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