Morning Oregonian. (Portland, Or.) 1861-1937, May 19, 1905, Page 14, Image 14

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    4 If
Hm uomsma xmrnomA, feiday, vat is; -1905.
BEGINNING OF
UMELINS TIL
Councilman Accused of an At
tempt to Bribe, the ex
City Engineer.
DEFENSE IS TECHNICAL
With the Penitentiary Staring His
qilent in the Face 'Attorney
Wood Says. State Will Be
Shown Courtesy.
VL, E. Rumelln. City Councilman and
money-broker, was on trial yesterday be
fore' Judge Sears. Rumelln Is charged '
with havlnj? offered W. C. Elliott, for
merly the City Engineer, a bribe In con
nection -with the Front-street bridge contract-
Seated close to his attorneys, C.
E. S- TVood and James Gleason, Council
man Rumelln -watched the progress of ob
taining the Jury that was to pass upon his
guilt or innocence with an Interest that
spoke volumes. He chewed nervously
upon a quill toothpick. His forehead
showed a furious frown at the eye
brows, which puckered into a deep wrinkle
that seemed to grip the gold bridge o his
eyeglasses In a manner that gave his face
a harsh expression.
Glances at Each Juror.
From under his overhanging eyebrows
he gave quick and penetrating glances at
each juror as he was called to the jury
box and sworn. The examination of the
veniremen was done by Attorney Gleason.
Rumelln seemed to know many of them,
and often during the examination he
would frequently lean over and whisper
suggestions to Attorney Wood, who, in
turn, would suggest questions to be asked.
When It camo time for the noon adjourn
ment, "five jurors had been selected, and
shortly after 3 o'clock the last of the
12 men were selected. Deputy District
Attorney Bert Haney presented the case
to the jury for the state. He recounted
the story ol the alleged offer of bribery
to Elliott, who was then City Engineer,
of how the original contract for the work
to be done on the Front-street bridge was
let to J. J. Maney, acting for the Pacific
Construction Company, of Everett, Wash.
He explained in detail how Councilman
Rumelln, when he learned that Maney
had been awarded the contract, had gone
to Elliott and demanded to know If there
wasn't some way in which the bid could
be thrown out. Attorney Haney stated
to the jury that It was while Rumelln
was endeavoring to find some flaw with
the Maney contract mat he, Rumelln, had
told Elliott that there was $5000 that would
be divided.
Statement lor Defense.
Following Attorney Haneys statement
to the jury, C. E. S. Wood presented his
side of the case. He began by stating
that an absolute denial would be made of
all the charges by the state, and called
the jury's attention particularly to the
time which had elapsed between the time
that the alleged bribery was attempted
.and the time that the charges were filed
with the District Attorney. Attorney
Wood dwelt at considerable length upon
the fact that It was Rumelln who had in
troduced in the City Council the resolu
tion which called for the investigation
that developed the Tanner-Creek sewer
scandal. While Mr. Wood did not say
that Elliott's charge against Rumelln was
spltework, it was clear that he brought
out this fact to suggest that the bribery
charges against Rumelln was spltework.
Attorney Wood told the jury that the rea
son that Maney was anxious to get rid
of constructing the Front-street bridge
was because he, Maney, had discovered
he had underestimated the work, and that
he learned that the city would make its
payments in warrants that Maney would
have to cash at a great discount.
Auditor Devlin a Witness.
City Auditor T. C. Devlin was the first
witness called, and the trial of Rumelln
was on in earnest- The conviction of R.
M. RIner, a conviction that will have a
salutary effect upon contractors and oth
ers who have been using the city govern
ment as a fruitful field of graft, seemed
to attract a great deal of attention, and
Judge Sears' courtroom was filled with
curious people. They were disappointed
If they thought the trial would go swing
ing on. for District Attorney John Man
ning had hardly put his first question to
the City Auditor before Attorney Wood
was on his feet with an objection. Mr.
Manning had asked the witness what po
sition he held with the city government.
Attorney Wood objected to the question
on the grounds that it was not proper
testimony. He demanded that Devlin pro
duce his certificate of election. This point
was overruled by the court. This was
just the beginning of the objections that
Attorney Wood was to make during the
brief examination of Devlin. It was evi
dent from this that the attorneys for the
defense were going to make a purely tech
nical battle of the trial.
