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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 18, 1903)
THE HORNING GREGORIAN, FRIDAY, SEPTEMBER 18, 1503. HE HAD REFORMED Davis Begged Forgiveness for His Misdeeds. WEPT WHEN HE WAS FORSAKEN Young Dentist Closes His Evidence Against Ills Mother-in-law, Deny ing That He Had. Affairs "With Other Women. In the action for damages of John H. Davis against his mother-in-law, Hannah Nlcolal, Judge George this morning will decide a motion for a nonsuit made in behalf of the defendant. The motion "as argued during yesterday afternoon by O- F. Paxton and J. V. Beach, attorneys for the defense, and by Charles F. Lord and John R. Caples, counsel for Davis. The attorneys for Davis closed their case shortly before noon, and the motion for a nonsuit was based on the ground that the evidence submitted would not justify any verdict against Mrs. Xicolal. When court convened In the morning, John Davis resumed the witness stand to submit to further cross-examination by Mr. Paxton. In answer to questions, he said he learned tp play faro eight or nine years ago, and he was interrogated concerning his drinking habit He acknowledged that he drank some, smoked and had played poker. Regarding some of his personal associates he stated that he had been mostly on chumming terms for the past two years with his attorney, Charles F. Lord, and a well-known local physician. Mr. Paxton remarked that this was a pretty hard crowd. Mr. Lord agreed, but retorted that this was not so hard a crowd as some other people ran with. Davis was interrogarted about his re lations with a married woman on Port land Heights March 2, 1900, and if he did not secure the services of Luther Baker and have him linger around his office In the Hamilton building to protect him from the woman's husband. Davis emphatic ally denied all of this. Questions were put to him about an JUlce Brown, of Sumpter, and his fre quenting the White House of that city. He answered that he did not know Alice Brown, and denied having frequented the White House. He admitted owing several bills that were shown him. Two letters were introduoed, written by him to his wife while she was in Cali fornia. In the last one he Informed Mrs. Davis that he was living a "straight life," and had quit whisky entirely. That was the cause of their trouble. He loved her; she knew It. He was very lonesome without her oh, so lonesome. He had given up sporting and was willing to go down on his knees to Mrs. Nicolai and beg her forgiveness. It was also sought to show that he had told Boy Nlcolal that he was willing to beg the forgive ness of his mother-in-law for bringing this suit against her. Dr. L. M. Davis was recalled and testi fied regarding the high state of nervous excitement his son was In after his wife left him. When he learned she had gone to California, he cried and sobbed as If his heart would break. The doctor said he had to administer opiates to his son for a month or six weeks. Dr. Davis became very angry at being interrupted by Mr. Paxton when about to state something Johnny had told him, and facing the attorney, said: "Mr. Paxton, let me alone; don't point your1 finger at me." Judge George restored order. Dr. Davis further testified that his wife made pres ents of shirtwaists, skirts and other ar ticles to Lucy Davis, which she wore, and said "Johnny" once paid a dressmaker's bill amounting to ?100. Mr. Lord in his argument against the granting of a nonsuit contended that there was abundant evidence showing that Mrs. Nicolai persuaded her daughter to abandon her husband and go to California with her, and that she told Mrs. Davis there were plenty of men who would pro-r vide for her much better than Davis did, and she could easily get married again after she obtained a divorce. the cylinder head was manufactured at the Willamette Iron Works and the com pany's officials were aware it was hollow and liable to contain water after, it had been used, and consequently liable to burst when subjected to much heat The defense is that James Duffy and the boss under whom he was working were negligent and that the accident was caused by their negligence and careless ness. Governor George E. Chamberlain and John F. Logan appear as attorneys for the plaintiff, and Joseph Simon and Wilbur & Hogue for the defendants. x6rmax saylor. acquitted. Tonng Man Charged With Wrecking O. It. & X Train "Goes Free. A verdict of not guilty was returned by the jury yesterday morning in the case of Norman Saylor, who was tried on a charge of placing a spike on the track of the O. R. & N. Co. near Latour-ell- Falls on June 7 last causing a train wreck. Attorney George W. Joseph, who suc cessfully defended Saylor, took the posi tion throughout the trial that there was nb spike on the track, and that the acci dent was the result of the train going at a fast rate of speed around an eight-degree curve, or some other