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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 20, 1900)
!L2 THE MOR-NTEG OREGONIAST, TUESDAY, MAECH 20, 1900. Mi OLDS & KING Cordially invite the ladies of Portland to their ' linery Opening For the Spring season of 1900, which commences to day and continues through Wednesday and Thurs day following. They will show this season, as hereto fore, THE AUTHENTIC MILLINERY Of Portland, and will exhibit over 200 patterns, which will include the latest creations of the most noted modistes of Paris, London and New York. The return home of their head milliner was pur posely delayed in order to visit the latest New York openings and to secure novelties not shown at the earlier exhibits. As no other city milliner enjoyed this opportunity, they are included in the invitation to 01 c - m Jr s m J j MS Jr jnajiJf fffrj : j--- jp j vo be present. OLDS & KING PUBLIC FUNERAL SUNDAY TEW BODIES FORWAHDEJD FROM SAX FUAJTCISCO. Remains of the Unclaimed Soldiers TV111 Probably Ide In. State at the Armorr Saturday. At the mass meeting: of former members of the Second Oregon Regiment at the Armory at 8 o'clock tonight, the general committee, composed of two members of each company, of which lieutenant George F. Telfer is chairman, will report the arrangements which have been made for the public funeral of the 13 unclaimed dead of the regiment next Sunday. Three bodies are already here. They ere those of Frank G. Rofeno, of company G, John H. Fenton, of company B, and Fred J. Norton, of company F. The bod ies of the following-named soldiers were forwarded from San Francisco yesterday: Michael P. Crowley, Co. D. Bert J. Clark, Co. A. George Eichamer, Co. O. James Kelly, Co. G. William ilcElwaln, Co. H. Halph A. Odell. Co. A. Henry Payne, Co. M. Charles H. Rubart, Co. I. It. V. Strawderman. 0. I. Robert B. Hoffman, Co. M. The bodies shipped from San Francisco yesterday will arrive in Portland at 0:15 tomorrow morning. General Owen Sum mers, the former commander of the regi ment, will be at the Union depot, with as many ex-members of the regiment as will volunteer to accompany him. The caskets, as soon as General Summers receipts for them, will be sent to the Armor', where J. p. FInley will remove the outer boxes and arrange the caskets for lying In state. General Summers' Idea Is that the public should be admitted to the Armory between 9 A. M. and 4 P. M., Saturday. There will be -nothing to see but 13 sealed caskets, draped In the National colors and covered with flowers, but many people are anxious to pay a tribute of respect to the regiment's dead, and they will be given the opportunity. All arrangements depend upon the ac tion of the ex-soldiers t.t their meeting tonight- Brigadier-General Charles F. Beebe, of the National Guard, will attend. All that is now definitely decided is that interment will be In Rivervlew Cemetery and that a general invitation will be ex tended to civic societies to take part in Sunday's ceremonies. Civic societies wish ing to participate are requested to send word to General Summers or Lieutenant George F. Telfer. No formal Invitation will be sent out, as the time Is too short for that. It is the aim of the general committee so to expedite the services that there will be no unnecessary delajs. The public services will be held at the Armory, be ginning about 10 A. M. Sunday. At their conclusion, there will be time for lunch before the start Is made for the cemetery The parade will form promptly at 1 P. M. and move through a few of the prin cipal streets. It has not been decided whether the military organizations, the Second Oregon and the National Guard, will go by boat or train. Whichever course Is decided upon, the chic organi zations may, If they desire, leave the line at the point of embarkation for the cemetery. Five of the caskets will be carried In a large funeral car and the other efght on caissons. Battery A, of the National Guard, will furnish the cais sons, horses and mounts. Weather per mitting, the Second Oregon boys will wear khaki uniforms and parade as a regimen tal organization and guard of honor for their dead comrades. The funeral car and the caissons will proceed direct by road to the cemetery, and will be accom panied by a military guard and pall bearers. If the military organization! travel by boat or train, they will meet the funeral car and the caissons at the gate of the cemetery. The services at the cemetery will be distinctly military. A hollow square, in closing the caskets, will be formed. Rev. W. S. Gilbert, former Chaplain of the Second Oregon, will deliver a prayer. Captain Dunbar's company B, of the Na tional Guard, composed