10 THE MORNING OREGOKTAX, TUESDAY, 'JULY 11, 1905. NEW TRIAL IS ASKED Senator Mitchell's Attorneys Heard in Court. morning, upon the convention of the Fed eral court, that the demurrers In the cases of the United States against Ber nard and C. B. Zachary. Indicted for con spiracy to acquire control of public land. and In the case of Browne!!, Indicted for subornation of perjury, would be overruled. At the same time. George B. 'Waggoner, Indicted for complicity In the land frauds of the Roseburg district, appeared In court and, waiving the reading of the in dictment, entered a plea of not guilty. JUDGE DE HAVEN TO DECIDE Argument Is 3 fa do That Defendant Was Convicted on a Count Which Was Unsupported by Evidence. Whether or not Senator Mitchell will have a new trial without appeal to the higher courts of the United States now rests with Judge De Haven. Yesterday morning, and for a part of the afternoon, the court listened to the arguments of ex-Senator Thurston. Judge Bennett and of Mr. Heney, contending for and against the motion entered In behalf of the de fendant For the first time since the night of July 3. when the Jury rendered Its verdict of guilty against him. Senator Mitchell appeared in the Federal court room. Yesterday he entered with Judge Bennett and sat during the arguments of tho morning, seemingly as strong as be fore the trial, though the hours of care have left deeper wrinkles on his face. "This." said Judge De Haven. In con vening the court, "Is the time set apart by tho cour.t to pronounce Judgment In the case of the United States against Mitchell." Ex-Senator Thurston Speaks. Ex-Sonator Thurston addressed the court. "v'e wish at this time to flic a motion for the arrest of Judgment to be considered with the motion for a new trial." Continuing with the motion for the rehearing, the speaker said that he did not wish to take up much of the time of the court with argument, for part of the grounds mentioned In the motion had already been before the notice of the court. As to five of the counts of the In dictment the speaker contended that they alleged five separate and distinct offenses. The Indictment was not the same as an indictment at common law. where the same offense was charged In several dif ferent ways in order to cover each phase of the one crime alleged, neither was it provided for in tho statutes for the Joint ure of separate allegations in one indict ment for convenience in trial purposes, but in this indictment each and every count "was set out as though it was a dif ferent and distinct offense capable of sep arate and distinct trial and proof. Then the speaker turned to the main ground for the new trial and discussed it. "We are charged here in count six," ho said, "that on January 4. 1304', Mitchell accepted 3555 for services rendered to Krlbs. There are other offenses charged and the pleader evidently had in mind that this was 'a payment. In part, on the other three mentioned in the Indictment. When the case came to trial, and It will be admitted by the District Attorney, the evidence showed that only two payments were made on the offenses charged, and that the amount charged In the sixth count -was not Included In those pay ments. I will show your honor by the proof that the payment of January 4 was made, but that It was in relation to an agreement of December 3, 1903, an en tirely separate agreement. "That this Is true Is shown by the fact that the District Attorney introduced the evidence in relation to this count as tend ing to prove outside matters and not those shown In the indictment. "The defense had called the attention of the court and of the Jury in argument to the fact that the count stood unsup ported by evidence and that It charged a separate and distinct offense. The error charged applies not so much to the court as to the District Attorney. It appears that when he found no proof to sustain the count he should have entered a mo tion for dismissal as far as this count was concerned, but he did not do so and the Jury, by Us verdict, sets out that there was sufficient evidence to convict as to that count." The speaker contended that there was a rule running through the law that a defective count Is taken as a surplusage and not considered, but In all the-Ameri can cases that he had found where there had been a defective