This point showed plainer when Mr.
Manning attempted to offer as evidence
the entire proceedings of. the Executive
Board in connection with the Front-street
bridge. Mr. Manning first wanted to offer
in evidence the original resolution of the
board. Attorney Wood objected to this,
and his objection was sustained by the
court. The attorney for the defense de
manded that if auch evidence was to be
offered it must be certified copies. Mr.
Manning informed the court that such
copies had been made, but were not
signed, and requested permission of the
attorneys for the defense to bo allowed to
make use of the mass of original docu
ments until the certified copies could be
produced. The request met with a prompt
refusal by Attorney v ood, who said
Will Show Xo Courtesy.
"I am not disposed and will not show
any courtesy to the state in this case.
"I dimply asked to be allowed to
do this." said Mr. Manning, "in order
that the trial might not be delayed. It
Is not an unusual request. Other at
torneys have permitted such things."
"I don't care what other attorneys have
done," remarked Attorney Gleason with
some show of spirit. "If other attorneys
try cases in a slipshod manner, there is
ho reason why we should."
This remark seemed to settle matters,
for Mr. Manning asked for a recess so
that th certified copies might be pro
duced. After waiting some time, court
was reconvened in order to permit Whit
ney L. Bole, who was ill and wished to
-go home, to testify. Like Devlin 6 test!
mony, Mr. Boise's testimony collided with
a snag in the form of objections by the
attorneys for the defense.
Deputy District Attorney Haney, who was
conducting the examination, had asked the
witness If he knew whether the Executive
Board had kept & record of a certain
discussion which the Board had held about
the letting of the Front-street bridge con
tract. Mr. Befee said that he believe
not. Attorney Woofis objected to the
anstf&r secfjiee the aaswer was net posi
tive. Mr. Haney attempted to. have the
tMtixwy awwUe with the prevuies.
if it was not borne out by the testimony
of City Auditor Devlin It would he strick
en out.
Wood Proves Obdurate.
Judge Sears tried to straighten out the
tangle, but Attorney Wood was obdurate.
"I will not permit such testimony to go
before the jury." he said, "no matter If
it Is stricken out. The mere fact that It Is
stricken from the records docs not mean
that It will be fonrotten by the jurors.'
Then turning and pointing to Rumelln he
continued: "Nothing but the penitentiary
stands before this man, and I am not
making any concessions."
This broucht the first day's proceedings
of the trial to an abrupt end. Judge Sears
announced from the bench that It was
useless to attempt to examine Mr. Boise
any further and he adjourned his court
until 9:30 o'clock this morning.
The Rumelln case was assigned - to
Judge Sears by Presiding Judge Fraxer.
As soon as the assignment was made C.
E. S. Wpod attempted to have the case
postponed. Rumelln's chief counsel stated
that he had been unable to navo J. J.
Maney, -one of his .principal witnesses,
present. Maney was in Seattle and At
torney Wood wanted time In which to
bring him to Portland. District Attorney
Manning objected to the delay. Mr. can
ning informed the court that he knew
what Maney would testify to because
Maney had been before the grand Jury.
Attorney Wood contended for the post
ponement, but Judge Sears denied the
motion on the ground that tho attorney
for the defense had offered no statuory
grounds for postponing the trial.
The Jurors who will try toe case are:
Albert Brlx. merchant. 40 Front street;
William Price, marine engineer, 161 Knott
street: W. M. Taylor, furniture dealer.
ICS Grand aveune: Al Cleveland, merchant,
Gresham; J. L. "Vestal, druggist, 2M Ca-
COUNCILMAN RUMELIN, WHO IS ON TRIAL FOR
AND HIS ATTORNEYS
JAMES GLEASON.
ruthera street; Carl Abendroth, retired
rancher. 180 Caruthers street; Edwin C.
Johnson, .Portland Seed Company; New
ton P. Thompson, real estate dealer.
Lents; Charles H. Thompson, ticket
broker. Mount Tabor; Henry A. Beldlng,
Jeweler. 96 Nebraska street; Dr. "W. Cake,
414 Eleventh street, and A. Apach, grocer.
G3 North Third street. All of the juror?
are Republicans except Apach, who is a
Socialist.
