10 THE MORXIXG OREGOXIAN, SATURDAY, JTFLY 8, 1H)5. ' THE TRIAL OF WILLIAMSON, BIGGS AND VAN GESNER IS BEGUN (Continued From Page 1.) to telL Judge Bennett cross-examined Duncan, and Just before he closed he, too, almost lost his temper. Duncan was one of the men alleged to have been se lected to take up a claim for "Williamson and Gesner. He testified that he and his wife had both taken up claims under promise that the money with which to make final proof was to be paid by Dr. Gesner. He testified that he had given a note for the money that was advanced to him. His claim, he swore, never came up for final proof, because Dr. Gesner had read to him a story in The Ore gonlan containing an Interview with Secretary Hitchcock. The witness tes tified that Dr. Gesner had said that the Secretary was "mad," and because there was evidently so much trouble in sight over the Oregon land frauds, that he (Gesner) could not furnish Duncan with the money to make his final proor. Duncan stated on the stand that Bigg? had made out the papers when he made his relinquishment, and had written the order returning his right to take up an other claim. There was an attempt made to prove that Biggs had anticipated the relinquishment of Duncan, and had the papers all made out when Duncan called at his office. Like many of the other questions put to the witness, he could not remember. Duncan was on the stand for two hours. He was subjected to the severest sort of questioning, and his eva siveness must have been exceedingly pro-" voklng to both Mr. Heney and Judge Bennett. Mr. Heney developed the fact from the witness that he was still In the employ of Williamson and Gesner, and that he had talked before the trial with Attorney Barnes, who Is aiding the de fense. When court convened, all of the de fendants were on hand. Henry Meldrum, for whom a bench warrant had been Is sued, was among those present. JURY IS QUICKLY CHOSEN Judge Objects to Question of Preju dice Against Congressman. Judge De Haven convened the United States District Court at 10 o'clock, and directed that the clerk call the names of the Jurors. This being done, the court ordered the clerk to fill the jury-box, pre paratory to selecting a Jury In the case of the United States vs. Williamson. Van Gesner and Marion It. Biggs. A. E. Binns. S. L. Brooks. August Carlson. Johann Paulsen. Webb Must. Barney May. M. V. Thomas. G. O. Walker. J. B. Henkle. W P George. E. Habighorst and Reuben Fanton were drawn to fill the box. United States District Attorney Heney made the statement of the case to the Jury, and upon objection by the counsel for the defense. H. S. Wilson followed by a statement as permitted by the ruling of the court. Upon this the selection of the Jury was begun. A E. Binns, the first man on the panel, wis examined by Mr. Wilson. The wit ness stated that he was a liveryman of Heppner, Morrow County, and that he had been a resident of that place for ecv eral years. One of the principal questions asked him was whether or not he had read The Oregonlan In regard to the land fraud rases, or the case at Issue, and he stated ;hat he had read of the land cases, bu hd no definite remembrance of any one article. The Juror had met William son .it Heppner, and had heard him talk, but was not well acquainted with him. He had no prejudice against any of the "-defendants. "Arc you conscious of any prejudice against any man because he is a member of Congress?" asked Mr. Wilson. The witness said he was not. 'You wouldn't allow your mind to be" prejudiced because of the tact that hela- torney. "No. sir," was the answer. "You would give him a fair show?" "Ye, sir." "Are you prejudiced against a man be caus he Is in the sheep business?" "So. 'sir." Having found the juror qualified, he was accepted hy the defense, and also by the prosecution without question. J5. L. Brooks, of Fummerville. Union yodttty. was the second man to be exam ined. He stated that he had been a farm er in Union County for a number of years Ho didn't take The Oregonlan, and did not take any particular Interest In the case, and didn't know the defendants. Xclther did he have any prejudice against sheep man or Congressmen, and had not formed any opinion as to the guilt or Innocence of the defendants. The' defense used Its first peremptory challenge against Brooks, and ho was excused by the court. August Carlson, a manufacturer of Port land, testified that he had been In Port land for the past 17 years. He had read the Portland papers, but could not re member much of what he had read about the land cases other than In a general way. "Have you any prejudice against a man In Congress." the Juror was asked. He UnBwercd that Yg had none. "If you were on trial and a Juryman was to be chosen whose mind you knew, and he had the same feelinc toward von that you now have towards these defend ants nere, would you be satisfied to have urn asc jurorr' I would." 