THE MORNING OREGONIAN, "WEDNESDAY, MAY 23, 190G. ILK Of FRANCHISE Twenty Popular Candidates in The Oregonian's Yellowstone Contest Killed His Best Friend in a Drunken Brawl. Initiative One Hundred Pro poses Change. ' Cocoa beans grow in a OPENING SPEECHES MADE APPOINTS A COMMITTEE pods on the trunk a --m J 1 and limbs of a deli ( cate tropica! tree. Counsel for the Defense Admits the Shooting, but Claims That His Client 'as Irresponsible at the Time. I They contain six Purpose Is to Ask the Council to Amend Front-Street Ordinance, and If Refused to Invoke the Referendum. I times more foot! val-' ue than beef. We use the highest cost beans that are IS WRn HEN ON mint vr"r-w -": v " jy.ni x--t y nig- .y - 1 . Mmmm i mm y yy, 1 " pP:"'5 STUB JCRT. A. X. Cummlngs. Lafayette Caples. i J. T. Chinnock. G. W. Alln. Charles A. Bauer. William B. Cobb. T. W. ZfKler, B. W. Montross. M. Qulnn, S George H. Keene. W. S. Gilbert and G. Jiaker. The second day of the trial of Gusta Wlrtanen for the murdef of Matt Watllo concluded with the evidence of Martin Gruber, driver of the police patrol wagon, who. with Serjeant Jones, went to the scene of the murder at Seventeenth and Pettygrove streets- after the fact had been reported to police headquarters. He tnld of finding the body and tne arrest of Wlrtanen. and that those at the hotel had been drinking, and told of the shoof- ing. Sergeant Jones gave similar evi dence. Both of these witnesses on cross examination by Dan J. Malarkey, attor ney for the defense, admitted that Wlrta nen was tottering and appeared dazed and stupid, and Mr. Malarkey on this evidence thinks he scored a point. Dr. O. H. Wheeler, city physician, testified regarding the nature of the wound re ceived by the man who was shot, and Ieputy Coroner Finley told of the part the Coroner's office took In the case. This constitutes all the evidence so far . adduced. The morning was taken up with the opening speeches to the Jury by Dep uty District Attorney Adams and Mr. MalarVey. The Jury afterwards visited the scene, and court was reconvened at 3 o'clock. All "Here Drinking. The opening .address by Mr. Malarkey was a brilliant effort. He recounted the event9 of the fatal night, covering all of the details completely. Several men were drinking, and when they could stand no more fell down like soldiers, and were carried upstairs by their companions and put to bed. The party Included Matt Hautala, Blake, Ktgisarl, Johnson and Watllo and the defendant. Hautala and Johnson came in late, having probably been to the theater. Johnson soon after went to bed, followed by Blake. The oth ers sat up and drank 18 bottles of beer, end then went upstairs from the saloon, and Hautala called for brandy, and two bottles were brought. Hautala finally be came Incensed because Wlrtanen refused ti drink any more. a:id beat him in an unmerciful manner, threw him down stairs and followed him into the street and kicked him and beat his face Into a Jelly. Mrs. Wlrtanen awoke and came ' to the rescue of her husband, and Hau tala ran away, and has not been seen since, and the police have been unable lo ntrd him. Mr. Miilarkey then told how Wlrtanen went to a bureau drawer, and, securing a pistol, shot Watllo. who Vas his best friend, without knowing what he was doing. Tells of Good Character. Wlrtanen, counsel explained, bought the hotel last Fall, and the saloon was at tached to It. He had never been In the , saloon business before, never was ar rested, anil had always been a law-abiding citizen. Intelligent, and a good mu- . siclan. Mr. Adams, for the state, spoke of the ; affair as a little combat among drunken ' men. and said Wlrtanen was not Justified : :ii shooting or killing anybody, and should be convicted. The trial will be resumed today. MATERIAL AYITXESSES MISSING Trial of John Bishop on Larceny Charge Is Postponed. The disappearance of two material wlt ' nesses for the prosecution, Jacob Barde ; and M. Schmltzler. caused a continuance of the trial of John Bishop on a larceny charge yesterday morning In Circuit Jurftje Scars' court. Bishop Is accused of stealing 1500 pounds of wire valued at Si00, from where it had been paced near Oswego, belonging to the Portland Gen eral Kleetrlc Company. The wire has not been recovered. The jury was drawn and the trial was about to be proceeded with when Deputy District Attorney Haney discovered that these two witnesses were absent. The return of the Sheriff shows that they were both subpenaed May 14. Mr. Haney informed the court of his dllemna and '.said he could not proceed with the trial without them. He had supposed they were on hand, but had ascertained that they had gone to San Francisco. Judge Sears remarked: "If