BASIS OF A WILL CONTEST
Disposition of Reed Fortune Depends
TJpbn Residence of Testatrix.
The argument on the contestof the will
of the late Amanda "W. Reed will begin
before Judge Webster In the County
Court this morning. -by Judge Gibson, of
Los Angeles, and William M. Gregory for
the contestants, and Joseph Simon and
M. L. Pipes In support of the will. The
amount which the heirs who are contest
ing the will expect to receive from the
estate Is about $400,000. Mr. Gregory yes
terday made the following statement of
the case:
The contest is made upon the ground that
Mrs. Heed at the time of her death was a
resident of the State ot California, and not
of Oregon, as stated in the petition and or
der for probate of the will; and this Is the
question now on trial, and to be argued to
morrow and Saturday.
The due execution of the will is not at
tacked, nor Is undue Influence, or want of
.mental capacity alleged.
It is a general rule of law that the validity
of a will is as to real estate governed by the
law of the place where the real estate lies,
but as to personal property by the law of
the domicile of the testator.
In California there is a law making void
charitable bequest in excess of one-third of
the estate of the decedent. The object In
establishing the fact that Mrs. Heed was a
resident of California is In order that this
California law may apply so far as the per
sonal property is concerned.
The total value ot the estate appraised In
Oregon is In round numbers: Real prop
erty 5800.000: personal property, (000,000;
total. $1,400,000.
There Is directly Involved then, ir we
make no deductions for expenses ot admin
istration or non-charitable bequests, two
thirds of $600,000. or $400,000. The non
charltable bequests amount to about $240,500
and the executor's fees will amount to about
JS0.000.
It will probably be contended that the
legacies and expenses ot administration
should be paid out of the personal property,
and Jf that be the rule adopled there would
be received by the contestants from the
estate inventoried In Oregon In case of ulti
mate success somewhere in the neighborhood
of $120,000.
I should add that It Is contended on be
half of the executor that the common law,
according to which the law of the domicile
Eoverns the validity of wills so far as per
sonal property Is concerned Is not the law
In Oregon, but ha been changed by stat
ute: but m I understand It that question
will be raised later when the question of the
distribution of the funds of the estate is be
"fore the court.
In view of the fact that the number of
residents of Oregon who own property In
California Is greater than the number of
Callfornlans who own personal property in
Oregon, it may be of interest to you to know
that the California courts have expressly de
cided that the validity or non-validity of
wills of personal property situated In Cali
fornia, but left by a non-resident decedent
Is controlled by the law of the domicile ot
the testator.
Suit Over a Lease of Property.
A, Pastel complains that Berlin E- Da
vis and Ella Davis, who leased him a
dwelling-house at 3S3 Twenty-fifth street.
between Thurman and Upshur, have since
leased the front yard to other persons
Pastel yesterday filed a suit against Mr.
and "Mrs. Davis to enjoin them from so
doing. Pastel alleges that he leased the
property this present month until "No
v ember 1 next, paying $399 for the prlvi
lege. Davis and his wife, he avers, have
since leased the front yard to one Hart
and others, who have begun the erection
of bw 1 Wings, to which Pastel objects, as
it wiH sfc ut off the light from the win
ws. The property is situated near the
Expeeitisn grounds, a ad U valuable !er
ED
Bailey Gatzert Will Be Run as
Excursion Boat.
DAILY TRIPS TO LOCKS
Big Steamship Rapallo Arrives to
Load Lumber for Calcutta.
Cunard Liner Caronla
Is Floated.
The steamer Bailey Gatzert will be run
this Summer as an excursion boat be
tween Portland and Cascade Locks, mak
ing dally round trips- The through busi
ness to The Dalles will be looked after by
the other boats of the Regulator fleet.
'X large force of men were at work on
the Gatzert yesterday at the Alder-street
dock getting her in shape for thescason's
service. AH the steam connections of the
new boiler have been made and steam
will be raised this morning to test It
About all that remains to be done to the
steamer Is to cover the boiler and lay
C. E. S. WOOD.
the carpets In tho cabins. The furnish
ings are all In and the painters and deco
rators have completed their work.
