2
THE MORNING OREGONIAN, SATURDAY, JULY 7. 1906.
GUILTY OF GIVING
PUCKERS REBATES
Chicago & Alton and Two ex
Officials Convicted in United
States Court at Chicago.
FINE MAY BE VERY HEAVY
Refund to Schwarzchlld & Sulzber
ger Employes of Money Paid Out
for Transportation Declared
by Court No Offense.
CHICAGO, July 6. The Chicago &
Aiton Railroad and John N. Falthorn
and Fred A. Wann, formerly officials of
of the road, were today convicted In
the United States District Court of Illi
nois of illegally granting rebates to
the Schwarzchlld & Sulzberger Pack
ing Company. No sentence was imposed
today by Judge Landls, pending the
arguments for a new trial for the de
fendants, which will be heard tomor
row morning.
It was alleged by the Government
that officials of the railroad company
.had allowed the employes of the pack
ing company to travel free of expense,
by refunding to them all money ex
pended for transportation. It was de
clared by the court that this did not
comprise a rebate and he instructed
the Jury that a ,verdict of not guilty
should be returned as to two counts
of the indictment which charged the
giving of rebates in connection with
passenger transportation.
In the other eight counts of the in
dictment, on all of which the defend
ants were found guilty, two offenses
against the Elkins' law were alleged.
It was shown by the Government that
the railroad company had charged J4
per car for handling the products of
Schwarzchlld & Sulzberger at Kansas
City and had then paid the packing
company $1 on each.
The Government alleged and the
court held that the failure of the rail
road to publish in its tariff sheet the
fact that the SI was repaid made in
fact a secret rebate. It was alleged by
the attorneys for the defendants that
the refund of the 91 per car was free
because the packing company owned
the railroad track near Its plant and
compelled the railroad company to pay
that amount for trackage to haul the
cars nway.
Under the law the maximum sentence
of the court may be a fine of $120,000
for each of the three defendants. No
imprisonment provision appears in the
law. There are two specific allegations
of rebating alleged in the eight counts
of the Indictment upheld by the court
OPINION ON THE ELKINS LAW
New York Judge Sustains Pine, but
Decides Against Imprisonment.
NEW YORK, July 6. Judge Holt, in
the United States Circuit Court today.
handed down an opinion, the effect of
which Is to dismiss the indictments found
against Nathan Guilford, vice-president,
and C. F. S. Pomeroy, traffic manager
of the New York Central Railroad, and
C. G. Edgar and Edwin Earle, the latter
sugar merchants of Detroit, charging
them with conspiracy to violate the pro
Visions of the Elkins rebating act punish
able by Imprisonment. The court, how
over, holds that the indictments against
; the New York Central road, Guilford and
Pomeroy, found under the Elkins act, are
good, and sustains them so far as they
'are punishable by fine. In sustaining the
jdemurrer to the conspiracy Indictments
: and dismissing the demurrer to the other
'indictments, the court holds that Con
gress did not intend violations of the
i Elkins law to be punished by Imprison
ment. Judge Holl further holds that the
(amendment to the Elkins act providing
"a punishment by imprisonment was not
I retroactive, and therefore could not in
clude the men charged with conspiracy.
The American Sugar Refining Company,
jointly Indicted with the New York Cen
ftral. pleaded not guilty, but Interposed no
demurrer to the indictment preferring
evidently to stand trial under the Indict
ments as returned.
"The public." said United States Attor
ney Stlmson today, commenting on the
decision, "must not misunderstand Judge
Holt's decision. The Government charges
1 the defendants with twq distfnet crimes;
One for conspiring to commit an offence
ragalnst the Government and the second
for the actual commission of that offense.
Tho conspiracy Indictment was returned
under a Federal enactment entirely sepa
rate and distinct from the Elkins act.
"By this decision Judge Holt merely
holds thai Congress did not Intend a vio
lation of the Elkins act should be pun
. ished with Imprisonment, and throws out
that indictment. The Indictments re
turned under the Elkins act are sustained
in their entirety by Judge Holt, and we
shall proceed to try the accused forth
with or as soon as possible.
"Judge Holt's decision only affects the
form of punishment to be administered, if
the accused are found guilty."