of Second Ore gon veterans, will fire a salute to the dead, and taps will be sounded by the bugle corps. Taps will probably terminate the services. It has been suggested by members of the committee of arrangements that the National flag be lowered to half-mast on all public buildings and on dwellings, tf possible, from early morning till sunset on Sunday. Section Line road. If the property-owners on West avenue, which Is only 40 feet in width, will donate Ave feot of ground, the Commissioners will nave a path built there from the Base Line to the Section Line road. The path on the Mallory road has been leveled up and Is ready to be graveled and rolled. The Supervisors have been directed to commence at once the gTavellng of Wil lamette and Portland boulevards, and the building' and repairing of bicycle paths along them. Willamette avenue begins at the head of Delay street, and reaches St Johns by an irregular course of about nine miles. The boulevard will be graveled for IS feet in width In the center. The path along this boulevard north of Portland boulevard has been driven on and badly injured, and It will be put In good order. Portland boulevard Is to be graveled, and a new path will be built along the sidewalk the whole distance from Piedmont to Wil lamette boulevard. The Commissioners have more bicycle paths on their minds, but thought the above were enough for one day. n . HIGH PRICED SHEEP. They Coat a Buyer 3 a Head, De livered in "Wyoming:. A. M. Bunce, a prominent sheepralser of Fremont County, "Wyoming, who has just purchased 9000 head of sheep from William Penland, of Heppner, Is spending a few days In Portland. When seen -at the Imperial yesterday, Mr. Bunce said he wanted 10,000 or 12,000 more Oregon sheep, but the owners are holding them beyond bis reach. He paid $2 50 for the yearling ewes and wethers purchased of Mr. Penland, and the freight on these to Lander, Wyo., will bo 0 cents a head more. This will make them cost him $3 each, delivered on his Wyoming ranges, where he can buy Wyoming-raised sheep for $3. "I am well fixed for range back there," he said, "and if sheep do not advance In value this Fall, I shall keep them over until next Summer. There Is considera ble risk In buying sheep at present prices In Oregon, and there is no assurance that the prices will keep up out here, as East em Oregon sheep axe likely to be ex cluded from their former Summer ranges in the Bltte Mountains and from the Cas cade reserve. The miners of Grant Coun ty are up in arms over the habits of visiting flocks, which travel over and fill up miles of mining ditches and eat up the grass from the horses of the prospectors. Sheep men are aware of the approaching conditions, but still they stick out for big prices when we Wyoming buyers make our appearance." Mr. Bunce, with a number of other sheepraisers, has provided abundant range for stock by lease from the Union Pacific Railroad. The company owns all the odd sections for 20 miles on each side of Its main line in "Wyoming, and many of these sections have been rented by the year at half a cent an acre or $3 20 per section. "In fact, the rent Is even cheaper than this," said Mr. Bunco, "as we thus con trol most of the even sections in the townships where we Tent the odd ones. Thus our rent for grass Is reduced to $1 GO per section. This new departure of leas ing railroad lands for the pasture they furnish secures stockmen In their range and obviates the necessity of sheep men and cattle men falling out about pasture, as the leasees know their boundary lines, and others are compelled tb respect them." Mr. Bunce thinks If this leasing system were applied to the Government lands In Wyoming, it would put money In Uncle Sam's treasury and put a stop to people killing each other over what does not belong to them the grass on Government lands. The sheep purchased in Morrow County will be delivered "to Mr. Bunce in May, just after shearing, and he will drive them to Ontario for shipment by stock car to his Wyoming ranges. HAS LONG BEEN NEEDED. BUILDING MORE PATHS. Commissioners Prepare for the Pleasure of Bicyclists. The County Commissioners have decided to start work on a number of bicycle paths at once, and so avoid being visited dally by delegations clamoring' for paths in all directions. A commencement was mode yesterday on an eight-foot path on the St Helens road from Thurman street to the seven mile post, which is as far as the road is improved. The path will be on the river side of the road, so that bicyclists can en joy the view. The Commissioners hope some enterprising person will start a, ferry to take bicyclists from this point across to the St. Johns path. Work will be