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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 23, 1904)
10 THE MORNING 0SEG0NI1N, WEDNESDAY, NOVEMBER 23, 1904 GALLS1TPEHJUBY Judge Frazer Accuses Eugene Blazier. "FLAGRANT CASE," HEMS Jury Returns Verdict of Guilty in Gambling Case. THEN -COURT GIVES HIS VIEWS rie Informs Deputy District Attorney That Manifest Perjury of Defend ant Should Be Called to At tention of Grand Jury. "FEEJUKY," SATS JUDGE FRAZER. Mr. Mosber: I wish to eay to you as Deputy District Attorney that I think the manifest perjury committed by the defendant In this case In the course of bis testimony should be brought to the attention of the grand Jury. I would have preferred to speak of thla to Mr. Manning, as be Is familiar with the evi dence, but since he is not here I will ask you to say this to him: I have never known more flagrant and rank perjury committed or seen clearer evidence of perjury than in this case. Men should not be permitted to come into court and commit such perjury with Impunity. Judge FTaxer. Judge Frazer made the foregoing re marks yesterday immediately after the jury, which heard the evidence in the cose of Eugene Blazier, on a charge of conducting and operating a roulette- game, had returned a verdict of guilty. Blazier made defense that he sold out the gambling implements three years ago to one Heillery, and yesterday the attor neys for the prosecution. District Attor ney Manning and Henry E. McGinn, called three witnesses, T. W. Vreeland, ex-Justice of the Peace; Fred L. Olson, Clerk of the Municipal Court, and H. Dcnlinger. an attorney, to testify that Blazier conducted a gambling house within two years. Olson testified that Blazier paid monthly fines in the Municipal Court up to July ISM. Vreeland said he had sued Blazier on behalf of a client who had lost money gambling, and that a settlement had been effected within the past few months. Denllnger testified that he had gone to Blazier on a similar errand and had met both B. J. and Eugene Blazier. He did not know them by their given names, but he had been directed to the younger one, whom he supposed was Eugene, as the proprietor, by the older brother. The claims he presented amounted to $1,600. and were settle out of court. Their clients were a man named Maas. who lost $160, and Lewis, who lost $1,400. Denllnger &aJd he could tell the man to whom he was referred as proprietor if he aw him. Eugene Blazier was not in court when Denllnger was on the witness stand, and his attorney explained that he was away on business. The evidence of these witnesses, as com pared with the testimony of Blazier, that he sold his gambling interests three years ago. was the basis of the remarks made by Judge Frazer concerning perjury. Manning Sends McGinn Away. "When Judge Sears's court convened in the afternoon and the case against Au gust Erlckson was taken up. another sen sation was sprung. Henry E. McGinn arose and stated tht he had been request ed by District Attorney Manning to with draw from the gambling cases as pri vate prosecutor. "May your honor please," said Mr. Mc Ginn, addressing the court, "the District Attorney has informed me that my ser vices are no longer required or desired. I wish It to appear of record that I am relinquishing them against my will." "Am I right in stating that you de sire my withdrawal?" said Mr. McGinn, turning to the District Attorney. "Tou are," answered Mr. Manning. "You came into these cases not at my re quest, but at the request of Sheriff Word." Judge Sears said it was for the District Attorney to say. and Mr. McGinn quietly withdrew. Object to Marion Johnson. Ed Mendenhall and S. C. Spencer com plained to County Clerk Fields that in the Blazier case his deputy. Marlon Johnson, handled the Jury box in such a way that names of Jurors always came out known to be favorable for a conviction, and that he did not shake up the slips containing the names in the box, as he should have done. Mr. Johnson denies that there was any attempt at favoritism. County Clerk Fields, to avoid any controversy in the matter, requested Chief Deputy Herbert C. Smith to act in the Erickson case. The attorneys for Blazier, Ed Menden hall and S. C Spencer, say they were not expecting evidence in rebuttal about Blazier having paid fines, or they would have had him present In court to show why his name may have been used after he no longer had any Interest in the gambling games over his saloon. In his charge to the Jury in the Blazier case. Judge Frazer instructed the Jury that it had nothing to do with the policy of the law. and must find the defendant guilty if the evidence pointed that way, and the court also instructed that the jury must decide if the alleged sale to Heillery was sham or real. The instruc tions were full of Interesting features, and were as follows: Judge's Charge to the Jury. Gentlemen of "the Jury: The Information filed by tbe District Attorney against this defend ant, and upon which he Is now being tried, charges that on the 21 et day of July. 1JKM, in tbe County of Multnomah and State of Oregon, the defendant then and there being did then nd there wilfully and unlawfully deal, play and carry on, open and cause to be opened, and