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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 24, 1904)
t 10 THE MORNING- OBEGONIAN, THURSDAY, NOVEMBER 24, 1904. WAR OF WORD! Land -Fraud Case As sumes Lively Aspect. TRIAL HOW IN FULL SWAY Lawyers Have Verbal Battle Over Objections. - BINGER HERMANN TESTIFIES Courtroom Is Crowded With Curious Spectators Who -Enjoy Clash Be tween Attorneys and Follow Trial With Interest. There is an adage som6 place in the "world that a lawyer's tongue Is a fearful thing. "When the trial of the land con spiracy case is a thing of the past it -will no longer be an adage, but an axiom, for all promise points to a battle of lawyers, a war of words heated and hissing1 at times, a long array of objections and technical points with the "possible revela tions of the -witnesses looming large, though as yet indistinct in the distance. The first day of the trial was simply the mapping out of the battleground. On the second, each general outlined his ac tion and arranged his forces to the ac companiment ot the scattering fire of the skirmishers. Yesterday the engagement opened along the front -with the rattle of musketry and for the future is promised the booming of big guns, the shock of cannonade, and the annihilation of the enemy. Many Objections Made. The early part of the session was a continuation of the objections of Judge Pipes as Compiled and memorized dur ing the two previous days. It was of no particular Interest except to Judge Pipes, who seemed' to enjoy It. No one else ap parently paid any attention. Marie Ware read the Eugene Guard carefully, -while Mrs. Watson looked over her shoulder at the advertisements and land notices. The rest of the defendants -were contemplative until Francis J. Heney made his debut. Heretofore Mr. Heney has had a few things to say, but rot much. Yesterday be pushed back the dinner hour for a while as he demonstrated to the satisfac tion of the court that he could talk and talk forcefully. It all arose over one of Judge Pipes objections to some papers desired to be submitted as evidence, and the man from San Francisco held the floor for a few minutes as he controverted the objections raised and argued for an over ruling, which was given. The afternoon was enlivened by the ap pearance of Blnger Hermann as a wit ness, and his story of the conduct of , the general land office in "Washington show ing how business was carried on by the Government. Judge Galloway on Stand. When the court was c&lled at 10 o'clock. Judge Williams Galloway, of McMinnvIlle, was called to the stand. ' The Judge testi fied that he was the receiver of the Oregon City land office from February, 1S96. until July, 1902. It was the custom of the office for the Teceiver to take the final proofs, but that was simply a division of labor and not a law. The Judge examined the papers submitted the day before as evi dence, and testified that in some of them the handwriting was his, in others of the clerks In the office, while he had written some of the testimony himself. The final papers in the case of Emma I.. Porter were presented to the witness. "Have you any recollection of having taken the testimony of the claimant, Em ma I Porter?" asked Mr. Hall. Judge Galloway thought h had. "I remember It because she came into the office one evening Just about the time to close, and wanted me to make out her testimony. It was late and I was very busy, so I told a man with the woman to make out the testimony and that I would Jook It over and sign the paper. I re membered Mrs. Porter especially because she was dissatisfied and fussy and im pressed me by her conversation. She rep resented that she had just come from her claim and wanted to go on to Portland that evening." Couldn't Identify Her. "Can you Identify this woman Porter who appeared before you as Mrs. Emma 3 Watson, now in the courtroom?" ques tioned Mr. Hall. "I cannot swear that the woman so rep resenting herself was Emma Porter." an swered the witness, "but she had the ap pearance of that lady there." indicating Mrs. Watson. On cross-examination the witness said he did not remember Maud Witt, or Wol gamot. at that time, neither was he ac quainted with Puter at the time of the filing of the papers. The witness also Identified papers which had been part of his office files and which were desired to be Introduced as evidence. Judge Pipes made the same objections a3 to all the rest of the proceedings of the prosecution and was overruled as before. Judge Gal loway was then excused from further service with no cross-examination. H. F. Coleman, the head of the chief clerk's division in the general land office at Washington. D. C was the next witness-called by the prosecution. Mr. Cole man testified as to the manner in which the mail from the local land offices was handled at the Washington