TTTE MORNING OREGOXIAy. THURSDAY, JANUARY 30. 1908. ROAD LOSES SUIT MWPORTUND Attempt of Mt. Hood Line to Condemn Land on Bull Run Pipe Line Fails. OPINION BY JUDGE M'BRIDE Court Ptolns Company Did Not Proceed Regularly, Failing to Seek Right - of - Way Prom Con mill Before Suing. OREGON CITY, Or.. Jan. 29. (Special.) The- Mount Hood Railway & Power Company lost this afternoon in its suit against the City of Portland to condemn a. right of way in the territory in which is located the Bull Run pipe line. Judge McRride granted a motion of the defendant for a non-suit on the ground that the Mount Hood Railway & Power Company had made no attempt to obtain he right of way from the Mty Council before bringing the suit for condemnation. This was the only contention, as the at torneys agreed to the value of the land Involved and on nearly everything else. The land covered by the proposed right of way is valued at only J6, but U is nec essary for the company to have a 100-foot atrip on account of the mountainous coun try which theiroad will traverse. Piatt & Piatt appeared for the company, and the City of Portland was represented by 'City Attorney Kavanaugh and J. J. Fitz gerald. 'Mayor Lane and Richard Mon tague were also present at the hearing and the former gave testimony. MOTIOX BASED ON ONE POINT Company Expected Now to Proceed Before Council In Regular Way. City Attorney Kavanaugh said last right that his motion for non-suit was made on the one point referred to in the foregoing, and that 'while other points may eventually come up in the courts, they were not Involved in, the present cause at law. He also said he presumed the railroad people would now come be fore the City Council and proceed in a more regular manner In seeking a right of way through city property, and accord ing to representations made by the com pany the granting of the right of way would not interfere with the city's water supply. One of the reasons the company is said to have for wanting the strip asked for Is to prevent any' other company oc cupying the lands in question. TESTIFIES IN OWN BEHALF (Continued from Flmt Page.) some complaints had been made against his company for maintaining unlawful fenaes. Steiwcr represented, said the witnesc, that these complaints were the result of spitework on the part of set tlers who had some grievance against the officers of the company. Hall tes tified that he called Stelwer's atten tion to the fact that the company had not the right to maintain fences even on Its own land, if the fences so con structed inclosed Government land. Ftelwer, continued the witness, ex pressed some doubt of this contention, find was shown a decision of the Vnlted States Supreme Court to that effect. Hall averred that at the time he told Steiwer that the company would he required to remove Its fences or at least to make such openings in the fences that would afford a free passageway to the Government lands within the enclosure. The efforts of Hall to get a special agent to go to Wheeler County were then detailed and the letter of the Dis trict Attorney, dated March SO. 1903. and addressed to the Attorney-General of the United States, was discussed. In this letter Hall had asked the Attorney-General to request the Interior department to assign to him a special agent for the specific purpose of in vestigating a number of alleged un lawful fences In Crook, Grant, Klamath, Lake and Malheur Counties, omitting all mention of Wheeler, in which the Butte Creek Company was operating. In your letter to the Attorney-Gen Knsiorn Oregon counties, omitting Wheeler?" asked Judge Webster. Why He Omitted" Wheeler. "In the Fall of 1902." responded Hall 'A. R. Greene, special inspector under the Secretary of the Interior, came into my office and reported that he had recently traveled from Burns to Prinevllle and had received informa tion that one W: W. Brown had a large amount of Government land fenced up In the vicinity of Wagon Tire Moun tain. I referred the matter to Greene, who turned the assignment over to a ubstltute, Kdward Deady, who caused the Brown fence? to be removed. This naturally made Broun angry, and he retaliated by making complaints against various other settlers. I served notice at once on the settlers reported by Brown, and some of them removed their fences while others did not. It whs for the purpose of getting a spe cial agent who should be under my direction exclusively to determtne Just who had not complied with my orders that they might be prosecuted, that I applied to the Attorney-General. "My idea In mentioning only the coun ties of Crook. Grant. Klamath. Lake and Malheur, was