Morning Oregonian., August 29, 1902, Page 4, Image 4

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THE MORNING OKEGOXIAX. FRIDAY, AUGUST 29, 1902.
STREETCAR HELQUP
Chief of Police On Board, but
Has No Gun.
WORK OF LONE HIGHWAYMAN
Passengers and Conductor Hand
Over AlJout $50 "Without Any
Ceremony Robber Dlnap-
pear In Darlcness.
SPOKANE, Wash.. Aug. 2S. (Special.)
A masked highwayman, with two suns,
held up a car on Astor-street line this
evening The Chief of Police. J. F. Bed
dy was among the passengers. The con
ductor went ahead of the car, which had
stopped at a railroad crossing Just after
emerging from a deep rock cut, to see
that all was clear. He had Just reached
the track when he was ordered tp throw
up his hands and compelled to sur
render his loose change. Ordering the
conductor back to the car. the highway
man leveled his gun on the passengers and
conunanded them to hand over their
money. Five or elx of the 11 people on
Xht car complied, although Chief Keddy
eavs he neglected to do so. Reddy says
he had no gun. or he would have attacked
the highwayman. The highwayman dlsr
appeared in the darkness and has not
hcen located. He probably secured about
ib from the conductor and passengers.
Twenty minutes before this occurrence
another car In the same neighborhood Tvas
hailed by a masked robber, but the motor
man threw on the full current, and the
car ran by the thief. There were 21 pas
sengers aboard, and to avoid possible bul
lets, all went to the 'floor.
MAX IS 1VATKIXS.
Clever Swindler Will Be Brought
Back to Seattle.
SEATTLE. Aug. 2S. Information was
received by private parties that the man
arrested at Newcastle, "VVyo., on sus
picion of being Philip D. Watklns, has
been definitely learned to be the pereon
wanted. Sheriff Cudihee wired the au
thorities at Billings, Mont, today to let
him know if the question of Identity has
been settled, and If eo, he will send a
deputy to Montana after tho prisoner.
"Watklns is wanted here for passing a
spurious check for $100 on a local banlc
He was taken to Billings after being ar
rested at Newcastle.
Also Wnnted In California,
BILLINGS, "Went., Aug. 2S. Chief of
Police Jackson has received a telegram
from Chief of Police Charles Elton, of
Los Angeles, Cal., asking for Philip D.
Watklns, under arrest here for fleecing a
hptel proprietor out of $60 on a bogus
check. A number of messages of inquiry
concerning the clever swindler have been
received from the various cities along the
route of Welkins' operations. A .letter
addressed Xo Cashier Arnold, of the For
est National Bank, from the Bank of
Amesbury, Mass., upon which the check
cashed by Bennlnghoff, of this city, was
drawn, stated that numerous other checks
have been drawn on that bank through
out the West, causing the bank no little
annoyance.
LAWS NEEDED BY ALASKA.
Relief Which. Will Be Anted For at
Xext Consrrens.
SEATTLE, Aug. 23. Alaskcn needs in
the form of nev.' laws was tho subject for
discussion by the members of the Cham
her of Commerce committee on Alaskan
affairs today. Addresses were made by
Governor John G. Brady and other re
sldcnts of the Northern territory.
Organized efforts will be made by the
Chamber of Commerce and the Alaskan
Interests to secure from the next Con
gress the passage of measures which will
tend to cure the ills from which it is al
leged Alaska has long been suffering.
Those matters which will be urged are
for a Representative to Congress, and for
an extension of the land laws to Alaska.
which will tend to Induce settlers trf flock
to the agricultural parts of that country
A strong attempt will also be made to
have Alaska made a lighthouse district.
so that more efficient service may be ren-
cerea to navigation In the waters sur
rounding the great gold-bearlnir country.
The question of the advisability of seek
ing to secure a revision of the license tax
.rorn the next Congress was also dls
cussed, but the consensus of opinion was
that too many thlnes should not be askpd
from the lawmakers, for fear that a
multiplicity of Interests would defeat the
main reforms sought to be secured.
Northwest Military Orders.
VANCOUVER BARRACKS. Aug. 2S.
(Special.) Major Lee Feblger. of the
Seventeenth Infantry, has beon granted a
leave of absence for one month.
