Iff
?THE frlORNING OHEGONIAN,- THTTKSDAT, SEPTEMBER 23, 1902.
BALDWIN ON TRIAL
Court Begins Hearing Story
of Fatal Fight
PRISONER APPEARS JiERVOUS
Relatives and Friends of Two Youtli
tal Pugilists Surround Tliem
JEye-WItness Tells Story of Duel
Which Cost Carlson's Life.
Just when It looked as if a second
special venire -would have to be Issued,
the two last members of the jury which
will determine the fate of George W.
("Shorty") Baldwin, his "father, William
Baldwin, and his uncle, Frank ("Seven
ty") Baldwin, charged with manslaughter,
were accepted by both the state and the
defense at 3:30 o'clock yesterday after
noon. Aconcesslon by the state assisted
in completion of the jury, and within
half an hour after that body had been
sworn the opening statements had been
made and the taking of testimony be
gun. Only two witnesses were exumlned,
the father of Frank Carlson, who was
killed in the fist fight with George Bald
win, and Ford Hamilton, a particular
friend and schoolmate of the participants
in-the contest, and also a witness of the
earlier stages of the match. When their
evidence bad been given the court took
a recess until 9:30 this momlng, and al
lowed the jury to separate after the us
ual admonition about .discussion of the
case had been given.
Sonrce of Delay Avoided.
When the case was called by Judge
George at the morning session the court
room was well crowded with spectators,
relatives of Carlson and Baldwin and
witnesses. District Attorney Chamber
lain and his deputy, Mr. Manning, ap
peared for the state, and immediately be
hind them sat Jonas Carlson, the father
of the dead boy. W. T. Vaughn repre
sented the defense. On his right sat
George Baldwin and on his left William
Baldwin. The mother of the one and
wife of the other occupied a chair with
in the bar, and "Seventy" Baldwin was
seated a little distance away. More
than half the jury was secured before
soon. Of the 14 talesmen examined, seven
were accepted. They were D. M.' Averill,
John Landigan, F. M. Sutford, J. Win
ters, Hans Larsen, F. W. Orth and E. B.
Madden. The seven excused were G. H.
Thomas, Philo 'Holbrook, B. 2 Holmes, E.
House, N. Darling, A. Rasmussen and
W. Schmale. A recess until 2 o'clock was
then taken. '
When the afternoon session was opened
the seven jurors and the live talesmen
who had been summoned by special venire
took their seats. The elder Baldwins en
tered, and neither one showed the least
emotion. George Baldwin, his face flushed
with anxiety, followed, and he figuratively
dropped Into the seat reserved for him
by the .side of his attorney. His Rough
Bider hat, pinched to a peak, he nervously
held in his hand for a second, and then
with a glance at his father and mother
he tossed it under the table. He seemed
to leel his position deeply, and during
the afternoon he seldom moved or spoke
except to look at "his mother or to answer
Questions by his attorney.
Bald-rein Avoids Observation.
Even in leaving the courtroom during
a recess, he did not lift his eyes from
the floor nor cast a glance at the spec
tators, many of whom were friends. He
was apparently oblivious of the presence
of the two girls, Josephine Smith and
Ida Fiedler, over whom the trouble
originated, and although they were
seated In one of the most conspicuous
benches In the courtroom, and one which
the prisoner's eyes first meet when he
leaves the bar, they might as well have
3een in the cupola, so far as appear
ances went. When by the side of his
attorney, he raised his eyes to the jury
box only when a talesman was being ex
amined, and when that duty was com
pleted he lowered them to the table until
questioning of the next candidate W:as
begun. The interrogations that seemed
to have the only Interest for him were
those relating to the sentiments of the
talesmen as to prizefighting and sympathy
for the youth of the principal in a fatal
contest, and from the first, F. Gilbert,
to the last, W. J. Miller, he was all at
tention. Mr. Gilbert was the first of a long row
that had to answer questions on these
points. He had expressed sympathy for
the defendant, and there was a probabil
ity that George Baldwin's youth might
Influence his verdict. The court took him
at his word and excused, him. W. Taylor
was excused by Mr. Vaughn, and James
Shaughnessy passed a satisfactory ex
amination and was accepted. The next
summoned were "v. S. Failing, Charles
Urfcr, -S. Chase and R. C. Prince. Mr.