office, and, when asked. Identified the papers which had before been submitted as evidence as part of the mall that had passed through the department. A record of the letters received from the state was Introduced as 6howlng that the papers submitted were genuine. Mr. Pipes objected because up to this time the defendants had not been connected with the papers, and was as usual overruled. Battle of Words. The first little pleasantry of counsel oc curred about this time, when Mr. Coleman was asked It he could identify the signa ture of the law firm of Dudley & Mlsch ner, a Washington corporation. -I want to object to this, your honor," commenced Judge O'Day. "for the reason that It is incompetent, irrevelent and im material, and besides It Is a statement of a third party and could not be Introduced unless the defense bad a chance to cross examine the people who signed it" "Well.' said Mr. Hall, laying the paper back on the table. "I won't Insist upon it at this time, so don't make a speech." "I should say not." murmured the ob jector as he sank back Into his seat. Mr. Coleman was cross-examined by the de fense and an effort was made to have his -testimony thrown out, but this objection vwae overruled. Inspector Greene Called. Colonel A. R- Greene, of Portland, testi fied that he was a special inspector for the Interior Department: that he had first been appointed In 1SS3. and had served for the last eight years continuously. Mr. Green was called to show that he' had received, the papers in evidence from the department, and was now the -custodian of them. "Now, if it please your honor." re marked Judge Pipes, rising, "I don't Ilka to object, but the counsel is turning this case topsy-turvy. According to the usual course of procedure he should prove con spiracy first and then any overt act. So far not a word has been said tending to prove a conspiracy, or to connect the de fendants with the crime." "I don't know how the prosecution is going to conduct the case." Interrupted the court. "He may prove the act first or the conspiracy." "You don't understand my point," be gan Judge Pipes. "I understand perfectly." corrected the court, "and if at the end of thls trial there has been no testimony to show the connection of the defendants with the , case, it will not get beyond the court, i Not everv case coming before this court gets to the Jury. Mr. Pipes." i "No, indeed," smiled the objector, "and I am Inclined to think that this is one of them." Mr. Greene was excused after having shown that he had charge of the papers now in testimony and that he had re ceived them by registered mall on Febru- I ary 27, 1904. "I want now," commenced Mr., Hall. I "to submit the patent in the case of Emma Porter." "I want to make an objection," and Judge Pipes arose. "I suppose that it Is the same objec tion T' asked the court, sweetly. "Oh, no; there are others to this." Picked Flaws in Indictment. Then Mr. Pipes picked flaws In the wording of the Indictment. He said that the document did not allege lots of things, but his theme was on the word "she" as found. The Judge was absolutely cer tain the word meant Mrs. Porter when it should have meant Watson, and for this reason it was faulty and a monument of illshaped phrases. Mr. Heney defended the Indictment and read from the Supreme Court sustaining his opinion and the court took the ques tion under advisement until after the noon session. This was the first speech made by Mr. Heney, and It was closely listened to by the large crowd In the courtroom. He followed out the terms of the Indictment, and showed that the plead ings of the opposing attorney, were spe cious, and made one ot the strongest pre sentations yet heard In the case. Wanted to Square Himself. "Before adjournment," said Judge Pipes, addressing the court, "I want to square myself with the court and the jury. I want the court to advise the Jury that we of the defense have admitted nothing In this trial except for the sake of argu ment. We do not concede any connection with the case at all, but a layman, or the jury, might misconstrue my remarks." The court Interrupted: "I don't think. Mr. Pipes, that the jury or anyone else will think from the conduct of the case that you had admitted any thing. I do not think that there is any danger of a conviction under such a mis apprehension or on those grounds." For some reason the courtroom was convulsed with laughter, which the bailiff forgot to Irown upon. In the afternoon the court overruled tho objection of Judge Pipes to the introduc tion of the patents to land secured by the defendants on the ground that the facte had not been fully set forth, or tho means of the conspiracy alleged, and that various other mistakes had been made. The court held that if Mrs. Watson had made an affidavit purporting herself to be Mrs. Porter, a forgery