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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 8, 1902)
TH MOBNItfG OEEGONIAN, THURSDAY, MAT 8, 1902. JURY WILL DECIDE Mack Libel Suit Will Reach Them Today. JUDGE FRAZER DENIES NON-SUIT Lei i Card Tells ATjont Linoleum Deal Editor of The Oregoninn Testi fies an to.So-Cnlled Libelous Publications, The Mack llbl suit against The Ore genlan for $50,000 damage for libel Hill probably reach the Jury this after noon, and a decision may be expected this eonlng. The defense took up most of the day jesterday In presenting Its cldence, and the argument was begun on the. part of Mr. Mack. "Witnesses for The Oregonlan substantiated all that had been said about the linoleum transaction. The effort of the plaintiff seems now to be chiefly directed toward establishing a malicious motive on the part of The Oregonlan In making tho publications. . m e Judge Frazor yesterday denied the mo tion of the defense for non-suit in tho libel suit of County Commissioner J. G. Mack. The ground was mainly that, In the opinion of the court, the question of malice, which had been charged against The Oregonlan in its publication of the linoleum articles, could not be taken by the court from the jury. The court said: "It seems the authorities hold the truth of the matter published is a mat ter of defense, and while I do not find It necessary for the plaintiff to prove the falsity of the -words Itself, it would per haps be sufficient to prove the malice of the matter published. I am inclined to think if theburden was pn the plaintiff to prove these charges false, there would be a serious question as to whether this motion should not be allowed. "The question Is whether there is suffi cient malice alleged to go before the Jury The authorities seem to hold that subse quent publication of the same charges may show malice; that is, the malice may be inferred. I think this is a ques tion entirely for the jury. I will not dis cuss further these subsequent publica tions, because it might be construed as influencing the Jury. I have concluded that the question of malice cannot be taken from the jury You will proceed with the case." The trial then proceeded on its merits. Levi Card,, the alleged "dummy"; H. W. Scott, editor of The Oregonlan; Edgar B. Piper, city editor of The Oregonlan; W. H. Pope. County Auditor; A. N. Gam bell, Deputy County Clerk, and "William Stlmson, Deputy County Clerk, in turn gave their testimony, and then the de fense rested. Mr. Abraham began the argument for the plaintiff, and spoke for an hour and a quarter, and court ad journed till 9:30 this morning. Mr. Mal lory and Mr. Gearin will then address the jury for The Oregonlan, and Mr. Hume will close for the plaintiff. Levi Card's Testimony. Levi, Card, salesman for the Honeyman Hardware Company, who has been con spicuously mentioned in the linoleum deal as the "dummy," or agent for J. G. Mack & Co., went on the stand as the first witness for the defense. After a lew preliminary questions. Card told the story of his relations with the purchase of the linoleum. It was substantially as follows: "I am a personal friend of Morris Ab raham, partner in the Arm of J. G. Mack & Co." Some' time before this occurrence I saw Morris Abraham and he told me the county was in the market for cer tain goods, and there was a chance for me to bid. There was something In it for me. Some time after he came in to see me, and said I was successful In bid ding for these goods. Later I went to their store and met Mr. Mack and Mr. Abraham. I asked if the order could be filled. I was assured that there would be no responsibility on my part. Some time afterward I was notified that the "warrants were ready. I got them and cashed them with Abe Tichner (warrant broker), got a check from Mr. Tichner and turned the check over to Mr. Abra ham." "Did you examine the goods?" asked Mr.JMallory- "No." "What price did you pay?" "The same for which the goods were Bold, to the county." "Did you make the bid to the County Commissioners?" "No." "Did you ever see the bill?" "No." "Did you go to the County Commis sioners' office?" "No." "Did you ever have an Interview with the court about the goods?" "The only knowledge I had was thrntieh Morris Abraham." "Did you ever receive any compensa tion?" "Tes: $20." "Who gave it to you?" "Mr. Abraham." Mr. Card's attention was then called to an interview in The Oregonlan that appeared In the Issue of February 7, 1902 (the day before the alleged libelous pub lication.) This paper, containing the first publication about the linoleum deal, had been Introduced in evidence by the de fense. Mr. Card verified the authenticity