Tim MOKN1KG OKEGONIAN WEDNESDAY. JUNE 4, 1902.
WAS BABE KILLED?
Father Charged With Drown
ing His Child.
WELL-KNOWN ABERDEEN WAN
Crime la Alleged to Have Been Com
mitted at Ballard ATout Three
Weeks Ago-Xo Arrcats
Have Been Made.
ABERDEEN, June 3. The Sheriff of
King Countr has sent Instructions to
Sheriff Huff, of Chehalls County, -who in
turn has notified the police of this city,
that a man by the name of Paul Under
wood Is wanted by the authorities at Bal
lard, "Wash., to answer to the charge of
murder in having accomplished the death
of his infant daughter by premeditated
flrownlng. Underwood, who Is charged
with one of the most revolting crimes
Imaginable, the wilful doing away with
his 3-weeks-oia babe, arrived In this city,
his former home, Sunday afternoon, ac
companied hy his wife. He has been
around town since greeting his old friends
and acting most -unlike a man who had
just committed a deed that would make
men curse and women shudder, Toung
Underwood was raised In Aberdeen,
where he haa lots .of .friends and is well
11kel. A shingle-weaver by "trade, he -was
active in the organization of his craft,
jand was a prominent officer of Gray's
Harbor Union. No. 9S1S. Early in last De
comber he married Miss Nellie A. TVeath
erwax, a charming young lady of this
city, and the wide circle of friends of
both 'these young people predicted for
them xl happy life, they seemingly being
entirely suited to each other. Soon after
his marriage. Underwood gave up his job
at. the Union shingle mill and taking his
"bride to Ballard at once secured work
there. While but little wan heard of him
In the interval, both the families of the
young couple supposed them to be estab
lished there, and their return here Sun
day afternoon was a surprise. The accu
sation made againrt Underwood that he
premedltatedly thrurt h! little daughter
while still alive into a sack, weighted
it "with rocks, sewed it up and threw It
overboard in Salmon Bay, at Ballard,
eeems too horrible for belief by his
friends here, and they will need the most
positive proof to convince them of the
truth of the charge. Underwood and his
wife have not yet been arrested.
BUILDTXG BOOM CONTINUES.
Strnctnre Are Golnpr Up in "Walla
Walla on Ail Side.
"WALLA WALLA, June 2. Walla Walla
Is enjoying a continuance of the building
boom this year, which has marked the
rapid increase in population f the past
Ave years. At the present time, two brick
blocks are under course of construction
In the business district, and within two
weeks work will be commenced at least
.upon three more.
Another Odd Fellows' temple, to be one
of the finest In the Northwest, will be
erected this Summer. Residences are go
ing up in all parts of the city. Carpen
ters are scarce, and commanding f3 to i
.per day.
$11,000 Repair for Sehoolhonse.
C. H. Bebb, an expert civil engineer and
architect of Seattle, who was brought
here by the School Board to .examine into
the condition of the condemned Paine
School" -hulldlng. made his Teport to thr
boafd Today, and showy that the building
can be repaired at a cost of S1L0C0. The
board will have the building repaired at
once, intending to buy nothing but ma
terials of the highcrt grade, and wil.
employ a competent superintendent.
" R-emoJiHtrance to Franchise.
A petition is being circulated and nu
merously signed hy piomlnent residents
and taxpayers of the Ciry Council against
granting a franchise to the Washington
& Oregon Electric Railway, Light and
Power Company, or to any other corpora
tion or Individual, a Tight of way -within
the city llmltf for the hulldlng of any
railroad line or lines for traffic purposes,
other than street-car lines, contending
that suoh traffic lines are a detriment to
the best Interests of the city and property-owners,
a serious menace to the pub
lic welfare, and not at all necessary for
the building of such railway lines.
BIjy Lift to School Library.
The exhibit of drawings, sketches, relief
map work, ttc, of the children of the
public sci.ools, which had been displayed
at the Armory for three days, was
brought to a close yesterday. The work
shown consisted of essays, drawings,
sketches and relief map work. The citi
zens turned out en masse, and something
over $300 was realised for the school li
brary. "Woman "With Gnn Fined.
During the baseball season thus far ad
vanced the management has had consid
erable trouble with a woman named Kate
Hooten, about the recovery of those base
halls that have been hit over the fence
and Into the lot of Miss Hooten adjoining
the grounds. At the Sunday game the
usual number of balls were lost, and Miss
Hooten was arrested for Interfering with
the boys that have been paid for recover
ing the bal?s, having used a revolver to
carry out her orders to keep away. At
the inquiry in court. Miss Hooten was
fined 510 and ordered In the future to allow
the recovery of the balls.
WOMAN'S CLUB REUNION'.
Washington State Federation Con
venes at Pullman.
PULLMAN, Wash.. June 3. The Wash
ington J5tate Federation of Woman's
Clubs "began Its sixth annual reunion
here this afternoon with an executive
meeting of the board of directors, at
which 37 delegates were present. The
session proper begins tomorrow and con
tinues . three days. Two hundred guests
are expected. Mrs. Elvira Marquis Ell
wood, of Ellensburg, as state president;
lira. Jessie F. Emery, of Spokane, state
treasurer, and Mrs. R. B. Hassell, of Ev
erett, recording secretary, nre present.
The officers of the state and local clubs
were entertained tonight at dinner by
Mrs. Vanderen at Stevens Hall, the girls
dormitory of the college, after which
they were entertained by an open-air con
cert on the college campus and an exhi
bition drill by th young ladies cadet
corps.