had been com mitted and the Government had been de frauded. Patents Submitted as Evidence. Upon the ruling of the court the pat ents Issued to Emma L. Porter, Harry C. Barr, Joseph Wilson. Frank H. Wolga mot, Maud Witt. Henry Young. Zenas K. Watson, Alexander B. Brown. Thomas Wllklns, George Graham, Nellie Backus and George L. Pettus were submitted as evidence. These papers were objected to by Judge Pipes severally and as a collection. The objections were overruled. At 3:30 o'clock Blnger Herman was called as a witness by the prosecution, and everyone in the courtroom sat up with ex pectant interest, for it had been rumored that when the Representative was called there would surely be something doing. Blnger Hermann on Stand. Mr. Hermann said that he was at the present time holding a public office as a Representative of the people in Con gress. He had been Commissiooner of the General Land Office at Washington from March, 1S97, until February 1, 1903. At the request of thfc counsel Mr. Hermann told of the manner of con ducting the correspondence at the de partment and of how the mail was han dled. A letter was offered to him, sign ed by John H. Mitchell. "I do not know that I have ever seen this," said Mr. Hermann, looking at it Judiciously through his glasses. T know that the signature is that of Senator Mitchell." Mr. Heney handed him a second, which met the fate of the first. "You have not examined it," suggest ed the lawyer. "Perhaps if you were to examine it you might refresh your memory." Still Mr. Hermann rnnirt nn place it, but he remembered what It was about. Senator Mitchell had called upon him at his office In company with S. A. D. Puter and had said that Puter had some land cases which he was in terested in and would like to have ex pedited by the department. Judge O Day objected to this admis sion because Senator Mitchell was not present and could not be questioned, but tne oojection was not heeded by the court. Tells of Senator's Visit. "The cases had been pending- for somc time," continued Mr- Hermann, 'and Mr. Puter was anxious to have them considered. I informed Senator Mitch-i ell that I was very busy and had no time, but I referred him to Governor Richards, my assistant." "Did Mitchell say to what lands ho was referring or to any letters sent to you. Mr. Hermann?" "I could not say. I referred the case to Mr. Richards and found later that they were lands about which there had been some investigation, not by myself, but by the department, and through the reg-ular channel." "Did any one accompany Mr. Puter?" "There was a woman with him," re plied the witness: "that is as far as I can remember: also a clerk "named Valk. The clerk said that the papers were all right, that he had examined them and I sent them to Richards, who afterwards Issued the final papers." "Could you identify that woman as any one In the courtroom, as Mrs. Wat son?" the witness was asked. Mr. Hermann had been very busy, and having seen the woman but once she made no impression on his mind. He, therefore, was not able to say. "Here Is a letter." said Mr. Heney. "Look It over and see ?r It will refresh your memory." Mr. Herman was sat lsfied that it had passed through the department in the usual way. Accused of Using Trap. I object, said Judgo Pipes. "The counsel should have shown the last letter rtrst If it was necessary to re fresh tho witness" memory, instead of using this trap." Mr. Heney turned quickly. "Mr. Pipes," he said, "what do you think I am trying to prove?" "I haven't the least idea, I am sure I do not know." "Well, then, sir," and the San Fran cisco man's face was very red. 'I wish you would not use that word 'trap again." A short time after that the first Ill- humor of the trial was show. Mr. Heney had offered another letter for identification which had been written by Senator Mitchell. It was objected to Decause inc writer was not present. and Mr. Heney withdrew the paper for the time being. "Why did you submit them, Mr. CITY ENGINEER 1X1.1 OTT. WHOSE REMOVAL IS RECOMMENDED BY THE COUNCIL. AND COUNCILMAN ZIMMER MAN WHO BROUGHT IN THE RETORT OF THE SPECIAL INVESTIGATING COMMITTEE. Heney?" asked Judge Pipes in a sur prised tone. vBecause I expected to identify them by Mr. Hermann," answered the attor ney as his face flushed and his voice shook. "Because I expected to identify them by Senator Mitchell. I am after him and I expect to have him here. I am now trying to get him and I vfAl connect with this paper later. I ex pected to prove the letter by Mr. Her mann, and, falling, withdrew it until later." The court soothed the speakers. Judge Pipes apologized and Mr. Heney smiled. "I didn t like that word 'trap- he said. "In the courts where I practice we do not use it unless some one is doing something." "I have apologized," said Mr. Pipes, "and I do not intend to do it