TOE MORNING OREGONIAN, WEDNESDAY, FEBRUARY 15, 1903. FAILS TO GET OUT MULTNOMAH CLUB CHOOSES NEW DIRECTORS AND HONORS FOOTBALL MEN Suspected Lebanon BanditTries Habeas Corpus. 10 OFFICER AND LAWYER CLASH Persistent Efforts of Attorney Vatts to Consult Client Brings Stinging Reproof From Deputy Sheriff Lawyer Appeals to Court. J. A- Cronslcy, alias Harry Reynolds, one of the men held In the County Jail on suspicion of having been implicated in Ibe Lebanon Bank robbery, was brought before Judge George yesterday in re sponse to a petition for a writ of habeas corpus, sworn to by John F. Watts, attor ney. Sheriff Word, as a return to the petition, produced a warrant Issued by Justlce of the Peace Reld, charging Crosslcy. James Dunn, and A. D. Hen dryx, with attempting to conceal stolen property. The Sheriff also exhibited to. the court a number of pieces which have a. battered appearance. This, he ex plained, was caused by the effects of the explosion of the bank vault. This money, amounting altogether to $900, was ob tained from Mra Robert Schulze, wife of a. saloonkeeper at the corner of Second and Clay streets. Crosslcy was arrested at 313 Second street, which is close by this saloon. After examining the return of the Sheriff. Judge George ordered, the habeas corpus proceeding dismissed, and the prisoner remanded Into the custody of the Sheriff. "While the argument was in progress, "Watts, an attorney, and Deputy Sheriff Cordano engaged in a lively controversy In tho court-room. "Watts attempted to converse with the prisoner, when Deputy Sheriffs Downey and Cordano ordered him to desist. "Watts tried it a second time, and Cordano told him to quit or ho would knock his head off. Watts sprang to his feet and appealed to Judge George, saying in dramatic tones, "If tho court please, I don't think It Is right in a court of law for a deputy sheriff to tell an attorney he will knock Ills block off if ho attempts to speak to Jiis client." Court Takes No Heed. Judge George, who was talking with Sheriff Word, and had not noticed the scene between the officers and Watts, an swered: "1'ou will not speak to the pris oner until the court orders you to." "We warned him twice not to speak to him," said Cordano. Tho court did not notice this remark, aim DItchburn asked permission to con sult vwlth Crosslcy so as to prepare for the examination in the Justice Court, which must necessarily follow the war rant of arrest. Before granting the desired permission Judge George questioned Crossley. "Do you go under the name of Reynolds?" was asked. "I am called that sometimes; that is a nickname." "Have you an attorney?" "These gentlemen here represent me," alluding to DItchburn and Watts. "When did you employ there men?" "I can't say that 1 have employed them." "Do you wish to talk to them?" "I would like to." The court then made an order allowing tho attorneys to converse In his presence with the prisoner for ten minutes. Hopes of Further Captures. 'Sheriff Word states that he has been watching these men for six weeks. Kings ley and Rand, two of the gang who es caped and are supposed to have gone to Seattle, are still at large. Sheriff Word went to Seattle expecting to apprehend them, but returned yesterday morning empty-handed. Ho still has hopes that the local officers in the Puget Sound city will effect the capture. Dunn, Klngsley and Crossley are re ported to have been seen at Albany last Tuesday, and trainmen employed by the Southern Pacific Company say they ob served them. Hendryx is a father-in-law of Dunn, and told the Sheriff Dunn always had money, but never worked. Darland, another suspect who is in jail, was formerly a garmbler. POLICEMAN NO HORSETRADER Officer Kay Appeals to Court to Straighten Out Deal. Thomas Kay. a member of the police force, may be competent to guard 'the public peace, but he is not a success as a horsetrader. On April 20 last Kay con tracted with Mrs. Hassle J. Shane to purchase a band of 500 horses on a range near Bake Oven, Wasco County, for $5000. He paid $800 down, and on May 1 follow ing gave out 5400 additional. The balance was to be paid in special installments. Kay alleges that he was informed the horses were Morgan, Altamont and Clydesdale stock. After he made the deal and had some of the horses shipped here ho discovered they were mere scrub cayuses. Kay took H. A. Shane, a son of Hessle J. Shane, as a partner, and the two en deavored to dispose of the horses at a profit, but it appears they did not suc ceed in so doing. This is Kay's side of the story. Ho complained that he got the worst of the bargain and filed suit in the State Circuit Court against Mrs. Shane to recover 51200 he paid her and also $100 expenses. The case was on trial yesterday before Judge Sears. Kay tes tified that his partner, H. A. Shane, sold several of the horses and kept the money. Kay admitted that he sold a number of them to a man named Applegate for $500. Kay further said he could only find about 200 horses on tho range. Instead of 500. There was considerable evidence about money expended by Kay in keeping the horses and . other matters. Judge