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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 28, 1905)
THB MORNING OEEGONIAN, THTJRSDAX, SEPTEMBER 28, 1905. 11 JURY FINDS ALL THREE GUILT! trOeMteacd Frera rage 1.) right Involved, as in the 3(lttM du. In his opinion the case vmU fee appealed to the Circuit Court of Amw though ivo plans had been ihwif-ct Rfpreeentattvc WtHlamsen and his at. UnMr, A. S. Bennett, wore seen last Mgfat at toe Import r1 Hetol, and an effort -vims wiic to got statements from them. 1 leave nodrtwg to say," a.ld Represent ative WINfe-mson. "feat I thank you just tfee same for the offer. Attorney Bennett, who was clopeted wttk RoproFenttUive Williamson at the ttane, made Ue same reply when asked far a x&tentant. "We h&vo bo statement to matee toaigbt." soM Mr. Bonnett, "for we bare Mt made up our minds Just how wo w4lt procooo." JUDGE HUNT'S CHARGE FAIR Attorneys Conclude Arguments and Case Goes to Jury at 5:20 P. 31. Jooat Horn pave a very strong charge the jnry alter the attorneys for the Government and the prosecution had end ed tnetr vernal war &t 2dr o'clock. The rnorce was full and fair and was satls fttctnry to both sides of tho controversy tnomdt several obiecttons wore made at the done of the reading by Mr. Bennett, wno atatoa tnat he did so In the majority f Instances In order to clear the record of Uee defenee JnnK Hnnt in bis addross to the jury tne case ax outlined In the lndlct- t from tne arst to the last. He out lined tne moaning and allegations of the Inmctmewt. denned the 'statute under wMrh the Indlctaient was brought, do Sned tne nature of a on tract, tho weight tkmx sbnuM be given to circumstantial and tne effect of the evidence of an the defense alleges the for tne Government to bo in promt port. Attorneys listening to the rnarne were unanimous In expressing their annreemtkm of Its fairness and Its eseeDeat Interpretation of the law. Must Be Proved Guilty. The Jnnne tn delivering his charge hold that the defendants wore not to be preju diced hy the more fact that they were Indictment, for the law held that wm Innocent until he had beon to he gtttlty. A reasonable doubt was donned by the at length, and it was held that the tevttotony loavc a settled con of guilt tn the minds of tho jury then there could be no reasonable doubt. Inane Hunt next turned to the statute nmVc which the Indictment was returned and road It, after which he outlined tho alhwaxlone of the indictment. He held that a common design was the essence of any conspiracy and this design might bo imi'ind by different men in diverse ways thowtch leading to a common result The act of one In the consummation of a ton fndracy was the act of all. Poultln evidence was not necessary in the court hold. It was not for each of the parties to com mit the act. for the act of one bound all. The knowledge of the defondants could He tmtahHnliBJ by circumstantial evldenco. The dr-unetaaces. however, must not only he coneittstvc of the guilt but Incon sistent with any reasonable hypothesis eKeept that of guilt before a verdict of frailty most be returned on the strength of such evidence. Judge Hunt said that any man who pro cured another to commit perjury was tnrtTty of subornation of perjury whether tlie object of the act was accomplished or not It must be intended, however, by the person inducing the false swearing that the swearing should be fal-i. or he should know that It would be so, oofore he would Ve guilty of subornation. What Constitutes Contract. In treating of what constituted a con tract the Judge held that thore must be a meeting of minds exprossed in some tangible way. One party might Intend to sen the land he had acquired and the other to buy. hut unless there had beon some understanding of that t&-.t It could no: he construed Into a contract. An entryman must apply for a claim in good faith and he cannot be a tool of an ther to take land with the definite In tention of setting k to the second party. Oi the other hand a claimant has a right to take a dahn even though he Intends at The time to convey It to some unknown third narty when he is glvon patent to his nttag. In other words. It is not the Intention of the law that a man cannot sell his dahn. once he has secured It in jroed faith, hut he cannot work under the Tram m. On or suggestion of another or under a prior agreement. Judge Hunt held that although there had been testimony Introduced to show that Dr. Oosner was In the market to buy time or land, yet such a fact did not noces wwily prove him guilty of violation of the law Aa aaatfcaat would liavo a right to make a temporary disposal of tho graz ing prtrtloges of his claim, and this did not prove conspiracy In Itself. If a man had pone honorably and In good faith to seek the advice of a lawyer, the court held, and tn good faith and honestly had followed the advice given. he could not he convicted of