again." Every one smiled with Mr. Heney and the incident closed. Hermann Not Cress-Examined. After Mr. Hermann had explained that some cases were expedited in the office for special reasons and that it usually took in 1902 from four to six months to issue a patent: had talked of the duties of special agents' and testified that they were empowered to take an oath for se curing an affidavit, he was excused without cross-examination from further attendance on the case. John Withycombe, chief draughtsman in the Surveyor-General's office, testi fied that he had drawn a map snowing the location of the lands In question, which was introduced in evidence. A. W. Barber, a clerk in the General Land Office, testified to the correctness of the map. Judge Bellinger then announced that it was time to adjourn. "Your Honor," said Mr. Hall. " the counsel have at last found a point upon which all can agree. Tomorrow is Thanksgiving day, and we would Ilka to have the whole day to spend in thanksgiving." "The jury Is a little interested i In that." said the court, "and I will confer with them on the question." The Jury held a whispered conference. "If it please the court," said one, "we are here, and it is just as comfortable An Iron rod. S& feet lone, was poshed by hand uader the bottom of the wall, showing the bricks had bo solid foundation. here as at the hotel. We would like to spend the day in trlaL" "Wo will compromise," announced Judge Bellinger. "I prill adjourn court until tomorrow morning at 10 o'clock, when we will resume trial until noon. The court stands adjourned." Art Rooms Open Today. The rooms of the Art Association in the Library building will be open this afternoon from 2 to 4 o'clock with free admission. The photographs now ex hibited are selected from the French Paintings of the ISth century. To this period belong tho popular paintings of Madame Lebrun and Greuze. as well as the work of the far greater artist. Watteau, "the poet of the ISth cen tury," and of Chardln, who, like tho better-known Greuze drew his subjects from humble life, but ranks far above him as an artist. The most important works, of these and other painters of the time are represented in this collec tion of carbon photographs. Take Pisa's Care for Connmptloa Cove hi. Colds and Consumption. 22c for POWER TO AMEND Authority of the Legislature Is Questioned. SUPREME COURT HAS DECIDED Amendments to Local Option Law Can Be Made, and by Tacking, on Emergency Clause Refer endum Avoided. Many local optlonists deny the 'power of the Legislature to amend the so-called local option law, which was enacted at the polls last June under the initiative. The Legislature has that power, however, according to a decision of the Supremo Court, rendered nearly a year ago, when the constitutionality of the initiative and referendum was sustained by that tri bunal. But unless the Legislature should tack on an emergency clause to the bill con taining the amendments, a referendum could be called on the amendments and the vote could not be taken until June, 1906. Meanwhile the local option law would be in full force and effect, and two more prohibition elections could be held under the act as It stands. It Is very probable that local option forces will demand a referendum, and it Is certain thai prohibitionists will do so. The Legislature has the power to defeat a referendum by means of an emergency clause, for the Supreme Court has de- FLASHLIGHT PHOTOGRAPHS cided that the lawmaking body and the Governor have sole and exclusive power to Judge and declare an emergency, and that it Is no function of the judicial de partment to Inquire back of that declara tion. Legislature Will Favor Amendments. From present appearances the ruling sentiment of the Legislature will favor amendments, but It is as yet extremely doubtful how the solons will line up on the question of taking theratiflcatlon of the amendments out of the hands of the people who enacted the original law. The decision of the Supreme Court which declares that the Legislature and Governor have tho sole power to judge of an emergency, and that the Legisla ture can amend or repeal any law enacted under the Initiative, was rendered Decem ber 2L 1903. The suit" was that of Kad derly vs. the City of Portland, and tho question involved was the validity of a street assessment under the new city charter, which was passed In January, 1S03. The charter carried an emergency clause declaring that there was immedi ate necessity for the construction ot new- bridges to safeguard the people and that the act must take effect immediately in order to insure the health, peace and safety of the public The constitution gives the people, au thority, within 90 days after the adjourn ment of the Legislature, to call for a referendum vote on any measure passed at the session, "except as to laws