commenced this morning on tho bicycle path along the Riverside road to the White House, and it will be completed as soon as possible. Work ha also been started on a path from the Sec tion Line road at East Twenty-sixth street to Woodstock. It will follow Twenty sixth street to Kelly avenue, and along that avenue to Woodstock. This path is to be graded and graveled. By Wednes day or Thursday the surveyor will have given grades for paths on the Base Line road, probably clear out to the Sandy. These will be as good as, the paths on the Colonel J. K. Phillip Saya Glass Fac tory Would Do Well Here. In regard to an article in The Sunday' Oregonian, on the demand for a glass fac tor at Portland, Colonel Phillips, of this city, saia yesterday: "Almost 20 yeare ago, and at several times subsequently, I, after long, careful and diligent Inquiry, presented- these con ditions through The Oregonian and to sev eral of the capitalists of the city, per sonally. Eastern men, practical manufac turers, were induced to come and look the field over. One such, from Syracuse, N. Y., did so most carefully, and was so fully convinced of the success of the enterprise, and the rich reward It would bring to those who would undertake the establish ment of a bottle factory here, that he returned East, loaded) two cars with cer tain necessary material to begin the erec tion of a small plant, and brought them here. He found that he had1 not made the arrangement for a factory site which he believed he had made; that he could not purchase such a site at all, but only could lease it. He wisely declined to build on leased ground, and, without unloading his material, returned It to Syracuse. "For 20 years I have kept my eyes on this enterprise, hoping to seo It take prac tical shape. The immediate conditions, as regards tho locality, have not changed, save that the local consumption, supplied through Portland, has largely Increased. I am sure such an enterprise Is wholly feasible, andi would be both safe and re munerative, If undertaken by men who fully understood the conditions of the sit uation and the conduct of the business. None other should undertake it. Portland capital should lay hold of It under these conditions, for Portland will be the chief beneficiary, both directly and indlreetly. "The San Francisco bottle works has not been a 'screaming success' by any means, simply because certain conditions were not studied, and learned fully, until taught by expensive experience. "By all means let us have a glass plant, and $20,000 to $30,000 will give us a good Initial one but be sure It is gone Into on right lines." Buying vs. Looking Clusters of light, festoons of flowers, hundreds. of dainty hats, everything in festive attire, to display the new Spring Millinery! We were ready early yesterday morning to hold a millinery reception; before long the millinery parlor - was crowded. All the various styles were displayed and admired ' BUT THE PRICES CONVERTED OUR INTENDED RECEPTION INTO THE LIVELIEST SORT OF A QUICK-BUYING BUSINESS EVENT. Words of praise are encouraging and pleasant, but the indorsement given by actual purchase is the most sincere and assuring. More hats were sold yesterday morning alone than we have known to be sold in any other entire two millinery days Beauty, Harmony, Grace, Becomingness, united with COMMON SENSE prices, charmed critical lookers into enthusiastic buyers. ....TODAY.... Late arrivals are added to our great collection of millinery and our Spring show today will surpass. all previous occasions in beauty and interest. ' Visit the Cloak foom New Tailor-Made Suits Novelty Silk Waists Latest Cut and Style Separate Skirts Eton Jackets, Johnnie Jackets, etc All the new ideas in Shirt Waists JO J Op YardSHIRT WAIST PERCALES-a new lot In m navy and Napoleon blues, pinks and black and whites. Our Grand Millinery Openin Is attracting the attention of thousands of the best dressed women in Portland and surround ing towns. The showing is larger and better than ever before. Over two hundred artistic creations are displayedthe result of weeks of planning and preparatory work. Opening con tinued today and tomorrow. eoot LAST DAY Of the Great Auction RUGS RARE ANTIQUE TURKISH AND PERSIAN TODAY AT 2 AND 8 P. M at 126 THIRD STREET The Silk Rugs, the large Kirman and all the finest rugs will be offered at this sale Come and witness this grand safe. NEWS OF THE RAILROADS COLUMBIA SOUTHERN TO REACH SHA?iIKO, APRIL 15. Track-Layers Making: Progress of About One Mile a Day Har rier's Xew Position. President E. E. Lytle, of tho Columbia Southern, stated yesterday that his com pany now has 500 men at work laying track. They ,are progressing at the