of the interview in every particular. An error had been made when he told the re porter that he had met Mr. Mack before this transaction, but he (not the report er) had been mistaken In his statement Hehad not met Mr. Mack until after his so-called bid had been put in. "I had no conversation with Mr. Mack," he said "before this transaction." ' air. Scott's TeNtiraony. EC W. Scott, editor of The Oregonlan. was called. There were the usual prelimi nary questions from which It appeared inai .nr. &cott was acquainted with Mr. Maok only slightly, and that he had no business relations with him. The articles of February 7, (entitled "Mack's Nice Graft") and February S ("Mack Makes It Pay") were submitted to the witness, and he testified that he did not personally write them. A stenographic report qf a considerable part of Mr. Scott's testimony follow d: Q. What, if anything, had you person xlly to do with the publication of either it the articles? A. Each article was submitted lo me in general way. I was notified of the con tents of them. Q. You knew substantially what the contents of the articles were? JC Tes, sir. Q. You consented to or directed the publication of them? A, I consented to the publication, but whether Idld or not, of course, The Ore gonlan Is responsible for their publication. Q.'TVhat was the purpose of the publi cation" of, .them? A. The -purpose of the publication was to show what we deemed the official mis conduct 6f a public officer. Q. What other object had you? Al None whatever. Q. What, if any, spirit or feeling of malice or, desire to harass or Injure Mr. Mack had you? A. I bad none. My acquaintance with Mr, Mack Is so slight, jny knowledge of him was eo slight, it does not) seem to me It could have been possible that I could have entertained any feeling toward him. Q. What Is your own conscience on that subject? A. That Is my own Judgment and con- science on the subject. From my slight knowledge of Mr. Mack I do not see any reason why I should entertain malice toward him. Q. What Is the fact about that? A. That Is the fact. Q. You had no malice? A. I had none. CroMH-Exnxulnntlon by Mr. Hume. Q. Who did write those articles? Do you know? A. Mr. Piper, the city editor, can an swer that. I think he wrote the last ono almost wholly. The first one I under stand he wrote In part, but he edited it throughout. Q. Who was the person who procured the information, and who had the inter view with Mr. Card? A. So far as I know, It was Mr. Piper. Q. Do jou know anything about how the interview with Mr. Card was pro cured? A. I do not. Q Did you direct It to be procured? A. I did not. Q Do you know whether Mr. Piper di rected it to be procured? A. I think he did; I have no doubt but what he did, as it was within his lino of work. Q. Do you know what steps he took for the purpose of obtaining an interview with Mr. Card? A. J do not. Q. Do you know the reporter who ob tained that Interview? A. Since this matter has assumed its present prominence and form, I have been informed by Mr. Piper that Mr. Tyler, a reporter, had a good deal to do with ob taining the interview; perhaps, as I have heard here, he was the person who had the Interview with him. Q. Who is responsible for and writes the editorials in The Oregonlan? A. I am responsible for them; I write come of them; four or five other persons write editorials. Q. Did you write the editorial which ap pears in this paper of February 7, at the bottom of that column, the one referring to Mr. Mack? A. That one I wrote, the lowest one. I am not positive whether I wrote the one before the lowest one. Q. Did you observe It before it was printed? Did you see it? A. That I am not sure of; It may be assumed it is mine. Q. What did you base the charge stated in that editorial upon? A. I had learned that a public officer had been Interested In the sale of goods contrary to the statute. Q. From whom did you learn that? A. I learned It from our reporters; 1 have It confirmed by the testimony in this court. Q. Before you wrote that article did you learn It from Mr. Tyler? A. From Mr. Piper. Q. Mr. Piper is the person upon whose statement you based that article? A. From the information which ho gathered I learned that the firm of J. G. Mack & Co. had been engaged in the sale of goods to the county, directly or In directly, contrary to law; that Is what I based that statement upon. Q. From whom besides Mr. Piper did you get the information that J. G. Mack & Co. had been directly or Indirectly en gaged in selling goods to the county in violation of the law? A. Mr. Piper, or some one at his direc tion, brought me the statement from the books of the county, showing the