Sears granted a non-suit on the ground that Kay was not properly in court. He will probably bring a suit In equity for an ac counting and to rescind the contract. Mrs. Shane was not called upon to make a defense, but her attorneys, Bernstein &. Cohen, state that when the proper time comes they can show she acted fair In the transaction; that Kay never went over the range thoroughly to ascertain how many horses there were upon it, arid did not live up to Ills contract. WOMAN ASKS $15,000 DAMAGES Sues Street-Car Company for Injuries Sustained in Wreck. Suit for $15,000 damages, on account of personal injuries, was filed in the State Circuit Court, yesterday, by Alice Dow ling against the Oregon Water Power & Railway Company. The complaint recites that on November 4, 1904. at Sellwood, a car of the company was run through an open switch at Sellwood. colliding with a freight car and throwing the plaintiff, who was a passenger, from her seat and upon the floor of the car. She complains that her-spine was injured, her back and head bruised and her system badly shocked, and that she will never in the future be able to work or attend to any of the duties or affairs of life. Spencer & Davis appear as attorneys. HOLD-UP PLEADS NOT . GUILTY Young Drummond Thought to Be Playing for Light Sentence. James Drummond, who hold up L. D. Keyser, an engineer, and John Lowns- w..n. CHAWX. Photo by McAlpln. THE Multnomah annual election last night was a quiet affair. The can didates for the board of directors had been duly named by a nominating com mittee according to the custom of the club, and it was known that tho club is in good condition and does not need to have the members rally to its support. Tho meeting 'was a distinct contrast to the one of a year ago. It had been dale, on the Madison-street bridge, plead ed not guilty before Judge George yes terday. The time of trial has not yot been set. John DItchburn, attorney for Drum mond. says ho does not yet know what he will do in the case. He is awaiting a letter from the boy's mother in Colorado, which has not arrived. Drummond and Keyser had a duel with revolvers, Key ser refusing to be held up. Drummond was captured by Austin Maloney, a bridge-tender, as he was running away. It is said to be useless for him to stand trial, as the proof against him is over whelming, but his attorney desires to show that Drummond has led a good life in the past, and to get him off with as light a sentence as possible. The limit provided by statuto for both offenses is 30 years imprisonment in the peniten tiary. Is Willing to Support Child. Jacob Roscncrantz, whose divorced wife. Annie Hechtman, has had him cited to appear in court for refusing to support and educate their minor child, Sadie, as ordered in tho divorce decree, yesterday filed an answer to her peti tion. Rosencrantz says, in response, that he sent the child to St. Helen's Hall, and that tho sister superior de clined to keep her because tho child was too young and required more caro than could be given to her." Rosencrantz alleges that the only other institution of the kind in Portland is St Mary's Academy, and the sisters would doubt less refuse to take . his child for tho same reasons given at the other place. Ho avers that he Is willing to obey the decree of the court. The case will be passed upon by Judgo George. Farmer Lo6es" His Mind. John P. Anderson, who has gone crazy over religion, was arrested by Deputy Sheriff Cordano yesterday aft ernoon at the corner of Fourth and Taylor streets. The man was yelling at tho top of his x'olce and when ad dressed gave Irrational answers. An derson says he has lived here for 13 years and has .worked as a farmer. Ho . . . -J TTTlllttltll....,,..J,.,... . r :: " . '' '2 I I VIEW OF FOUNTAIN BETWEEN THE SUNKEN GARDENS, LIBERAL ARTS BUILDING IN THE BACKGROUND. J t , . iii....... 1 VAX 3. MOORE. bruited about before that occasion that there would probably be something un usual of one sort or -another. Those who came were fully satisfied, for Vice President H. H. Herdman, who presided, gave a stirring address, in which he urged the members to take active meas ures towards securing a much larger membership for the club and save it from any possible financial difficulties. Tho result of that speech was directly was locked up In the County Jail to await an examination by Judge Web ster. Will Admitted to Probate. The will of the late Burbery Westwick, of Oak Point, -Wash., was admitted to probate in the County Court yesterday. Tho property of the estate is valued at about $3000. and Is distributed by the will as follows: To Mrs. Charlotte York, Port land. $300; to Mabel York, a niece, lot 4, block 1. Eastland Addition, and lot 4, block 12, Sunnysldc. Tho rest and residue of the estate is devised to Thomas West wick, a brother residing in Ottawa. Mabel York Is named as executrix. Legal Jottings. Lee L-ung, tried 'and convicted Monday by a jury in the State Circuit Court, on a charge of smoking opium, was fined $50 yesterday by Judge Frazer. Inman, Poulsen & Co. liavo sued tho Standard Box Factory, In the State Cir cuit Court, to