THE MORNING OREGONIAN, "WEDNESDAY, DECEMBER 5, 1906.
DAMAGES ASKED
FOR FALSE ARREST
Ernest Engel and Grant Test
; Allege That Captain Bruin
Made a Blunder.
PLAINTIFFS TELL STORY
Seized by Defendant on Charge of
Being Pickpockets, They Assert -They
Were Refused the
Rights of Prisoners.
Lark of proper discretion or precau
tion to fully determine the alleged guilt
of the defendants fo;-med the features
of tlie plaintiffs' line of testimony and
cross-examination in the action for
damages, brought by Ernest Engel and
Grant Test against Captain of De
tectives Patrick Bruin, which came up
for hearing in Judge Frazer's court
yesterday.
The action, consisting of two distinct
cases, brought by Engel and Test re
spectively, is 'based on the grounds of
fulse Imprisonment, an award of $2525
being asked as compensation for humil
iation and damage to reputation In
each case.
The complaints filed aver that the
plaintiffs were arrested and taken to
the police station on the night of May
r and held under a false charge .of
being pickpockets. It is asserted fur
ther that while In custody the plaintiffs
were mistreated and denied rights, such
us the uso of the telephone and release
on bail.
The cause of the plaintiffs was pre
sented to the jury yesterday by Attor
ney Henry E. McGinn, with the plain
tiffs Test and Engel, and F. L. Perkins,
a local newspaperman, as witnesses.
Municipal Judge George J. Cameron
was also called, but almost Immediate
ly withdrawn by Attorney McGinn, who
announced that the Judge's testimony
would be offered later with other wit
nesses who will be called in rebuttal.
Were Innocent Bystanders.
The evidence offered by the ntaintlffs
was to the effect that on the night of
May 5 they had met by appointment
ilown town, and after listening to a
street musician at the corner of Fourth
and Washington streets, had walked
north on Third street until, at a point
near Ankeny, they were apprehended
by Captain Bruin and taken to the
station. It was brought out that they
bad molested no one during the even
ing, that when arrested they were held
by Captain Bruin during the march up
Third street until the corner of Oak
street was reached, when he took his
hands off them, saying they could not
escape then because he could shoot
them if they did so.
According to their statements, i was
some time after they reached the sta
tion that the information was given
that the charge against the plaintiffs
was that of being pickpockets.
Test, who is an employe of the post
office, was allowed to use the telephone
to notify the postoffice that he could
not report for work that night, but the
plaintiffs declared that bail had not
been permitted, nor had the use of the
telephone been allowed to Engel so that
he might communicate with friends.
Perkins,' who acquired his knowledge
of the case while acting as police re
porter for a local newspaper, was used
by the plaintiffs' side to show that the
arrest had been made without a suffi
cient or warrantable justification.
Youth Raised Alarm.
The witness said that on the night of
May 5 a youth named Hanlan had en
tered the police station and told him of
two pickpockets whom he had seen
working in a crowd at Fourth and
Washington streets, and that the two
men were then going down Third
street. . Perkins immediately turned to
Captain Bruin, repeating the boy's in
formation, and the three started out
from the station. After reaching Third
Ftreet, Hanlan pointed out the two men,
Engel and Test, and they were followed
to Ankeny street. Perkins testified
that he suggested to Captain Bruin that
the latter should not arrest the men at
once, but should follow them In the
hopes of catching them in the act of
stealing. According to the witness,
however, Bruin was apparently afraid
to take the chance of the men escap
ing, and immediately placed them under
arrest.
The defense placed James Hanlan on
the stand. Hanlan, who is a pupil at the
High School, and who works during the
evenings at the public library, was the
youth who notified Perkins of the al
leged pickpockets.
Describes Ph-kpocket's Method.
I His attention was attracted to the
plaintiffs by their actions, and he saw
what lie thought was their attempt to
pick pockets in the crowd. He stated that
their method of working was that Engel
would stand behind Test and reach his
hands through between the arms and
body of the latter. In this way. accord
ing to the boy, Engel was shielded. Han
lan could not account, however, on cross
examination why he had seen this alleged
net performed eight times without giving
immediate warning to those whose pock
ets he saw being rifled. His only answer
was that he "didnt" have enough sense"
to do so.