Mayor Rose Pined for Contempt.
'iuPEKA, Kan.. July 6. The State Su
preme Court today handed down a de
rision holding Mayor Rose, of Kansas
City, Kan., in contempt for having as
sumed the office of Mayor after the court
had ousted him for the non-enforcement
of ue Prohibition law and the law
against gambling. In the order today.
Mayor Rose Is ordered to relinquish the
office and is fined $1000 tor contempt.
The court further orders. If Mayor Rose
fails to pay the fine within 20 days, he
shall be committed to Jail until such
time as it Is paid.
Mayor Rose's attorneys Immediately
filed a writ of error. If this is not grant
ed, the case will be appealed to the United
States 8upreme Court. After being ousted
last January. Rose was re-elected at a
special election.
Prevents Scalping of Tickets.
SALT LAKE CITY. July 6. In the
Federal Court here today Judge John A.
Marshall made permanent an Injunction
restraining 11 ticket brokers doing busi
ness In Salt Lake City and Ogden from
dealing In railroad tickets Issued by the
Rlo Grand Western Railroad and the
Southern Pacific Railroad Company. The
order of Judge Marshall Is sweeping in
character, and In effect prohibits the
scalping of, railroad tickets anywhere in
Utah. The decision was rendered after
a hearing extending over several days.
Judge John L Mullins, sitting in the Crim
inal Court, to oust District Attorney
Stidger and Sheriff Nisbe, they had de
rided to drop the matter. The court took
the request under advisement and prob
ably will announce its decision tomorrow.
Young Zelaya Jumps Bail.
WASHINGTON, July 6. When the case
of Alfonso Zelaya, son of the President of
Nicaragua, who was arrested on a war
rant charging petit larceny, was called
today, the collateral, amounting to $10,
which was put up to secure his release,
was forfeited, the accused not appearing.
PLAY IS NOT CRIMINAL
Want to Drop Investigation.
DENVER. July 6. Attorneys for the
League for Honest Elections today asked
leave to withdraw their petition in the
Criminal Court for a grand jury to inves
tigate alleged frauds In the vote on fran
chises at the city election. May 15. They
made a formal statement setting forth
their reasons, the purport of which was
that they wanted to have a jury drawn by
elisors and the investigation conducted
by special prosecutors, and that as the
Supremo Court had forbidden District
Decision of New York Court on "Sirs.
Warren's Profession."
NEW YORK. July 6. The production
of George Bernard Shaw's play, "Mrs.
Warren's Profession," in this city dur
ing the last theatrical season was not
a violation of the penal code, accord
ing to a decision nanded down by the
Justices of the Court of Special Ses
sions today. The decision was given
in the cases of Arnold Daly and Sam
uel Gumpertz, who" were arrested at
the time the piav was ordered discon
tinued by the Police Commissioner.
The two defendants are acquitted by
the decision announced today.
The court rules that there is nothing
In the words themselves, or in any par
ticular phrase or expression in the play,
which can be said to be indecent. The
decision goes on:
"While the court may hold decided opin
ion regarding the fitness of this play as a
stage production, when it comes to con
sider a question of criminality of the
acts of these defendants in publicly pro
ducing it, it must make application of
the principle of law laid down by the
Court of Appeals 1 as the test of crimi
nality. "Making such application In the case at
bar, it appears that instead of exciting
Impure Imagination in the mind of the
spectator, that which Is really excited is
disgust; that the unlovely, the repellant,
the disgusting In the play are merely ac
cessories to the main purpose of the dra
ma, which is an attack on certain social
conditions relating to the employment of
women, which the dramatist believes, as
do many others with him, should be reformed."
PERRY MITCHELL'S STORY
(Continued From Page 1.)
father was God and that she had no
father on earth.
"After a few months, though, she got
more sensible, and we thought she was
cured. We let her go back to Oregon af
ter Creffleld had been put in Jail. But as
son as he got out she got back Into his
power again. George was very angry that
we had let her come away from home,
and said he would never speak to either
father or me if CrefHeld succeeded in get
ting control of Esther."
Brother's Insanity Ruled Out.