conduct as owner and proprietor thereof, & mm of roulette, said game being a banking game and being then and there played for money and checks as representatives of money and value contrary to the statutes la such caes made and provided, and against the peace and dlgntty of the State of .Oregon. In thla rase, as In every ether criminal -care, the -defendant is presumed to be Innocent and' It is your duty to acquit him unless you find from the evidence that he is guilty beyond a reasonable doubt. If you are satisfied from the evidence beyond a reasonable doubt that he la guilty of the crime charged In this informa tion then It is your duty to bring In a verdict i of guilty, but it you are not satisfied beyond a reasonable doubt. If yon have a reasonable doubt as to his guilt it Is your duty to bring In a verdict of not guilty. The word reasonable doubt you understand I without any explanation does not mean every teeslble doubt, we 5o not mean, when we say you should be at!:fled beyond a reasonable . doubt that you should be satisfied that he Is insiltr beyond every possibility or every pos. j dole hypotberls. Zt does not mean every possible doubt; it j simply means what the words themselves mean, and that I think you can 'understand better than any definition given In the Jaw books. Tbe doubt must be a reasonable one. I will not at tempt to give you any definition. I believe ths phrase itself "reasonable doubt" is clearer and more easily understood than any definition 1 could give you. It is alleged in the information that this man conducted and operated as owner a roulette game oa the 21st of July. There baa been some evidence introduced here as to his carrying on other games where it Is alleged this game of roulette was carried on. Tha purpose of thla evidence was only to assist you in determining from the drcumstancea of the case whether tbe roulette game was being car ried on. Your verdict must be as to whether or not the defendant is guilty of having con ducted 'as owner this roulette game only. He cannot be r convicted on this Information of earning on' any" other game. ' Date Is Not Material. The date, however, on which it Is alleged that thla took place is not material; that la, it la not material that you should find It happened upon thla exact date. If you find 'from the evidence in this case that this de fendant 'conducted- and operated as owner a roulette game within this county at any time oa or about the 21st day of July and prior to the filing of the Information In this case, then you will be Justified in finding him guilty. Even if you find that be conducted and operated as owner this roulette game aa charged In the information at any time" during a year or within two years of the time of the filing of the Information in this case you would be Justified In finding him guilty. I say this by way of illustration. Of course, you would not be justified in finding that he conducted a game at some other time than is proved by the evidence; you should be governed solely by the evidence in tbe case. Wat the Sale Real or Sham? On the part of the defendant here It has been contended that he Is not the owner or pro prietor of any roulette game at this date or at any other date within three years, and it Is asserted in hla behalf that if this gaiqe was carried on he had nothing to do with It. There was some evidence introduced tending to show that this defendant executed a bill of sale to some other man referred to as "Kid Heillery" about the first of last January, and It has been stated by one of the attorneys for the defendant that If you believe the bill of sale was executed you could not find the de fendant guilty. I will instruct you, however, gentlemen of the Jury, that that is not the law. The bill of sale may or may not have been a genuine conveyance. It may or it may not have been followed by a change in posses sion or change in ownership or change In management. A bill of sale might have been executed aa a mere pretense, another man might have been held out to the publlo as owner or to part of the public as owner of this place aa a mere sham and pretense. Another man might have been allowed to employ the laborers about tbe place as a mere sham and pretense. On the other hand the whole thing may have been genuine. I simply say this, gentlemen, on account of the argument made by the attorneys for the defendant. In order that you may not be mislead In any way. It la for ycu to say, considering all the evidence la the case, the evidence for the defendant and the evidence for the state, whether or not there was an actual bona fide transfer of this defendant's Interest in that gambling-house to this man. Kid Heillery, or whether the de fendant ceased to become the owner and man ager of the place. If he was the real owner, the person who really owned the property and these games, and you find this game war operated an alleged in the complaint, then he is guilty, although it might hare been done In the name of another person. Law Itself Not on Trial. Gentlemen of the Jury, the rules of evidence in a case of this kind are just the same as In any other criminal case. It Is not necessary that 'the ex-idence to convict a man of gam bling should be any