war rants issued for these goods, and the In formation that the goods came from J. G. Mack & Co. Q. Who was that party? A. All my Information on this subject came from the local department of The Oregonlan. . Q. Outside of Mr. Piper you ca.not give us the name of the party who gave you that Information? A. I cannot. Q. You believed implicitly In the oral statements made to you by a reporter or some other person whom you do not now recollect, aside from Mr. Piper, that J. G. Mack had "been guilty of misconduct or malfeasance in office; that is what you intend to charge him with there? A. I intended to charge him with what I have stated here distinctly, and I as certained from Mr. Piper and from In quiries that he had put on foot, and was confirmed by him in the examination he caused to be made of the county records, that these goods had come through Levi Card from J. G. Mack & Co. That I stat ed, and by that I abide. Q. Did you investigate the question as to whether Mr. Piper or the employes that gave you this Information had any other or different motive in giving you tho Information, or liad any animosity or enmity toward Mr. Mack personally, or had any reason to color their statements? A. It never occurred to me that such could be the case. I did not Investigate that. I did not need to Investigate it; I ascertained from this statement that these goods had coma from the firm of J. G. Mack & Co., in violation of law; and that is what I said or published. Q. Your Information then is based sole ly upon a statement made to you from a conversation with Mr. Piper? A. And what I ascertained from the records of the county what he ascer tained from the records of the county. Q. What he said he ascertained he told you he ascertained it? - A. He did ascertain it Yes, he told me he ascertained it. He told me he as certained it, and It is true. y Q. At the time you wrote this had you ascertained his statement? A. He showed me the number and tho amount of these county warrants. Q. Then your information was based entirely on what he told you? You be lieved him and rthat was the evidence of It? A. Yes, precisely. As I told you, I re quired him, when my attention was called to it, to make a close examination into it and ascertain If these goods had come from the store of J. G. Mack & Co., to whom the warrants had been Issued, In what amounts and on what dates, and then to ascertain further, by Interview with Card and others, what the facts were. Q. You did direct an interview with Levi Card? A. I cannot say positively that I did; ! Mr. Piper said he could do that. It came about in the way work is generally done In a newspaper office. Q. You did not go further than to talk with Mr. Piper? A. It was In Mr. Piper's hands, and was referred to me in a general way. Into the details of It I did not go. Q. When did you first get Information or have any knowledge that these goods had been sold to the county? A. I cannot pay that; it was talked about here for some time. It was a rumor. Mr. Piper got the rumor and went and inquired into it, and then I conferred In a "brief way with him about it, and he went on with the Investigation. It was a general rumor. It was known and talked about In the Courthouse that these goods came from the store of J. G. Mack & Co. Q. How long ago was It rumored here? A. I never know It until just beore the publication. Q. You are stating what somebody told you. I am trying to ask you the state of your own knowledge, not what other people told you. I am asking you to state when the Information came to you first that the goods mentioned In this nrtlcle were purchased from Mr. Mack's store. A. That I cannot tell. It was but a. short time, I cannot tell how long, be fore the publication of these articles. Q. Do you know from whom It came? A. I do not. It makes no difference from whom It comes, it makes no sort of difference; the whole question is whether it Is true. Q. At the time that you wrote this edi torial, as I understand you, your Inten tion was tp charge jha J$r. Mnck had been guilty of malfeasance, misconduct In office? A. Misconduct in office. Q. How long had you known Mr. Meek? A. But a very short time, very slightly; maybe a year or so, and so slight I never was sure I knew him when I met him. Q. Did you know where his place of business was? A. Yes, but only catually. I do not know whether I bought goods there. If I had occasion to I did. Q. He had been quite a prominent fig ure here for the last four years? A. Yes, sir; he has been a merchant and later was elected County Commissioner. Q. You knew that he had been a man j prominent oerore the people as a mer chant and also as a public