Morning Oregonian., October 28, 1902, Page 4, Image 4

4
THE MORNING OREGfONIAN, TUESDAY, OCTOBER 28, 1902.
HIS WORD NO EXCUSE
Ignorance of Age No De
fense to Liquor-Sellers.
SUPREME COURT DECISIONS
Dealers Cannot Stand Pethlad State
ment ot Boy That He la of Age
Statates Bind Party to Knotr
Facta Other Case.
Ignorance of the age of a person pur
chasing liquor, Is no defense to a pros
ecution for selling liquor to a minor,
even though the latter declared that he
was of ace.
Where, In pursuance of an agreement,
a vendor appoints one of the vendees
as his agent to settle a dispute as to the
quality of the goods sold, he is hound
by the settlement If It Is made In good
faith.
"Where a gift is made in apprehen
sion of impending death, tho gift is
valid and will be upheld If tho circum
stances indicate a present intention of
transferring title.
Where a warehouseman Issues a "ware
bouse receipt, as security for a loan,
the holder has no claim upn grain held
by a receiver for the benefit of 'de
positors, if tho evidence falls to show
that at the time the receipt was Issued
the warehouseman owned wheat then
stored in tho warehouse.
SALEM. Oct. 27. (Special.) The Su
preme Court today handed down decisions
In six appealed cases, in five of which the
lower court was affirmed. The most im
portant case from a public standpolnt-was
that of Stato vs. Gully, In-which' it is
held that a saloonkeeper who sells liquor
to a minor cannot escape conviction un
der a defense that he believes the pur
chaser to be of age.
State of Oregon, respondent, vs. James
Gully, appellant, from Linn County,
George H. Burnett, Judge: affirmed. Opin
ion by Chief Justice Moore.
Defendant was charged with selling
liquor to a minor and having pleaded not
guilty was tried and found guilty. -At the
trial the court Instructed the Jury, over
the objection of defendant, that defend
ants Ignorance of the fact of the person
being a minor is no defense. The verdict
of the jury .contained the findings that
(1) the defendant sold whisky, an In
toxicating liquor, to -Hrelnhold Zimmer
man, receiving therefor $3 75; (2) that
Zimmerman was then only 19 years of
age; (3) that before selling the whisky
Gully asked Zimmerman his age and tho
latter replied that he was -21 years old;
(4) that Gully honestly believed thai Zim
merman was of age.
The conviction was had under section
1913 of Hill's Annotated Laws, which pro-
t'Moc tVin f IF ont nrnn ,V.t11 coll anv
Intoxicating liquor to any minor In this
state 3uch person shall be deemed guilty
of a misdemeanor and upon conviction
thereof shall be punished, etc.
The Supreme Court cites authorities
showing that there is an irreconcilable
conflict on the question whether a mis
take of fact regarding a person's age con
stitutes a defense, but that this court Is
committed to the doctrine that "the ven
dor's belief, however honestly entertained,
that a purchaser of intoxicating liquor is
of lawful age, constitutes no defence.
. . . As statutes of this character bind
theparty to know ihe facts and to keep
them at his peril, neither the motives nor
the Intent of the defendant can relieve
him."
It Is also held that the act of 1S91. mak
ing It a crime for a minor over 1G years
of age to deceive in order to secure liquor
does hot relieve a vendor of the conse
quences of a mistake he may make re
specting the age of the purchaser.
Balfour. Guthrie & Co., appellants, vs.
North Pacific Lumber Company, respond
ents, from Multnomah County, J. B
Cleland, Judge: reversed and remanded.
Opinion by Justice Bean.
This is the oacond time this case has
been appealed to the Supreme Court by
plaintiff, and the .second time It has been
reversed. The action was brought for
reclamation on lumber purchased by Bal
four, Guthrie & Co., a Portland firm,
from the North Pacific Lumber Company,
for shipment to Chile, on the joint ac
count of plaintiffs and Williamson, Bal
four & Co., of Valparaiso. The contracts
of sale contained a stipulation that "in
event of any dispute arising at port of
discharge in regard to quality, sellers to
appoint a representative on the spot to
attend to and fettle the same." The car
goes were held at Portland until paid for,
and when they reached their destination
the buyers refused to accept a portion of
it, on the ground that it did not con
form In quality to the contract.
Plaintiffs informed Mr. Williams, man
ager of the North Pacific Comppny. of
the dispute regarding quality, whereupon
the latter advised plaintiffs by letter "we
will be satisfied with any settlement yo'i
may make for us In adjusting the matter
at point of destination." Balfour, Guth
rie & Co. then cabled their Chilean firm
to settle the dispute, and it allowed the
purchasers a deduction on account of
poor quality amounting on one shipment
to $$5 75, and on the other to ?30S7 15. The
North Pacific Lumber Company refused
to abide by the settlement or to reim
burse plaintiffs for the alleged loss, and
this action was brought to recover the
amount allowed In the .settlement. The
trial resulted in Judgment for defendant
and plaintiff appealed.