Witness then testified that his brother
Fred had committed suicide in Portland
three years ago as the culmination of an
unfortunate love affair. This testimony.
Introduced for the purpose of showing the
family taint of insanity, was ruled out by
Judge Frater.
In conclusion Perry told of the day his
brother started out to kill Creffleld.
"It was in April last," he said, "and
George had just been released from the
Good Samaritan Hospital at Portland, af
ter getting over an attack of measles.
He was very weak, and had little money,
but said he was going to find Creffleld.
even If he bad to walk from place to
place in order to get him. He also told
me he had been talking with the spirits
and that God had commanded him to de
liver up the spirit of Creffleld."
On cross-examination Perry admitted
that he made no effort to talk his brother
out of the idea of killing the Holy Roller.
Mr. Berry, the principal witness of the
forenoon session, admitted having given
some heed to Creffleld' s teachings at one
time, at Corvallis.
Needed Money for Tabernacle.
"He told me," the witness testified,
"that he needed money to build a taber
nacle. He told me that I must sell all my
valuables, including my automobile, and
give the money to him. He said God had
told him I must do these things, and that
he had also been told by God to tell me
to quit work and devote myself to the
church. Tnen Creffleld and I had a fall
ing out, as I would not do the things he
said."
Berry, In conclusion, substantiated the
things that have been told by a doien wit
nesses regarding Creffleld's practices.
Louis Sandall. of Seattle, brother of Miss
Ollle Sandall. who followed Creffleld to
the beach, early this year, told of Cref
fleld's control over the girl. He also told
unprintable things of what he had learned
concerning Creffleld's Holy Roller orgies.
He saw Mitchell in Seattle the day before
the shooting, and Mitchell told him he had
been commanded by God to put Creffleld
off the earth.
Was as Crazy as a Loon.
"I could see at the time that Mitchell
was crazy as a loon," said Sandall. Sim
ilar testimony regarding Mitchell's mental
state was given by John Baldwin, box
maker and fellow-workman of Burgess
Starr at the Portland branch of the Stand
ard OH Company. Baldwin met Mitchell
In April through Starr. At the time Mitch
ell could talk of nothing but his Intention
to put an end to Creffleld, witness said.
Dr. F. W. Brooks, of Portland, testified
regarding Mitchell's good reputation. He
had known him for five years, and attend
ed him when he had the measles. At that
time he talked of messages from the spir
its directing him to kill Creffleld. Dr.
Brooks' testimony was corroborated by
Mrs. Harriet Hager, who nursed Mitchell
through his illness. Further corroborative
evidence In the same strain was presented
by Emery Harris, a former roommate of
the accused, and by Peter View, a Port
land mill owner and former employer of
Mitchell.
All Important Testimony In.
Considerable interest centers in the tes
timony to be presented tomorrow by Pros
ecuting Attorneys Manning and Bryson.
After that, however, there will probably
be a falling off In interest until the case
goes to the Jury, as the balance of the
testimony will be principally corroborative
and cumulative.
The defense hopes to conclude by the
middle or latter part of next week.
Patal Explosion at Saginaw.
SAGINAW, Mich., July 6. Three per
sons were killed and six injured, two of
them seriously, by the explosion of a
large gasoline tank at the Cosendtl Dye
Works here today. The dead: E. A. Fohl,
George Cosendal, George Slgelko.
Every window In the block was broken
by the explosion. The building was con
sumed by the flames which followed the
explosion. Ixss. $30,000.
Carl Cosendal died this afternoon at St.
Mary's Hospital, making the death list
four.
The "Different Store
Fifth, Sixth and Washington Streets
HOLDS'WORTMANfcKltlG U
Store OPENS at 8 A. M.
CLOSES at 6 P. M.
Store
TheSaturday Shopper9 s Handy Guide:
A Ready Reference of End-of- Week Needs of Vacationists and Stay-at-Homes
Women3 s Cool and Dainty Summer
Apparel at Underprices
Some at Less Than a FOURTH of Worth:
Months ago we planned these July sales and every
thing helped even the had weather that set the garment
makers wild because it hurt their business for the time. But
the makers never dreamed while they were planning these
garments how little they'd be sold for. Prices on these
Morning Kimonos
Summer Dresses and Beautiful
Shirtwaists
Don't Begin to Cover Cost of Making!