Chap!ain Edmund P. Easterbrook. Sev
enteenth Infantry, who requested to be
transferred to the artillery corps and sent
to the Philippines, has received word
that his request had been irranted- H
"will remain at Vancouver Barracks, how
ever, until the end of September, when
ho will sail for San Francisco to take
xce transport which starts for Manila
uctober l.
bergeant James A. Soane. Seventeenth
Infantry, having successfully passed the
examination or tne departmental prelim
inary board, has been ordered to report to
the president of the examining board at
ort Leavenworth for the comnetltlve ex
amlnatlon for promotion to the rank of
mcvuuu ajieuicnani. in tne regular Army.
Woodmen's Carnival Opens.
ABERDEEN, Wash.. Aug. 2S. (Special.)
The Woodmen's Carnhal opened here
last night with a great illuminated parade,
followed by tho Impressive, coronation of
the Queen and the address of welcome
ly Hon. W. W. Anstle, Mayor of the
city. Every train and boat yesterday
was packed with visitors and the city Ws
crowded last night, hundreds being un
able to gain admittance to the big pavilion
where the opening exercises were held.
The carnival will be continued for four
days, during which time there will be
bicycle races, log-sawing contests, tugs
of war. hall games, a baby show and
fraternal parade, concluding Saturday
night with a mimic Madrl-Gras.
ties has been served UDon the ramblers of
Elma by Marshal Clay to leave town, 6r,
it least, quit business by September a.
Elma will probably have a co-operative
creamery in a short time. George Simp
son has offered a site for the plant, and
the farmers are heartily In favor of the
enterprise.
Killed in a. Runaway Accident.
CENTRALIA, Wash.. Aug. 28. (Special.)
Janet Zlmraer, son of Mayor Ea I. Zlm
mer. was killed and his mother serlou3ly
injured in a runaway nccldcnt about four
miles south of "here late this afternoon.
FIGURE ON FALL FISHING.
Trnpmen Leavlnsr Web in Water,
and New Gear Is Beinjr Bought.
ASTORIA. Or.. Aug. 2S. (Special.) Al
ready there Is some talk of Fall fishing,
but nothing has been definitely decided
nor will be until the price of fish Is settled.
In anticipation of operating, many trap
men are leaving their "web In the water
and considerable new gear Is being pre
pared. The cold-storage people announce
that they want several hundred tons of
fish to freeze for the Eastern and foreign
markets, and several cannerymen have
expressed a desire to pack Fall fish If the
price of raw fish Is fixed low enough.
Dies While en Route to Medical Aid.
Perl Peterson, the 3-year-old son of
Nicolal Pelereon, of Puget Island, died
on tho steamer Bailey Gatzert last evening
while being brought to this city for medi
cal attention. The day previous the boy
had been aken ill, and was constantly
vomiting blood. After he was brought on
board the steamer he had another violent
attack, and during It expired.
Portland Men to Put In Laundry.
The Troy Laundry, a branch of the Port
land Company, today purchased a lot SOx
100 feet at the corner of Tenth and Duane
streets if cr $4000. A building is to be erect
ed on the property for use as a laundry
and the plant when completed will cost
about J15.000.
To Close on Labor Day.
All the retail merchants of Astoria have
signed an agreement to close their stores
during the entire day on Labor day. There
will be no parade or other publlc observ
ance of the day here.
CAPTAIN SA3IUEL BASS DIES. .
Prominent Democratic Politician ot
Oregon and Washington.
WHATCOM, Wash.. Aug. 2S. Captain
Samuel Basn, who came to the. Pacific
Coast In 1S59, settling In Oregon, died here
tonight, aged 71 years. - He had been prom
inent In lemocrat!c politics In this state
and Oregon for the last 40 years, holding
numerous Federal and state offices. Ho
was bom at Mount Holly. N. J.. In 183L
Teachers' Institute Closes.
OREGON CITY, Aug. 23. (Special.)
The Clackamas County teachers' annual
institute, which hfts been- in session for
the past three days, closed this afternoon.
This morning's programme opened with
talk on "The Human Hand," by Pro
fessor P. V. Search, who was followed by
R. R. Steele on "Percentage," Mies Nettle
A. Sawyer on "Importance of Motor Ac
tivity In the New Education." "The Life
Element in Studies" was tho subject of
another lecture by Professor Search. Tho
music for the afternoon consisted of vocal
solos by Mrs. C. IT. Barlow and J. W.
Loder, and an instrumental solo by Miss
Edna Daulton. Professor Steele addressed
the teachers on "Rules for the Study of
Theory and Practice"; MIps Sawyer talked
on "Primary Geography," and Professor
Steele closed the session with an address
on "The Schoolhouse aa a Center.
