4
THE MORNING OREGONIAN, SATURDAY, APRIL 13, 1907.
JURY DISAGREES
ON THAW'S GUILT
rmtinued from First Page.)
ballot was taken and then the votes re
mained unchanged.
A third ballot was taken at 0:45 P. M. on
Wednesday, with still no change In the opin
ions of the Jurors. Thereafter there was
considerable discussion among; the men. but
most of the night hours were spent in sleep
and no ballot was taken until 4:30 o'clock
the following (Thursday) afternoon. This
was several hours after the Jury had ap
pealed to the court for a re-reading, of tha
testimony given by every eye witness of the
tragedy.
The fourth ballot marked one change in
the vote. Four of the Jurors 'still held ouv
for an acquittal, but of the rest Bernard
Gerstman. the twelfth Juror, changed his
vote from murder In the first degree to man
slaughter In the first degree.
About two hours later a fifth ballot was
taken and this showed a decided change on
the part of Jurors w'ho voted for conviction.
It also proved that the effort of the four
Jurors who voted for an acquittal had not
been altogether In vain, for they succeeded
in winning over to their side Dennee, who
up to that time had voted for conviction.
The rest of the Jurors, with the exception of
(leorge Pfaff. who had voted for murder in
the first degree, decided that Thaw was only
guilty of manslaughter in the first degree.
The sixth ballot was taken at 9:25 o'clock
Thursday night and remained unchanged.
Two Ballots Last Day.
After that there was no ballot until 12:10
o'clock this afternoon, when all of the Jurors
showed that they were of the same mind as
before, excepting Brearley. who in voting
for manslaughter In the first degree, added
that th defendant should be recommended
to the mercy of the court.
The eighth and last ballot was taken at
3:45 o'clock this afternoon and showed a
most remarkable change in the entire Jury.
The five men who had voted for an absolute
acquittal changed their ballots to a verdict
of not guilty on the ground of insanity, in
the hope of winning over their colleagues,
but the remainder of the Jury, all of whom,
with the exception of (Jeorge Pfaff, had
voted for a verdict of manslaughter, made
up. their minds that Thaw was guilty of
murder In the first degree and voted ac
cordingly. This practically ended the de
liberations of the Jury and the Jurors, ar
riving at the conclusion that they could
never agree, asked to be discharged.
Only One Did Xot Change.
It will be noticed that the only man who
voted consistently according to his first
opinion was George Pfaff. Juror No. 2. who
from the very first ballot adhered to his
belief that Harry Thaw was guilty of mur
der In the first degree. Equally consistent
in their belief to the contrary were rink.
Harnoy. Fraser and Steele, who from the
very outset decided that In their opinion
Thaw was not guilty. These four men. how
ever, slightly changed their belief on the
last ballot, when. In the hope of winning
over their companions, they conceded to ac
quit the defendant on the ground of in
sanity. The sessions of the Jury were not alto
gether pleasant and peaceful. There were
many arguments and at one time charges of
inconsistency and breaking faith with the
orders of the court were made, but at no
point of the deliberations did the foreman
lose control of the situation. He success
fully held the twelve men In check and was
the first to suggest, when it was evident
that there waa no possibility of a verdict
being reached, to report the matter to
Justice Fitzgerald and leave the further
disposition of the case to his judgment.
Insanity Was Main Question.
Wilbur F. Steele. Juror No. 0, said":
Thero waa plenty of disagreement be
tween tho opinions expressed by the Jurors.
We considered insanity in many phases, but
did not give the subject of wronged woman
hood any lenuthy debate, in fact scarcely
nny. it was touched upon and qulckiy
dropped. The question which was consid
ered at unusual length was whether Thaw
was Insane at the moment he shot and killed
Stanford White and whether at that mo
ment he waa responsible for his actions.
Joseph B. Bolton said:
There was no question of the unwritten
law or of dementia Americana In our de
liberations. We considered tho case from
a purely legal standpoint. We were not
swayed by emotion.
George H. Fecke said:
The Jury, when considering the cose, took
no stock in "brain storm." We did not pay
an undue amount of attention to the testi
mony of the alienists, either, it was after
Mr. Dennee had read some of Thaw's letters
that he decided there was a reasonable doubt
as to Thaw's sanity. Dennee then Joined
the four men who stood for acquittal on
the grounds of insanity.