recover $105, balance due on account of spruce logs sold. Tai Fu, charged with having opium in h,is possession, pleaded guilty in the State Circuit Court yesterday, and. was fined $50, which was paid. A similar case against Jim Lee was dismissed. A case of assault and battery against Arthur Leader, appealed from Justlco Reid's Court, was dismissed by Judgo George yesterday, on motion of the Dis trict Attorney. . Joseph Leader and Au gusta Leader were engaged In litigation concerning property, and Arthur, their son, had a quarrel with his father, and the old man caused his arrest. The old folks have since been divorced, and have settled their property differences. Miners' Meeting Is Postponed. The meeting of the executive committee of the Miners' Association, which was to have been held last evening, has been postponed until Thursday evening. It is hoped that all the members of tho "com mittee will be present, as business of Im portance to the mining interests of the state will be considered. Kir y T:..3iHB A. S. ROTH WELL. Photo by McAlpln. respor.slble for the present good condi tion of the club's finances, and Indirect ly responsible for the poor attendance last night. For It was as clear as day that the club has been going through a period of prosperity when, like nappy countries, it hasno history. The only speech of the evening was made by President Dan J. Moore, who had the pleasant duty of commenting upon the various departments of the club and saying that they were all In CONTRACT IS LEGAL City Attorney Gives His Opinion on Bridge Extras. CITY OUGHT TO PAY THE BILL Mr. McNary Holds Executive Board Constructed Bridge Under Special Legislative Act Which Sus pends Charter Provisions. City Attorney McNary handed in an opinion to the Executive Board yester day afternoon upholding the legality of tho city contract with the Pacific Construction- Company for the expenditure of $50,000 for the construction of the Mor-' rlson-street bridge. The dec'iion sets forth that there are two .questions involved, First, whether or not the Executive Board must adver tise for bids for material .when It exceed ed the amount pf $250, as provided by the city charter. Second, whether or not the Executive Board was limited in the price of extras to the actual cost thereof with 15 per cent added for supercvision. eta. when the contract specifically stipulated "unless otherwise agreed upon." City Attorney McNary held that the Executive Board in constructing the Morrison-street bridge was operating under an act of the Legislative Assembly, which superseded tho provisions of the city charter In so far as the construction of C. 1 SWIGERT. good shape. He remarked, however, that football would be a better paying game. If it were not for the expense of the California trip. He also proposed that an Initiation fee be charged rein stated members, and that the general initiation fee be raised to $25. Following his speech, H. H. Herdman. chairman of the nominating committee, proposed . as the new members of the board of directors W. H. Chapln, Dan J. Moore, A. S. Kothwell, a F. Swigcrt the bridge was concerned. He recom mended that the bill for extras should be paid. SCAVENGERS MAY BE TAXED Ways and Means Committee Tries to Solve Garbage Question. Members of the ways and means com mlttco of the Council believe that they have found a solution for the garbage question. Funds with which to repair the old crematory and. erect a new re duction plant will be raised by means ot a tax. For every cubic foot of garbage consumed at the crematory tho scaven gers will be charged one cent. This will amount to about 30 cents per load. While the burden of the taxation will thus rest on the scavengers It will be In tho nature of an Indirect tax upon the citizens, for as soon as the scavengers are obliged to pay the fee they will charge extra accordingly. This plan was suggested at a meeting of the ways and means committee, and the committee will now meet with the Board of Health to complete the details of the scheme. It is estimated that 100 loads of garbage a day will be consumed at tho reduction plant this year netting a sum of about $11,000, sufficient to make the garbage plant self-sustaining. ME. MORTON MITCHELL SHOWS APPRECIATION. ARLINGTON CLUB, Feb. It. 1905. D. Chambers, Esq., Portland Dear Sir: I must express to ydu before leaving Port land the amount of satisfaction and the amount of relief I am experiencing with the "new eyes" you have given me. I have had eyeglasses ground for me in London. Paris, Berlin, Vienna. Venice (Waldsteln's brother, another member of same family In Vienna), and even New Yon. I have never yet had the comfort that I "stumbled across" in far-away Portland. Or. I have to thank you. and do thank you. Very sincerely. MORTON MITCHELL. It would appear from above that Port land has In Its midst a man at the top. J. W. HOLMES. and J. W. Holmes. It was then proposed that the secretary be instructed to re cord a unanimous ballot and the motion was adopted. At tho end of the evening little gold football pins' marked "Northwest Championship, 1904" were presented