Fined for Stealinpr Bua-jry Wheel.
OREGON CITY. Aug. 23. (Special.)
Robert C. Gossman was arrested at 2
o'clock thl3 morning as he was coming
into the city, on a charge of stealing four
buggy wheels from Charles Ramps, a
farmer living one-half A mile north of
Brooks, and this afternoon pleaded guilty
Jn the Justice Court and -was fined J40 by
Judge Stlpp. Gosfcman "was camped near
here sever.il days last week, and the po
lice suspected that there was something
wrong In the man's actions. He left here
last Sunday, bound for Corvallls. He stole
Ramp's buggy wheels Tuesday night. The
Marlon County officers wired to the city
DUNBAR DISALLOWS IT
REFUSES TO GRANT THE -CLAIM OF
MRS.' WAGGONER.
She Made No Effort to Capture Mer
rill, nnd Is, Therefore, Not En
titled to the. Reward.
SALEM. Or., Aug. 2S. (Special.) Secre
tary of State Dunbar today disallowed tho
claim of 'Mrs. Waggoner, of Chehalls,
Wash., for $1500 for returning to the of
ficials of the Oregon State Penitentiary
tho body of the dead 'convict, Merrill. In
refusing to allow the claim cr any part
thereof. Secretary Dunbar has prepared
a statement In which he reviews the cir
cumstances of the finding of the body, the
terms under which tho reward was offered
and the provisions of the laws of the state
governing the payment of such claims.
After reciting all of the facts attending
the finding of the body and Its delivery
to the prison authorities. Secretary Dun
bar in passing on the claim says:
It seems proper also to consider. In connec
tion with this claim, tho newspapr accounts
attending the flncflng of the body In July
14. and also by afftdavllo of Sheriff Ed
ward Deggeler, of Lewis County, end
Francis Donahoe et al., members of the
Coroner's Jury
In considering the claim. Secretary Dun
bar requested of Superintendent .Lee, qf
tho state prison, a copy of the reward of
fered by the state and a statement of the
facts about the return of the body to the
state. Having related the curcumstances.
Superintendent Leo submitted an opinion,
saying in part:
"The accidental finding of a dead body
Is In no true sense a capture. Rewards
are offered by the state for the capture
of a desperate escape that men may be
compensated for the risk of life and limb
In capturing him. To accomplish this,
sometimes the outlaw's life has. to bo
taken;. hence the condition, dead or alive,
that his killing may not vitiate nor annul
tho terms of the reward.
"Superintendent Lee further notes that
the claim for the reward money speaks of
finding a body, but Is silent as to whether
any capture of Merrill had been made by
anyone." He says: "I must say that I
can not see how she (Mrs. Waggoner) can
claim full pay for capture and return,
when the first and most Important claim
la unsupported by any accompanying af
fidavits." No Bill for Expense Put In.
Mrs. Waggoner did not file any claim
QUEEN OF SEATTLE ELKS' CARNIVAL.
BaVaVBVaVaBaVnalBVBBBSMBBB
IT'S DIFFERENT IN OREGON
RAIN SAVES CROPS IN LOWER CAL-
IFORNIA.
Tho First Time In Three Year the
Farmers Have Had Caase
to Rejoice.
SAN FRANCISCO. Aug. 2S. Timely
and abundant rains, the first for three
years, have saved the southern end ot
the territory of Lower California from
becoming a barren waste. J. W. G. Max
well, who has arrived from the Mexican
Coast on the steamer Curacao, reports
that up to the time the steamer left Cape
San Lucas, at the very extremity of the
peninsula, over six Inches of rain had
fallen during the last few weeks. The
creeks and arroyos were full, and many
canyons which had been llko furnaces for
many months had running streams.
Early thl3 year there was a large exo
dus of people from the barren district,
only the men lemalnlng in order to guard
their ranches. In tho hope the rain would
fall and prevent a total loss of their small
holdings.
MISS FLORENCE WILLIAMS.
FAIR HEIRS REACH AGREEMENT.
Mr. Fair's Relatives Relinquish All
Claim to Her Husband's Estate.
SAN FRANCISCO. Aug. 2S. Although
the heirs of the late Mr. and Mrs. Charles
Fair have reached an agreement. It will
be six months or a year before all the le
gal arrangements can be perfected. The
wills left by the decedents will be filed
In the near future for probate. Then
executors will have to be appointed, and
there are a number of minor heirs whose
Interest will have to be looked after.