At the trial the court Instructed the jury
that unless the lumber failed In some ma
terial particular to fulfill the terms of
the contract. In respect to quality, the
plaintiffs could not recover. The Supremo
Court holds that this Instruction was er
ror, for-If the settlement made by plain
tiffs, acting as defendants' agents, was
made in good faith. It was blndlnjr urxin
defendant, even though it might after
ward appear that the quality of the lum
ber was according to contract.
The court also holds that there was
some evidence of fraud in the settlement,
and that the court properly submitted the
case to tho Jury. Because of tho er
roneous instruction the case is reversed.
. William Dcneff, administrator of Ed
ward Graupner estate, appellant, vs. Ed
ward Helms, administrator of the H. V.
Helmo estate, respondent, from Jackson
County, H. K. Hanna, Judge; affirmed.
Opinion by Justice Wolverton.
The rule of law laid down In this case
is that "If a donor, being in ill health
nnd apprehensive of death, and' in view
of such condition and apprehension, de
livers property to a third person abso
lutely, thereby jelinqulshing- all right to
the possession and dominion over it, for
the use of the doneo under such circum
stances as to indicate a present intention
of transferring, title to the latter, the
gift is valid and will be upheld."
Nancy Carter, appellant, vs. Miles NS.
Wakeman. respondent, from Jackson
County, H. K. Hahna, Judge; affirmed.
Opinion by Justice Wolverton.
This was an action at law to recover
damages resulting from the alleged ob
struction of an easement claimed by
plaintiff." The plaintiff failed In the lower
court because of insufficiency of the com-
plaint, and this decision is sustained un
der the following'' rule of law:
"To constitute an appropriation, there
must be an approprlator 'with the intent
to appropriate to some beneficent use.
This must be followed by a diversion and
application to the use within a reason
able time." The complaint contained no
sufficient allegation of these essentials
to show an easement
State of Oregon, respondent, vs. "Will
lam Sally, appellant, from Baker County,
Robert Eakln, Judge; affirmed. Opinion
by Justice Bean.
The defendant was found guilty of steal
ing a eteer belonging to E. H. Powers, In
October, J90L The appeal to the Supreme
Court was based upon various allegations
of errr In the court below. In deciding
the case the court lays down no new rules
of law, but finds that no errors occurred
prejudicial to the defendant.
H. M. Milllom, ct al., respondents, vs.
Caroline Clow, administratrix of, tho es
tate of Robert Clow, et al., respondents,
and H. M. Grant, appellant, from Xiane
County, J. TV. Hamilton, Judge; affirmed.
Opinion by Chief Justice Moore.
This was a suit by S3 depositors of
wheat in Robert Clow's warehouse , at
Junction City, against Caroline Clow and
15 others, to secure pro rata distribution
of a fund arising from the .sale of wheat
CHILDREN AFTER MONEY DISTRIBUTED BY "UNCLE BILLY" BROWN.
DALLAS. Or.. "Oct. 27. (Special.) The photograph herewith reproduced represents the nickel scramble which took place on
the Courthouse square in this city last Saturday. In the picture is shown the scramble at its height. In the foreground are
the smallest glrlsi next the largest girls, then the smaller boys, and in the farthest side of the block are 4he o!dMt boys.
Many ludicrous incidents occurred. One small boy, after picking up 20 nickels, made the startling discovery that he had lost
them as fast as he found them, as the pocket he had put them in had a large hole in It. Local dealers In candy and chewing
gum were kept busy after tne fun was over.
found In Clow's warehouse - after his
death. Grant put in a claim for $2000,
which her had loaned to Clow in Septem
ber, 1S?9, for which Clow executed promis
sory not3 secured by two warehouse re
ceipts for 2TH) bushels of what each. The
lower court decided that Grant had no
rlgh't to share in the wheat, and the Su
preme Court affirms the decision holding
that there is po evidence tending to show
that at the time the receipts were de
livered to Grant. Clow owned any wheat
stored In the warehouse.
CIRCUIT COURT AT ALBANY.
Tme Dill Found Agrnlnst J II.
Cooper, of Brownsville.
ALBANY. Or.. Oct, 27. (Speclal.)-De-partment
1. G. II. Burnett. Judge, of the
Circuit Court, convened in Albany this
forenoon, with a docket of only 22 cases.
Of- these, eight were settled, judgment
was rendered by default In four, and three
have been continued.
In the case of the state against W. O.
Tycer and Thomas Vennum. charged with
robbing the Bank of Brownsville, a mo
tion for a continuance to the next term
on the grounds that the defendant, Tycer,
Is low with consumption was granted.
A true bill was found against J. H.
Cooper,- charged with assault with Intent
to kill George W. McCamey in a hopyard
at Brownsville September 15. A .motion
for a continuance on the ground that the
prosecuting witness Injured by the as
sault is not yet well enough tojbe pres
ent, and will be heard and probably grant
ed tomorrow morning. A true bill was
found against Frank J. Robinson, charged
with the theft of a harness from -the barn
of H. C. McTimmonds, near Lebanon, and
Ihe defendant will plead tomorrow morn
ing., CLERIC SECURES. DECISION.
