Morning Oregonian. (Portland, Or.) 1861-1937, December 15, 1904, PART TWO, Page 12, Image 12

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Land-Fraud Cases Are
Government's Prosecutors
Surprise the. 'Court, .
Report That Testimony Wanted by
Federal Attorneys Will Be Pro
duced Before That Body and
Evidence Be Complete.
Something Is-srolng to happen, but just
what no one knows except the agents of
the Government, and they -will not tell.
The land-fraud cases pending in the Fed
eral Court have been postponed until the
next term, which will place them on trial
about April 1 next, and the Federal grand
jury has been called for Monday morning
at 10 o'clock. And that Is all the satisfac
tion that the public will get for a time at
least; perhaps It will know more in a day
or so, after the grand Jury, sitting up in
Its little room In the Postofllce building,
commences to separate the sheep from
the goats.
The first land case was a source of sur
prise and sonsatlon; the second is a mat
ter of conjecture. It ended before it be
gan, and no one has come forward with a
solution of the puzzling move on the part
of the Government. Judge Bellinger called
the court to order yesterday morning at
30 o'clock. Mr. Honey arose In his place
and made a vory short speech, Judge
O'Day had a word to say, and the session
was over.
'For reasons entirely satisfactory to the
Government," said Mr. Heney, "but which
the Government does not wish to disclose
at this time, I would ask that the cases
now pending be continued until the next
term of court."
Judge Bellinger looked up at the celling,
and then down at Mr. Heney.
"It will be so ordered by the court,"
he said.
Judge O'Day asked about the disposi
tion of Guy Huff, who was unable to fur
nish bonds and had been in jail. It was
decided that Mr. Hurt could arrange his
bonds, and that all of the defendants
would be allowed their liberty until such
time a"s the next court conveyed, or until
those under conviction should be sen
tenced. Judge Bellinger allowed the attorneys
for the defense. 40 days In which to file
their motion for a new trial and their
bill of exceptions. The time was made so
long owing to the mass of evidence taken
in the former trial which had to be
transcribed before the motion and bill
could be woll prepared.
It Is the custom of the court that no
sentence shall be passed until after the
motion for a new trial "has been submitted
to the court and decided upon. If that
procodont Is followed out, the defendants
will receive no sontence for their former
tonvlction until after the end of the 49
days, after which time they will. In all
probability, be allowed to go, pending the
result of their appeal.
The reason for the continuance at this
time is a puzzle to all. Tho Government
was entirely ready to proceed with its
case, the defense was ready for trial, the
Jurymen had been summoned and tho wlt
nerseu are here. At first it was rumored
that the Government had found that the
points of previous conviction and ac
quittal which, according to the argument
of the defense, formed a bar to further
proceedings undqr the plea that such
prosecution would place the defendants
twice in jeopardy .for the game offense,
had been well taken, and that the prose
cution had come to the conclusion that it
could not convict. This argument was
Ecouted at, and the fact was called to
xnlnd that the court had ruled against tho
plea of the defense.
The next supposition was that the Gov
ernment had received instructions from
"Washington to delay the prdceedlngs for
some unknown reason, but this was de
ailed by the Government attorneys. Mr.
3Ieney made the following statement He
"There were some important matters
that I lesire to take up with the United
States grand Jury before I leave here,
and besides it is absolutely necessary
for me to be in San Francisco on Im
portant private business January 3. and
2 must also bo in Washington, D. a, the
second week in January In connection
"with the Hyde-Dlmond case, which is
to bo argued before the United States
Supreme Court at that time. Tho trial
of the pending case promised to be as
Jong as the last one and would have thus
prevented me from keeping my other en
gagements. The attorneys fqr the de
fendants consented to a continuance for
the term in consideration of the Govern
ment making some slight concessions in
referece to the bonds given by defendants
In the ponding untried cases.
"Of course, for obvious reasons, it would
be Improper for me to give any intimation
as to the matters which I expect to pre
sent, to tho grand jury for its considera
tion." The concession referred to by Mr. Heney
was in regard to the bonds of Guy H"uff.