official? A. Oh, yes, he had some prominence. Q. That he was a man of good reputa tion and character? A. So. far as I knew; I knew nothing to the contrary. Q. A substantial business man? A. I suppose so; it never occurred to me otherwise. Q. Did you have any other object In printing that editorial or causing this article to be published In The Oregonlan than to accuse Mr. Mack of misconduct in office? A None, none, positively none. Q. Was it not as a matter of fact pub lished for political purposes; to affect the political campaign? A. I could not say that it was; It would have been done just the same If no po litical campaign had been on. Q. You examined the memorandum that NOMINATED FOR UNITED STATES ATTORNEY FOR WASHINGTON. " JESSE FRYE, OF WHATCOM. WASHINGTON", May 7. The nomination of Jesse Frje, of Whatcom, to be United States Attorney for the State of Washington, was sent in today, and re ferred to the committee on Judiciary. It Is expected that an early report will be. made, as the argument of ex-Senator John L. Wilson against his appointment was unavailing before the President, and cannot be any stronger before the com mittee. This nomination Is a substantial Jctory for Senator Fester. was presented to you of the statement of the warrants and the time of the sales? A. Yes, casually. Q. You examined It sufficiently to ex amine the items, did you not? There were certain lines of goods mentioned? A. No, I do not know that the goods were mentioned in the warrants; the amounts I cannot remember, of course. Q. You examined, the tabulated state ment that was to be published in the pa per, the dates and the amounts and who they were payable to? , A. Yes, I saw those, but of course the amounts I could not remember. I see them now and they are substantially as I recollect them. Q. You noticed then that some of these goods had been purchased something like 18 months prior to the time the article was written, did you not? A. Yes, I knew some of the good3 were purchased prior to that time. Q. Most of the goods had been pur chased six months before the publication of the article? A. I did not notice that. Q. Did you make any inquiry among your official staff cs to why this matter had not been reported to you before this late date, where the purchases appeared to have been made six months prior to the time they came to you? A. I did not. Q. Did the circumstance of t the matter alleged here to be a matter of record In the county, generally known, as you say, did it make any Impression on your mind or cause any Inquiry from you that it should have been reported to you at this particulr time this article was writ ten? A. Soon after I first came to the knowl adge about It I suggested inquiry into it. I think It came to Mr. Piper before that time, perhaps my suggestion came from him. In a way, and then the statement that It was a general rumor which obtain ed about the Courthouse. It was soon after I first became acquainted with the knowledge that the Inquiry was begun. I had no knowledge of It a fortnight or one week before the publication. Q. With a knowledge of It a week be fore the publication what direction did you give to Mr. Piper with reference to the manner of conducting the examina tion? A. I talked the matter over with Mr. Piper and told him to make the fullest Inquiry. My Information came largely from him. I told him to continue the inquiry and to publish the facts. Q. Did you tell Mr. riper or aid you take steps personally to see Mr. Mack or communicate with Mr. Mack and ascer tain his views of the matter before tho publication or before you started your reporters around town hunting up the records? A, I did not. I think It was done; I think Mr. Piper undertook to obtain an interview with Mr. Mack, but Mr. Piper can answer that himself. Q. Why did you not Interview Mr. Mack personally? A. It was not necessary. Q. Why not? A. Because I had ascertained what the facts were as regarded the sale of these goods by the firm of Mack & Co. and that the warrants had been Issued and the money had gone to J. G. Mack & Co.; it was not necessary. Q. Did you write the editorial marked "Exhibit A"' appearing Ir the same paper that the article complained of appeared? A. I think I did. Q. I want to ask you what meaning you intended to convey by the words "Official Graft." To what did you refer? A. I referred distinctly to this particu lar case. I had ascertained the goods were sold to the county here in violation of the law. I meant precisely that. Q. What did you mean by the words "Official Graft"? A. I meant the furnishing of supplies for public use for a profit contrary to law. Q. That wou'd he a dishonest appro priation of