count and tho at tcntlon of the court had been called to it. and a general verdict had been ren dered, then the rights of the defendant had been violated and he was entitled to have the verdict set aside as to that count, and since It was a general verdict the only way to do It was to set it aside in toto: Mr. Thurston also objected to the reading of the extracts from Bryce's "American Commonwealth," in which Mr. Heney depicted the Senate through the eyes of the English writer not to tho credit of the body. He also contended that the ' decision made by Judge Bel linger In regard to the plea In abatement was ground for reversal In a higher .court. He argued that it was as Im portant that errors should be corrected in the lower courts, if known to be ex istent, as that they should be passed to the higher tribunals where they would be considered after much time had passed. 3Ir. Honey's Answer. Mr. Heney in his answer was brief and to the point. He argued the question from the standpoint of common sense more than from weight of authority. which ne had not had the time to com pile. He showed that all evidence as to the sixth count of the Indictment had been introduced to apply to that count alone and not to the others; that It had "been used the same as the other cor relative evidence Introduced and that there had been no right of the defendant violated. He contended also that it was now, under the law, too late for the de fense to bring any such contention. He argued that since the other counts had been proved, and since the general verdict carried with it but a single pun lshment the defense had lost nothing. that the count was rated surplusage, in fact, and not considered. In regard to the argument of the de fense as to his allegation about the In dictmcnt, Mr. Heney contended that he had mentioned the matter Incidentally, that It had not had great weight and that besides he had been challenged by the defense and forced to make the statement In order to overcome the Im plication rf their remarks that hjs had not done his duty. The speaker also defended the ruling on the plea in abatement holding that he had offered to Introduce evidence to try the case of the unnaturalized juror, al leged by the defense, but that this had not been done, though he had made affl davit and placed other evidence before the court. Judge Bennett spoke for some time in tho afternoon, reviewing the plea in abatement and the general course of the recent trial in support of the motion. He also criticised Heney for his statements concerning the indictment of the Senator for subornation of perjury and for his quotation from Bryce. At the conclusion of Judge Bennett' argument the court announced that ho would take the matter under advisement and would decide upon it at his leisure, as soon as it might be. Demurrers Are Overruled. Judge De Haven announced yesterday Refused to Move On When Ordered by Police. For defying the police and refusing to move from Fourth and Washington streets when told to do so by Sergeant Hogeboom, Thomas Burns, 'secretary and organizer of the Portland Socialist party, will be arrested and tried in the Municipal Court. For some time Burns and his associ ates have been holding meetings at Fourth and Washington streets, to which many merchants and citizens have objected. Furthermore, It Is said the crowds that gathered to listen to Burns blocked the sidewalks and the street, causing much annoyance and constituting, it is alleged, a -iolation of the city ordinances. Saturday night a larger crowd than ever gathered to hear Burns, and the side walk was literally Jammed. .Sergeant Hogeboom was dispatched with two other officers to order Burns to move on. 