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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 19, 1905)
II TELLS OF BUM! SOME PROFIT - i - 4 j - '4K Elizabeth, Busch Relates- a Strange Tale.- IS NECESSARY! SAW NEIGHBOR IN ROOM Court Holds Frank J. "Schurtz lo THE HORNING OREGONIAN, TUESDAY, SEPTEMBER 19, 1905. uib uranu oury on JLesiiniony of 1'ourtecn-Xcar-OId" Girl. ' V 1 KttzJetH Busch, a slip of a girl aged II rrs.. mounted the witnos stand in the Municipal Court yesterday morning and to Judge Cameron related what Is per haps titc most weird and remarkable story evr tM In that room, where so many strung tales-of human Interest arc heard. Elizabeth was the star witness against. Frank J Schurtz, next-door neighbor tp" nw family, living at 332 Isorth Seven teenth street. He was charged with bur glary. ut so strange were the features surrounding the case that it is easily the tnoFi remarkable made public In police rircls for years in Portland. "At ItJi o'clock the night of September T. I was awakened by a frightened out cry from ray little sister, Freta." said Elizabeth. "1 leaped from my bed to the floor. Steter screamed, 'Get out of the room. Then I saw a man; he was do to me. He said, 'Lizzie, where Is row father's money?' I replied, 'In the bUckamtth shop.' I said, 'Is that you, Mr. Schurtz? He answered, 'So; who is Schurtz? I recognized his voice, -then his features. I am positive the man was air. Scourtz. I smelted some odor in the room. It was afterward shown me by Detective Hartman: It was chloroform. I started to go to my father's room, and the man lumped out of the window and ran. I railed father, and told him what had Happened." On cross-examination, Attorney JohnF.' Watts drew forth from Elizabeth the fact :nat she could not identify Schurtz by his tace, and that she had told many of her friends that she desired to become a law .r. She emphatically denied tolling any n that she was "going to work up a Preta Busch, aged 7. took the stand, but ihe thought qhe was halt asleop during .he strange occurrence, and because of ms. could not gtve positive evidence. She Uere4 she did scream, as her sister tes--ind. but was not sure. She was almost Msttlve that she felt a hand laid upon tier face, and thought that was what t wakened her, but that might have been i dream, she said. Ked Monger, a druggist at 335 Seven teenth street North, swore that Schurtz .-ate red his store at 10:06 o'clock that night and purchased 10 cents' worth of rbtoroforxn, saying he was going to kill a oat. Detective Hartman, who handled the cac for the police, swore that he secured some chloroform, and, without telling SUsabeth Busch what it was. gave her a whiff of it. and'asked her if that was the peculiar odor she smelled in the room the night of the burglary. She said It was. Hartman also said that when he wont to serve the warrant on Schurtz, the latter, before being informed for what he was wanted, said he supposed it was for the burglar' In the Busch home. When Schurtz took the stand, he admit ted going to the drugstore and making the purchase of chloroform. He said he used the drug to kill a cat and to use on a boo. He had worked.' for the Oregon Trwoofer Company for ten years, he said. He said he worked until 9 o'clock the night of the burglary of which he was accueed: that he then went home, ate supper, chatted with his stepson a while and went to sleep. He said he heard a disturbance shortly afterward, but paid no attention to it. It was two days be fore he knew of the burglary, he swore, and then Busch accused him. That was how he suspected, ho said, that Detective Hartman wanted him for that crime. He dented emphatically over entering the Busch house. Daniel Schurtz, aged 14 years, testified that whon Sehurtz came to bed that night he laid his head, as usual, on his step father's arm. Awakening quite a length of time afterward, he was in the same posit ion. he said. So peculiar were the circumstances, as related by the witnesses, that Judge Cam eron held Schurtz to the grand Jury. Although City Attorney McNary did not order the release of four young men cap tured In a raid by Sergeant of Police Baty and Acting Detective Hillyer, at J. W. Relfenrath's saloon, last week, they wore discharged by Judge Cameron yesterday, with the consent of Deputy City Attorney Fitzgerald. Relfenrath. as proprietor of the establishment in which the alleged poker game was running, was fined $2 the minimum. In addition he was warned not to permit such a thing to occur again, or his line would be heavier. Those arrested were B. A. Powers, J. E. Borne. James Day and J. French. Pat rick Powers, the Democratic warhorse. called on Clerk Hennessey and declared his Intention of "making it hot" for the city officials, unless they should release his son, as was done in the case of wealthy and prominent citizens of Port land and Oregon recently, when they were captured by Detectives Carpenter and Restag in a poker game in the Imperial