The dofondant is now under J4000 bonds in
the forgery case filed against him, but
was in jail in default of 52000 bonds asked
to Insure his appearance ' in the con
spiracy case, which was to have been
commenced yestorday. The Government
consented to allow the bond of 54000 to
cover both cases, -and Huffr was released
during the afternoon.
The reason for the postponement is, per
haps, that there are to be developments
from the meeting of tho- grand jury which
will have to do with the cases now under
consideration. The -evidence In the former
trial brought to light things which will be
submitted to the jury, and it is the com
mon supposition that other evidence has
been unearthed In the search for ma
terial ti be laid before the Jurymen.
Neither Mr. Heney nor Mr. Hall, for good
reasons, will say anything about the ques
tions that tho jury will have to settle.
They say, however, that they are impor
tant, and from all circumstances it is con
jectured that, whatever they are. they
bear a very intimate connection with the
cases now at Issue.
Mr. Heney will remain in Portland until
after Ihe grand Jury has been made ac
quainted with the questions which he
wishes them to consider. He will leave
here In time to reach San Francisco on
January 2. and will go from that city to
"Washington to assist In the argument of
the Hyde-Dimond case. It is not his in
tention to return here until the opening
of the March term of the Federal Court,
when he will again take tho lead In prose
cuting the charges against Putor, Ware,
McKinley. et al.
Judge' Bellinger has adjourned the Cir
cuit Court until Monday and has excused
the Jurors until that date.
Policeman May Be Suspended
Breach of Discipline.
Patrolman Thompson will probably be
called before Chief of Police Hunt today
to explain why he refused to obey an
order of Captain Moore, and why he
eharply criticised Captai nMoore's actions
in releasing May Brown on bajl Tuesday
Captain Moore's order was for Police
man Thompson to make a detailed report
of the arrest of the Brown woman. It
was delivered to Thompson by Captain
Bailey, because Captain Moore was ill
and was obliged to leave the central sta
tion in command of Captain Bailey.
"I made a sufficient report of the
case when I arrested the woman, and I
shall not make any further report,"
said Policeman Thompson, when Cap
tain Bailey delivered Captain Moore's
order to him. lt she had not been re
leased on bail. I' should have done so.
but I do not consider it necessary now
to make a more detailed roport."
Policeman Thompson then left the
station. The matter is under consider
ation by Captain Moore and Chief of
Police Hunt, but the outcome is" in
doubt. As already published, Miss
Brown made serious charges against
Thompson when brought to the sta
tion, declaring1 him to have arrested
her at the ruqur-st of .dissolute men and
women, "particular friends of his," as
she put it. She also stated that Thomp
eon constantly declines to arrest other
such men and women, of whom she said
there are scores on the officer's beat.
Policeman Thompson is the only of
ficer who has not been shifted from his
beat during the two years of Cblef Hunt's
regime. AH the others have been
changed about, some frequently. Thomp
son has fleldom made arrests, although
Policeman White, having the beat of days,
has succeeded In bringing in many men
and women and having them convicted
of serious offenses.
Captain Moore called Policeman Thomp
son's attention to this fact in a severe lec
ture before the first relief Sunday morn
ing, and It Is believed this greatly an
gered tho accused patrolman. It fe thought
this had something to do with his refusal
to. obey Captain Moore's order of Tues
day night.
Many .School-Children Join Interna
tional League.
The pupils of the Mount Tabor,
Glencoe and Montavllla schools were
addressed yesterday by Rev. Wallace R.
Struble, general superintendent of the
International Anti-Cigarette League,
who made four lectures during the day.
Great enthusiasm prevailed among: tho
young folks and many accessions to
the league were made.
Arrangements are being made for a
public meeting to be held in tho Fres
byferlan Church of Mount Tabor tomor
row night at 7:30, at which time the
election of officers of the league will
be held, and addresses wilt be delivered
by the league superintendent and oth
ers. Special music will be rendered
also. The members of the league for
Montavllla will meet in tho basement
of the school building after school to
morrow for the purpose of electing, and
Installing officers.