Prince was. accepted, while' Mr. Chase was
excused 'by the District Attorney. Mr.
Failing had a strong prejudice against
prizefighting, or any fights by agree
ment. He was perfectly willing to fight
when occasion demanded such an act, but
"he WOUlfl nrnspniitn nnvhraiv onrl ovon-.
"body who engaged In a prearranged con-'
xesu j.ne aeiense challenged him, and
in answer to a question by Mr.' Chamber
lain, he said that a man who caused
death was responsible-' for the -crime,
whether the act, was committed In a
prizefight or a preliminary. The chal
lenge was sustained by the court,
One Man JIas an. Opinion.
Mr. Urfer- has seven sons, whose ages
range from 9 to 25 years, but he said that
tact would not influence his verdict so
far as the youth of Young Baldwin was
concerned. He was prepared to try the
case on .its merits, and he was accepted.
The panel lacked two of completion and
two of the special venire remained. They
were H. L. Stephenson and W. J. Miller.
Mr. Stephenson nearly caused the Is
suance of another special venire. In re
ply to Mr. Vaughn's first question as- to
whether he had read the newspaper ac
counts of the fight, he said he had, and
he added, "I thought from what I read
that it was an accidental affair." Af
ter a few more minor questions he was
accepted by the defensw. Interrogated by
Mr. Chamberlain, he said, he had formed
the opinion when he read the articles.
He thought the -parents as well as the
boys were to blame for permitting the
appointment for the fight, but the youth
of George Baldwin would have no ef
fect upon his verdict As he had formed
the opinion he was excused by the Dis
trict Attorney, but as the state had al
ready exhausted Its peremptory chal
lenges, he was called back to the chair
nnd the examination was resumed. Asked
if the opinion would lurk in his mind
during the trial, he said it possibly might,
but that it might be changed by the evi--dence.
His opinion was positive,, and at
"the present time it would take a great deal
of evidence to change it He was then
submitted to the court
"If it w.s an accident do you think
the defendant would be "guilty of a
crime?" asked Judge George.
, "That would depend upon circum
stances." "Is your opinion so fixed that you can
not disregard it?"
"It will remain as it is until I get evi
dence to change It."
"The Juror." said the court "inad
vertently expressed the opinion which he
had formed. When asked whether he had
formed an opinion he should simply have
answered yes or no. Instead he volun
teered an opinion, and by his apswer he
virtually passed upon the case before its
trial. The exception is allowed."
Mr. Vaughn obtained permission to ask
another question about the opinion, but
before he had got fairly started the Dis
trict Attorney withdrew his exception
and accepted the Juror.
Mr. Miller was opposed to but not preju
diced against prizefighting, would not be
influenced by the youth of the principal,
was accepted by both sides, and that com-,
pleted the Jury, which was impanelled
at 3:30 o'clock.
Two Versions of "Fight.
After a recess of five minutes the open
ing argument for the state was made
by Deputy District Attorney Manning,
who spoke less than 10 minutes. His
speech in brief was that Frank Carlson
was in company with two girls on Sat
urday, July 19, and that George Bald
win struck him and knocked him down.
Subsequently Carlson and his brother met
William Baldwin, who, in the course of a
conversation, offered to bet $25 that
Frank could not whip his. son, but as he
had only $1 with him he offered that as
a wager. The fight took place the follow
ing Saturday night in the North Pacific
mill yards, and resulted Jn Carlson's
death. The state would prove that-Carlson's
brothers had tried to separate the
men, but they were pulled off by Bald
win's father, who almost tore their
clothes off, and told "Shorty" to "slug
him." This and more, he said, would
be proved by the .state's witnesses.