unknown cause. Saylor, who made a confession soon after his arrest, on the witness-stand in his own behalf, flatly denied that there was any truth In the confession. He said he made it under duress, being 'told by James Kevins, manager of the Plnkerton De tective Agency, that if ho did not tell the truth that he placed the spike on the rail he would be landed in the penitentiary within 24 hours. Saylor also stated that he thought if he confessed, as he was ad vised to, he would be liberated, so he con sented to admit everything he was re quested to. Saylor is a queer looking specimen of humanity, and it said to be simple-minded and easily led. He, how ever, displayed considerable shrewdness in court and was particular in making a complete recital of everything which he said occurred when he was arrested, even to telling all the profane expressions, which he said were used, and kept re peating them after having been cautioned by the Judge to desist OX TRIAL FOR BURGLARY. GosKiuan's Trouble With Former Wife Ends in Crixninnl Charge. Robert Gossman, who some time ago created considerable trouble for his former wife, now Mrs. D. C Burns, was on trial yesterday in the State Circuit Cofart on a charge of burglary. The crime is said to have been com mitted on July 19 last Gossman was ar rested by Detective L. C. Hartman, who testified that a window leading Into the Burns residence was broken and there were evidences of an attempt to set the place on fire. The officer said he saw a person resembling Gossman near tho house at 4 o'clock in the morning. Gossman in his own behalf testified that he was at borne on his farm on the East Side at that hour. A number of witnesses were called on both sides, and tho case will be submitted to the jury this morning, tiossman has been confined in the county jail for two months. He was first ar rested on a charge of . threatening to kill Mrs. Burns. - IS 1003 LEVY VALID? Courts Will Be Asked to Straighten Oat Tax Tangle. Suit to have determined by the courts If a valid levy of taxes for the year 1903 can be made in January next will be filed soon in the State Circuit Court and be carried as quickly as possible to the Su preme Court for a final decision. The point at issue is that the tax law passed at xne last session of the Legislature goes into effect on January 1, 1904, and the new act provides that the tax levy shall not be made until September. This, the legis lators meant to apply to the tax for the year 1904, but it is held by many attorneys that the new statute as It reads will also prevent any levy for the year 1S03, the assessment for which Is now almost com pleted, until September. 1904. This would deprive the entire state of all tax revenue during the period from January. 1904, until September following. Governor Chamberlain has stated that he will not call a special session of the Legislature to amend the law, believing the courts can straighten things put but If this cannot be done, he would probably convene the Legislature in extra session. The suit will be filed by Attorneys Will lams, Wood & Linthlcum. ECLIPSED IX FIRST QUARTER. Mrs. Boiven's Honeymoon Ends in Divorce Salt Thus Early. Suit for a divorce was commenced In the State Circuit Court yesterday by Lot tie Bowen against Harry Bowen. The de fendant Is charged with infidelity and cruel treatment and Mrs. Bowen also asks the court to decree that her husband shall return to her $1000, which she turned over to him to keep for her at the time of their marriage" In this city, only a week ago. She alleges that Bowen, unmindful ef the vows taken at the altar to love and protect her, on Wednesday evening. In the carnival grounds of the Multnomah Athletic Club, openly assaulted and beat her. Mrs. Bowen further states that her husband conducts a lodging house at the corner of Third and Taylor streets, from which he derives an Income of $125 a month, and she asks that he be made to pay the expenses of the suit and be not permitted to appropriate her money to his own use, which he threatens to do. GOVERNMENT SUES FOR DUTY. Cocoa BuXterlnc Subject to Tariff Like Other Like Products. . Suit has been Instituted by Edwin Mays, assistant United States District At torney, against the Oriental American rvimnanv. a Portland corobration. to re cover ?1641.92 claimed by the Government as duty on 46.912 pounds of cocoa-buttcr-ine, which the Oriental American Compa ny Is charged with having Imported un der the name of cocoanut oil. There Is no duty on the oil, and the goods came through the Custom-House without charge, but since cocoa-buterine Is a product which competes with dairy and oleomargarine goods it is subject to tar iff. The case will probably be heard In October. TWO MORE BRIDGE SUITS. Victims of Accident File Claims Against the County. Two damage suits, growing out of the Morrison-street bridge accident last July, were filed against Multnomah County In the State Circuit