5on was accepted by the defense jrpsecution without question. ren, a lu-mucrroui or-jtorrr il to serve zrpon the -jury. it a vcry-.aen- uie Qftena- ohr could be K great deal of pa. not want a had the same Kcd by the witness. lallenced the Juror for cause. he was excused. ib Mast, of Lee. Coos Countv. stated .he was a farmer nnrl n lnrirnr lad not read The Orexonlan. but had read In other papers of the work done bv the Federal grand Jury. Ho had not formed any opinion as to the merits of the ease at issue, and had no feelings one way or the other toward the defendants or to ward an officeholder. Both the defense and the prosecution were satisfied with the Juror. Barney May. of Harrisburg, Linn Coun ty, stated that he was a merchant there, and had been engaged in business for a number of years. He had read a few headlines about the land cases, but had forgotten them. He had not discussed the Williamson case with anyone. "Have you any prejudice against a member of Congress?" asked Mr. Wilson. He was interrupted by the court. Questions Not Pertinent. "I don't see the pertinency of such ques tions." said Judge De Haven. "I can't conceive of any fair-minded man so low In Intelligence that he would have a prej udice against a man because he occupied the high and honorable offlco of Congress man. I have been in Congress, and I don't think I was engaged in any ques tionable calling." "There are men who are not fair-minded," suggested Judge Bennett. If a man was an anarchist he might have a prejudice." interposed Mr. Heney. "Well, said the court, "you can ask the jurors if they have any prejudice against the defendants, but I don't like to have the questioning conducted along these lines." Both sides accepted the Juror. M. V. Thomas, a farmer, of Bull Run. Clackamas County, was chosen by the de fense and accepted by the prosecution without question. G. O. Walker, a farmer, of Walker. Lane County, was the next man up for examination. He had not heard of the Williamson case at all. and would be able to try it on its merits and the evidence. He was accepted by both sides. J. E. Henkle. a farmer, of Philomath. Benton Countv. testified that he had read of the case In The Oregonlan but had not paid any attention to what he had read. He was accepted by the defense, and Mr. Heney asked no questions. W. P. George, of Salem, a restaurant man. stated that he might have an opin ion if what he had read in the papers were true, but not knowing as to that he had no prejudice whatsoever. He was accept ed by the attorneys without objection. E. Habighorst, a shingle-dealer, of Port land, hd read the Portland papers, and had formed a strong prejudice on account of what he had road and heard. It would take a great deal of evidence to shake his present oeiu I. Vlf you were to be on trial, would vou be willing to have some one of your state of mind on the Jury?" "I would prefer to have some one of not so settled an opin ion," replied the juror. The court ordered the Juror to step aside. Hctibcn Fanton Excused. Reuben Fanton. of Carus. Clackamas County, was not agreeable to the Govern ment. He seemed willing to serve. it you were n derendant would you be willing to have a man like yourself on the Jury?" he was asked by Mr. Wilson. "I most certainly would, was the answer. and the Government entered a peremptory cnauengc. J. . llliams. a farmer of Junction City, Lane County, neither knew the de fendants nor bat1 any prejudice, and so was accepted by both sides. J. It. Vlckery. h merchant of Lafayette, Yamhill County, was challenged peremp torily by the- defense. He testified- that he had not read The Oregonlan about the case, and did not remember anything about the land troubles. For some reason he did not suit the defense, however. S. L Burnaugh, a farmer, of Elgin, Union County, didn't read any of the Portland papers, and would be satisfied to have a man of his mind try him for crime. He was accepted by both attorneys. Ferdinand Dresser got a ticket of leave from the court. Mr. Dresser 'is a grocer of Portland, -and he did not want to be on the Jury. "Do you read The Oregonlan?" he was asked. "I do." the Juror answered. "You have heard the case talked of a great deal?" "I have." "If you were to be tried would you bo willing to have a man of your mind try you?" "No. sir." "You may be excused," said the :ourt, and Mr. Dresser made way for another mn. F. H. Hopkins, a broker, of Portland, was excused by the Government by a peremptory challenge. The Juror testified that he had heard a good deal about the land case.?, but had formed no opinion. O. H. Flook. a farmer, of Olalla. Doug las County, had rad enough of the land cases to keep up on the news, but he had not formed an opinion. He was accepted by bnh sides. Arthur Roberta, a bookkeeper, of Spring field, lime County, testified that he had no opinio i in the case, had not read much of It, and did not know the defendants. He was accepted by the defense. ted by the defense. "Don't you remember having expressed ) son? asked Mr. Heney. "Xo, sir," JuA?.r answerca. . . 