Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 17, 1904)
THE- MOKNlJNtt OJUStfONIAtf. SATUBDAYt DECEMBER 17,.. 1904. 11 SHERIFF TO DO IT Motion to Have Coroner Serve Venire Overruled FRAZER GIVES HIS REASONS 8ays It Would Be Reproach to Sheriff to -Say Because He Has Per formed His Duty Once He Shouldn't Do It Again. "It would be a reproach to the 3heriC to tay that because he has performed his duty In one particular, he Is disqualified from performing it in another." Those remarks were indulged in by Judge Frazer yesterday in refusing to ap point the Coroner to serve a special venire for jurors to serve in the trial of Fred Fritz on a charge of conducting a gam oling game on July 21 last. Ed Mendenhall and S. C?. Spencer, attor neys for Fritz, asserted that the Sheriff was prejudiced and the court responded that the Sheriff had a Tight to be preju diced to the extent of prosecuting and en deavoring to obtain convictions where the" law had been violated. Thore were three Jury trials In progress and the list was exhausted in the Fritz ase after five Jurors had been chosen. District Attorney Manning asked for the Jssuanco of . special venire, when Mr. Mendenhall arose and opposed the per forming of this duty by the men In the Sheriffs office. The attorney commenced reading an affidavit to the effect that the sheriff had engaged in numerous gambling raids, and was prejudiced and very desir ous of obtaining convictions. He not only took charge of the Port land and Warwick Clubs," said counsel, "but he closed up their saloons as well." "That happened long after this case started." interrupted Judge Frazer. "and has nothing whatever to do with this case." Mr. Mendenhall continued to argue his point and read from a decision of the Su preme Court In the case of the State of Oregon vs. Savage, to show that the Sher iff was disqualified and the Coroner or an elisor should draw the extra men needed. Judge Frazer again Interrupted to say that the decision referred to did not sus tain the position of the counsel, but was entirely to the contrary. In denying the motion, Judge Frazer said there was noth ing to show in what manner the Sheriff was prejudiced against the defendant. The statute makes It his duty to prosecute gambling and makes It his especial duty to do so whore he has reasonable grounds to believe the law has been violated, and he is guilty of a misdemeanor if he does not do sq and liable to punishment "But he has said that he wanted to see this man convicted," objected the attor ney. "That does not matter. If the Sheriff arrests a man whom he has reason to believe is guilty of a crime he would de sire to see him convicted. When a Sheriff is enforcing the law it is an Implied re proach to him to take the service of the venire out of his hands. I look at the matter In that light. I do not think that the Sheriffs efforts to carry out the law to which the Legislature has directed his particular attention should disqualify him from performing- other duties. The mo tion is therefore denied and the venire will be served by the Sheriff." In the absence of Sheriff Word, the mat ter was placed in the hands of Under Sheriff Morden, who called Deputy Sher iffs Cordano and Morcland to assist. In ; the afternoon the jury was completed and ' is comprised as follows: Phil If eu, J. H. Fox. Fred Emily. R. W. Reynolds, Delos D. Ueer, J. H. McBride, Ed Glos, M. Li. Curry, Ira Powers,- C. C. Cllne, J. T. Wilson and G. W. Gordon. SUES FOR DAMAGES. John Kerns Wants $10,500 for Per sonal Assault Last August. The trial of the suit of John Kerns against George Milger, John Baum, Ja cob Hartung, A. Baum, George Wolf and Philip Schmidt for $10,500 damages for personal assault was commenced before Judge Sears and a jury yester day, and will be concluded today. On August 5 last the defendants are said to have engaged in a saloon row in a place on Failing: street. Qn comlrfg- out of the place they are alleged to have attacked Kern and beat him severely. Milger struck Kern on the head with a rock, and he says the others beat him with their fists. Kern's skull was mashed In and the surgeon removed 19 pieces of broken bone from the wound. Milger was recently convicted of a criminal charge growing: out of the same affair. John F. Logan and Robert Galloway appear as counsel for Kern, and M. L. Pipes for the defense. FOSTER AND BUSH ACQUITTED Jury Finds Them Not Guilty of Mur derous Assault. A verdict