THE MOKNJDSTG OREGONIAN, TUESDAY, NOVEMBER 8, 1904. DETAINS HIS GRIP Sheriff Remains in Possession of Poolroom. GIVES AN INDEMNITY BOND Juttic Scton Sustains Contention of Proprietor That Word Has No Right to Keep Premises, but Case Is Appealed. "Gambling Is simply a form of highway robbery and has no "standing whatever in the eyes of the law, and the place or house In which It is. carried on has no more rights than a robbers' nest. If ihls nian will promise that he will not again resume gambling In his place of business then we will not further hold the premises, but until he shall do this, the Sheriff of this county s supreme." This was the language of Attorney Henry McGinn yesterday morning in Jus tice Seton's Court, in the case of 1L C. Nease to recover possession of his prem ises, recently raided by Sheriff "Word and still held by him, in reply to the con tention of "Attorney E. B, Watson that the allegations of the separate answers to the plaintiff's complaint had no foun dation in fact or in law. The complaint simply sets forth that Nease Is unlawfully prevented by Sheriff Word from enjoying the possession of his premises, In which he had been conduct ing a saloon prior to November, 1904. It Is set forth In the answer filed yester day that the Sheriff of Multnomah County fes in duty bound to proceed against gamb llngf that Nease conducted a gambling house; that he invited and defied the Sheriff to arrest him; tl)at he conducted a gambling-house on November 1, which was known to the Sheriff and to others, and that he threatens to again, restore gambling In this house when he regains possession. The answer proceeds to say that the Sheriff retains possession of the premises lor no other purpose than to .prevent Nease again conducting a gambling-house under the gui of a saloon; that the defendant, as Sheriff of Mult nomah County, never has had any Inten tion of holding the gambling-house any longer than until sruch time as assurances are given that the plajntlff will not vio late the laws of the state In setting up and keeping a gambling-house, and. that when plaintiff will give this assurance his property will be restored to him. Attorney E. B. Watson, for the plaintiff, submitted a demurrer to the allegation's. saying that "there was no fact nor law that would justify an officer la holding the premises of a citizen on the ground that a crime might be committed there. Justice Seton sustained the demurrer, and the case went to trial on the denials In the answer to the complaint Nease testified that he was in possession of his premises on Fourth street, con ducting a saloon, November 1, when sev eral Deputy Sheriffs placed him and oth ers under arrest and took possession of toe promises; and that, althbugh ho had demanded : possession of the house since, he had been refused admission. Cross-examined by Attorney McGinn. Nease said he had a license from the City of Portland, under, the recently passed ordinance, to run a commission poolhouse. "Now," said Mr. McGinn, "is it your intention to again conduct a commission poolhouse If you regain possession of the premises?" ; Attorney Gearln objected to the ques tion and Justice Seton sustained the ob jection. "Will you promise here In the court that you will hot run a commission pool house If you are given possession of the premises?" again Interrogated Attorney McGinn. The question was again objected by At torney Gearln and the objection was -sustained. "Very well," said Judge McGinn, "we will appeal the case to the Circuit Court." Two bonds were filed, one for twice the value of the property held, for the appeal, and one for twice the amount of the rent, furnished by the "United States Fidelity & Guaranty Company, which stays the execution of the Judgment ob tained by Nease In the Justice Court for restitution of the premises, until the case is settled in the Circuit Court. AT THE THEATERS What the Press Agents Say. CHAMPION JEFFRIES TONIGHT James J. Jeffries to Present "Davy Crockett" at Marquam Grand. Frank Mayo's sterling frontier drama, "Davy, Crockett." in which Champion James J. Jeffries and his own company will appear at the Marquam Grand The ater tonight. Is replete with whole-souled interest which never lags. The back woodsman is a lovable character, strong, simple and surcharged with an