Women's Pretty White
Summer Dresses
Worth to $12.50 at
$2.98
These to close only a few and, need we say, "Better
come early for these"? In the offering are dainty shirt
waist styles and fancy effects. Suits prettily and tastefully
trimmed with insertions and laces. Regular length sleeves
that any woman with deft fingers, a pair of scissors, with
needle and thread, can quickly transform to modish elbow
length. A remarkable bargain offer values to $12.50, to
close $2.98
Handsome Jap Kimonos $3. 78 Instead of $5
Very dainty and charming these fetching, beautiful Oriental creations. Fashioned from
the picturesque imported Japanese silks in quaint designs typical of the denizens of
the "Flowery Kingdom." Trimmings of plain silks set off the patterened grounds.
Yokes are daintily shirred behind and before. The model is a 24-inch length. These
$5.00 beauties are today but $3.7S
Exquisite White
Shirtwaists
Going to the Shore, "Bundy's" or
"The Oaks"?
Take Along a Bathing
Bathing Suits, Caps and Shoes Headquarters
This store is ripe with suggestions of things for outings and vacation wear and use.
There are prices to help, too, in most cases specially Bathing Suits, Caps and Shoes.
There's no excuse for unbecomingness either. A section in the Underwear Shops, First
Floor, is devoted to and literally filled with inexpensive and very fetching garments
to wear when bathing. Hints of what's to pay. When you go "swimming" take along
a bathing suit of your own. No need to wear a hired fright when you may purchase
a neat-fitting suit for your own at trifling cost. As modest as you like, as expensive as
you wish they're equally tasteful and pretty, sure to give good service.
Women s black cotton Bathing Suits, V- A big line of women's black and navy blue
$1.79
Worth $2, $2.25, $2.50,
$2.75, for
One of the Store s Typical Waist
Sales on Today!
Come early there'll be a rush for these. The waists
are new, charming, chic, cool and deliciously inviting
in their snowy white beauty and "frostings" of
dainty lace. All the newest of the Summer's bright
est, smartest conceptions. Materials of sheer lawn,
models give choice of elbow and Tegular sleeve
lengths; ten separate and distinctly smart styles in
the choosing; trimmings of lace and pretty embroi
deries some in the allover effects; insertions in
cobwebby effects and dainty hemstitchings, some
have yokes of embroidery. Plaited and tucked
styles, beauties, all. The lowest priced in the lot is
all the $2.00 post; others are hitched at $2.25 and
$2.50, while many are in the $2.75 class. However,
today, they're alllike in the running, choice $1.79
shaped front, 3 rows white braid trim
ming, all sizes, at, suit $2.00
Women's dark blue S. S. mohair Bathing
Suits, sailor collar, 4 rows white braid
trimming, special $2.25
Women's black cotton Bathing Suits, trim
med with fancy braid and red duck sailor
collar, special $2.75
Women's navy blue mohair Bathing Suits,
round neck, V front, fancy white braid
trimmings; special $3.00
Women's black and navy blue mohair Bath
ing Suits, round sailor collar, six rows
white braid trimming, at $5.0O
Bathing Suits, fancy braid trimming,
sailor collar, square and round-cut neck,
V front; special at $3.50, $3.75 and
$4.00.
Women's fine mohair Bathing Suits in blue,
browu and black, beautifully trimmed
and made, sailor collars, round or square
neck, special at $6, $7.50 and $9
Women's extra fine Bathing Suits in blue
and black at $10, $12.50. $13.50
Bathing Shoes at, pair 25c to 65c
Bathing Caps at 15 to $1.25
A big assortment of Children's Bathing
Suits priced from 75 to $5.00
Special Sale of Men's Vacation Toggery:
Sixth-Street Annex First Floor.
We provide a seasonable group of special values for our men patrons today. Shop
here and save something to help defray other vacation and outing expenses.
IN THE "HABERDASHERIE" TODAY.