The Denver & Rio Grande scenery Is
even more beautiful in Winter than Sum
mer. Travel East -via that line and spend
a day In Salt Lake City.
After serious Illness Hood's Sarsaparilla
Imparts the strength and vigor so much
: 7 r.... ........ 9
;: GUY FOSTER AND THERON k" iiattlft I .8 Wfr V "
:: bush, who are on trial .'v 7 fytfWMm siMfc ''
Guy . Foster and Theron Bush
Face Serious Charge,
Two Young Men, Accused of Fractur
' Ing Skull of Leigh Tracy With
Blow From Beer Glass, May
Yet Be Convicted.
Speechless almost from the effects of
a blow -upon the head with a large beer
glass. Leigh Tracy testified In Judge
with a dangerous weapon. Tracy was
struck down at Fifth and Davis streets
on the evening of October 14. He was
Frazer's court yesterday against his as
sailants. Guy Foster and Theron Bush,
who were on trial on a charge of assault
taken to the Good Samaritan Hospital
for treatment, "and for nine days ho was
in an unconscious condition, and it was
feared he would not recover. Ho then re
gained his senses and recovered slowly
from the skull fracture. The shock to the
brain and nerve has Interfered with his
speech, and Tracy now can articulate but
very Imperfectly, and It Is difficult to
understand what he says.
The evidence showed that it was Foster
who wielded the beer glass. It was a
large stoln glass, holding 16 ounces.
Foster and Bush are both young men,
and shlnglers. The former resides with
his parents at University Park, and Bush
lives on Michigan avenue, in Alblna.
Relatives of the accused were present in
the courtroom, and also relatives of
Tracy. Deputy District Attorney Moser
was assisted -by George J. Cameron as
private prosecutor, and the 'defendants
were represented by Ogllsby Young, J.
M. Long and Alex Sweek as counsel. As
a defense, an attempt will be made to
prove that Foster and Bush were at
tacked bv a number of men and beaten
about the head and face; that Tracy
was concerned In the melee, and some one
of his own crowd fractured his skull, and
not Foster or Bush. In his opening
statement to tho Jury. Ogllsby Young ad
mitted that his clients had visited a num
ber of saloons and drank beer, and
among other places were In the Elegant
saloon, at the corner of Fourth and Ever
ett streets. Foster bought a large beer
glass in one of the saloons visited, hav
ing become attracted to it as a curiosity.
The evidence of the prosecution divulged
that the trouble started In tho Elegant sa
loon, which is kept by Tony Arnaut. He
testified that Foster and Bush came to his
place twice within an hour under the
influence of liquor, and Foster carried a
large beer glass under his arm. On their
first visit he sold them a glass of beer
each, and the second tlmo they came he
refused them because they had too much
already. They threatened to clean the
place out, and were disposed to quarrel.
Ho called on Police Sergeant Hogeboom.
Fred Fay and Joseph Peterson, Lack
man and Tracy were In the saloon. The
latter called to collect a bill for the
Fashion stable, vby whom he was em
ployed. Sergeant Hogeboom testified that he
called at the .saloon, and warned Foster
and Bush to be quiet and to leave the
place. Foster had the largo beer glass
spoken of.
The real story, of the affray was told
by Thomas Peterson. He testified that
Bush and Foster picked upon Fay and
called him. vile and Insulting
They walked up Everett street to Fifth
from the saloon, and alonr toward Davis,
and came to blows. Fay struck both Fos
ter and Bush, and then ran away, saying
he did not want to get arrested. Tracy
and Peterson were behind. Aa they
neared Bush and Foster, Tracy started
to light a cigarette, and Foster, without
provocation, struck Tracy with terrific
force on the head with the beer glass.
Tracy fell to the ground and bled pro
fusely from the nose and mouth, and
also from the wound on his head. The
witness said he called for assistance, and
the patrol wagon came. Another man saw
the blow inflicted, but did not wait around,
and did not give his name.
Tracy told the same story about the
beginning of the trouble. He spoke with
difficulty, but succeeded in making the
Jury understand him, and created- a good
impression. He said Far knocked Bush
down twice, and Foster once, and then
ran away, crying that he did not desire to
'be arrested. Foster then slipped behind
Tracy and struck him on the head with
tho beer glass.