Gleason Criticises Delnias.
Mr. O'Reilly, of Thaw's counsel, tonight
MM:
I confess that I am disappointed. I
really expected an acquittal. Perhaps now.
In view of the verdict, Mr. Delmas made a
mistake In using tho term "dementia Ameri
cana.'.' But he made an honest effort, and
it might have been a mistake of Judgment.
Mr. Gleason said:
The disagreement of the Jury' w'as dis
appointing, of course. It was unfortunate,
the introduction ot the "unwritten law"
characterized as "dementia Americana." It.
Instead of this, counsel had dwelt upon the
statutory innanlty of Thaw. wnicn was
plainly proven, Thaw might have been ac
quitted. Mrs. "William Thaw, mother of tho
prisoner, sent out the following mes
gage In response to requests for a
statement tonight:
"Mrs. Thaw has nothing to say. She
lias made no statement since she has
been In New York, neither will she
make any."
Kvelyn Tliaw Cnn't Believe It
Mrs. Evelyn Nesbit Thaw said:
"I can't understand it. I don't see
why they could not have come to some
kind of an agreement."
A reporter said to Mrs. Thaw: "The
jury stood seven to five for convic
tion." "I don't believe it." she cried em
phatically. "They ought to have ac
quitted him on the evidence."
When the disagreement of the jury
was announced in court, Thaw turned
even paler than he has been for the
past severul days and, when he was re
manded back to the city prison at the
suggestion of Mr. Jerome, he hung his
head. Up to the very last Thaw had
hoped the 12 men would finally agree
upon a verdict of not guilty.
Final Scene in Court.
It was 4:20 o'clock when Justice
Fitzgerald sent court messengers to
summon Mr. Jerome and counsel for
the defendant. Three minutes later 1
ordered the Jury to apepar before him
in the courtroom. The jury filed in at
4:25 P. M. There was some delay In
waiting for Mr. Jerome, who had left
the building.
Thaw was hrought before the Jury at
4:29 P. M. He entered smiling and con
fident as ever. Soon his wife appeared,
and, after smiling a greeting to him,
he was making her way to her accus
tomed place, when Thaw caught her
by the sieve and beckoned her Into the
unoccupied chair beside him. He put
his right arm around her waist.
As soon as Mr.' Jerome arrived. Justice
Fltsgerald took his place on the bench
and Clark Penny began to call the roll
of the Jury. When this was over, he
aid to Thaw:
"The defendant will rise."
Then for the first time those In the
courtroom knew that the eud. of the tSe
- iiib yai ax hnnft.
Mr. Penny next said: "The Jury will
rise." Then he went on:
"Defendant, look upon the jurors;
jurors, look upon the defendant. Gentle
men of the Jury, have you agreed upon a
verdict?"
"We have not," quickly responded the
foreman, Demlng B. Smith, In a voice
that was audible in every part of the
courtroom. Little Mrs. Thaw reached
up and grasped her husband's hand. Thaw
sat down limply beside her. She whis
pered comforting words in his ear and
told him she believed from what counsel
had said that there was a good chance
of his being liberated on ball.
Jury Discharged, Thaw to Jail.
Justice Fitzgerald, turning to the jurors,
said:
Gentlemen of the jury, I have deemed it
my duty to keep you here as long as there
was a possibility of your reaching a ver
dict. I have arrived at the conclusion that
it will be impossible for you to do so. I
have consulted with counsel for the de
fendant and the learned District Attorney
and I am going to discharge you from fur
ther consideration of the cose, the public
prosecutor and counsel for the defendant
consenting to such discharge.
Justice Fitzgerald called on Mr. Jerome
and Daniel O'Reilly and Clifford Hart
rfdge, of Thaw's counsel, to arise and
formally enter their consent. Then Mr.
Jeronfe spoke:
"I will ask," he said, "that the defend
ant be remanded in custody as before."
"The defendant will be, so remanded,"
ordered Judge Fitzgerald, and Thaw arose
and made his way out of the courtroom.