Mr. Vaughn occupied 15 minutes, and
he distributed his remarks impartially.
between the jury, the defendants and the
audience. He said that N after the first
fight Baldwin was willing to shake hands,
but he was hounded by the Carlsons un
til he had either to agree to a meeting
or be termed a coward. The father had
advised him not to fight and after the
first round had tried to separate the pair,
and might have been successful if the
Carlsons had not urged Frank to continue.
All this Mr. Vaughn was prepared ' to
prove.
Jonas Carlson's. Evidence.
Immediately after Mr. Vaughn con
cluded, the state called Its first wit
ness, Jonas Carlson, of Montavilla, the
father of the dead. boy. He said he saw
Frank's body when it was received at his
home the Tuesday after the duel. Frank
was not quite 20 j-ears old. On cross-examination
he said Frank had been
working In the city, and he had not seen
him for two weeks before the fight At
that time he had come home with a bas
ket of cherries, and the family had had
a pleasant time. Frank was never quar
relsome. Ford Hamilton,' 21 years old, of 921 Sa
vler street a schoolmate and a partic
ular friend of George Baldwin and Frank
Carlson, was the first witness of the
fistic duel that the state called. On hl3
way home one night before the fight he
saw Carlson and William Baldwin talk
ing on the corner of Twenty-fourth and
Savler streets. As he was passing by the
father drew away, but the witness said
he heard him say: "I'll have 'Shorty
down there." "All right" said Carlson,
"I'll see him there." That was all of the
conversation he heard. He had been told
that a bet of $1 had been made, but he
knew nothing of it nor did he then know
the location of the place referred to.
He attended the fight, which took
place in Nlcolal street, near the North
Pacific mill. There was a crowd there,
and first all went to a sawdust pile. The
spot was not suitable, and so they re
turned to Nicolal street, where they
found a level place. All five of the Carl
sons were there, and so were William
and "Seventy" Baldwin. Everybody had
a hand in the arrangements, and no pac
ticular person had charge. Fred Baldwin,
George's brother, asked what sort of a
light they were to have, and Frank Carl
son said "a fair fist fight"
"No," said Fred, "we'll start with a
rough and tumble and finish with the
fists."
Description of the Fight.
In the mlx-up Baldwin threw Carlson
down, and the crowdVelled "punch him."
William Baldwin Interfered, and then
Carlson rolled George -over, and the father
again interfered, pulling Carlson off. Tha
crowd rushed in then, and the witness
could not see what happened afterward
until the two stood up for the fist fight.
"Shorty" hit Carlson on the nose, and
that member began to bleed. The witness
then stepped to the rear. He heard Fred
Baldwin say, " 'Shorty' has the best of
It, hasn't he?" and Oliver Carlson reply,
"Yes, I believe he has." He saw the
father once In a while during the fight
After Carlson hads fallen the last time
he and most of the crowd went home.
On cross-examination, the witness said
that the first information he had that
the fight would take place was when he
was told that Frank Carlson had bet $1
that " 'Shorty' would not be there." Al-J
w.l n .1 T7 J " 1 1 l i ia -
ucu wiu .cu aiisuu iiiui ubiteu mm to
be present and he had told them that
he might be there. He denied that he
had been selected by the Carlsons to act
as referee. Ed Carlson wanted the fight,
and advised Frank to "go after him."
He did not hear the crowd call George
Baldwin back to the field as he was leav
ing in order to avoid the fight nor George
say that he was willing to shake hands
with Carlson, nor the father tell the two
to quit fighting. All he caw the father
do was to separate them, as he had tes
tified. "When no one was near," he con
tinued, "I stepped up behind Frank and
advised him to quit 'You're getting the
worst of it,' I told him. but he did not
answer me." The blow on the nose was
struck five minutes after the fight had
begun, and the blood sickened the wit
ness and he retired. On redirect exam
ination, he said the fight lasted from 20
to 30 minutes.
When Hamilton concluded a recess un
til 9:30 A. M. today was taken. The
Jurors . were permitted to separate, but
were admonished not to converse about
the case with anybody or discuss it among
themselves. Any person who might at
tempt to engage them in conversationyJ
Jim-wing umi iney were jurors, must De
reported to the court.