There will be no contest, however, over
the estate, as tho Fair children, Mrs. Han
nah A. Nelson, Abraham Nelson. Charles
Smith and the other heirs desire to avoid
all litigation.
All the terms ofifhe adjustment "will not
be made public, but the attorneys state
that the relatives of Mre. Fair will re
ceive the full value of her estate, which
has been estimated at $300,000. None of
those Interested will admit that they
are to be given a lump sum in cash. The
document by which tho Nelsons relinquish
all claims on the estate of Charles Fair
is In tho form of a quit claim, the con
sldcration for which Is to be J10 in gold
coin. By it Mrs. Nelson and her two
sons convey to Mr. Oelrchs and Mrs.
Vanderbllt all their rights, title and Inter
est In 99 different nieces of Fair estate
property In this city and county together
with 13 in San Mateo County, six in Napa,
four in Yolo, and some holdings in Cala
veras County.
This settlement will not affect the ap
plication of Public Administrator Far-
ham to secure administration of the wills,
which Is being opposed by the heirs.
police that the thief was coming north, capture and return, dead or alive, of
his i Tracy and David Merrill, or ?lu00 r
and Officer Shaw was confident that
man was Gossman. Special Officer Nob
lett caught the man as ho was driving
Into town.
of the c?cap and pursuit of the two convicts
and the (statements published from time to time
said to have been made by Tracy, the acconi-'
pi Ice of Merrill, to persons whom he forced
to aid In his (Tracy's) escape; It appearing
from raid statements that Tracy Phot and
killed 1.1b companion Merrill to aid his own
escape.
In confMerlns the claim, tho law authorizing
the oITerlnK of rewards and the proclamation
should first bo considered. , Section 3S70. Hill's
Annotated Laws of Oregon. Is the Superintend
ent's authority for offering a reward. It pro
vides: "Tho Superintendent shall have author
ity to offer rewards and to pay expenses for the
apprehension, wife keeping and return ot all
escaped prisoners." The offer was "for the
Harry
for each
To Print Second Oregon Mnatcr Roll.
SALEM, Aug. 28. (Special.) Adjutant
General C. U. Gentcnblen, of Portland,
was In the city today and arranged with
State Printer Leeds for the printing of
E00 copies of the complete muster roll ol
the Second Oregon. This was ordered by
the last Leglalature as a means of pre
serving. In accessible form, the records
of the famous Second Oregon. The copies
will be distributed as directed by the
Governor, hut It Is understood that each
of the commissioned officers of the Second
Oregon and the newspapers of the state
will receive copies, while the various
libraries of the state will also bo sup
plied with a copy.
Peaclt Shipments From Ashland.
ASHLAND. Or.. Aug. 21 (Special.)
The Ashland Fruit and Produce Associa
tion has been chlpplntr out Crawford
peaches In carload lots every day thl3
week, and the heavy shipments are ex
pected to continue for the next 10 days.
Monday one carload was sent off; Tuesday,
two, and Wednesday and today two more
carloads. They were started for Portland
and Tacoma. About IS hands are now
employed in the association packing
house here sorting, packing and loading
the peaches. The price for the fruit, f. o.
b. at Ashland, Is 40 cents per box.
for expenses and tho decision of Secre
tary Dunbar on the claim for reward
money has nothing to do with expense.
The Secretary has not Indicated what ac
tion he would take in tne matter of al
lowing Mrs. Waggoner her expenaos for
returning the body to this state, amount
ing to about 5300. .
The members of tho Washington posse
have not yet filed their claim for tho
$1500 reward for the capture and return of
Tracy. Their expense bills, amounting to
$243. have not yet been pasued upon by
Secretary Dunbar.
Asked to Close on Labor Day.
OREGON CITY, Aug. 2S. (Special.)
The Retail Merchants' Association has
passed a resolution asking the business
houses of the city to close their doors on
Labor day between the hours of 9. A. M.
and 4 P. M. Representatives of the union
are circulating petitions among the mer-H
cnanti to gam their consent to agree to
lose between these hours.
When Boycott Is Not Illegal.
SPOKANE, Aug. 2S. In the Superior
Court today. Judge Richardson held that
a boycott is "not illegal when peaceably
conducted and when not eo conducted
must be dealt with by the Criminal Coifr t,
not by a court of equity. He denied the
application of K. TakahashI, a Japanese
restaurant-keeper, for an injunction to
stop.the aggressive boycott of the Cooks'
and Waiters' Union, which tried to turn
his customers away. Takahashi had ap
plied for admleslon to the union, but was
refused because of his race.