because those 'counties represented a district remote from dis triets where special agents were located, and 1 wanted a special man to make the investigations in those counties. I also wanted the fence matter generally inves tigated without regard to any prescribed locality. The Government had always licen lenient with settlers for Improperly encloHing public land; it seemed to bo the policy of the Government not to harass such settlers unless complaint ' filed against them or unless by the construction of the fences other settlers were prevented from reaching the Gov ernment land inclosed. ' Mr. Honey Interrupts. Whom do you mean by the Govern ment?" Interrupted Heney. "I mean both the Department of Jus tice and the Department of the Interior,-' replied Hall. Well, whom do you refer to in the Interior Department?" Ringer Hermann was Commissioner then." . "Was not Hitchcock Hermann's su . perior?" "Yes. he was over Hermann." "Well, do you mean to tell me that it was Httchcoek's policy to be lenient to wards ? Oh. I guess I am getting a little ahead of my course," concluded Jieney. and the further questioning of the witness hy the Government's prose cutor was abandoned. Hall testified further that when Special Ascnt Dixon reported to him in June, 1903. Hall first suggested that Dixon go to Crook County, and when that official demurred and said he did not have time to make the trip to the interior of the state. Hall asserted that he told Dixon, of the Butte Creek Company, and re marked, that this investigation could probably be made betore it would be necessary for Dixon to return to Seattle. Hard to Get Special Agents. Hall explained at considerable length his correspondence with tho complaining settlers of Wheeler County, his prelimi nary examination yesterday being con fined entirely to an interpretation of those letters as he understood them. He told a connected story detailing the work of the District Attorney's office, and in sisted that his relations with the au thors of the different complaints were only those of a diligent prosecutor. He maintained that the delay in the prosecu tion of the alleged offenders was the re sult of his Inability to get special agents to visit Wheeler County and make a re port on "the conditions, which was essen tial before he could file either a civil or a criminal prosecution. Before court ad journed for the day. Judge Webster an nounced that he would this morning take up another line of investigation. Just what that would be, counsel declined to intimate, but it may be a refutation of the alleged political dealings of Hall and the charge that he failed to prose cute partisan friends and . associates, which has been outlined in the case pre sented by the Government. W., C. Bristol Testifies. The first witness for the defense yes terday morning was United States At torney W. C. Bristol, who contradicted a part of the Government's testimony which represented that Hendricks in 1S0S had appealed to Bristol, to whom he made overtures in the interest of a light sen tence. Testimony for the Government was to the effect that after Hendricks was convicted of subornation of perjury in August. 1906. he called on Bristol, and complained of his conviction and asked for some recommendation for leniency and that Bristol had informed him that he would have to see Heney. Bristol asserted that he had never had any con versation with Hendricks subsequent to Hendricks" conviction. On cross-examination, Heney sought to refresh the memory of Bristol by show ing him a telegram that was sent to Heney from Portland on August 10. bear ing the signature of Bristol. The tele gram represented that Hendricks was de sirous of becoming a witness for the Government and testifying against Hal! and Williamson, and had asked that his sentence be postponed for a week until he could have, a talk with Heney. Bristol denied v that he had ever sent such a message to Heney and charged that the dispatch had been forwarded by Irvin Rittenhouse, private secretary to Heney, and that he. Bristol, knew nothing of it until told by Rittenhouse afterwards. S. B. Huston testified that in a conver sation with Brownell at Oregon City, Just prior to the general election in June, 1908. when Brownell was a candidate to succeed himself as State Senator, Brown ell told him that Heney had promised to dismiss the indictment against him. The witness, however, testified that Brownel! did not say that the promise of dis missal of the indictment had been made in consideration of anything from the Government, although Brownell had ex plained that he had turned' over to the Government his "political scrapbook" and his private letter files. On cross-examination Huston admitted that Brownell had not admitted to him that he had the promise ' from Heney directly that the indictment would be dismissed. May Charge Heney With Delay. Captain J. A. Sladen, clerk of the Fed eral Court, was called and gave the dates and the number of land-fraud indict ments that were returned. The record was also introduced showing that Heney was appointed Special Denutv . District Attorney December 19. 