Ben Beatty, his companion, and also a
pupil at the High School, testified along
similar lines, with the addition that he
had felt Engel trying to get Into his
pocket.
, Captain Bruin's direct testimony gave
Attorney McGinn an opportunity to de
velop the fact that the former had acted
hastily and without proper investigation.
Bruin admitted that he had made the ar
rest on the statement of Hanlan that he
had seen the men in the act, and justified
his lack of fuller investigation into the
facts by saying that it was a matter of
acting quickly or else the men might es
cape. He denied that the plaintiffs when
taken Into custody had been mistreated
or had been denied any rights.
The trial will be resumed today.
HUSBAND PROVES CRUELTY
Divorced From Wire Who Beat and
Abused Him.
Somewhat unusual proof of cruel and in
human treatment on the part of the wife
pave to Harry Ballinger yesterday a de
cree of divorce from Anna Ballinger
after a married- life beginning in Indiana
on December 29, 18S9.
The complaint, which was unanswered,
alleged that "the defendant has treated
the plaintiff in a cruel and Inhuman man
ner and heaped upon him gross indignities'
rendering his life burdensome."
Further allegations showed that not only
had Mrs. Ballinger called her husband
vile names, but in an ungovernable rage
bad wounded him by striking him in the J
Bide with a fork and later gashing his
head by hitting'him -with a toy wagon.
It was also alleged that the plaintiff had
been plunged in debt through the extrava
gance of the defendant.
CHIEF DINAN MAY LOSE JOB
Commissioners Ask City Attorney as
. to Power in Matter.
SAN FRANCISCO, Dec. 4. At a meet
ing of the Board of Police Commission
ers tonight, the case of Chief of Police
Dinan, recently indicted by the grand
jury on the charge of perjury, was con
sidered. The question of removing him
from office was discussed, and upon mo
tion of Commissioner Leahy, the matter
was referred to the City Attorney for an
official opinion concerning -the power of
the board to suspend or dismiss the chief.
Among the men under consideration, ac
cording to the Chronicle, are two Army
officers. General Woodruff and Colonel
Coolidge, both well-known residents of
this city for many years. Captain John
F. Seymour, now head of the detective
bureau of Wells, Fargo & Co. Express,
who was formerly captain of the detect
ives in the local police department, is also
mentioned. If the commissioners go out
side the department to find a successor
it is understood one of these three will
be chosen, provided the selection is not
prevented by any legal obstacle.
President of the Police Commission W.
H. Leahy yesterday morning announced
definitely that if the Board of Police Com
missioners could within its rights-remove
Chief of Police Dinan for the indictment
returned against him, he would vote for
removal. Leahy's announcement came
with the more significance because of
the fact that hehas dong been supposed
to be one of Dinan's chief supporters.
With Commissioners Crosswell and TJmb
sen frankly dissatisfied with the conduct
of the department under Dinan and open
ly after his scalp, the attitude of Leahy
seems to augur the chief s Immediate re
moval. Winegrowers Vote for Pure Wine.
NEW YORK, Dec. 4. The American
"Winegrowers' Association today elect
ed the following officers: President,
Edward R. Emerson, "Washington; first
vice-president, Percy T. Morgan, San
Francisco; treasurer, James Neel, Ur
bana, N. Y. ; secretary, Lee J. Vance,
New York.
A resolution was adopted indorsing
J. Sloat Fassett's pure wine bill, which
was introduced in the last session of
Congress. The executive committee
was authorized to employ counsel to
represent any of the members In their
campaign against Impure and spurious
wines and to co-operate with the state
and national authorities in the enforce
ment of the law.
Ida Hill. Minnie HilL
t
. 4 1 . .
FORMER PORTLAND ACTRESS DIES IN KANSAS CJTYv
MISS KTHELYN
Ethelyn Palmer, ingenue of the Baker company three years ago, and wife
of Carlyle Moore, who was stage manager of that organization, died at Kan
sas City on November 17 after an illness of several weeks. The cause ot her
death was heart disease. To a friend in Portland she wrote several weeks
ago that she had been compelled to give up her stage work on account of a
nervous breakdown, but her death was unexpected.
