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
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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.