more exact, any more ex plicit than the evidence should be to convict a man of any other crime with which he might be charged, Tou may consider the circum stances as well as the direct evidence. In this case It is only necessary that you be satisfied, as in any criminal case, beyond a reasonable doubt of the guilt of the defendant in order to Justify you In bringing In a verdict of guilty. And in this ca.rc aa you have already been cautioned In your questions as to your quali fication to sit as Jurors, and as It has been referred to by counsel and tbe court before dur ing this trial, we have nothing to do with the policy of the law. It does not make any dlf ference whether any one of you or the Judge of the court believes this law la a good law or' believes In Its strict lnforcement or anything of that kind. We are here, you are here. I am here, for the purpose of deciding whether a man is guilty or not. and for the purpose ot punishing him if found guilty of an Infraction of any law placed upon the statute books. The Legislature makes our laws, and If the law Is wrong the remedy Ilea with the people who elect the members of the Legislature. Tou are sworn to decide this case according to the evidence and according to the law, and I have the same oath as to my part In the trial of the case. Tou cannot find the defendant guilty on suspicion or prejudice. He is being tried on the evidence. You cannot find him guilty In this case of operating as owner fz proprietor or playing any other game than roulette; and you cannot find him guilty of that If you have a reasonable doubt as to his guilt or innocence. Jury to Judge of tbe Facts. If you find that a game of roulette was played at the time alleged, but that the de fendant did not own It or If you have a rea- - Tjfc.& .'fmeif aV Eugene Blarler, Convicted ot ! GambUag. . .. : sonable doubt as to who owned It, you must find the defendant not guilty. The direct evidence of one witness who is en titled to full credit Is sufficient for proof of any fact at issue In this case. A witness is presumed to speak the truth. This presumption, however, may be overcome by the manner In which he testifies, by the character of his testimony, or by evidence af fecting his character or motive, or by contra dictory evidence. You are the exclusive Judgea ot the credibility of a witness. You are also, subject to the control and In struction of the Court, Judges of the effect and value of the evidence, except where evidence Is declared to be conclusive. Your power of Judging of the effect of evi dence, however. Is not arbitrary, but Is to be exercised with legal discretion and In sub ordination to the rules of evidence. You are not bound to find In conformity with the declaration of any number of witnesses which do not produce conviction, in your minds, against a less number, or against a presump tion or other evidence satisfying your minds. A witness false In one part ot his testimony is to be distrusted In others. To recapitulate: If you are not satisfied be yond a reasonable doubt that this defendant conducted and operated as owner this roulette game within this county and state as alleged In this Information, and on or about the date alleged- In the Information or the date referred to by the witnesses and within two years prior to the' time of the filing of this information, your verdict should be not guilty. And It you are not satisfied beyond a reasonable doubt that he owned this rpulette wheel or was proprietor or had an interest as part proprietor In thl place, then your verdict ehould be not guilty. But If you are eatlafled. gentlemen of the Jury, beyond a reasonable doubt, that this roulette game was conducted and operated as alleged In this Information, and that this defendant was the owner, real owner, or the real owner of a part Interest in the game, and that this bill of sale which has been alluded to here by the witnesses and counsel was a tha in and a pre tense then, gentlemen, it Is your duty to bring In a verdict of guilty as charged. PEBHITS FOE BBTJSH FLEES. Senator Booth Says No Stringent Forest-Fire Law Will Be Asked. There were far fewer fires than might have been expected during the past dry Summer, and for that reason the lumber men are not so active as two years ago in preparing bills for the Legislature for fire protection. They Intend making some ef fort to regulate the time for slashings, but will not attempt stringent rules. They believe the settlers themselves are begin ning to appreciate the folly of setting brush on fire at a season when a match in the grass means a loss of millions of feet of lumber and danger to life, and will not make such a determined effort to per suade the coming State legislature to provide a closed season for settings fires. "There has been no thought as yet In the direction of such a law," explained State Senator R. A. Booth, of the Booth Kelly Lumber Company, yesterday. Mr. Booth Introduced the fire bill in the last Legislature. "There is not the crying need for it- Last year, outside of one fire on the Santiam, there was Uttle standing timber seriously Injured by fire. The settlers have learned the danger, and campers stand in too great dread of the Fire Wardens. Considering