crime committed as a re Nail of such action, even if the advice was a misstatement of the law. Real Question at Issue. The real ouostlon Involved In the case, the court said, was whether or not "Will iamson, Gesner and Biggs had entered Into an agreement to procure the lands after having first known that it would he necessary to procure men to swear Taipei y to the papers sent to the Land 0ee The conasei for tho defonse had asked for instructions regarding the testimony of accomplices, the court stated, and it was hold thai while tho. Government wit nesses might be classed as accomplices In some instances, still such testimony was cf weight and often of 'groat Importance. The court hold that If. in the minds of the Jury, the witnesses for the Govern ment, at, the time they filed upon the claims, had with knowledge sworn false 1? . then they became accomplices with the conspirators In the commission of perjury. The fact that all of the defondants had taken the witness stand was commented upon hy the court. Such a course was a prlx-Uoge, and in determining the weight of the testimony given, -"the court held that the solf-intcrest of the witness thould b taken Into consideration, to lther with his previous -character and general bearing white upon the stand Judge Hunt also held that while the es tablishment of previous good character had weight, yet If the evidence showed pirirt. the oaarnctor would" stand as no bar to conviction. The court stated that the evidence concerning Williamson's deal ing in state land had been admitted In order to show a prearranged scheme to vecure control of the range near his home ranch. Judge Hunt Instructed the Jury that three verdicts could be rendered, one of frailty as to all the defendants, one or guilty as to two. not guilty as to all, or. a case none of these agreements could be reached, the court could discharge the body when It was evident that they could aet xjrree. C&sc Goes to Jury at 5:20 P. 3f. It was o'clock In the afternoon be fore Judge Hunt was able to deliver his charge Mr. Bennett filled the forenoon SUMMARY OF THE EVIDENCE OF PROSECUTION AND DEFENSE AND THE ' JUDGE'S CHARGE The testimony given in the WllHamson-Blggs-Gcsncr case" spread over a long extent of time. The defendants were accused of a conspiracy to suborn perjury by Inducing many residents of the vicinity of Prinevllle to swear falsely In filing upon timber-land claims. The witnesses for the Government all testified that there had beon aa understanding between them, and Dr. Gesner In regard to their taking timber claims for tho benefit of the Arm of Williamson & Gesner, which firm wished the land as a protection to their range. The witnesses testified that Gesner had offered them a net profit of 975 a claim if they would file upon the land, or that he would give them $303 for each claim. The witnesses, or a large number of them, had met Gesner and talkod the matter ovor, after which they had filed. Biggs had told the claimants that there" 'could be no written contract, but that thore could be an understanding about the land, and that they could borrow the money of Gesner and could sell the claims to him, provided they made no definite agreement or contract to do so. The witnesses all testified that It had been their Intention to sell their claims to Gesner as soon as they had socured patent. Dr. Gesner had gone to Biggs to find out what could be done to protect his range, and had beon advised by the United States Commissioner that he could lond money on the claims and could intimate to the men that they would be worth $E00 to him as soon as title passed frm the Government. Morrow & Koenan, a rival sheep firm, had leased a large part of the range wanted by Williamson Si Gesner; and it was to overcome this advantage that the schome to .gain control of the Government and school land was formed. It was shown by the evidence that Williamson & Gesner borrowed 13000 at Prinevllle and that Williamson afterwards borrowod $S0X of the banking firm of French & Company, 'at The Dalles, all of which money was used to pay the expenses of the claimants who filed upon land at the Instigation of the defendants In the case. The defense contended throughout the trial that Dr. G can or and the other defendants tried at all times to keep within the law. Gesner bad consulted Biggs and had honestly followed Ms advice. Biggs had honostly given the ad vice, and still held it to be the law. Biggs had said Gesner could Intimate the value of the claims, and could lend the money to the claimants, but that he could not make a contract In any way. The defense contended that the whole issue of the case was the Intent. The defendants admitted having dene a great many 'things alleged In the Indictment, but set up the dofease that their motives were pure. They had made no agreement to buy or no arrangement by which the claimants wore to sell to them. Bach