HUMPHREYS LOSES HONOR.
Another Snit to Find Ont Hovr Many
State Ofilcers Are to Be Elected.
OLTMPIA, Wash., June '3. Arrange
ments have been made which will, if
precedents are followed, result in the
sidetracking of the mandamus proceed
ings brought by John E. Humphries, of
Seattle, against Governor McBrlde, to
compel the latter to name In his forth
coming election proclamation certain va
cancies to be filled. Another action will
take precedence over Mr. Humphries
case.
It seems that Judge Humphries was par
ticularly anxious to test the question of
the number of Judges to be elected this
Fall, but the Governor was anxious to
also have the questions of vacancies in
his, office nnd that of Lieutenant-Governor
testfed as well. As a result of a confer
ence Mr. Humphries agreed to bring a
suit that would make a clean sweep of
all matters in doubt, and it is said his as-
?iratIons to become a nominee on the
udgesh'lp ticket "were given encourage
ment by leading: Republicans as a reward
for his efforts. His case was filed in the
Supreme Court Monday, but It was found
to dial only with the number of vacan
cies on the Supreme Bench, the Governor
ship and Lieutenant-Governorship not
being mentioned. This omlaalon. 1t Is said,
was very unsatisfactory to Governor Mc
Brldo and Attorney-General Stratton, and
when J. W. Robinson, of this city, signi
fied his desire to bring a case that would
test all matters In doubt, he was encour
aged to proceed. The papers have been
drawn and an agreement secured from
the Supreme Court to hear the applica
tion of Mr. Robinson at 10 A. M. next
Friday. Judge Humphries' case is set for
2 P.M. the same day. and as the former
will Include the questions presented In
Judge Humphries application. It is an
ticipated that the court will give the hit
ter case only passing consideration, and
whatever honors Judge Humphries hopes
to gain will fall on other .shoulders, if any
honors are to be gained.
HOW ST. JOHN GOT HIS START.
Bank-Wrecker "Way of Secnrinjr
Wnshinjrton Institutions.
WHATCOM. June 3. In the St. John
trial today, the story of how the defend
ant managed to secure control of three
hanks in this county came out. The first
bank was secured by St. John and Frank
Oleson going to four of Oleson's friends,
borrowing $2300 from one, JG00 from an
other, $414 from a third, and $720 from a
fourth. This money was taken to the
Seattle National Bank and deposited in
SL John's name. "After St. John doing
thle." testified Cashier Andrews, of that
Institution, "and on his representation
that he was possessed of an income of
54000 per month, and woujd almost imme
diately come Into possession of SS5.O00,
matured Insurance policy. I lent him
$4500. with the understanding that I was
to have four-fifths of the capital stock
of the bank as security, after control was
secured." Mr. Andrews testified that af
terward he lent St. John $22,500 more with
which to huy the Citizens' National, of
Falrhaven, getting the bank's stock as
security.
Proprietor Gundlach, of the Blaine
Bank, testified that he sold because he
was given option of doing so, or being
forced out of business" by having a big
opposition bank started. He was told by
St. John that he intended to put banks
In all the larger Coast cities, with
branches In Chicago, New York and Lon
don. His company was to be called the
Anglo-American Banking Company.
GRAND LODGE ELECTION.
Washington Odd Fcllowa Will Meet
Next at Walla Walla.
"WHATCOM. June 3. The Grand Lodge
of Odd Fellows today listened to the read
ing of reports by their officers, and chose
Walla Walla as the next place of meet
ing, and elected officers for the ensuing
year. The -proposed amendment to the
constitution, providing for biennial, In
stead of annual meetings of the Grand
Lodge, was voted down. J. C. Taylor, of
Spokane, war chosen Grand Master, and
George A. Ellsperman. of Blnlne, repre
sentative to the Sovereign Grand Lodge,
whloh meets at Des Moines. la., next
September. The report or the grand sec
retary shows that the lodge made a gain
of 1232 members In this state during the
last year.
The Rebekah As?embly also chose offi
cers today. Inna X. Smith, of Spokane,
was made president. There were spirited
contests for the positions of grand war
den and grand treasurer, resulting in the
election of Ella Parks, pf Ilwaco. for the
first named, and Mra Mary Runkle, Seat
tle, for the other.
NorthTTCKt Army Orders.
VANCOUVER BARRACKS, June 3.
Lieutenant Thomas S. Moorman, Seven
teenth Infantry, has been attached to
Company A. Eighth Infantry, and sent to
Fort Lawton for temporary duty to await
the arrival of his company at Seattle en
route to Fort St. Michael, where It will
bo stationed.
Lieutenant Moorman left for Fort Law
ton ytf terday. In charpe of the following
men of the Signal Corps: Sergeant J. T.
Baurr. C. L. Blanchette. R. P. Kersten,
B. Cook. W. H. Tanner. A. C. Butler, H.
F. Miller. L. IX -Shollenberger. E. A.
Muchey. A. E. Mitchell, L J. Martin. E.
L. Moore, J. Murphy, A. W. Oha and J.
Weidncr. The?e men have been nsalgned
to duty on the telegraph line between that
station and Fort Gibbon. The remainder
of Lieutenant Moorman's command. Cor
poral J. Edmunds. M. Coyle. H. E. Sim
mons. H. ShWten. S. L. Stewart. F. A.
RorT,p and F. B. Thurman, will be sent
to Fort Llrcum to report to the signal
officer In charge for duty.