the length of the dry period, more of a loss was to have been expected." "My Idea of a forest fire law." contin ued Mr. Booth, "Is to allow fires to be set only after a permit has been ob tained from some authority1 to whom the power has been given. This method would be better than providing for a closed sea son, for then, if weather permitted, slash ings could, be made any time, whether in the middle of Summer or not. And no fires would be permitted to be set at any time unless the danger were small. It will not do to be too stringent. The brush must be burned, but the time for burning should be regulated. The -rancher's only way of claiming land, and the loggers only way to protect himself from greater danger of fire is to burn the brush. "But It Is not generally understood that the best time to slash is when there has just been a rain. When the ground Is too dry. the fire skims along the top. running along through the grass and leaves, but not burning even the larger twigs, until Jt gets into the green timber Itself. But a fire that Is set after a rain bums slow ly and cleans the land clear. The at tempt In the way of a forest fire law this time will not have any provisions which will interfere with slashing' at such times, but will try to put a stop to the dry-weather fires." Result of Opposition to Mormon. NEW YORK. Nov. 22. Through an ordi nance which has" Just gone Into effect it will be necessary hereafter for a mis sionary, church or religious society wish ing to hold religious services in a street or public place lri this city to obtain the consent of the Aldermen of the district in which the meeting Is to be held before a license from the Mayor can be had. Opposition to street meetings held by Mormon missionaries In Harlem is said to have caused the Introduction " of the new ordinance. Tour complexion, as well as your tem per. Is rendered miserable by a disordered liver. Improve both by taking Carter's Uttle Liver Pill. ARTIST JKURPHY ATTENDS THE LAND FRAUD TRIAL WIFE'S LONG SEARCH Tracks Truant Husband From New York to Portland. , SHE MEETS HIM ON STREET E. H. Goodwin Arrested After Heart Breaking Chase Over Continent by Spouse Whom He Had De serted for Another. Edward H. Goodwin, a scion -of one of the first famines, has graced Chief Hunt's jail because he is charged with deserting his wife and child and traveling over the country with another woman. Behind the arrest of Goodwin, who at the time of bis arrest was a guest at the Hotel Portland with a woman who passed as his wife, is the story of a good wife's heartaches, a long-fruitless search for a departed husband, and almost tbe biting pangs of hunger and want. It is ,the world-old story of the society young man who grew tired of his wife and sent her away under a false, pretext. In order that he might enjoy the society of other women. But Goodwin had a woman to deal with, a woman of rare character and one of indomitable will. When Mrs. Goodwin, who met her hus band quite by accident on the streets of Portland and had him arrested, was de serted by him, two years ago, she did not sit calmly down and pine her heart away. Instead she started In search of him. This search took her across the continent, from city to city, but always too late. He first met her In the East while she was going to school and in 1895 wooed and won her for a bride and carried her off to WIFE TRACKS HUSBAND ACROSS CONTINENT TO CAUSE HIS ARREST New York. - But he was traveling down the road that has a turning and the fates brought them face to face on the streets ot Portland, the wife reduced almost to the charity of her friends, while he, with his companion, was enjoying the luxuries of one of the best hotels In the city. Mrs. Goodwin came 4o Portland, tired and weary ot her search for her hue band. and was forced to seek wcrk In order to live. She little dreamed that she would meet up with her husband, but she did, and when he tried to buy her off by the offer of a paltry $100 she refused and had him arrested on a charge of adultery. Goodwin was taken before Justice Hogue and the case was continued until today. The story of the heart throbs in the case dates back to 1SS5. Mrs. Goodwin was the daughter of a San Francisco cap italist. While she was receiving her edu cation in the Fast she met and fell in love with Edward H. Goodwin, a son of Ed ward Goodwin, who until his death was of the firm of Perkins & Goodwin, owners of one of the biggest paper mills In New York. His parents were of the first fam ilies, a sister having married Charle magne Tower, formerly Ambassador to Germany. Edward Goodwin, when he died, was very prominent in business circles and was a life-long friend of Seth Low, who was an active pallbearer at his funeral. For a time the young people lived happily. A daughter was born to the union, but shortly after she was born Goodwin grew tired and the neglect be gan from which Mrs. Goodwin was to suf fer during the years which followed. "Under a pretext of having her examine -some mining property in Nome, as much at her husband's solicitation as that of her mother-in-law, Mrs. Goodwin made the journey to" Nome. When she returned she discovered that she had not only been deserted by her husband, but