Hotel. Tern Roland, charged with assault and buttery, and who bit a chunk out of J. emlere s cheek, was found guilty by Judge Cameron and fined 535. which he promptly paid. Attorney Watts addressed Judge Cam eron concerning the tiling of a complaint by Joe Day, assistant to Headquarters Detective Vaughn, against Dr. H. E. Floyd. Mr. Watts objected to this being done. as. ho said, the alleged offense was committed In Humboldt County, and he always thought that complaints against persons charged with crimes had to be filed where the offense alleged occurred. The case will be herd this morning. G under Olson is tW first man who ever entered police headquarters in this city and gave himsolf up because he feared he might get drunk. Ho did this Sunday night, and Judge Cameron fined him $: yesterday morning. There being not a particle of evidence against Frank Conzales,.,the man returned to this city from Denver at considerable expense to the state, on a charge of lar ceny and an allegation of murder, he was discharged from custody by Judge Cam eron yesterday morning. C. P. Wilson signed a complaint charge lng Gonzales, a former roommate, with stealing a coat and vest, which he said In the complaint was valued at $35. He admitted, however, when cross-examined by Attorney John F. Watts, that he paid only 525 for the entire suit when he pur chased It. A. man on whom the prosecu tlon practically rested Its whole case "fell down" and failed to Identify Gonzales as the man who pawned a coat and vest several weeks ago. After the case wasdlsmlssed. Mr. Watts stated he purposed filing a suit against Deputy Shenrr corflano. who Is said to have been active in securing the return of Gonzales, but who was unable to furnish a scantltla of evidence. .- Reason dealers cannot sell 6 Tom Keenes for a quarter Thousands of dealers sire loyal fo the public in handling the finest quality at lower profits instead of pushing inferior brands at larger margins. For the benefit of such dealers we frankly in form the public that the cost of the Tom Keene is so much higher than that of other 5-cent brands commonly sold that the dealer makes only a marginal profit in one sale at 5 cents. The gain is only on the bulk of a large steady sale. Practically all profit would be sacrificed if six Tom Keenes were sold at 25 cents. So please don't ask it. The reward of quality should be greater pro fit; bat it can only conic from a. greater sale Nobody boosts a. true QUALITY prep osition but its maker. Milvrauklo Country Club. VLaKtrm. and Seattle races. Take Rfrll wood arid- Ortxoa City cars, First and Alder We are advised that it is suicidal in us to publicly acknowledge these facts and still more antag onize those dealers who are fighting the brand on ac count of its close profits.f As they do not like to pay the price, they knock the cigar you want and push inferior brands at larger profits. But the consumer is taking care of us very satisfactorily,! IT'S UP TO YOU, MR. SMOKER, to get what you want. If you want a superior cigar genuine American Vuelta tobacco filler with a mild, mellow aroma that rich Java Coffee taste of Cuban Vuelta leaf but tariff free try the Tom Keene Cigar, 5 cents straight. J. R. SMITH CIGAR CO., 225 Pine Street, Portland, Or., Distributers to Dealers it IY DUST EDWARDS Quo Warranto Action Against St. Johns Councilman. TAXPAYER GOES TO -COURT It Is Declared That Defendant Is Ineligible, as He Is Not a Property - Holder In That City. In an effort to settle the troubles exist ing in the government of the town of SL Johns, John Haggerty, a taxpayer of that place, yesterday filed quo warranto pro- , ceedlngs in the State Circuit Court, ask lnc for the removal of C. D. Edwards as 1 Councilman, which office the complaint recites is usurped by Edwards. "Without Edwards, the Council consists of six other members, who stand 2 to 8, thus creating a deadlock, and also busi ness transacted is questionable. The facts In the case, as set forth, are that Edwards, In April, 1903. was elected Councilman for the First Ward for the period of one year. On July 17 following, he disposed of all hts property In St. Johns and ceased to be a freeholder, thus becoming ineligible longer to hold the of fice. Edwards on this date tendered his regisnation as Councilman, so It Is alleged. On July 20 the resignation was read and publicly proclaimed In the Council, but no action was taken. On July 26. Ed wards gave notice in writing of with, drawal of the resignation, and at a meet ing of the Council, held on August 16. the matter was considered. Councilmen Peterson. Xdnqulst and Thompson voted In favor of accepting the resignation, and Councilmen Brlce. Legette and Shields declined to vote. Mayor King decided the vote a tie, and things have remained in this state even since. It is alleged that the business of St, Johns Is kept In a tumult, and the court is asked to declare that Edwards has no right to the office, and to declare it vacant. Ogelsby Young and