The state will have 19 and the defense
16 witnesses, and District ' Attorney
Chamberlain thinks the trial will con
tinue two or three days.
V
MIDWAY FOR '04 FAIR.
Engineer Stakes Ont Grounds tor
the St. Louis Attraction.
ST. LOUIS, Sept 24. The amusement
boulevard of the Louisiana Purchase Ex
position,, corresponding with the famous
Midway Plalsance at the Chicago World's
Fair, along which will be placed most
of the concessions, was located and
staked out today by Chief Engineer Rich
ard H. Philips, Director ot Works Taylor
and Director of Concessions Gregg. The
lines run from a point near the northwest
corner of the site between the location
of the transportation building and Sklnker
road and the location of the machinery
building on the same thoroughfare, run
ning parallel with Skinker road until after
it has ascended the slope of the wooded
plateau. On the summit of the plateau
the boulevard will spread out in fanshape
as it takes a trend toward the southeast
until it ends somewhere in the rear of the
southwest corner of the fine arts palace.
Larger concessions, like the City of
Jerusalem, will be located on the exten
sive area west of Sklnker road.
Frederick Wellington Ruckstuhl has
been appointed chief sculptor of the
World's Fair. He will have active', direc
tion of the modeling of all sculptural ef
fects at the exposition. Mr. Ruckstuhl is
a sculptor of distinction. He is descended
from the French Huguenots, and came
with his family to St Louis when a chiH
To Washington, D. C, $15 85
Round Trip.
From Chicago via Pennsylvania Short
Lines October 3, 4, 5 and 6. Return limit
October 14, which can be extended to No
vember 3. Address F. N. Kollock. Pas
senger Agent Portland, Or.
G. A. K., ATTEXTIOK.
The best and most comfortable route to
Washington, D. C, is via the North-West-ern
line, a, St. P., M. & O. Ry. For full
information as to rates, etc., write or call
on H. L. Sisler, general agent, 218 Alder
street Portland.
WILLIAM
TEMPEST IN A TEAPOT
SILVERFIELD SUES MEIER FOR HIS
BLUE PRIXTS.
Dispute About Plans for House That
. Was Never Built Ends in Costly
"Wrangle Between Merchants.
A suit of S. Sllverfleld, the furrier,
against Julius L. Meier, to recover a set
of blue prints of architectural plans was
heard by Judge Cleland yesterday, and
proved to be full V,f interest The testi
mony disclosed that last Spring Sllverfleld
contracted to erect a dwelllng-houso,
which Meier was to occupy as tenant
G. H Vore, - an architect, was engaged
by Sllverfleld to prepare the plans and spe
cifications. The plans first prepared did not please
Meier, who afterward from time to time
sketched plans himself, such as he
thought desirable, and submitted them to
the architect New plans following: more
or less Meier's suggestions were drawn
by the architect, and shown to Meier, and
still ho was not entirely suited, and had
changes to offer. Meier obtained a set
of blue prints of the plans from Architect
Vore, and, on making some Inquiries, as
certained that he could build the house
lor 51500 less than Sllverfleld said It would
cost Meier then ended all negotiations
concerning the house, because he consid
ered Silverfield had misrepresented the
price in order that he might consistently
ask a high rent for the place. Sllverfleld
denied this, or that a house as good as he
proposed to. build could be erected for less
than the sum he had mentioned.
1 Meier, thinking the plans represented
many of his own Ideas, retained the blue
print copies, and testified also that Vore
made him a present of them. Meier stated
that his having copies of the plans did
not Injure Vore or Sllverfleld, for the rea
son that they have the originals. When
Meter declined to surrender the blue prints
Sllverfleld sued him to recover them.
R. C. Citron, attorney for Sllverfleld,
argued that Sllverfleld employed Vore and
Meier had no right to a copy of the plans,
and they wanted their property back.
Vore testified that he gave Meier the
blue prints, but was loth to admit that he
told him to keep them.