Boy Drowned at Hpqnlam. "
HOQUIAM, Wash.. Aug. 2Sl (Special.)
Axel Bull, the 7-year-old son of Captain
Bull, was drowned yesterday afternoon
Dff the Eighth-street dock. The lad, with
some companions, was playing on the dock
and venturing too near the edge accident
ally fell overboard, Before help could be
obtained the curentihad carried the little
(fellow out In the river. The body has
not been recovered, although every effort
Is being made to find It.
Elma Brevities.
ELMA, Wash.t Aug. 28. (Special.) Jo-
Machinery for Milk Factory.
HILLSBORO. Or.. Aug. 2S. (Special.)
wora has been received from Detroit.
Mich., that the machinery for the con
densed milk factory, to be founded by Dr.
J. P. Tamlesie. has baen shipped, and will
soon be here. The engines and sterilizer
are being built by the local foundry. It
is expected that the factory will be In op
eratlon this Fall.
Idaho Men for the Navy.
ANNAPOLIS. Md.. Aug. 2S. The acad
emic board of the Naval Academy baa
recommended that V. P. Coffin and R. L.
Ghormley, of Idaho, be accepted as having
passed their mental examination for ad
mission as midshipmen.
one."
The definition of the word "reward" (Black's
Law Dictionary) Is "a recompense or premium
nf?rrr1 lr n ernvemment or an Individual In
-return for special or extraordinary service to
bo performed." The offer of reward for the
return of an scaped prisoner is in the natura
of a contract which only becomes binding upon
the state when its terms are accepted and
acted upon by some person or persons, who,
with a view to securing the same, put forth
some .effort to apprehend and return the es
caped prisoner, and who thereby take the risk
end assume the responsibility necesFarlly In
volved la the colng of such act. and who do
actually apprehend and return tho escaped
prisoner.
The object of the reward for the "capture
and return, dead or alive, of Tracy and Mer
rill." was to secure their capture and return,
or anr one of them, to the Oregon State Peni
tentiary, and If. In securing their return. It
became necessary to take life, the persons as
suming the risk and responsibility of capture
Ehould not be deprived of their reward, so tho
offer specified the amount should be paid for
the capture and return, "dead or alive."
The "capture" and "return." or apprehension
and return are both conditions precedent to the
obtaining of the reward, and to say that a
dead body, incapable of resistance, doubtless
killed by another person, and which the claim
ant states nfce found, has bcn captured, would
be unreasonable and unwarranted. I uo not
think t"he compliance with one specification of
the offer could be construed as a compliance
with all. or, in view of the fact that the en
tire sum offered for the capture and return of
tho prisoner Is claimed, that I could consist
ently allow the claim In part: but If allowed,
must be allowed for the entire sum claimed. If
It should be argued that the return of the body
of Merrill by the claimant Implied a capture.
then It muit be cald that a claim cannot be
paid upon Implication, but only upon positive
proof that It Is a valid one, and that the
servlco has been actually performed and the
amount legally earned.
In the matter under consideration. It does
not appear that the claimant knew of the re
ward prior to the finding of the body of Mer
rill, or that she had accepted the terms of the
contract as tendered in the offer, or that she
acted upon them or did any act or In any
manner attempt to capturo or apprehend the
oscaped prisoner, so as to emltlc her to tho
reward she now seeks to have paid to her, or
does It appear that she assumed any responsi
bility or took any risk whatever, or performed
any special or extraordinary service. The find
ing of the body by the claimant appears to
have been a mere accident, which occurred
probably while aho was In the pursuit of other
business, and this finding of the body of the
prisoner, after life had been taken away by
another peraisn can In no senee, be construed
to be a capture; neither does It appear that
the claimant complied with the provisions of
the law or the offer of reward.
In view of the foregoing, after due consid
eration, the claim Is hereby disallowed, for tho
reason that from the facta and evidence offered.
It does not appear that tho claimant rendered
the service claimed, or by her act in finding
and returning 'the body of Merrill, complied
with the provisions of tho law or the offer of
reward, find Is, therefore, not entitled to the
amount claimed or any part thereof.
Pur-
Cloudburst in Arizona.