The Gatzert will be ready to go Into
commission not later than June L It is
the intention of General Manager Camp
bell, at the start, to run the steamer to
Hood River. This service will continue
until the berry season is over, the boat
making a round trip dally. After that she
will go on her new Summer schedule,
leaving Portland for the Locks at S:30
A. M- and returning at 5 P. M. There Is
no doubt that during the rush months of
the Summer the Gatzert's capacity will
be taxed to the limit in carrying Pair
tourists on the scenic route.
RELEASED FROM THE SHOALS
Cunurder Caronla Is Again Safely
Afloat.
NEW YORK, May IS. After lying for
SS hours firmly embedded in the sandy
bottom of Flynn's Knoll, the shoal 3&
miles off Sandy Hook, the giant Cunard
liner Caronla was floated today, just as
the wreckers were beginning to lose hope
that the steamer would be released unless
a portion of her cargo were removed. As
the big ship glided into deep water and
swung slowly half around, apparently
uninjured by the mishap, a cheer went
up from the passengers, who tiad been
involuntary prisoners almost within sight
of the New Tork docks since Tuesday
last. They had begun to chafe under
their prolonged stay on the sand bar, and
many had almost abandoned hope that
the voyage would be continued without
t.e further annoying delay that trans
shipping would involv,-
The Caronla came off the shoal with
her stern pointing out to sea, and at once
started to steam back toward the city.
It was supposed that this was because
the narrow, ship channel did not afford
sufficient room for the big steamer to
swing around, and It was believed that
she would run up to Gravesend Bay and
once more turn her nose toward the sea
and again begin the long-delayed voyage
acrofs the Atlantic. On arriving at the
entrance to the Narrows, more than a
mile off Sea Gate, the Caronla stopped
and for some time lay still, without at
tempting to turn. Whether her hesi
tancy and return was due to some Injury
not apparent above water line was not
clear. 1
The Caronla struck on the bar during
the dense fog, Tuesday afternoon. The
steamer was passing out of the main
ship channel through the thick mist when
another big liner and a- coasting schooner
loomed up in the fog almost in her path.
In his effort to avoid a collision, the Ca
ronla's pilot ventured too near the shoals
and the steamer ran hard and fast
aground.
THREE STEAM - COASTERS SAIL
Lumber and General Cargoes for
California Ports.
Three steam coasters got away last
night with full cargoes for the South.
The Redondo sailed for Ran Francisco
carrying 500.000 feet of lumber, 400 tons of
wheat and 100 tons of barley. The South
Bay is bound for the same port with
475, COO feet of lumoer. The Northland
goes to San Pedro and carries S30.000 feet
of lumber. The steamer Aurella will sail
for San Francisco tonight.
The steamer Alliance has arrived from
down the coast bringing 313 tons ot lum
ber and produce from Eureka and 26 tons,
from Coos Bay.
RAPALLO ARRIVES FOR LUMBER
Big Steamer Will Take Part Cargo
Here for Calcutta.
The big British steamship Rapallo,
Captain R. Hey, arrived up early yester
day morning and was berthed at Inman,
Poulsen & Co-'s mill, where she will be
gin loading lumber this morals, She will
take on l9a.6C9 feet here for Calcutta aad
altacsargs &a4 Ft Satat jc
MM
she will complete her cargo with a ship
ment for Shanghai.
The Rapallo made the ma across from
Mojl to the Columbia. River la IS days
and without incident- The weather was
generally fair. Daly one vessel was
sighted on the trip and Jt was passed In
the night. The Rapallo is less than two
years old and Is a finely equipped cargo
carrier. She was" launched at Hartle
pool and carried her first cargo from
Nordcnham. Germany, to Savannah.
From the Georgia port she went to New
York, loading there for Shanghai. Dis
charging her cargo at the latter port
she proceeded to Mojl for coal and then
came across to this side.
UXIOX OF LONGSHOREMEN.
Three-Day Session lias Begun at
Seattle.
SEATTLE, Wash.. May IS. The conven
tion of the Sailors' "Union of the Pacific
and the Independent Longshoremen com
menced Ita three days" session in this city
this morning with representatives from
"Eureka, Cal.; Portland, Or., and all the
cities around Pugct Sound present- The
morning was devoted to the" objects of the
convention and to the advantages to be
gained by the consolidation of the two
bodies Into one organization. In 'the af
ternoon committees were appointed as fol
lows: Resolution, rules and order of busi
ness, and permanent organization.