Attorney George W. Joseph, for Meier,
argued that the case was a frivolous one,
and was a piece of spltework on the .part
of Sliverfleld, who dragged Meier into
court for nc other reason. Counsel said
the blue prints were not worth anything,
and the architect could print as many
copies as he wished from the originals.
It was a case of a tempest in a teapot
Mr. Citron, in response, said the value
of the property cut no figure. It belonged
to the plaintiff and he wanted It Judge
Cleland took the matter under advisement
MOVES TO SET ASIDE JUDGMENT.
Building Loan Association Claims It
"Was Granted by Inadvertence.
The motion to set aside the service of
summons and to set aside the Judgment in
the suit of Fred Fritz against the Wash
ington National Building & Loan Associa
tion, set for hearing today In the State
Circuit Court, was continued by. Judge
Sears yesterday,-by request of counsel,
until October 7. At that time W. R. Pet
ers, an attorney, of Seattle, who desires
to appear In the case, will be here.
Fritz holds investment stock in the com
pany, which he alleges Is worth $1905, and
the company offered him onlyJTCO for It,
contending that because of losses sus
tained by the company during the dull
times, the stock depreciated In value, and
the company could not afford t pay any
more. Fritz sued to recover the 'full
amount of hla investment and after con-,
alderable delay his attorney, William
Reld. took Judgment by default against
the company, and caused an execution to"
be issued against the property of the cor
poration in Portland to satisfy the Judg
ment. Recently the attorneys for the Wash
ington National Building & Loan Com
pany asked to have the judgment re
opened, saying that it had been entered
through Inadvertence. The corporation
also filed an affidavit attacking the service
of summons on J. H. Hawley asits Ore
gon manager, asserting that he does not
hold such a position. Attorney Reld has
filed counter-affidavits showing that Haw
Icy has defended numerous suits here for
the company in the past and is described
BALDWIX, OX TRIAL FOR MANSLAUGHTER.
Drawn from life by Harry Murphy.
in its printed pamphlets as the Oregon
manager. The attorney thinks hisjudg
ment is good, and that there is no "reason
why it should be set, aside, or its satisfac
tion In any manner interfered with.
DOW.V TO DWELL "WITH SATA'X.
"Where 3Irs. Coles Says Her Husband
Threatened to Send Her.
Majorle Coles has sued James W. Coles
for a divorce, and asks the court to en
Join him from selling his property until
the case is disposed of. Coles Is a car
penter. He owns a dwelling-house at
Montavilla. valued at $2000, and property
in the East, which the plaintiff says is
worth SS0C0.
Mrs. Coles, In her complaint, alleges
that they were married at Bridgeport,
Conn., in l$l0. She charges her husband
with having treated her In recent years
In such a - cruel manner as to make it
impossible fcr her to live with him longer.
She avers that in April, 1900, he cut her
wrist and 3truck her in the face with his
lsVi also thatju November, 1901, he threat
ened to drown her, saying he had been
planning for a long time to get rid of her.-
Mrs. Coles further asserts that Coles
threatened her with a razor and an ax,
and told her he would send send her down
to dwell with Satan before long.
KEEXAX SPRIXGS SURPRISE.
Confesses Robbery of Cunningham
After Others Escape Conviction.
F, N. Keenan, jointly Indicted with
James Hughes and Chester Harvey for
larceny of fo from the person of William
Cunningham, an old man, while the latter
was intoxicated, created a surprise yes
terday by standing up before Judge Cle
land and entering a plea of guilty. He
will be sentenced Friday.
Hughes was tried and acquitted on Mon
day, and on Tuesday Harvey was tried
and the jury disagreed, but stood 10 In" his
favor, and two for conviction. Consider
ing the result of these two trials an ac
knowledgment of guilt on the part of
Keenan was entirely unlooked for.
The robbery occurred on Second street,
near Couch, and the perpetrators were
observed by Officers Gibson and Bailey,
who made the arrests. The men ran into
a saloon, where the officers found them.