rate of 4500 to 5000 feet per day. "We expect to have our line completed through to Shan iko by April 15. Commencing May 1, we shall establish passerger train service between Biggs, on tho O. R. & N., and Shanlko. Our train will connect with the new O. R. & N.'s morning train, to be put into service on or about that date, run ning out of Portland. This will enable mall to reach interior districts 24 hours earlier than at present from The Dalles. It will shorten the old route from The Dalles to Intermediate points 60 miles, dis placing stage lines to that extent. Daily stages will be put on at Shaniko to Prlne ville and intermediate points, via Canyon City. "Our company will establish its repair shops at Shanlko. Wt have had drawn already tho plans and specifications for a passenger depot and freight house. "Wo believe that our line is opening up territory directly tributary to Portland a territory rich in mineral resources and a great stock country as well. Trade that would naturally drift southward, provid ing facilities were afforded, will certainly come to Portland. There are rich mines along the John Day River where ore Is now accumulating that will go to Tacoma and San Francisco. Just as soon as Port land establishes Its proposed smelter this will all come here. It will then be pos sible to make a rate as low as 52, which will make It pay to ship In here ore netting as low as $4 a ton." a low schedule of less than carload rates has become necessary for the reason that few farmers or communities are In a po sition to handle fertilizers, like land plas ter, for example. The lower rate will en able every farmer to buy fertilizer In any quantity needed. Tho company feels that the promotion of dairying Interests re quires that farmers raiding such legumin ous plants as clover, vetches, etc, flno land plaster an absolute necessity, and for their encouragement and convenience the less than carload lot rato -will be pro vided. ' SALE OP THE GULF ROAD. Only Did Made "Was That tho Reor ganization Committee. JOPLiIN, Mo., March 19. The Kansas City, Pittsburg & Gulf Railway was sold at public auction In this city this morn ing by Master in Chancery Stiles, to satis fy a $23,000,000 mortgage, with one years accrued Interest, held by the Stato Trust Company, of New York. But one bid was made, that by Silas W. Pettlt, chief counsel of the Philadelphia reorganiza tion committee, of $12,500,000. The purchasers have to assume $24,5S0,44G of Indebtedness, representing tho princi pal of the bonds and Interest thereon, and tho interest on the defaulted Interest, to date of the decree. KANSAS CITY. March 19. E. I. Mar tin, first president, and one of the build ers of the Kansas City, Pittsburg & Gulf road, today petitioned the Circuit Court to advise him what he ought to do in the matter of the foreclosure sale of that property. Mr. Martin claims that he Is tho receiver of the road, and that all the proceedings had In the United States Court In the receivership. Including the appoint ment of Messrs. Fordyce and Withers as receivers, and the order of solo, are null and void. The court will paes on Mr. Mar tin's claim later. HARXERS NEW POSITION. Succeeds O. E. Cllne in C, E. Ellis' Service, O. R. t X., Seattle. William W. Harder son of General Agent Harder, of the Great Northern, en tered upon new duties last week. He re signed his position as secretary to S. P. Calderhead, the general freight and pat. senger agent of the Washington & Colum bia River Valley road, at Walla Walla, to accept a place under E. E. Ellis, general agent of the O. R. & N. Co., at Seattle. Mr. Harder had only been In the servlco of Mr. Calderhead about a month, leaving the O. R. & N. city ticket office here to accept the place. His position In Portland he had held ever since his return from tho Philippines, as a member of Company H. Prior to his service at Manila, he was.- In the employ of the Great Northern here While at Manila he acted as stenographer for General Otis In the palace of tho ex-Gowrnor-CeneraL He also served as United States customs officer, and had In his charge some eight or ten vessels. Mr. Harder succeeded C. E. Cline Is the Seattle office of the O. R. & N. Co. LoTrer Rates on Fertilizers. The Southern Pacific Is now getting out a tariff, which will become effective March 25. This tariff Is a special one, applying on fertilizers In less than carload lots be tween all stations on Its lines In Oregon. Carload rates are already, very low, bm Many People Coming;. A. D. Charlton, assistant general pas senger agent of the Northern Pacific, re turned yesterday morning from a week's trip Into the Clearwater country, Lewis1 on, Spokane, Seattle and Victoria, where ho Inspected the companjrs offices. He states that the Northern Pacific's branch line from Lewiston to Oro Flno has been extended to Stewart, and train service Is shortly to be Inaugurated. Mr. Charlton finds a big influx of people with money locating In Oregon. He says tho outlook for all kinds -of business was never better. Interstate Commission's Meeting:. SAN FRANCISCO, March 19.