admirable manliness that makes' him Irresistibly popular. James J. Jeffries plays the title role in the production. In weaving the story around this character of the back woods. Mayo selected a string of Interest ing Incidents ranging from" the deepest humor to soul-stirring climaxes, inter spersing it throughout with characters that nave made the drama a by-word in every household. After the performance Jeffries will give a physical culture dem onstration with his sparring partner, Jo seph Kennedy, which Is an illustration of scientific boxing in three rounds. Elec tion returns will be read from the stage. Stirring Climax at Columbia. There are few playwrights who could have thought out a more stirring climax to a melodrama than did Belasco when he wrote the stockade scene in The Girl I Left Behind Me." In none of tho favorite war plays Is the strain upon the audience more intense. The hand ful of cavalry and women are surround ed in a small fortress by bloodthirsty Indians. The wires communicating with relief have been cut. . One courier has tried to pass the lines and has been killed. Peace overtures with the Indian chief have failed utterly. The tribes men have lighted their bonfires and are but waiting for daylight to begin the at tack and slaughter. Lieutenant Hawkes worth has gone with the message for re lief. His fate is unknown. He is late in returning. The prisoners have but a lingering hope, when the Indian girl. Fawn, brings Hawkesworth's hat into the stockade with the news of his death. Then all hope is abandoned. The attack begins. The Indians have overcome the defenders. The fortress is falling. The Indian chief has sworn a worse venge ance than death upon the General's daughter, and the loving father has bis pistol pressed to the girl's head, ready to nre when Well, the next moment the auditorium is a bedlam of enthusiastic frenzy. The strata te broken and the curtain is raised and kmred half -score of times,, poly Belasco could so surprise, so astound, his audiences. "The Girl I Left Behind Me" was al ways a favorite, and it was never so well done as by the Columbia Theater stock company this week. Returns at'Cordray's. Mason and Mason, in their big comedy extravaganza success, "Frits and Snltz," have already demonstrated the fact that the public taste Is ripe for a first-class attraction of this sort at common-sense prices. It requires a large company of comedians, vocalists and dancers. By "special arrangement with the West ern Union Telegraph Gpmpany, the man agement has arranged for a special wire to the stage, and an expert telegrapher will be op duty to receive election returns. Which will be announced to the audience during the performance and until morn ing. The theater will be kept open all night and the returns will be received until the election In every state in the Union has been decided. COMING ATTRACTIONS. Advance Sale Today. This morning at 10 o'clock the advance sale of seats will open for the big musical comedy success, "The Tenderfoot," which comes to the Marquam Grand Theater next Thursday, Friday, Saturday nights, November 10, 11, 12, with a. special-price matinee Saturday. The story Is laid in Texas and on the Mexican border and as a consequence affords a new and bril liant idea for opera and delivers into the hands of the scenic artists and cos tumer grand opportunities for novelty and color theme. Altogether, "The Tender foot" may be considered a most welcome musical offering. AT THE VAUDEVILLE THEATERS Star. If ever a vaudeville team deserved the title "great," It Is the toplincr trio at the Star this week, Sylvester, Jones and Prlngle comedians, singers and funmak ers. When here on their last visit they made a tremendous 'hit. and will surely duplicate their success on this occasion. Their first-class work shows how three clever young men gifted with naturally good voices can raise vaudeville singing to a high plane. The baritone sings "You're the Sweetest Flower That Grows in Tennessee," and the basso cantante sings a sea song, his lowest notes reach ing to his boots. His voice Is a telling one. The darky of the trio scored an instantaneous hit with his rollicking "Mississippi Mamie." Paul Le Croix is a good comedy juggler, his hat and cigar tricks being most amusing and enter taining. The Lippincotts, dancers