claimant was free to sell to whomsoever he pleased. It was further contended that Representative Williamson had - no connection with the case as shown by any direct evidence. He had consulted with Gesner about protecting the range and had agreed with the advice of Biggs. He had known that the firm money was being used and had negotiated the loan at Tho Dalles, but he had known of no talk made by Gesner or of no Implied or real oontract with the claimants, and did not believe that there was such a one in existence. The charge to the Jury by Judge Hunt was a very fair and exhaustive document. He said that a reasonable doubt was one that left an abiding conviction In the minds of the Juror that tho crime had not been fully shown. He said positive ovldence was not necoseary to convict on the charge, nor was It neceooary for each of the defendants to take an active part in the conspiracy: the act of one bound ail. In making a contract the court held that the minds of the principals must meet In a definite manner, though no word need be spoken, but unless there was such a meeting of thought, no contract could be proved. An entryman must apply for tho claim filed upon by him In good faith, else his oath of application would constitute perjury. The court held that the real Issue of the case was the Intent of the defendants at the time they decided to pro tect their range. If thoy honestly followed the advice of Biggs and thought It was honestly given, then they were not guilty of the crime, oven though the law had been misstated. up to 10:30 with the last remarks of his closing address, and then Mr. Honey be gan his presentation of the case for the Government. Noon found the District Attorney only fairly launched In his ar gument, and an adjournment was taken. At 2 o'clock he began again, and occupied the afternoon session until midway be tween 3 and 4 o'clock. Judge Hunt then announced a ten minutes recess while he and the attorneys discussed the charge to the -Jury. The case was finally given Into the hands of the 12 men at 5:Si. The argument of Mr. Heney was ex haustive and covered every point raised by Mr. Wilson and Mr. Bennett in their addresses to the Jury- He matched Mr. Bennett's self reference with a short his tory of himself, when he related that he had hammered the head of a drill in Idaho, had run a cattle ranch, had been thrown off the hurricane deck of many a broncho, had punched cows In Arizona. DETAILS OF THE CONSPIRACY By Which Williamson and Gesner Sought to Gain Control of Public Range The chronology of the Wllllamson-Gesner-BIggs case, according to the testimony Introduced by the prosecution, tells the story of the conspiracy, and shows the details of the scheme formed by Williamson and Gesner to gain control of the range surrounding their snoop camps. March 27. 192. the sheep firm of Morrow & Keenan applied. to C. E. S. Wood, attorney and agent for the Willamette Valley & Cascade Mountain Wagon Road Company for the lease of eight socUons of road land adjoining the Williamson and Gesner range. May S. 182. Dr. Van Gesner wrote to Mr. Wood applying for a large number of sections. Including those asked for by Morrow and Keenan. June 12, 1392. J. X. Williamson called upon Mr. Wood in Portland and found that the eight sections had been leased to Morrow & Koenan. June 3, 1502, Marion R. Biggs qualified as United States Commissioner. June 13, 1K2, Mr. Williamson left Portland for Prinevllle. where he re mained until June 25, and. according to the testimony and admissions of the defendants, it was at this time that Williamson and Gesner first discussed what could be done to protect the range from Invasion by outside interests. June 27 or 28, 1902, Dr. Gosnor and Charles Graves, tne surveyor, wont to the shearing plant to locate the claims upon which filings were to be made. About the same time Campbell A. Duncan and a numbor of the pros pective claimants gathered at the shearing plant to listen to the proposition made them by Dr. Gesner relating to the taking of claims. June 30, 1902. eight of the claimants filed before Biggs on claims solootod for them. July 1. 1M2. Mrs. Williamson filed at The Dallos upon a piece of land selected for her by Williamson and Gesner. July 1 to August 5. 190S. all of the claimants filed upon land selected for thom by Williamson and Gesner. the raembors of the firm providing the money to pay the filing fees in most instances. November 24, 152, Williamson and Gesner road an article In The Ore gonlan setting out an Interview with Secretary Hitchcock, In which that official promised to Investigate the timber frauds of the country. Many of the claimants wore at once advised to relinquish their claims, as otherwise trouble might come to the firm. December IB. 1902. Williamson signed a note at the bank of French & Co.. of The Dalles. lor JC000, with which many of the final proof fees wore paid. December, 1908. and January, 1904. the money paid by applicants was re turned by the Land Office at The Dalles, "pending investigation as to the bona fides of the claims. April and May. 1904, T. B. XouhausoH was sent to Prinevllle to Investi gate the bona fides of the claims, at which time he socured affidavits from many of the claimants establishing the fact that the law had beon violated. Upon these affidavits the investigation was based, rosulUng In the return ing of the indictment. A. B. M'ALPIN'S PHOTO OF fcsifr WfrTiHt Bamj?''