these witnesses were regularly subpenaed I will give them some . thing to talk about If they return to this county. They will then know they cannot disobey a summons of this court just because they think they can make money going away when their services are needed at the trial of this case." ' Aa there was nothing else to do the trial was continued until June 1. and the Jury was Instructed to report on that date. Barde and Schmltzler are dealers In junk. MIT TO COLLECT FOR PIAXO J. II. Brown, Defendant in Action to Obtain Selling Price. The suit of the Eilers Piano House against J. H. Brown to recover for a Weber piano was tried before Judge Cleland yesterday, and was taken under advisement. Mr. Brovpn came to Port land from China over a year ago, where he made a fortune. He purchased a mag nificent home at Mount Tabor, and bought the piano for JlOi'5. The contract was made out in his wife's name. The house Tas destroyed by fire, the piano In cluded.' Mr. Brown expects the firm to collect from his wife, and testified that he made her a present of the Instrument, which she was to pay for out of her al lowance of S75 a month. He once sold pianos, and admitted the one he pur chased was first class. The only contro versy is whether Mr. Brown or Mrs. Brown shall pay, and the piano house does not know If it can collect from Mrs. Brown, but thinks it can from Mr. Brown. Witnesses for the firm admitted that they were well aware Mrs. Brown was to receive the instrument, and made the contract In her name at her hus bands request, but It was the under standing that he would see that it was paid for, and stood responsible for the payment. Wife Dodges Divorce Summons. Margie Cone is dodging divorce proceed ings begun by her husband, A. B. Cone, ' f L Ethel Henderson. Santiam. tiladja Chamberlain, Fort land. Mary Westorf, Amity. Jeanette Manasse, Athena. '4 Viva M arren, Weston. Maxy ONLY nine days more, and the great est and most successful contest ever conducted by a Western newspaper will come to a glorious end. The several hundred candidates who are striving with every energy for victory, which means to them a trip to the wonderful Yellowstone Park and many other places of unusual interest, can hardly realize that the con test will soon be over. They are so ab sorbed In the pursuit of the precious votes that soliciting for subscriptions has be come second nature to them. Many of the young ladles who are shown are leaders in their respective districts. But It Is safe to say that not a single one xt them Is sure of election. The con test in all of the districts Is so closely fought, and there is so much shifting of the leaders, that It would be a physical impossibility to pick the winners with any reasonable degree of accuracy. Applies to AH Contestants. The statement that none of the candi dates whose pictures are shown are by In the State Circuit Court. They were married In Stockton, Cal., May 10, 1902. and Cone in his complaint alleges that his wife deserted him November 20. 1905, In San Francisco, and has followed the occupation of a vaudeville actress and box-rustler, contrary to his wishes. Sev eral days ago Mrs. Cone came to Port land,' and went tc her. sister's home at Alblna. Mr. Cone learned of her where abouts, and. accompanied by a Deputy Sheriff, started for the scene to serve the divorce papers. About the same time Mrs. Cone started to board an eastbound railroad train. The husband and Deputy Sheriff met her a short distance from the depot, but she proved too fast for them, and succeeded in catching the train, which was Just about to leave, before they could overtake her. Cone can obtain service by publication of summons. Jurors for Circuit Court; The following men- were selected yesterday to act as Jurors at the June term of the State Circuit Court: C. A. AgostiT Olaf Akeyson, George S. Allen, Robert Abrahamson, . L. W. Anderson. Krlc Anderson, John. Behr ens, F. M. Batchlor, J. H. Burgard, K. B. Beck, J. T. Barron, Oscar Bantx, Charles Blaxom. G. P. Becker, John Bingham. Sol Bluraauer. George Bam ford, Charles M. Bequette, Charles Bireher. A. W. Beldmgr. J. M. Church, W. B. Chilcote. William J. Cuddy. Jr., Wilbur Campbell. J. L. Cline, C. -V. Cooper, W.J. Corcoran, E. I Corner. Jacob Cooper. Vln Cook. H. A. Chap man, J. J. Cole. J. M. Cheever, Alfred H. Culpan. H. H. Crosln. William A. Cumming. Thomas F. Cuttle, J. W. Cook, Joseph Delaney. James T. Dowd, Daniel Drew, L. F. Danforth, W. F. Edwards. R. D. Fulton. Joseph Folken berg. William Goldman. Fred Howitt, George Hartness, Richard Heinbach. James Allard. Oscar Johnson, J. L. Kline. Mier Klapper. C-. C. Kachold. J. B. Kellogg. F. P. Keenan. M. A. Kaiser. J. R. Kaser, E. E. King, William