neces sary for the Immediate preservation ot the public peace, health or safety." As the street assessment was levied be fore the expiration of the 90-day period, it was contested on the ground that Im mediate operation of the charter was not necessary to the public safety. Thus the validity of the emergency clause became the Issue. "It has always been the rule," said the court, "and is now everywhere under stood, that the Judgment of the legisla tive and executive departments as to the wisdom, expediency or necessity of any given law is conclusive on the' courts and cannot be reviewed or called In question by them." Power of Legislature. As to the power of the Legislature to amend or repeal any Initiated law, the court said: "Under this amendment (Initiative and referendum) it is true the people may ex ercise a legislative power and may, in effect, veto or defeat bills passed and approved by the Legislature and the Gov ernor, but the legislative and executive departments are not destroyed nor aro their powers or authority materially cur tailed. Laws proposed by the people un der the initiative clause of the amend ment are subject to the same constitu tional limitations as other statutes and may be amended or repealed at will." Amendments to Be Proposed. Two amendments that are sure to be proposed are: First, to make the law a straight precinct option act; second, to require a larger petition than 10 per cent of the registered voters of a precinct to call a prohibition election. Some local optlonists are allied with the prohis, how ever, in the determination to fight efforts to do away with county elections. "Tne law Is pretty good stuff as it OF THE TANNER-CREEK SEWER The examiners at work. Tho jnaa holding- the Jaatera Is jr. H. CuBaiagham.. These photos were takes nearly S0 feet underground. stands," quoth 1 H. Amos yesterday, prophet ot the cold-water patriots, "and local optlonists would better not monkey with It." PROHIS HOLD A' MEETING. Decide Time Is Not Yet Ripe to Plead With Anti-Saloon League. The prohibition committee which is seeking to make peace .with the antl aaloon league met last night at 109 Third street, to consider ways for mak ing a new alliance with their erstwhile allies this time to defeat amend ments to the local-option law in the. Legislature. The' brethren decided to let affairs keep on drifting for a .little time, inasmuch as the league seems to have a contest within its own vitals and is not -ready to gird itself for battle. It has come to the knowledge of the prohis that the league's household con tains two factions, one of which thinks the law is good enough as it stands, the other that the law ought to be amended. Until the one element eats up the other, prohis do not expect the ' league to be In a fit condition for busi- j ness. The executive committee of the league had a meeting Tuesday night, but gave out that Its deliberations were not yet ready to be announced to the public Dr. J. R. Wilson, president of the league in Oregon, has declared himself in favor of amendment, but prohis con tend that he Is not backed up unani mously in hl3 own camp. They declare that a very vigorous part of the league Is dead set agaiust changing the law in any particular. "If the Legislature once begins to tamper with thei act," say prohis. "no body will be able to recognize it after the Legislature shall have finished. The people knew what they were doing when they voted for the measure. The law should at least have a fair trial." Such was the sentiment of the prohl committee which met last night. L H Amos was there: also B. Lee Paget, H. W. Stone. J. P. Newell. T. S. McDanlel and A. E. Davis, the last named of whom took, the place of F. McKcrchcr. Prohis threaten to bring up the Issue of prohibition in the entire state If tho Legislature "monkeys" with the law. "We'll do it by means of the initia tive." exclaimed one of the cold-water partisans yesterday. "We've got a good thing in that initiative and we're going to have a good time with it." The committee last night discussed plans for fighting liquor people who are seeking to have the prohibition elections in Yamhill and Coos Counties declared invalid. The action of the County Court ot Gilliam in, setting aside the election, the committee re gards as a high-handed act and will take measures to chase the County Court into the woods. CONTRACT TO BE LET. Construction of Portage Road to Be gin Soon. The contract for the Portage road will be let by Monday at the latest, and work will commence on it in as short a time as Is possible for the contractor to assemble his forces and material for the task. Yesterday the deeds were secured from the O. R. & N. Company for the right of way and were sent to the Governor for his approval and the concurrence of the other members of the Portage Road Commission. After