This will be painful intelligence to hundreds of Portland theatergoers
who were familiar with Miss Palmer's career here. She was a sweet,, worn-
anly girl, whose gentle nature made" her beloved by all with whom she came
in contact. Her marriage to Carlyle Moore during the Winter of 1904 was
the theatrical romance of that season.
HOPES ARE DASHED
Cold Water Thrown on Alaska
. j Steamship Plan.
ALL IS NOT HARMONY
Chamber of Commerce Trustees De
cline to Indorse Project Board
of Trade Will Continue Work
of - Soliciting Subscriptions.
Notwithstanding the cold water
thrown on the Alaska steamship pro
ject by the trustees of the Chamber
of Commerce yesterday, the Board of
Trade last ivight unqualifiedly indorsed
the action of its committees at work
on the enterprise. The committees
were directed to continue their work
and to complete their task if possible.
A meeting of the conference committee
will be called today.
Wallis Nash, president of the board,
gave a full, report of what had been
done to establish the Alaskan steam
ship project on a firm basis, speaking
for the conference committee. The
outcome of the movement is not yet
certain, but a setback was received
when the Chamber of Commerce went
on record against it yesterday.
After a discussion of the matter, the
trustees, in regular monthly session,
pased the following motion:
Moved and seconded that It is the senae
of the board ot trustees of the Portland
Chamber of Commerce present that while
they are unqualifiedly in favor of the es
tablishment of a line of steamships from
Portland to Alaska, after having listened to
the report of the committeemen present, the
board of trustees does not feel that the
proposition presented should have its In
dorsement and that the matter of the es
left in the hands pt the committee hereto
fore appointed. '
President Hoge made the following
statement regarding the vote to with-
PALMER.
' H -fat y
draw support from the steamship prop
osition: "The action of the trustees is based
solely on their objection to the propo
sition in the form preserved. Great
as our need is for an Alaska line of
steamers. It is felt we are not justi
fied in -departing from methods which
we apply in the conduct of our- private
business.
"In addition to the ships, ample
working capital Is needed: also ex
perienced steamship men, who should
be financially interested in the enter
prise, to conduct the business.
"Any project which shall embody
these and other necessary features,
which alone can make for success, will
receive the enthusiastic support of
the Chamber."
This Indicates that the- proposed pur
chase of modern steamships for service
between Portland and Alaskan ports will
fail. However, the. Board of Trade pro
posessto continue its canvass and put the
enterprise on Its financial .feet if pos
sible. If the present offer on available
steamships is withdrawn, the plan of
the Board is to continue with its sub
scription and secure other vessels if the
opportunity arises.
As a result of the action' of the Cham
ber of Commerce trustees yesterday, the
soliciting committees meeting to report
the day's collections was called off and it
Is not known how much money was
pledged.
Though without outside support, the
Board of Trade showed considerable en
thusiasm at Its meeting last night. J.
B. Lalber and T. N. Stoppenbach dis
tricted Fourth street yesterday and soli
cited subscriptions from business men.
Considerable encouragement was re
ceived. The plan is to continue the cam-
paign until the project either wins or
fails.
LURLINE INQUIRY IS ENDED
Inspectors Fix Blame, but Refuse to
t Make Findings Pnblic.
United States Inspectors Edwards and
Fuller have reached a decision regarding
the causes leading up to the collision be
tween the steamers Undine and Cascade,
which resulted in the sinking of the
former, but the text of their findings will
not be made public until a copy of it has
been placed in the hands of the officers
of the two steamers.
This, is in accordance with the rules
and regulations of the government inspec
tion service, and as the master of the
Cascade will not receive his copy until
this evening or tomorrow morning the
result of the inquiry will not be an
nounced until then.
Captain Edwards stated last evening
that he Would not announce the findings
until Thursday, although he admitted
that In case all the parties concerned
were served today, he would be at liberty
to publish the verdict tonight.
FIRED ON BY STRANGER
Axel Johnson, Woodmere Grocer,
Narrowly Escapes Assassination.
A deliberate attempt to murder Axel
Johnson, a grocery man at Woodmere, on
the O. W. P. electric line, was made last
evening by an unknown man, mounted on
a horse and dressed like a cowboy. At
Gray's Crossing he met Johnson. Closely
following him was a man in a buggy.
