MORNING OREGOXIAX. "WEDNESDAY, MARCH 25, 1908.
11
T
DISMISSES
BRDWNFLL CHARGE
McCourt Makes Motion on In
struction of Heney and
Bonaparte.
TWO REASONS FOR ACTION
Trosecntor Declares Conviction' for
Subornation of Perjury Would
Be Impossible and Defendant
Had Helped Government.
Judjte Wolvrton. in the Federal
Court yesterday, dismissed the one re
maining indictment against George C.
Brownrll. ex-State Senator from Clack
amas County, at- the request of United
Slates Attorney McCourt, who submit
ted trlrgrsmn both from United States
Attorney-General BoTiapartc and Francis
J. Heney. authorising that disposition of
tho case. Bron-nell was Indicted In
February, 1905, for subornation of per
jury, having. It was alleged, induced
two witnesses before the Federal grand
Jury to testify falsely concerning cer
tain signatures to field notes represented
to have been Brownell's. Henry Mel
drum, who Is serving three years at Mc
Neil's Island for making fraudulent sur
veying applications while Surveyor-General
of this state, recently confessed
that he forged Brownell's signature to
all of the papers Brownell was alleged
to have signed.
The dismissal of the indictment against
Brownell yesterday was not a surprise.
It had been known generally for some
time that Brownell had the positive as
purance of Heney that he would never
he prosecuted on the subornation of per
jury charge. That understanding, it fa
said, was further cemented when
Brownell testified for the Government
In the prosecution of John H. Hall, ex
I"nited States Attorney, last January.
During the trial Heney substantially an
nounced that the indictment against
Brownell .would be dismissed, for the
double reason that he did not believe
Brownell signed the field notes and be
cause he did not consider that the Gov
ernment had sufficient evidence to con
vict Brownell of the charge.
Bristol Failed to Act.
That Heney did not make good on his
promise to Brownell sooner was not
Heney's fault. The graft prosecutor
and donor of immunity hatha on March
11 telegraphed W. C. Bristol, then United
States Attorney, directing the dismissal
of the Brownell indictment, but Bristol
Ignored the Instructions. Last Thursday
Bristol received a. telegram from Bona
parte asking if the Brownell Indictment
had been dismissed, but Bristol main
tained silence and disregarded the in
quiry from his superior so far as exe
cuting the orders of Heney. On the
same day that Bonaparte wireu Bristol,
the United States Attorney-General also
wired McCourt at Pendleton and asked
If Bristol had referred to him Heney's
telegram to Bristol. In this telegram
McCourt was directed to act promptly If
he had not already done so. The result
was that as soon as he had assumed
full charge of the office, McCourt com
plied with the instructions of bis su
periors and had the indictment against
the Clackamas County man dismissed.
In asking for the dismissal of the in
dictment. McCourt read the lTeney-Brls-tnl
telegram of March 11 and further
explained that the same action had been
directed by the United States Attorney
General. Heney's telegram to Bristol
follows: t
Telegram From Heney.
Attorney-General Bonaparte has author
ise. 1 me to dismiss, hoth Indictment (there
w as only one pending, the other having been
ri'mnliiKed nearly three years ago) for Mh
nrnallon of perjury now pending ajptlnat
(Irorire C. Brownell If 1 deem It advisable.
Pleas make motion 1n my name and by
authority of thla telegram In the court in
hlch aald indictments are now pending to
dismiss ea-ch of them upon the ground that
I am satisfied that Oeorae C Brownell did
not write the signatures purporting to he
his Inmjrveying contracts which were In
vestigated before the sand Jury when al
leged subornation of perjury was commit
ted by Brownell and upon the ground that
fur this reason in my opinion conviction
would not be poaaibla in the subornation of
perjury caeea and upon the further ground
that Brownell is equitably entitled to this
action on account of evidence which he se
cured for the Uovfmmnt in on. caae and
testimony which he ha. already given on
behalf of the Government in another cafe,
and bv other evidence which he haa prom
lel to give whenever calted upon to do so
in other cases, i
Mr. Brownell was elated yesterday
when he learned that the indictment had
finally been dismissed. After having
been active in the politics of the state
and the dictator of political affairs In
Clackamas County for 12 years. Brownell
was retired in June. 1905, being succeeded
as State Senator "by a lemocrat. He has
always maintained that the handicap of
a Federal Indictment hanging over him
was the real cause of his defeat. He de
clares that his vindication la complete
with the dismissal of the indictment.