!' 3m"i7J35nSlHal ammmmmBinnnnammmamBafammEw&iJnt SfSnBBB5wBBu3B ''flB8KSjBaWi THB PHOTOGRAPH SHOWS HOW SPARSELY COVERED WITH TIMIJER THE CLAIMS ARE. THE PHO TOGRAPH WAS INTRODUCED IX EVIDENCE. For all of these things he could claim a fellow feeling with the most of the Jury men If he so desired. Mr. Heney said he had not accused Mr. Bennett of tampering with the witnesses, but be would not put It beyond Attorney Barnes to do such a thing. If the defense had put a man on the stand to prove Mr. Barnes character it might have been discovered what kind of a lawyer ho really was and what kind of a man the defendants had to help them In their case. Mr. Honey's Argument. The speaker contended that if the pres ence of the grand Jury at the third trial served as a club to force Maggie Glare and Ernest Starr to tell the truth, then it was a good thing. Mr. Bennett insulted the intelligence and the honesty of Ore gon manhood when he contended that a man from California could induce 2 Ore- ONE OF THE CLAIMS TAKEN OF THE DEFENDANTS gon men to do what injustice he asked of thom in order to bolstor up his personal ambition and make his reputation. "Bennett says I have indicted William son." said Mr. Heney.. "He Is again in sulting you. Is the District Attorney the whole thing? Can he come to 23 Oregon men and say to them, 'I am after big fish. I want to indict Representatives and Sen ators and to Intimidate witnesses so that I can convict the big fish'? Would you." he continued to the Jury, "assist me In such a plot to deprive the state of its public men or to coerce its citizens?" The reference made to the alleged con versation between J. S. Cooper and Dr. Gesner in the Imperial Hotel brought out a heated argument between Mr. Bennett and the speaker. Mr. Heney contended that the defendants had not placed Coop er upon the stand, though he was pres ent during the trial, because they were afraid to allow Heney to got at him on cross-examination. "Why didn't you put him on?" asked Mr. Bennett. "Because." thundered Mr. Honey, "I did not think Jim Cooper would toll the truth. Because I wanted you to put him on, that I could contradict him by four witnesses. Cooper knew that he had ad mitted the conversation to Burns when he thought he was talking over the 'phone to Wilson. Oh, that Is a bad business. It Is detective business, and should not be done. It Is bad business for the de fense. It prevents cases being won on perjured evidence It prevents Cooper from coming here with a story fitted to the cause of the defendants. If Jim Cooper was an honest man he could have been placed upon the stand, but they were afraid to submit him to cross-examination." In closing. Mr. Honey appealed to the Jury to convict the defondants If they thought they were guilty, but not other wise. He only wanted Justice. It wa3 not true, as had b?n argued, that a con viction would be a disgrace to the state, but it would on the other hand show the "world that thoro was no one In Oregon who by social or political Influence or public office could escape tho law which he had violated. Policemen Climb a Pole. Mary Bartano and William Walker, on complaint of Mrs. William Walker, were arrested last night on the roof of a building at 45 Front street by Sergeant Hogeboom and Patrolman Anderson. Walker and the woman wore hiding behind a chimney. They wore arrested on a charge of commit ting a misdemanor. Captain Schneider Appeals. Ed and A. R. Mendenhall. attorneys for Captain Herman Schneider, who was con victed of violating the prohibition law. khave appealed the case to tho Supreme Court, and yesterday filed a bill of excep tions la the State Circuit Court. Captain Schneider, since his conviction, has closed his place of business at Montavllla. Charged "With Iiarccny. August Mueller, charged with the lar cony of $S from J. F. Caldwell, of Ta coma, was arrested last night. The money is said to have been taken from Caldwoll while he was In an intoxicated condition. UP AT THE INSTIGATION ANGRY WOMEN WIELD AXES DEMOLISH BLIND PIG IN AN IDAHO TOWN. Poker-Players Run In Terror at the Invasion and the Havoc Is Complete. RUSSELL, Idaho, Sept. 27. (Special.) Enraged because boys were allowed to play poker In the place. Mrs. Sam Riggs and Mrs. Abe Hudson armed themselves with axes and demolished Sig Green's soft-drink emporium, generally re garded as a "blind pig." Though the women failed to find liquor, they broke up the poker game, and after smashing the doors and win dows followed the example of the Il lustrious Carrie Nation and hacked the counter and beat the slot machine to bits. When the women had finished their work the Interior .presented a scene that might follow the invasion by a bull of a china shop. The men occupants of the place fled while the" destruction proceeded. Green has since reopened tho place. With boards nailed over the shattered windows, the door propped up on crutches and with many other repairs, the place still shows signs of the wom en's work. 