Kln dorf. J. Kelb. Henry Kniso. J. iL m.y 'Zy ljy Anna Parks. Beule Hill. Medford.. Pearl I glow, 8outh Bend. Waab. Dora Moody. Molalla. Miss Callie Pomeroj, Rainier'. Y mmm& j fm:$ i McCormick, jLebanon. Mary Hand, no means certain of election applies to all of the several hundred contestants. Rarely, If ever, has there been another contest in which the candidates were so evenly matched. One day one girl will be in the lead of the candidates in her district, and the next day she may find herself near the bottom of the list. What Is true of one district is true of all. The great final rush is on, and will con tinue until the contest closes Friday, June J, at 9 o'clock at night. No votes will be received after that hour except those which are sent through the mall, and which were deposited in the postofflces not later than Friday night. But the candidates who are working so hard and nobly for victory may be as sured that if they are successful they will have the trip of their lives. The Oregonian proposes to make the trip as great a success as is the contest itself. It will do something that no other news paper in the United States has ever done; it will charter a whole special train, which will be occupied exclusively by The Oregonian party. No other newspaper in the country ever chartered a special train for the convenience of the successful can Leader, George W. Lange, George Leithoff, George P. Lenhardt. Axel Larsen, John Mock, John Prideaux,- L. E. Watts. Ben Witter, Henry Wolfe. James Wood, George Willis, Marcus Doremus. Boy Sues for Loss of Hand. Roscoe Magone, a hoy of 16 years, whose right hand was cut off by a ma chine (used for cutting wood Into shape for making baskets, yesterday filed suit against the Portland Manufacturing Com pany, by his guardian, H. S. Magone, for J10.000 damages. The plant of the com pany is located at St. Johns, and the accident occurred on February J3 last. The complaint recites that young Magone had been employed to perform simple tasks about the mill, and had no knowl edge of the machinery, and he was or dered by the superintendent of the fac tory to work at the machine. On account of his lack of experience, it Is alleged the boy put his band under the knives, and it was cut off at the wrist. Street Railway Sued for-Daniages. Elisabeth Gallagher, by her attorneys, Hosford & Brice, yesterday began suit in the State Circuit Cpurt against the Portland Railway Company for $10,000. She alleges that on March 7. while she was crossing Washington street at Its in tersection with Seventh street she was run down by a car and violently thrown to the ground, and her face and head were severely Injured, and her left shoul der and the muscles of her back wrenched, and she was permanently injured. It Is charged in the complaint that the car was. being run at the unlawful speed of JS miles an hour. Asks Damages From Car Line. Frederick Proebstel yesterday sued the Portland Railway Company In the State Circuit Court for $10,000 damages for per sonal injuries. On March , 1906. Proeb stel was walking along Pippin street. St. Johns, in front of the car. and he alleges that the car came behind him, running A Caldwell, Idaho. Bertha Williams, Burns. ' f Gertrude Randall, Cattle Mary Ewlnjp, Marshland. Portland. ST ' r- J LIS Miss Inga Aland. Tacoma. didates in similar contests. The contest in itself has established a precedent be cause of the . great and remarkable en thusiasm manifested and the tremen dously heavy voting, and another prece dent will be established by The Oregonian in the entertainment of the young ladies who win out in the contest. Will Spend Fourth Here. The contest manager plans to have all of the successful young ladies in Portland by July 4. After spending the Fourth in Portland and being allowed ample time to see all that there is to be seen In Portland and the immediate vicinity, the party will embark on "The Oreg'onian Spe cial,'' as it will be known. The party will leave Portland on "The Oregonian Special" over- the O. R. & N. and will return by the same route. As the name implies, "The Oregonian Special" will be a special train, which will be oc cupied exclusively by The Oregonian party. It will be one of the finest and most elegantly equipped trains ever in the West. It will consist of two Pullman pal ace cars, an observation car, diner, baggage-car and an engine. It will travel un der a schedule arranged for the conven- at a high rate of speed, and that no bell was rung or any signal given to warn him, and no effort made to stop the car. He was struck and knocked down and In jured about the head and body, and his right leg was crushed. Hosford & Brice appear, as the attorneys In the