by her mother-in-law as well. For a time she struggled in the East, but later returned to friends in San Francisco, for her mother and father had both died. Good win's mother had considerable property in San Francisco and was equally well ac quainted there, and the social set who had known the wealth of the Goodwins was surprised when the deserted wife re turned. Shortly after she went to the Bay City Mrs. Goodwin was taken sick, and while she was in the hospital her hus band sent a paper for her to sign. She was too ill to note closely the contents of the paper and was not aware until she had left the hospital that she had signed a paper giving over to her mother-in-law and her husband the custody of her only daughter. As soon as she was able to travel sho again set out In search of her husband. At last her money was exhausted. She came to Portland and secured a position and was saving money with which to again search for him when she met him on the street. At first Goodwin tried to bluff her with the statement that ho did not know her, but when she would not be put off he offered her 5100. The arrest followed, and he was held under $16CS ball. Through her attorney, B. S. Pague, she had demanded $2500 and will sue for a di vorce and alimony. Mrs. Goodwin, the mother, is exceed ingly wealthy, and It is believed that the deserted wife's demands will be met with out trouble. Mrs. Goodwin Is Ih posses sion of letters, both from her husband's mother and from a number of women be has. taken up with since he left her. The woman with whom he was' living in Port land has disappeared, but the attorney knows who she is, and will make an effort to find her. Postal Authorities Char ye Frwi. CHICAGO, Nov. 22. "Many com!talnts made to the Chicago Postofllce cmcem in the use of tfce United States, mite fraudulently have resulted in the arrest ot Charles Sturtz. A number of com plainants from various parts of the coun try probably will appear to prosecute him. Charles Eberllng, of Maynard, la., al leged that he received a letter from Sturtz. who claimed the presidency of the "Central Hallroad Bureau." ot Chi cago. Eberllng said he was Informed that for 53 he would be taught the various signals and Information necessary to be come a fireman, and for an additional 510 he would be given a position He alleges ho paid tha money, but failed to secure the position, and finally asked the postal authorities to investigate the case. BEADY HOLDS 0IT. (Continued from First Page.) stolen the publtc domain and to put some poor homesteader in the Penitentiary for the crime, now that the land is all gone." At the conclusion of Judge O'Days re marks the first witness, Charles B. Moores of Salem, was called by the prosecution. Mr. Moores took the stand at 11:30 and had time to say that he had been Regis ter of the Oregon City Land Office from October. 1897, until May, 1903, before the deadlock occurred between Judge Pipes and John HalL Mr. Hall had some 16 sets of land affi davits which he wished to have Identified by the witness. They were the prelim inary certificates and all intermediate papers up to the final proofs which had been made in the cases of Emma L. Wat son and others interested in the case now at issue. Mr. Moores certified to the sig nature of himself and Judge Galloway, at that time receiver ot the office, and the first document wa3 offered by Mr. Hall as evidence. "Your Honor," interrupted Judge Pipes, putting on an extra pair of glasses. "I have not had a chance to see those papers, and we would ask for time in which to examine them. All we want is the noon hour." "I think it will take but a few minutes," suggested Judge Bellinger. "But the charge is forgery," insisted Mr. Pipes. "We want to look at the sig natures. The prosecution has had experts at work on them night and day. I would like to see the papers before I object to their submission as evidence. The defense desires to object to them on the ground that they are dated prior to three years preceding the date of the indictment in this case; that there Is no statement in the indictment showing them to prove false or fictitious signatures: that there is no charge in the indictment that such papers were to be used in evidence." The Judge, In making his argument, took as a main point that the statute of limitations threw the papers out as evi dence In the case. They might show crime or conspiracy, but the action had commenced too late for them to be used In the present case. Numerous citations were given to support the contention. The indictment was attacked because it did not show by what means the conspiracy was to be proved and for many other rea sons apparent only to a lawyer. Mr. Hall, In replying, said that the chief objection made was to try to show that the conspiracy was consummated three years prior to the Indictment. He, how ever, wished to show by the evidence that there was an intent to defraud. Plan3 had been laid more than three years ago which had since that time culminated in conspiracy. In the afternoon the discussion was taken up once more and argued for the greater part of the time. Judge O'Day, Judge Pipes and Mr. Hall occupying the attention of the court alternately. Judge Bellinger, in