and singers, solve the question of when a girl should marry, and Cameron and Toledo shine in their operatic extravaganza. New pictures are shown by the projecloscope. and Hall, Weston and Coburn amuse with their comedy, "Charge It to Bill." Baker. Miss Ethel Fuller Is appearing In vaude ville on the same stage at the Baker, where a few weeks ago she was leading lady with Melbourne MacDowelL Miss Fuller Is doing the "curse scene" from "Leah," and Is adding to the laurels she has already won In Portland. She was given a hearty welcome by packed houses at every performance of the Baker yes terday and last night. The entire bill this week at the Baker Is an unusually attractive one. The Kll ties trio make a hit-with their Scotch dialect songs and music. Perry and Sims are a couple of clever sketch artl3ts and Eva Batchelder Perkins, the singing car toonist, presents something rather new In the vaudeville line, Adelphla Is clever In, shadowgraphs, and in fact the entire bill Is ono not to be missed. Arcade. Baby Kelly Is really a little child who dances, tells stories and cracks jokes. showing talent that would make many an older person envious. He Is one of the biggest attractions this week at the Ar cade, and his definition of the difference between Uncle Sara, a rooster and an old maid, provoked peals of laughter. His father wears stunning clothes, and the trio also pleases In dancing and In the singing of two songs, "Mandy" and "Barney, Come Home Once More." Have you ever heard a real little girl sing songs lo ner doiu .No? well, you'll have chance to hear tho rarity by watching Irene Kober, novelty artist, who sings with a tuneful voice a charming ditty about a dolly that Is sick because tho sawdust fell out. The girl performer In the Le Clair and West team has a pleas Ing soprano voice, which she uses to good effect in the lullaby song from "Er- mlnle." Her partner makes fun and sings a song, "If X Were a Millionaire," telling tho great things he would accomplish. The bioscope shows a snow scene, and an amusing difficulty with a chimney-sweep. Kate Coyle sings "When the Frost. Is on the Pumpkins, Maggie Dear." The Mor rises, physical culture exponents, complete the bilL Lyric. me .LA'tic as usual has a full pro gramme of musical turns this week with bright, clever songs and a dozen new steps to every dance. The liyric na3 earned its fame as a comedy house and Introduces tuneful songs and catchy music every week. Yesterday afternoon tho bill for the next six days opened with Leon ard and Fulton, high-class vaudeville comedians, witty and funny. Following came Dunn, the mimic, who can Imitate any sound ever heard and put a laugh In It. His Instrumental Imitations make the audience look around to see if the in strument Itself is not hidden somewhere. The Shetland Sisters brought on next the ever-welcome song and dance turn made especially attractive by these little, sou brettes. Hoyt has a new illustrated song In Down at the Baby Store." And like a good show, when the audience had thought It had Its dime's worth, Weston and Beasley, acrobatic artists, song and dance specialists, funny people, added half a dollar s worth themselves. Bijou. There arc no dull moments In the new bill at the Bijou. While tho whole bill is a good one, tho hit of all Is Roberts, Smllax & Co., with their trained bull terriers. Trained bull terriers are a rari ty, but those at the Bijou are smarter than some people and do some unusually clever wings, as weu as some funny ones. The dogs are presented with a comedy and nign-Kiciung act which Is really good. The Baxters, aerial cyclists, do some wonderful things on the -slackwlre with bicycles. Not less clever are the Bern- Beys In a hoop-rolling and sketch-team act. Mattel Maitland Is a good contor tion dancer, and so on through the pro gramme. It Is an entertaining one. The moving-picture machine this week presents the "Train Bobbery," a realistic presentation and one of the best films ex tant. Tigers Win Close Game From Angels. LOS ANGELES, Cal., Nov. 7. Los An gelcs and Tacoma played off a postponed game this afternoon, and the Northerners took it by the score of 2 to X. Score; Los Angeles 10000000 01 6 2 Tacoma. 