1904. The obvious purpose of presenting these facts was to show that Heney had been slow in pro secuting the different cases. Considerable documentary evidence was also offered during the morning session by the defense. The indictment of Feb ruary 8. 1905. charging Brownell with subornation of perjury, was offered to show that Brownell had been Indicted for suborning others to commit perjury and not for certifying to bogus applica tions for surveys, of which Greene pro- lessea to nave evidence against Brownell and which constituted the grounds for Han s alleged intimidation of Brownell The indictments against George Soren son, another of the Government's wit nesses, were offered to show that while he had been convicted of one charge and the Jury had disagreed in another, that tour, other Indictments were oendinc against him. uAID T LOSE ON EITHER VERDICT Mrs. Baumgartner Need Not Pay Even if Suit Goes Against Her. UNFIT 'PLACE FOR HUMANS Douglas County Grand Jury Criti cizes Jail Six Indictments. enil requesting the services of a spe- I ROSEBURG, Or., Jan. 29. (Special ) c-lal agent, how did It happen that you fThe grand Jury finished its labors to imnlloned specifically only those five I j.. - , j - , umt-uoj Dcaoiuii, iciuramg six indictments, two for selling liquor without licensee, three for robbery and one for burglary. The Yellow Creek tragedy . two months since. In which Hiram Snook and Manse Kincaid lost their lives "at the hands, of Louis and King Carlisle, was Investigated, 38 witnesses being examined. Nothing was found disagree ing witn me former verdict of the court, which Justified the killing. in Its report, the Jury condemned the condition of the County Jail ae not a fit place in which to confine a human being. This is particularly interesting in view of the fact that George Put man, editor of the Medford Tribune, was confined in this Jail and after ward, in his own and Portland papers, scathingly denounced his treatment at the hands of Douglas County officials HUSBAND IS NOT LIABLE Complaint Docs Not Establish Wom an Is His Agent To Collect Dam- ' ages Suit Must Be Brought , in an Oregon Court. SEATTLE, Wash., Jan.' 89. (Special.) Gentle but reckless woman' may seat herself at the helm of an automobile and send the car on a juggernaut course with dire results to pedestrians and others, and her husband is not liable for dam ages as the result of & civil action on the part of the Injured. At least euch Is the decision of Su perior Judge Gilliam in the Superior Court1 today during the trial of a case brought to recover J1S.600 damages from Mr. and Mrs. Fred P. Baumgartner, of Portland. . . In September last Mrs. Baumgartner, who was visiting her mother in this city, struck and knocked across the street El H. Evans, an employe of the Western Union Telegraph Company. She was ar rested and later discharged under J15.000 bail. Later the criminal case was dropped but Evans brought suit for damages. In court this morning John Francis Dore, attorney, moved to dismiss the ao tion so far as thei husband is concerned, and, after considerable argument. Judge Gilliam granted the motion, holding that there is nothing in the complaint to es tablish the fact that the woman was in any way the agent of her husband, as he was In Portland at the time of the acci dent. The fact that the woman owned the machine, according to the judge, did not matter, as, he held, she might have hired the machine. A motion to have the case against the woman dismissed met with failure, and the case went to the jury this evening. A sealed verdict will be returned tomorrow morning. According to the interpretation of the law in this state, the Judgment will not hold against the community, property of the couple, and unless the woman has property of her own the judgment will be worthless. At any rate, in case of a judgment for the plaintiff, action to collect will have to be brought in the Oregon courts, and, all told, a very pretty legal question is involved. There was much contradictory evidence as to the speed of the machine when the accident occurred. Councilman Crichton testified that the machine was