'In the name of the City of Portland and State of Oregon, I command you to move on," said Sergeant Hogeboom. "Thank you, sir," replied Burns, "I am quite content here, and will remain, sir." "You have received orderts, and I will report to my superior officer as to your reply," said Sergeant Hogeboom. When the reply of Burns was received by Chief Gritzmacher. he Instructed the sergeant to present the case to Deputy City Attorney Fitzgerald. This was done yesterday morning, and a warrant was is sued immediately. "The Socialists have brought this trou ble upon themselves," said Mr. Fitzger ald. "There is no objection to street ad dresses, provided the laws are not vio lated. By the refusal to obey the order of the police, Mr. Burns laid himself liable to arrest." The case will be called today before Judge Corcoran. WILL ARREST SOCIALIST MAY BE DETECTIVES' CHIEF Clerk .Leonard Is Recommended for That Position by Gritzmacher. A Chief of Detectives Is apt to bo ap pointed to take charge of the secret service branch of the local police de partment, and for the position Chief Gritz macher strongly favors Archie leonard, at present stenographer at headquarters. Chief Gritzmacher spoke In high terms of Clerk Leonard yesterday, when asked concerning his choice for a head for tne detective staff. The salary of clerk Is $75 a month, and the charter provides for a salary of $100 a month for a Chief of De tectives. "I believe there should be a chief for tho detective force," said Chief Gritz macher yesterday. "Clerk Leonard has been performing his own duties and tne duties that fall to the office of Ch!ef of Detectives also. He has a good knowledge' of the business. Is a hard worker and would make a good head for the detec tives to work under. If there is to be an appointment, he would be my choice. He Is in every way deserving." Clerk Leonard has been connected with the department for many years. Ho Is a young man and has proved himself to be a faithful and efficient man for the position he has occupied. As clerk he has helped the detectives with cases, has handled all of their correspondence and 13 familiar with the faces of numerous crlm inals and the methods of their opera tlons. Samuel Simmons was Chief of Dctec Uves until his death, since when there has been a vacancy, the Chief of Police men In office advising that there be :iu new appointment. There Is also a -vacancy on the detec tlve staff, no one having been named to succeed Daniel Welner, who resigned to accept another position. This vacancy win proDaoiy bo filled. RESCUES VALUABLE DOG It Had Fallen Over Cliff to Led go Below. F. W. Torgler. while driving on Sunday to Bingham's Landing, lost a valuable setter dog. which fell over Elk Rock, near Oswego, while chasing some birds. The dog was missed soon afterwards, but as Mr. Torgler did not witness the accident, he supposed the animal had turned and gone home. The dog landed on a ledge lTO iect below and passers by who after wards discovered Its predicament, sent word of the fact to Portland. Detective Reslng and W. T. Shanahan. secretary of the Oregon Humane Society. were among thoje apprised, and yesterday morning they went to the scene. Mr. Torgler ascertained what had happened to his dog by reading a news Item con' cernlng what had occurred in The Orego man. yesterday morning. He also pro ceeded to the spot, accompanied by his son, and soon after they arrived Messrs. Shanahan and Reslng came along, and Mr. Donnell, Mr. Whldden and Mr. Ben son were also there. Ropes were procured and Mr. Torgler was lowered to the ledge, and after securing the dog. both were hauled up by the party above to the top of the cliff. Mr. Shanahan nearly lost his balance and fell over the cliff, and was caught Just In the nick, of time by Detective Reslng by the leg, and returned to a place of safety. The animal does not show any signs of injury. WATCH THE CROWDS GO To Seaside and Gearhart Via the A. & C. R. R, The great rush is on for J2.50 two-day tickets sold every Saturday and $4 season tickets sold every day. Train leaves Union Depot E A. M. dally and 2:30 P. M every Saturday. Apply at 248 Alder street or phone Main 906 for official information. Clatsop Beach souvenir book containing 30 beautiful half tone Illustrations free to everybody upon application at above address. Tickets sold at Union Depot. COLUMBIA RIVER TRIP. Steamer "Bailey Gatzert" Leaves Daily 8:30 A. M. for Cascade Locks and Return. Fine daylight trip up the Columbia. Grandest river scenery In all creation. Regulator Line steamer Bailey Gatzert leaves from foot of Alder street daily at 8:30 A. M., arrives back 5:30 P. M Restaurant on board. Seats for every body. -Round trip ticket, $1.50. Phone Main 914. The Denver & Rio Grande has estab lished through Pullman standard sleeolnir. car service between Portland and Denver. leaving Portland at S:1S P. JL. spending seven nouns m jaxe uity second day and arriving in "Denver afternoon