Fay corroborated the evidence of the
fight given by Peterson and Tracy, and
what led up to It He did not see Tracy
struck down, having run away before It
happened. There was also evidence that
the defendants endeavored to pick a quar
rel In front of the Elegant saloon with
a boy named Brandt, who came along on
a bicycle Jailer Llllls and Captain
Bailey also testified. The trial will be
concluded today.
Grand Jurors Want to Get Through
and Attend to. Private Matters.
It Is reported that Larkln Russell, one
of the members of the grand jury, desires
to finish up the business on hand as soon
as possible, so as to get back to his
farm and attend to his personal affairs,
but some of the members desire to pro
long the session to tho end of the month
or longer. John M. A. Laue, another
grand juror, would doubtless like to
wind up the matters on hand with as
much celerity as possible, so as to be in
his store during the rush of the holiday
trade. The grand jury has worked faith
fully, meeting at 8 o'clock In tho morn
ing and adjourning at 5 o'clock with, an
Intermission at the noon hour. The cases
requiring attention of the grand Jury
are said to have been nearly all Investi
gated. Yesterday City Auditor Devlin had an
other session with the grand Jury, and had
with him certain records. Several mem
bers of the City Engineer's department
wero also witnesses, and Al Wohlers-.
Detective L. C. Hartman appeared before
tho grand jury. It is said. In the Coon
arson case. C. W. Miller, attorney, was
called in the Tanner-Creek sewer mat
ter. Some of his clients are reported to
have bid on it.
Yesterday morning In the hallway out
side of the grand jury room, loud voices
could be heard inside, and rumor soon
was that the members were mixed up in
an argument, and that a spirited difference
existed between them. Some guessed that
it related to tho conduct of city affairs,
for the reason that the grand Jury has
paid more attention to city matters than
anything else for over a week past.
What it really was all about will prob
ably remain a deep-dyed secret
Michael Piertier, Recluse of St. Hel--ens,
Is in More Trouble.
"I cleared Charles Meehan on criminal
charges four times 'testified John F.
Watts beforo Judge Sears and a jury yes
terday. "He is in jail now, isn't ho?" asked
Judge Moreland, the opposing counsel.
"He is in jail' responded Watts.
The case on trial was the suit to recover
$300 attorney's fees of Watts and John
Ditchburn against Michael Pierter. the
aged recluse of St. Helens, who eloped
with Mary Robinson, a 14-year-old girl,
last Summer. Pierter was charged with
seduction, and was kept in the Multnomah
County Jail for safe-keeping at the re
quest of the Columbia County authori
ties. There he was met by Watts, and
he signed a contract employing Watts and
Ditchburn to defend him. Dlllard & Day,
attorneys at St. Helens, were attending to
Plerter's case, and he says that his con
tract with Watts and Ditchburn was
that they were to appear as additional
counsel only with the consent of Dlllard
& Day. They did not consent This is
admitted on both sides, except that Watts
and Ditchburn do not concede that those
were the terms of the written contract
They say they made trips to St Helens
for Pierter, arranged .to obtain a $5009
bonds for him. and performed a lot of
work, for which they want pay.
Judge Moreland, counsel for Pierter, in
his opening speech to the ' jury, said
Charles Median, a prisoner In the County
Jail, advised Pierter to employ Watts
and Ditchburn, referring to them as the
greatest lawyers that ever happened on
earth. The trial will be concluded today!
Files Suit for Divorce.
Edgar D. Earnest, who says his wife,
Edna M. Earnest, has falsely accused
him of unchastity and adultery In the
presence of divers, and sundry .persons,
yesterday filed suit against her in the
State Circuit Court for a divorce. They
were married in Portland on February 17,
1902, and have one child, a girl a year
and a half old.
Court Notes.
An Indictment was returned by the
grand jury yesterday against Harry
Jone3 charging him with larceny of
money, a gold watch and other articles
belonging to J. W. Vogan in a house at
523T Lovejoy street, on November 27, 1904.