traveling at least 15 miles an hour and that it was wobbling. Other evidence was to 'the ef fect that the plaintiff was much at fault. STEAM BURSTS FROM ROADBED Laborers Are Frightened by Vapors From Hot Springs. NORTH YAKIMA. Wash., Jan. 29. (Special.) Professor B. L. Ainsley, who has Just visited the district traversed by the Chicago, Milwaukee & St. Paul Rail road construction work on both sides of the Columbia, reports that a number of foreign laborers abandoned their work because of volumes of steam pouring from crevices In the rocks of the road bed where heavy blasting had been done. They feared a volcanic eruption -at any moment. Professor Ainsley accounts for the clouds of steam by the presence of a series of hot springs. The odor of the steam is similar to that of hot springs in various places throughout the. North west. A majority of the foreigners who quit their jobs have gone from that vicinity. TRIES TO ESCAPE FROM JAIL Swede Hobo Makes Break but Wind Soon Gives Out. ALBANY. Or.. Jan. 29. (Special.) Gus Johnson, the Swede hobo, confined in the city Jail awaiting trial on a burglary charge, made an unsuccessful break for liberty this morning, and ran almost four blocks before Sheriff Smith captured him. He had lain all night in the corridor wait ing for the chance. Johnson is the man who held up Will iam Follis in the latter's home near King ston Christmas eve and later terrorized that -part of the county by his peculiar actions. Since being placed in the county jail here he has caused the officers con siderable trouble and was detected last week, trying to make a key. from the handle of a spoon. SCHOOLEY WILL FORGERY Big Crawford Estate Goes to Widow and Son. SCRAXTON. Pa.. Jan. 29. The Jury in the Schooley-Crawford will contest today declared the paper presented by George B. Schooley as the la.st will of James L. Crawford, the millionaire coal operator, to he a forgery in their opinion. They found in favor of Mrs. Crawford, the widow, and her son. to whom the property was left by Mr. Crawford. More than Jl.noo.OOO was involved in the contest. Coming Back to Pay. 8POKANE. Jan. 29. C. C. May. for merly president of the Big Bend Na tional Bank of Davenport. Wash., who was reported to have absconded, writes from Boston. Mass.. under date of January 21. and declares he is com ing home in r few davs. "I am no quitter." declares May. "and will con tinue until every depositor is paid everv cent due him." Cashier Found Not Guilty. ROSKBURG. Or.. Jan. 2t.(Special.) Harry M. Pratt, charged with embezzle ment from the Glendale State Bank while cashier of that institution, was found not guilty today in the Circuit Court, the Jury being out but eight minutes and casting but one ballott. Do It now. Attend J.osentnal s great nouse-cleaning sale. Hides Poison In Her Hair. NORTH YAKIMA. Wash., Jan. 29. (Special.) Mrs. J. W. Burnett was ar rested last night,- at the request of her children, charged with attempting to kill herself, but was released after a bottle of poison hidden in her hair had been taken from her. She took poison recent ly, but her children applied antidotes and saved her life. Despondency over hard work and domestic trouble appears to be the explanation of her effort to end her life. Her husband recently served four months in Jail here. , . Leaves for Better Salary. ABERDEEN. Wash.. Jan' 29.(SpeeIal.) City Engineer H. W. Troutman. whose resignation was presented to the Council two weeks ago, was accepted tonight. Mr. Troutman has accepted an offer of J2O00 a year from the city of Belling-ham. He received J1800 a year here. Portland Man Weds Hoquiam Girl. HOQUIAM. Wash., Jan. 29. (Special.) William Harold Staiger. of Portland, was If'liJ ir it s uality You Want, Columbia Tailoring Fills the And fills it well and economy is also a big factor in the Columbia proposition. Take ad vantage of our Special Mid-Season Free Trous ers Offer with still an other added inducement in extra value $25 to $28 Suitings, in cluding the extra free trousers, for a very lim ited time longer, - $22.50 It 's decidedly w o rt h getting in on. C 'OOIM CD,U09 GRANT PHBGI.EY, Manager. ELKS' BUILDING Seventh and Stark wedded here tonight to Miss Florence Blagen, daughter of N. J. Blagen, head of the Grays Harbor Lumber Company. The wedding was an elaborate affair. Clifford Warren, of Portland, was best man. The groom's parents and others from Portland were present. They will bo at home at Alexandra Court after February 6. EUGENE GETS DISTRICT FAIR Making Plans to Have Annnal County Fair Investigating Sites. EUGENE, Or., Jan. 29. (Special.) It has been definitely decided to hold the