Maxwell's Introductory English Grammar
Maxwell's Advanced English Grammar.
National Number Tablets, Nos. 1-12
Fish's Arithmetic No. 1
Fish's Arithmetic No. t'
Monteith's Elementary Geography
Montelth's Comprehensive Geology Oregon Edition..
Smith's Primmer of Physics and Hygiene
Smith's Elementary Physics and Hygiene
Steele's Hygienic Physiology
Peterman's Civil Government Oregon Edition
Barnes Primary History. United States
Barnes' Brief History, United States
Barnes' General History, United States
Loomis Progressive Music Lesson Book 1
Loomis' Progressive Music Lesson Book 2
Loomis' Progressive Music Lesson Book 3
Loomis' Progressive Music Lesson Book 4
Loomis Progressive Music Lesson Book 5
Song Wave
Montelth's Popular Science Reader
Robinson's New Elementary Algebra
Robinson's Geometry
Bryant & St rat ton's Commercial System of Bookkeeping
ward's Business Forms, ios. l and -
Ward's Business Forms, Nos. 3 and 4
Steele's Popular Zoology
Steele's Popular Chemistry
Steele's 14 Weeks in Botany
Steele's Popular Physics
Steele's New Descriptive Astronomy ,.
Steele's 14 Weeks in Geology. ..
Gow's Good Morals and Gentle Manners
Kidd's New Elocution and Vocal Culture
.23
.30
.35
.20
.35
.35
.60
.20
.30
.48
.35
.60
1.28
.11
.14
.19
.32
.45
.45
.60
.90
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1-.00
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1.35
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1.10
1.10
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1.10
1.10
Title of Books.
To Set Aside Transfers.
In the United States circuit court yes
terday. the cases of H. M. Beale. receiver
of the Linn County national bank. vs. J.
L. Cowan et a!., and the case of the Bank
of California against the same defend
ants, came up for a final hearing. As
plaintiffs In both cases rely upon the
tame testimony to sustain their cases, ( Put ln an appearance.
About 300 persons, many of them mem
bers of the Central Labor Council and
affiliated unions, gathered at Central La
bor hall, in the Union block, last even
ing, to listen to a number of addresses
on free silver. A score or more of ladies
were present, and occupied front seats,
while one occupied a seat with the speak
ers of the evening on tha rostrum. Mr.
WInsor, whose political aspirations led
him to place his name on the populist
county ticket last June, acted as chair
man and introduced the speakers, prom
inent among whom were Colonel Frank C.
Drake and Judge Hare, of Hillsboro.
After a few preliminary remarks by
the chairman. Colonel Drake read a care
fully prepared speech. It took him about
an hour to get through with it, and while
his auditors listened attentively, they did
not show much enthusiasm until he had
turned the last page, when they made
the hall ring with their applause and
cheers.
A young man, who was introduced as
"Brother" Fitch, received a flattering re
ception. He announced that he would
speak "from a labor standpoint, and
opined, at the outset, that the monetary
question was not the foremost one for
laboring men to consider. He declared
that the demonetization of silver was the
greatest robbery ever perpetrated upon a
free people, which declaration the audi
ence seconded with thundering applause.
The remainder of his remarks he confined
to the discussion of a circular he, as a
"one-horse editor," as he designated him
self, had received from some Wall-street
brokers.
The only lady on the rostrum was then
introduced, the chairman omitting to men
tion her name. She declared that it was
shameful for the government to attempt
to cripple the greatest industry of the
West mining when the Western people,
notably the miners, had filled the treas
ury at Washington with gold and silver
from the mines during the civil war. She
also recited a long poem, depicting the
advance of civilization Westward, and
drew a sad picture of the want and pov
erty now existing in the country. She
showed considerable histronlc ability.
Judge Hare was tnen introduced, and
spoke for 20 minutes In discussing the
topic of the evening, spending the great
er portion of his time in discussing the
monetary system now under consideration
at Washington, and in attempting to re
fute the arguments set forth In The Ore
gonian. His address was listened to with
the closest attention, and he was fre
quently cheered and applauded as a cham
pion of the cause. Before commencing
his address, and after he had concluded.