public funds, or an appropria tion of publl". funds, to a dishonest pur pose? A. It would ho official misconduct Q. The wprd "Graft"; the meaning you intended to convey by that word was that it was official misappropriation of public funds to an Improper and illegal purpose? A. It was Improper and Illegal, and it was contrary to law. Q. Is that what you meant by the word "Graft"? A. I mean precisely what I say. Q. What do you mean by the word "Dlvy"? A. I meant by that word dividing Ille gal profit made by such transactions as this. Q. By whom? A. By the house from whom the goods were obtained, and through J. G. Mack as County Commissioner. Q. As. I understand you. you Intended to charge Mr. Mack and to have the pub lic believe that you intended to charge him with having illegally let contracts and divided the profits of those contracts with the contractor as a County Commis sioner; that is what you Intended to charge by the word "Dlvy"? A. Partly. It has been shown here that he had no right to make profit by dealing directly or Indirectly with the county. Q. And that he was doing It? A. And that he was doing it. Q. Who has authority and directs the insertion of the cartoons In your paper? A. Chiefly the managing editor. Q. Who Is the managing editor? A. Ernest Bross. Q. Do you examine them before they are placed In the paper? A. Some of them, some now and then, not all of them; they are not always ready In time to be submitted to me. Q. Did you examine that cartoon of o February 9, before It was placed In the paper? A. I am not sure. It does not matter, however. Q. Now I want to ask you whether or not this cartoon was not published for a political purpose, more than for the pur pose of calling the attention of the public to the articles heretofore published. A. I answered that before. I said that that was not a motive with me. Q. What motive did you have so far as Mr. Mack was concerned, in placing that cartoon In the paper? A. It was engaged at this time with a controversy with Mr. Simon. I understood It was true, and I doubted It not. that Mr. Mock was a political associate of his and doing his work here; and this came In as part of that same work. Q. What had that to do with satisfying the public that there was misconduct In the official position of Mr. Mackt A. Only to show generally the relation between the men who were doing this political work, eo far as I could tell. I am not absolutely certain, I will say to the court and jury, which of these three (editorial) articles I wrote and which I did not write. I talk so much to men who are writers on The Oregonlan, they putting in part bf my Ideas and part of their own, I cannot tell to a certainty what I wrote; no editor can; many editors do not write at all. a Q. I understood you to say you had written that editorial. A. I said I thought so; I could not say for certain. I may say further. If I am permitted to, that all this matter of cartooning, edi torial paragraphs, squibs, as you may call them, are In the nature of general work In a newspaper office. Cartoons of Mr. Simon have been Introduced here, cartoons In which Mr. Simon was the leading fig ure and Mr. Mack only secondary or a very obscure one. All this is in the gen eral line of universal newspaper work throughout the world. Because Mr. Simon has been brought Into this, I wish to say one further word, and that is, that neither toward Mr. Simon nor toward Mr. Mack on my part is there or has there been the slightest malice, not even any feeling of unklndness toward either one of them personally. Q. Your feelings were of pure friend ship? A. Indifference. Q. Your feelings were not all friend ship? A. Indifference. Other Testimony. After Mr. Scott had concluded his tes timony, Edgar B. Piper, city editor, was called and went over much tho same ground. County Auditor Pope was called to ex hibit the records of his office relative to the purchase of tho linoleum by Card in October and November. 1901. Deputy County Clerk Stlmson testified that h'e had searched for the alleged bid tendered to the County Commissioners In Card's name, and had been unable to find it, though he looked in the places where It should be found, if such a bid were In existence MONEY FOR WEISER R.OAD Subscriptions to Thunder Mountain Project Reach $075. W. A. Mears and George Lawrence, Jr., who are raising money on First and Sec ond streets for the Thunder Mountain road, report that they have obtained five subscriptions, as follows: Lang & Co., 550; Kelley, Clarke & Co., 525; Krausse & Prince, 525; Pacific Coast Rubber Company, ?25; Fairbanks, Morse & Co.. 525. The other committee, Hugh McGuIre and Ed Lang, who ha'e been working on Front street, have, raised 5523, the same as reported In yesterday's paper. The to tal amount raised Is 5C75. i Tor trunks, go to tho Harris Trunk Co. CASE TRIED IN TWO WAYS SUIT OF LIZZIE ARBUCKLE AGAlXST MERCKAIVTS NATIONAL BAXK. N'IcIc Anderson Charged With Mur der In the Second Degree Sews of a Day In the Courts. A suit in which there may be said to Tiave been a double trial was taken up before Judge George and a Jury jester day, and a final disposition of the con troversy has not yet been reached. Lizzie Arbuckie sued tha Merchants National Bank to recover tiM on a certifi cate of deposit which she said she lost oa December 27. 