Grhnteil Suit for Salary Afralnst Ore
gron Shoe Company.
SALEM, Oct, 27. The suit of Paul Van
dersol against the Oregon Shoe Company,
for ?20 40 as clerk, was tried before a
Jury in Justice Horgan's court, today,
and decided In favor of the plaintiff. The
case has attracted wide Interest locally
and the courtroom was crowded during
the trial. When the verdict was read
the audience disregarded court decorum
"and showed Its approval with shouts of
delight. The shoe company's defense
was that Vandersol hid sold a pair of
shoes on credit against Instructions, and
that he had lost time in being late in
the morning.
STRUCK BY RAND03I SHOT.
Ballet Passes Through Arm of C. B.
Crasno on Streets of Toledo.
NEWPORT, Or., Oct. 27. (Special.)
Hon. C. B., Crasno, Collector of Customs
for the Newport District, was struck in
the right arm, Saturday afternoon, by "a
random 25-callbrc rifle bullet, Mr. Crasno
was walking up the principal business
street of Toledo at the time and when in
front of Waugh's meat maTket, the bul
let struck him In the arm, passing
through the flesh and grazing the bone
just above the elbow. Tho shot was
fired by some careless hunter from the
.tldelands below town.
La Grande Lodges Consolidate.
LA GRANDE. Or., Oct, 27. (Special.)
Th union of thePloneers of the Prfclflc
with the Washington Lodge was completed
here last week. . An attempt had been
made to maintain separate lodges, but on
the representations of R. A, Copple, the
representative of the Washington Lodge,
the Pioneers -voted to disband and most of
them will go into the Order of Washing
ton. This will give the Washlngtons a,
membership of about"125, making It nearly
the largest local lodge.
To Name Civic Improvement Ticket.
M'MINNVILLE, Or., Oct 27. (Special.)
Tonight the Civic Improvement Order
will meet to nominate aclty ticket The
Law and Order League, which named a
ticket Friday evening, constitutes the op
position. Jacob Wortman will probably,
be nominated for Mayor and Neal for
Marshal. v
Many forms of nervous debility in men
vleld to .the- use of Carter's Little Liver
Pills. Valuable for nervous weakness,
night .sweats. Try them. .
FAVORS FOREST RESERVE
FORESTER SUDWORTH'S RECOM
MENDATIONS. aiakes Extended Personal Investiga
tlons and la Convinced Temporary
Should Be Blade Permanent.
BAKER CITY, dr., Oct 27. George B.
Sudworth, assistant forester of the Bureau
of Forestry of the United States Depart
ment j3t Agriculture, accompanied by A.
J. Johnson, forestry expert for Oregon,
arrived in this elty today, after ' a six
weeks', tour of Inspection of the Blue
Mountain forest reserve, contemplated In
the recent temporary executive order
withdrawing the greater -portion of the
timber lands of Eastern Oregon from en
try or sale. Mr. Sudworth says -that the
object of the Government In establishing
the proposed reserve is to protect the set
tlers, and especially the mining, industry,
in the years to come. His examination
of the country covered by the, proposed
reserve has convinced him of the wisdom
SCRAMBLING FOR NICKELS AT DALLAS
of making the temporary order perma
nent, and he will so- report. He stated
that the regulations of the Government
would prevent the shipping of lumber
manufactured from reserve timber out of
the state, but that there would be no re
strictions put upon the cutting of timber
for home consumption. From the survey
made by. Mr. Sudworth he is decidedly of
the opinion that the limited supply of
timber in Eastern Oregon demands that
the Government shall protect the future
development of the country by conserving
the timber and holding it for the benefit
of local industries, such as farming, railroad-building,
mining, home manufac
tories, etc. In the opinion of Mr. Sud
worth, unless some restriction Js put upon
the destruction of timber in this part of
Oregon within a few years mining and
agricultural pursuits will be greatly crip
pled for want of timber.
(It Is to be observed that Forester Sud
worth Is connected with the Department
of Agriculture, while -the public lands and
forest reserves fall under the Jurisdiction
of the Department of the Interior.)
GRANGE DISCUSSES TIOADS.
Session at St. Helens Passes a Num
ber of Resolutions.
ST., HELENS. Or.. Oct. 27. (Special.)
"Good Roads" was the principal subject of
discussion at the quarterly meeting of the
district Pomona Grange for Clatsop and
Columbia Counties, which adjourned at 1
o'clock Sunday morning, after holding day
and night sessions at Houlton.
The following resolutions, were reported
by the good roads committee and adopted:
"1. That we favor a State Highway
Commission.
"2. That all main roads be laid out by
the state.
"3. That any one claiming damages by
reason of a road being located through his
premises should present said claim to the
County Court, and if it is shown that said
road is a benefit to the claimant, such
benefit shall be taken Into consideration
and charged to the claimant.