It Is stated by a person who alleges that
he has been told the true facts In the case
that the officers made a mistake In ar
resting Harvey and Hughes, and that
others were concerned with Keenan In the
commission of the crime.
SUED IX WKOXG COUXTY.
Ground on "Which Mrs. Littler Con
tests Husband's Plea for Divorce.
In the divorce suit of J. C. Littler
against Sarah J. Littler, Judge Sears yes
terday denied the motion to quash servico
of summons. The motion was argued by
Attorneys Hewitt and Sox, of Albany, airS
was based on an affidavit that Littler re
sides in Linn County, and, that Mrs. Lit
tler Is in Sonoma, Cal., and that as neither
party ihs here the court has no juris
diction. It was contended that the suit must be
brought In the county in which one of
the litigants lives, but Judge Sears held
that In thl case that is unnecessary.
The attorneys appeared in behalf of the
defendant, who evidently desires to con
test the case. The parties were married
only a short time ago, and the divorce is
asked wn account of desertion.
OPPOSE BRICK. PAVEMENT.
Twenty-third Property-Ovrners Will
Remonstrate Against Plans.
The property-owners on Twenty-third
street are circulating a petition remon-.
strating against .the Improvement of the
street, from Washington to Nlcolal. They
object to a brick pavement, but will be
satisfied with macadam. Some prefer
stone, laid in cement, as was recently
used on Washington street. If the car com
pany will fix thetrcet between Ifs tracks
In a first-class Tnanner. Other property
owners say a wooden block pavement is
best All desire the work done, but the
majority oppose the use of bricks.
SACKET PLEADS GUILTY.
Admits Sending Improper Letter by
Mail to Illinois Man.
In the United States District Court
yesterday G. R. Sacket pleaded guilty to.
a charge of having sent obscene matter
through the mall, and he will probably
be sentenced today. Sackett, when a
resident of Ontario, Or., in March. 1900,
mailed an obscene letter to John Newell,
of Elco . 111. Soon after he disappeared,
and when a warrant for his arrest was
Issued he could not be found. Recently
he was located In Utah, and was ar-
rested and brought back to Portland a
few days ago.
Whnt "Was Lawyer's Work Worth?
The trial of the suit of James Mannery
against Charles E. Runyon, to recover
J140 expenses ot a big timber land deal
in Columbia County, was continued be
fore Judge Frazer yesterday, and will be
concluded today. The time yesterday
was principally taken up In examining
lawyers as witnesses to ascertain what
certain services performed by Ralph R.
Dunlway, attorney for Mannery, are
worth. Mr. Dunlway claims $100. and
Runyon thinks about $15 is enough. At
torneys who testified Included H. M.
Cake, J. V. Beach., H. K. Sargent and
H. B,- Nicholas. r
For Selling Liquor to Indians.
Informations were filed by the United
States District Attorney yesterday
against James Barkley, William Smith,
J. N. Smith and John R. Franklin for
selling whisky to Indians. All the ac
cused are from Umatilla County, and
were recently arraigned before and com--mltted
by the Commissioner at Pendle
ton. "Will of Carsten Hansen.
The will of Carsten Hansen, deceased,
was admitted to probate In the County
Court yesterday. The estate consists of
real property valued at $5000.- which Is
devised to the wife, Ellse Hansen, who
is named as executrix without bonds.
There is a residence at Mount Tabor and a
farm at Bethany. To the children, Adolph.
Mary and Anna, $1 each is devised.
Court Xotes.
Samuel A. Dorrance was appointed In
the County Court yesterday guardian of
Sarah J. Dorrance, Insane.
Kahn Bros, yesterday filed an attach
ment suit against B. Raffaelo, commonly
known as R. Bonofigllo, to recover $163.
C. H. Williamson, Indicted for passing
a forged check, pleaded not guilty when
arraigned before Judge Sears yesterday.
The trial will be held soon.
Judge Webster leaves Friday night
for Green River, Wash., where his wife
has been staying for several weeks for
the benefit of her health. He will be back
on Monday.