'REDS" DEFEAT "ST. 3f. O. A. Multnomah Team Outclasses the As sociation Players. The "Rods" basketball team of the Multnomah Amateur Athletic Club won the Lewis and Clark trophy and cham pionship last evening by defeating the crack Y. M. C. A. team by the decisive score of 25 to 10. Captain Barton and his Multnomah team outclassed the Association players in all departments, and easily maintained the lead. Rasch and Dent carried off the tossing honors, and these two players scored almost all the points registered by the clubmen. 'Rasch scored on almost all the foul throws accorded his elub. while Thornton for the Y. M. C. A. failed In 10 out of 11 trials In the first half, and on a half-dozen throws In the second half. The lineup: Multnomah. Position. Y. M. C. A. Rasch (14) F Thornton (3) Dent (T) F Stokes (1) A. A. Allen C Freeman (2) Barton (2) G Livingston (2) Flavel (2) G Schramm (2) The preliminary game between the M. A. A. C "Whites" and the Ladysmlth team, to decide the third place, was won by the former team In an exciting game, by the score of 17 to 15. The lineup: Whites. Position. Ladysmlth. Kerrigan F. O'Connor Bennett F. McMillan Reed C J. Adams Callahan G Eno Percy, Frohman G Hailstone BREAKS THE BANK AT ATLIN English Scholnr Will Now Try His Luck at Monte Carlo. SEATTLE, Wash., Sept. 27. (Special.) M. C. Cameron, the ex-member of the faculty at Cambridge University, Eng land, who evolved a "system" to break the bank at Monte Carlo, while prospect ing In the Atlln country, tested his com pilation of figures at Atlln and took the bank roll of $20CO. His first step was to buy a ticket for the outside, and he Is now In the States, with a fair stake to carry out his cherished project of bucking the wheel at Monte Carlo. The story of Cameron's fascination for roulette and the compilation of a set of statistics from the record of 50 years play at Monte Carlo was told in The Oregonlan several days ago. Cameron declared his passion for gambling cost him his place In England. He is a student of dead lan guages, but gaming holds him faster. John L. Dean, who has Just come out from Atlln, says he stood by Cameron at a gambling game In the mining town when he put his system to the first test. Dean says Cameron had $600 with him when he put his system to the first test. Luck began running against him, and ho dropped $500 before he began to win. He covered a series of numbers, and his win nings were gradual but consistent. When he left the table he had the entire bank roll of $2009. Dean claims to have seen Cameron In Seattle since he came out. Camron telling him he was on his way to Europe to test his system. KNIGHT ERRANT ON WAY UP Released From Quarantine on In structions From Washington. ASTORIA. Or.. Sept. 27. (Special.) Tho British steamship Knight Errant, which was hold In quarantine over night on account of having no consular -bill of health from Shlmonoscki. Japan, was re leased by Dr. Earle this morning under instructions from Washington and she cleared shortly afterwards for Portland. The steamer was not fined by the customs authorities for having no health bill, be cause, there Is no American Consular agent at Shlmonosekl. The Knight Er rant went from Yokohoma to Shlmono sekl to secure bunker coal under orders to proceed to Australia, but after reach ing the latter port, she received orders to come to the Columbia River. The differ ence between this .case and those of tho two steamships recently filed is that the Knight Errant came originally from an Oriental port, wher.o a clean bill of health could have been secured, while the others came, from Shanghai, which Is an infected port. The steamship was 22 days making the trip across the Pacific and Captain Kendall reports that two days before reaching the Columbia, be ran into a gale that almost equaled a typhoon In severity. Captain of Newport Protests. ASTORIA. Or.. Sept. 27. (Special.) A letter was received at the Custom-House this afternoon from Captain L. Snyder, of San Francisco, master of the steamer Newport, protesting against the .fine of JcOO recently Imposed on that vessel by Collector Robb. The fine was Imposed on September 10 and was because after the vessel had been examined by the Govern ment Inspectors at Portland and her hull found in a dangerous