District Attorney Manning appear as counsel for plaintiff. dren from learning to work and be coming industrious and self-supporting1. This law, he said, took the con trol of children away from their parents and was contrary to both the Federal and state constitutions. Robert Galloway aued in support of the statute, and said laws must be enforced, and that there was no law which did not work a hardship on sonjebody. Pickpocket Is Convicted. J. Guttman, a pickpocket, who was caught by Mrs. Tlllie S. Moore, of Seat tle, with his hand In her pocketbook, at the- Lewis and Clark Exposition, several weeks ago, was .tried and convicted by a "Jury- in Judge George's court yesterday. The affair occurred in the Government building, and Detective C. B. Peyton, who was on hand looking for men of Gutt man'j kind, placed him under arrest. Mrs. C. P. Adams, who accompanied Mrs. Moore, was a witness for the prosecution, as- was also Detective Peyton. The evi dence gtren was of a positive character. In his own defense Guttman took the wit- i ness stand and entered a general denial. ' He stated that he was visiting the Ex- position, and was walking around bare headed, carrying his hat in his hand, at the time he was accused of attempted theft. The Jury returned a verdict of guilty after brief deliberations. The Ex position management Is determined to keep the Fair free from crime, and to punish offenders, and with that oblect In view paid the expenses of Mrs. Moore and I Mrs. Adams from Seattle to Portland and return, so that they would be here to testify. land, and one share among the four daughters of Joseph W. Blrdsall, a. son, deceased. For Violating Ten-Hour Law. An Information against V. Muller charg ing him with requiring Mrs. E. Gotcher to work more than ten hours In his laun dry, was filed in the State Circuit Court yesterday by District Attorney Manning. This Is contrary to an act of the Legisla ture making It unlawful for a female to be required to work over ten hours in any one day In a laundry. Bertha Gerhkc. Helen Peterson. Eunice McLeod, Esther Brooks, Mrs. Reeves, Maud Reeves and Mrs. E. Gotcher are the witnesses In thfe case. Will Dccldo Cases. Judge Frazer will decide the following suits tommorrow morning: Blair T. Scott vs. Washington Life In surance Company; motion to strike out parts of answer and motion to make an swer more definite and certain. Sophia B. Keefer va J. C. Havely et ah; demurrer to answer of Minnie I. Foster. Joseph M. Manning vs. R. F. Moore; demurrer to complaint. Boring Junction Lumber Company vs. J. W. Roots; demurrer to complaint. Charles F. Lord vs. Francis J. Heney; demurrer to amended complaint. Martha M. Kunz vs. The Oregon Rail road & Navigation Company; demurrer to complaint. TESTS CHILD LABOR ACT City Messenger Manager Claims It Is "Unconstitutional. The constitutionality of the law which provides that no child under tho age of 14 years, shall be employed in any factory, store, workshop, 'mine, telegraph, telephone or public messen ger office, and that no child under the age of 16 years shall be employed at any work before 7 o'clook in the morn ing, or after 6 o'clock P. M., nor for a longer time than ten hoars a day, was attacked before Judge Sears yesterday by W. T. Mulr, attorney. John F. Shorey, manager of the Cily Messenger & Delivery Company, was on trial on charges of requiring- Fred Wagenblast, aged 15, and Edmund Holt. 14 years old, to work after 6 o'clock In the evening. Mr. Storey contends that the work Is not arduous, the boys are willing and earn good -wages. The penalty for a -violation of the law is a fine of $10 to 325 for the first offense and from $25 to $50 for the second offense, and Im prisonment not less than ten nor more than 37 days for the third and each succeeding" offense. Mr. Mulr contended that the law is inconsistent with the constitution, and Imposes a hardship upon both children and employers. "Suppose a boy cuts wood before 1 o'clock In the morning, he Is violating the law," said Mr. Mulr. "Suppose a boy wants to make tS or $10 watering lawns In the Summer evenings, he cannot do It. The law says he must not work after 6 o'clock. There are thousands of similar illustrations. Mr. Mujx covered the, ground at length. HC asserted that child labor acts were meant to keep children out st aw.thopfl not to prevent chil- File Incorporation Articles. Incorporation articles of the Midway Improvement Company were filed vester day in tho County Clerk's office by Lewis H. Adams, Oscar G. Downing, Isaac Grat ton and Charles M. Tabke; capital stock $1000. The objects are the construction of a town hall for the use of a volunteer fire company at Midway, etc Incorporation articles of tho Nob Hill Cafe Company were filed In the office of the County Clerk yesterday by Louis Chapln, John Shields and A. Shields; cap ital stock $700. The objects are to carry on a retail liquor business. Appointed Administrator. Charles E. Ladd was appointed In the County Court yesterday administrator of the estate of John R. Beattle, who died In the insane asylum at Salem. January 6. 