'nltrrSrZl J0,8,k . The Government will excuse MRnb& usa,,r ty; was the last man to be selected. He ... w vrywn. " ... ...... . v.. .... vn.i- had read The Oregonlan and the Eugene papers, but had never followed the cases clufely. and had not formed an opinion. VrUher had he any prejudice against any e( the defendants. He had talked of the Ck'o with his- partner In that he had told htm he was subpenaed on the Jury and i tiifugnt it was tne Williamson jury, oth er than that he had had no conversation about the case. Mr. Cook was accented at 12:05 o'clock, filling the panel and mak ing the jury complete. The court announced that the rcmalnlnr Jurors would be excused from further at tendance upon tne court, and tne session was adjourned until the afternoon at t o'clock. OPENING STATEMENTS 3IADE First Witness Is Campbell A. Dun can, Who Remembers Very Little. Upon the opening of court in the after noon, Mr. Heney presented tho case of the Government to the Jury. His address was short, not occupying more than 10 minutes. He said. In part: "This is a case in which the charge is that tho defendants entered into a con spiracy by which Williamson and Van Gesn-.r, partners In the sheep business, were to suborn 100 persons to commit per jury by Inducing them to make false affi davits in filing upon land. It is a con spiracy in which Biggs and Van Gesner were to get a large number of men to file upon timber land. These lands were in a pertain tract or district so that It would give the control of the entire ranse, Tho Government will show that Williamson and Gesner furnished the money for filing upon these claims, about $400 being fur nished In each instance. There were about 45 of the claims, of which some 19 went to final proor, though the rest were relinquished owing to trouble caused by the investigations or an agent of the Gov ernment. "The Government will show that these claims were all filed before Marion R. Biggs, one of the defendants, who was at that time, ana sun is a commissioner or tho United States, that uiggs Knew the clalmr were to be given to Williamson story in The Oregonlan about Hitchcock and Gesner at an aavancc of about $75 anj the land scandals In Oregon. He over the actual expense, as soon as pat- : hai gaia that Hitchcock was mad. Gesner ents were gained for them. haj told him to go to Biggs' offilce and "The Government will show W Itllam- , have his relinquishment papers made out. son's connection with the case in that he He had done so and his note had been was present at some of the conversations. returned to him. After he had testified that he helped In tho selection of some of before the grand jury he had returned the claims, that he and Gesner borrowed to Prinevllle and had had a talk with the money to pay for the claims, and that . Biggs. Judge Bennett objected teethe ln he was present at some of the troductlon of the evidence and the court conversations aiterwarus Tvnen ine people i were advised to relinquish tneir iiungs-j and abandon their claims, owing to inves tigations that were being made. "This Is about the Government's case. If this Is shown, I am certain the Jury will see the connection of all the defend ants with the indictment as alleged, and that it will be plain that all of them are HARRY MURPHY'S SKETCHES AT guilty of the crime of subornation of per jury.' Defense Makes Statement. H. S. Wilson presented the case for the defense. He commenced his argument by relating the history of the defendants, and showing that all of them were and arc men of high standing In the neighborhood in which they live. He then turned to the history of the Williamson sheep firm. He stated that In 1902 the firm of Williamson. Wakefield & Gesner was running sheep In Wheeler County. "The District Attorney has stated." the speaker said, "that an agreement was made by which Williamson and Gesner should furnish money for the claims which should be pas5od to the title of William son and Gesner as soon as patents Issued. This is not the fact. Xo money was ever given for such an object. "In 1901 the country was filled with ru mors of the rattlemen. threatening to drive the sheep off the range. They heed ed no rights of property unless the title was In the hands of private Individuals. "Dr. Gesner furnished money to some people for some claims. The people were to give a note and mortgage, and Gesner was to have the use of the land for pas ture while they were In debt to him. When title had parsed and the notes had been taken up. the settler could do with the land as he nleascd "Marlon Biggs did not know that there &s any conrplracy by which the law should be violated. When a man came befo.