The object of the convention Is the con
solidation of both organizations in order
that they may be in a position to success
fully combat the efforts of the Interna
tional Longshoremen"s Association to pre
vent the sailors from handling cargoes
while their vessels' are In port. The trou
ble between this latter organization and
BRIBERY CHARGE,
CHARLES E. RUMELIN'.
the sailors has been waged more or less
fiercely for the past two years, during
which time several independent longshore
men's unions have been organized with
charters granted them by the Federated
Trades. These unions have sided with the
sailors In the dispute with the Interna
tlonal Longshpremen's Association.
FINISHING ORIENTAL STEAMERS
Ferndene and Nicomedla Are About
Ready to Sail.
me steamer ferndene did not com
plete her cargo yesterday as was ex
pected. Three hundred tons of flour are
on the way from Tacoma to find a place
In the vessel's hold, and when this last
lot is stowed away, which will probably
be tonight, the 'steamer will be ready to
leave down the river.
The Portland & Asiatic Company Is
making an - effort to get its liner Nlco
medla away by Saturday night. The
steamer will not sail with a full cargo,
owing to the subsidence In the Oriental
flour demand.
Logan Brings Cavalrymen.
SAN FRANCISCO. May 18. The trans
port Logan arrived from Manila and Nag
asaki today, bringing home the Thirteenth
Cavalry, after two years' service In the
Philippines.
On board were two Brigadier-Generals
W. S. McCaskey, who has been In charge
oi tne post or Manila, and goes to Denver
to take command of the Department of
Colorado, and General F. V. Robinson,
who was Lieutenant-Colonel of the Thir
teenth, and was recently promoted hnd
retired.
Just after leaving Nagasaki, Eugene
Ward, a member of the steward's depart
ment, was found dead in his berth. There
were Indications of chloral poisoning, and
it is thought the unfortunate man took
an overdose of the drug, through mistake
or with suicidal Intent.
Captain Simpson Congratulated.
ABERDEEN, "Wash., May IS. (Special.)
The barkentlne Chehalls will probably
leave the lower harbor tomorrow In tow
of the tug Astoria, for "Willapa Harbor.
The Astoria was In the harbor yesterday,
but did not start back at once, as was In
tended. Captain Edgar Simpson, of the
Chehalls. has been the reel pent of many
telegrams from relatives and friends con
gratluatlng him on his safe return
Grain Freights Dull.
SAN FRANCISCO, May 18, (Special.)
Grain freights are inactive. Shippers are
out of the- market until the new crop
can be definitely counted upon. Ships are
asking 23s, but an offer of 2Ca 6d would
probably result in business.
Marine Notes. '
The schooner A- F. Coats yesterday
cleared for San Pedro with SOO.OOO feet" of
lumber.
The stcarae Homer, chartered by the
lighthouse engineers, will sail from Port
land, June 1, with supplies and mechanics
for Alaska light stations.
The schooner Buelah is returning from
San Francisco to load lumber for that
port-
Domestic and Foreign Ports.
ASTORIA, May IS. Condition of the br at
3 P. M., moderate; wind northwest, weather
cloudy. Arrived at 6:33 P. M. Steamer
Roanoke, from Saa Franclaco. Arrived
down al 4 A. JC Schooner Endeavor. Sailed
at 5 A. H. Steamer Elmore, for TIIlaiHoelc
Sailed at 6:M A. M- Steamer Toledo, for
Gray's Harbor. Lett tp at 3 P. M. Schooner
"Virginia.
San Francisco. "Mar IS. Sailed at 3 P. "M.
Steamer AawtdeR. for Portland. Sailed at
P. M. Steamer F. A- KUburn, for Port
land. Sailed Sekeoaer Bovtah. for Fortiaad;
Khoeaer diaries WUmfi. for Gray" Harbor;
chooser GeMe, for Gray's Harbor; steaater
G. C U4a.er, for Gray a Harbor; teaaer
Saata Barbara, for Seattle. Arrive Si
c Lac Xrem
THE DISCOVERER
Of Lydia E. Pinkham's Vegetable Compound, the
Great Woman's Remedy for Woman's Ills.