Court yesterday by O'Day & Tarpley. The-amount asked in each case Is $2000 One of the plaintiffs Is Jessie M. Ray mond, who says that she was precipitated from the bridge and sustained bruises to her back and side, broken ribs and in ternal injuries. The other plaintiff. Mary A. Rowley, complains of having suffered like bruises, broken ribs and bones and internal in juries. Business in Probate Court T-fmrn "R "Rlnfik wna vesterdav in the County Court appointed administratrix of the estate or ner nusDana, oosepn Black, deceased, consisting of insurance amounting to $3000. Mrs. Black and two children are the heirs. Tho trill of Thomas S. Scott deceased. tens admitted to nrobate in the County rMT. vnctnrAnv- Th nronertv. valued at $7500, Is bequeathe'd to Clark O. Scott a brother, and Mary A. Plamondon, a sis ter, in equal parts, except that there Is a beauest of $100 to Ralph L. Scott, a nephew. Sherman Rnncher a Bankrupt. A petition in bankruptcy was filed in th United States District court yester day by Charles J. Dlckman and Carrie M. Dlckman, his wife. Tne uicicmans are prominent ranchers in the vicinity of Mnnkland. Sherman County, and their ap pearance as bankrupts has created much surprise. Their namuues amount to $S374.30, and according to their prayer their total assets consist of personal property, valued at $600. G. P. Xnnn's Estate Wound Up. Walter J. Halght and Wilson B. Smith have filed their final account as executors of the will of Green P. Nunn, deceased, The account shows cash collections of $7763.70. There were no debts, except the funeral .expenses and expenses of settling tho estate. The money on hand, together with some land in Missouri, goes to the decedent's daughters, Zuda A. Smith, of Condon, Or., and Jennie M. Halght, of Portland. BECAUSE IT WAS HOLLOW. Duffy's Son Sues Makers of 'Cylinder Head Which Killed Him. The trial of the suit of M. L. Duffy, ad ministrator of tho estate of his son, James Duffy, deceased, against the Will amette Iron & Steel Works, for $5030 dam ages, was commenced yesterday before -Judge Frazcr and a jury. James Duffy was employed at tho works and was acci dentally killed on September 22, 1902, by the explosion of a cylinder head, which had . been sent to the place to be shrunk. The 'cylinder head was hollow and water in It caused an explosion to occur when it was heated. The contention of the plaintiff Is that - Tax Claim Is a Cloud. "T? n TVIwnrr!i has filed suit airalnst Multnomah County to quiet title to block T., Caruther s Addition. Tne county noms a tax claim against the property. Meier (2b Frank Company Meier 8b Frank Company Meier Sb Frank Company Cloak Store No amount of work or expense has been saved to make this Garment Store wnat It is. The success of yes terday is the starting point for today and not anywhere can be found a more complete, a better variety or a more satisfactory supply of Ladies' and Children's Ready-to-Wear Ap parel. We have . done the best we ever did this Fall and the great response is sufficient proof of the leadership of our cloak store. Mountains of gar ments for every purpose, for every event. Prices range up to $300. No $300 garments here the sky seems to be the price-limit of some stores when it comes to advertising figures. Popular-Priced ILLINER.Y Thislineof popular priced Hats will impress you as being very expensive u'ntil. you learn the prices. We've the largest, the best assort ment of stylish headvear at $2.50, $3.98 and $4.98 to be found in the city reproduc tionsof manyof the imported models from many of the Parisian makers. Beautiful creations in velvet, felt and beaver, trimmed in the very latest fashions becoming styles, every one of them. Misses' and Children's School Hats ncv styles at popular p.rices, in immense variety. Is Your Boy eady fr School BUNCOED OUT OF 2.50. Policeman Slover Done hy Fake Deaf and Dumb Man. Tender-hearted Policeman Slover, who is on duty at the Terminal Depot, and two or three of his friends down there are just out $2.50 as the result of their philanthropy toward a "fake" deaf and dump man, last night. The stranger was poorly dressed, and was apparenUy about 35 years old. He was observed wandering about the depot, in an aimless manner, and ultimately he went up to Slover and wrote on a tablet he carried: "I am deaf and dumb. I want to get to Salem. Will you assist me?" Slover might have arrested the man as a vagrant, but the man's seemingly unfor tunate condition appealed to his sympathy, and ho and friends made up $2.50 and bought the stranger a railroad ticket to Salem. The trick might never have been discovered in time, had a bridge attendant not strolled Into the depot before the Sa lem train left. " 'There's a sad case of destitution for you " said a railroad man to the bridge employe. "See that man over there? Well, he's deaf and dumb, and Slover here and several othere fellows dug up $2.50 for his ticket to Salem." The bridge