-J. C. Stubbs, William F. Herrin and William Sproul, of the Southern Pacific, and'Wm. A. Blsseli, of the Santa Fe. have KOne to Phoenix. Ariz., to a meeting of the Inter state Commerce Commission on Wednes day. They will then accompany the Com missioners to various cities in Southern California, where meetings will bo held to consider matters of Importance to Cali fornia shippers. Silverware Specials Guaranteed Qaadxaple Plate Knives, per set. .............. 91.12 Forks, per set. ............. .SI. 35 Table Spoons, per set... ... ...$1.35 Tea Spoons, per set. .-. ....... .07a Cups and Saucers Decorated French China, as: sorted patterns, saucer, for. cup and 49c Rug Specials prim Styles in our Cloak Department A magnificent display of Imported Costumes and exclusive styles in Suits, Jackets, Separate Skirts, Petticoats, Silk Waists, Cotton Waists, Misses' and Children's Suits, Jackets and an elaborate showing of exclusive styles in Children's Sailor Suits EIER St F Moqnette and Axminster Rngrs, Splendid values 18x3G inches, each OOo 27x54 inches, each. .......... .92.15 30x72 Inches, each $3.15 Lace Curtain Specials Lace Curtains. Novelty net, 54 Inches wide, 3 yards long; per pair Lace Curtains, Brussels ef fects, 54 inches wide, 3 yards long; per pair Chatelaines Small leather chatelaine Bags, morocco, seal and al ligator, assorted colors; each $1.69 $2.35 43c Embroideries Cambric Embroideries, 3 to 6 inch widths, per yard Cambric Insertions, 1 to 1 inch widths; per yard Ribbons All Silk, assorted colors, with black fleur de lis, 3 Inches wide; per yard Gauze ribbon, with hem stitched edge, and plaid ribbon. same; 4 inches wide; per yard Handkerchiefs Ladies' Lawn Handkerchiefs, with lace edge and embroid ered Swiss Handkerchiefs; each 1 Hosiery j Boys' and Misses' .Heavy l Ribbed Black Cotton; per pair !0c 12c r-J "Watchlncr the Canadian. Today the agreement to abolish th m!. onlst rate becomes effective. The Amor!. can lines are determined to do away with tne payment of commissions. Meanwhile, the Canadian Pacific "stands nut" rn ! original ground, to refuse to become party to the ajrreement. Whether r HM nn agreement can be maintained indefinitely win do watoned with Interest. Railroad Notes. M. J. Roche, traveling- passenger agent of tho Rio Grande "Western, has returned from a trip over the line, Robert Burns, the general agent of the O. R. & N., at TValla "Walla, "Wash., visited headquarters yesterday. General Trlfflc Manager Campbell, of the O. R. & N., was at Denver, Colo., yes terday. He is expected to return to Port land about Thursday. ' C. L. Darling, traveling freight agent of the Oregon Short Line, returned Saturday from a two weeks' absence in the Coeur d'Alene district. Ho went onf npnin . terday over the line. General Freight and Passenger Agent, Markham, of the Southern Pacific, is back from Roseburg, where" ho went to Inter est merchants and farmers In the matter of promoting dairying interests. R. C. Judson, industrial agent of the O. R. & N., was In the city yesterday. His numerous duties keep him very busy, and he Is never enabled to remain for any great period of time In Portland. H. H. Abbott, freight and passenget agent of the Canadian Pacific, in this city, left last night for Southern Oregon, where he will visit the various local offices and instruct them regarding summer business for the company. The Omaha road is giving to its patrons a new wall map, showing tho United States and Its possessions, all the princi pal cities of the country, and the leading lines of railway. All the Important mln. Ing camps and districts are also shown. Among tho visiting railroad men of prominence here yesterd&y, were Percy R. Todd. New York City, traffic manager of tho "West Shore, and E. Ly Somers, of Chicago, general "Western freight agent of the same line. They wre visiting varl ous points of Interest on the Pacific coast. Theso gentlemen were shown about the city by H. C. Eckenberger. commercial asont of the Michigan Central. C. E. McPherson, general passenger agent of tho Canadian Pacific, with head quarters at "Winnipeg, Man., accompanied by E. J. Coyle, assistant general passenger agent of the company, were in the.cltj Sunday. They have been on a tour of in spection of the offices at "Victoria. Tacoma, Seattle