"4.' That the grade on state roads shall
not exceed 10 per cent.
"5. That our Representatives in Con
gress should use their influence to increase
the appropriation of money for public
roads, and counties should increase the
road tax levy and appropriations for that
purpose.
"Gl We recommend the use of convict
labor to build public roads.""
About 75 Patrons of Husbandry were
present from he various Granges, and
the fifth degree was conferred on 33 new
members. Reports from the ' different
Granges Indicated a healthy and enthusi
astic growth. State Organizer J. S. Casto
was present.
The following officers were elected, who
will-be Installed In January:
Master. W. A. Young, of Clatskanie;
overseer, R. N. Lovelace, of Hudson: stew
ard, T. J. Evermore, -of A Hudson; assist
ant steward, Frank J. Peterson, of Mist;
chaplain. G. L. Tarbell, of Yankton; sec
retary, G. R. Hlggins, of Clatskanie;
treasurer, Al Ford, of Clatskanie; gate
keeper, S. G. Schoonover, of Vernonla;
Ceres, Theresa Lindblone, of Beaver Val
ley; Pomona, Mrs. Anna Copeland, of
Houlton; Flora, Miss Mabol Bolsvert, of
Clatslcanie; lady assistant steward, Mrs.
Nettie 'Peterson, of Mist.
R. P. Burns, W. A. Young and Frank J.
Peterson were elected delegates to attend
the farmers' congress to be held in Port
land in January.
CAPTAIN PARKER ARRESTED.
Charged With Assault and Intent to
Klh His Vlfe.
ASTORIA, Or., Oct 27. (Special.) Cap
tain E. P. Parker was arrested today on
an Information charging him with an as
sault with intent to kill his wife, Nellie
Parker. He was released on $1000 bonds to
appear for a preliminary hearing on
Wednesday morning. It Is reported that
Mrs. Parker is seriously injured and not
likely to be able to be out for some time.
The complaint upon which the information
was based was sworn to by Thomas E.
Parker? the eldest son of Captain and Mrs.
Parker. v
Price- of Salmon Reduced.
, The price of fish was retfuced today, and
tiow silversldes and tules are bringing but
1 cents a pound, against 2 and 3 cents
a pound last week. The fish buyers formed
a combination and refused to pay the for
mer price, ' declaring that it was- too high,
after which tho price dropped to cents.
The run. of silversldes has shown consid
erable Increase during the past few days.
On Shoalwater Bay 2 cents a pound Is; paid
for tules and silversldes, and 3 cents each
for dogfish. , ' . "-
The fair held by the ladles, of the St.
Mary's Catholic Church last week for the
building fund of tho new church netted
$1250.
The collection of taxes 'on the 1S01 delin
quent roll was recommenced by the Sheriff
this morning, and will be continued until
shortly after December 1, when. the prop
erty will b esold.
UPHOLDS LOWER COURT.
Military Men Are Amenable to Action
by the Civil Courts.
SAN FRANCISCO. Oct. 27. A decision
of unusual Interest was rendered by the
United States Circuit Court of Appeals to
day, when It decided that the military men
of the United States Army are amenable
in the civil courts of the country for" of
fenses other than those committed solely
In violation of Army rules. The decision
was 'delivered in the case of Lieutenant
John M. Neall, a Presidio officer, convicted
of forgery' In 1S9S before a jury and sen
tenced to serve tw? years in prison.
Neall's attorney appealed, claiming that
as Ncall and all the parties concerned in
his alleged offense were of the United
States Army, Neall's trial should have
been before ai court-martial, under the
articles of war. After an exhaustive ar
gument dealing with the constitutional
utterances on the subject the. Court of
Appeals denies the petition for a reversal
of the decision and upholds completely the
Judgment of the lower court.
Capital City Brevities.
SALEM, Or.. Oct. 27 (Special.) Max G.
Cohen was today"admitted to. the bar upon
credentials from the Supreme Court of
New York, and upon motion of Alex Bern
stein and D. Soils Cohen.
Joseph Calhoun, aged -13, and a resident
of Salem, was committed to the asylum
today.
The Salem laundry workers have formed
a unjon, with the following officers: Presi
dent, N. L. Moffitt; vice-president, Mrs.
Ella Baker; financial secretary, J. H. Dun
lap; recording secretary, Miss Ella Donald
son; treasurer, L. C. Hackett; sergeant-at-arms,
L-. Viesko; delegates to Salem
Central Labor Union, N. L. Moffitt, John
MpKies and Mrs. Mauzle.
Archie Heryford. aged 41, died in this
city last night of paralysis. The home of
the deceased was in Lakeview, where the
remains will be shipped for burial.
Sheriff Co'.bath today paid into the Coun
ty Treasuryl9S3 CO, .the last payment on
1901 tax coWtlons. The delinquent roll
will be lessTf.an $5000.
University of Oregon Notes.