of not guilty was returned by te jury yesterday morning at 9:30 o'clock in the case of Theron Bush and Guy Foster, who were charged with striking Leigh Tracy with a beer glass. The Jury was out all night and stood nine to three for acquittal. They reachod an agreement sOortly before court convened. The majority of the Jurors appear to have favorably considered the evidence given by the defendants, who . bear good reputations, as against' -the evi dence given for the prosecution by Thomas Peterson and Fred Fay, hack men, and Tony Arnaud, a North End saloonkeeper. TO DECIDE CASES. Judge George to Render Several Im portant Decisions. Judge George will decide the following cases: Brandes vs. Silverfield. motion to strike out parts of amended complaint; Gold schmidt vs. City or Portland, motion to make answer more definite and certain; State vs. Nease, demurrer to indictment; Ireland vs. Vreeland, demurrer to com plaint; Dicky vs. Jackson, demurrer to complaint; Bartlett & Palmer vs. Church, demurrer to answer; Henderson vs. Word, demurrer to mandamus petition; Sarneul Wagner vs. City of Portland, motion to make answer of Councilman more definite and certain; Piggott vs. McClung et al.. motion to make complaint more definito and certain: Aiken vs. Tifft, motion to make complaint more definite and cer tain; Seed vs. Jennings, motion to strike out part of complaint: Harvey vs. Deep Rlver Logging Company, motion to" make complaint more definite and certain. TESTIFIES AGAINST FATHER. Seven-Year-OId Girl Important Wit ness in Criminal Suit. Little Mildred Ward, scarcely 7 years old. was called in Judge Cleland's Court yesterday to testify against her father, M. A. Ward, who was on trial on a charge of having abandoned his wife, Mrs. Carrie Ward, and having lived with one Julia Heaviland. Mrs. Ward is prosecuting her husband. She was disqualified under the statute from giving evidence against him. so an attempt was made to obtain the desired proof from the child ny Deputy "District Attorney Haney. The little miss was timid, but spoke up after a little encouragement. She remembered living with her father after her parents had separated. An attempt was made to fix a certain date, and she was asked If It was a little before Christmas. She afc once answered that her papa had given her .such a pretty doll at Christmas. "Mildred," .said Mr. Ditchburn, upon cross-examination, "did your mother tell you what to say?' "Yes, sir," she replied. "Did your uncle, Mr. Kinney, tell you what to say?" "Yes, sir." .But the child, when questioned further, by Mr.-'Hanej- said she knew what it meant to tellthe truth. The trial wilt' be concluded today. Ward says he sepa rated from his wife over a year and a half ago and gave her most of the per sonal property. He denies the charge against him. May Sue Sheriff Word. Reports are current that Mike Solo mon, who says he is the owner of the saloon attached to the Portland Club rooms, will sue Sheriff Word and certain members of the Municipal Reform League foreclosing the place and confiscation of his property. The saloon was closed when the Sheriff decided that pools on races were being sold in the room back of .the saloon, which is contrary to law. It Is doubtful if the Sheriff can be held liable he has been notified by representatives of states and by individual exhibltonr that they will not accept diplomas with out ' the signatures' of President Carter, of the National Commission. Hfr states that charges ot bribery and fraud, sup ported by affidavits, have been made by several exhibitors, and that tho National Commission will insist on Investigation concerning' the charges. FILL EAST WASHINGTON. Pacific Construction Company to Push the Work at Once. 1 - East- Washington street Is to be filled up at once between Union avenue and East First street by the -Pacific Coast Construction Company, which has the contract for the work. The filling will be done wili dump cars, and yesterday morning a force of "men commenced grading for a spur Qn East Washington streets between Grand and Union avenues to connect with the line on Grand avenue. A curve will be laid from East Washington.. and dirt will be brought in from North Mount Tabor over the Consolidated Railway Com pany's Mbntavilla branch. A tempo rary elevated roadway has been built on East Washington to East Third street on which to lay track, and this part will be filled up first, Joplin & Co. have tho