Mr. Jerome said there were reasons
which made It necessary that the January
term of the court, in which the trial of
Harry Thaw was begun, should not yet
be adjourned sine die. He asked that
such an adjournment should be taken aa
would comport with the convenience of
the court. Justice Fitzgerald then ordered
an adjournment at 4:34 P. M. until Mon
day, April 29. Mr. Jerome later said the
adjournment until April 29 had nothing
to do with the Thaw case.
Must Await His Turn.
The District Attorney also stated that
he considered it would be his duty to put
Thaw on trial again.
"There are 34 homicide cases in my of
fice," he said, "and 14 or 15 murderers in
the Tombs, and they must all have their
day In court. The Thaw case must take
its turn."
Asked tonight If Mr. Hartridge, Mr.
Gleason, Mr. Peabody and himself had
retired from the Thaw case, leaving
only Daniel O'Reilly as counsel, Mr.
Delmas said:
"As to that, I have not withdrawn
from tho case and have no reason to
believe that either Messrs. Hartridge,
Gleason or Peabody have."
As to the disagreement of the jury
he said:
"1 know no more about the disagree
ment of the jury than the general pub
lic knows, and it is too early to discuss
plans for the future."
Concerning Mr. Gleason's criticism of
his "Dementia Americana," remarks,
Mr. Delmas would say only:
"I have no wish to comment on these
remarks."
Mr. Jerome said today that the long
est period of confinement he had ever
known a Jury to endure in this Jurisdic
tion was 48 hours. The Court of Ap
peals approved the course of the court
In that Instance, because there was no
attempt to coerce the jury.
HISTORY OF THE THAW TRIAL
Chronological Record of Most Fa
mous Modern Murder Case.
April 5, 1906 Harry Kendall Thaw and
Fiorence Evelyn Nesbit married.
June 25; 1906 Thaw shoots and kills
Stanford White at Madison Square roof
garden.
June 2S--Thaw indicted for murder in
the first degree.
June 29 Thaw pleads not guilty.
July 14 Prisoner's mother. Mrs. William
Thaw, arrives from England and an
nounces she favors an Insanity plea.
August 3 Clifford W. Hartridge. en
gaged by Thaw as attorney, announces
that Mrs. William Thaw consents to a
plea for Justification for her son's defense,
reaching her decision after hearing Eve
lyn Thaw's story, and further that Evelyn
will take the stand and reveal a motive
for the shooting under the "unwritten
law."
August 22 Alienists report that Thaw
was insane when the shooting occurred,
but that he Is sane now.
January 23, 1907 Trial begins with ex
amination of talesmen.
January 25 Seven jurors chosen.
January 28 First panel exhausted and
new one of 100 talesmen summoned.
Eight Jurors selected.
January 29 Two Jurors dismissed and
two secured, leaving nine in the box. De
fense announces unwritten law will not
be part of plea.
January 30 Two more Jurors chosen,
leaving but one seat vacant. Thaw family
denies alleged dissension.
January 31 Two jurors dropped and two
chosen; 11 in box. Total number tales
men summoned for Jury.
February 1 Twelfth Juror secured.
February 2 Court not in session. Thaw
wants to take stand In his own defense.
Brother of Evelyn Thaw publicly de
nounces her.
February 3 Trial commences. Garvin
opens briefly for state and Gleason for
defense. Defense enters Insanity plea.
Gleason mismanages and Delmas takes
reins.
February 5 Jerome grills defense's in
sanity expert on stand and wins point for
state.
February 6 Delmas matched with Je
rome and outwits District Attorney. Wit
ness says White threatened to kill Thaw
in 1903.
February T Evelyn Thaw called to
stand and bares past life. Breaks down
on stand. Husband also in tears. Story
reveals how White lured Evelyn and
caused her downfall.
February 8 Evelyn again on stand and
Thaw's letters are read to prove his In
sanity caused by her refusal to marry
him and White's persecution of the girl.
Delmas gets best of Jerome In wordy
battle.
February 9 Much evidence presented
showing White lured and ruined many
innocent girls in Madison Square roof
tower. Jerome puts detectives at work
hunting down past of Evelyn.
February 31 Pittsburg banker testifies
to authenticity of Thaw's will. Evelyn
resumes testimony.