UNrVERSITY OF OREGON. Eugene,
Oct. 27. The associated students have
chosen -debaters, who shall try out in a
public contest to select the three who
shall represent the college in its first
intercollegiate contest. The ones chosen
are the following: Affirmative leader,
David Graham; colleagues. Baily and
Mitchell. Negative leader, V. W. Tomli
son; colleagues, McArthur and Bryant.
The junior class has elected Miss Pearl
Luckey, of Pendleton, to represent the
class in the. local oratorical contest to be
held soon. The freshman class has chosen
as its representative. C. W. Watson, of
Ashland.
The Philologian Literary Society has
elected tho following officers: President,
Chester Fisher; vice-president. H. S.
Lamb; secretary, George Murphy; treas
urer, J. W. McArthur; censor, John Hand
sacker; sergeant-at-arms, H. B. Densmore;
librarian, Charles V. Ross.
Changes in Oregon Postal Affairs.
OREG ONI AN NEWS BUREAU, Wash
ington, Oct. 27. Ames S. Johnson has" been
appointed Postmaster at Port Orford, Or.,
vice Henry Rutcher. resigned.
Three rural free delivery rbiftes will be
established December 1 at Junction City.
Or., with three carriers. The route em
braces an area of 100 square miles, con
taining a population of 1710.
The postofflce at Franklin is to be dis
continued. Pioneer of 1S47.
VANCOUVER, Wash., Oct. 27. (Spe
cial.) Reese Anderson, aged 0 years, died
very suddenly at about 8 o'clock Saturday
morning at his home near Vancouver
of heart disease. He leaves a wife and 11
children six sons and five daughters. Mr.
Anderson was a pioneer ot 1S49, and his
wife arrived here in 1847. They have re
sided here continuously since, and- have
acquired considerable property.
McBrldc Spenlcs at "Walla Wnlln.
WALLA WALLA, Wash.. Oct. 27. (Spe
cial.) Governor Henri' McBride and State
Senator Warburton, of Pierce County, ad
dressed a mixed audience of Republicans
And DemocratsXof Walla Walla this after
noon. In the evening United Stat'es Sen
ator Turner, of Spokane, spoke. The Gov
ernor's speech was along the lines of an
appointive Railway Commission.
Boy Dies From Effect of Fall.
ABERDEEN. Wash., Oct. 27. Richard
Mason, the 15-year-old -con of a promi
nent cbntractor, fell, on Saturday, in a
new schooL building, a distance, of IS
feet and died early this morning.
f-
Aberdccn Union After 8-Hour Day.
ABERDEEN, Oct. 27. The Federated
Unions are taking steps toward the es
tablishment of an ebjhiJiAur day-
SENSATION IS SPRUNG
WALLA' WALLA CITY WATER SAID
"'TO COME FROM DITCHES.
Mayor Hunt Makes Declaration In
Council Meeting Town Has Ex
pended 20,000.
WALLA WALLA, Oct 27. A sensation
was'sprung today by Mayor Gilbert Hunt,
who declared before a special session of.
the City Council that the supposed source
of water at Thomas Springs, now being
developed for municipal purposes, came
from Irrigation ditches and npt from an
underground flow. About $20,000 in cash
has been jjpent by the city in development
work at the springs, east of the town.
Ten thousand- dollars went for the pur
chase of tho springs and site from Joseph
Thomas, an attorney. Engineer George
Worley, in charge of the development, has
expended $12,000. Worley professes ig
norance of the flow of water from the
ditches
Mayor Hunt, who assumed office last
June, after the water site had been pur
chased, said he was made aware of tho
present condition of affairs upon personal
Investigation. It is understood Thomas
showed the Mayor where the, pipes had
been laid connecting the springs with tho
ditch water. "A dead chicken might pol
lute the whole water system of the City
of. Walla Walla," declared Hunt The de
velopment of Thomas 8prlngs was sup
posed to give a flow of 4.000t000 gallons
per day.
Thomas made the statement that he will
prosecute for trespass anyone who at
tempts to investigate the affair, as the
pipe and Irrigation ditches are Bald to be
on his property. It Is alleged he is angry,
because the sensation was "sprung" at
this time.
Mayor Hunt attempted to lay blame on
no one. vThe Council will make personal
investigation next "Wednesday.
ANOTHER BALLOT IRREGULARITY.
Vacancy Is Filled Without Stating
Authority 2or So Doing.
OLYMPIA. Wash.. Oct. 27. (Special.)
Another Irregularity on the Republican
ticket in Walla Walla County was the
subject of a telephone message from there
today, and of an opinion by the Attorney
General. A candidate for County Com
missioner resigned, and In certifying tho
appointment of a new candidate the Re
publican Central Committee failed to state
in such certificate that It was authorized
by the county convention" to fill vacancies
On the ticket. The Attorney-General holds
that It is essential that tho certificate
should contain such a statement, but that
ff the convention authorized the Central
Committee' to so act Jt is not too late
for the committee to file a new certificate.