Judge Hall extended an Invitation to any
champion of the "gold-bugs" present to
come forward and refute the arguments
presented by himself and colleagues, but
his invitation met with no response.
Several other speakers from among the
audience expressed their views, and then
the chairman read the customary resolu
tions, which were adopted.
As the audience was rising to leave the
hall, an individual, who bore the appear
ance of a laboring man. advanced to the
platform, and commenced to "fire" ques
tions at the speakers, who were just
preparing to leave. He was received by
the audience with laughter and jeers, and
as he could not make himself heard, final
ly retired. It was almost 11 o'clock when
the meeting adjourned.
Neither of the free-silver candidates for
the United States senate was present, nor
did any notable chamoion of the cause
,. . I
jononnors xsaiurai aeries:
Book of Cats and Dogs.
Friends in Feathers and
Fur
Neighbors with Wings
and Fins
Curious Flyers, Creepers
and swimmers
Neighbors with Claws
and Hoofs
Glimpses of tho Animate
world
Johonnot's His. Series:
Grandfather's Stories...
Stories of Heroic Deeds.
Stories of Our Country
Stories of the Olden Time
Ten Great Events in His
tory
Geographical Reader..
.54
1.00
.27
.30
.40
.54
.54
1.00
.90
.54
1.00
.27
.30
.40
.54
.54
1.00
.20
.60
1.10
.30
.60
1.10
Elective list of supplementary reading I circuit, gave a speqlaj performance In
for primary and grammar schools: I Justice Geisler3 courtyesterday. The plot
of the play was centered in an old valise
and contents'belonglrig'to Miss Katie Oat
man, the leading lady, which she valued
at $15. W. D. Turner and Clara Lane
each had a part to play, given' them on
sudden notice. It was the role of defend
ant, and the cues given them by Assistant
Prosecuting Attorney Fitzgerald were
more or less embarrassing. After the
leading lady had established the fact that
at one time in her life she owned a valise,
a pair of stage trousers and a Spanish
jacket, the defense produced their testi
mony. The leading man, T. J. Coyne,
whose stage name is James Wallace, said
that the valise was held to secure the
unpaid salaries of members of the com
pany and he also incidentally mentioned
that he lived in room 10, at 303& Washing
ton street.
Clara Lane was another witness for the
defense, and said she had given the valise
to Turner when a demand was made for
it. She. said a good deal more under the
Inspiration of the Inquisitive prosecuting
officer's remarks, among other things say
ing that she also lived in room 10, at 303
Washington street. This was regarded as
a peculiar circumstance, and, before she
left the stand, she admitted by her own
testimony facts that compelled the ar
rest of both herself and Coyne, charged
with lewd cohabitation. Both were taken
to jail. They remained there about two
hours, failing to furnish $100 bail. Then
the couple found a way of escaping pun
ishment by getting out a marriage li
cense and becoming man and wife. They
left the jail about 5 o'clock on their bridal
tour to 303 Washington street. In the
marriage license Miss Lane appears as
Clara Severt and Mr. Turner as T. J.
Coyne. In the larceny case, the two de
fendants were fined $23 each, but sentence
was suspended.
Elective list of supplemental reading for
advanced schools and high schools:
Irving's Sketch Book Se
lections 20 .18 .20 .25
Irving's Tales of a Trav
eler 50 .45 .50 .55
Scott's Ivanhoe 50 .45 .50 .55
Scott's Lady of the Lake.. .30 .27 .30 .35
Scott's Abbot 50 .54 .60 .65
Scott's Marmion 40 .36 .40 .43
Scott's Woodstock 60 .54 .60 .65
Macaulay's Second Essay
on Chatham 20 .18 .20 .25
Shakespeare's Julius Cae
sar .:. 20 .18 .20 .25
Shakespeare's Twelfth
Night 20 .IS .20 .25
Shakespeare's Merchantof
Venice 20 .18 .20 .2a
Shakespeare's Midsum
mer Night's Dream 20 .18 .20 .2a
Webster's Bunker Hill
Oration 20 .IS .20 .25
The De Coverley Papers
from Spectator 20 .18 .20 .2a
Arnold's Sohrab and Rus
tum .20 .IS .20 .2a
Emerson's American Schol-j I
ar, Self-Reliance. etc ( .20 .18 .20 .25
A PARASITIC FUNGUS.