No other female medicine in the world has received such widespread and
Unqualified endorsement.
No other medicine has such a record of cures of female troubles or such
hosts of grateful friends as has "
Lydia E. Pinkham's Vegetable Compound.
It will entirely eure the worst forms of Female Complaints, all Ovarian
Troubles, Inflammation and Ulceration. Falling and Displacement of the
Womb, and consequent Spinal Weakness, and is .peculiarly adapted to the
Change of Life.
It has cured more cases of Backache 'and Leucorrhcea than any other rem
edy the world has ever known. It is almost infallible in such, cases. It
dissolves and expels tumors from the Uterus in an early stage of de
velopment. Irregular, Suppressed or Painful Menstruation, Weakness of the Stomach,
Indigestion, Bloating, Flooding, Nervous Prostration, Headache, General Debil
ity quickly yield to it. Womb troubles, causing pain, weight and backache, in
stantly relieved and permanently cured by its use. Under all circumstances it
invigorates the female system, and is as harmless as water
It quickly removes that Bearing-down Feeling, extreme lassitude, " don't
care" and " want-to-be-lef tralone " feeling, excitability, irritability, nervous
ness. Dizziness, Falntness, sleeplessness, flatulency, melancholy or the " blues"
and headache. These are sure indications of Female Weakness, or some de
rangement of the Uterus, which this medicine always cures. Kidney Complaints
and Backache, of either sex, the Vegetable Compound always cures.
Those womeif who refuse to accept anything else are rewarded a hundred
thousand times, for they get what they want a cure. Sold by Druggist
everywhere. Refuse all substitutes.
T
Theaters Have That Right,
Says -Judge Frazer.
COLORED MAN LOSES SUIT
Brought Action Against the Star
Theater, hut Court Holds That
Playhouses Have .Right to
Exclude Either Race.
A theater ticket is a revokable license,
and the purchaser can be refused admis
sion and the money paid for the ticket
refunded. The purchaser Is also entitled
to receive his expenses, such as car fare,
hack fare, or other necessary expenditure
Judge Frazer rendered this decision yes
terday In the suit of Oliver Taylor against
S. Morton Cohn, manager of the Star
Theater to recover J5000 damages. Taylor
Is a colored man and Is a Pullman car
conductor. The Star Theater refused to
allow him and his friends to occupy
box seats. According to the decision a
ticket may be revoked whether sold to a
white or colored person.
The decision Is of more than ordinary
interest, and It is the first time In the
State of Oregon where a court has so held
following the weight of legal authorities
throughout the United States.
When Taylor presented his tickets for
box seats the usher Informed him that
It was against the rules of the house
to allow colored people to occupy box
seats and offered to exchange the seats
for others In the body of the theater.
Taylor declined, and with his party left
the place. Feeling humiliated and cha
grined he iued Cohn for damages.
The court In deciding the case against
Taylor said ttiat the Iaw seemed well
settled that a theater ticket was nothing
more than a license, and as such execu
tory revokable, and the holder of the
ticket who was refused admission could
only suffer breach of contract and recover
damages actually sustained. This doctrine
the court said applied alike to all people,
and the mere fact that Taylor happened
to be colored did not In any way affect
the question. The rights of the purchaser
were the same whether white or colored
One court In Pennsylvania had attempted
to maTte a distinction between a ticket of
general admission and a ticket for a
designated and particular seat, but this
was an Isolated case and against the uni
versal doctrine. Judge Frazer said he
felt Inclined to, and did, disregard It.
McCant Stewart, himself a colored man,
who appeared for Taylor, took ten days'
time to decide upon his future course In
the case.
Alex Bernstein, who appeared for the
defense says he regards the decision, If
affirmed on appeal, as of great importance
"to the proprietors of theaters and the
public, as it definitely fixes their status
and their rights.
RINER WANTS A XEW TRIAL
His Attorney, IT It Is Denied, Will
Go to Supreme Court.
It. H. RIner. convicted of attempting
to obtain money under false pretenses on
the Tanner-Creek sewer contract, builds
his hopes on a new trial, and his counsel.