JEROME, Ariz.. Aug. 28. This Dlaco
has just passed through the worst storm
In Its history. Water poured down the
mountain-sides In raging torrents de
positing debris and boulders In the United
Verde plant to the depth of from eight
Inches to two feet. A 35-foot embankment
on the Jerome Railroad washed out, which
will necessitate the transfer of traffic
for several days, until the damage can be
repaired. On the east side of Jerome,
In Deception Gulch, several thousand
dollars worth of mining machinery. In
cluding a hoist and air compressors, be
longing to G. W. Gull, were completely
ruined. The property loss Is estimated
at many thousands' but no lives -were
lost It is estimated that it will take
100 men SO days to clear away tho debris
and put the plant cf the .United Verde
Company In the usual condition.
NO WHEAT FOR EXPORT.
Lnnc County Crop Will Be
chnficil by Locnl Milln.
EUGENE. Or.. Aug. 23. (Special.)
From present indications little wheat from
tills portion of the Willamette Valley will
reach the export market this season. Mills
In thia vicinity and other parts of the
Valley are In need of all the wheat they
can get and are paying slightly better
prices than can be had for export. Rep
resentatives of the Salem mills, as well
as othtrs, have been through this county
for tht purpose of buying wheat for their
mills. Besides the mills in this city.
Springfield nnd Junction City are
reaching out to get what they can. Offers
of as high as 60 cents per bushel have
teen made In some Instances, but the rul
tng price nyw is 63 to 57 cents, which Is
better tnan the farmers have been gettln,
for three or four years.
Oregon Gonta for Wasliln?rtan.
INDEPENDENCE. Aug. 28. (SpeciaL)-
Two hundred and eleven choice goats,
raised in Polk County, were today shipped
to Seattle to Judge Benson, of the Super
lor Bonch. Judge Benson paid on an
average of ?o per head for the goats, and
will place the on his stock farm.
Claim Filed by 3Ira. Wajsfroner.
On August 9, MIHett & Harmon, attor
neys, of Chehalls, Wash., who had been
employed by Mra Waggoner to collect her
claim, filed In the office of Secretary Dun
bar a claim for tho $1500 reward money,
tho claim being stated in the following
terms:
For the capture and return, dead or alive, of
David Mcrcjp. who escaped from the Orgon
State Penitentiary, on the morning of June 9.
1002. The dead body of the f aid David Mer
rill having been returned to and delivered by
tho undersigned, Mary A. "Waggoner. In person
to J. D. Lee, Superintendent or the Oregon
State Penitentiary, at Salem. State of Oregon,
July 17. 1002. as por the reward offered by J.
D. Lec. Superintendent Oregon State Peniten
tiary. S1500.
' The claim was duly verified as required
by law and "la supported by Mrs. Wag
goner's affidavit setting forth the facta
SUSPECTED OF TRAIN ROBBERY.
Three Men In- Jnll nt Spokane for
for Idaho Offense, j
6POKAMS, Aug. 25. Three men sus
pected of being members of the band of
robbers who held, up the Northern Pacific
train near Sand Point Sunday night, are
safely behind ihe bars of the city Jail
They were arrested In this city last night
on descriptions given by illiam Pearson
a Chicago tramp, who was on the tender
of the train when the robbers took pos
session. The prisoners give their names
as xnomas aicDonaid, Frank NIff and J.
W. Murray. They deny all connection
with the robbery. The search for mem
hero of the gang in Northern Idaho con
tinues. but none of the robbers ha3 ye
ncen iound there.
Fairs Remains Shipped.
HAVRE. France. Aur. 28. The remains
of Charle3 L. Fair and Mrs. Fair arrived
here today from Paris, and wer for
warded to Southampton tonight.
Court Holds Treaty Valid.
SAN FRANCISCO. Aug. 2S. Francois
Leberne, a former reaman of the French
bark Biarritz, which recently sailed hence
for France, has been released from the
custody Into which he was ordered by
the French Consul-General, hut has been
Immediately rearrested, this time on
formal charge, which puts him in the
hands of the United States authorities.
United State DKstrlct Judge Dehaven
ruled that the treaty under which Le
berne was Imprisoned for an offense com
mitted on shipboard by order of the French
Consul-General Is valid, hut directed the
prisoner's discharge on the ground that
the clause of the treaty authorizing the
arrest waa operative only during the ves
sel's stay In port. The Biarritz having
sailed, Leberne Is nc longer a member ot
her crew, and, therefore, not amenable to
the tre-aty.
FARMHAND'S CRIME.
Aged Rancher and His Housekeeper
Cremated in a Barn.