of fol lowing day, For reservations c&ll at 124 hailI MAIL ORDERS Our thoroughly equip ped Mall Order Depart ment gives the best service one could de sire. Send us a trial order and be convinced. The Meier Frank Store Portland's Largest and Best Store , PHONE ORDERS Our telephone service Is the best in the cly Connecting every sec tion of the establish ment. Phone orders promptfy and properly taken care of. Custom Shade and Drapery Work Opt Specialty Best MiterUIs and Workmanship Always The Very Lowest Prices Guaranteed Third Floor Tnmks and Traveling Bags The Largest and Best Selected Stock on the Coast Every Good Size and Style Third Floor Principal Portland Agents for Bntterick Patterns and Publications August Delineator Now on Sale 15c a Copy Subscriptions Taken Also Silk and Lingerie Waists Our Entire Stock at Reduced Prices s An nnusual opportunity is presented to bay high-grade Silk and Lingerie Waists at a saving Par entire stock is offered for yoar choosing Magnificent styles Every one of this season's mann- 1SO-fciggerie Waists $ 7.45 $12.50 Silk Waists S 9.85 $10.50 Lingerie Waists ,$ 8.45 $15.00 Silk Waists $10.55 $ 11.50 Lingerie Waists $ 9.35 $16.00 Silk Waists $11.85 $12.50 Lingerie Waists $10.85 $18.00 Silk Waists $13.25 $14.00 Lingerie Waists $12.25 $21.00 SOk Waists $14.45 $15.00 Lingerie Waists $13.25 $22.50 SQk Waists $ 15.45 $18.00 Lingerie Waists $15.75 $25.00 Silk Waists $17.65 W'sts iip to $75 rednced 2d Fir. Waists np to $100 reduced Women's Knit Underwear Specials 3d Floor Specials 90 dozen Women's Swan brand Swiss ribbed Vests: high neck Double-faced tapestry couch cover. , , . , , it Oriental designs, blue and red, blue and long sleeves; white, pink and blue; all sizes; an tcrra coUa red and "en com- our best $1.00 values for the low price of . . . . fXTVn 2BIafor.,4.1Kh.a...g:JS Women s low neck, no sleeve fancy ribbed Vests, in Double-faced Bagdad stripe Couch white only; all sizes; regular 3oc value for mj4 covers, 63 inches wide by 3 Q Children's long and quarter sleeve Vests, knee length, plain or yards; resular 's values.... J. o lace-trimmed Pants : fine white lisle thread ; all sizes ; 0fug,1 wSy'corniw. portS' regular 35c values for the very low price of rtic. 43c value, yard .' 29c Misses' and Boys' hot weather Underwear in all the desirable Another lot of ind$f 4t0vaiueseathereJ styles and grades at the lowest prices in the city. for the loVprice of.achU.e.s.'...89c Tailored Suits Greatly Reduced Our entire stock of Women's High-Grade Tailored Suits go on sale today at decided reductions from the regular selling prices. This sea son's leading styles and materials are all included. Portland's only complete display of attractive tailored garments at a saving of one-half. Desirable suits ftr dress, Coast, outing and traveling wear. TH DETAILS Blouse, Jacket and Eton styles in Panama, cloths, broadcloths, cheviot, covert, serge and shepherd worsteds in navy, brown, green, black, tan, gray and fancy checks. Blouses fancy gimp and braid-trimmed, skirts flounce-pleated or flared styles, all sizes. The very best bargains in Portland today at the following prices : $16.50 Suits for $ 9.45 $2000 -Suits for $11.45 $25.00 Suits for $14.25 $30.00 Suits for $16.95 $35.00 Suits for $19.25 $18.00 Suits for $10.25 $22.50 Suits for $12.65 $28.00 Suits for $15.85 $32.00 Suits for $17.45 $40.00 Suits for $22.85 Women's Percale Shirtwaist Siiits Black and White Checks $1.45 Ea. Great special lot of 100 Women's black and -white checked percale Shirtwaist Suits, very attractive styles, waist box-pleated, skirt 7 gore; plain flare; just the suit for warm weather wear; all sizes. The grandest bargain of its kind we have ever offered, each 1.45 Bathing Suits "Women's Bathing: Sluts of navy blue mohairs; trimmed with white check, sailor collar and blue braid, all sizes; regular $4.00 value, for this i c Fflle at j.l J Chldren's Bathing- Suits of blue or red flannel: white braid trimmed, great value at the low price of S1.0S Women's Bathing Caps: fancy plaids and checks; rubber lined: 35c value CrCrC Women's black and white duck Bath ing Shoes, great value, pair 18c Camp Chairs 500 hardwood Camp Stools, worth 43c each. Xour choice A today at 4C Camp Stools with back. fl 50c value for OrC 10-foot Lawn Swings, ca for two passengers. . .