197. He was committed to the asylum In 1SS7, and Just prior to the commitment Mr. Ladd was appointed his guardian. The property Is appraised at $4535. The heirs are Janet BeaCtle, the mothor of the deceased, residing at Guelph, Canada: Francis R. Beattle. a brother. In St. Louis, and numerous other rolatlves. Husband Seeks a Divorce. Because of desertion and cruel treat mentment August L. Schwabel has sued Clara Schwabel In the State Circuit Court for a divorce. He alleges that sho swore at him. and compelled him to sleep In a barn, and left him In the Summer of lSOi. They were married at Troutdale In 1SS2. Schwabel owns 1C0 acres of land. Ing permission to Erickson's son-in-law to "run on the quiet." Is not known. Warrants were Issued for the arrest of Alex E. Lodell and John Carlson. 414 Xorth Nlnteenth street; Shea & Kelly, ltt -Fourth street, and William Moffat, 171 First street, for violations of the ordinance governing the early closing and women in saloons. Judge Cameron is still firm In his de termination to demand positive evidence from policemen who make arrests for violations of this nature, and it is Im possible that there will be any more con victions In cases where the evidence simply, discloses the fact that the officer saw persons entering or emerging, or heard the cash register ring after 1 A. M. As published In The" Sunday Ore gonlan. x Judge Cameron demands that officers shall notify saloonkespers of violations, must knock for admission, and. If admitted, view whatever Is to be I seen In the way of violation of law. Should entrance be denied, this fact would count ngalnst the accused. POLICEMAN IS REBUKED PATROLMAN JOHNSON SUFFERS REPRIMAND. Bequeaths Estate to Friend. David King. In hts will filed In the County Court yesterday, bequeaths an estate valued at $5000 to his friend Vernee H. Koontz, as an acknowledgment of his friendship and kindness during the later years of the life of the testator. Sues to Foreclose Mortgage. F. Carlo has Instituted suit In the State Circuit Cou-t against William Huss and wife to foreclose a mortgage on the east half of lot 1 and all of lot 2. block 10. Woodlawn, on which there Is $273S due. Will Render Decision. Judge Sears will render a decision this morning In the suit of George H. Williams et al. vs. Wells, Fargo & Co., on motion for Inspection of books. ErECLVL EXCURSION' RATES. Very Ixj vr Inrty-Dax Ticket. Eat Offered by O. It. X. September 15. 17, the O R. & N. sells 90 day special excursion tickets to Eastern points; stopovers granted going and re turning. Particulars of C. W. Stinger, city ticket agent O. R. & N. Co.. Third and Washington streets. Portland. Women, from their sedentary habits, are often subject to headache and consti pation. These are quickly removed by Carter's Little Liver Pills. Judge Cameron Takes Him Before Acting Chief Grltzmacher for Unseemly Conduct in Court. Lack of, discipline in the Police Depart ment was severely rebuked by Municipal Judge Cameron yesterday morning, when Policeman Johnson "kicked over the traces" In a certain case. The officer was called to terms by the court, who took him before Acting Chief Grltzmacher. The latter reprimanded Johnson. Policeman Johnson arrested Annie Ad ams and Lizzie Pritchard, charging vag rancy, and w;hen their cases were being considered by Judge Cameron and Deputy City Attorney Fitzgerald, In Clerk Hen nessey's room, a proposition was advanced that they pay a fine of $10 each and leave the city; they agreed to plead guilty. "I believe that to be the best way to dispose of the case," said Deputy Fitz gerald. "In that manner the city gets probably as much as the fine would be If they should fight the case and be found guilty, and besides, we get rid of them and they will not bother the officers here any more." Judge Cameron was willing to accept this proposition, and told Policeman Johnson, as a matter of courtesy, what was proposed. "I won't stand for It." loudly exclaimed Johnson. "I won't stand for any such a proposition." "I'll Just -see you before the Chief after this session of court is over," said Judge Cameron, addressing Johnson. "You can't talk that way, my boy, In this court." Johnson sat throughout the session, which continued from 9 A. M. to 2:20 P. M., after which - he accompanied Judge Cameron to -the office of Acting Chief Grltzmacher, where a statement of, the case was made. The women. In the mean time, had forfeited ball of $10 each. John son was admonished to behave himself more seemly In future, and there the matter ended. There has been some trouble during the last two months with policemen who have had cases in court. They appear to have highly exalted opinions of themselves, and some of them have become very imperti nent toward officers of the court, making demands that could not well be granted. For example, one officer, because he failed to secure a