ruling on the question, said' that he had considered the question both at this time and formerly. Judge Admits Evidence. "The crime Is in the conspiracy," he said. "The means involved Is not neces sary in the indictment. It Is not neces sary to hold the affidavits false, but it is necessary to prove that the signatures are falj. The exhibit is desired for the ln foKnatlon of the court and to show that a conspiracy was planned. I will there fore admit them as evidence and will over rule the objection." Later Judge Pipes objected to the admis sion of the affidavits of Harry Young be cause he was alleged to be a fictitious per son in the indictment. ' "The Supreme Court of the "United States," said Judge Pipes, "has held that a title Issued to a fictitious person Is void able and of no effect. Therefore the title Issued to Harry Young, If he does not exist. Is voidable and of no effect; is not material and cannot be used as evidence to show conspiracy. In that case there is no conspiracy, for the Government Is not defrauded of title and so does not lose the land and is not injured. It might be deprived of possession, but not of title." "I am loth to believe that people all over this country," said Judge Bellinger, Inter rupting the speaker, "can engage in con spiracy to defraud the United States of land but cannot be punished, however il legal their means, because there can be no conspiracy owing to the fact that they can secure no title. I think, as I under stand it, that your proposition is that no one can enter into a conspiracy to de fraud, however immoral his method, be cause he cannot defraud the Government of title?" "That is the cold proposition," replied Mr. Pipes. "I overrule your objections," said the judge. At '4:35 the examination of Mr. Moores was completed by the prosecution and the defense waived the right to the wit ness. The court then adjourned until 10 o'clock this morning, when Judge William Galloway will take the stand for the prosecution. Hard Wrestle -With English. WALLA WALLA, Wash., Nov. 22. (Special.) An amusing example of a for eigner's attempt to master the intricacies ot English is found in a letter actually received at the Walla Walla Land Office a few days ago. The following is a ver batim copy of this alphabet twister: "DUSTY Novembe 4 1094 Dlr Ser I asc you for the Catalog for the free Land. I cam hlr from old contri from germlnl and I don no the law in which wai I soli tek horn stat) if yuo plias the Catalog and let mi see on the map from county. Yous Troly, "if you pllas so quk then you can." Another Ovation to Prince Fushlma. ST. LOUIS, Nov. 22. Another ovation was accorded Prince Fushlma at the Im perial Japanese Gardens, which he vis ited again today In the course of his round of sightseeing at the World's Fair. On either side of the avenues along which the Prince'a carriage passed hundreds of his countrymen, many of them dressed in the costumes of their native land, were lined up and greeted the imperial party with cries of "Banzai." The Prince and his party were spectators at a drill and review of the Sixteenth United States Infantry, arranged for their especial benefit- Shows Excellent Financial Condition. WASHINGTON, Nov. 22. The call on National Bank, depositories for 25 per cent of Government deposits has created no'flurry, and. according to Secretary of the Treasury Shaw, indicates an excellent financial condition generally. The circu lar call issued some days ago brought only one request for exception thus far, and that from a bank which was a small Government deposit. Tea Hare a Bad Cats Yob want a remedy that will not only give quick relief but effect a permanent cure. Yon want a renSedy that will relieve the lungs aad keep expectoration easy. You want a remedy that will counteract any tendency toward pneumonia. To want a remedy that is pleasant and safe "to take- r Chamberlain's Cough .Remedy meets all of them raniireroents and for the speedy and pemahent cure of bad colds stands wttfcout a sor. Far Ml by all drtasjftts. WEDDED IN SECRET A. J. Clark and Cecilia E. Duke .Surprise Relatives, BOTH MISSED FROfa HOME Anxious. Search Is Started and Mys tery of Their Disappearance Is Solved Only When Marriage Licenses Are Scanned; "Lost, strayed or stolen." might ha been the heading for a lost notice Issued by the relatives and friends ot Albert J. Clark, who lives at East Forty-fif th-'street, near Mount Tabor, and Miss Cecilia E. Duke, whose parents live at 347 East Twefth street, had not they discovered their names among those who had secured license to wed Monday. But before this discovery was made yesterday there was some concern as to what had become of the two. At Mr. Cfcrk's home at Mount Tabor It was feared that he had been held up and robbed, and perhaps made way with, and his sister came early to town and Instituted a search, but without success. Tke same thing happened with the friends of Miss Cecilia, now Mrs. Albert J. Duke, but no trace of either was found. Nothing had happened toIther. They simply went away somewhere Monday and were married without making their inten tions known. After failing to discover the whereabouts of the truants the marriage licenses were read over, when the names of the couple