Lieutenant Jennings B. Wilson, Seven
teenth Infnntrv. has been attached to
Companv B, Eighth Infantry, and will
join It upon its arrival at Seattle.
State Education Board Meets.
OLTMPIA. Wash., June 3. The State
Board of Education met today in compli
ance with the law. Three members were
present State Superintendent Bryan. Mrs.
Carrie Shaw Rice and Mrs. Clarence Ryan.
On account of the small number pres
ent. the board transacted only a small
amount of routine matters, and adjourned
till June 1C, when the other members will
be able to attend.
Oreeon Mining Stoclc Exchange.
PORTLAND, June 3.
Today's quotations were:
Bid. Asked.
Alaska M. & M 0 11
Bronze Monarch KJJ 18H
Caribou ;.... 0 8
Coppcropolls 22 lpO
Crystal Consolidated , H' 17U
Chicago "3s fcVs
Cacade Calumet 2f i
Gold Hill & Bohemia 10$ 20
Huronlan G 8
Lot Home 23
Sumpter Consettaated 2I& 4
Sweden Copper (Gtd.) ...... .875 90
Winnipeg (Ltd.) 10 15
SPOKANE. June 3. The closing quotations
for mining stocks today were:
Bid. Ask.l Bid. Arte
Amer. Boy .. C CVijuamb. Car ...Sjl 64
Blacktall ....11
Butte & Bos.. 2ty
Deer Trail ... lU
Gold Ledge .. m,
13 Republic ..,.. 0 10
3 Reservation .. 1
2 ISulllvan C-, 8
l;Tom Thumb.. 20 22
G lSan Poll .20 22
L. P. Surp... aft
Mtn. Lion ...22H 24HTrafie Dollar., 04 12
Horn. Glory., zft -a ijim maine ... 1 4
Prin. Maud ..2 3 IFlsacrmllden..-5H
Qullp 27 34 Ben Hur 11
01
12tt
SAX FRANCISCO. June 3. Official closing
quotations for mining stocks:
Alta SO 00! Ken tuck Con $0 01
Andes .........
Belohcr
Best & Belcher
Bullion
Caledonia
2Mexlcaa 08
4iOccl6ental Con ... 20
lOiOphir 1 30
Overman
Potosl
Challenge Con
Savage
Chollar 17Beg. Belcher
Confidence
m
Sierra Nevada .
Silver Hill
Union Con ....
Utah Con
Yellow Jacket ..
Con. Cal. & Va...
Crown Point ....
Gould & Curry...
Hale & Norcros.
Justice
!1
"I
8
NEW TORK, June -. Mining stocks today
closed as follows:
Adams Con SO 201L!ttle Chief f0 12
Alice 45Ontar!o S 00
Breece
BOiOohlr
1 15
Brunswick Con
oiPhoenix
0
Comstock Tunnel. 5Potosl so
Con. Cal. & Va... 1 SSiSavage n
Deadwood Terra.. 1 OOlSlerra Nevada
Horn Silver 1 40!
Small Hones 4U
lron Silver 75
Leadvllle Con ... 5
Standard 3 25
BOSTON, June 3. Closing quotations:
Adventure ,....$ 23 50Osceola S G2 00
Alloutz .1 3 OOiParrott 30 50
Amalgamated . CO 00 Qulncy 135 00
Bingham 36 O0Sacta Te Cop... 2 00
Cal. & Hecla.. 570 O0Tamarack ...... 140 00
Centennial .... 10 50 Trinity 13 00
Copper Range. 58 50Unlted States .. 20 73
Dominion Coal. 140 OOlUtah 21 50
Franklin 11 ODivictorla ....... 4 50
Ule Boyale .... 12 OOlWlnona l 50
Mohawk 42 00 Wolverines ... 55 CO
Old Dominion . 20 501
Asked.
CURES NERVOUS HEADACHE
Horaford'a Acid Phosphate.
It removes the cause by quieting the
nerves promoting digestion and. Inducing
raqtful tfeep.
MARQUAM' LOSES SUIT
SUPREME COURT HOLDS SALE OF
PORTLAND BLOCK VALID.
Payment of Taxes on Loan 3fot "Uanry
Tribunal Disposes of Seven
Cases.
An agreement for the payment ot
taxes on a. loan, in addition to a. rate
of Interest, does not constitute usury,
even if the tax makes the total amount
greater than the interest at the legal
rate.
Failure to question the validity of &
Sheriff's return of sale in the lower
court precludes taking advantage of the
defect in the appellate court.
A "Sunday" paper published on Sat
urday !s not a Sunday paper In a legal
sense. 1
SALEM, June 3. The Supremo Court
today rendered seven decisions, as fol
lows: The United States Mortgage & Trust
WELL-KNOWN IN POLK
The Late D. S. Nash.
BSSSSSSSSSSSsfSe ' "WBSlBSSSSSSiflVI
North Yamhill, and rince that time had lived at Buena Vista. Eugene and Mc
Mlnnrllle. His first wife died' August 2. 1852... and in 18S5 he was married to
Melvlne C HalfoTd. ot Sprague, Wash., who still -survives, hlra, with the follow
ing children: Mrs. Marguerite MoLane and Jake Nash, of Buena Vista; Mrs. Mary
Rathburn, of Portland; Mrs. Martha Gray, of Lawen, Or., and Eunice Bonney, of
Woodburn, Or.
Compmy, respondent, vs. P. A. Marquam
et al., appellants, appeal from Multno
mah County; John B. Cleland, Judge;
affirmed; opinion hy Justice Wolverton.