BRIDGETOWN. N. J., Aug. 23. The
charred remains of John S. Holmes, aged
2 years, and his housekeeper, Mlea
Catherine Shute, aged 30, were found to
day in the ruins of the Holmes barn
which was destroyed by fire last night
Charles Williams, a negro farm hand, has
been arrested on suspicion of having
guilty knowledge of the tragedy. Will-
lams was discharged by Holmes last
Saturdav. and it is said the farmer re
fu?d to pay Williams SO cents which the
latter asserts was due him.
John N. Williams, a colored farmhand
who had been employed by Mr. Holmes
was arrested today and placed In jail on
suspic'on of having been implicated In the
crime. Williams claims to have left the
premises for Bridgeton Just before the
lire broke out. Since his arrest he has
made many conflicting statements. Charles
Williams, the other suspected man, proved
an alibi.
Sam'l Rosenblatt & Co
Third and Morrison Streets
S MA R T
CLOTHES
FOR BOYS
THE NORFOLK AND BLOUSE
SUITS, ages 3 to 16. Our lines for
Fall show many features of excep
tional merit that distinguish them
from the ordinary kind Suits that
satisfy the most critical buyers
At no higher prices than the ordin
ary kind is sold. Exceptional strong
values placed on sale on sale this
week at
$4.00 to $7.50
Suit Suit
Peterson, had a shooting scrape this even
ing over money matters. BrodericK is at
the hosoltal badlv wounded In the ieit
shoulder, while Peterson Is wounded In
the ehoulder nnd groin. Five shots were
exchanged and both are seriously wound
Forfeiture Proceedings.
NEW YORK, Aug. 28. Collector Stran-
ahan, of the port of New York, has re
quested the United States District Attor
ney's office to Institute forfeiture proceed
ings In the case of the $t0,C00 pearl and
diamond necklace seized from a wealths
woman passenger on the Kronprinz, a
week ago Tuesday.
Mother Kills Children nnd Herself.
LITTLE ROCK, Ark.. Aug. 23. Mrs.
Reese Wagoner, wife of a citizen of
North Little Rock, and her two cmiaren,
aged 3 and 6 years, were found dead In
bed today with their throats cut. It Is be
lieved the mother killed tho children and
then cut her own throat.
sea Hons, -which are easily mistaken for
seals.
Jtot
MANNING'S MISTAKE.
Probably Saw Sea Lions and
Seal on Bonldeye Island.
WASHINGTON, Aug. 23. The recently
reported discovery by the captain of the
revenue cutter Manning of a new seal
rookery near the Aleutian Islands has
been brought to the attention of the State
Department, -where it has been Investigat
ed. The report. If accurate, would be of
the greatest Importance, for It would go
far toward sustaining the department's
contention that there has not really been
any diminution of fur seals in Alaskan
waters; that there are as many fur seals
as ever in the open sea, and that what
has happened has simply been an aban
donment by the fur seals of their old
rooHerles on the Prlbyloff Islands. The
investigations of Henry Wellcome, the fur
seal expert? of the Government, have led
the officials of the State Department to
the conclusion that the report of the Cap
tain of the Manning Is erroneous. The
place where these seals were reported to
have been found was on Bouldeye Island,
more than COO miles distant from the
Pribyloft Islands. Mr. Elliott's conclusion
is that what Captain McLean, of the Man
ning, actually saw was a number of young
The Battle Creek Disaster.
BATTLE CREEK. Mich.. Aug. 23. The
bodies of the five employes of the Bat
tle Creek Sanitarium, who lost their lives
in Lage Goguac last night, their row
boat being1 run down by the steamer Wel
come, were recovered today. The bod
ies of Lizzie Brady and Mabel Richard,
a stenographer, were found floating on
the water. They evidently had been killed
by the collision, or else they would have
sunk.
The bodies of Delia Dorsey. of Alle
gheny, Pa.; Fannie Williams, of Toronto,
Ontario, and C. F. Bennett, of Dallas.
Tex., were found after the lake had been
dragged for several hours.
Carrie EInock. the other occunant of the
boat, was rescued by a man who put out
front shore In a rowboat. She was the
only one of the party -who managed to
catch hold of the boat after It had been
overturned.
Bennett had been rowing the young
women about the lake, and the party was
returning to the Sanitarium Villa about
10 o'clock. Just as the steamer Welcome
was leaving her dock -with an excursion
party. The small boat was struck amid
ships and the hull crushed, all the occu
pants being thrown into the water.
All the victims except Miss Richard
were members of a new class of nurses.
Xo Relief for Judges in Contempt.