The! Black-Spot Disease Affecting: the
Apple Trees Is Defined.
Brooks' Mental Arithmetic is also re
adopted. It is published by the Chris
topher Sower Company, Philadelphia.
There not being a majority of votes (21)
cast for any one book in the following
branches of study, the two books having
the highest number of votes will have to
be resubmitted to the county superin
tendents and state board of examiners
for another vote. Subjects as follows:
Spelling Watson's Complete Speller;
Reed's Word Book.
Composition and Rhetoric Waddy's
Composition: Hill's Elements of Rhetoric
Physical Geography Guyot's Physical
Electric
English Literature Smith's Studies In
English Literature; Cathcart's Manual of
English Literature.
Spelling Blanks Manson's spelling
blanks; Merrill's Writing Spellers.
Drawing Thompson's Electric
Most of the above books are also pub
lished by the American Book Company.
A comparison of the new and old con
tracts with the company shows an ap
parent reduction of about 25 per cent In
the prices of school books. Under the
present law, the contract made and bond
given are designed to afford protection
to the people who must foot the bills by
Drovidlng for the uniformity of prices all
over the state and maintenance of the
same by establishing repositories through
out the state. A representative of the
company last evening called particular at
tention to the low retail mailing price of
books in Portland. It is, he said, the
same as the New York price. In this con
nection, he said:
"While the law provides that publishers
shall submit In their proposals an ex
change. Introductory, wholesale and re
tail price to be maintained by them In the
state, and the state board of education
have designated certain places In each of
the different counties of the state where
sub-depositories shall be established by
publishers and the prices maintained in
such places, we believe that the Interests
1 cf the school patrons of the state will
Advices received by the Oregon state
board of horticulture from Professor New
ton B. Pierce, the government agent who
recently spent about two months in this
state and Washington, studying the dis
ease affecting the apple trees, which has
commonly been termed by the growers
"black-spot," show that his investigations
have been carried far enough to prove
that it is a parasitic fungus. From the
study made in the field wnlle here, and
of the specimens he took to his laboratory
at Santa Ana, Cal.t he is now trying to
determine its life history.
The importance of Professor Pierce's dis
covery to the Oregon fruitgrower cannot
be overestimated, as it removes the doubt
on the part of many as to the nature of
tho disease, and provides a remedy for its
control. It will be remembered that a
portion of the trunk and branches of a
5-year-old apple tree from Mr. Chase's
fine young orchard was sent by the board
of horticulture to the department at
Washington last spring for identification,
and that it was new to them. It was at
the urgent request of the board that Mr.
Pierce was Instructed to visit this state
and investigate the trouble.
It is pleasing to the fruitgrowers to
know the result of Mr. Pierce's investiga
tion at this season of the year, as they
can begin operations to keep it under con
trol at oncTe. He states that the treatment
should be preventive rather than curative,
and recommends the use of the Bordeaux
mixture during the rainy season. Fre
quent applications should be made to the
affected parts.
In the spring, frequent applications of
the lime, sulphur and blue vitriol spray
will no doubt be very effective
Sentenced to Terms in Jail.
Ella Malllns and William Kramer, in
dicted for adultery, were arraigned yes
terday before Judge Stephens. They both
pleaded guilty. Kramer was sentenced to
six months in the county jail, and the
woman to serve a three-months' term.
The complaint was ,made by the husband
of Mrs. Mallins.
The committee of health and police held
a crematory sociable yesterday, not ex
actly to raise funds to pay for repairs to
the crematory, but to endeavor to ascer
tain who was responsible for the damages
and who must pay for them. As It was
the first crematory function for some time,
there was a rather largo and "interested"
party present, including Messrs. Hobkirk
& Mackenzie, the contractors for the cre
matory, with their counsel, Mr. Thomas
Strong; Messrs. Bratton, Fisher and other
members of the Oregon Fertilizer Com
pany, which; has the contract from the city
to operate the crematory and destroy the
city garbage for $500 per month, with Mr.
Charles Schnabel as counsel; and the
committee on health and police, Messrs.