employe whistled with aston ishment. "Why," said he, "that 'fellow came over the bridge about an hour ago cussing because peoplo would not give him money. He's a faker." The man going to Salem looked up and upon being closely questioned he again pretended to be deaf and dumb. "S. P. for Salem, Albany " warbled out the train announcer. That was "enough. The man who had tho ticket to Salem Boys' School Clothing must be bought today or tomor rowno better place to buy them than here. We can please the boy in style and the parents in price. These bargains should bring you here bright and early today. Boys' all-wool, 2-piece School Suits, extra good quality and well made, serviceable mix tures, browns and grays, ages 7 to 15 yrs, no regular $4 value.. PJ 500 pairs of Boys' all-wool Knee Pants, made with exten sion waist band, in gray and brown plaids, checks and mixtures, 4 to 16 years, regular 75c values 'i Boys' all-wool Overcoats, in dark oxfords, oe latest Fall styles, 8 to 15 years .pOOJ Young Men's Suits best styles lowest prices. 75c Waist Flannels 37c Yard Astonishing value in Waist Flannel. Hundreds will have new Fall waists at little cost, the result of this tempting offer. New Granite Flannel Waistings in a big assortment of styles all the leading shades, cream, cardinal, navy, black, turquoise, old rose, pink, olive and so on. Every yard 75c value. This lot today and tomorrow 37c Yard "Peninsular" Stoves, Ranges and Wood Heaters 50 models every good style and size "Willamette" Sewing Machines, at $25 and $26.50, are the equal of any $50 machine on the market Our Prices Remain Unmatched We not only keep in mind the doings here of today but what more can be done for tomorrow and the day after t The forehanded have always the advantage. We buy ahead of others search the market centers for each season's novelties ahead of others gain buying advantages ahead of others. That's why our prices remain always unmatched. Today's bargain budget is an exceptionally good one and you'll find everything just as advertised. . $1.75 Curtains $1.10 pair 50(K pairs of ruffled net cur tains, 3 yards long, 45 inches wide; 7-inch ruffle, lace edge and insertion. Our regular $1.75 values, today only at $1.10 per pair. $1 Flannelette Gowns 65c Ladies' $1.00 flannelette night gowns, our entire line in a superb assortment of styles and colorings; all sizes. To day only, 65c. $1.50 Union Suits, 95c Our famous "Stratford" union suits for women; "Oneita" style, handsomely made and trimmed. All the $1.50 values today only, 95c. Nurses' $2.50 Shoes $1.89 The famous "Grover" hospital shoes for women, flexible soles, elastic sides; also Nor man & Bennet's elk sole Ox fords for nurses; $2.75 values choose today at $1.89. 35c Hdkfs. at 18c each Not 25c and 35c values, but all the finest 35c Thistle lawn, i and -J-inch hems. We sell thousands ar 35c each. To day the greatest handkerchief value ever offered at 18c each. ' 25c Soap Boxes 14c Handsome celluloid soap box es in different colors. All the regular 25c styles are marked down to 14c each for today only. $1.00 Golf Shirts 49c " 50 dozen men's golf shirts, the regular $1.00 styles, in superb patterns and colors; very best styles, all sizes; $1.00 kind 49c. 10c Kid Curlers 6c We don't sell the "cheap" kind. Today we offer you the best 10c kid curlers, 12 in a package, at the low price of 6c per package. Soap at 1 c a Cake 5000 cakes of olive oil and witch hazel soap. Buy all you want today at the low price of lc per cake. Hooks and Eyes 1c card Patent hump hooks and eyes, black and white, sizes 1, 2, 3. Buy all you want today at lc a card. 25c Lunch Boxes 15c The best 25c patented Lunch Boxes for 15c today. A style that will give satisfaction. Third Floor Great School Sale Tomorrow all lines of Wear ing Apparel for boys and girls at special low prices Our school sale saves money. Today the ?26tti Friday Surprise Sale $ 1 Velvet Waistings 59c You can't resist the unequaled value in handsome Velvet Waistings for this 726th Friday Surprise Sale 3000 yards in the lot; all new, desirable styles in dots, figures, metallics and chenille dotted effects; immense assortment to choose from; a most seasonable offering of stylish waist or dress material; very few yards of 75c grade, the great majority being regular $1.00 value. Come early if possible we don't expect the best patterns to C fl jba last through the day your choice at, yard . See Fifth-Street Window Display Blanket Sale The great September Sale of Blan kets and Comforters continues to interest hundreds of economical housewives. No better time of year for supplying heavy bed covering. 300 pairs of 10-4 White Wool Blankets, blue, pink and yellow borders, reg ular $5.00 value, for this September sale,pair . . . 