ST. PAUL, Minn.. Aug. 2S- The United
States Court of Appeals. In an opinion by
Judge Sanborn today, denied the appli
cation for writs of habeas corpus or other
relief in the cases of Thomas D. Nevitt
and Samuel Paden. Judges of the County
Court of St. Clair County. Missouri, and
sustained the right of a Federal Judge to
Imprison Judges of County Courts for
contempt In refusing to carry out the
mandates of a judgment Issued by him.
Engineer nnd Fireman ICilled.
TERRE HAUTE. Ind.. Aug. 2S. Tha
northbound passenger train on the Chi
cago & Eastern Illinois Railroad waa
wrecked at Cayuga, Ind., near here, at
noon today. Engineer Dad Carey and
Fireman Lee, of Chicago, were instantly
killed. The passengers escaped with fi
severe shaking up.
Aided a Teller to Steal.
ASPEN. Colo., Aug. 23. Edward Wilson,
proprietor of the Abbey Club, and Jacob
Gels and John Holm, faro dealers at tne
club, have been arrested on capiases
issued by Judge Shumate, In the District
Court, which charge them with aiding
and abetting Leonard Dingle, teller of
the Aipcn Bank, who Is charged with de
falcation. In getting away with $41,530
of the bank's money. Ball was fixed at
20,COO for each of the three prisoners,
and In default of bonds they have been
lodged In Jail. Wilson claims to hold a
receipt for $15,000 returned to the bank
es a guarantee signed by Cashier T. G.
Lyster. It Is understood the District At
torney has refused to recognize this com
pact and instots that the men must be
tried.
Idaho Republican Committee.
BOISE. Idaho, Aug. 2S Chairman Frank
R. Gooding, of the Republican State Com-
mljiec, this evening announced tho fol
lowing appointments: Vice-chairman, G.
G. Pickett, Moocow; Theodore Turner,
Pocatello. Executive committee, M. J.
Gray. N. M. Ruick. H. A, Cowden, G. U.
Parkinson, W. F. Brewster.
TALKS OF CANADIAN TARIFF.
Member of the Dominion Pnrllament
In Vlisltinfr in Oregon.
HILLSBORO, Or.. Aug. 28. (Special.)
Hon. Duncan A. Stewart, a member of
tho Dominion Parliament, of Canada, rep
resenting the largest district In Manitoba,
Is here visiting friends. Mr. Stewart Is
affiliated with the low tariff party of
Canada, and says the tariff on manufac
tured machinery there is about one-half
what It Is In the United States. The
low tariff party now has control of leg
islation, and Mr. Stewart says the country
is more prosperous than It has been for
years. He states, however, that tho
manufacturing Interests there are mak
ing preparations to make a strenuous
campaign for a revision of the tariff
laws, the idea being to force a higher
tariff on manufactured articles. He says
he does not think the high tariff people
will win, as tho farmer element In Canada
Is almost universally for the present
tariff schedule.
I
Write Ray A Sonx, Salt Lake City,
Utah, for all kinds of produce, grain, al
falfa fieed. potatoes, cabbage, etc. In
quiries promptly answered.
He ReaemhlesBnrtholIiu.
CHICAGO. Aug. 23. A man said to re
semble William Bartholin was arrested at
Indiana Harbor, a small town two miles
southeast of Whiting. Ind.. late la3t night
The suspect. It Is said, wore a badgo is
sued by the lodgo of which Bartholin was
a member. The prisoner claims to be E.
W. Bell, of Upper Sandusky. O., and re
ferred to several persons In Chicago, who,
he said, could readily testify a3 to his
identity.
Shooting Scrape at Reno.
RENO, Nev., Aug. 2S. A man named
Broderick. a laborer, employed by the
Southern Pacific and a saloonkeeper.
YourDoctor,
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Ever faithful? Saved your
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We believe in doctors. Ask
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bronchitis, and other throat
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"I have used Aycr's Cherry Pectoral
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Hamilton, Marietta, Ohio.
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Mother's Friend is a liniment for external application. Women's
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it Is instantly absorbed and so lubricates the parts.
Yoar druggist sells It for 1.00 per bottle.
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"SAY AYE 'NO' AND YE'EL NE'ER BE MARRIED.'
DON'T REFUSE ALL OUR ADVICE TO USE
VIM, VIGOR, VITALITY FOR MEN
31. BISHOP PXXiIiS hrra been In tuo oxer flftr reus br tba leaden, rider, asd their
followers. Peairirelr caree the worst eates la old and yoanzarisinjc from rffrct of abese,
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8as Frmaclseo, Cal.