contract to FRED FRITZ AND TWO OF HIS COUNSEL mum maf.dr Tur - . th under his bond In such a civil action. Ed ward Mendenhall, S. C Spencer and W. M. Davis, attorneys for Solomon, refused to discuss the matter. Court Notes. John E. Morson was granted a divorce from Pearl E. Morson by Judge George because of desertion. In the suit of John Ditchburn and John F. Watts against Michael Plertier to re cover ?300, attorney's fees, the jury in Judge Sears' -court returned a verdict In favor of the plaintiffs for $175. Edith Williams was divorced from C. H. E. Williams by Judgo George yester day because of infidelity on the part of the defendant. The litigants were mar ried in Portland, December 27, 1903. Mrs. Williams owns a millinery store in Grass Valley, Or. Smith says his wife deserted him and came to ' Portland where she lived an Immoral life and the children were taken from her by the Boys' and Girls' Aid So ciety. Smith also says his wife falsely accused him of consorting with one Mamie Summers. James F. Smith has filed an answer to the suit of his wife, Eudora E. Smith, for a divorce, in which he donies that she and their children sometimes had nothing byt potatoes to eat, and suffered for want of food. He avers that prior to 1894 they lived at Tillamook, where he was engaged In making posts and cut ting wood and doing all things he could find to do to support and care for his family, but was not at all times able to meet their demands for money. TO DOWN GRAFT AND GRAFTERS Massmeeting Will Be Held In Mar ,quam Theater Tomorrow. "Honesty in municipal government. Down with graft. Enforcement of tho law," is the slogan of tho citizens' mass meeting to be held tomorrow afternoon at 3 o'clock at the Marquam Theater, and the house will probably be crowded to the doors. Catholic Protestant and Jewish clergymen wUT pit together on the same platform, the list including 100 represent ative - business men of tills city. Arch bishop Christie, Rev. J. W. Brougher, Rev. E. L. House, Rev. F. B. Short, Rev. G. C Cressey and others. Addresses, each of a few minutes' dura tion, will be given by N. L. Blagcn; chair man; Rev. Father Thompson. Samuel Connell. Rev. Stephen S. Wise, R. W. Montague, Rev. A. A. Morrison, Rev. E. P. Hill. Robert Livingstone and William C. Gibson. The latter is a traveling man who was prominent in electing Sheriff Word, and will journey from Pendleton to attend the meeting. Thore will be mu sic from an orchestra, and from the Cho ral Union of male voices from the First Presbyterian Church. In order that all church people may get opportunity to attend the meeting there will be no meetings tomorrow afternoon In any of the city churches, and the usual Sunday afternoon meeting at the Young Men's Christian Association will be omit ted. There will be a" special meeting of the committee In charge of the work at the Y. M. C. A. rooms this afternoon to perfect the arrangements. The determin ation to hold such a meeting grow out of the lectures on citizenship recently dellv red here by Jacob A. RHs, of New York City. '04 Fair Trouble Complicated. ST. LOUIS, Dec 16. Laurence Grahame, secretary of the National World's Fair Commission, in a statement issued in re sponse to a request for information as to the controversy over the Louisiana Purchase Exposition awards, says that make the filV between East First and Water, and have already' dumped con siderable dirt there. It Is estimated that it will take about 60,000 cublo yards to fill up the entire street, ac cording to an estimate made by W. B. Chase, former City Engineer. WJ.tu flat-cars the fill can be made in a short time. On the top of the embankment a plank roadway will bo laid. The contract for filling up East Wa ter street between Hawthorne avenue and East Oak street will also soon be let to the Oregon Water Power & Rail way Company, which agreed to do the work for 12 cents, on consideration of getting a franchise for a track on that street. LEAP TO ESCAPE FLAMES. One Girl Killed, Two Fatally Injured, Score Hurt in Ohio Town. PORTSMOUTH, O., Dec 16. OnegIrl was killed, two fatally injured and a score of others hurt from jumping from the second and third-story windows dur ing an explosion which wrecked Lloyd, Adams & Simpson's toy pistol factor here today. 