-e him he was careful to point out the law in the case. He knew that Gesner was furnishing the money, but he knew nothing of any conspiracy. Everything was done openly and above board. They did nothing except what they had a right to do. "When testimony is given we are con fident that It will show no subornation of perjury has ever been committed." First Witness Testifies. i.CaSipbcn.A- Duncan, of Prlneville. wan the first witness for the prosecution. He had liven in Prlneville or near there for many years and knew Biggs and William son and Dr. Van Gesner. In 1S02 William son wan in the sheep business and was in nartneinhln -nith rw nm- ti. . witness stated that he had made "a fllimr uiaira in me vicinity or the Caylor ranch and had been asked to do so by Marlon Biggs. He had met Biggs, who had asked him If he had ever used Ur J!mbcr r,Sn- Biggs had said that Dr. Gesner was looking for men to take land, and tho tHfnn ua If there wnnirt iw nm. ,o . tTJ- rtaiih.,"- "JSL? patent had been secured. Bleirs had mM lU w;ltne Gesner would be at the shearing pen the next day to talk the 2?" several people and ad- wtcu inc wnness to n tnir Duncan testified thnt th h had taken his wife and had gone to the sharing pen. where -he had found a large number of people, who were ad dressed by Dr. Gesner. The speaker had wild that he would lend each one taking claim $400 when the claim was taken up and would accept a mortgage on the m uiiui ji was. paicmcu. Alter patent he would buy the claim for J5W. releas- iiik wie mortgage ana returning the not taken In lieu of $409 of the purchase price, so that the man filing upon the land would make from $75 to $10) by the transaction. Gesner had fcild he didn't want to get Into trbublc with the Government over the matter. He also said that he would leave the numbers of the claims to bo filed upon with Biggs at his office and those who wished to file could get them there. The witness testified that he had filed upon his claim a few days after the meeting and had also Induced his- wife to filed upon a claim. He also Identified the nllldavlts made by him at the time of h!.t filing, nnd these were introduced as evidence. The witness stated that he had gone to the office of Biggs and the Commls- : sloner had got the paper and handed It J to him to be f'gncd. He had not been asked what lands he wanted to file upon, I but had bepn told the claim he way to i take. After he hnd signed the paper he had been sworn by Biggs. He had not , paid any money to Biggs on that day. ' but had borrowed some of Van Gesner. : Gesner had stated that the money would ' bo left at the office with Biggs nnd the witness had signed a note for the amount, j His wife had also signed a note with j him. i Duncan had received notice from the j land office of the publication of final proof, but did not know in what paper ' It had been made. He also identified the notice of relinquishment made because : he could not get the money to pay the fees, nnd in which he asked that his i right to take up land be restored. He had discussed the relinquishment with Van Gesner. who had stated that he thought he could not let the witness have the money to prove up. Gesner had stated that those who had the money could go ahead and prove up. but that he could not advance the money. The witness said that he had cone to Gesner'? offilce and had met Williamson there- Williamson had been readme- ruled that It should be Introduced only as against Biggs. Witness Loth to Remember. "What did Blggs say?" asked Heney. "I don't remember," the witness sDonded. Mr. THE FIRST DAY OF THE WILLIAMSON-BIGGS-VAN GESNER TRIAL V1X0V4 .K W?, a "Have you forgotten It since yester day?" the District Attorney persisted. "Yes." was the answer. "Have you talked with these defend ants?" "No, sir." "Have you talked with Attorney Barnes?" "Yes. iIr." "Have you worked for Gesner since the errand Jury was In session?" "Yes." "Have you had any conversation with Gesner?" "Yes." "What did Gesner say?" "He said It was a political fight against Williamson." On the cross-examination by Judge Ben nett but little was gained from the wit N DIVORCE COURT Thirteen Couples Are Legally Separated. ONE MARRIAGE ANNULLED Infidelity, Desertion, Drunkenness nnd Cruelty the Several Grounds Upon "Which Actions Arc Drought for Divorce. Judge George presided over the divorce court yesterday and granted decrees sep arating 13 couples." A decree was alio pronounced declaring void the marriage of Josephine Scott, a minor 17 years old, to Lester F. Simmons, becautts of Illegal ity. The marriage ceremony was per formed at Vancouver. Wash.. Sunday. June 11. 