and Portland. They left Sunday night for San Francisco. Mr. McPherson expressed satisfaction -with the volume of business since January 1. and considers tho outlook excellent for the summer. I1U5INE3S ITEMS. If Dnby Is Cnttiner Twtls, D rare and use tht old and well-tried remedj. Mrs. "Vlnslow' Soothlns Syrup, for children tf-ethJnr. It topthes the child, softeru thi gtinu, allays all pain, cures wind eolle and diarrhoea. a Don't wait until you are sick before try ing Carter's Little Liver Pills, but get a vial at once. You can't take them with out benefit. WHEN YOU SEE IT IN OUR AD IT'S SO. An Honest Serge DIOGENES started out with a lantern to hunt for an honest man, so history tells us. This was quite a while ago. If Dioge wanted to find an honest man nowadays he'd have to get an arc light, according to some people, and even then he'd have a hard time of it. It's about as hard to find an honest serge, unless you know just where to go. We are showing A BLUE SERGE SUIT, AT . . With an honest streak clean through it. A i6-ounce Blue Serge, guaranteed absolutely fast color, stylishly cut, half-box coat, fine serge lining; six-button vest; large or small leg pants; seams all put together with silk. Both styles, single or double-breasted coat. It's dependable clothing, with our guarantee to relieve you of any-risk- MOYER CLOTHING POPULAR-PRICE CLOTHIERS BEN SELLING, Manager. Corner Third and Oak Streets ARGUING FOR NEW TRIAL MORE AFFIDAVITS FILED IN THE 3PDAXIEL CASE. Silly Story About Jadge George Hay- izK Given Private Instructions to One Juror. Defendant's argument for a new trial of the State vs. Frank E. ilcDanlel was partly heard In Judge George's Court yesterday afternoon, and will be con cluded today. Henry St. Rayner, Mc Danlel'a attorney throughout the long period since the case first appeared be fore the municipal Judge for a preliminary hearing, spoke during the afternoon ses sion of the court on two grounds: Juror O. P. Mosten's alleged misconduct and the Insufficiency of evidence in the trial to sustain the verdict of the jury. A num ber of affidavits In rebuttal were filed before arguments commenced, most of them relating to the character and repu tation for truth and veracity of the af fiants first deposing In McDaniel's behalf. J. Q. Peck appears In a third affidavit, swearing that what he sold In his second affidavit contradicting his tesUmony In the first la also wrong. Nctt Afll davits. Mr. St. Rayner had been given until yesterday morning for filing his rebuttal affidavits, and at that time came into court with a petition to file a supplement al motion for a new trial, on cause not discovered In the first series of affidavits. The supplemental motion was based on the affidavits of three Jurors, N. P. Tom linson, C. W. Tracey and Isaac Kay, that Juror C. W. Gay, during the trial, re ceived Instruction from the court that a recommendaUon for the highest penalty for manslaughter could be made by the Jurors In returning their verdict. This petition was not received by Judge George, who replied that he had never given any Instructions to the jury except In open court, and that there were no grounds whatever for any consideration of this point. The court regarded the pe tlUon as an Impeachment of the verdict, as well as the court and the Jury, and could not be received, because contrary to both law and the actual facts. Bailiff Charles Bartel. who Is alloged to have carried this private written instruction to Juror Gay, emphatically denies ever doing so in any case since Judge George has been on the bench, or any other time. The strange feature of this petlUon Is how three Jurors could have received such an Impression as that stated in their af fidavits. Affidavits are multiplying In the case with startling rapidity, and there is no assurance, from the present facility of se curing them, that numerous complica tions will not arise through men's dispo sition to swear for and against causes for a rehearing. J. G. Peck first swore that Juror Masten frequently discussed tho McDanlel case In his presence. Then he swore that he did not say that, but Intended to say that If Hasten said any thing about the case he did not know It, and would not have remembered It if he had heard it. A word for Masten's good character was also added. In the af fidavit filed yesterday for the defendant he says he Intended to say he believed Masten's character good until this mat ter came up. He testified: "Instead of saying 'I did not hear Masten make any remarks about the McDanlel murder case and even If I had I would not have re membered them,' I meant to say that 'while working for me In the City of Portland and previous to his going