Men '8 50c Underwear 37y2c A line of Men's Summer-weight ribbed and flat Balbrig
gan Underwear in ecru and flesh color; regular value 50c, special, garment. . . .37V2
Men's $1.50 Golf Shirts 97c Men's New Golf Shirts in tan, plaids and blue and gray
figured effects; regular $1.50 value, special 97 i
Men's 35c Hosiery 19c A line of Men's Silk Lisle Hose in black, tan, blue, mode and
plaids; regular value 35c, special, pair 19
Men's 50c Silk Handkerchiefs 35c Men's Japanese Silk Handkerchiefs, with plain cen
ters and colored borders; also plain centers, colored borders and initials; regular
value 50c, special 35 c
Men's 50c Underwear 39c Men's fine combed blbriggan drop-stitch Underwear in
salmon color; regular value 50c, special, garment 39
Men's I2V2C Hosiery 7c Men's plain black and tan colored Hose; sold by other dealers
for I2V2C; our special price, pair 7
Men's $1.00 Golf Shirts 55c Men's Golf Shirts, white, with white silk figures; regular
value $1.00, special ....... 55
Men's 50c Neckwear 35c Windsor Ties, in a large variety of patterns; regular value
50c, special 35c
Closing Day of the Sale of the
Monster Hosiery Purchase!
Hundreds, aye, thousands, of eager, happy shop
pers thronged the Hosiery Shops yesterday and -vied
with each other for a share in the matchless values
distributed there First Floor.
AN IMMENSE LINE OF
Handsome Hosiery
A Wholesale Stock
of Samples Selling for a Song!
The song is pitched in five keys, or, to make it plainer, the lot is divided for con
venience in selling into five parts, priced as printed. See how low we've set the prices
"get the pitch." Not all could be put on sale yesterday. New values, equal to or
better than those of the first day, will be brought forward for Saturday shoppers. Read
a bit of detail:
The values are remarkable. Hosiery is all of finest quality, only standard makes
of leading mills renowned for quality of their product. Splendid wearing goods. All
wanted colorings, embracing tans, browns, champagnes, navys, French blues, pinks, car
dinal, resedas, emeralds, grays, blues, wines, mandarin and fancy combinations. Tex
tures give wide choice, running the gamut of lisle, gauze, cobweb and gossamer weaves,
lace effects, mercerized materials in daintily embroidered and plain' styles, and but,
come. Sfee the wonderful display. A gigantic gathering of the master-hosiery looms of
the world The monster lot is spread out
On Five Great Tables Running Through Center of Entire Ground
Floor of Main Building- -For Saturday Only
And for convenience to the throngs divided the entire immense lot into Five Lots.
EVERY LOT AN UNPRECEDENTED BARGAIN.
VALUES UP TO $1.25 A PAIR
Counter No. 1 Choice of any Hosiery on Counter No. 3 Choice of any Hosierv on
this counter, pair 19 this counter, pair 39C
Counter No. 2 Choice of any Hosiery on Counter No. 4 Choice of any Hosiery on
this counter, pair 29 this counter, pair 49
Counter No. 5 Choice of any Hosiery on this counter, pair 59
Housework Helps in Summer Homes
Saturday Specials to Interest Housewives
COTTAGE OR SEASIDE DINNER SETS These
Dishes are Colonial shape and have a pretty green deco
ration. Are specially adapted for use in the Summer
home 50-piece set, $7.20 value, special $5.76; 60-piece
set, $9.60 value, special $7.68; 100-pieee set, $14.40 value,
special $11.52 Third Floor.
Needfuls for the Summer Outing
Paper Plates, special at, the dozen 3
Wood Plates, special at, the dozen 6J
Tin Teaspoons, special at, the dozen 6c
Can Openers, good quality, special at, each 8
Tin Cups, special at, each 2 c
White Enameled Cups, special at, each 10
COFFEE POTS, KNTVES AND FORKS, FRYING
PANS, ETC All at Special Sale Prices.
GREYOLA CARPCIDE, for cleaning carpets, rugs, lace
curtains, clothing, silks and ribbons. Try a sample pack
ageit has no equal. Full directions on each package.
A trial will prove to you its merits.