19C6. by Justice J. E. Harris. Th ,Icenae wa lwed b- the Auditor at Vancouver on tne same day, hut was dated June 10. Saturday. In an attempt to mako It legaL The father of the girl, J. caused It to be set aside on two grounds. The first was thnt his daughter, being a minor, was Incapable of. marrying with out his consent, and second, that the license lroued on Sunday was of no effect. Judge George dissolved the bonds of matrimony existing between Helen Mor timer and Charles S. Mortimer because he ahatu'nnwl hr frte "J, J?'r In March. 1S04. going to San Francisco. Mortimer did not de sire his wife to follow him. They wore married In Portland In March, 1&32. Infidelity the Cansc. Ella McPherson was divorced from W. E. McPherson. proprietor of the Gllmnn J House, because of Infidelity. The woman in tne case is Laurlna Smith; also some times known as Mrs. Blanchard. The liti gants were married In 1S79. Mrs. McPher son told her story, and was corroborated by a son and a grown daughter. Mc Pherson. In settlement of their property Interests, gave his wife lands and money amounting to about $9XX. Samuel F. Parr was granted a divorce from Bcnnette A. Parr, who, he said, abandoned him on May 2S, 1904. They were married In Texas In 1E97. Judge George granted Sophia Marco, a decree dissolving the matrimonial bonds existing between her nnd Henry Marco for cruel treatment. She told the Judge he punched her face and cursed her fre quently. They were married In Portland In 1S96. and have no children. Florence Landlgan was freed from John Landlgan on account of cruel treatment. They were married In Los Angeles In 1ESS. and slnco that time havo accumu lated property valued at about $2T.O0O. which was the principal contention be tween them and now appears to have been settled by a decree of distribution. Landlgan Is a real estate dealer and spec ulator, and was formerly a pawnbroker. His wife sued him for a divorce two years ago. and they subsequently made up. Cruel Treatment the Ground. I Gold foot was divorced from Xathan Goldfoot. an expressman, to whom sho was married In Dublin. Ireland. In 1SS1. Cruel treatment and threatening to kill were the causes. She was allowed to re sume her maiden name. Goldfogle. On account of desertion, George J. Price was granted a divorce from Ida Price. Their marriage was solemnized in Oakland, Cal.. In 1S&9. There Is one child in the custody of its grandparents. Habitual drunkenness on the part-of Florence P. MacCarthy. an Alblna saloon keoper. caused his wife. Clara A. Mac Cxrthy. to apply for and obtain a divorce from him. She was awarded the custody of the two children. The MacCarthys were married in Oregon City in 1S97. Gertrude Chrlstophereen testified that ness one way or the other. His memory was bad. and he could not remember much of what had happened to him In the past. "It was a casual conversation you had with Dr. Gesner In June?" the Ju'dgo In sisted. "Yes, sir," the witness thought It was. "He asked If you remembered about the $40 or whether there was to be any In terest on the money?" "Yes. sir." "It was a fact that there was to be no Interest charged when you borrowed the money?" "I don't remember." "Don't you remember about Gesner say ing that he wanted the use of thelands John M. Chrlstophcreen. to whom sho was united In marriage In Chicago In 1S3S. was a drunkard. She was divorced and her maiden name. Goodwin, was re stored to her. There are no children In the case. Because of desertion beginning In June, 19&3. a decree of divorce was allowed Hat tie E. Grimm from Ralph C. Grimm. They were married December 4, 1SS6. In Clackamas County. Marie Frazenbach told Judgo George that her hufband, William Frazenbach. a marblecutter. drank and threatened to kill her and their child and then kill himself. She also stated that he falsely accused her of unfaithfulness. They were married four years ago. She was granted a divorce. Emma M. MIddleton was divorced from Frank J. MIddleton. a carpenter, because of desertion. They have two children In the Children's Home. OBJECTED TO -WEDDING GOWN Sucss