After Johnson passed the man on horse
back, the latter turned and fired point
blank at him.
Johnson whipped up his horse and drove
at top speed to Woodmere. On reaching
home, he and his friends searched the
wagonbed and found the bullet that was
fired at Johnson. It was imbedded in the
wood. It will be turned over to the
Sheriff's office today.
Johnson declares he has no Idea why
he should have been attacked by the
strange man, as no attempt was made to
hold him uo.
Another mysterious affair occurred early
in the evening when Mrs. F. H. Shoots,
wife of an Arleta expressman, went Into
the barn to feed a horse and two masked
men dashed out. They made no attempt
to molest her, but as they ran away jhe
heard them say: "If we don't get'fnem
this time, we will get them later."
The police were notified of both cases,
but as it is beyond their jurisdiction, no
action was taken.
LEAVE W0RLD TOGETHER
Continued From First Page.)
cated with over the telephone at his home.
Coroner Finley removed three rings from
the fingers of Ida Hill and one of these
bore the name "V. R. Shelland."
l know nothing whatever of the fam
ily," said Mr. Shelland, "but I do recall
that one evening about one month ago,
I met Ida Hill In the Turne Halle Cafe.
That was the only'time we ever met. She
removed the ring from my finger and
kept it; that is how she came to have it at
her death. I never went to her again to
get the ring, and I did not even know
that she had sisters."
The ages of the dead girls were given
as 19 and 20.' Hilda Hill Is 21. It was
claimed at the Linda Vista that there is
a fourth sister, but she could not be
found last night.
The young women had accepted invita
tions from two men to attend a the
ater last evening, but when the men ap
peared, they found both girls in a dying
condition. They hastened to police head
quarters to notify Captain Slover. Their
names were not secured, and they did not
WEARY OF DELAYS
East Side Residents Want
Street Work Hastened.
ENGINEER NEEDS HELP
Improvement Association Is Told
That Charter Should Be Amend
ed John F. Cordray Ex
plains Theater Plans.
It was the unanimous opinion of the
members of the East Side Improvement
Association, expressed at their meeting
last night, that something should be done
to expedite the work of improving streets,
by giving the City Engineer more office
help. W. L. Boise called attention to
the long delays in even getting streets
improved where there was no opposition
and everybody favored the improvement.
He cited Hawthorne avenue, for the pav
ing of which with hard surface a petition
went in months ago. Yet the plans for
the improvement have not been complet
ed for the reason that the City Engineer
has not been able to reach the work.
He has not had enough help and could
not incur more expense.
Ex-City Engineer W. B. Chase ex
plained that the City Engineer was tied
up by the charter, under which certain
forms ' must be complied with, or
any property owner can defeat the as
sessment to pay for the work. The char
ter, he said, did not have sufficient elas
ticity. It was aserted that the force in
the City Engineer's office should be dou
bled to meet the constantly growing de
mand for improved streets.
Mr. Chase, Dr. ' A. W. Moore and "W.
L. Boise were appointed by the associa
tion to investigate the matter.
Cordray Outlines Plans.
Encouraging reports were received from
the movement to erect a theater on Grand
avenue. John F. Cordray, the; theatrical
manager,, was present, and addressed
the association, remarking that the more
he had considered the proposition,- the
"better it looked" to him. He said he
had in mind plans for a first-class opera
house to seat 2200, in which he could
play the high-grade independent compa
nies, besides which he would have a
stock company and keep the theater open
every night In the week. When the
companies came from the eutside he
would send the stock company to Salem.
Mr. .Cordray Insisted that now was the
time to act. It would first be necessary
to have Grand avenue improved with
hard surface pavement and well-lighted.
It was decided to start the campaign of
agitation through all the push clubs,
beginning this evening at the meeting of
the East Side Business Men's Club meet-
ng, and following it up. at all the other
club meetings. All clubs will be asked
to appoint special committees to confer
with the central committee.
The object is to work up a sentiment
favorable to the theater all over the East
Side, and then in one day raise subscrip
tions to the stock between $50,000 and
$60,000. Shares of stock will be placed
at $10 each, and will bear 6 per cent
interest. It was agreed that members of
the special committees and others should
begin attending meetings of the push
clubs at once and keep the iron hot.