$O.UU 10-foot Lawn Swing?, em rut four passengers, forlv.vAJ Home Comfort Chairs and swings on iron stand, adjust able to any position 4.50 Third Floor. Women's Golf Shirts 89c Hundreds of women took advantage yesterday of the great bargains in Mannish Shirts for outing, vacation and hot weather wear A hundred styles in mercerized lawns, madras, striped Ox fords, chambrays, et amines, linens, etc. Immense variety of the best patterns and colorings, all sizes Shirts that sell regularly at $ 1 .50, $ 1 .75 and $2 each your choice of this lot at tl,JiAr phenomenally low price of . . . O 7 1 See Fifth-st. window displayMail orders promptly filled Women's $3.50 Oxfords $2.48 Pair Women s $3.50 Low Snoes: Bluchers and Oxfords: in kid and patent leather: Goodyear welt; all sizes and widths; this season's best models: AQ your choice at. pair $J.4o Misses' tan and black Blucher Oxfords; heavy soles; best models; all ilzes, at reduced prices for this week only 5 to 8. pair 8Sc to Jl, pair 1.0S 11 to 2, pair .91.18 Misses' and children's patent leather or vlcl kid three-strap Sandals, all new styles, great values for this week, only 5 to 8,. pair 9Sc 9 to 11, pair 91J0H 1 to 3, pair fl.18 GREAT JULY SALE OF j Table and Bed Linen Specials Colored crochet Bedspreads; fringed, pink or blue: regular $2.00 r values, on sale for this week at 1 OtZ Colored satin Marseilles Bedspreads, fringed in pink, blue and r) Q red; 53.50 values at this low price .DO White Marseilles .pattern Bedspreads: liemmed; 700 dozen of them; great value at this low price CJC White Marseilles pattern Bedspreads: nemmed; regular 51.25 " qq values on sale for the low price of . C Hemstitched Damask Teacloths, 26x36 inches; very handsome . pieces: regular 52.09 values, each 1.25 Knotted fringe Damask Towels, 100 dozen of our 35c values to A be sold at the low price of, each Z4C Bleached cotton Huck Towels, 12ic values, each 9c Bleached satin Damask Table Linen: handsome patterns: our ei OQ best J 1.50 values on sale for, yard pl.ZO Bleached satin Damask Table Napkins; in pretty patterns; Q regular 53.50 values on sale for, dozen 9 s.OO Trunk Sale 36-in. canvas-covered Trunk.-strongly built, iron corners, brass lock; two heavy straps; our best 56.25 value, on sale at this low price 93JS6 32-in. canvas-covered Trunk, full linen lined with skeleton and top tray; division hat box, strongly built; beat lock, 511.25 value, on sale for. ..9&S 24-In. imitation alligator Suit Case, linen lined; best case ever offered at this price 6.47 23-In. leather Suit Case, flcured canvas lined with drop shirt fold; cc 57.03 valu for D.VAJ Canning Season Is at Hand. Mason Fruit Jars Plnts. 5e dozen; quarts. 73c dozen: -gallon, fl.00 dozen: best rubbers. 7c dozen. Economy Fruit Jars Pints, 83c dozen: quarts, 91.05 dozen: $5 -gallon, 91.35 dozen; extra caps, 2-tc dozen. 17-quart granite Dish Pans; suitable for cooking Xruit; great value, each C Large granite Mixing Spoons, each, for this sale 1 C Cherry Seeders for, each S8c Fruit and Jelly Presses; great tOr special value au, each I-'' 1000 covered Jelly Glasses. , . great special value, dozen 3lC 10,000 Jelly Tumblers, best value ever offered at .the low price of . dozen 24C Tin Fruit Jar Funnels, each 4c Fruit Jar Wrenches, each -...Sc Parafflne Wax for. cake I2c 1-burner OH Stoves at 48c IS lbs. of Western Dry Gran- - . Ax ulated Sugar, full weight. .. 1 .OO Mali orders promptly filled. Gret Values in Laces and Embroideries Swiss and cambric Embroideries and In sertions, of fine quality comprise an other grand bargain for Tuesday shoppers in our busy embroidery sec tion; prettiest designs; immense va riety: values to 40c yard, for 0 tnis sale at, yard "C White, black and colored Silk Chif fons, due quality, large assortment of leading shades; regular 51.00 value for the very low price of, c per yard '...JUC Beautiful Net Top Laces, dantlest patterns; values to 60c a yard, n for this sale, yard 7C Vudor" Shades Keep the Porch Cool on Hot Days 'PORCH SHADED A thonsand Portland homes' found a world of comfort in their porches last Saturday and Sunday, because they were fitted with 'Vudor" shades, the kind that keeps out the sun and still permits the air to circulate Made of linden fiber strips Securely bound; handsomely finished. Complete with pulleys and ropes, etc. Only practical porch shade on the marketPrices are unusually reasonable 4 feet wide x 8 feet long $2.75 each 6 feet wide x 8 feet long $3.50 each 8 feet wide x 8 feet long. ... $4.50 each 10 feet wide x 8 feet long $6.50 each 50c each less if you do your own hanging. 