case. .Gives Beer to Children. Harold Hendee, a youth of 17, who gave beer to several children younger than himself, was sentenced to a year In the County Jail yesterday by Judge Frazer. and was paroled. Hendee was convicted a, week ago on a charge of contributing to the delinquency of minors. He is too old to be sent to the Reform School, and as the court did not want to lock him up in jail, he was given another chance during good behavior. Judge Fraxer lectured him on the error of his ways, and Harold promised to work and redeem himself. Begins a Divorce Action. Emma A. Sjostedt has filed a divorce suit in Columbia County against Andrew Sjostedt because of cruel treatment. The complaint was served in this city on the defendant yesterday by Deputy Sheriff Hollingsworth. The litigants were mar ried in 1899 and have four' children, aged 6 4 and years and 8 months respec tively. The mother says she Is willing to assume the burden of rearing the two younger children. Begins an Attachment Suit, The Oregon Pine Needle Company yes terday filed an attachment suit in the 8tate Circuit Court against the Hygienic Mattress Company to recover a balance due of $2530 on a bill for $5064 for pine needle fiber and pine needle oil sold. Accused of Stealing a Watch. District Attorney Manning yesterday filed an information in the State Cir cuit Court against Frank Dennison. charging him with larceny of a watch and $15 from George Edwards. , Madge Orrell, Fayette. Idaho. mmtik. ' Jiff'" '. ' fllk - I - 1 r V r '-I J- mlJ Kock. Uzzie Uodffe. Spokane. Mildred Looney, Jefferstin. tna Palmer, !ma, nacb. ience of the party. While en route the members of the party will eat their meals on the train, but at the various points of interest where they stop off at any length they will be entertained at the very best hotels. Leaders in Districts. Following are the leaders in the differ ent districts and their votes: District Candidate. Votes. 1 Miss Susie Smith 154,210 2 Miss Emma Love 74,279 3 Miss Elsie Rometsch 218.502 4 Miss Alice Taylor 165.399 6 Miss Emma Hackney 11.000 6 Miss Tilly Daveneau '. 68,972 7 Miss Helen Goodwin 25.169 8 Miss Gussie Bottemiller- 97,047 9 Miss Dot Berry 74,465 10 Miss Gertrude Rast 67,628 11 Miss Agnes Wilson 82.237 12 Miss Heppie. Baton 47,535 13 Miss Myrtle Workman 54227 14 Miss Laura Garrett 10ll379 15 Miss Alice Boone 4c'ci63 16 Miss Nola Coad 150.391 17 Miss Rena Rowland 33771 18 Miss Gertrude Randall 65561 19 Miss Delia Wood 24691 20 Miss Grace Black 10J81 111 Miss Grace Wilkinson 86955 22 Miss Mildred Looney 111647 23 Miss Marie Mlckel 10l619 24 Miss Mabel Locke 24!o24 f v ( T f . -: - j ' .t A mm For the Children To succeed these days you must have plenty of grit, courage, strength. How is it with the children? Are they thin, pale, delicate? Do not forget Ayer's Sarsaparilla. You know it makes the blood pure and rich, and builds up the general health. Sold for 60 years. We have no secrets We publish ' the formulas of all our medicines. Xsd by th J. C. Irn Also ICjtaufactorsra of AYER'S HAIR TIGOR For tb hair. ATER'8 PTLL8 For conitipatlei. AYER'S CHERRY FBCTORAL Foreoafbs. ATSR'S AGUE CUES For malaria ud(se. 2. At a special meeting of the Initiative One Hundred In the roms of the Board of Trade last night, called for the pur pose of considering the franchise per taining to Front street now pending before the Council, it was resolved that a committee of seven, including Presi dent McKenna. be appointed to go be fore the Council tonight and request the body to Insert the words "or any portion thereof In those sections of the franchises relating to the acqui sition of the roads by the City of Port land. The idea involved In the pro posed "amendment, as disclosed by the discussion relating thereto. Is to make It possible for the municipality to take over any portion of either of the two lines within the city limits it might desire to acquire In the future. President McKenna appointed M. G. Munly. Seneca. Smith, R. W. Montague, Rufus Mallory, P. L. Willis and Dr. Emmet Drake as such committee, and they were Instructed under the terms of the resolution to report back to the body at its next meeting. Opposes the Proposition. J. B. Laber. secretary of the Board of Trade, contended that any amend ment of the franqhises at the present time would nullify the entire proceed ings relating to the two measures, and necessitate going over the whole mat ter again. He thought such a step might have a tendency to discourage capital from Investing here, and sug gested that the officials of the two franchise-seelting railway corporations should first be consulted with a view of ascertaining their sentiments upon the subject. If they were willing to