May Drop Other Caes.
In the dismissal of the Brownell indict
ment, those who have followed the land
fraud prosecutions profess to - see the
Initial step towards the dismissal of a
number of the indictments against other
defendants. In the Hall trial several in
dicted persons gave testimony for the
Government and it was intimated at the
time that they, would teventually be re
warded with Immunity baths. As long as
Bristol retained the office of District
Attorney, his relations with Bonaparte
and Heney not being the most cordial.
Bristol declined either to have anything
to do with the "Heney" land-fraud cases
or to follow Instructions when those or
ders proposed the dismissal of Indict
ments or other recommendations of len
iency. In asking for the dismissal of the in
dictment agitinst Brownell. District' At
torney McCourt proceeded only on in
structions from Bonaparte ' and Bristol,
not of his own volition, and it was prob
able further Instructions of the same
character will be complied with Just as
promptly, for when he assumed the office,
Mr. McCourt said he would be governed
by instructions from the Attorney-General.
NO PACKING HOUSE FOR HIM
Voodtock Resident Recalls Stench
of South Chicapro.
PORTLAND. March 23. tTo the Editor.)
Is It possible that the Portland father!
are actually so dad asleep, or so Indif
ferent. fT(fo Ignorant of the meaning and
detriment of a parking-house in a city at
to allow uch a thing- to be located here?
Utve any of ths city fathers ever
amelled t'hicaao's packing town 7 Don't
th-y know that the whole South Side of
hie go Is ruined for homes by this evil
. nch that flits the air. In spite of the
f net that lake Michigan is there with ita
purifying Influence and Its strong winds to
.arry away such? In Portland. It would
mean a close. Mining smell all the year
round. Don't they know that three mile
out on the lake, seamen And their directions
by the Chicago stench. No power, no money,
no possibility can remove the horrible smell
of a packing plant. It is an eyesore to
South Cnlcago, and a disgust in the nos
trils from year end to year end. In the
Summer, it is terrible.
I cannot believe that a single man advo
cating a packing-house in Portland ever
smelled the Packing Town of Chicago. And
if he haa and still wants ft. there's some
thing (wrong with his appreciation of Port
land as a city of homes and roses. Imagine
the sweet fragrance of the tea roses com
bating this evil smell of flowing blood and
slaughter! Portland is the Rose City. Na
ture gave her this character, and man. so
far. has sought to encourage It. And now
comes this horror of a packing plant with
Its unspeakable odors, sights and influences,
asking the privilege of sitting down amidst
our roses I The Impudence of the request
should have been rebuked by short refusal.
Portland will lose more than she could,
gain by ten thousand times the profit, from
having such an industry in her limits. Hun
dreds of people are disgusted with the idea,
and If the packing-house comes, as a property-owner,
I should, with them, consider
Portland Investments in general, and those
within a thee-mlle radius of the packing
plant in particular, decreased by half In
alue. L.. S. FARMER-
PREPARE FOR BIG BANQUET
Extensive Arrangements Made for
Laymen's Missionary Rally.
Arrangements, have "been completed for
the banquet and mass meeting to be held
next Monday and Tuesday nights, March
SO and 31, for the purpose of inaugurat
ing the laymen's missionary movement
in this city.
J. Campbell White, of New York, sec
retary of the movement, will arrivs in
Portland at the close of the week. Mr.
White will deliver addresses at the ban-
INDICTED BY JURY
Four Are Held for Using Mails
Fraudulently.
REPORT TO COURT TODAY
Wells Case Is Disposed of and Other
Urgent Matters Will Be Con-
sidered Before Adjourn
ment Is Taken.
An indictment will be returned by the
Federal grand Jury today charging B. H.
Wells. J. N. Saylor, Frank Caviness and
M. J. Dorsey with using the malls
fraudulently. The Jury heard the testi
mony against the accused yesterday
afternoon and before adjourning; for the
day voted the indictment, which will be
reported to the court today as soon as
the document can be prepared. Of the
accused, Wells is a prisoner in the County
Jail, the other three being out on J1500
bonds.