25c Wash Goods 1 5c Yard 3000 yards of beautiful new fancy Etamines and Voiles for Sum mer waists, skirts and suiting ; very best patterns and e colorings; regular 20c and 25c quality, today at, yard. . . Jv 1500 yards of white mercerized Waisting, very prettiest patterns and effects, that have sold regularly at 30c and 40c j o the yard, on sale today at the very low price of, yard. ... OC Imported India Dimities, in large assortment of new styles, and extraordinary value for this sale at, yard. . . C Leather Goods Bargains Today Women's Walrus Hand Bags, in black and brown, fitted with coin purse, viruna handles; regular 85c CJJ gs. value on sale for vf v New Souvenir Hand Bags, Exposition designs; your name or initials burnt on free; big variety; 50 to $4.00 Special lot of white and colored "Wash Belts; values up to 50c ea.; ea.l4 Lewis and Clark Souvenir Fans, ea..2p Button Specials Polished Pearl Buttons, 2 Jozen on a card ; regular value 10c dozen ; sale price, card JC Specjal lot of Smoked Pearl Buttons, 2 doz. on a card; 15c"valne, card.9 Hot Weather Housekeeping Supplies Garden Hose, .50-foot lengths, with pozzle, etc., complete, $5.25, $6.5, $6.50, $7;00, $7.75 and $8.00; all are guaranteed for one year. Basements v Lawn Sprays, 35p.and $1.00 each. Best models. Hose Keels, $1.00. Meat Safes, $1.35: each. 14-inch Lawn Mower, good model, $3.50. a Ice Cream Freezers, $1.75, $2.10, $2.50, $3.75 each. "LaBelle Refrigerators, charcoal lined, 2 adjustable shelves, 50 lbs. ice capacity, golden oak finish; regular flQ c $12.50 value for the very low price of "Gurney" Refrigerators, portable ice compartment, 63 lbs. ice capacity, golden oak finish : asbestos and min eral wool lined; $12.75 value at $10.63 Wash Suits Specials Boys' Khaki Suits, for coast and vacation wear; Norfolk style; ages 3 to fl 16 years; great value at r Boys' "Washable Russian Blouse Suits, in blue, tan, brown Chambray; ages 2 to 6 years ; matchless value fi i c r at the low price of ? Vl Boys' 2-Piece double-breasted Suits, in good serviceable mixtures; 8 to 15 it QO years; $3.00 value, at V -0 Boys' Blouses in white and colors, Eton col lar, 2Y2 to 7 years; $1.50 fl l P values, for the low price of . . . . P Boys' white and colored Blouses, combnia- tion collar and shield, zyn to yrs., reg. $1.50-$1.75 values Little Boys' and Girls' Rompers Cheviot; ages 2 to 7 years; great value at low price of . . . .. am. m Jl in .15 blue 50c Girls' Overalls of blue Denim, pair. .50J Infants' Wear Sale Second Floor Infants' Nainsook Dresses ; lace and embroidery; regu lar $1.50. value for.. $1.29 Infants' Skirts, trimmed in . tucks, lace and embroidery; $1.50 values for $1.29 Infants' Open Front Gowns, each . 43 Infants' Nainsook Slips, with round and pointed ,yokes; 75c values, for this sale. 68 Fancy Nainsook Skirts, with lace trimmed ruffles, inser tion and beading; $4.00 values on sale for... $3.12 Infants' hand-embroidered Sacques, each, only.. $1.27 Pique Jackets, hand-embroidered scallops; sizes 2 and 3; regular $3.75 values. $3.25 "White Pique Shoes, $1.00 val ues, for this sale, pair. .83 Infants' Kid Moccasins for the low price of, pair 27 Infants' Barefoot Slippers for the low price of 43 Iniants three-cornered, lace-trimmed Loat .Bibs, great in special value at the very low price of, each OC Toilet Articles Low Priced Dr. Graves Talcum Powder for tho toilet. Infants, after shavlngr. etc, srand special value at this low price C Coke's Dandruff Cure and jq . Hair Tonic; special at OzfC Eastman's Toilet Waters, violet, carnation and crushed roses, tri ple extract, great value at. jn per bottle OC 4-rovr Tooth Brushes, ladles' and Keats' sizes, best quality; great value at this price ...lC 3000 bars r.t the famous "Fairy" Soap, for toilet or bath. It floats. Special at the low price of bar .OC Fairbanks' Glycerine Tar Soap, the very best. cake.... La Prcmlera Castile Soap, the pur-,1 est ana nest on tne marKet; special at this low price cC Bath Brushes, with detach- -Q able handles, special at ...07C Adams Snampoo Brushes, regular 60c values, for . .43c