Consider Madison Bridge.
Steps were taken toward replacing -the
Madison bridge with a modern steel struc
ture. Mr. Chase said the Madison bridge
was being overloaded, and was not in
tended to carry the present traffic, al
though It was a good bridge. He judged
that it had about three more years of
life, but that the last year would be per
ilous. Considering the time it would re
quire for the preliminaries and then to
build the bridge, it would not be wise
or safe to delay action much longer.
It was a matter, Mr. Chase said, that
would have to be submitted to the votes
of the people next June. Then would
come the bond issue and getting the plans
accepted by the war department. Mr.
Chase said that the draw should at least
be 400 feet long. Thomas Hislop, W. B.
Chase and S. L. Brown were appointed to
attend to the preliminaries.
Announcement was made that the con
tractors on the Grand-avenue bridge over
Sullivan's Gulch would start work within
the next ten days.
Editor Asal's Position.
PORTLAND, Dec. 4. (To the Editor.)
The report in Monday morning's Oregonian,
column two, page 12, of an interview with
myself on the San Francisco school matter
is not quite correct. Under the heading,
"Ask for a Square Deal," I am represented
as not objecting to the exclusion of Japan
ese from public schools, provided foreign
born children of other races be likewise
excluded. This is far from what I stated,
"Two wrongs do not make one right." What
I said was to point out that foreign-born
children generally, without any provision in
any treaty with the government of their
respective native countries, are admitted to
the public schools; while at San Francisco
the Japanese are singled out among the
foreign born for exclusion, notwithstanding
the fact that a treaty does guarantee them
the right to attend all public schools, which
makes the wrong all the greater and more
offensive. K. ASAI,
Editor Oregon News.
Why don't you try Carter's Little Liver
Pills? They are a positive cure for sick
headache and all the ills produced by
disordered liver.
n
NO MEDICINE
But Change of Food Gave Final Relief.
Most diseases start in the alimentary
canal stomach and bowels.
A great deal of our stomach and bowel
troubles come from eating too much
starchy and greasy food.
The stomach does not digest any of the
starchy food we eat white bread, pastry,
potatoes, oats, etc. these- things are di
gested in the small intestines, and if we
eat too much, as most of us do, the or
gans that should digest this kind of food
are overcome by excess of work, so that
fermentation, indigestion, and a long
train of ills result.
Too much fat Is also hard to digest and
this is changed into acids, sour stomach,
belching gas, and a bloated, heavy feel
ing. . In these conditions a change from Indi
gestible foods- to Grape-Nuts will work
wonders in not only relieving the distress,
but in building up a strong digestion,
clear brain and steady nerves. A Wash
ington woman writes:
"About five years ago I suffered with
bad stomach dyspepsia, indigestion, -constipation
caused, I know now, from eat
ing starchy and greasy food.
"I doctored for two years without any
benefit. The doctor told me there was no
cure for me. I could not eat anything
without suffering severe pain in my back
and sides, and I became discouraged.
"A friend recommended Grape-Nuts, and
I began to use it. In less than two weeks
I began to feel better and inside of two
months I was a well woman and have
been ever since.
"I can eat anything I wish with pleas
ure. We eat Grape-Nuts and cream for
breakfast and are very fond of it." Name
given by Postum Co., Battle Creek,
Mich. Read the little book. "The Road
to Wellville," in pkgs. "There's a rea-
Apollinaris
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BUILDING FOR
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TTT The business of this Company is growing- rapid
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transaction is based upon the principle of building
for the future, for permanence rather than show.
We pay the maximum interest consistent with sound
banking on Savings Accounts and on time certifi
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subject to check, exchange sold available anywhere,
collections effected on all points, substantial issues
of bonds bought and sold, all manner of trusts cared
for, loans made on improved properties, etc.
Correspondence solicited.
Merchants Investment
and Trust Co.
247 Washington Street
Capital
.T. FRANK WATSON, Pres. R. I DURHAM. Vice-Pros.
W. H. PEAR, Sec'y. 6). C. CATCHING, Asst. Sec'y.
O. W. T. MUELLHAUPT, Cashier.
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