condition, the New port loaded shingles at this port, although tho Inspectors In granting her permission to proceed to San Francisco, nor home port, for repairs, had specified that she should carry no passengers or freight. The protest filed today will be forwarded to the -Department In Washington. It says: " "The facts are as follows: The certifi cate of Inspection of the steamer expired on September 3, 1905, while the steamer was away from her home port. The steamer, while at Portland. Or., was ex amined by the United States local In spectors of steam vessels for the district of Willamette, when It was found that tho steamer required repairs to the hulL The Inspectors granted a permit to pro ceed to San Francisco without passen gers or freight for the purpose Of making the said repairs. The voyage could not be made unless ballast was taken. on board to safely navigate the steamer to her destination, and, considering the condi tion of the vessel's hull. It was not deemed safe to carry rock for ballast, and. when the steamer reached Astoria, a quantity of shingles was taken on board at the expense of the steamer and brought to San Francisco without hire no charge being made for carrying the shingles be tween Astoria and San Francisco. The shingles were not shipped as freight and only a sufficient quantity for ballast was taken, the quantity did not half fill the freight capacity of the steamer, a large quantity, more than sufficient to fill the steamer, was left behind and I did not carry any passengers nor freight In com pliance with the permission granted by the local inspectors. If my action In taking shingles Instead of rock ballast was In violation of law, I respectfully state that It was not willful nor Inten tional and I ask that the penalty exacted by the Collector of Customs of Astoria be remitted." Life Raft Comes Ashore. VICTORIA. B. a. Sept. 27. Further particulars of the finding of a life raft, evidently from some vessel, on the Vancouver Island Coast near Car manah, are given In a letter from the Hghtkeeper at Carmanah Lighthouse. He says wjth the raft, which was small but well constructed and equipped with a triangle, which seemed to have been used a3 a sea anchor, he found a ship's water beaker full of water, a quantity of lumber, evidently washed from a lumber vessel, cans of salmon, empty cases, one marked "Chief Steward," and some empty rocket boxes. A whisky flask was washed ashore west of Carmanah with a card Inside bearing: the names of "E. M. Baker, Seattle, Wash., and a H. Chatfleld, Olympla, Wash." Reception Given to Senators. WALLA WALLA, Wash.. Sept. 27. (Special.) A reception was held In the rooms of the Walla Walla Club this evening- In honor of United States Sen ators Ankeny and Piles. A number of business men and prominent citizens from Walla Walla and several from Waltsburg- and Dayton were present. The day was spent by the Senators In calling on many of the business firms and establishments and in the afternoon they took a drive through the residence portion of the city. The Senators will leave the city tomorrow evening for Pasco on a continuation of their tour of the eastern part of the state. Arrests hy Fish Warden. ASTORIA. Or., Sept. 27. (Special.) Marcus Gilbcrtson and Alex Mesford were arrested this afternoon by Deputy Fteh Warden Webster, on bench warrants is sued from the Circuit Court charging them with operating fishtraps during the closed season. Gllbertson has a trap near Westport Island and Mesford has one In mldrlver opposite Brookfleld. The men were brought here this even ing and released on bonds to appear In the Circuit Court tomorrow morning. Welcomed Back to Vancouver. VANCOUVER. Wash.. Sept. 27. (Spe cial.) The reception held last night In honor of Rev. T. E. Elliot and Mrs. Eliot was well attended by members and friends of the church. The most Interesting num ber of the programme was an address given by Mayor E. G. Crawford, In which he spoke In behalf of the commercial In terests and citizens of Vancouver, and ex pressed a hearty welcome to Mr. Elliot on his return. Fleet Stormbound at Aberdeen. ABERDEEN. Wash., Sept. 27. (Spe cial.) On account of tho storm which has been raging here since Sunday ten vessels are at Westport, unable to get over the bar. Gust Elkum, mate of the schooner for est, was seriously Injured today by the slipping of a sling of lumber upon him. He suffers from a compound fracture of the leg and internal hemorrhages. Rain Saves the Town. REDDING. Cal., Sept. 27. There was a $30,000 fire today at Weavervllle, the coun ty seat of Trinity County. It started In the south end of .Chinatown, and a strong south wind carried the flames, licking up IS Chinese houses and six other buildings. The only thing that saved the entire town was a heavy rain, which began during the progress of the fire. Money In Floater's Pocket. NEW WESTMINSTER, B. C, Sept. 27. (Special.) The