February 12 Dr. Evans, insanity expert,
testifies having visited Thaw eight times
In prison and says Thaw Is insane, bat
is now better mentally. Jerome and Del
mas again have several sharp tilts.
February 13 Sickness of wife of Juror
Bolton forces delay of trial until late in
afternoon, when Dr. Evans resumes
stand.
February 14 Wife of Juror Bolton dies
and court adjourns until Monday, letting
all Jurors go home. Rumored action may
result in mistrial.
February 15 Jerome issues official state
ment saying Thaw should be examined
by lunacy commission. Says Thaw should
be put In asylum.
February 16 Defense will fight step for
lunacy commission.
February 17 Thaw's lawyers have bit
ter clash and protest against Delmas"
leadership, but by Interference of prison
er's mother he remains in charge
February IS Trial resumed. Jerome per
mits Thaw's will as evidence after clash
with Delmas.
February 19 Evelyn, on stand, when
questioned by Delmas, says White begged
on kneea to prevent publication of orgies
held In his den. Testified Thaw offered
HOC. 000 for Evelyn's hand.
February 30 Jerome commences grilling
cross-examination of Evelyn, who proves
his match. Jerome delves into every se
cret of her past.
February 21 Jerome puts Evelyn
through terrible ordeal, forcing her to re
veal innermost secrets in ennnertinn witb.
White and Thaw. Cries when admitting
follies. Thaw in agony during testimony.
Delmas says Jerome planned to indict
Evelyn in tragedy.
February 23 Jerome still planning fight
to send Thaw to madhouse. Mrs. W. K.
Thaw denies promising Evelyn $30.000 for
baring past on stand. Evelyn in collapse.
February 25 Evelyn on stand all day.
Tells of trip with Thaw in Europe.
February 26 After quizzing Evelyn all
day, Jerome finishes cross-examination.
Delmas resumes redirect examination.
Jerome threatens to take will from evi
dence. February 27 Jerome cross-examines Dr.
Evans and trial simmers down to techni
cal terms on insanity.
February 28 Evans admits Thaw was in
sane night of shooting and avoids answer
ing Jerome on his present condition.
March 1 Evans, under Jerome's sharp
questioning, says Thaw is sane and in
sane by turns and may be insane now.
Hurts defense cause
March 2 No session of court today.
Howard Nesbit makes public statement
defending and lauding White.
March 3 Thaw family and counsel fear
Thaw will be sent to asylum and prepare
to fight to last ditch.
March 4 Wordy duel between Jerome
and Evans results in latter admitting
Thaw is now insane.
March 5 Wagner, defense alienist, on
stand. Jerome flayed for defying Judge
Fitzgerald. Delmas says Jerome's Insults
must stop. Most dramatic scene yet wit
nessed during trial
March 6 Mother of Thaw takes stand
and weeps when telling of son's past.
Jerome forces her to bare inmost family
secrets.
March 7 Defense rests case, confident of
acquittal. Makes mother love and her
sacrifice strongest plea. Disconcerts Jer
ome. March 9 Jerome lines up nine Insanity
experts against Thaw.
March 10 Grandmother and two
aunts of Evelyn repudiate and publicly
denounce Mrs. Holman.
March 11 Jerome on first day of
state's rebuttal hits wall because of
rules of evidence around Evelyn's
story told husband in Paris. Says
Thaw whipped Evelyn while abroad.
March 12 Brother-in-law of White
deals blow to defense, saying he heard
Thaw threaten to kill White just prior
to crime.
March 13 Jerome denounces Thaw
and wife, saying Thaw beat her while
stripped for refusing to sign papers in
criminating White.
March 14 Flint, state insanity ex
pert, declares Thaw sane and knew na
ture of act when he killed White.
Hummel says Evelyn's mirrored bed
room story entire fabrication. Delmas
seeks to exclude Hummel's testimony.
March 15 Hummel says Evelyn
swore to truth of affidavit that Thaw
beat her. Notorious lawyer dragged
through humiliating details of own
disgrace by defense.
March 18 Jerome closes state's case
with dramatic finish. Evelyn's affi
davit against Thaw given to the Jury
after Delmas withdraws objection.