Jones, Monks and Burnslde, backed up by
the city attorney. When there was a wit
ness on the stand, and when the three
lawyers, the chairman of the committee
and representatives of both "contracting
parties" were talking at the same time,
there was a scene of delirious hilarity
fully up to the ordinary ID-cent church
sociable in point of interest, and calculat
ed to bring down stenographers and re
porters baldheaded to untimely graves.
The public, which has always taken an
intense interest in tha garbage crematory,
will remember that Messrs. Hobkirk &
Mackenzie built it for the city for $15,000,
and agreed to give a working test of two
months, after which, if satisfactory, it
was to be accepted by the city. The con
tractors further agreed to keep the cre
matory in working order for one year.
The test was made, considered satisfac
tory, and the crematory accepted and
turned over to the Oregon Fertilizer Com
pany, which was to operate it. After it
had been operated a short time, the
wrought-lron bell, or stopper, for closing
the top of the furnace and preventing the
odors from escaping, burned out, or up,
or, at all events, was rendered useless,
and the crematory was disabled.
The committee called on Hobkirk & Mac
kenzie to repair the bell. They declined,
on the ground that they were only re
quired to make good the ordinary wear
and tear of the crematory, while this was
an extraordinary and unnecessary dam
age, brought about by the carelessness,
willful negligence or incompetence of the
parties operating the concern.
There was urgent necessity for the re
pairs, because while the crematory was
idle the city had to pay the fertilizer
company for operating it and disposing
of the garbage just the same as if they
were doing so in fact, and also had to
lease a dumping-ground for the garbage
and pay for Interring it at a considerable
expense. The committee employed Hob
kirk & Mackenzie to repair the bell and
fix things up, promising to pay them $600
for the job if things went on all right.
That bill was presented in due time, but
tho council would not pay it, and insisted
on the committee fixing the responsibility
for the damage on some one, and, if pos
sible, relieving the city from the respon
sibility for the bill for repairs. And so
it was with a view of doing these things
that the sociable was held in the committee-room
yesterday.
The day was spent in examining four
witnesses, Mr. Milllgan, engineer of the
fertilizer company; Mr. Magner, its fore
man; Mr. Middleton, a superintendent, or
general factotum for Hobkirk & Macken
zie, and Mr. Hobkirk himself, with brill
iant sallies of forensic eloquence, wit and
sarcasm from tho trio of counsel, and ef
forts on the part of Chairman Jones to
hold the whole crowd level.
It may be stated here that the results
of the investigation amounted practically
to nothing. Messrs. Hobkirk & Macken
zie, ably seconded by Mr. Strong, sought
to show that the crematory was a good
one, and that the injury to the bell was
caused by no fault of theirs, but must
be attributed to the fertilizer company.
The fertilizer company disclaimed all
idea of having done anything to cause the
disaster, but intimated that, if it had, it
was none of its funeral, as it was operat
ing the concern for the city as agents of
the city, and if it had caused the damage,
the city was responsible for it.
The testimony of Mr. Middleton was
most pertinent to the matter in hand.
He told hdw the bell had fallen down
once and been gotten up and attached
again to the cable, by which it was
hoisted and lowered, and gave it as his
opinion that the cable had not been run
through the gearing right, but had been
so placed that It rubbed across a piece of
wire and the friction wore it off. Of
course, while giving this opinion, Mr. Mid
dleton was interrupted by counsel, who re
quested him to confine himself to facts,
and tell what he knew, and not be giving
his opinion.
Then the question of who took the
bricks out of the flues and increased the
draught so as to burn tho bell, was
brought up.
Mr. Magner admitted that he had taken
out the brick, but claimed he had fol
lowed all instructions of Middleton in
letter and spirit, except in removing the
brick. He could not keep the bell up, as
he had several horses in the furnace,
and, having been warned by Middleton
that the place might blow up, he took out
the brick and reported the matter to the
fertilizer company. He thought there
were sufficient dampers to regulate the
draft
When Mr. Hobkirk was put on the stand
he was interrogated by Chairman Jones
as to whether the crematory was built
according to the specifications or not, and
it developed that there had been a plan,
but no specifications, and the crematory,
as Mr. Strong remarked, had been built on
acceptance.