were found. "They are old enough to know better," said a sister. "And we don't know where they are now. Of course they are mar ried, but we don't know where the cere mony was performed, or where they have gone. They could have been married at home. There was no opposition tb their marriage. They think they are very smart, now don't they? This is no boy and girl affair, and they are old enough to take care of themselves." Mr. Clark Is a highly-respected business man of Portland, and a membe of the firm of Clark Bros., florists, and his wife (formerly Miss Cecilia E. Duke) Is also well known and respected. It Is confi dently expected that Mr. and Mrs. Clark will show up after they have finished their honeymoon, and, in the course ot years, tell the story of their exciting and romantic elopement to their grandchil dren. ' " ENFORCING PURE FOOD LAW Collector at New York Asumes a Very Aggressive Attitude. NEW YORK. Nov. 22. Collector of Cus toms Stranaban, at the Port of New York, has assjmed the aggressive for the Government in Its attitude towards the enforcement of the pure food law. 'with especial reference to the labeling of all Imported products with the formu la, noting the use of coloring or pre serving substances of whatever kind, such as sulphate of copper, boraclc acid, glucose, eta That the, authorities have decided to show no more leniency toward importers and foreign manufacturers falling to com ply with the law Is evidenced by the faci that a large quantity of "egg-white' a pasty preparation used extensively by bakers and confectioners, found to contain a dangerous amount of boraclc acid, was ordered transshipped to France. At the same time importers generally were noti fied that hereafter the policy of the Gov ernment would be to force the transship ment to the original point ot shipment of all goods brought here without proper labels. This was the first intimation the Importers had received that radical meas ures were to be resorted to at once to enforce the law. They quickly sought cover by cabling the manufacturers in Europe to hold up further shipments in definitely. From official sources it Is learned that hereafter little or no attention is to be paid to the analyses furnished by im porters themselves or those attested by officials of other governments, and that no other labels are to be passed until after a sample of the goods has been analyzed by the Bureau of Chemistry of the Department of Agriculture. Several large consignments of cherries preserved in glucose or "grape sugar" will be ordered returned to the manufac turer for proper labeling probably today and the practice of allowing importers to remove a portion of a shipment under penal bond is to be discontinued for the, Additions to Yale's Funds. NEW HAVEN, Conn., . Novl 22. The fifth annual report of Morris F. Tyler, treasurer of Yale University, shows that during the fiscal year ended July 31, 1904. there were additions to Yale's, funds amounting to 5445,678 and gifts to Income of 520.033. About 5600,000 in legacies have also fallen to Yale during the year, but too late to appear in the Treasurer's re port. The total estate of the university and departments is returned as $7,344,953. DO TOU WTAX GIAS6X8T Properly fitting glasses and MURINE promote Eye comfort. Murine makes weak Eyes strong. Druggists and opticians, or Murine Eye Remedy Co.. Chicago. INTERESTING, IF TRUE You Caa Try It for Yourself aad Prove It One grain of the active principle in Stuart's Dyspepsia Tablets will digest 3,000 grains of meat, eggs or other whole some food, and this claim has been proven by actual experiment which anyone can perform for himself 'in the following man ner: Cut hard boiled eggs Into very small pieces, as It would be if' masticated, place the egg and two or three of tablets In a bottle or Jar containing warm, water heated to 98 degrees (the temperature ct the body) and keep it at this temperature for three and one-half hours, at the end of which time the egg will be as com pletely digested as tt would have been In the healthy stomach of a hungry boy. The point of this experiment is. that what Stuart's Dyspepsia Tablets will do to the egg in the battle it will do to the egg or meat In the stomach and northing else will rest and Invigorate the stomach so safely and effectually. Even a little child can take Stuart's Tablets with safety and benefit if its digestion is weak and the thousands, of cures accomplished by their regular dally use are easily ex plained when it 13 understood that they are composed of vegetable essences, aseptic pepsin, diastase and Golden Seal, which mingle with the food and digest it thoroughly, giving the overworked stom- ach a chance to recuperate. Dieting never cures dyspepsia, neither do pills and cathartic medicines, which simply Irritate and inflame the intestines. When enough food is eaten and prompt ly digested there will be no constipation, nor in fact will there be disuse of aay kind, because good digestion means good health in every organ. The merit and success of Stuart's Dys pepsia Tablets are world wide and they are sold at the moderate price ef 59 cents for full slsed package Ik every drug store in the United States and Can3a, as wU m' In Kurops.