1901. She testified that she deposited what sum of money in the bank some months previous. On Decem ber 27 she came to Portland from Arling ton on a passenger train of the O. R. & N. Co. Mrs. Arbuckie stated that Just after the train arrived at the union depot officers entered the car where she was and arrested two men who occupied a seat near where she was seated. She said she became somewhat excited as the result of this incident, and as a result left the car and forgot to take along a hand satchel which she carried. In this satchel was contained the certificate of deposit, and the testimony was that satchel and cer tificate were never recovered, although an attempt was made in that direction. The plaintiff. In nnswer to a question by her attorney, Dell Stuart, stated that toe certificate was not Indorsed. The pur-r pose of this eIdence was to show that the certificate could not be collected by another when the Indorsement of tho payee was lncklng. On cross-examination, W. T. Mulr, at torney for the bank, elicited from Mrs. Arbuckie that she had formerly gone un der the name of Flossie Keys. The Jury returned a verdict In favor of Mrs. Arbuckie for the full amount, 5450, and the attorneys next took up the ques tion before Judge George as to whether tho bank Is entitled to have Mrs. Ar buckie file an Indemnity bond. She of fered such a bond some time ago, but tho surety was unsatisfactory to the bank officers. Mr. Mulr argued that the certificate of deposit, according to Its terms, Is payable upon Its surrender to the bank, and Is a negotiable Instrument. Because It Is a negotiable Instrument, he asserted that it might turn up after the bank had liqui dated with Mrs. Arbuckie, and the bank might be forced to pay it over again to the holder. Mr. Stuart argued to the contrary, and said the bank was safe In paying the money, as tho certificate was not Indorsed and the bank could not be made liable a second time. He submitted authorities, and Mr. Mulr has also prepared a brief showing what he asserts Is tho law gov erning the case. He eald the bank also desires to be protected from loss. Judge George has not yet rendered a decision. SAYS HE IS OUT ?140. Claim of IL E. Stemler Against Ton tine Investment AMsoelatlon. The suit of H. E. Stemler against tho Tontine Savings & Investment Association for the appointment of a receiver, came up before Judge Sears yesterday morning. Stemler complains that he paid 5140 to J. F. Olson, agent of the company in. this territory, after the decision of the Dis trict Court was rendered In Minnesota restraining the company from doing any further business. Stemler further alleges that Olson has collected about 54000 from patrons of the corporation since that time, and that the court here should ap point a receiver to take charge of this money and distribute it to those who paid it, and also prevent Olson from sending the money to the Tontine Company at Minneapolis. It is stated on information and belief that he threatens to so dispose of the money. W. E. Thomas, attorney for Stemler. wanted the case argued at once, but on motion of Dell Stuart, attorney for the Tontine Company, Judge George contin ued the hearing until today. Mr. Stuart stated that George P. Flan nery. an attorney of Minneapolis, had been appointed receiver, and is now In Tacoma, arranging for the appointment of a receiver In the Puget Sound country. He said the matter ought to be delayed until his arrival here. "We are contending that the receiver, Mr. Flannery. should not have this money," asserted Mr. Thomas, "and I can see no reason why the case should not come up at once." The court decided that a delay of one day could do no harm, and it was so ordered. NONSUIT TAKEN. M. Bnrde Drops CnHe Against A. C. Albers. A voluntary nonsuit without prejudice was taken yesterday in the 525.C00 damage suit of M. Barde against A. C. Albers. The case was set for trial, and when It was called the attorney for uarae saia that his client has been hurriedly called to San Francisco on urgent