second Southern Oregon district fair in Eugene this Fall and the Lane County directors, consisting of H. F. Hollen beck, J. M. Williams and F. M. Wilkins will go to Roseburg Monday to complete arrangements with the other representa tives of the district. Eugene will e en titled to the district fair once every three years, hut arrangements are now being made by which an annual county fair will be held anyway. A committee from the Commercial Club in co-operation with the district directors has been at work during the past few days investigating proposed sites for the new fair grounds. In the past fairs have been held in Merriau's Park, a little too far from the city, and the committee has found two desirable locations, the Hud delston tract in West Eugene and a part of the Blair tract in Northwest Eugene. Definite decision has not been made, however. NORTHWEST BREVITIES. Halsey. Or. An officer from Chemawa came here to identify, two Indian boys, who had run away-- from' the Chemawa Indian School. The officer said there were several others who had. run away. Prinevllle. Or. About loo users of the west half of the Blue Mountain forest re serve are in session to allot the ranve for this year. The department Is represented by Leon K. Knett, of Washington, r. o. Colfax. Wash. Colfax Chapter. No. 8. Royal Arch Masons, recently conferred the degree upon a chvss of three candidates whose combined weight was 840 pounds. These were Sheriff RatUff, 370 pounds; Dr. A. E. Stuhl, 250 poundB. and Frank Baker, 220 pounds. North Yakima, Wash Superior Judge Preble has denied the motion for a new trial in the case of Charles Churchill, con victed of murder in the second degree on the charge of killing David Ray Zelgler in November. The motion for hi release on a $5000 bond pending an appeal will be de termined in a day or so. Churchill's fam ily is in quarantine with the smallpox. Loss in Indianapolis $1,000,000. INDIANAPOLIS, Jan. 29. Fire in the warehouse of Henry Coburn & Co. early today caused a loss of $1,000,000, with in surance of $575,000. Over one hundred turns with goods stored in the warehouse are losers. Marion County had stored JIOO.OOO worth of voting machines, on which there was no insurance. Six fire men were slightly hurt. I. Ii. Smith of Sheridan. . FOREST GROVE, Or.. Jan. 29. (Spe cial.) Word was received here today an nounclng the death at Sheridan, Or., of I. L. Smith, for many years" an honored resident of this city. The remains will be brought here and the funeral con- OLD SORES The deep, trader-lying cause of every old sore !3 a bad condition of the blood. This vital fluid has become infected with, some germ or poison which prevents the place from healing. This infection may be the result of aa in active, sluggish condition of the system leaving the refuse matter in the body to be absorbed into the circulation instead of throwing it ofl through the usual channels of nature. Another cause is the weakening or polluting of this life-stream from hereditary taints, or from the eSect3 of a long spell of sickness, leaving disease germs in the system. When the blood is in this condition a sore cannot heal because the impurities with which the circula--tion is filled are being constantly discharged into the place to irritate and inflame the tissues and further disease the surrounding flesh. The only treatment that can do any good is one that removes the cause, and for this purpose nothing equals S. S. S. It begins at the fountain head of the trouble and drives out all germs, impurities and poisons, and then the place, being eupplied with rich, pure blood, heals naturally and permanently. Local ap plications assist in cleansing the place, but a cure can only be affected through a purification of the blood. Book on Sores and Ulcers and any medical advice free. THE SWIFT SPECIFIC CO., ATLANTA, GA. P iaiiioSj Organs,, Etc The sale of accumulated pianos, more or less used, which has been in progress at Eil'ers Piano House during the past nine days, is rapidly coming to a close. Prices have never been quoted so low as those at which the many instruments in this sale have been ticketed. Scores of instruments have been selected by buyers from every section of the city, as well as from almost every quarter of this state and Washington. But the assortment was so large that there is still a splendid variety to choose from. It matters little what amount of money you desire to invest in a good piano, or what make or tone or style you wish, you are sure to find it here in our Annual Clearance Sale at a price which we'll guarantee much lower than elsewhere. These are plain, honest statements