00000100 12 5 Batteries Jones and Spies; Fitzgerald and Hogan. ' Umpire Perrlne. Torrential Rains in Panama. COLON, Nov. 7. Torrential rains are prevailing here. There has been a fall of over 13 Inches in tho last 29 hours. Vandrbllt? Hers Pari Winner. PARIS. Nov.- 7. W. X. Vaafierbilt's Polyparn won the prlx Porcncutue at the Saint Cloud races today. PRECINCT BOUNDARIES ANDvPOLLING PLACES FOR TODAY'S ELECTION The precinct boundaries and polling places in the City of Portland and the polling places outside the city are as follows. ITRST WARD. ( No. 1 (Includes Swan Island) City boundary to North Twenty-fourth street; Pettygrove street and Cornell road to the "Willamette River: 800 Tbunnan street. No. 2 Twenty-fourth street to the Willamette River; Savier. street to the Willamette River; 391 North Eighteenth street. No. 3 Twenty-fourth street to the Willamette River; Pettygrove to Eavlcr street; 564 Savler street. SECOND WARD. 2io. 4 Pettysrove street and Willamette River to Everett street; Ninth street to Willamette River; 327 Flanders street. No. 3 Irving street to Everett street; Seventeenth street to Ninth' street; 103 North Fourteenth street. No. 6 Pettygrove street to Irving street; Seventeenth street to Ninth street; 160 North Fourteenth street. No. 7 Johnson to Everett street; Cornell road to Seventeenth street; 178 North Twenty-first street. No S Pettygrove to Johnson street; Cornell road to Seventeenth street; 2S5 North Nineteenth street. THIRD WARD. No. S Everett to Couch and Burnslde streets; Park street to Willamette Riverj 60 North Sixth street. No. 10 Couch and Burnslde streets to Oak street; Park street to Willamette River; 333 Ankeny street. ... No. 11 Oak street to' Washington street; Park street to - Willamette River; 307 Stark street. . No. 12 Everett to Washington street: Fourteenth to Park street; 46S Burn slde street. No. 13 Thlsprednct runs from Park street to the city boundary, and Is bounded by Washington and Everett streets, and their extensions Barnes and Cornell roads; 35 North Nineteenth street. FOURTH WARD. No. 14 Washington to Morrison street; Park street to Willamette Ryer: 330 Alder street. . No. 15 Washington to Morrison street; Chapman to Park street; 420 Wash ington street. No. 16 Morrison to Taylor street; Seventh street to Willamette River; 2S0 Yamhill street. No. 17 Morrison to Taylor street; Seventh street to Fourteenth street; 347 Yamhill street. , No, 18 Taylor to Main street; Tenth.street to Willamette River; tent south east corner Fourth and Salmon streets. No. 19 Main to Taylor, Tenth to Fourteenth; and Morrison to Jefferson; Fourteenth to Chapman street; 270 Sixteenth street. No. 20 Chapman street to city boundary: Washington street and Barnes road to Jefferson street and Canyon road; west end Exposition building. No. 21 Main to Jefferson street; Seventh street to Willamette River; tent,, northwest corner Third and Madison streets. No. 22 Main lo Jclerwn street: Fourteenth to Seventh street; 273 Eleventh street. X FIFTH WARD. No. 23 Jefferson street to Market; Fifth street to Willamette River; 224 Columbia street. . . . No. 24 Market to Harrison street; Fifth street to Willamette River; 335 Sec ond street. No. 25 Jefferson to Harrison street; Fifth to Tenth' street; tent, northwest corner Seventh and Main streets. No. 26 Jefferson to Harrison street; Tenth to Fourteenth street; tent, south west corner Eleventh and Columbia streets. No. 27 Fourteenth street to Canyon road; Jefferson street to Harrison. Hall street extension and Jackson street; 318 Jefferson street. No. 2S (triangular) Bounded by Sixth. Harrison and Lincoln streets; 403 Third street. . . No. 28 Harrison street to Patton County road; Sixth street to Banfleld and Pennoyer. east boundary line. Fourteenth and Sixteenth streets; 435 Sixth street. No. 30 East boundary line. Fourteenth and Sixteenth streets to Canyon road; city boundary to Harrison, Hall-street extension and Jackson street; hose house. Chapman, between Elm and Spring streets. No. 31 Lincoln to Caruthers street; Sixth street to Willamette River; 504 Fourth street. SIXTH WARD. No. 32 Caruthers to Mead and Sheridan streets; Slxjh and Fourth streets to tyilamette River; 6S3 First street. No. 33 Meade and Sheridan streets and County Patton road to Woods .street; city boundary to Willamette River; 752 First street. ' No. 34 Woods street to Curry street; city boundary to Willamette; First