business, and he would therefore ask for a postponement of the trial. Henry E. McGinn, counsel for Albers. objected to any continuance, stating that they were ready- to proceed at once. Judge Sears said the plaintiff ought to be present on the day set for the trial, and did not favor granting a postpone ment until a future date. Barde's attorney consequently was com pelled to ask for a voluntary nonsuit, and he also requested the return of the jury fee, but this was denied because the rules of 'the court provide that such a fee Is not returnable unless a case Is dismissed 10 days before the date of trial. "WANTS HIS MONEY. Frnnlc E. Cavender Sues Bulldlnsr t Loan Association. Frank E. Cavender yesterday filed suit In the State Circuit Court against the Washington National Building & Loan Association to -recover 5672 on one of these peculiar building and loan contracts such aa have been (so much disputed In the courts of late. Mr. Cavender, In his complaint, sets up that in the year 1S95 he subscribed for 10 shares of stock In the concern, on which 5193 had previously been paid by another, paying 530 cash and giving his note for 5175. Ho continued to make payments until he had paid 5403, the stock being surrendered to the com pany. He then, he avers, borrowed 5275 from tho corporation, and afterwards made further Installment payments amounting to 5417. He says that 5275 Is all ho ever drew out, and that there la 5672 coming to him. Frank Schlcgel apears as attorney for Mr. Cavender. CHARGED "WITH MURDER. Information Against NIclc Anderson for Killing: of. Tooley. An Information has been filed by the District Attorney against Nick Anderson, charging him with murder In the second degree. Anderson and George L. Tooley fought on April 19 at Holbrook, and An derson stabbed Tooley with a pocket knife. Tooley died on April 26, from the effects of the wounds. The Information charges that the killing was willful and premeditated, and Anderson claims that It was a case of self-defense. "Wilhelm Estate Settled. Mary A. Wilhelm yesterday filed her final account In the County Court as exe cutrix of the estate of her husband, John George Wilhelm, deceased. The property Is valued at 517,116, and includes a brew ery at Sellwood, which is still being op erated. Mr. "Wilhelm died at Phoenix. Arizona, where he went In search of health, and there was a dispute concerning the cost of shipping his remains to Port land, which was compromised. The exe cutrix In her report states that her hus band borrowed 51000 from the Union Sav- 1 O&OD 1 I coughing!" Stop it at "w P ; once, before it gets '. ; the start of you. Stop j?3m .1 1 it with Ayer's Cherry P " (Pectoral. ' Ik i Ssrk r 1 WMFwsl H JXffr-'Z' jgmET .rfEreSSSCysSk., ir jM2aw3BMme& H 'pr i?if-fHBgfc5 H3SKE3SE2 lngs & Loan Association, which he paid in S4 installments, and the company still demanded 5400. but offered to take 550, and the offer was accepted. Court Notes. Harriet M. Carlson was appointed guar dian of her sister, Frances Burrows, in sane, who is incapable of taking care of her property. Ella M. Clinton, executrix of the will of Howard M. Clinton, deceased, filed her final report yesterday,' showing all claims paid. The estate Is valued at 55O0O. In the divorce suit of A. Routledgo against Ella B. Routledge. an order of default was made by Judge Sears yes terday for want of answer by the defend ant. Articles of incorporation of the Mam moth Lodes Mining Company were filed In the County Clerk's office yesterday, by Julius C. Proebstel, Henry O. Proebstel, G. Evert'Baker and T. T. Burkhart. Cap ital stock. 51,500.000. Otto Stark, administrator of the estate of Chartes L. Stark, dec-ased, yesterday petitioned the County Court for leave to sell a houso and lot at Ella and Washing ton streets, in order to pay 5450 claims. The heirs are the widow and 10 children. In the United States Court yesterday, in the case of Miles C. Moore vs. the Bent Icy Construction Company, a demurrer to the complaint was overruled on the first ground, and sustained as to the second ground. Defendant was allowed 10 days in which, to answer. E. F. Willis, of Hunter's Station, Mult nomah County, yesterday filed a petition In bankruptcy In the United States Court. His liabilities amount to 5730 96; assets, nothing. Mr. Willis went through bank ruptcy a short time ago, but failed to include In his schedule "A" all his credi tors. His present effort is being made to remedy the effects of "his forgetfulness. The will of George H. Green, deceased, was "admitted to probate in the County Court yesterday. The property is valued at $5000. and It Is to be sold and the pro ceeds distributed equally among the fol