This Is an action Involving the fore
closure of a mortgage for $300,$0, given
November 13, 1EH, for five years, on Port
land property to United States Mortgage
& Trust Company In lS9i by appellants.
A stipulation In the mortgage provided
that in case of default In payment of
interest quarterly, or complying with con
ditions thereof, the mortgagee could de
clare the whole of the mortgage duo and
foreclose at once. Interest payments
for February, May and August, 1E69,. be
ing defaulted, foreclosure proceedings
were begun November 18, of that year,
the date upon which mortgage became
due. On the date of the execution of
the mortgage Marquam and wife en
tered Into a trust agreement with the
title company in relation to the mort
gaged property and other property In
Portland, said company to have sole
management of the same, at fixed
charges, 1 supplemental agreement be
ing subsequently made, authorizing the
company to make leases, extending not
more than a year beyond life of trust,
all surplus receipts over expenditures to
be applied to the discharging of the
mortgage, and when all requirements of
the trust were satisfied then the prop
erty was to be rcconveyed. When suit
was begun, Marquam and wife alleged
violation of terms of agreement on part
of mortgage and trust company, and
cl limed leases had been made' for a
period extending a year beyond the life
of the contract; that the leases were
an incumbrance and cloud upon title to
realty, and thit foreclosure suit would
work Irreparable Injury to appellants.
Upon trial under Issues tendered by
denial of all material allegations of
answer. It was found that the trust
agreement was not any part of the con
tract with the mortgage company, and
that the mortgage company was not a
party thereto; that the title company
was not the agent for tho trust com
pany in relation to trust agreement, that
tho leases complained of were made at
Its own instance without the approval
of Marquam and wife, that the mortgage
company did not consent to making more
than two of them, and the plea was
dismissed.
Subsequently the Marquams answered,
alleging, among other things, that the
trust agreement wis entered Into In part
consideration for the loan made by the
mortgage company, and that its execu
tion was an cssontlal condition prece
dent to the making of the loan; that the
extension of the time of Joascs beyond
date of foreclosure of mortgage operated
as a cloud on title to the land, and that
the property conveyed In trust was sub
stantially all the property owned by tho
Marquams at that time; that Marquam
was indebted to divers other persons In
the sum of more than $70,003; that tho
mortgage and trust agreement was, in
effect, an assignment for the benefit of
only a part of Marquam's creditors and
wis, therefore. Illegal and void. A coun
terclaim for 450,000 was made, but, upon
motion and demurrer, the answer was
held to be Insufficient.
Tho title company filed a cross-complaint,
claiming balance due of 10,SG7 SI.
The Marquams answered, but the defense
was stricken out.
Upon trial, lov.'cr court held that tho
title company, upon tho execution of the
first agreement with the Marquams, came
Into possession of the property and had
slnco controlled and managed it, ren
dering statements of the management of
the trust, that no objections were ever
made thereto prior to July, 1SK, and that
In May, 1000, there was due the title
company J2S.K7, exclusive of attorney's
fees; that the trust agreement was, in
effect, a mortgage, and had been carried
out, and the assets to arise from a sale
under execution were marshalled with
roference to tho relative equities of the
plaintiff and the several parties defend
ant. The Marquams appealed.
On question of loaslng parcels of the
property beyond the maturity of the
mortgage, court finds there were but two
such loases made, neither of which was
at the instance of the mortgage com
pany, and was not effective to postpnno
or forfeit the plaintiffs' mortgage Hen.
Court holds that the loan was not curi
ous. The opinion on this subject says:
"Parties are permitted to contract for
interest as high as 8 per cent, with taxes
added, and If all rates, charges or other
compensation agreed upon for the use
of the money do not "exceed the rate,
aside from the taxes on the debt or ob
ligation, the transaction does not fall
within the interdiction of 'the "law. and
is, therefore, not usurious." Tho claim
that tho extension of leases were incum
brances and clouds upon Marquam's ti
tle are held to be mere conclusions of
law, -Insufficient to create an estoppel,
much less to require a forfeiture of the"
mortgage comoiny's lien." Action of trial
J court in considering unavailable the claim
that the transfer by the Marquams 01
substantially all their property to ine
mortgage and trust company acted as a
hindrance and a fraud upon other cred
itors was confirmed. The contention
that the gtltle company, as plaintiff's
agent, failed to apply rents and profit
collections to payment of Interest notes
is considered a. technical objection that
was entirely disposed of In. the lower
court. The opinion holds that the "life
of tho trust was made dependent upon
the existence of the mortgage, and the
title company was given a lien for ad
vances made in pursuance of the stipula
tions contained in the trust agreement,
so that a foreclosure of the mortgage
would necessarily put an end to the
trust relations. Regardless of any stip
ulations of the parties, such foreclosure
would deprive the trustee of tho subject
of the trust to operate upon, and the
agreement would henceforth become op
erative. It was, therefore. Incumbent
upon the tit'e company, when made a
party, to answer, settme up Its duties
and obligations in the premises, as well
as. its rights and Interest in the prop
erty; and, having a lien, whether It
comes by a trust agreement, technically
RDaklncr. or an Instrument more prop-
1 erly denominated a mortgage: It has as
AND YAMHILL COUNTIES
INDEPENDENCE, Or., Juno S.