The quartette is charged with recetv
Ing through the 'mails spurious bank-
SHEAR-GUARD FENDER IS THE LATEST
THING IN LIFE-SAVERS
r r ": ir
it
FRO T VIEW OF SHEAR-GUARD FENDER.
The -shear-guard fender is the latest thing In lite-savers for trol
ley cars, and is being used in Chicago. It Is a very simple type of
I fender that is designed to throw pedestrians off the track bodily
I when they are run down by a streetcar.
The fender consists of a stout vertical plank, 12 by 2' inches,
carried on stout brackets under the front platform of the car, with
a piece of rubber hose fastened along the bottom edge. It extends
from the Inside front corner of the car at an angle of about 45 de
grees to a' point Just outside and forward of the outside wheel of the
front truck. ' N
On the back of the plank are mounted two brackets carrying
swivel-pivoted, castiron wheels, eight Inches in diameter. These
wheels are set about on inch below the bottom edge of the 'plank
and earrv the fonder when the car oscijlates or when the paving be
tween the rails Is higher than normal. The plank Is free to slide ver
tically on the brackets by which it is carried and when the carrying
wheels come in contact with the ground, the plank rises sufficiently
to be always about two inches above the pavement between the rails.
It Is said to be practically impossible for even a hand or foot to
become Jammed under the fender, which has sufficient weight to keep
it always down close to the surface.
The effect of a blow from this fender is to shunt an obstruction
off the track because of the angle at which the plank Is placed.
quet in the Hotel Tortland Monday night
and at the maas meeting in the White
Temple on Tuesday night. In these ad
dresses Mr. White will explain the char
acter and . aims of the organisation.
The banquet at the Hotel Portland is
In charge of a committee composed of
B. Thompson. G. F. Johnson and E.
X. Wheeler. An effort was made to se
cure a banquet-hall which would accom
modate 500 persons, but the committee
was unable to do so. Arrangements were
finally made with the Fortland Hotel,
where 325 persons will assemble.
The plan to have a 'banquet has been
criticised In some quarters, some people
believing that it is an extravagance and
on account of the cost a discrimination
against the poor man. The banquet is
being given for the sole purpose of bring
intr together a class of men who are in a
position to do much for the missionary
cause, and also to educate a host of
people so that they may more intelli
gently take part in the mass meeting to
be held the following night at the White
Temple. A portion of the proceeds from
the sale of tickets for the banquet will
be used to defray the expenses of the
general mass meeting on Tuesday night.
Every Protestant evangelical church in
the city was extended the privilege of
sending three delegates to this banquet.
NEW VICTOR MACHINES
Louis XV Victor Vlctrola, All Tarts
Concealed.
The Victor Talking Machine Company
have recently placed upon the market
the latest design- of musical instrument,
Victor-Victrola XX (Louis XV design).
The artistic beauty and great musical
possibilities of this Instrument instantly
impress every one who hears it. Cabinet
of specially selected, richly figured La
cuna mahogany. Doors in "V" paneling:
perfectly matched. Ornamented with
elaborate carving. embellished with
antique gold leaf. Metal parts heavily
gold-plated, satin finish. Concealed horn;
sound amplifier within the cabinet. Tone
volume increased or diminished by open
ing or closing small doors at top. Albums
for 150 records, and drawer for acces
sories. One of these instruments is on
display in our Morrtson-treet window,
and by the way. the first one on the
Coast. Don't fall to see and hear it.
Sherman, Clay & Co., Sixth and Mor
rison streets, opposite Postoffice, Port
land, Or.
HOTELS-RESTAURANTS
Housekeepers all who appreciate
sound merchandise it matters not
where you shop, should examine our
special offerings this week in table
linens, sheets, pillow cases, curtains,
blankets and quilts.
mcallen McDonnell.
The store noted for good goods at low
est prices.
Send Workmen to Corrigidor.
MARK ISLAND. Cal., March 24. In
formation has been received here that
the Government Is preparing to send 1000
workmen to the Philippines the first of
the coming month for work on the for
tifications on the Island of Corrigidor.
at the entrance of Manila Bay. This
will make 1500 to be sent within a month.
The" fortification of the Island was only
recently determined on. and the work will
be rushed. The workmen are offered
1150 pr month.