If the official ballots have been printed,
it wouid be the duty of the Auditor, upon
receipt of a proper certificate, to prepare
stickers and send them to the Judges of
each precinct interested for use In voting
for the candidate omitted frdm the ticket
SEATTLE MAN SHOOTS HIS WIFE.
TurnsGnn on Himself, but Makes
Failure at Suicide.
SEATTLE. Oct. 27. Michael Bartlett
killed his wife and attempted to kill him
self tonight His attempt at suicide was
a bungling effort, the bulle just grazing
his scalp. He Is now in Jail. Before
breathing her last Mrs. Bartlett told the
police that" Bartlett had boasted of killing
a man.but she could give no particulars.
While being conveyed to the hospital Bart
lett denied killing his wife. After ascer
taining that his wounds were not serious,
the murderer was taken to Jail. Bartlett
was at one time rated as worth $100,000. He
squandered It all in dissipation, and had
just finished a jail sentence for threaten
ing to kill his wife.
FALLS OFF TRAIN.
Passenger Wolks Ont of Rear Door
of Dining Conch.
BOISE, Idaho, Oct. 27. (Spe"cial.) J. C.
Gawthorp met with a serious accident
near Mountain Home this evening.' He
was on a west-bound train, xand after
taking dinner In the diner started -to go
forward to the sleeper, but got turned
around and went out the back door and
"walked off the platform, the diner being
the last car on the train. He, was very
badly cut up, and one of his ribs was
broken, but he is not thought to be badly
injured. He-was brought to Boise.
" Suicide in Fruit Valley.
VANCOUVER', Wash., Oct 27. (Spe
cial.) G. G. Porter, a resident of Fruit
Valley, committed suicide Saturday morn
ing by blowing off the top of his head v?ith.
a shotgun. Porter first took strychnine,
then cut himself severely on tho arm,
made a gash in his throat, and then, to
make the work of destruction cure, went
to the barn and ended his life with the
fowllng-plece. No motive for the deed
has been advanced other than temporary
Insanity, probably the result of a sun
stroke attack ' suffered last Summer.. His
property interests were in good shape and
worth goodly sums." He leaves a wife and
two grown sons. Mr. Porter came to this
county from Dakota 12 years ago, and was
50 years old. .f
Pay Trespassing -Fines.
OREGON CITY. Oct. 27. (Special.)
Louis and Henry Platts, of Portland, who
were arrested yesterday by Sheriff Shaver
on a charge of trespassing and hunting
on the premises of Captain J. T. Apper
sorf, of Parkplace, came up from Port
land this afternoon, and were arraigned
before Justice Stipp. They were fined
$7 50 each, which they paid.
Takes Accused Woman to Helena.
SEATTLE, Oct. 27. Chief of Police
Travis, of Helena, left for that place to
night with Inez Perry, a colored woman
accused of steallng$500 In a saloon there.
The woman made a fight against extradi
tion, securing her release twice on hab
eas corpus proceedings, but was at once
rearrested on both occasions.
NORTHWEST DEAD.
Mrs. Elsie Ynntls-Roberts.
SALEM, Or.., Oct. 27. (Special.) Mrs.
Elsie Yantis-Roberts. wife of J. J. Rob
erts, of this city, died this morning of
blood poisoning. Deceased was a daughter
of Mrs. Sarah E: Yantls, and a very pop
ular and hfghly esteemed young lady.
About two years ago she war married to
Mr. Roberts, a well-known hopbuyer, in
this city. She left no children, her In
fant child having died last Saturday. Mrs.
Hair Vicfor
Makes the hair grow'
because it is a1 hair-food.
It feeds the hair and the
hair grows, that's all there
is to it. It stops falling
of the hair, vtoo, and re
stores color to. gray hair.
8LC0. Alldfui:lsl3. J.C.AYERCO-LoiraH.Majs.
Roberts was a native of Baker City, andi
was 20 years old. The' funeral will be
conducted at 2 o'clock tomorrow after
noon, from the residence of "Mrs. Sarah E.
Yantls.
William H. Bre-jvHter, of Vancouver.
VANCOUVER, Wash., Oct. 27. William"
H:. Brewsfer, County Auditor, died to
night of inflammation of jthe stomach. He
had, been identified with Ihe affairs of the
county and of this city for 20 years. He
served as Mayor and mem'ber of the City
Council for several terms, arid was a can
didate for re-election as County Auditor.
He left "a. widow and two sons.
Miss Ruckman, of La Grande.
LA GRANDE, Or., Oct. 27. Miss Hattie
Ruckman, daughter of George W. Ruck
man, died Saturday evening ot typhoid
fever. She came to La Grande to attend
school, but was taken ill some three weeks
ago.
" ENGLAND AND '04 FAIR.
Balfour Is Expected to Bring the
Matter Up Soon.