body of an unknown man was found in the Fraser River to day. His age was about 45', and he was well dressed, with $180 in his pocket. The linen was marked "P. M. I." He had Zlonlte papers from Seattle in his pocket. Lane Republicans to Meet. EUGENE. Or., Sept. 27. (Special.) A meeting of the 'delegates from Lane County to the last. Republican State Convention has been called for tomor row for the purpose of electing: a state committeeman to succeed Hon. L. T. Harris, resigned. CELESTIAL LOSES QUEUE In Hot Fight Police Catch Haw She, of San Francisco. Haw She, a Chinese woman, after a wild fight in a Chinese den at Pine street near Third, between Chinamen and Detectives Day and Vaughn, in which a stove was overturned, the lights put out and the door broken, was arrested on a charge of being a fugitive from justice. Haw She Is wanted in San Francisco on a charge of robbing: Lew Gew, a Chinese hair dresser at 417t! Dupont street, of $340. She made her escape from San Francis co in the night and headed for Port land. Her picture and a full description was sent to the Portland department by 'the San Frnncisco police, and Day and Vaughn succeeded in finding- the woman last night. Chinamen in the dis trict have succeeded in keeping- her under cover for several days. With a warrant in their possession Day and Vaughn entered the den last night and after the fight with tho Inmates of the house, during which one Celestial lost his queue, the woman traa taken. Her bond was fixed at $2500. The Chinese are now trying to raise the money to bail the woman out. FOOD FACTS What an 31. D. Learned. A prominent physician of Rome, Geor gia, went through a food experience which he makes public: "It was my own experience that first led me to advocate Grape-Nuts food, and I also know from having prescribed It to convalescents and other weak patients that the food Is a wonderful rebullder and restorer of nerve and brain tissue, as well as muscle. It Improves tho digestion, and sick patients always gain just as I did In strength and weight very rapidly. "I was In such a low state that I had to give up my work entirely and go to the mountains of this state, but two months there did not Improve me; In fact, I was not quite as well as when I left home. My food absolutely refused to sustain me and It became plain that I must change: then I began to use Grape-Nuts food, and In two weeks I could walk a mile with out the least fatigue, and in five weeks returned to my home and practice, taking up hard work again. Since that time I have felt an well and strong as I ever did in my life. "As a physician who seeks to help all sufferers, I consider It a duty to make these facts public" Name given by Postum Co., Battle Creek, Mich. Trial ten days on Grape-Nuts when the regular food does not seem to sustain the body will work miracles. "There's a reason." Look In each, package for the famous lit tle book, "The Road to WcllvUle." PIANOLA EXHIBIT HAS COMMENCED A Wonderfully Complete Expo sition That Marks an Epoch in Musical Life. A Most Comprehensive Display of tho Pianola and of the. Weber, StcckWhee lock and,Stuyvesant Pianola Pianos; of Orchestrelles and of Aeriolas, Which Make Musicians of Everybody. For Two Weeks at Eilers Piano House. A few jears ago an Instrument made Its appearance at Eilers Piano House which has done more toward the develop ment of musical taste, musical education and musical appreciation than has been accomplished by any other agency. It Is needless to say that this is the won derful Pianola, which, with Its several kindred Instruments of more recent -date, make possible the rendition of the choicest of music to any and every member of the household, the unskilled and untutored music lover being as much at home with the Pianola, a Pianola Piano, or an Or chestrelle, a3 the most accomplished musi cian. Nearly 1000 of these Instruments are now to be found In the homes of refinement, culture and wealth of the Pacific North west, all of them supplied by the house of Eilers. The Pianola Piano, aa its name indi cates, Is a combination of a piano and a Pianola In one complete, compact in strument. The Pianola Piano has been aptly styled "The First Complete Piano," for the reason that It is the first piano ever produced which can be played with artistic effect by everybody. Irrespective1 of any prevlous study or knowledge of music. In the light of this Twentieth Century cre ation, all previous pianos, requiring a long and tedious period of practice before their owners could make use of thenv seem Incomplete. A Few Prices Tn Stuyvesant Pianola-Pianos we offer this morning for the first time the choicest instruments in mahogany, oak and walnut cases, with metrostyle, at $500. on terms of $50 down and $12 a month. The Wheelock Metrostyle Pianola Pi anos .are also represented by one or more specimens of even,- catalogue style, In cluding the new