City Attorney Giltner said Hobkirk &
Mackenzie were bound to keep the crema
tory in repair, and, if they could not prove
that the damage was done through the
carelessness of the fertilizer company,
they were not entitled to any pay. If
they could prove this they could fall back
on that company. As was remarked at
the start, the investigation amounted
practically to nothing.
In regard to the present status of the
crematory, Mr. Bratton, of the fertilizer
company, states that it is now consuming
the garbage fairly well, and, if the big
stone at the bottom, from under which
the blast comes, were replaced and some
flues attached to it, would be all right.
the horse." When the latter struck the
current he swam down stream, taking the
boat with him, and, in order to save
themselves, the men: had to turn the horse
loose. They reached the north bank safe
ly, after a hard pull. The horse swam
back for the south shore, but could not
make a landing, and would have been
drowned but for the Ismert girls, who
saw the occurrence, and, going1 to the
river, managed to get the horse ashore.
Mr. Crook endeavored to go back to the
south shore with the boat, but missed
the landing-, and was drifting down
stream when the girls managed to throw
him a rope and brought him ashore safe
ly. Pistol river is a bad stream to try to
cross when the stream is high, and It
is on a decided rampage now.
THE FIRST-STREET REVIVAL
m . u -for a
Plans Under Way to Make) It a Lead
ing Thoroughfare.
Some time ago the property-holders on
First street held a public meeting relative
to Improving that thoroughfare. Since
that time little has Been heard from it,
and it was the general opinion tbatthemat
ter had been pigeonholed, or, Micawber-
Hke, waiting for something to turn up. On
the contrary it has been in the hands of
Mr. C. E. Smith, Mr. G. Glass, and Adolph
A. Dekum, who have been spending a
great deal of time and gathering informa
tion as to the best plan, to pursue. They
have found that for'a comparatively small
sum, considering the vast benefits to the
entire street, a car system can be had
which will be second to none in the city.
Their plan is to put down a double track
system, the full length of First street
from the North End up to the South End,
covering the territory along the old mac
ademlzed road. But first they will
solicit funds from the property holders to
put in the track from the Burnslde to the
Madison-street bridges. When that is
done, the Portland consolidated street rail
way will turn at First street and run up
it to Madison street, instead of landing
passengers at Second and Burnslde streets,
and the Ea3t Side railway system will
continue its run from Madison to Burn
slde, instead of stopping at Second and
Madison, or going down Second. Speaking
of the proposition, Mr. Adolph Dekum
yesterday said:
"The plan, if carried out, will be of in
calculable benefit to First street, but make
only restore its former prestige, but make1!
it the best retail business street In the
city. It places It In the center of a 25
mile street-car system, and brings the
people from Vancouver and Oregon City,
our two best neighboring towns, and also
all points between them and Portland,
right on to First street, and distributes
them between the two bridges. The old
bob-tail horse-car can then be put in a
dime museum, and First street will be
not only first in name, but the first in
every sense of the word. It is one of the
best plans yet formulated, and it remains
for the property-holders to give them
further assistance, when they come
around to solicit subscriptions, to push
the matter to a successful termination.
"We have agreements whereby the old
Holladay franchise can be had for a song,
and also agreements with the two elec
tric car lines, the Vancouver and Oregon
City lines; so all that is necessary is to
put down the track and they will run
over it. Considering the great advantage
to be derived from it, it does not seem
possible that a single property-holder will
be so short-sighted as to handicap the
movement. It is for the future welfare
and protection of the street, more than
for the present. As soon as the arrange
ments are all completed, it will be the
object to have the street further .im
proved with a good and durable pavement."
MP08TANT NOTICE
TO THE .PUBLIC
OF OUE
rataovn
S18.000
In toots and shoes to be closed out
during this month, for less than man
nf&ctnrers' cost.
Don't overlook this opportunity of
buying: all the fine iootwear you
may need for the next 12 months
Gome early and avoid the rush.
PRICE LIST !
Ladies' Button Slioes
$1.00
$2.00
s$2.50
ted
tton, cloth or kid tops, square (hr y
pointed toe, patent leather tips. V ) JK
gular price $3 50 $A),6jO
$3.00
All our finest quality French "kid
button, common sense and opera
toe. plain, size 2$ to 4: regular
price $3 50. H 50 and $5 50
All our finest quality French kid
button, common sense last, sllpjer
foxed, hand-sewed turn soles or
welts. slze3 2& to 4; former price
$3, ?6 and $7 . . ..