Ed JTendenhall. thinks he will convince
the Circuit Court that Improper rulings
were made. "Someone had to be made
an example of," said, the attorney yester
day, "and old man RIner was picked upon.
I believe when Judge George sees my
authorities he will grant a motion for a
new trial. I do not think an appeal will
he necessary, but if a new trial te denied
I will take the case to the- Supreme Ceurt
Se many new facts were brought out in
the case, which were- a surprise both to
the jH-eeecutfea and .the defense that I
W
T
jLtjMdtiM btt3t Jut! I teyt-4-&wkic act
court now,
. new trial
Seek Release hy Divorce.
The divorce suit of ILottlc Bowen
against Harry Bowen, a saloonkeeper,
was heard by Judge Cleland yesterday,
and was taken under advisement- lire.
Bowen testified that her husband was
guilty of cruel treatment. The litigants
were married only a few years ago, and
have no children. In her complaint, Mrs.
Bowen named Belle Raleigh as corespond
ent, and made many charges against
Bowen which she did not testify to at the
trial yesterday. She Is said to have en
tered into an agreement with him since
uie suit was filed not to do so.
Suit for a divorce was begun by Namy
Saleh against Afefi Saleb, to whom he
was married in Boston in ISPS, because of
desertion, beginning in April, 1904.
,Emma M. Mlddleton has sued Frank
J. Mlddleton for a divorce because ot
desertion beginning In April, 1903. They
were married in Portland in 1S9S and
have two children who are with their
mother.
Husband's Death Itcads to Suit.
Mabel Waldron, administratrix of the
estate ot Thomas Waldron, deceased, yes
terday filed suit in the State Circuit Court
against the Portland General Electric
Company, to recover 55000 damages.
Thomas Waldron was a lineman and pole
cllmber, and was killed by an electric
shock on October 1, 1904, while on a pole.
The complaint recites that an electric cur
ojent of 10,000 voltage was turned onto a
dead wire, at Twelfth and Burnside
streets, without notice to "Waldron. caus
ing his death. Long & Sweek appear as
counsel for the plaintiff .
Convicted of Gambling.
J. Shay, alias "Dutch," charged with
conducting a gambling game as proprietor,
was fined $200 by Judge Frazer yesterday
after a plea of guilty. W, Strong. J.
Stickler, Charles Grover and A. Johnson,
players at the game, were fined 55 each
and were then released upon their own
recognizance. This was the first applica
tion of the parole law which has just
gone Into effect. The men promised to
appear and testify as witnesses if re
quired. There is supposed to be another
person other than i5hay who was also
interested In the game.
Will Get First Hunter's License.
"W. E. Stevens, teller of the First Na
tional Bank, will receive the first hunter's
license Issued In Multnomah County under
the law passed at the last Legislative
session. H. Terwllllger applied for li
cense yesterday morning and County
Clerk Fields informed him that he had
promised the first license to Mr. Stevens
two months ago.
RATIONAL TREATMENT
er
Stomach Diseases
HUNt :
Discard Injurious Drugs
wee
A Hanalett. Powerful Ceraudfe
End&rstd iy Uadrng Physicians
Send twenty-five cents to pay postage
on Frtt Trial BettU. Soid by leading
druggists.
mot era whiz without mt smhatukc:
C2M PRtNCC ST., NEW YORK.
WaiTi re Fixz aooiarr-oa Rational Tnatmcht
er imuk.
ALL
MEN
AND
WOMEN
sexTteagt feadir -ifor aed
Damiinn BfctoaJt k aare's great
TCTfnlrrc. Maie fre Ac gjMiiinr
r r 1 . rr i r 5 ,
aCTMritti, S. F. Alt
new ones to submit to the
and I think a motion for i
will not ho denied."
wcozoae
Heels of
New Rubber
What is physieal culture?
The development of muscles and sinew
the intelligence of diet the study of all
hygiesic propositions that are associated
with the human anatomy.
All of which has led to the application
sCrubber heels.
Instructors' in physical culture wear
O'Sullivxn Heels and reeemmesd them,
far the reason that these new -rubber mus
cles assist In the development cf strength
by saving energy, and assist digestion by
relieving the nerves.