. NEW YORK. Oct" 27. It i3 expected
that Premier Balfour shortly will make a
statement In the House of Commons,
says a London dispatch to the". Tribune,
with reference to the participation of the
British Government In the St. Louis ex
hibition, since a 'special grant will have
to be made, while a strong commission
wjll have to be appointed, as in the case
of the Paris exhibition. In addition to
the official co-opcratlon, leading Industrial
concerns of this country will be asked to
exhibit, and there Is no doubt that the
fcquest will be pressed with all the
energy possible.
i
ROYALTY AWAITS INVITATION.
Prince and Princess of Wales Will
Not Otherwise Visit '04 Fair.
LONDON, Oct. 27. The report cabled
from the United States that the Prince
and Princess of Wales probably would
visit the St. Louis Exposition in 1904, oc
cupied a prominent place In all the after
noon newspapers. Surprise was expressed
In official circles at the question being
publicly discussed at all. ,
At York House, the residence of the
Prince and Princess of Wales, a represen
tative of the Associated Press was in
formed that nothing was officially known
on the subject From inquiries In other
quarters, however, the Associated Press
learned that while no official invitation
had been extended, the matter had been
unofficially presented to -the King, who
returned a polite non-dbmmittal reply. It
is pointed out that the question of accept
ance or declination must, of course, wait
upon the transmittal of an qfficlal invita
tion from the United States Government.
NOTED CYCLIST KILLED.
Elvrell Meefs Death While Speeding
Along at a Fast Clip.
NEW YORK. Oct. 27. Frank E. Elwell,
of Brooklyn, an international authority
on motor cycling, and a frequent conr
tributor to the magazines devoted to this
sport, has been killed near HIcksvllle,
L. I., while practicing in a club run. The
head stem of his machine broke as he
was speeding along at a fast clip, and he
was hurled to the ground with such force
that his neck was broken. Elwell had
traveled through Europe, Asia and North
ern Africa on the machine that caused
hi3 death. ' ,
There were 75 cyclists in the party. El
well was the last man In the string. As
the party neared HIcksvllle. he put on.
full power in order to catch up with
the others, and while crossing the rail
road tracks his machine suddenly fell
apart When a physician reached him, he
was dead.
Diamonds Stolen From Vault.
CHICAGO, Oct 27. Diamonds valued
at $700 have been stolen from the vaults
of the jewelry firm of Wecher Wein
man. There is no clew to the robbers.
The store is located in the Masonic Tem
ple, where a watchman was on duty all
night, but he claims to have no trace oi
the robbers. The robbery was discovered
late lastx night by a member of the firm
who visited the store by chance.
Is an hereditary disease, and one for
ffhich. a tainted ancestry or blood poison
ed parentage is responsible. It is trans
mitted through, the blood and shows
itself in swelfing and ulceration of the
glands of the neckTcatarrh of the head,
weak eyes, sores, abscesses and skin erup
tions, "with a gradual wasting away of
strength and vitality. It also attacks the
bones and jointsresulting.in white swel
ling, hip disease and deformities of every
kind. We -see the effects of this awful
blood taint every day, but it exists in so
many forms that often it passes for some
thing else and is treated as anotherdisease.
Scrofula robs the blood of its nutritive
qualities, and it becomes too poor to pro
duce healthy growth oii-t
and development, and THE GIFT
thin, emaciated bodies
and jpallid, waxy com- Ur A
plexionsare the result. TAIMTCr
Only a constitutional Hill I tu
remedy one that works ANCESTRY,
through the blood, can
reach a disease that has been transmitted
through generations or been lurking in
the blood since birth.
S. S. S. cleanses the blood of all scrofu
lous matter and tubercular deposits, and
when rich, pure, health-sustaining blood
is again flowing in the veins there is a
gradual disappearance of all the danger
ous symptoms of Scrofula; strength
returns, and a complete cure is effected.
S. S. S contains no strong minerals to
further break down and derange the sys
tem, but can be taken by the very old, as
wen as tne miauie
aged and young, with
out any harmfulaf ter
effects, or the least
injury to the most
delicate constitution.
If you have any signs of Scrofula, or
your children are stunted or slow of
growth, pale and sickly, write us, and our
physicians will advise you free of charge.
The Swift Specific Co., Atlanta, Ga.
HELENA. Mont., Oct. 4. 1002.
Dr. C. A. Perrln, Helena,
Mont.:
I wlfh to thank you for my
relief. , 1 was sufferlnz ajronles 1
from piles and 'was taking mor
phine to relievo me. when, on
the advice of a friend. I pro
cured a bottle of your Perrln
Pile SDeclflc and took a table
epoonful at nleht and another
In the morning. At half-past
twelve noon my wife jsave me
another tablespoonful, when my
pain all stopped. In two days I
was abJe to attend my regular
business ntlrely relieved. It
was elmply womJerful.
Truly your?.
JULIUS MEYHOEFER.
Furrier. Helena.
SCROFULA
Bright's Disease
and
Kidney Trouble
Of Lor5 Standing Cured by Warner's !a!e
Cure Many Caics Investigated
by the Editor and FouiuMo
B: Completely Cured.