Finest quality Imported Paris kid
button, at. iouis toe. up or pia.ui.
cenulno corK sole, nana-sewea;
regular price $7 and 8, sizes
to4 ... . . ...
All our fine quality lily kid foxed
button, cloth or kid tops, square
or pointe
regular
Finest quality Paris kids, seamless
foxed button, square or pointed
toe, patent leather tips, kid or
ciotn top; regular price 3 ou
Extra quality lily kid button, slip
per foxed, square toe. patent leath
er tip. kid or cloth top. spring
heel, size 2 to 0. width A to E;
regular price $3 50.. .....
OK
AJ.AJU
AMUSEMENTS.
Cordray';
Extra quality French kid, seamless
foxed button, cloth or kid tops,
new style, narrow, square or Pica-
dllly pointed toes, patent leather
tips.
latest
price
poiniea loes, patent learner
hand-turned soles, the veryfh j fr
t in ladles boots; former S I (III
?0 and 7 . Ptt. WU
-"The Clcmcnccan Case."
TonisUt.
The love for the sensational was strong
ly marked in the audience that packed
Cordray's theater last evening to witness
a production by the Charles Riggs com
pany, of "The Clemenceau Case," a
dramatization of Dumas' novel which, un
der that title, created so much comment
throughout the country a few years ago.
Like "Camille," "The Crust of Society,"
and other similar dramas, it deals with
a class of individuals who are rarely spok
en of in polite society, and "The Clem
enceau Case" was shelved, after a short
run in the East, because of adverse pop
ular criticism. As a drama, it is unusual
ly strong, and offers rare opportunity for
the portrayal of powerful human passion.
There is nothing particularly offensive in
the dialogue, but the plot is objectionable
to those who cling to the highest standard
of morality.
The version of the drama presented by
the Riggs company last evening has been
toned down so as to escape popular crit
icism. It is beautifully staged, and put
on with a finish that tells of excellent
management. Miss Rose StilIman ap
peared to advantage in the character of
Iza, and Mr. A. C. Henderson filled the
difficult role of Pierre Clemenceau with
credit The other characters were all
well taken.
"The Clemenceau Case" for three nights
more, and a matinee tomorrow.
Mr. Keene Engagement.
Thomas Keene, the eminent tragedian,
who will commence a week's engagement
at the Marquam Grand on Monday night,
may almost be said, like the Macgregor,
to be on his native heath. Some years
ago Keene was a member of the old Cal
ifornia theater stock company, and was
one of the popular favorites with San
Franciscans when that city was in its
biggest boom. On his recent vlsit to -the
city of the Golden Gate, his old friends
and admirers gathered round him at
every performance, end gave him an old
time generous welcome. The Elks and
Bohemians, and numerous other societies,
feted him. Keene presented one of them
with a huge silver loving-cup, and every
body enjoyed a feast of reason and a
flow of soul in brotherly memory of "auld
lang syne." In Portland there are old
friends and admirers, too, and these will
find in the selections the tragedian
has made from his Shakespearean rep
ertoire, that there is an abundance of the
old material to revive the old-time en
thusiasm. It has been freely remarked
this season by the press of many cities
that Keene is greater than ever in his
several characters. He was here three
years ago, and left with a pleasing remembrance.