Daniel Sandusfccy Nash, who died
near 2IcMlsnvllle, May 31, and was
buried In Buena Vista cemetery
Sunday, was well known In Polk
and Tamhlll Counties. He had been
a resident of these sections for 30
years. Mr. Nash was born In Ohio,
October 0, 1321. He enlisted In the
Union Army on July IS, 1S01, from
Putnam County, Missouri, under
General Prentice, and received his
discharge on March 15. 1SC2. Rich
ard Nash, his grandfather, helped
to survey and -plot the City of Bos
ton. Maes. Thomas Nash, the fath
er ot the deceased, was a scout in
the BSackhawk war' under General
William H. Harrison. The eon also
served In the same capacity as his
father. In the same war. and under
the same General, as well as In the
Seventh Mlnsourl Cavalry, Company
M. under Colonel Morgan, this com
pany being known as the "Bloody
Seventh." He was a member of the
George A. Custer Post, ot McMlnn
vllle, .Dr. He came to Oregon In
1804 with his wife and six chlldrcn.
The following year he located at
good a right to have It foreclosed as
If it were plaintiff In the suit." Opin
ion holds that the title company was
entitled to foreclose the mortgage on
lots In block 29, since those lots were
hypothecated by the same instrument to
secure the same obligations to the title
company as the property covered by
plaintiff's mortgage, and as much subject
to a foreclosure at the suit ot the title
company as the other premises. "A
cross-complaint of a lien is, for all pur
poses, a complaint against the holder of
the equity redemption, and may also
extend to all property covered by his
lien, and thus he may havo full relief
at once and not be driven to a fore
closure by piecemeal," concludes the
opinion.
Decree of lower court is affirmed.
The United States Mortgage & Trust
Company, respondent, vs. P. A. Marquam
et al., appellants; appeal from Multno
mah County; John B. Cleland, Judge;
affirmed; opinion by Justice Wolverton.
This Is an appeal from a decree con
firming the sale of real property under
execution. Principal objection Is lack of
proof of publication, which was based on
technical grounds, there being no affidavit
of any attache of the newspaper printing
the notice that was attached to the
Sheriffs return showing the publication.
This question not having been raised In
the trial court, appellate court holds It
cannot be urged in the superior court
for the first time. The opinion holds
that the "Sunday Welcome," being- pub
lished on Saturday afternoon, Is not a
Sunday publication, in a legal sense, and
that the publication of the notice In that
paper falls within tho legal acceptation
of a newspaper. The judgment of the
lower court is affirmed.
C. S. Brown and Anna Wilkinson, re
spondents, vs. Mary Case, appellant; ap
peal from Clatsop County; Thohias A.
McBrlde, Judge; reversed and dismissed;
opinion by Justice Wolverton.
I. W. Case, defendant's brother, In
consideration of his debt to her of $c000
and of her keeping house for him, con
veyed to her his home, valued at about
$11,000, and, thereafter, made an assign
ment for the benefit of his creditors.
After his death this suit was brought
to set aside the deed to his sister. It
Is held that he was solvent at the time
and that the consideration Is not so In
adequate as to warrant setting aside the
deed. The decree is reversed and tho
complaint dismissed.
State of Oregon, respondent, vs. Manny
Howard, appellant; appeal from Baker
Cdunty; Robert Eakln, Judge; reversed
and remanded; opinion by Chief Justice
Bean.
Howard was convicted of the larceny of
a mare in Baker County. Testimony
showed that Howard had authority to
take up a mare, branded "I. C," the
property of one Palmer, from off the
range. He did so and changed brand
on animal to "H. O." Palmer learned
that his horse had been found by How
ard and telephoned, when Howard agreed
to leave the animal In Palmer's field.
But its owner went about 15 miles after
the animal, and upon finding the brand
changed Howard and a companion namea
Meldrum were arrested. Judge In lower
court refused to Instruct jury, as re
quested by defendant, that If the accused
took possession of the animal, under
agreement with the owner and with no
Intention at the time of the taking of
stealing her, it would make no differ
ence whether the brand was changed or
not, and that if they should so find, they
should disregard any and all evidence
as to the change of the brand. Court
holds 'that the jury was not clearly and
distinctly Instructed, since the proof In
Uthe case tended to show cither the
crime of larceny by stealing, for which
the defendint was being tried, or the
crime of larceny by altering tho brand,
another separate and distinct crime.
The Judgment Is reversed and the
cause remanded for a new trial.
W. T. Carroll, respondent, vs. Eli2a
Nadlne, appellant; appeal from Union
County; Robert Eakin, Judge; reversed;
opinion by Justice Wolverton.
J. E. Reynolds, appellant, vs. J. W.
Scrlbsr et al., respondents; appeal from
Union County; Robert Eakln, Judge; af
firmed: opinion by Chief Justice Bean.
German Savings & Loan Society, re
spondent, vs. P. L. Willis; ordered on
stipulation that this cause be determined
on the briefs without oral argument.
W, A. Coughanour, appellant, vs.
James H. Hutchinson and W. R. Hutchin
son, respondents, James Welch and Sarah
Welch, appellants; appeal from Union
County; Robert Eakln. Judge; affirmed;
opinion by Chief Justice Bean.
German Savings & Loan. Society, r
spondent, vs. Sarah M. Kern, adminis
trator, appellant; ordered on motion that
appellant have until June 24, 1303, to
serve and file her brief herein. '
Julia C Richardson, appellant, vs. Ber
trand Orth, respondent; argued and sub
mitted on appellant's objection to tho
taxation of costs herein.
B. O. Walker, an attorney of the State
of Washington, was admitted to prac
tice la this state.
COLONEL BACHE DIED.
TVclI-Knovrn Army Snrgeoa Passes
Array at San Diego.