March 19. Defense claims Evelyn's
name put to affidavit by forgery. Je
rome continues to examine Insanity ex
perts, Delmas preventing him from
closing case.
March 20 Jerome springs surprise
in impassioned speech by asking for
lunacy commission to examine Thaw,
saying everyone believed defendant in
sane. Judge Fitzgerald adjourns
court to consider evidence whether
trial should proceed or lunacy commis
sion be appointed.
March 21. Jerome presents eight af
fidavits showing Thaw insane. Neither
jury or Thaw present.
March 22 Defense files many affi
davits showing Thaw sane. Private
letters of Thaw's included In papers to
prove bis sanity.
March 23 Thaw's mother files affi
davit defending family's record a.d
declares Jerome's grounds for saying
son insane not well founded. Delmas
says prisoner's suggestions were valu
able in conduct of trial.
March 25 Open rupture threatened
In Thaw counsel because of Mrs. W.
Thaw's affidavit, made against Del
mas' order.
March 26 Fitzgerald orders commis
sion to decide Thaw's state of mind.
Decision announced privately In
judge's chambers. Commission consists
of Morgan J. O'Brien, Peter Olney and
Dr. Leopold Putzel.
March 27 Jury excused for time be
ing. Morgan J. O'Brien resigns from
commission. Fitzgerald appoints David
McCIure in his place. Thaw requests
private hearing, fearing public gaze.
March 2S Thaw under examination two
hours by lunacy commission, conducted
behind closed doors. Prisoner does not
flinch.
March 29 Liirraey commission decides to
hear Dr. Hamilton, alienist, testify.
March 30 Thaw under fire of question
ing by lunacy commission for three hours.
v nen cross-examined by Jerome, check
mates him. Thaw jubilant. Jerome pre
vents commission giving its decision by
petitioning court to be permitted to intro
duce testimony of experts.
April 2 Lunacy commission holds all
day session, at which battle' of alienists
is fought over again. Delmas on stand
says Thaw's suggestions aided him in
conduct of trial.
April 3 Lunacy commission finishes ex
amination of Thaw and congratulates him
on his successful stand.
April 4 Thaw declared sane by lunacy
commission in report to Judge Fitzgerald.
Jerome says he will appeal from decision
of Fitzgerald that trial continue imme
diately. Women relatives of Thaw near
hysterics when decision is announced.
April 5 Jerome, upon investigation, finds
it useless to appeal and decides to let
case continue without further delay.
April 6 Jerome says he has no more wit
nesses and trial enters upon Its twelfth
week.
April 7 Thaw passes quiet Sunday In
Tombs and declares freedom now only
few days off. Talks of plans of future
and contemplates trip to Europe.
April 8 Jerome objects In court to de
cision of Fitzgerald in continuing trial,
but is overruled. Jerome then rests case.
Defense shortly afterwards rests case.
Delmas commences his argument before
Jury during afternoon.
April 9 Delmas finishes argument for
defense.
April 10 Jerome makes closing argu
ment for prosecution. Judge instructs
Jury, which retires at 5:17 P. M.
April 11 Jury asks further Instructions
and has much evidence read again; re
tires at 3:29 P. M.
April 12 Jury reports disagreement at
4:25 P. M.. having been out 47 hours, 8
minutes. Stands seven for conviction of
murder in first degree, five for acquittal.
JOSEPH SMITH MEMORIAL
Plans for Monument in Honor of
Mormon Church Leader.
LAMONI, la., April 12. At the Lat
ter Day Saints' conference today a
committee, consisting of President Jo
seph Smith, Bishop E. L. Kelly, Pa
triarch A. H. Smith, missionary in
charge of the Nauvoo district, and
George P. Lambert, bishop for that
district, was appointed to carry out
the purposes for which the Joseph
Smith memorial fund was raised. The
bones of Joseph and Hiram Smith, who
were killed at Carthage, 111., in ISO,
lie side by side in a spot unkown ex
cept by a few persons. President Smith
said it would not be objectionable to
him or the family If the church cared
to erect a memorial, whether it be
over their resting-place or elsewhere.
KIM' I! FOB SCENIC PHOTOS.
Lobby Imperial Hotel.