conviction, exclaimed from the witness stand, that he would never come Into court again, as It was no use; that he could not secure convictions. "I am determined that officers shall de port themselves In as proper a manner aa any one else while transacting business In my court," said Judge Cameron. . m Concessionaires Are Sncd. H. B. Ward &. Co., contractors, have sued the Alaska & Klondike Exhibit Company at the Exposition to recover $3349 balance due for constructing the building and for extras ana claims paid. The receipt of $3000 on account is ad mitted. H. B. Ward l Co. have also sued the Bolossy Klralfy Venice Company for $1909 balance due for construction work. In this case $3000 has also been paid. Part of the claim is for alleged extra work. Sues for Heavy Damages. The trial of the suit of George W. Stew art against .Nlcolai Brothers Company, for $10,003 -damages for personal Injuries, was begun before Judge Cleland and a' Jury yesterday, and will be concluded today. Stewart was engaged as a teamster, and alleges that , he entered the mill early one morning. In the performance of his duties, fell through a hole in tho floor and was badly injured. He was brought Into the courtroom In a wheel chair. Will Goes to Probate. Tho will of Benjamin A. Blrdsall, de ceased, was admitted to probate In the County Court yesterday. The estate con sists of $10,000, principally In money and property in Is or th castle, N. J., valued at $5000. To Martha B. Blrdsall. wife of Robert H. Blrdsall, a son of the testator. Is devised $1603, and the remainder of the estate n,e share "each to Robert H. and T-koratoa jBtrdt&H cos midiac in Port. LATE ON THE QUIET ERICKSON'S SON-IN-LAW SAYS HE HAD CHIEF'S PERMISSION. Resort Found Open at Two O'CIock in' the 3Iornlng and Com plaint Filed. "You can run late 'on tho quiet, " is what August Erickson's son-in-law told Policemen Anderson and O'Brien Acting Chief Grltzmacher told him. according to a written report made by -those two offi cers and turned In to Captain Bailey, com manding the second relief, yesterday morning. Whether or not It was "on tho quiet." Policemen Anderson and O'Brien report ed to Captain Bailey that they found Erickson's resort wide open at 2 A. M., there being between 40 and 50 men in there. Acting upon Instructions from Captain Bnlley. and which have long been stand ing. Policemen Anderson and O'Brien turned In a written report on the Erick son case, and when the report was shown Acting Chief Grltzmacher, he caused a request to be made for a warrant for Erlckson. Erickson's saloon Is on Burnslde street, running from Second to Third, and has long been under suspicion of keeping open after the hours prescribed for clos-a Ing. Many times during the Williams regime; complaints were laid against the proprietor, and he has paid fines Into the Municipal Court for violations of the ordi nance. It was understood that Erickson's and one or two other big establishments regularly disregarded the law. Whether or not Acting Chief Grltz-macbtr- .will take the stand and deny, glv- grSf' tit!-. I- 3 3 at. TheWinningStroke If more than ordinary skill in playing brings the honors of the game to the winning player, so exceptional merit in a remedy ensures the commendation of the well informed, and as a reason able amount of outdoor life and recreation is conducive to the health and strength, so does a perfect laxative tend to one's improvement in cases of constipation, biliousness, headaches, etc. It is all-important, however, in selecting a laxative, to choose one ot known quality and excellence, like the ever pleas ant Syrup of Figs, manufactured by the California Fig Svrup Co., a laxative which sweetens and cleanses the system effect ually, when a laxative is needed, without any unpleasant after effects, as it acts naturally and gently on the internal organs, simply assisting nature when nature needs assistance without griping, irritating, or debilitating the internal organs in anyway, as it contains nothing of an objectionable or injurious nature. As the plants which are combined with the figs in the manu facture of Syrup of Figs are known to physicians to act most beneficially upon the system, the remedy has met with their general approval as a family laxative, a fact well worth con sidering in making purchases. It is because of the fact that SYRDP OF FIGS is a remedy of known quality and excellence, and approved by physicians that has led to its use by so many millions of well informed people, who would not use any remedy of 'Uncertain quality or inferior reputation. Every family should have at bottle of the genuine on hand at all times, to use when a laxative remedy is required. Please to remember that the genuine Syrup of Figs is for sale in bottles of one size only, by all reputable dnifcgists and that full name of the company California Fig Syrup Co., is plainly printed on the front of every package. Regular price, 50c per bottle. X0F9RNIA Ete Syrup FP T -w"A5C li Mrpmr