SAN DIEGO, CaL, June 3. Colonel Dal
las Bache, Surgeon United States Army,
retired, is dead at his home in this city.
He entered the Army as Assistant Sur
geon In 1S61. and served in the field dur
ing the entire Civil War. A.fter peace
was declared he was stationed for a time
In San Francisco, and for a number of
years was the Chief Surgeon of the De
partment of the Platte, with headquarters
at Omaha. Later he was at Washington
as Assistant Surgeon-General. He re
mained on duty there until his health
failed, and then he came here. HI3 re
tirement from the Army occurred since
ho came here. Colonel Bache was twice
married, his widow being the daughter
of Major-Gcncrai James W. Forsyth, re
tired. Orcgoa Pioneer of 1S-1S.
LEBANON, Or., June 3. Richard Chea
dle, an Oregon pioneer of 1S4S, died at his
farm, two miles south of here, yesterday,
aged 72 years. Mr. Cheadle was born In
Ohio, June 13, 1S30. He came to Linn
County soon after. Arriving in Oregon,
in 1S43 he took up a homestead near here,
where he resided continually until his
death. In 1S1 Mr. Cheadle married Miss
Louise Lee. The fruits of this union were
11 children, eight of whom are still liv
ing Dr. E. M, Cheadle, Mrs. Alice Borch
ers. Dr. G. W. Cheadle, Mrs. Kate Hone
man and Miss Grace Cheadle, all of Port
land; Mrs. Ellen Hall and L. R. Cheadle,
of Lebanon, and Mrs. J. M. Powell, of
Spokane.
A" few years ago Mr. and Mrs. Cheadle
moved to, Portland on account of poor
inn, !,,! if thatv rarm tn ohorr. Ai
their son. L. J. Cheaale. About two weeks
later they returned on a visit, when Mr.
Cheadle became 111, an attack which
proved fatal.
Pioncer Salem Business Man.
SALEM, June 3. Word was received In
Salem this evening of the sudden death In
the State of Sonora, Mexico, of Amos
Strong, a pioneer resident and business
man of Salem. Mr. Strong went to Mexi
co several months ago, where he has ex
tensive mining Interests, and his unex
pected death is supposed to have resulted
from intense heat, eince his family here
had no knowledge of his Illness. Deceased
was about- 50 years of age, and was a na
tive of Salem. He Is survived by a wife
and one daughter. For many years. Mr.
Strong was engaged in restaurant busl
nces in this city.
PROVES TO BE PORTLAND -MAN
Ilia DecompoHeil Remain Found in
Salmon River, Idaho.
SALMON, Idaho, Juno 3. The partly
decomposed remains of a man were found'
on a rocky bar in the Salmon River last
evening, about six miles below this place,
by a boy .who had be"en fishing In the
neighborhood. A Coroner's Jury empan
eled to inquire into the cause of the death
brought out the fact that the remains
were those of B. A. Whlttier, a traveling
salesman, representing the firm of Chap
man Bros. & Co., of Portland. Or. Whlt
tier came here early last October, and -it
was remarked that he was drinking heav
ily. Finally he became despondent and
attempted to cut his throat. A day or two
afterward tho man disappeared and had
not been seen since. Speculation has been
Wide as to what became of him, but tho
general opinion was that he had drowned
himself, and the sequel goes far to prove
this to be the case. Whlttier Is said to
have been well connected, and diligent in
quiry was made for him hy his relatives
and the business house he represented
shortly after his disappearance It is said
he was a m6mber in good standing w'l(h
the Odd Fellows and A. O. U. W.
Traveling men in Portland who were
seen last night had never heard of Whlt
tier. and knew nothing of the firm he was
said to have represented. The name of
neither Whlttier nor of Chapman Bros.
Ac Co. appears in the City Directory.
Dolnfrs of Salem City Council.
SALEM, Juno 3. An effort to dispense
with one special nollceman now in the
empldy or the city, and return to a one
man night police service was defeated by
a decisive vote at a meeting of the City
Council tonight.
Tho Council went on record as opposed
to granting any further building privileges
within tho business district, where. In
roofing, combustible materials are used.
7ifr,J&.
P CTdry woman in the land today aick
with female troubles conld be brought
to realize that a medicine exists that
would restore her to health, there would be
few homes that would not resound withre
joicing. Barren wives, invalid mothers,
sisters and daughters furnish American
homes with much of their bitterness and
sorrow, lnat there is such a medicine
has been proven by the reported relief of
over a million Buffering women. Thou
sands of them have taken the trouble to
I personally write to The Chattanooga Jfed-
icine Company of their cures. They tell
how "Wine of CarduL ha3 strengthened tho
weak girl and prepared tho apprehensive
wife for motherhood, ho it has quickly
cured mothers and women of every age
and station of all kinds of female ills.
One of these cures is that of 35fts Nan
Stahlberg, of No. 448 "West Fifteenth
Street, Chicago, III., who i3 veil known as
the Secretary of the Valkyrie Singing
Club She occupies a very prominent posi-
Hagi"ifeiEwfin9"""EHUlV
w
WINE OF CARDUI
BALLIET ON THE STAND
ACCOUNTS FOR SUMS UNDER DIS
- PUTE PAID ON MINE.
Attorneys "Will Make Their
inenta Today Defendant
Sanguine of AcqulttaL
Arara
I DES MOINES, la., June 3. As far as
the taking- of evidence is concerned, the
case of the Government against Letson
Balliet, in the Federal Court here, was
completed today. Witnesses for the Gov
ernment were paid off and discharged,
and some of them left for their homes.