Radway's Ready Relief Instantly relieves
colds, sore throat, bronchitis and all UUUua-
AMAPALA GIVES UP
Last Refuge of Bonilla Yields
to Nicaragua.
FLIES TO AMERICA'S ARMS
Defeated President of Honduras Is
Fugitive on Board Cruiser Chi
cago -American Commander
Arranges Town's Surrender.
MANAGUA, Nicaragua, April 12 (2 P.
M.) The Honduran forces, which have
been besieged In Amalpa by the Nica
raguans, capitulated unconditionally this
morning to the enemy. President Bonilla
has taken refuge on board the American
cruiser Chicago and he "will not be per
mitted to disembark on Central American
soil.
The capitulation was arranged by Com
mander Robert M. Doyle, Captain of the
Chicago.
The Salvadorlan forces which were at
Amalpa are returning to La Union.
Peace is now believed to be assured.
CONFER ON PKKMAXENT PEACE
Root and Creel Trying to Draw Cen
tral America Together.
WASHINGTON, April 12. That all of
the Central American republics are look
ing to the present state of warfare be
tween Nicaragua and Honduras to result
in an agreement for permanent peace in
Central America, was developed today by
a general discussion at the State De
partment. With that end in view the
negotiations looking to a cessation of
hostilities will not go so far as to taka
up the subject of permanent peace, but
will leave this broad question to a con
ference to be held in Washington or the
City of Mexico, and it Is expected all
of the countries immediately interested
may take part.
The United States and Mexico, accord
ing to the embryonic plans, will occupy
the important positions of umpires.
The conflict between two of the Central
American republics which is now drawing
to a close has made it apparent to all
that the present unsettled conditions
there are hampering the development o
the countries. The various republics not
Involved in the war kept free with the
greatest difficulty, and commercial af
fairs in all of them were affected. With
the United States and Mexico urging the
placing of the Republics on a firm basis
so that they might dwell amicably to
gether and enjoy an Interchange of busi
ness, there is every Indication that a
permanent agreement may be reached.
The plan has not gone far enough for
the suggestion of a date for such a con
ference, but it Is assumed that it will
not interfere with the conference at The
Hngne. although the two would not be
in conflict in any way. Ambassador Creel
is said to be father of the idea, but It
has the hearty approval of State Depart
ment officials.
In order that there might be a full
attendance of representative delegates
from all of the Central American re
publics, Mexico City, it Is believed here,
stands the better chance of securing
the conference. The keen interest taken
by the diplomatic representatives here of
all Central American republics, and the
dependence they place In Secretary of
State Root and the Mexican Ambassador
Is believed by officials here to insure
the success of such a gathering as that
proposed.
CONFIRMS FAMi OF AMAPALA
Dispatch From American Consul
Says Bonilla Has Surrendered.
WASHINGTON, April 12.--The end of
hostilities in Central America is recorded
In the following cablegram, received at
the State Department from American
Consul Ollvares, dated at Managua, the
Nicaraguan capital, today:
"Amapala has been surrendered by
Bonilla, and the war is ended."
NEW ORLEANS, April 12. According to
a cable message received by the officials
of the Freight Despatch Company here,
President Manuel Bonilla, of Honduras,
has surrendered to the Nicaraguan forces.
The message came from Managua. Nica
ragua, and was signed by President Jose
Zelayas. No details were given other
than that Bonilla surrendered yesterday.
Other advices received here yesterday,
however, were to the effect that Bonilla
had been "bottled up" in the Port of Ama
pala ever since he made his sensational
flight from Choleutca.
GAINS GROUND IN THE SOUTH
BonlUa's Army Again Advances and
Captures Several Towns.
SAN SALVADOR, Republic of Salvador,
April 12. The town of corqulri. Honduras,
was captured by President Bonilla's forces
yesterday. General Carcamo, command
ing the attacking force. Is advancing Into
the Interior of Honduras. Bonilla's
forces occupy many other towns in
Honduras.
The revolutionary forces of Honduras
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I GLUjBRY
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are disbanding. Many families have
reached this city fleeing from the out
rages of the Invading army.
WILL TEST 2-CENT RATE
Union Pacific to Be Prosecuted lor
Violation of New Law.