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. SPECIAL TODAY We have made up a special as sortment of chocolates-.11 fresh and pure. Ten varieties of creams, nuts, fruits, jellies and marshmallows, with overcoats of high-grade chocolate. To induce early buying we will sell them at: 25c lb. Today Only Not more than four pounds sold to one person and put up In paper bags only. Our stock of Xmas sweets Is now complete and early purchasers will receive attention Impossible to give during our later rush. Candies parchaaed now will remali la perfect condition for Xmu. We make this a guarantee. SWETLAiND & SON 273 Morrison St. NO CONNECTION WITH ANY OTHER STORE BEARING OUR NAME. GET THE RIGHT PLACE. WOODARD, CLARKE & CO. IMPORTERS I I is not surprising that Monday sales thus tar exceed greatly those ot previous years. This country is truly prosperous and those who have been favored by fortune feel that this is indeed the year and the season to generously remember all those who are en deared to them. The wide range of our Holiday lines make shopping at our store a pleasant and Gasy task. Our patrons tell us our exhibit of Christmas goods this season surpass all others in beauty, artistic merits and practical value. Then, too, our prices arc right. We don't keep you waiting for your packages or change. Our salespeople know their business and don't bore you to death. Glance over this page there are suggestions for everyone. Don't forget a Camera for the boy or girl get an Ansco today We'havemade Picture - Mak a delight to thousands -of Portland boys and girls, and today have the largest and best line of Cameras o n this Coast. Any parent can put a per fect picture maker in chil dren's stockings- at our prices Baby Ansco No. 1 $1.00 Baby Ansco No. 2 $2.00 3x3& Ansco $5.00 Eoldins Pocket Anscos.,,813 and ?17 Remember, when we sell a Cam era, our work only begins. We teach our customers every point show them every stop In picture-making- from start to finish. FIRST FlhTS. DEVELOPED FREE. The 1905 Annual of Photography just received 75c GOLDFISH AND AQUARIA 25c and 50c Goldfish Food, box....." 10c . FOUNTAIN PENS $2.50, $3.00, $5.00 We are agents for the Genuine Wa terman and Conklln's Famous Self Fllllnff Pens. Fountains Pens bouRht from us are exchangeable if desired. SAFETY RAZORS Gillette. $5.00: Star, $2.00; Gem, $2.00. SHAVING- SETS In Ebony, Cellu loid and leather Stag. GOc. ORMOLU CLOCKS Perfect timekeepers, new and artis . tic designs, $1.55, $2.75, $3.50, $5.00. Make Your Home Beautiful These Perpetuated Palms Nover fade or die require no at tention are always fresh and at tractive. Compare these prices with the greenhouse plants, which need constant care. Our Palms are all potted. Prices Two feet high 50c Three feet high 75c Forty-five inches high.... ...0c Tree Palms from.. $3.00 up to $12.00 BENARES BRASS TRAYS, PLAQUES, CANDID STICKS AND VASES. FINE FRENCH PERFUMES - Our display of Perfumes is; abso lutely complete. All well-known makes are represented by their lat est and best creations. The Per fumer's art has changed greatly, during the past decade; delicate, lasting Perfumes have replaced the strong1, persistent pomade extracts of earlier days. Our exhibit of Holi days packages In CUT-GIiASS Bohe mian Ware, Austrian Court Boxes, Swiss Baskets, is well worth see ing. All our Perfumes sold at pop ular prices. THISJS A PRACTICAL TYPEWRITER Not a toy. Just what your boy or girl wiil enjoy. It's astonishing how one of these little letter writ ers Improves a child's spelling and punctuation. Three sizes, all good: No. 1, $1.00. No. 2, $20. No. 3, 85.00. See our daily demonstrations. Nothing so satisfactory as a nice piece of leather. It's always accept able, and -sve have the goods. Quality, variety, good taste and. originality mark our selections. Suit Cases, Traveling Ba&s. Dress ing Cases. Card Cases, Billbooks, Wallets, Purses and Pocketbooks. in full grain, seal, alligator, pigskin and elephant. CUT GLASS What can be more practical or at tractive than our Quakor City Cut Glass? Awarded highest medal at St. Louis. Our designs are new, exclusive and artistic. Our nrices have made this department famous i nna nave piaceu America s nnest ;ut Glass upon thousands of tables. SEE THE MAN stamp your name In gold on leather. Dont Forget the Doctor He'll Appreciate one of those Physician's' Instrument Bags in fine grain, seal, from. $2.75 up to 912.50. Silver-cased Fever Thermometers, S3 .50 5 plain, $1.50. Remember the Faithful Nurine with one of our handsome Boston Bags, in fine leather finish, $4.75. From the land of the Mikado Japanese Bronzes. Brasses and Carved Ivories. We are closing our entire line at half price. A FINE STEREOSCOPE And one dozen Views, 75c. Make your own selection. Ebony Toilet and Dressing Sets Hair. "Hat. Cloth. Nail and Tooth Brushes. Art Pottery, Teplitz and Louwelsa Ware Handpainted Porce lains, Bronze Statuettes. AMERICAN WATCHES Each one warranted to be good timekeepers. 