George Melger, who fractured the skull
of 'John Kern with a rock on Failing
street near Union avenue, in August last,
was found guilty by" a jury in Judge
Sears' court yesterday. The affair was
the result of a row in a saloon on Fall
ing street near Union avenue, and Kern
took a hand as a peace-maker. Sentence
has not yet been pronounced, and a mo
tion for a new trial may intervene.
In the suit of Maude TIfft against
Arthur P. TIfft for a divorce, and in. the
suit of Maude Tifft against her mother-in-law,
Joan C. TIfft, for 520,000 damages
for alienating her husband's affections, a
stipulation between the parties allowing
the defendants until December 17 to an
swer was filed In the State Circuit Court
yesterday. Mrs. Maude TIfft Is now living
with her parents, Mr. and Mrs. F. S. Akin.
Yesterday, before Judge Cleland and a
jury, the trial wa3 begun of tho suit of
A. L. McFadden against J. B. Tlllotson,
a contractor and bridge builder, for $10,400
damages for false arrest and imprison
ment McFadden was employed by Tll
lotson as a bookkeeper, and also traveled
some in his Interest He says he was to
receive ?2 per day and expenses. He drew
a check in his own favor for a balance
alleged due, and Tlllotson caused his ar
rest on a criminal charge for so doing.
McFadden was tried and acquitted in the
State Circuit Court, and the case at that
time was gone into very fully on both
sides. He then sued Tlllotson for dam
ages, alleging; in his complaint that Tll
lotson was actuated, by malice In bring
the criminal charge. The trial will be
concluded today.
Wind Storm Plays Havoc With Elec
tric Wires Throughout City.
A strong wind, accompanied by an ex
traordinarily heavy, downpour of rain, pre
vailed for several hours last night in
Portland, and although the damage wag
not heavy, considerable inconvenience was
experienced by telephone and telegraph
companies' and the fire department
Seldom, has there been such a fall of
rain. The streets were running rivers
and while the storm lasted there were
very very people, comparatively, who
cared to venture out So far as. reported
to the police and ambulance stations,
there were no serious accidents.
Electrical displays were furnished at
Union avenue and East Morrison street
when a wire broke and started a fire, and
at Eleventh and Morrison streets, where
wires got crossed and started trouble.
Brilliant strings of fire sputtered and
darted about while the wires were crossed
and the sights were witnessed by those on
the streets and from buildings. All wiree
were reported promptly by the policemen
on the various beats, and linemen were
dispatched at once to make repairs.
An electric light pole was blown down
at Gantenbein avenue and Beech street at
9 o'clock and the circuit was dark until
after 11. Several other light circuits were
impaired for short periods throughout the
Crossed wires caused the bell at fire
headquarters to tap several times, calling
the horses and men from slumbers, but
there wero no fires as a result of this
The lines of the Pacific States Tele
phone &. Telegraph Company were im
paired slightly, but the officials stated
that no serious Inconvenience was experi
enced. The telegraph companies had some
trouble, but nothing very serious.
Along the water-front the etorm. raged
fiercely and several small boats were
roughly dashed about A few rowboats
were filled with water and others wero
At 10 o'clock the storm was at Its height
The wind blew a gale and the rain fell In
torrents, but at 11 o'clock not a drop was
falling and there was a calm.
Center Addition, Mount Tabor, Pre
fers Annexation to Portland.
Center Addition, in North Mount Tabor,
which 13 Included in the boundary lines of
the proposed "City of Mount Tabor," will
oppose Incorporation. At two public
meetings recently held in the church and
In the store or M. A. Barton, it was unan
imously resolved to fight any effort to
bring that territory into the new city. In
order to carry out the resolution a remon
strance was drawn up and has been gen
erally circulated and signed against Incor
poration. M. A. Barton, a- business man
of Center Addition, says that as far as he
can judge the people of that'district are
unanimously opposed to incorporation.