Misses' Sprit Heel Button Shoes
SIZES 11 to 3
Extra qualify lily kid button, plainCM A A
toe; regular price ?2.. ...;.) JL.VU
Finest quality Tamplco pebble goatVl:'! ) K
button, tip or plain. ......tpJL.)Cf
Genuine imported Paris kid. foxed (fast' H f
button, square toe, patent leather; I Oil
regular price ?2. ..... . ....... .tJ A. tJJ
French patent leather button. (hc f(
foxed, cloth or French kid tops;V III
regular price 53, will close out att. V J
Finest quality French kid button,
foxed, cloth or kid tops, St. Louis Kf ff
toe, patent leather tips; regular V J ill I
price $2 50 and ?3 tA.jJ
Children's Spring-Heel Button Shoes
:$1.25
$1.50
pebble goat(J?- A A
SIZES 8 to 10K
Genuine Paris kid. foxed button
square toe, diamond, patent Ieath
er tops; regular price $1 ti
Finest quality lily kid foxed, cloth
or kid tops, square toe, patent
jcatner tips; former price &i
Finest quality Tamnico
button, tip or plain toe
SprWeel Button, Sizes 5 to U
Glazed kid button, patent tips, turn OH A A
soles; regular price $1 23...tpL. JJ
Genuine Paris kid, foxed button, rhj A A
kid or cloth tops, patent tips turn's I, I It I
soles; regular price $1 50.. tjA. v J
Finest quality Paris kid. foxed but-K A A A
ton, square toe. patent tips; reg-VL I I II I
ular price ?1 50 tPJL.UU
Ladies' Knee Legpis,50c and 75c
PER PAIR
Eejrular Pricos ?2.00 and 2.50
Dispraised as a Calf.
'A miner operating at Sabe creek, Idaho,
for some time past has missed a great
deal of amalgam from his sluiceboxes.
He determined to keep watch for the thief,
and several nights ago he saw a calf nib
bling grass near the boxes, often reach
ing over the rim and drinking the water
that flowed over the riffles. He, however,
paid no attention to the animal. The
theft of amalgam still continued, and a
few nights ago, when the calf appeared,
he shot it. He ran to where the calf was
lying and saw a human leg. with the foot
wrapped in sacks, protruding from the
animal's stomach. It took him but a sec
ond to realize that he had shot the thief,
who had been cleverly disguised as a calf.
The miner took the culprit to camp, and,
much to his surprise, he discovered the
thief was a young woman.
The Girls Saved Then.
The mailcarrier from the south, Xee
DeCross, had a rough time of it in cross
ing Pistol river "Wednesday, that stream
being high and full of drift, says the
Gold Beach Gazette. T. W. Crook, sr
I and Iee started across in a boat, leading
A TracUrralker's Peril.
Langley, the trackwalker on the South
ern Pacific railroad, from Eugene to
"Walker's station, says the Guard, has had
several close calls and exciting incidents,
but one stormy night about a week ago
he met with an accident on the long
trestle near Judkins point that was a
little closer and came nearer proving dis
astrous than any of the others. He had
started back on the last half of his run
and was, when he had reached this point,
running rather slowly, as the rails were
slippery and a heavy wind was blowing.
"When about SO feet out on the trestle
the wind blew the hind wheels of his ve
hicle off the track, on the outside of the
rail, thus throwing him off the trestle
backwards, with the machine to follow.
As he fell he grabbed the rail with one
hand, and at the same time the handle of
the machine caught one of his feet, thus
leaving him partly across one rail and
almost unable to help himself, with his
red light out and the train due in a few
I moments. By almost superhuman effort,
he managed to extricate himself after
a time, and proceeded on his way to
Eugene. By a fortunate chance the train
was late that night, or he might not have
fared so well.
Ladies' Overpiters, lest quality,75c
MEN'S SHOES
i2s$150
?41.75
and
congress, London toe and tip. mwa M -.
Spanish toe and tip and St. Louis VLM k( 1
toe and tip- i)&.0J
road and policemen shoes, in
e and congress, extension doubleK n w rv
e, stitch edge; regular price Vi. -J Kjl
50 tpO.tJU
$4.00
'$4.00
Finest quality satin calf shoes,
or congress-
Calf shoes, lace and congress. Lon
don toe and square toe and tip
Fine light dress shoes, lace and
congress, London toe and tip. new
Railroad and nolicemen shoes, in
lace and congress, extension double
sole.
?5
Trtra fine French calf shoes, hand
sewed congress and lace, all style
toes; regular price. $, ?s ana yj
All our finest quality French patent
leather snoes. lace or congress,
hand-EC wed; ?7, ?s ana u
Derangement of the Liver, with consti
pation. Injures the complexion, induces
TjImDles. sallow skin. Carter's Little lilv-
I er Pills remove the cause.
X. B. Our fixtures to be sold at auction Jan
uary 15. at 9 A. M.
Two first-class shoe salesmen wanted; require!
best of reference.
P. F. DLNI &
253 MORRISON STREET
1 One Door From Corner of Third