Said He Would Not Buy It for Wife to Mnrry Another. William Suess. who Is suing his wife. May L. Suess. for a divorce, testified at the trial before Judgo Sears yesterday that he allowed Mrs. Sucss $30 to $40 a month spending money, some of which went to buy champagne for Max Bailey. He produced some of the empty bottles In Court as testimony. Suess also stated that he accepted the offer of his wife to pay her $100 as a settlement after thoy had separated, and paid $1C0 of the amount but broke the agreement when he heard that she was going to San Francisco to marry Max Bailey, and was going to have a J swell wedding gown Suess said: "I did not Intend to provide a bridal costume for another man. Xobody did that for me when I took her." Tho plaintiff also told of collecting In vitations to dances sent to his wife by Max Bailey and others addressed "Miss May L. Suess." He said this had been the source of considerable contention be tween them. Several of the Invitations were submitted In evidence, which caused John H.t Hltchlngs. counsel for Mrs. Sucss. to ask why they had not been delivered to hl3 client to whom they were addressed, and the attorney intimated that he would Institute proceedings against Suess for violating the postal laws. Mrs. Sucss took the witness stand when Court convened for tho afternoon session. She Is an attractive woman and gave her age as 27 years. She was married to Suess December 25. 1S36. and stated that they got along well In the beginning. When they began life together they lived at Hlllsboro. and his wages were small, and hwhen they first came to Portland he did not earn much. She worked In the hop fields four seasons. In a cannery and several other places. The periods of em ployments were short. She made him Christmas presents with portions of the money she earned, bought him a watch and chain and other articles. She related how they bought a home, and said the wages of her husband had been largo for the past five or six years, and. as his wages Increased, he added to her allow ance of spending money. He now receives $17& a month. Mrs. Suess testified that her husband threatened her dozens of times, threatened to break her neck, and said ho would break every bone In her body. He snapped a pistol at her onre. He came home In toxicated, and cursed and abused her, and once threw her against the stove, and again threw a shoe at her. She smiled frequently In giving her evidence as if it was all a good joke. Mrs. Suess acknowl edged having met Max Bailey at dances. She denied that there was anything Im proper between them. The trial will be concluded today. File Incorporation Articles. Articles of Incorporation of the Moore Investment Company were filed In the County Clerk's office yesterday by Joseph Simon. W. H. Moore. Ben Selling. H. A. Moore and Sam Simon; captlal stock. $120.CCO. The objects announced are to purchase, acquire, own. lease and Improve city town lots, blocks, etc. Chronic Diarrhoea. Chamberlain's Colic, Cholera and Diar rhoea Remedy Is the most successful med icine In the world for bowel complaints, and is the only remedy that will cure chronic diarrhoea. For sale by all drug-cists. because he wanted the grass, and that ne would lend the money to get tne grass?" "I don't remember." "When was It that you first talked about getting timoer ciaimsr "June. 1902." "You had been thinkln&r of srettlnar timber claim, hadn't you?" "Well. I might nave a nttie. but I don t remember." "There wore people coming from the East every day for timber claims, were there not? "Yes. sir." "There was a craze about timber lands, wasn't there?" "Yes. sir." "And you wanted to take a timber claim?" "I might have." Executive Board Holds First Session. Its CONTRACTS ARE HELD UP Dilatory Contractors Must Be Pen alized Who Delay Work on tho Public Thoroughfares Be yond Time Fixed. Tho first public appearance of Mayor Lane's Cabinet took place yesterday af ternoon when the now Executive Board held Its initial session. It wasa draw-Ing-carJ, too. in a way, as the Council chambers, where all subsequent meet ings of the body are to take place. hold a grood-slzed audience when City Auditor Devlin called the roll. W. G. McPherson was the only one that failed to respond, and tho Mayor ex plained that ho was out of town. From the outset the members mani fested a disposition to "make haste slowly" In the matter of passing Judg ment upon accumulated business, oven forcing-the Auditor to go through the tedious process of reading- the minutes of the two preceding- meetings. Montag-being- of the opinion that the Idea pos sessed many bright educational feat ures, and all through a caution was