1-povmd can, special at 20c
2V2-pound can, special at 40i
Seasonable goods shown in our big third-floor stores
Refrigerators, Ice Cream Freezers, Ice Picks, Chisels and
Shavers, Lemonade Straws Lawn Mowers, Garden Hose
and Sprinklers Gas and Oil Stoves all at Money
Saving Prices.
The Sale of Handbags Continues:
Leather Goods Aisle Annex, First Floor.
WOMEN'S $2.00 HANDBAGS $1.15.
A sale of handsome Handbags, made of best walrus-grain
leather, with best stitched leather handles, riveted
frames, thoroughly leather lined and fitted with coin
purse, in black or brown, gilt or gunmetal trimmings ;
regular $2.00 value, special $1.13
Hammocks Croquet Sets Pillows
The Prices Are Lower Than Usual Today:
Fourth F)f or.
Summer Games and Comforts for Warm Days Soft
and Downy Pillows for Tired Heads on Summer Nights.
$4.00 PILLOWS FOR $2.88.
All-feather-filled Pillows, size 20 by 28 inches; our $4.00
value, special sale price, the pair $2.88
$3.50 CROQUET SET FOR $2.15.
Professional Croquet Set, consisting of eight hardwood
balls and eight long hardwood mallets, wicket pins ; put
up in good box, complete; our $3.50 value, special sale
price, the set $2.15
$3.50 HAMMOCKS $2.35.
Heavy canvas-weave Hammocks, with pillow, concealed
spreader and long valance ; our $3.50 value, special sale
price, each $2.35
Embroideries Far Below Value
First Floor.
If you need embroideries for fine white lingerie blouses ;
if you need dainty patterns in exquisite blind work, eye
let work, fine veining and featherstitching that almost
persuade you it is handwork, for chemisettes, the coquet
tish half sleeves every other woman is wearing; if you
want beautiful flouneings, sheer and fine, for lovely Sum
mer gowns in short, if you have embroidery needs of
any kind, come today and supply them at less than you'll
pay elsewhere for inferior goods.
SPECIAL TODAY Thousands of yards of assorted Em
broideries, made with the best buttonhole edges, will
, wash nicely without fraying. In nainsook, Swiss and
cambric, assorted widths and insertions; worth from 35c
to 65c, special, yard 25
Of Interest to Dress Goods Buyers :
Colored Dress Goods Department Winding up the Sum
mer season. Goods must go; the new early Fall goods are
on the way. Neat checks, stripes and gray stuffs.
Regular $1.00 values, special at, yard 84d
Regular $1.25 values, special at, yard $1.04
Regular $1.50 values, special at, yard $1.24
Regular $1.75 values, special at, yard $1.47
Regular $2.00 values, special at, yard $1.68
Summer Silks at Lessened Price
White India Silks for the warm weather at special prices.
27 inches wide, regular $1.25 grade; special, yard $1.02
27 inches wide, regular $1.50 grade; special, yard $1.21
28-inch Silk and Wool Bengalines, Poplins and 19-inch
Green and Blue Check Louisines, all good colors to
choose from; regular 85c and $1.00 value only, yd 45c
Novelty Suit Silks A grand collection of down-to-date
new silks, all the new colors and weaves, divided in two
big lots on bargain tables in Silk Annex ; regular values
$1.00, $1.25 and $1.50, at; yard 77 and 81
"Penny Savers 1 First Floor
A little thing to get is often a big thing to want. Don't go
away without providing for all the "little needs." Here, to
day you may fill all the "wants" large or small, at little
prices that create big savings. Examples:
2Se box Bathasweet, special 17c
75c bottle Williams' Toilet Water, special 49C
White Waxed Paper, 24 sheets In roll, special 4c
5 double sheets Fly Paper, special IOC
25c package Allen's Footease, special 17o
15c box Lettuce Toilet Soap, special IOC
35c bottle Eclipse Almond Cream, special 20c
25c box fine fabric finish white Writing Paper, special .. 15c
25c fine fancy crepe paper Lunch Sets, special 15c
9c thin Foreign Mall Writing Tablet, special 5
15c Postcard writing Tablet, special 9c
5c cabinet box wire Hairpins special 3C
Pair 36c plain Shell Side Combs, special
Best English Needlebooks, special 15c
Card of 1 doxen white-headed Hatpins, special 5c