That which Is good, for athletes is alsa
good for the everyday plodder who lifts
with his feet over a million pounds
between each sunrise and sunset. .
Dealers can supply O'Sulllvan's for 80c.
pair, attached. Where they fail, the
O'SulIivan Xubber Co., Lowell, Mui., will
forward a sample pair for 35c
You Must
Sleep.
If you cannot, it is due to an
irritated or congested state oS
the brain, which will soon d en
velope into nervous prostration.
Nature demands sleep, and
it is as important as food; it
is a part of her building and
sustaining process. This period
of unconsciousness relaxes the
mental and physical strain, and
allows nature to restore ex
hausted vitality.
Dr. Miles' Nervine brings
refreshing sleep, because it
soothes the irritation and re
moves the congestion.
It is also a nerve builder; it
nourishes and strengthens ev
ery nerve in your body, and
creates energy in all the organs.
Nothing will give . strength
and 'vitality as surely and
quickly as Dr. Miles' Nervine.
"During the past winter I had two
attacks of Laurippe which left me
very weak, and In bed condition. I
was so nervous I could not sleep. My
wife, after trying different remedies,
went for a doctor. The doctor was
out. and a neighbor recommended Dr.
Miles' Nervine, and she brought home
a botUe. I had not slept for some time,
and had terrible pains in my head.
After takings a few doses of Nervine
the pain was not so severe, and I
slept. I am now takine the second
bottle, and am very much improved."
HENF.T if. SMITH. Underbill, Vt.
Dr. MIlea' Nervine Is eold by your
drufjalat, who vIII auarmM that the
first hcttls will benaflt. If It falls, he
will refund your money.
Mile Medical Co., Elkhart, Ind
Rupture Cured
At Hom
Br. Hijir's Ksv Ham TreatMit PeraaMstiy Cares m '
asptara Wltteat Pain or SHrglcai Operetta, as i
Entiles Patiests to Qlscari Trasses- Farerer.
Dr. irmtz Mayer the famoot Detroit Rupture
Authority (originator of the painless nd noa-ur-
jicai noro-rwmc
method of treating
Rupture) ha derised
a new Home Treat,
inent for the benefit of
those who are unable
to take perjonal treat
ment at bit office.
Thii HoraeTreitment
Is absolutely certain to
cure la a few weekj
without pain, incon
venience or surgical
operations- In every
cue the rapture f
fully reduced j the
membranes and ussues
permanently healed
and made to strong
that the cure is com-
Wr Frnak IL Porter. Grortl ,j .,., anJ
..JolUt,nL.wMrnptarri l Jopporters no longer
ion. nd iron until he teard needed. The cost ol
ometliinj mora serious -wooldj the Home Treatment
etln. Dr. SUyer curca. mm m jj very 3mau, u ui.
short tlra, to Ms entire satis- Miyer depends upoa
MTr. Simply write to Dr.
Mayer today, telling him all about your case and as
will make you a special proposition so liberal that
you cannot afford to pass It by and etyour rupture
remain untreated. Send at once for this propo-itloa
and his book on RtrrnntB and Its Treatment,
mailed RtEE to all Address, KMTZ-MITER. M &.
Sets S4. ChaaJwtf Cwwrci. Qtratt. Mica-
SAPOLIO
FOR TOILET AND BATH "
It tnake the toilet Mmetblog to bf
enjoyed. - It removes all stains ant
roughness, prevents prickly heat anv
chains, and leaves the skin, whitt,
gqft, healthy. In the bath it brinf
si glow aad exhilaration which no com
pion soap can equal, impartini tht
vizor and life sensation of a mlldTvrki
tihbath. Al Grocers and DrojuJei.-
Every Woman
uiBS&Mtea ana stnraia esow
acorn taa woaocrxai
MARVEL YYhk-feM Spray
Tits new Yactaal Srfs. Ixjee-
;uyn and auction. Kst 5ai-
e ttM ost conn a l eat.
If 1m eaazot (apply U
MARVEIm accent no
otter, bat sead stamp for
tllntrti boot IL. I
It Eire
fall rjartlealars and dlrertlnna tn-
Tlua&e to ladles. JtAKVKI, CO.,
44 1C 33d ST.. XEW YORK.
Weodard, Clarke- Jt Co Portland. Orejro.