LINCOLN, Neb.. April 12. Attorney
General Thompson today recommended
to County Attorney Roach of North
Platte, Lincoln County, that he begin
prosecution of the Union Pacific Rail
road Company for violation of the
2-cent passenger fare law. County At
torney Roach complained to the Attorney-General
that the Union Pacific con
tinues to charge at the rate of 3 cents
per mile for tickets between North
Platte and Sydney, notwithstanding
both cities are in Nebraska. The Union
Pacific Justifies the 3-cent rate because
a faw miles of its line east of Sidney
goes outside of this state in Colorado,
making traffic interstate and therefore
beyond the control of state laws. The
suit may be made a test of the legality
of the new law.
TENNER ASKS FOR RECEIVER
Attacks Great Northern Deal Re
garding Ore Land.
ST. PAUL. April 12. A bill of com
plaint In which a receivership is asked
for the Great Northern Railway by C. H.
Venner was filed in the County Court
today. The complainant asks that the
agreements between the Great Northern
Railway and the Lake Superior Company,
Limited, and between the Lake Superior
Company and its trustees be annulled
and set aside; that all the property of
the Lake Superior Company be trans
ferred to the Great Northern Company or
its receiver; that the Lake Superior Com
pany make a full accounting to the Great
Northern; that the Great Northern re
ceive judgment for any balance that may
be due it as disclosed by the accounting;
that the Great Northern and the other
defendant be enjoined from making any
further purchases for the Lake Superior
Company; that the Great Northern Com
pany at once dispose of all the securi
ties and other properties now held by the
Lake Superior Company; that a receiver
be appointed for the Great Northern.
The burden of the complaint is that the
Great Northern, informing the Lake
Superior Company, attempts to evade the
purposes of Its charter by giving that
company control of securities and pro
perties owned by the Great Northern
which under the law It has no right to
own, particularly mining and timber
lands.
Argues for Railroads' Liability.
WASHINGTON, April 12. Attorney
General Bonaparte made an argument to
day before the Supreme Court In the Em
ployers' Liability cases, and his address
closed the hearing. The Attorney-General
made an appeal for a liberal construction
of the statute and declared that the rail
roads should not be permitted to be a law
unto themselves. He contended that the
United States Government has a right to
regulate the instrumentalities of com
merce under the general constitutional
power to regulate commerce itself, and he
argued that this power could properly be
so extended as to provide for the protec
tion of men employed on interstate rail
roads, notwithstanding their employment
should not take them outside of any given
state.
Trains Resume Regular Schedule.
SAN FRANCISCO. April 12. Th'e South
em Pacific announced today that, com'
menclng tomorrow, all Ogden route and
Shasta route trains will follow their nor
mal routes.
Rubber Companies Combine.
PROVIDENCE. R. I., Jan. 1A An
nouncement was made here today of the
merger of the United States Rubber Com
pany and the Rubber Goods Manufactur
ing Company. It is understood that the
stock of the Rubber Goods Manufacturing
Company will soon be liquidated anil pay
Saturday
On Sale from 5:30
65c
Regrular
Value
$1.25
8-quart Tea Kettle,
39c
Regular
Value
70c
6-q.uart Berlin Kettle,
Tetlep's
INDIA AND CEYLON
Has been established in permanent popularity by its quality. Advertis
ing may introduce, but it takes quality to establish. Tetley's Tea has
the quality.
WADHAMS & CO. Distributing Agents Portland, Oregon
ment of dividends on the common stock
discontinued.
The United States Rubber Company and
the Rubber Goods Manufacturing Com
pany have not been competitors in the
trade.
CASHIER WAS SHORT $6000
Montana Banker Arrested In Seattle
as a Common Laborer.
SEATTLE, April 13. Elijah Smith,
defaulting cashier of the Bank of
Malta, of Helena, Mont., was arrested
here tonight by Pinkerton detectives.
Smith is charged with being short
$6000 in his accounts, and is held as
a fugitive from Justice. He disap
peared from Helena last September,
and since then has been shadowed by
detectives. He came directly to Seat
tle, and worked here as a laborer.
Smith is 30 years old and unmarried.
Jump From Burning Building.