100 pairs of 11-4 White Wool Blankets, Tine quality, colored borders, silk bound, regular $6.00 value, excep tional bargain For this sale, pair 50 pairs of the finest 11-4 White All-Wool Blankets, colored borders, silk bound, regular $7.50 value, tor this sale only at the low fi yf price of, pair pJ& White Cotton-Filled Comforters, silk oline covered, good patterns, special big value for this sale at d l 9 the low price of v Lanated Cotton-Filled Comforters, silkoline covered, very best patterns and colorings,$1.85 value, tf c for this sale V $2.50 Silkoline-Covered, Lanated, Cotton-Filled- Comforters for the great September Sale at i the low price of 1 1 Knit For women and children at special low prices this week Winter-weight garments at a saving of about one-third best styles all sizes. Ribbon Sale Enormous Ribbon business all day yesterday from 8 o'clock until closing time the department was lined with eager buyers. Two sur passing values, and quantity enough to supply everyone up to 9:30 to morrow night. Thousands of yards" of the finest quality all-silk Liberty Satin Rib bon 4i inches wide, in all the leading shades, cream, rose, white, mais, black, yellow, navy, light blue, pink; the most desirable offering of ribbons made f this season, yard Fine all-silk Ottoman Ribbons, in black, white, tan, jasper, red, pink and other good shades, 5 inches wide. Great bargain at green, 22c New Neckwear Take a peep at this Neckwear showing for women next time you are in the store. A bewildering array of styles from the best-known makers in the land. Silk, cotton, chiffon novelties by the hun dredsevery pretty shade, every new combination. The most extensive show ing we ever made, and remember we are sole agents for "Keiser" Mexican hawd-drawn Turnovers, Sets and Novelties, Kei ser" Belts in new variety. New Marabout Feather Boas in light shades. New Ostrich Feather Boas all lengths. Meier & Frank Company jj Meier &. Frank Company Meier & Frank Comp'any Meier & Frank Company Meier & Frank Company. suddenly looked up with lively interest and lied toward the'traln. Let him so," said Slover, "the money won't do him any good, and Portland is well rid of him." Floods Sweep Mississippi Valley. LA CROSSE, Wis., Sept. 17. Hundreds of families in the district adjacent to La Crosse are fleeing with what valuables they -can grasp to the hills which skirt the Mississippi to escape -the floods which are sweeping the Mississippi Valley. It Is feared that the tinanclal loss will be sev eral hundred thousand dollars. Continues .Canada's Stntcmcnt. LONDON, Sept. 17. At today's session o the Alaskan Boundary Commission Attorney-General Finlay continued In behalf of Canada, the discussion of the proper location of the Portland Channel. The Attorney-General's argument will not be completed before September 21. David T. Watson, of Pittsburg, will open for the American side September 22. r aiore Postal Fraud Indictments. WASHINGTON, Sept. 17. The Federal grand jury today returned three Indict ments in the postal cases, involving two people, one of them being a joint Indict ment The names of the indicted'persons wpre not made public. Auto Leaves Dentil Behind. ST. JOHNBBURY, V.t., Sept.' 17. An automobile speeding at the rate of 50 miles an hour at the fair grounds today dashed over a 15-foot embankment, caus ing the .death of Herbert Lampere. John Mullen, who was operating the machine, was severely injured and another man named Garrlck was hurt. Assets of Tnllot Taylor & Co. NEW YORK, Sept. 17. The schedules of Talbot J. Taylor Sz. Co., bankers and brok ers, who assigned on July 24, were tiled today. They show liabilities of 5S.713.476; nominal assets of $21,010,762, actual assets $7,140,005. Folsnin Escape Captured in Texas. FOLSOM, Cul., Sept. 17. A telegram Just received by Warden Wilkinson from W. R. Mathls, an, officer In Jacksonville, Tex conveying the information that he has in custody convict 474S, Richard M. Gordon, one of the men who escaped In the jail de livery on July 27, and asking the amount of me reward. There can be no question but that the Texas officer has the right man, but now he was captured Is a mys tery.' as there are no particulars at hand. Fall Into Vat of Boiling: Water. ST. - LOUIS. Sept. 17. Moses Hart, Lois'i Brooks and Charles Ronk, employes of the Swift Packing Company in East I St. Louis, were fatally scalded today by falling Into a vat of boiling water. Railroad's Demands Up to Hill. ST. PAUL, Sept. 17. The difference be tween .the Great Northern and its engi neers and firemen over a new wage scale will probably be settled by the president,! j. j. niu. xne aemanus oi me men are now clearly outlined, and all that re mains is for President Hill to sail whether they will be granted cr rejected. Mineirorkerx' Meeting Advanced. FLORENCE Colo., Sept. 17. The DIsJ trlct Convention of the united Mlnework ers of America of Colorado, Utah, Wyom inrr rtntl New Mexico, was todav sidvjineiwl one month and will meet In Pueblo Sep- temoer m. BORQUIST & REFFLING'S Importation of exclusive Winter woolens all received, 231 Washington street (