Arguments' in the case will be com
menced tomorrow morning, and the case
will probably be completed, with the pos
sible exception of tho Instructions to the
I jury by Judge Munger. The rapidity with
t which thevdefense completed Its case was
somewhat of a surprise. It Is taken by
many to mean that the defense has great
confidence that the verdict will be favor
able to the defendant.
Balliet was his own principal witness to
day. He was on the stand practically the
entire afternoon. Nine-tenths of the time
he was answering questions put by his
counsel. The cross-examination of Balliet
by United States Attorney Miles took Just
about 10 minutes. That time was devoted
to an attempt to show that Balliet had
not spent the amounts of money alleged
by him in securing controlof the mine.
The attempt was unsuccessful, however.
as Balliet gave the amounts and names of
persons to whom the payments were
made, accounting for the major portion
of the amount claimed by him.
Tn his tofltlmnnv. RalHt rtpnld that he
vr nl1t.nHr t i.o nf tho cn
called "Jolly" or "hot. air" letters. He 1
said ha knew nothimr about them. If
rnm iffo - , , . Mi!.
by such names; he knew nothing about
it. The form letters were used by the
m .1 .-,!- ..i, -niiiiot
saw h -snnt rthmit si 5 Mfi or s (Mo In se-
i ., I-- .....,,. t,h
the Sheriffs certificate to the mine and
paid off judgments, back taxes and other
debts. He said he had found v. mortgage
for 525,000 on the mine when he went to
Baker City, after having bought the mine
concerning which he knew nothing, and
so had to wait until the time for redemp-
tion had expired before securing full
possession. It was this that caused so
much delay. Articles of incorporation of
the White Swan Mining Co., Limited,
were introduced to show the character of
the business the company was authorised
to transact. The Sheriff's deed to Balliet
was also introduced with Balllefs deed
to the company.
Attorney Miles cross-examined Balliet
for about 10 minutes. He questioned him
t as to the amounts of money Included In
the $15,000 or $20,000 which he said he paid
In securing control of the White Swan
Mine. Balliet accounted for $12,000, and
said there were a number of small judg
ments which he could not remember.'
This closed the taking of evidence.
ADMITTED TO THE BAR.
Entlrc Clans Recently Before
SU-
premc Court PasHes.
SALEM, Or., June 3. The Supreme
Court today announced that every mem
ber of the class of 21 young men taking
the examination before the court last
week for admission to the bar had suc
cessfully jpased the examination. The
class was composed of: Jacob B. Ofner,
M. Otto Pickett. B. Leroy Stowell, Robert
H. Thomas, James M. Ambrose, Paul 3.
Dick. 'John- D. Nowsom. Jay H. Upton,
Hopkin Jenkins, J. Harry Kloeterman.
Nehemlah Mosessohn, N. Wilbur Wal
lace, David N. Mosessohn, Samuel E. Not
son, John L. Norwood, Allen Forward,
C. C. Bryant, W. S. RIsley, Jose Morene
La Calle, Frank B. Riley, W. C. Camp
bell. Monthly Report for Asylum.
At a. regular meeting of the State In
sane. Asylum Board today Dr. G. F. Cal
hreath, superintendent of that institution,
submitted hid report " for the month of
May. There are now 1247 patients receiv
ing treatment at tho asylum. Dr. Cal
hreath's report contains the following sta
tistics: . Mate. Female. Total.
Vrt. nntliTitR remain
ing April 30 875 S76 1251
Received during the
month .-. 17 12 29
Total ...832
Discharged, died and
eloped 22
Number remaining
May 31 870
3S3
11
377
12S0
33
1247
Lockout nt San Bernardino.
SAN BERNARDINO. June 3. Notice
was given today that until further notice
the locomotive depattment of the Snnta
Fe machine shops In this city will be
closed. This action is simply a lockout
because of failure to settle the boiler
makers' strike The repair shops at Need
les were also closed d6wn Saturday.
Baptist Association Meeting.
RIDDLE, Or., June 3. The 4Sth annual
Miss Nan StaJvliseri
Secretary of tho West Side Yalkyrio
Slnginc; CInb ot Chicago.
tion and many suffering women will bo
brought to know and appreciate "Wine of
Cardui by what she writes:
int of Cardai is certainly a boon to
women and as my experience with it has
been most gratifying I am glad to speak a
good word for it. About two years ago I
caught a severe cold at the time of meestrn-
atioa and it stopped and discontinued for
several months I had very severe pains at
the time with bearing-down pains and head
aches almost constantly and I did cot care
whether I lived or died, I lost flesh and
added about ten years to toy age. After I
had about given up hope of ever getting
well my; attention was called to your "Wine
of Cardui One bottle helped me and sis
cured me."
Could any woman ask more in the way
of relief than ilis3 Stahlberg secured?
This same relief is in the reach of every
woman in this land today. No one is too
poor to buy health in a battle of "Wine of
Cardui. Thousands of women who go to
specialists and spend thousands of dollars
in the fruitless pursuit of health finally
come to "Wine of Cardui and secure relief.
"Wine of Cardui is the simple remedy that
relieves female suffering. "Wine of Cardui
never fails to benefit. It is peculiarly
adapted to regulating menstruation and
reinforcing weak women. Druggists all
over the country are selling thousands of
bottles of Wine of Cardui every day. No
one i3 too poor to buy it, yet no amount of
money could buy a better medicine. "Wine
of Cardui ha3 endeared itself to the 1 ,000,000
women it has relioved. They love the
meeting- of the CorvalHs Baptist Associa
tion, was held with the Riddle Baptist:
Church, May 50, 30, 11. The following
named officers were elected by acclama
tion: Moderator, Rev. S. A. Douglas.