5-inch Nappies, "Priscilla' design. for $1.50 Spoon Trays $2.95 Ice Tubs ..SS.05 Water Jugs $5.05 $-1.50 8-inch Bowls Starlight de sign. $3.05 Celery Tray Princeton cut. $1.05 Bonbon Dishes Hamlet de sign. $7.00 Finger Bowls Set of six. $1.85 Knife -Rest. Our assortment is complete. Crilibuge Boartlx and Domlnoti, 25c. S5c, $1.25, $1.75. Souvenir IMaylnjc Cnrdn Lewis and Clark designs $1.00 Direct importations from the cele brated perfumers, ROGER & GALLET NEW ODORS Bouquet EarglHIere. Aronita, Fco dall, Veneedor, SnntnHa. . Rcve Fleurt Andrometln. ED PiNAUD'S Bouquet Iartheni, Velleda Lau-rlnnne. Our telephone, Exchange WA HI is - a a & w u - Kl . I v IO ""- -" . The kind little Johnny can chew ,cke .? teL,k 2?? without fear of colic. Dolls. Dog", Stem Winders $1.50 Lions aid Tigeni Tongue Balls. Microscopes 35c to $13.00 PHOTO ALBUMS Reading Glauses 45c to $4.75 Not old time-honored devices, a,f-i. m nr.f. but new, attractive, up-to-date de- PLAYING CARDS slens from the tiny Stamp Album at 35c to the full seal and hand- Wlth Oregon, Washing and Alaska etched bindings at$4.75. We burn Views. your name on leather Albums FINE STATIONERY ee' We have some of the handsomest SOUVENIR POSTALS Box Papers ever shown. Every Burnt Leather and Oregon Woods package a work of art. The boxes of the LeWia and Clark Fair. 2 for 5c when empty make appropriate Col lar. Handkerchief and Cuff Boxes. Raffia and Rattan New lot just reT OREGON "VIEW PAPETERIES celved. all colors, package 10c Each envelope and notehead bears a photogravure of Oregon scenery. The nvr game Competion and Box , 27c Snooks 50c 1 1, with four trunk lines and extensions to every depa service. We accept Canadian money at full value. PIVER'5 l Ambre Ducal, Sufranor, Gul Nou veau, Le Trefle. Violet (Vee-o-Xuy), Au ICnd.Hum, Bouquet Farnese, Ani bre Royal. SACHETS ' Delicate, Lasting, fragrant, Safranor, Ambre Royal, 3e Trefle, Wood Violets, Indian Hay. TOILET SETS For ladies and gentlemen. Not an old style or idea in our rich dis plays of ebony, silver, celluloid leather and staghorn. Prices for every purse. STATUETTES IX BRONZE.. Reproductions of the old masters. A great range of subjects. - - Teplitz. the famous Austrian Pot tery, In Vases, Urns and Stationary- SHAVING SETS SMOKING SETS Every woman appreciates and en Joys a TRIPLICATE MIRRORS Oiu ,pv wen rnensi h- ntrod all that, and our Beveled French Plate Mirrors, in Flemish oak. ebony and gold frames are today within the reach of every one. Our ilirrors aro all construct ed to hang or stand. 90c, $1.40, $lJ0o, S3.75, $5, ?S, S1-.50. tment, stands for instant Woodard, Clarke & Co., Importers Wr? REPAIR1 ANDtrJCOVER, WE have on Special Sale all of our finest Umbrellas, Whips and Canes, which gives you the privilege of select ing a gift from the finest stock on the Coast, at sale prices. ALLESINA'S UMBRELLA SALE OINLY SEVEN t. - t DAYS MORE FINE UMBRELLAS AT JUST THE PRICE OF THE . HANDLES FACTORY PRICES FOR UMBRELLAS Our regular retail prices arc factory prices, because our silks come direct from the loom to us. Our handles are bought in large quantities from the maken. From these materials we make up umbrellas that will give the most wear, as well as neat appearance, for the price paid. This enables us to retail umbrellas on a factory proftt, for we use only our retail help and storerooms for manufacture. OUR UMBRELLA SALE PRICES Our prices during .this special sale are considerably less than our regular retail prices, be cause last Summer we made up many fineumbrellas of all qualities from $1.50 to $50.00 each for our Fail trade. The weather was so fine during the" Fall months that we did not sell half of the goods. made up. We cannot afford to let them get old on our hands, so for the few days before Christmas we are selling them at just the price of the handles. If you call and see them you are almost sure to buy at least one or two. Yesterday we sold as many as three and four to a single customer. STORE OPEN EVENINGS 286 WASHINGTON ST. ALLESINA TWO FACTORIES STORE OPEN EVENINGS 309 fVlORRISON ST.