the meeting on Saturday last and before Monday night, the engineer fin ished the work on the specifications and plans and drew up the formal contract which he submitted to Attorney-General A. M. Crawford for his opinion Tuesday Mr. Crawford came to Portland, where he met with the representatives of the Open-River Commission, and the con tract was amended and taken back to Salem for another overhauling. It Is now being put Into final shape and will, as soon as completed, be brought to Port land and signed. This is expected to take place not later than Monday. , There is a good deal of curiosity as to who the contractor will be. At the meet ing of last Saturday It was stated that a contractor acceptable both to the Commis sion and the Open-River Association had been found. Who this was Is not stated, but rumor has It that the McCabe Con tracting Company, of Walla Walla, will be the lucky firm to carry off the plum. A. J. McCabe, one of the members of that firm, Is now In the city and has been here for several days. It Is reported that he has satisfied the board and the associ ation that his firm is able to carry out the work quickly, cheaply and well. The firm has done a great deal of work sim ilar to the kind necessary in the construc tion of the Portage road, and if the con tract Is given to it, will be able to do the work acceptably to both parties concerned in its construction. It is thought that the middle of De cember will see the construction work in full swing. TRIED TO COMMIT SUICIDE. Three Crazed Individuals Startle Of ficers at Police Station. Yesterday was delirium tremens day Jn police circles. At headquarters Captain Gritzmacher and his staff wrestled with three men who had Imbibed too much of the golden vintage. Of the trio. Martin F. Guthrie was the worst. During the day he tried three times to commit sui cide by throwing himself In front ot moving cars In the yards of the Terminal Railway Company. He failed each time, because "Tug' Wilson saw him and res cued him. The last time Guthrie attempted to end his life, ho was taken Into custody by a policeman and sent to the Central Sta tion. There he leaped and yelled like a maniac and was finally removed to the County Jail. Early In the morning William Olden berg rushed Into the station declaring he had Just witnessed a triple murder, somewhere in South Portland. He want- ed the captain to dispatch a squad of officers to the scene, but Instead ot com plying with his request, they locked him In a cell and "Dr." Ben Branch gave him a treatment ot "D. T." medicine. He was released later. Pale and thin, quaking with fear and perspiring freely, Jep Gibson ran into the arms of Policeman Welch, at the Union Depot. He said a inob was after him: that thousands ot men had been chasing him with all manner of weapons for several days and he wanted assist ance. Ho was sent io Jail and given treatment. He was able to care for himself later and was allowed to go. Seattle Man Shot by His Father. NORFOLK, Netay, Nov. 23. Gus Stock, Jr., aged 23, a naval engineer, of Seattle. Wash., was shot and killed by his father early today. Before the young man died he made an ante-mortem, statement to the effect that his father did the shoot ing because the son refused to Join him in a raid on a neighbor's chickens. The father declares the shooting was acci dental. Young Stock was visiting his hoflw during the Xfe&sJugiylng holidays. WOULD GO TO WAR Oregon Militia Officers to Join Chinese, Army. ARE PROMISED HIGH RANK Reported That Many .Militiamen Have Applied for Positions, and All Are Promised Five Years of Servf ice at Good Szlzry. Officers for the Chinese reform army are being recruited among the officers, of the Oregon National Guard. Applica tions have been submitted and an exam ination will be held before January 1 Tralned ofllcora to the number of SOW are wanted by the leaders. The following members 'of the mllltli. companies here are said to have made applications for positions in the new army: Captains W. L. Gould. R. M. Doble. L. H. Knapp, L. A. Bowman. R. O. Scott and C. T. Smith; Lieutenants W. B. Odale. W. M. Dcnney. B. Kaltz. L. R. KollocS. A. E. Jenkln3, S. L. Doble. W. H. Leabo. J. J. McDonell. A. J. Johnston, H. Hock enyos, J. B. Hlbbard, W. W. Wilson, A. M. Brown, S. E. Rhenstrom and D. E. Bowman. Jay H. "Upton and W. C. North, former members, are said to have received commissions as First Lieu tenants. Prominent members of the famous Sec ond Oregon are brushing up their mili tary knowledge and preparing to apply. It has been rumored that Charles E. McDonell. who on January 1 will step out of the County Assessor's office, had applied for a berth, but .this was denied yesterday. Captain Mumby, a former member ot the Washington militia. Is the recrultlns officer for the Pacific Coast States. The man In general charge