submit to the proposed chnages, he said, there would be no necessity cf going before the Council upon the er rand indicated by the contemplated resolution. His Ideas, however, did not seem to. meet with much approval. Those present at the meeting last night were Dr. Emmet Drake and O. W. Taylor, who officiated as chairman and secretary, respectively. President Francis I. McKenna, R. W. Montague, Rufus Mallory, P. L. Willis. M. G. Mun ly, George P. Lent, W. B. Chase, J. Frank Watson, Edward W. Newbegln, T. A. Ketehum, H. H. Emmons and J. A. Gibson. Most of the speakers were in favor of Invoking the initiative and refer endum in the event the Council de clined to amend the franchises in ac cordance with the suggestions set forth. What Councllmen Say. Members of the Council approached upon the subject yesterday stated that the various provisions of the two fran chises were considered in committee and before the main body for weeks before the measures were passed- to print, without any suggestions what ever from members of the Initiative One Hundred. To amend the franchises at this stage, they say, would involve entirely new proceedings and conse quent delays, without being productive of any compensating benefits to the Vnlted Railways Company, the Wil lamette Traction Company or the City of Portland, and they express them selves generally as being unwilling to take such steps. Several prominent Councllmen "yes terday scouted the idea that the fran chises could be defeated through pro cess of Invoking the Initiative and ref erendum, and hinted that the Initiative One Hundred would even' experience great difficulty in securing the re quired signatures of 15 per cent of the voting population to any such petition. The two franchises will come up be fore an adjourned meeting of the Coun cil tonight, and present indications are that both measures will be passed. BUY GOVERNMENT BUILDING Pence Company Secures Structure on Peninsula in Guild's Lake.' The Pence Company yesterday closed ne gotiations for the Government buildings upon the peninsula of the Lewis and Clark Exposition grounds. The price paid for the main Government building, with the fisheries and territorial annexes and the lifesavlng building, was $3000. The Gov ernment building alone cost about $150,000. There were two other bids for the build ings, each of which was lower than that of the Pence Company. The buildings could be torn down and removed only at considerable cost, so the Pence Company was in a better position to bid for them than any other concern, as Lafe Pence has arranged with the Amanda Reed estate, which owns the ground, to allow the Co.. Lowrtl, grown and there is nothing; in our cocoa but cocoa. That is why it is the most delicious of cocoas. THI WAITEB . LOWJET CO. buildings to rer-iain upon their present site. Mr. Pence will utilize the buildings in connection with the great industrial proj ect of the Portland Development Com pany, which has purchased nearly the en tire Exposition grounds and most of the buildings for the establishment of facto ries. Mr. Pence has not yet determined definitely what Industry will be located In the Government building, but with slight remodeling it will become an excellent factory building. Mr. Pence expects to fill in the peninsula with earth wa.hed from the hills back of Willamette Heights until it Is level with the floor of the Gov ernment building. For this service he will receive the use of the land for a term of years. Has a Narrow Escape. County Surveyor A. H. Richmond, who Is also chief engineer of the Portland Rail way Company, had a narrow escape from death yesterday afternoon on First street, while trying to board a Sellwood car. Be fore the car stopped a creamery wagon drove rapidly past, leaving very little space between the wagon and the car. Mr. Richmond escaped with a slight bruise, but R. G. Bonser, a deputy In Mr. Rich mond's ofnee, was thrown down and his shoulder was severely bruised and his thumb crushed. A transit, valued at $250, carried by Mr. Bonser, was broken. LOW EXCURSION BATES. Rare Chance to See the I'pper Colombia River by Way of the O. R. ft JJ. Until September 30. the O. R. & N. Co. announces the following very low return trip Sunday rates to Upper Columbia Riv er points, good on any train: Latourelle. $1.25: Bridal Veil, $1.25: Mult nomah Falls. $1.25: Bonneville. $1.25: Cas cade Locks. $1.25: Collins, $2; Hood River, $2: The Dalles. $3. Parties taking advantage of the new local train, leaving here at 8:15 A. M., will have six hours at Multnomah Falls, five hours at Bonneville, and four hours at Hood River and Mosler. Particulars by asalng C. W. 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