lowing children of the testator: Henry Green, Jefferson, Or.; John Green, SI1 verton; Philip Green and Pader Green, Colfax, Wash.; Conrad Green, Sunnslde; Jacob Green, Seven Points, O.; Annie C. Roeh and Mary Green. Seattle. John Green is named as executor without bonds. WAITING FOR THE SITE. Many Prospective Subscribers to the Fair Fund Still Undecided. Subscriptions to the Lewis and Clark fund have reached a total of 5351,012. Many people are disposed to wait, before mak ing subscriptions, until the site of the fair Is chosen. If the site Is in his pet location, one citizen will give so much. If It Is not. he will give less but another man will glvo more. "How much win i give.'" repeateu a South Portland citizen. "I will give 5500. but if the fair goes to South Portland I can afford to give 510Q0." Branch houses of Eastern firms nearly always have to refer the matter to head quarters. Sometimes It takes a long time to get a response, and sometimes the re sponse comes slower than It ought to do. "Have you made your decision what iMSfrraiHatagares&Tsniia v $Ss & Cream Baking Powder Used in Millions of Homes. 40 Years the Standard. A Pure Cream of Tartar Pow- - der, Superior to every other -known. Makes finest cake and pastry, light, flaky bis--cuit, delicious griddle cakes palatable and wholesome. Y Price Dakino Powder Co, Chicago. 1 Colds Coughs Asthma Bronchitis Hoarseness Jf ttuxk uunus veax inroats 5E& ,zg2iiu&X':vsxs:axi&u amount of stock your house will take?" one was asked. "No. I have not." "Have you any idea what you will sub scribe?" "No." "When will you, do you think?" "In about a month." "Well, Mr. Man, we think a whole lot of you, but don't you think you have had time enough to make up your mind? If you have not been able to do so In six months, do you think you can In one month more?" Well, the good citizen didn't know, but he would try e month, anyhow. So he 13 trying a month. NEWMARKET TAKES SHAPE Promoters of Co-Opcrativc Project Elect Olllccrs. Tho project of a co-operativo produca market has assumed definite shape. Tho enterprise "was organized Tuesday night by the election of officers and directors. Dan Kellaher is president; H. C. Thomp son, treasurer, and C. A. Bell, secretary. The board of directors has other members as follows: Fred Dresser, E. J. Partridge. G. C. Burns, and F. W. Funk. The Incor porators are Dan Kellaher, F. W. Funk and G. C. Burns. The capital stock i3 510,000, but there Is more money than this In sight, and the amount will probably be Increased. So far over 57000 is avail able, subscribed mainly In Portland, Ore gon City, "Vancouver and Astoria. Farm ers and country merchants will be solicit ed to join In the enterprise and take stock. Their disposition toward tho project has been very favorable, and It Is certain that their subscriptions to stock will raise tha capital of the corporation above 510,000. Tho market apparently has a sound busi ness basts. Its promoters say they will run the enterprise according to business principles; that it has no 'boom" ele ments in it, and that all this will be dem onstrated by the success that the project is sure to achieve. "Farmers and coun try merchants will get just treatment when they consign their goods to this market," said a dealer yesterday. "Here tofore they have got the 'high sign and the 'horse laugh when they had the tem erity to protest against fraudulent com mission houses. Stockholders in this cor poration will know Just what commission they have to pay to have their products marketer, and there will be no exorbitant charges." The enterprise had Its inception about two months ago, when the wholesale pro duce merchants announced the new sys tem of 10-day credits. It began with the association of retail grocers, but has since passed out of their hands. The wholesale produce merchants do not appear to be put out by the advent of the new market. One of them, safd yesterday that he welcomed It, because it would teach its promoters facts of the business which they now are not wont to consider. Ladles Can "Wear Shoes One size smaller after using Allen's Foot-Ease, a powder to be shaken Into the shoes. It makes tight or new shoes feel easy; gives Instant re 1W to corns and bunions. Cures and pre ents swollen feet, blistars, callous and sore spots. Allen's Foot-Ease Is a certain cure for sweating, hot, aching feet. At all druggists" and shoe stores, 25o. Trial package FREE by mall. Address. Allen S. Olmsted. Le Roy, N. Y. Note. Avoidbakingpowdersmadefrooi alum. They look like pure powders, and may raise the cake, 'but alum is a poison, and no one can 'eat food mixed with it without injury to health. ...-. aJ fc aaagng.