CLEVELAND, April 12. Men. women
and children jumped from third-story win
dows to escape death in a Are in a tene
ment building In Columbus Road early to
day. Nine families were asleep upon the three
floors of the building when the flames
broke out. Finding escape cut off through
the lower halls, a panic among the occu
pants of the upper floors followed, and
many leaped from the windows. Several
received injuries more or less serious.
RELIABLE
CONSULTATION AND
EXAMINATION FREE
OUR FEE IN MOST CASES
licensed to Prac
tice Medicine In
Oregon.
OUR FEE NEED NOT BE PAID UNLESS CURED
Nervous diseases and nervous prostration made a Hpectalty.
We cure with the same success all Chronic Disease of Men, nuch aa
Kidney and Bladder Trouble. Rupture, Ulcers and Skin DUeaaes, Ec
Kcma. Rheumatism, Locomotor Ataxia and all .nou, and Chronic
Diseases.
VARICOSE AND KNOTTED VEINS
Under our treatment this insidious disease rapidly disappears. Pain
ceases almost instantly. The Pools of stagnant blood are driven from
the dilated veins, and all soreness and swelling quickly subsides. Every
Indication vanishes, and In its stead comes the pride, the power and the
pleasures of perfect health and restored manhood.
BLOOD POISON
Our special form of treatment for Blood Poison is practically the re
sult of a life work, and 13 Indorsed by the best physicians of this and
foreign countries. It contains no dangerous drugs or Injurious medi
cines of any kind. It goes to the very bottom of the disease and forces
out every particle of impurity. Soon every sign and symptom disap
pears completely and forever. The blood, the tissue, the flesh, the
bones and the whole system are cleansed, purified and restored to per
fect health, and the patient prepares anew for the duties of life.
Some physician, try to imitate our method, of advertising; and treat
ment, but In the pa.t we have proven the fact to our patron, that our
treatment I. .uperlor in every way to our Imitator.. OL'R treatment
.tands on lis own merit., and oar .ucoe. and reputation have bera built
upon thl. foundation. Furthermore, we wl.h to tate THAT WE AC
CEPT OSLT SICH CASES AS ARE CURABLE,
Write if you cannot call.
HOURS: 8 to 5, 7 to 8:30 dally; Sundays, 9 to 12.
ST. LOUIS
MEDICAL AND
SURGICAL
CORNER SECOND AND YAMHILL
Specials
P. M. to 9 P. M.
65c
Regular
Value
$1.25
Royal Enamelware.
39c
Regular
Value
70c
Royal Enamelware.
Firemen succeeded In rescuing a number
of tenants with ladders. So far as known
no fatalities resulted. The property loss
Is small.
Canned Salmon Cause of Death.
DENVER. April 12. John A. Kebler,
general manager of the coal operating de
partment of the Colorado Fuel & Iron
Company, died suddenly this morning at
3:30 o'clock, at Trinidad, of ptomaine pois
oning. While visiting the company's mines at
Autraro, a week ago, Mr. Kebler was
taken violently sick from eating canned
salmon. He rallied, however. Mr. Kebler
was about 45 years of age and was ap
pointed a year ago.
Mr. Keblcr's death makes the sixth that
has occurred in the last two weeks among
tho Colorado Fuel & Iron Company offi-
Strlkers Quiet in Paris.
PARIS, April 12. There is not much
change in the strike situation. Troopa
still occupy the Town Hall, and there
are cavalry patrols in the vicinity of
the Labor Exchange, but the strikers
are quiet.
Official statistics show that 680 bak
ers ceased work, but that their places
were taken by men out of work.
Ten newspapermen were assaulted
and ejected from meetings of strikers
today.
Itching, irritable, chafing, chapped kln
healed healthy by satin SKin in-i".
SPECIALISTS
$10
We are specialists for men and men only, true
specialists. We do not treat all diseases, nor do
we treat both sexes, but we do cure all curable
diseases of men. We have devoted the best years
of our lives to this purpose and have accumulated
expert knowledge and skill in the diagnosis and
cure of men's diseases, that can only be obtained
through constant study, hospital training and
years of experience.
DISPENSARY
STREETS, PORTLAND, OREGON.