Roseburg-; clerk, T N. Humphreys, Myrtlo
Creek J treasurer, S. C Miller. Dlllard.
Rev. C. P. Bailey preached the annual ser
mon. There were 16 churches represent
ed by 32 messengers, and probably a dozen
more visiting brethren.
Steps were taken toward having on
of the American Baptist Publication So
ciety's colportage wagons Introduced la
this field as well as looking toward plac
ing an association missionary In thl
work- Elder B. C. Miller preached one of
hio persuasive gospel sermons from the
text, "My son, give me thine heart" to a
crowded house. The next association will
meet with the Oakland church on Thurs
day morning after the first Sunday In
July, 1903.
Astoria Brevities.
ASTORIA, June 3. The County Com
missioners court will begin Its June term
tomorrow and one of the first things to
be done will be to open bids for the con
struction of the new Upper Necanicum
bridge.
Link C. Burton, deputy fish commis
sioner for the State of Washington, has
returned here from a trip of patrolling the
north shore of the river. He used a small
boat and rowed from Ilwaco to Van
couver, visiting every slough, creek and
river on the way. He was very success
ful and secured licenses from some fisher
men who had never taken them out be
fore. Graduate From Divinity School.
EUGENE, June 3. Graduating exercises
of the Eugene Divinity School were held
last night at the First Christian Church.
A fair audlcnco was In attendance. The
address before the graduating class was
"" ueiore ini
delivered by Rev. J.
T. Eshelman. of
Tacoma. V. E. Hoven nnd E. R. Moon
were ordained to the ministry. The grad-
i uatos are as follows: Classical and mlnls-
rj?j J;ourse;, F' E. BlUInston. Elmer M.
J1"0"' Victor E. Ho;en. Leon D.
f Green: English ministerial course. Allc.
I M- Smith; school of oratory. Constance A.
Handsaner.
Validity of Law Upheld.
OLYMPIA, Wash.. June 3. In a case
brought to test the validity of the quar
antine laws of the state, the rizht of
County Commissioners to order and main
tain a quarantine was upheld by Judge
Linn, of the Superior Court today. The
proceeding was an application for a writ
of habeas corpus for a logger, who was
arrested for breaking through the small
pox quarantine established in the Mason
County Logging Company's camp. The
writ was denied, and the company will ac
cept the decision as final.
Commencement at Willamette.
SALEM, June 3. Willamette University
commencement exercises were begun this
evening, with a concert at the University
Chapel by the undergraduates of the col
leges of music and oratory. Friday wlh"
be devoted to field sports. Sunday will ba
observed as Baccalaureate Sunday, and
commencement exercises of the different
collegeu will take place next week.
Officer's Wound Proves Fatal.
WHATCOM. June 3. S. A. Grandjeau,
ehot by mistake by a brother officer, while
both were engaged in a search for men
who held up a saloon 'in Falrhaven, May
25, and shot Policeman Peterson and
Thomas Barger, died here today of his
wounds. v
Warden nt McNeill's Island.
TACOMA, June 3. The report is cur
rent in well-informed circles that Edwin
C. Miller, of Tacoma, Deputy County As
sessor, has been appointed warden at the
Government penitentiary on McNeill's
Island, to succeed Warden Falmer, term
expired
Pioneer Found Dead In His Cabin.
OLXMPIA, Wash.. -June 3. Nathan W.
White, a resident of this section for 33
years, was found dead in his cabin near
Kamilche, Mason County, last night
White was one of the oldest pioneers of
Mason County. He was 75 years of age.
Inquiry Into Fcrnle Disaster.
-VICTORIA, B. C, June 3. Mr. Haw
thornthwalte, member for Nnnalmo, will
move In the Legislature that a Royal
Commission be appointed to inquire into
the disaster at the Fernle mine.
Shingle Mill Strike Over.
ELMA. Juno 3. The strike at the Ta
coma Cedar Lumber Manufacturing Com
pany's mill is over, and the men have
returned to their work.
CASTORS A
For Infants and Children.
The Kind You Have Always Bough!
Bears the '
Signature of
ffl&&Jjl4
name "Cardui" and they write the fol
lowing lettera to show the world what they
think of this medicine:
. Mrs. Mary Cline, Stilesboro, Ga.:
"Your medicines have done me more
good than any that I have ever tried. My son
from Chattanooga brought me a bottle. Af
ter being confined to my bed for nine weeks
it got me out of bed and I gained 23 pounds."
Mr3. Pearl Philpot, Muskogee, I. T.:
"I was married two years and had no
children. Vhen my monthly periods would
come I would have pains in my back, head,
legs and bearing-down pains in my bowels.
I would nearly have fits. My husband got
me a dollar bottle of "Wine of Cardui and it
did me so much good. No tongue can tell
how much good it did me. Since I have
taken Vine of Cardui I have given birth to
two children. One h dead but the last one
if living. It is just three months old and the
prettiest thing I ever saw. I took the Vino
before confinement -and I was Just sick one
hour. I am in better health than I ever was
before. My age is J8 and I weigh J28."
"Why not go to your druggist today and
secure a $1.00 bottle of "Wine of Cardui?
MSB Bli"LnHl.liZaggs"!luii .i'y 1 1 j, ugTTMB
RELIEVES
ALL "FEMALE ILLS".
WiTl
JSP Mi