observed. lending- to tho proceedings a sort of "show me" air. Committees of Board. Committees were announced as fol lows: Rules John M. Gearln, Thomas G. Greene, C. A. Cogswell. Fire John Montag. L. T. Peery, Richard Wllsor. Police Thomas' G. Greene, R. L. Sa bln. X. J. Blagen. Bridges W. G. McPherson. X. J. Blagen. Max Flelschner. Streets R. L. Sabln, Richard Wilson, Max F. Flelschner. Sewers L T. Poery, C. A. Cogswell, W. G. McPherson. Street cleaning C. A. Cogswell, Joan Montag, R. L. Sabln. Lights Max Flelschner, Thomas G. Greene, John M. Gearln. City Halt Richard. Wilson. John Montag, W. G. McPherson. Current expenses X. J. Blngen, John M. Gearln. L. T. Teery. After disposing of a lot of holdover propositions of a routine character by foTring them to street committee. the board proceeded to determine the status of applications for extensions of time on street Improvement contracts. Bechlll Bros.. Joplln & Meeks. J. R. OXell. Stevens Bros, and a few more contractors having applied for an extension under one pretext or another, but Cogswell brought them all up with a round turn by the statement that It was common practice for contractos to hold their franchise on a street Job by doing a little work In the start and then leaving the streets upset for weeks without paying any fur ther attention to the situation, pinning their faith upon the Idea that some easy going Executive Board would give them an extension of time. He was In favor of making them live up to their contracts, even to the extent of penalizing them un der Its provisions $5 each day they were delinquent, and this suggestion seemed to meet with general favor. Street Contracts Held "Up. For this reason several streets that had been accepted by the Ctly Engineer were held up. Wanzers report showing that they were long overdue In the matter of completing their jobs. This had especial reference to East Stark. East Fifteenth. East Twelfth and Burnside streets; the ewer in East Twentieth street, from LANES CABINET IN "Didn't you ask Biggs where you could get a timber claim and the money to file upon it?" "I don't remember." "You don't remember whether he men tioned it first?" "Xo." Do you remember going to any other people about timber claims?" "Xo. sir." xou nadn t talked to any timber loca tors about locating you on a timber claim?" "Xo. sir." "Biggs said Gesner would lend the money on the land and take a mortgage?" yes, sir. "Gesner said that If you people would take timber land' he would lend the money?" "Yes, sir. Dldn t he tell' you that he wouldn t make any contracts for the land: that if you wanted to sell It after you had proved up on it. he would give you jaw tor it?" "I dont' remember, but I think he said something like that." iou went down to see the land you wanted to take?" "Dr. Gesner told me where to ko to see the land I was to take." "Don't vou remember that Bi&rsrs read the paper to you before you swore to it qr signed it?" "I don't remember." u was your intention to swear to the truth?" "Yes. sir." "You swore in this oaner that vou didn't make any contract. That was a fact, wasn't It?" "He said he would give me $500 for the claim." "W ell. you could sell It for $1000 to some one else'r "I guess so." 'iou had a conversation with Gesner about proving up on the land, and he said no could not give you the money?" "Yes, sir." "Didn't he sav th reason hn cmildn't give' you the money was because he had not soia some land on this side of the mountain and was short of funds?" "I don't remember." Dldn t you try to get money of some one else?" "I don't remember." Xot Mad at Gesner. "You were mad at Gesner because ho would not let vou have the mnnev nnrt said mean things about him. didn't you?" "I don't remember. I don't think I was very mad. "Isn't It a fact that you were mad at uesner because he would not let you have me money at tne time you testincu before the grand jury?" "Xo. sir." "Just before you made the relinquish ments, didn't you meet Biggs and ask him where you could get money to prove up on those land?" "I don't remember." "In the same conversation, didn't you call Gesner some names and say you wJuld make him regret his refusal to let you have the money?" "No. sir." "Didn't Attorney Barnes meet you and ask you If you had any contract for the sale of the lands, and didn't you say no. you had sworn to the truth?" "I don't remember." "Weren't you asked If you ever made any contract and didn't you say no?" "I don't remember." On re-direct examination. Mr. Heney asked the witness If he had not under stood that Williamson and Gesner were to buy the claims as soon as patented, and the witness said such hud been his under standing. "He