to work In Borthwick's mill, I heard the said O. P. Masten frequently make remarks about the McDanlel murder case, but what remarks he made I cahjiot at this time recollect.' " Deputy District Attorney Giltner ap peared In court in behalf of the state. Both he and Mr. St. Rayner entered with a formidable array of authorities. Mr. St. Rayner opened on the point that the evidence did not sustain the verdict. He called attention to the verdict of the Cor oner's jury, the delay of the District At torney m filing formal "charges of mur der, and said the same was finally forced upon the state official by habeas corpus proceedings, and he further commented on the fact that there had not been a scintilla of evidence discovered since the Coroner's Jury found that the evidence simply pointed towards the defendant. Mr. St. Rayner said there was no direct evi dence, as the Coroner's Jury had stated, hence the casa must rely upon circum stantial evidence. Reviewing the state's evidence, that at 11 P. M. on the night of the murder they were seen within one block of Mrs. Fitch's residence, evidently going there, and the statements of the Morse family, he said It became plain no direct evidence existed that even tended towards connecUng the defendant with the crime. As for circumstantial evi dence, the fact that they were together, wero very friendly, that a handkerchief dirtier than McDanlel ever carried, and that the boughs over the body were cut with a knife, which article no one had seen McDanlel possess for months prior, that the knife had a nick In the blade and had been used by a left-handed person, which McDanlel wa-j not, all vindicated his unchanging statements, rather than Inculpated him. Mr. St. Rayner's arguments were large ly the same as those used at the trial on the sufficiency of the evidence. On the question of setting the verdict aside be cause of Juror Masten's conduct, he was vehement. He called attention to what he regarded inconsistencies In Masten's statements on examination as to his qual ifications and In his affidavit recently filed, particularly regarding reading the news- paper. Masten said he was so busy that he did not have time to read the news papers: in fact, they did not take them. Mr. St. Rayner Introduced an affidavit of a route agent, named Mendell. emp'oyei by The Oregonian, who swore that ho delivered The Oregonian regularly at Masten's residence during the time in question, and collected for it at the eni" of each month. Again,, where Masten asKs in his affidavit why the testimony of tho engineer, assistant engineer and other reliable people of Goble Tas not taken. Instead of the men testifying in behalf of the defendant. Mr. St. Rayner Intro duced an affidavit by the bookkeeper of the Borthwick mill, named Wilcox, xvho said Masten was the only engineer trn ployed there while with the company, and that there were no engineer and assistant engineer at the mill. Mr. St. Rayner rid iculed Masten's request for the state ments of persons who were not In exist ence. He assailed the truthfulness and sincerity of Masten In many other respects where the attorney claimed there was conflict between the first examination ol the juror and his affidavit, or the juror was contradicted by other persons pos Itively. A large number of cases were being cited by the attorney during the latter part of tho afternoon, which, It was as serted, e&tabllshed the law clearly that a prisoner was entitled to a new trial If It appeared after conviction that any of tho Jurors entered upon the caso with a bias or prejudice that would cause them to prejudge the case before hearing the evi dence. Mr. St. Rayner will finish this morning, when Deputy District Attorney Giltner will be heard for the state. CONCERT APPRECIATED. manager CordrnT Conerarnlatea on His Xew Plan. A large Monday night house greeted , "Darkest Russia" at Cordray's last night and enjoyed to the utmost the thrilling J drama. Those who came early were well repaid by the fine orchestra concert, which I preceded the performance. Manager Cordray was generally con- gratulated on this acceptable innovation, ' and was assured that It was appreciated by his patrons. His orchestra is now one of the best on the Coast, and plays only tne oest up-to-aate- music. a "Good luck grows not on bushes," but good health Is assured If you take Hood's Sarsaparilla. e Willamette Iron & Steel Works JAMES LOTAN, Manager, PORTLAND, OREGON IRONFOUNDERS, MACHINISTS, BOILERMAKERS AND STEAMBOAT BUILDERS Designers and builders of Marine Engines and Boilers, Mining and Dredging Machinery and General Mill and Iron Work, FIro Hydrants, Pulleys, Shafting, etc. Correspondence solicited. t9969eee