A petition In bankruptcy was filed In
the United States District Court yes
terday by J. E. Bond, a farmer of Eu
gene. His liabilities are placed at $2309 76,
and his assets, consisting of exempt
property, at $115.
PALMA FIES A PROTEST.
Objects to United States Removing
Cuban War Records.
HAVANA, Sept 24. One month ago
President Palma wrote a letter to Wash
ington asking that all the military rec
ords now in charge of Chief Clerk Steln
hart be kept In Cuba for at least one
year, as they were absolutely necessary
to conduct government business. Presi
dent Palma did not receive a satisfactory
reply to this request and last week the
War Department sent orders to its agents
here to send Immediately to Washington
the records of the Auditor's office. Prep
arations are being made to comply with
these orders.
President Palma, however, strongly ob
jects to the removal of the documents in
question, and has protested to Washing
ton in the matter. He says the Cuban
Government is now paying all the ex
penses of keeping up the Auditor's office,
and Is willing to continue to do so, and
that It is a matter of Justice to allow the
government to have easy access to the
records.
Xew Cable Laws in Time of War;
BRUSSELS Sept. 24. The Congress of
International Law, which Is In session
here, has adopted new resolutions re
specting the use of submarine cables in
time of war.
The first resolution declares' that a sub
marine cable connecting two neutral ter
ritories is inviolable.
The second resolution says that cables
connecting belligerents may "be cut any
where except In a territorial sea or In
neutralized waters.
The third resolution sets forth that a
cable connecting neutral territory with
the territory of a belligerent must not be
cut in a territorial or neutralized sea,
and In the open sea only within the lim
its of effective blockade.
The fourth resolution says that the lib
erty given to a neutral state to transmit
telegrams must not degenerate Into dis
loyal and manifest assistance to a bel
ligerent Merit wins and this is the reason for the
"n"alIed Popularity, of Hood's Sarsa-
STRATTON WILL CONTEST
SOX DECIDES TO BATTLE FOR HIS
FATHER'S MILLIONS.
Will Allege Parent Was Incompetent
Mentally His Lawyers Will Get
1,000,000 if They Win.
DENVER, Colo., Sept 24. Harry Strat
ton, of Pasadena, Cal., after a conference
today in this city between his attorneys.
Judge A. T. Gunnell. of Colorado Springs,
and Wolcott & Valle, decided to contest
the will of his father, Wlnfield S. Strat
ton, leaving the bulk of his estate, esti
mated to be worth $10,000,000 to $12,000,000,
for the establishment of a home for poor
and sick people at Colorado Springs.
When the application for probate is
made at Colorado Springs on October 4,
the contest will be instituted. It is un
derstood that aside from the allegations
that the will Is void on the ground of
public policy and Its visionary provisions,
It will also be averred that W. S. Strat
ton was mentally Incompetent to dispose
of his property. It. Is said that Wolcott
& Valle will receive $1,000,000 as their fee
If they succeed In breaking the will.
Young Mr. Stratton would not consent
to begin suit until he was assured by
his attorneys that the clause in the will
providing for the forfeit of his bequest
of $50,0C0, If he should make a contest,
was void.
Judge A. T. Gunnell. young Mr. Strat
ton's attorney, made the following state
ment for publication this afternoon:
"We have practically decided to make
the contest. But Mr. Stratton will not
seek to disturb any bequest "except that
providing for the Stratton Home. He
will make the contest at the risk of los
ing the $50,000 to which he is entitled
under the will. No one has assured him
that if he makes the c6ntest he will not
lose the money.
"Mr. Stratton feels hurt by the pro
vision in the will which gives all his
father's diamonds, books and various
other personal effects to a nephew. He
Interprets that as a reflection upon him.
That portion of the will grieved young
Mr. Stratton very much, and we think
It shows conclusively that there was a
disinclination on the part of the late Mr.
Stratton to do justice to his own flesh
and blood."
ROYAL VISITOR'S MISSION
Crown Prince of Slam Will Stndy
American Conditions.