to the members of last year's football team. A special loving cup was given by the directors of the club to Chester G. Murphy for his able work in coach ing the team to victory. WEDLOCK IN DOUBT Indian Marriage Custom Is Questioned in Court, REDSKINS AT LAW OVER LAND Umatilla Squaw Seeks Control of Property Left by Brother and Claimed by His Squaw Says Wife Was Renounced. A case which involves the legality ot Indian tribal marriage customs was filed in the United States Court yester day with Wa-lits-pum, an Indian woman, as complainant and the United States and Tse-lap-tse-lap as defend ants. While the suit is brought to re cover lands deeded by the Government under the allotment act, the award of tho court will be based on the legiti macy of tne Indian marriage laws, where man and woman enter Into wed lock much after the fashion of the old Scotch commop-law marriage. The complaint filed states that Wa-llts-pum is a full-blood Indian wom an, a member of the Umatilla tribe and a resident of the Umatilla reser vation. She seeks to recover lands in the reservation which were owned by Sook-kop-up-kop-up. her brother, now deceased, and asserts her claim under the right of inheritance as the sole sdr vlvlng relative The complaint alleges that the de fendant Tse-lap-tse-lap also claims and 50x100 on'Sbuth Side of Glisan street, betnreei Sixth and Seventh. Street improved; cemet sidewalk; excavated for cellar. Fine location for a hotel. Easy terms. Apply to . M. LOMBARD, 514: Chamber of Commerce. holds possession of the property undT the contention that she was the wife of Sook-kop-up-kop-up. To disprove this the complainant describes at length the Indian custom of marriage in whim man and woman were united simply b the declaration of the man that lie hud taken the woman as his wife. Sh states further that the duration of tills marriage was entirely dependent upon tho husband and could be disavowed at the will of the male. The complainant alleges that during a certain period Tse-lap-tse-lap was, according to Indian usage, the wife of Sook-kop-up-kop-up. but that prior to his death in 1S07 he had renounced the defendant and that she is therefore not entitled to par ticipate In the tstate of the deceased. The Government enters into the con troversy by reason of still retaining a trusteeship over the lands until full patent Is Issued as provided in the allot ment act. OUT LATE BUT NOT A HOLD-UP Deputy Sheriff, Accused of Robbery, Fined on Minor Charge. When the case of Deputy Sheriff H. T-J. Dodson. charged with holding up William Addison, was called in the Municipal Court yesterday morning, the complain ing witness failed to identify the defend ant as the guilty party. Judge Hogue or dered him discharged. The court, how ever, thought that a charge of drunken ness and being out after hours ought to be made, and instructed the officers to that effect. The prisoner was lined $10 upon the latter complaint, and the one of being drunk was continued Indefinitely. New Grange Hall Dedicated. PARK PLACE, Or.. Feb. 14. (Spe cial.) The fine new hall of Abernethy Grange was dedicated at this place Sat urday by State Master B. G. Leedy. as sisted by State Secretary Airs. Jtary S. Howard. E. P. Carter, master, was present to welcome the state officers and visitors from other sections. Tin dedication services were conducted by State Master Leedy. Addresses were delivered by Mr. Leedyk Secretary How ard, Captain J. T. Apperson. Judge Will lam Galloway and others. In the after noon, following the dedication of tho hall, the following programme was ren dered: Song. Mrs. Bernier; reading. Miss Casio; recitation. Miss Bessie Ingram; solo. Miss Bertha Rivers; song. Miss Georgia Cross. Supper was served, and at the evening meeting 20 candidates were balloted for. and seven were given the first and second degrees by State Master Leedy. Promise to Keep a Close Watch. Insecure fences and an inability to guard too many prisoners was the excuse offered Judge Hogue In the Municipal Court yesterday morning by Guards Hulme and Fred Mallett. for allowing Bon Darwin to escape while a prisoner at the rockplle. Tho investigation lasted nearly two hours, and at the conclusion the guard promised to watch the prisoners more carefully and to see that the fence was put in good condition. COLDS, CAUSE SORE THROAT Laxative Bromo Qulnln. world-wide Cold End Grip remedy, remove: the cause. 'all for full name and look for f Ignature. R. Grove. i!S" ' SCOTT'S EMULSION Scott's Emulsion Scott's Emulsion Scott's Emulsion Scott's Emulsion Scott's Emulsion the old story, told times without number and repeated ever and over again for the last thirty years. But it's always a welcome story to those in need of strength and health. There's nothing in the world that stops wasting diseases as quickly as Scott's Emulsion. W'j'll send jffa a sample, free SCOTT & 30 WNE, oj Pearl Street, Nc York. If you had to live Qn at single food you could not find a better one than Ghir ardelli's Ground Chocolate. It is the most appetizing combination of nutriment and flavor ever known. Delicious for cakes and pastry.