was to give you $400 and you wero to file on the lands and give a mortgage, and when you got the patent Gesner was to give you $500 that was the understand ing?" "Yes. I think it was." "When he showed you The Oregonlan, the story about Hitchcock, didn't he say that you would have to relinquish, as the Government would make trouble?" "Yes. sir: I think he did." Mr. Bennett became angry. "What makes you think so?" he. demanded. "That Is as I remember it," responded the witness, and ho was excused. Court was adjourned until this morning at 10 o'clock. East Washington to East Oak, and Guild street, from the north line of Thurman to the south lino of Vaughn, belng the only acceptances that passed muster, all tho others being- referred to" the street committee. Bids for street work were received as follows, all being referred to the street committee, and will not be awarded until the next regular meeting. East Davis street, from the west line of East Third to the west line of East Sixteenth K. -G. Lundstrom, $9505.75; Be chlll Bros., $9777.85. East Taylor, from the east line of East Water to the west line of Union avenue Joseph Pockett, $9344; James Johnson, $8795.20; Bechlll Bros., $8580. Arthur street, from the west curb line of First street to the east line of Second L. C. Shorno. $1482.30. Sewer" In Mellnda avenue from the west line of Fannie G. King tract to tho sewer In Mellnda avenue at second bend J. B. Slemmons, $227.75. West half of Water street, from the south line of Clay to tho north line of Columbia Concrete Construction Com pany, $3413.67; Diamond Sand Company, $3503.08. Twenty-fifth straet, from the north Una of Savler to the north line of Vaughn Star Sand Company, $1786.80; Fralney & Keating. $2027.82. East Stark street, from the center Una of East Xlnth to the east line of East Xlnth-Joplln & Meeks. $137.4S. East Stark street, from the east line of East Xlnth to the west line of East Twen tieth Pacific Bridge Company, $19,728.78. East Twenty-seventh, from the north line of Hawthorne avenue to the south lino of East Salmon Joplln & Meeks, $795.66; Stevens Bros., $776.75. Xlnth street, from the south line of Couch Addition to the south line of Hoyt street Star Sand Company, $2014.10; Con crete Construction Company, $2803; Fralney & Keating, $2S54.16. Morris street, from the west curb lino of Delay to the east curb line of Vancou ver avenue Joplln & Meeks, $7343.61; Ste vens Bros., $7768.S7; Bechlll Bros.. $7840.67.. Xo proposals were received for the re pair and maintenance of the proposed Im provement of the west half of Water street from the south line of Clay to the north line of Columbia, nor for feeding the city prisoners for the ensuing year. Councilman Beldlng appeared -before the Executive Board In behalf of the Multno mah Driving Association, and asked per mission to use one of the city street sprinklers on the Macadam -road from Kelly street south, a distance of about three miles. The application was referred to the street committee and later grant ed, upon condition that the driving associ ation provide everything else. An adjournment was taken until 4 P. M., Friday, July 21. Veteran of the Civil War. The funeral of the late George W Peebles, of 673 Second street, was held at FInley's Chapel yesterday morning at 10 o'clock. There was a large attendance. Rev. Henry A. Barden officiating. The Ladles of the G. A. R. conducted "an ap propriate service at the grave. Mr. Peebles was born In Pike County, III.. Xovembcr 6. 1S42. He enlisted In Company D. One Hundred and Twenty ! J?5imf?JL ""JMlli- was enrolled August 10. 1862. to serve four years, or during the war. He was 20 years of age when he took up the duties of a soldier. He was discharged from the service by general order July 15. 1S65, at Mobile. Ala., after serving three years. Mr. Peebles participated In the engage ments at Parker's Crossroads. Tenn.; Town Creek. April 2S. 1S63; Tupelo. Miss.. July 14. 1S64; Xashvllle. Tenn., December 15 and 16. 1S64, and the siege and capture of Fort Blakely. Ala.. April 9. 1865. He leaves a wife and four children. SEE PACIFIC OCEAN. Take the "Potter," Queen of River Bouts, Down the Columbia. The T. J. Potter, queen of river boats, sails from Ash-street dock for Astoria and Xorth Beach as follows: Tuesday, Julv 11, 10:15 A. M.; Wednesday. July 12. 11:15 A. M.: Thursday. July 13, 12:10 (noon): Satur day. July 15. 1:50 P. M. Particulars and O..R. & X. Summer book by asking C. W. Stinger, city ticket agent. Third and Washington streets. Portland. Hotel Hamilton. San Francisco's newest hotel. Steam heat and telephone In each room. Centrally located. Rates. $1 and upwards. 125 Ellis street. r