street, near Glbbs, No. 35 Curry street to Seymour avenue; city boundary to Willamette; 845 Corbet t street. No. 36 Seymour avenue to city boundary; city boundary to Willamette: 145S Macadam street. SEVENTH WARD. No. 37 City boundary and Southern Pacific Railroad to Willamette; city boundary to Holg&te street; Fireman's Hall, Sellwood. No. 38 (Includes Ross Island) Holgate to Division street: Southern Pacific Railroad and East Twenty-first street to Willamette River: 370 Powell street. No. 30 Division street to' Hawthorne avenue; East Eighth to Willamette River; 292 Grand avenue. Xo. 40 Division street to Hawthorne avenue; East Eighth to city boundary; 373 East Eleventh street. No. 41 City boundary to Division street; Southern Pacific Railroad and East Twenty-first street to city boundary; corner Twenty-sixth and Powell streets, EIGHTH WARD. No. 42 Hawthorne avenue to East Stark; East Tenth to Willamette River; 122 Grand avenue. No. 43 Hawthorne avenue to Eas; Stark and Base Line road; East Tenth .to East Thirtieth street; tent, northeast corner East Eighteenth and East Morri son streets. No. 44 .Hawthorne avenue to Base Line road; East Thirtieth to city boun dary: 996 H Belmont street. No. 45 East Stark to East Ankeny; East Twelfth to Willamette River; 71 Union avenue. No. 46 East Ankeny to East GUsan; East Twelfth to Willamette Riverj 3S3 East Burnslde street. No. 47 Base Line Road to East Gllsan and Sandy road; East Twelfth to city boundary: tent, northeast corner East Eighteenth and East Ash streets. NINTH WARD, No. 4S East Gllsan and Sandy road to Halsey street; Sandy road to Wil lamette; 375 Holladay avenue. No. 49 Halsey street to Hancock street; East-Fourteenth street to Willam ette: 341 Williams avenue. No. 50 Hancock street and Willamette River to Fremont street; Goldsmith and AlMna avenue to Willamette River; '528 Mississippi avenue. No. 51 Hancock to Fremont street; Vancouver avenue to Albina avenue and Goldsmith; 154 Russell street. No. 52 Hancock to Fremont street; Vancouver avenue to Union avenue; 253 Russell street. No. 53 Halsey and Hancock streets to Fremont street and County, road; Union avenue and East Fourteenth street to city boundary; 41S Union avenue North. TENTH WARD. No. 54 Fremont street to Kllllngsworth avenue; Vancouver avenue to Wil lamette: hose house, 859 Mississippi avenue. No. 55 Fremont street to Kllllngsworth avenue; Vancouver avenue to Sec tion line (between sections 23 and 24); S51 Williams avenue. No. 56 (Woodlawn) Fremont etreet and Kllllngsworth avenue to city boun dary: Vancouver road and Section line to city boundary; corner Eighth and Dekum avenue. Woodlawn. No. 57 Kllllngsworth avenue and Willamette River to city boundary: Van couver road to center line of seetlons S, 17 and 5; Peninsular Rail. Peninsular Station. No. 5S (Portsmouth) Willamette River to city boundary line: center line sections 8, 17 and 4 to McKenna avenue; Reynolds' store, Portsmouth Station. POLLING PLACES OUTSIDE PORTLAND. No. 69 (St. Johns), schoolbouse. No. 60 (Columbia), schoolhouse. No. 61 (Mount Tabor), W. O. W. Hall, West avenue and Base Line road. No. 62 (South Mount Tabor), schoolbouse. ' ' No. 63 (Woodstock), band hall. No. 64 (Lents). No. 65 (Kllgaver). No. 66 (Montavllla). Oddfellows' HalL - ... .. No. 67 (Russellvllie), Postotfice building. '' -t . - j No. OS (Rockwood), public hall. No. 69 (Falrvlew). public hall. No. 70 (Troutdale). Labor Union HalL No. 71 (Gresham). Regners Hall. No. 72 (Powell's Valley), Hamlin's workshop. No.. 73 (Hurlburt). Hnrlburt's Hall. No. 74 (Bridal Veil), Bridal Veil schoolbouse.. ' No. 75 (Reeders), schoolhouse. No. 76 (Willamette Slough), schoolhouse. No. 77 (Holbrook). schoolhoUsa. No. 78 (Llnnton), HUderflnch Hall. No. 79 (Sylvan). Prince's store. No. 80 (Mount Zlon). Mount Zlon schoolhouse. No. 81 (Bertha), schoolhouse. -No. 82 (Rlverdale). ' No. S3 (West Portland), echoolhouse. FIGHTING GAME MAY OPEN SPORTS HAVE HOPES AUTHOR!. TIES WILL NOT INTERFERE. District Attorney and Sheriff Both Decline, to Discuss the Subject at Present. "Will the prizefighting game be re opened in Portland?'' la the question which local sports are just now discussing. The prevailing opinion is that the good old times, when two "gents" were permitted to pull oft a polite "go" without molesta tion from the authorities, are