of the recultlng ot officers throughout the United States Is General English, a high officer In the Chinese reform army. His headquarters are now in Wyoming. A few days ago he was in Yankton, N. D. Secrecy surrounds even move made. But it Is known that Captain Mumby is expected in Portland before the end of the present week, and that a board of examiners will arrive about the middle ot December. For many months occasional Informa tion, as to the workings of the organiza tion known as the Chinese Empire Reform Association has leaked out. It was reported that an army was to be gathered together, and at the appointed time a general Insurrection against the Chinese im perial government was to take place. The recruiting officers who appeared In Portland, however, declared that the re form association and the imperial gov ernment are now acting in conjunction. But the generally accepted object of the purpose of the new army 'is to over throw the reigning power In China. All who have made application have been bound to secrecy. But the under standing Is that employment in drilling and officering Chinese troops was defi nitely promised for five years. No con tract was asked for, however, though transportation is furnished. The pay is to be 20 per cent more than received by American officers In the tropics, perqui sites and other attractions. What the applicants have been told Is that they are to command 130,000 Chinese troops, who shall be dressed In, some thing similar to the United States Army uniform, and without queues. A few en listed men. will be distributed .among the Celestials for better drilling Instruction, but the officers desired are men compe tent to fill the place ot Second Lieuten ants, or higher. Some weeks ago Colonel James Jack son, United States Army, retired, and Inspecting officer of the Third Regiment, heard ot the recruiting work being done here and asked the War Department and the Chinese Minister for Information. He was told no information was at hand. GRANTED HIS FREEDOM. - Self-Confessed Criminal Allowed to Go Free Because He Is Soon to Die. A self-confessed criminal, but with only a few months of life left for him. O. R. Holllday was shown a leniency yesterday rarely accorded in such cases. Holllday was arrested under the charge of robbing the malls while acting as car rier between Prlnevllle and Burns. Or. After the discovery of the crime Holllday fled to Missouri, only to be captured there and brought back to Portland. Upon his appearance in the United States Court yesterday It was shown that al though only 21 years of age, the ravages of a fatal disease bad made his life but a matter of a few months. Under these cir cumstances Judge Billings thought that the prisoner, although confessedly gullty of 'the crime, should be allowed his clos ing days in freedom, and therefore gave him his liberty, and especially since the youth was led Into the crime. ASSERTS HE WAS ROBBED. Logger States That He Lost a Watch In North-End Saloon. J. C Wilson was locked up lit the City Jail last night by Policemen Baty and Burke, who arrested hhn in the North End for being drunk. At the Central Station he told Captain Moore he had been robbed of a silver watch and Detectives Kerrigan and Snow were assigned to the case. He thought he lo3t the watch in a saloon at Second and Couch streets, but was not positive. He Is a logger. TOO WELL FED Clergyman Not Entirely Sure on That Point. There Is an inclination among the la dles to rather overfeed the Dominie sometimes, and while that indirectly helps the sale of Grape-Nuts. It offers no suitable excuse for the makers to en courage the practice. A minister of Auburn. Ind.. writes: "Whether it was from Irregular habit 3 and more or. less badly prepared food taken during some of my travels, or whether T have been too well -cared for by my parishioners does not seem en tirely clear, however, the fact remains that Indigestion set In and after a period of hard work I came down with a gen uine case ot nervous prostration. "It seems the trouble had been brew ing for several years for several Insur ance companies had rejected me after careful examination by their physicians. "I was urged to adopt Grape-Nuts and cream for my sole diet for breakfast and lunch. The request wa3 urged so strongly that I concluded to follow the suggestion and to my surprise began to gain quickly In health and strength. "I persisted In the use of this remark able food and a wonderful result fol lowed. I have entirely regained my health, have been examined by the phy sician of one of the most conservative Insurance companies In America and have been accepted. It seems aufgeient evidence of the change that has taken place as a result of the use of Grape Nuts.i Name given by Postua Co.r Battle Creek, Mich. Get the book, "The Read to. WeilvII' in each pkg. A