A TRIAL BOTTLE OF WARNER'S
SAFE CURE, THE GREATEST KIDNEY
MEDICINE KNOWN TO SCIENCE,
WILL BE SENT. ABSOLUTELY FREE,
POSTPAID. TO ANY READER Or
(ii PAPER.
An investigation by the editor of thl3
paper of the many miraculous cures made
by Warner's Safe Cure has so impressed
us with the curative powers of thl3 great
medicine that we publish two of these
letters for the benefit of our readers. Mr.
J. Williams, of 7S Columbia street. Detroit
MichI, ex-Brigadier General. Order of
Sons of St. George, says: "For years I
suffered from kidney and bladder troubles
and tried many doctors, but none of them
seemed to help. Finally my doctor had
me try Warner's Safe Cure, which helped
me from the first dose, and after I had
taken three bottles. I was completely
cured. My general health is better and I
have not had the slightest attack of kid
ney or blauder trouble since. If any one
has weak or unhealthy kidneys. I heartily
recommend Warner's Safe Cure." 1
Mrs. Lucy Baxter, of Newport News,
Va., who Is 62 years old, says: "About
twenty years ago I was given up by doc
tors, who said I was so far gone "with
Bright's disuse that I could-not recover.
Dropsy was well developed. Dr. Martin,
ot Syracuse. N. Y.. prescribed Warner's
Safe Cure in connection with Safe Piils.
After taking three bottles I was able to
resume work, and by degrees cured. I
have to thank Warner's Safe Cure for
being 'alive today."
If you have pains in your back or side,
pain wii.le passing urine, difficulty in pass
ink it, dizziness, nausea, torpid liver, your
kidneys are diseased.
MAKE THIS TEST AND FIND OUT.
Put some urine in a glass or bottle. After
it has stood 24 hours, if it Is a reddish or
brown color. If particles float about in it
or if it is cloudy, you can rest assured
your kidney? are diseased and unable to
do their work, and if not attended" to im
mediately Brieht's disease. diabetes.
rheumatism, gout, uric acid, inflammation'
of tho bladder, gallstones or urinary,,
troubles will develop and prov fatal in
a short time.
Warner's Safe Cure is the only absolute
cure for all these forms of kidney, liver
and bladder troubles. It has brought tho
blesaiug of health to thousands upon thou-
ands of suffering men and women.
Warner's Safe Cure is purely vegetable:
free from narcotics and other harmful
drugs, found in many so-called kidney
cures. It is pleasant to take and free from
sediment. (Beware of so-called kidney
remedies which are full of sediment and
of bad odor: they are harmful.) It does
not constipate. Warner's Safe Cure can
be, purchased at any drug store or direct
in two sizes 50c and $1.00 a bottle. Be
sure you get "Warner's."
NWnrncr's Safe Pills move the bowels
gently and aid a speedy cure.
Refuse Substitutes they are danger
ous. Ask for Warner's; it will cure you.
If there are symptoms in your case you
do not understand, send a sample of urine
to the medical department and the doc
tors will analyze it and send you report
and advice free.
TRJAL BOTTLE FREE.
To convince every sufferer from diseases
of the kidneys, ..ver. bladder and blood
that Warner's Safe Cure will cure them,
a trial bottle will be sent absolutely free,
postpaid. Also a valuable medical book
let, which tells all about the diseases of
the kidneys, ilver and bladder, with a pre
scription for each disease, and many of
the thousands of testimonials received
daily lrom grat?ul patients who have been
cured by Warner's Safe Cure. All you
have to do Is to write Warner's Safe Cure
Company. Rochester. N. Y.. and mention
having read this liberal offer in this paper.
The genuineness of this offer is f ufiy guar
anteed. SHOE FOR WOMEN
Patent Kid Vici Kid Storm Calf
Goddard-Kelly
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SIXTH AND WASHINGTON STS
C GEE WO, The Great ChlneseDocior
Is called great be
cause his wonderful
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the United States,
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tables, that are en
tirely unknown to
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, tVtoco harm iu mm.
toThlTlaSSui dtor knowa the ac
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he has successfully used in different dis
eases He guarantees to cure catarrh,
asthma, lung troubles, rheumatism, ner
vousness, stomach, liver, kidneys, lemaJt
trouble and all private diseases. Hun
dreds -of testimonials. Charges moderate.
Call and see him. CONSULTATION
FREE. Vatlents out of the city write for
blank and circular. Inclose stamp. Ad
dress THE C. GEE "WO CHINESE MED
ICINE CO.. 132 Third street. Portland,
Or. Mention this paper.
Scott's SaniaS-Pepsin Capsules
POS3T0VE CUBE
Forjnflamaatloa or Catarrh
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Bold by druggists. Prlca
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tl.00,Sboresi?2.75f .
TKS SAJiTAl-PFPSiW !:i..
"&t DELLEFONTAINE. OHIO.
'LAUE-DAVIS UUUG CO.. Portlam!. Or.
Rlpans Tabulcs, doctors And. a good prescrip
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$3.00