of facts, worthy of your earnest consideration. We don't ask you to take our or any one else's mere say-so. We know that every other dealer makes these same claims. But remember, statements and claims often look different when stood in a row with downright facts. Investigate for yourself, compare prices. Bear in mind,' too, that everything will be found exactly as represented and satisfactory in every respect or your money cheerfully refunded. PlfiRSON In fair condition, $18 GARDNER In very good order, $42 ARION Exceptionally good tone, $47 LINDEMAN The famous "cycloid," $54 STEINWAY In excellent condition, $68 GEORGE STECK Beautiful rosewood case, in fine shape, $75 ' - . ' STEINWAY Very fine, $108 WEBER Magnificent, $126 V - CHICKEEING Genuine rosewood case, in thorough repair, $95 CHICKERING Genuine rosewood case, $235 DECKER Fine ebonized case, $210 C0N0VER An excellent instrument and a splendid bargain at $110 ' LTTDWIG Like new, one of the fanciest stylet, $175 , SMITH & BARNES Discontinued style; big reduc tion from actual worth, $195 SWICK & CO. Nearly new, $88 C0LLARD & 00LLARD, $47 NUGENT Fine condition, $118 " . KIMBALL Beautiful quarter-sawed oak, $238 SINGER Beautiful mahogany case, $156 STEINWAY The much-advertised Vertegrand, $218 KRANICH & BACH A make too well known to need an indorsement here; only $90 BAITS Very handsome mahogany case, good tone, $198 DECKER One of the largest sizes, handsomely ebonized case, $190 WESLEY A very satisfactory piano at- the very moderate price, $137 MARSHALL &' WENDELL Largest size, beautiful colonial case, regular $400 style ; case slightly dam aged in shipment ; only $250 NEW ENGLAND Large size mahogany, $105 Here Are Means to Remedy That "Silent Piano" MELVILLE CLARK APOLLO With 37 rolls of music (the music alone is worth the price) $65 ANGELUS Orchestral type, with phrasing levers, good as new, $98 ' ANGELUS Another one just like the above, $98 ANGELUS Mahogany, good plaving order, $75 ANGELUS The verv" latest tvpe", $110 PIANISTA, $85 CECILIAN PLAYER Oak case, good as new $100 GENUINE PIANOLA Almost new; discontinued style, $162 ! ' . We will include a, year's subscription to our circulating library with the above Pianola. Organs Also Must Co DANIEL P. BEATTY Solid walnut case with beau tiful pipe top, this organ has 22 stops and was originally advertised as worth $150, now $45 BRIDGEPORT 11 stops, goes now for mere song, $18 - BRIDGEPORT Another one, . an equal bargain, $28.50 "KIMBALL A fine organ, splendid condition, sold for $130. now $72 , PACIFIC QUEEN Very elaborate walnut exhibi tion case, with large French beveled plate mirror, oriprinally sold for $150, now $78 BURDETT Fine walnut case, shows no wear; orig inal cost $100, now $58 ' KIMBALL Piano-case style, fine mahogany finish, original cost $175, now $78 KIMBALL Fine quartered oak case, original cost $125, now $54 AEOLIAN SELF-PLAYING ORGAN One that everyone can play, originally sold for $300, now $68 PELOUBET REED PIPE ORGAN Solid walnut case. 14 stops, just the thing for your church, $56 Remember, these few instruments listed here are but a small portion of many bargains on hand, and you can be reasonably sure of finding among them all just exactly what you wish. But you must hurry the end of the great sale is now in sight only a few days more. Pay ments $3, $6 or $7 a month secures choice of the above. Biggest, Busiest and Best of All The House of. lllgUCOL V(UaiUV di.pen.er, of piano reliability Piano, Organ, Violiri and Talking Machine Headquarters 353 Washington Street, Corner of Park STORES EVERYWHERE CALIFORNIA TO ALASKA I at Your Own Price ( End of Sale to ''Come Saturday You'll Have to Hurry ( 1 1 ) 1 I 1 I ducted Saturday under the auspices of the Masonic Lrf)dpe. Mr. Smith was raised In Tazwell County, Illinois. After settling In Oregon, he rep resented this county in the State Legis lature for two terms. He was about 80 years of age and leaves a widow and eight living children, viz.: George and Fred Smith, at Sheridan, Wyo.; James Smith and Mrs. Merchant, of Eastern Oregon; Mrs. Flora Hinman and Mrs. Etta Kane, of Portland: Elmer Smith, Vancouver, and Miss Day Smith, of Ne vada, also a brother, Levi Smith, of thin city. He was a member of the G. A. H. ijTOE most particulf' .W A . i . i ... it jpHE most particular care is exercised in selecting only the very choicest leaf from the finest crops for Piper Heidsieck and the greatest discrimination governs every detail of its manufacture, yet its price is little more than that of ordinary brands. Sold in more stores than any other plug tobacco made. Not expensive even though it is the best.