about to come again. Galk of the revival of prizefighting here was. freely Indulged In yesterday, the un derstanding being that the officers will make this concession to tho sports as a feeler. If the storm of protest Is not too violent, other concessions will probably follow to the end that Portland will again ba made open, and a "live one," in sport ing parlance. Tommy Burns, a well-known Chicago pug, struck town yesterday for the pur pose of Investigating local conditions with a view of arranging a mill here In the near future with Dave Barry, the San Francisco middleweight. He spent the day In conference with Tommy Tra cey and other local lights, and announced last night that he had received assurances that a fight could be negotiated here with out interference from the authorities. Burns Is a middleweight of considerable importance, and is understood to bare plenty of Chicago money back of him. He recently fought a draw with Billy Woods, the colored boy, at San Francisco, and is anxious to get another chance at liim. He declares that he should have had the decision on the former occasion, but was Jobbed out of It because of the heavy bets which the 'Frisco talent had on Woods. If be cannot secure a bout with Barry he will attempt to arrange another meeting with Woods, and In either event he wants to fight In Pdriland. "This la a good fight town, and I be lieve tho time Is rlht to pull off bouts here again," said he last night. "I've been told that the authorities will let Us clone and X shall stay here the rest of the .week to Jrjr and fix it, I'm ia.oor- najjBuayaco wjui oan .erancisco men about meeting one of the California fight ers here, and think I will succeed In ar ranging for a fight here before long. Of course, If I don t receive the proper en couragement here I'll go to the California town. When District Attorney John Manning and bhcrlir word were approached on the subject of a revival of prizefighting in Portland, and the Burns proposition in particularr they both declined to discuss the matter. Mr. Manning pleaded Ignor ance of Fighter Burns presence in the city, but said he had heard that Tommy Tracey was quietly working up a mill of some sort, "They have had no ass lo an ces from mo," said Mr. Manning. "You'd better ask Tom word about It.' The Sheriff displayed considerable tem per when approached on the subject, and declined to talk prizefights or prizefighters for the edification of his constituents. And the sports are still figuring, and hoping and winking the other eye. Races at Aqueduct. NEW YORK. Nov. 7. Aqueduct results: Six furlongs Fleur de Marie won; Ca- clngorm second, Merry Lark third; time, 1:14 2-5. One mile and a sixteenth The - South erner won, OUsten second, Cloverland third; time. 2:15. Tho Woodmore stakes, seven furlongs Gay boy won. Crown Price second, Damon third; time, 1:27. Six and one-half furlongs Ocean Tide won, Thistle Heathy second. Santa Cat allha third; "time, 1:293-5. One mile, selling Thespian won. Price Chlng second, Reliance third; time, l:U 3-5. Five furlbngSr-Fioralla won. Pretty Tel ly second;. Ivucy Young third; time, 1:001 Y. M. C. A. to Play at McMInnvUIe. The Y. X. C. A. football eleven will go to McMinnvllle Saturday to play the col lege there. The T. M. C A. team has so far been hampered by the necessity of playing raw men, bat a full elevek Is now practicing evenings, and win have devel oped team work by the ead of the week. Multnoinah Handball Tournament. Bennett and Harder defeated. Douglas and Haines in the opening xaseee of the handball tournament at' the XuKnotnab Club -last night by score of 31-. Jf-21, 21-19. During the rest of tfce week there are games scheduled for each night lor doubles. A!l next week the siagle will be play4 oC PRINTED PERSUASION is all very well in bringing you into our store but we've something better to show you when you come in. Just solid facts--- when it comes to reasons why BUCK'S HEATERS are best of all. "More heat with less fuel' that's our chief 'claim. Ask us about it. ALL SIZES OF HEATERS IW2 CREDIT IS GOOD You Can Own It Now! This Encyclopaedia Britannica contains more than twice the amount tn n mil u 11 i 111 it 11 lis & 11 lit. 11 11 1 1, 111 1 mi iim.mii 11. 11 n it u a fill . llBMll . 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