"If we are to bo taken into any incor
poration," says Mr. Barton, "we want to
bo taken Into Portland, and shall fight
incorporation to the bitter end. Wo. want
none of it in ours and can sco no good
in tho movement"
H. W. Hodges, of the Mount Tabor Im
provement Association, and a strong ad
vocate of incorporation, says:
."W must do something out here. We
have the bost suburb around Portland, but
are not moving forward. The city don't
want us, and the county won't spend any
money on our roads without great urging,
and so we must do for ourselves. If the
opposition will allow our charter to go
through te Legislature It will then come
to a vote at the polls, where every man
can vote for or against the measure, and
we shall have to stand the result"
New Weather Stations for Port Or
ford, Bonlta and Mill City.
Having received the approval of tht
Chief of tho Weather Bureau, District
Forecaster Edward A. Beals is now pre
paring to establish subweather stations
at Port Orford, Curry County; Bonita,
Lane County, and Mill City, Marion
County. Instruments for these now sta
tions are now on the way and as soon
as received actual work of observation
will begin.
The stations at Bonita and Mill City
will be of especial service to the local
weather bureau, since they are located
on the west slope of the Cascade Moun
tains, and will bo In a position to fur
nish accurate information from whloh
can be determined the changes that
take place in rainfall and temperature
with a rise of elevation.
At present practically all substations
of tho local bureau are located In the
valleys, and there are really but two
stations of high altitude, those at Gov
ernment Camp and McKenzie Bridge
Tho establishment of the new stations
at Bonita and Mill City will therefore
greatly aid 'in the work of the official?
The United States Government by concurrent ac
tion of the House and Senate has appropriated $475,
000 for the support and maintenance of this Exposi
tion. The Oregon State Legislature has authorized
the expenditure of $450,000 for erection of buildings
and arrangement of suitable exhibits. Portland's
people have subscribed $475,000 for laying out of
grounds, work of maintenance, etc. Altogether ap
proximately $3,000,000 will have been expended on
grounds, buildings and arrangement of displays be
fore the gates of tle Exposition are opened to the pub
lic on June 1 next.
The site of the Exposition is perhaps the most
beautiful of any grounds occupied by previous
world's gatherings sof this kind. The site commands
a view of the City of Portland, of the beautiful Wil
lamette River, which flows through the city, of the
most beautiful expanse of landscape in America, and
of the lofty snow-capped peaks of the Cascades that
have made Oregon famous. Portland is the commer
cial and financial metropolis of the Pacific Northwest,
and it is the most attractive city of the continent.
The transcontinental railroads will offer to the
people of the East during the time Portland's Exposi
tion will be opened next year the lowest round-trip
rates ever offered between Eastern seaboard, points,"
the Missouri River and the Pacific Coast. Portland
offers all the advantages of an ideal Summer resort.
Many Eastern people of wealth and refinement now
regularly make their Summer homes here. During
1905 the great railroad systems of the country will be
taxed, to their fullest capacity in efforts made by the
management of these roads to handle properly the
great passenger traffic that will be turned towards
Portland. The scenic beauties of the Alps do not
compare with the great attractions of the Siskiyous,
crossed by the Southern Pacific Railroad lines be
tween Portland and San Francisco, or of the matchless
mountainous districts crossed by the lines of the
Union Pacific system, the Northern Pacific or the
x Great Northern that connect Portland with the big
cities of the East and Middle West.
Will be published on Monday, January 2, next. It
will be all 1905 Fair. Every building erected
by the state, the Eair Corporation of Portland and by
the Government, will be shown exactly as it will ap
pear when finished, by faithful and attractive illustra
tion. The historic account of the Lewis and Clark
journey across the continent under the direction of
President Jefferson; of the wonderful development of
the territory embraced within the limits of the orig
inal "Oregon Country" during the century now near
ing a close and of the opportunities of this same coun
try for future rapid growth, an account that will be
made a most important treatise in the New Year's
Oregonian for 1905, will command world-wide atten
tion. Every feature of the Great Fair will be fully
covered by trained writers.
The New Year's number for 1905 will be mailed to
any address in the United States or Canada, postage
prepaid, for
Letters containing remittances and orders should
be addressed to
Portland, Oregon.