WASHINGTON. Sept. 24. The Slameas
Minister, Mr. Phyla Akaharaj Varadhara.
accompanied by Edward H. Loftus, secre-
tarv of" Ipirfltfnn rnnforrpil wHh Thlrr!
Assistant Secretary of State Pierce today !
respecting the forthcoming visit to the
United States' of Chowfa Maha Vajnria
vudh. Crown Prince ot Slam. The visit
will be semi-official In character. The
Crown Prince does not wish to be bur
dened with a full official reception, which
would divert him from more serious pur
poses of his trip, but he does wish to
have sufficient official recognition to In
sure comfort in his movements and op
portunities to meet persons who may as
sist him In his mission, which Is to study
our Industrial systems. The royal visitor
wishes about six weeks for this purpose.
In that time traversing the country from
New York to San Francisco, at which
point he will take ship for home. He
will sail for New York October 10, and
will be presented to President Roosevelt
at the first suitable opportunity.
Hot Injured in Fight With Grizzly.
BUTTE, Mont., Sept. 24. Reports sent
out from the Yellowstone National Park
to the effect that S. Osgood Pell, a prom''!
lnent Iew Yorker, had been injured in an
encounter with a large grizzly bear, while
hunting- In the Rocky Mountains south
of the park, arc untrue, jxj far as to fiis
being injured, although he had a narrow
escape. Mr. Pell wounded the bear when
jjjw cliCcip
"A GORDON Hat (soft or stiff) by anj
other name would be as good."
True. But
Nine-tenths of the
satisfaction of having a
good thing comes of
knowing that it's good.
The tenth tenth is
the ability to get an
other like it.
So look for the
GORDON trademark.
It started to attack him. but six shots
from hly rifie finished the brute. Mr.
Pell's horse was nearly killed by the bear
before it was dispatched. Mr. Pell and
party were in Livingston last night on
their way home.
BEEF TRUST GIVEN UP.
Packers Are Alarmed by Speeches
of President Roosevelt.
CHICAGO, Sept. 24. The combination
of the great packing-houses of the coun
try, which has been under consideration
and In process of actual formation for
the past six months, has been abandoned
at least for the present, says) the Tribune.
The dccisioTnot to complete the combina
tion is due in a large degree to the atti
tude of the National Administration to
ward trusts, as outlined by President
Roosevelt in his recent speeches, and tc
the possibility that, in the event of a con
solidation. Congress might remove the
tariff on cattle.
It was learned last night that a final
meeting of the heads of the firms known
as the Big Four packing-houses in Chi
cago had been held, at which it was
agreed to end all negotiations at once.
This was followed by an order Issued
from the offices of Swift & Co. that ths
firm's employes should Immediately dis
continue the Inventory of property and
stock, which had been ordered started for
the purpose of tabulating a report of the
.financial standing of the company, which
was to have been used as a basis for the
division of shares in the combine.
Rare Manuscripts for rrinceton.
PRINCETON, N. J., Sept. 24. The Uni
versity library has been enriched by a I
collection of rare manuscrlpta owned for
merly by Rev. Dr. Samuel Miller, the
celebrated minister, and Miss A. S. Hunt,
of W ashlngton, D. C. These include thtr
oration on the death of Washington, by
General Henry Lee ("Light Horse Harry"),
in which occurs originally the phrase,!
"First in war; first In peace; first in the!
hearts of his countrymen."
Pure White Whale Captured.
NEW BEDFORD. Mass.. Sept 24. The
whaling bark Platina, of this port, re-
ports the capture, near Barbadoes, of a
pure white whale, which made 100 barrels
of oil.
For any case of nervousness, sleepless
ness, weak stomacn, indigestion, dysper
sla. relief Is sure in Carter's Little Liverl
Pills.
is ten
times as
as meat.
A piece of beef which costs twenty
five cents, translated into energy
that is, into bone, blood, brawn and
brain will only yield 68 per cent,
as compared with twenty-five cents'
worth of H-O, which will yield
345 per cent. H-O is cheaper
than meat, and better.