French or dull-finished Circassian walnut case. Prices are $650 and $700. Terms, 5 down and $1S monthly. Columns of praise and commendation could be written about the beautiful Weber Metrostyle Pianola Piano, but suf fice it to say that the most painstaking, careful workmanship and the most cost ly and most desirable material Is lavished upon and embodied In the construction of these Webers. Prices. $900 for the. small style. $1000 for the largest so-called or chestral upright grand. Payments, $100 cash, and $25 monthly. Three advance styles of the Steck Pi anola Piano will also be shown. Price, JSO0 and $S50. Also several Aeolian Pi anola Pianos, including a duplicate of ono selected by Lieutenant Peery for the "Roosevelt" on its Polar expedition. The latter Is a six-octave Instrument, and costs $550 complete with metrostyle. The Metrostyle Pianola Tho Pianola Is a cabinet containing a: mechanism by means of which It Is pos sible for anyone to play upon the piano, whether or not he knows one note from, another. On the music roll used In playing tho Pianola are markings, Indicating whether the different passages of the music should be played loud or soft, or fast or slow, and also when the pedal should be used. The Metrostyle Is the name given to a device for Indicating the phrasing or the time for each individual note upon the music roll. In form the Metrostyle is a pointer, .at tached to the time (or Tempo) lever of the Pianola, with which the operator fol lows a red line which has been marked upon the roll by an authoritative pianist, a Hoffman, a Paderewski, and even -the great composers themselves. With these devices music of the highest order, expressive and acceptable to sever est critics, may be produced by the merest novice. Special attention has been paid la or ganizing the present World's Fair display to show Pianolas o latest pattern .in. all the different shadings of finishes, so thnt every style of piano, from the dark, old time ebony cases to the various shades of latter-day mahogany, walnut and fancy oaks, can be supplied to match. Pianolas with Metrostyle cost $250 or $SC0. Splendid library facilities, giving ac cess to all that Is best and desirable In music, are furnished our patrons at $20 per annum. The Orchestrelle There is. after all, no music comparable to" that of the modern orchestra. The Orchestrelle embodies in one instru ment, playable and controllable by one person, all the beauty and wonderful va riety of tone found heretofore only in tho complete orchestra. The repertoire of the Orchestrelle la practically a catalogue of the orchestral music of the world, and all this music may be played by the owner of an Or chestrelle. even though he be entirely lacking In musical education or knowledge. The music rolls for the Orchestrelle are marked similar to those for the Pianola so that the proper Interpretation may be Imparted to a composition. Interesting descriptions of these orchestral numbers are published and supplied to Orchestrello owners. During this exposition Orchestrelles will be shown from the simplest forms, cost ing $150. through a vast array of choice instruments in oak. mahogany and fancy walnut casings, at $300. $500, $$00, $750, $850, $1200. $1500 and up to $3500. The Pianola's Sister Another recent addition to the Pianola familv Is the sister of the Pianola, tho Aerlola. This little Instrument will bo found 'most desirable where considera tions of price must be taken Into account. No other piano-playing device, not mada by the Aeolian Company, is superior to the Aerlola, and It costs $1S3. $190 or $195, according to case, using regular Pianola rolls, with library privileges same as tho others. Do not fall to see this interesting ex hibit. Recitals of a more or less Im promptu and Informal oharacter will bo given dally at Eilers Piano House. - en trance 351 Washington street, "Portland'a quarter-block of fine pianos." where every musical want Is supplied. Eilers Piano House has other stores at Spokane. Seattle, Walla Walla. Wash.; Boise and Lewlston. Idaho: San Francisco, Stockton and Oakland, Cal.; Pendleton, The Dalles. Salem. Eugene, Grant's Pas3 and Astoria, Or. ATHLETES TO KEEP IN GOOD TRIM MUST LOOK WELL TO THE CONDITION OF THE SKIN. TO THIS END THE BATH IHOULD BE TAKEN WITH HAND SAPOLIO Jill Grmamrt mnd Drus&Ltt DAM I AN A Bill California Dimtim tlM.r. ; ,',, ative, inyigorator and nerrine. The mostwoaderfal achrodljiac and special tonic for the sexual organs of ! texes. Tho Mexican remedy for diseases of tie TddncTS and bladder. Sells on its own T1tr NAtoP.TJ. A T PS fr WT?TTrc 4 .. 323 Market St., San Francisco. Seed for -areolar. ror sale oy all druj-juts or liquor dealers. BITTERS Sis- S it a MsiaiiMMl remedy for Gonorrhosa, I Gleet, Spermatorrhea, Charge, or any InflaTRwuM i ctttaoiM. tlon of atuconc sear lmEHCHIeM.Q. kran. Xon-itizlag. e? seat la aia yra-ieer, br 2KM, yreeeM, M