If Babr Is Ctrttln Teeth
B aura and uaa that old well-tried ramadr.
air Wlnaiow'a SouLhtns Syrup, tor chlidraa
taathlnar- It aoothca tha child, softena tha
turns, allays pain, colic aad diarrhoea.
Red Cross shoes at Rosenthal's.
notes to the amount J1U0 from a Chicago
curio dealer. The bogus currency was
passed in different cities on the Pacific
Coast, the gang being apprehended and
taken into custody in this city, where
its members are charged with operating
by disposing of the bills to lodging-house
keepers. Their plan is said to have been
to rent a room and tender either a $5,
$10 or $20 bill in payment, receiving the.
difference in lawful money.
Diarict Attorney McCourt yesterday
said that the Jury today would continue
the investigation of all matters requir
Ing immediate attention. When these
have been disposed of, less important
affairs will be continued until the Fall
term so as to enable Mr. McCourt to
familiarize himself with the office and the
testimony in ajl cases to be investigated
by another grand Jury next October.
Mr. McCourt has received no instruc
tions from Washington as to the prose
cution of the 22 pending Oregon land
fraud cases which are scheduled for
trial, beginning April 13. It is considered
doubtful that these cases will be taken
up at that time. Francis J. Heney, spe
cial prosecutor for the Government, is
said to have been selected to prosecute
the case for the Government against
Hyde and Benson, which will begin in
Washington. April 13. Furthermore, T.
B. Neuhausen, Special Inspector to the
Interior Department, has been subpenaed
as a witness in the Hyde-Benson case. He
is now on his way to Portland from Los
Angeles and will probably leave In a
few days for Washington. Mr. Neuhausen
has gathered most of the testimony
against the Oregon land-fraud defendants
and these cases could not be satisfactorily
prosecuted without his presence and as
sistance. It would not be surprising If
all of these cases should be postponed
until the October term.
IMPORTANT QUESTIONS RAISED
Federal Court Snlt Involres Rights
of Government Contractors.
Pinker & Scott are plaintiffs in a suit
now on trial in the United States Court
against the United States Fidelity &
Guaranty Company to recover property
to the value of $15,000, together with dam
ages, that is alleged to have been seized
wrongfully by the agents of the defend
ant company about 18 months ago. The
suit arises out of a contract between
Pendergrast & Clarkson with the United
States Government for the construction
of the Shoshone dam at Cody, Wyo., In
connection with a large irrigation proj
ect. Pinker & Scott were sub-contractors,
having charge of the rock-crushing
plant. While the work was in progress
the contracting firm became insolvent
and the bonding company, which fur
nished the bond, sent their agent to
Cody and seized, it is alleged, not only
the tools and property of the insolvent
contractors, but also property belonging
to the sub-contractors and of the value
of $15.0000.
Several interesting and important ques
tions are involved in the suit as to the
relations of sub-contractors with Gov
ernment construction work. Only two
witnesses were examined yesterday and
it is expected the case will not be con
cluded before tomorrow. R. W. Wilbur,
F. S. Senn and Frank S. Bennett are
tr iattorneos tor the plaintiff con
tractors and the defendant company is
represented by Judge M. L. Pipes. Beach,
Simon & Richardson.
ELUDE SAV FRAXCIaCO COURT
Chinese Charged With Theft Will
Probably Be Deported.
Counsel for Chin - You and Leong So.
who were being held by the Government
for deportation, yesterday stole a march
on the San Francisco detectives who
have been seeking for several days to
get the custody of the prisoners for an
alleged felony committed in California.
Roger B. Sinnott, attorney for the Chi
nese, who had appealed from the de
cision of United States Commissioner
Sladen. holding the aliens for deporta
tion, yesterday moved the dismissal of
the appeal, and the Chinese were de
livered into the custody of the United
States Marshal for deportation. This
leaves the California authorities without
any recourse, and the probability is that
the Chinese will be deported imme
diately. Chin Tou and Leong So were arrested
In Portland about two weeks ago by
tho immigration authorities on a
charge of being in this country unlaw
fully. They took their case into the
courts in an attempt to defeat deporta
tion, but when they learned that the
state authorities in California had war
rants for their arrest, they appealed to
the Federal Court for a dismissal of
their appeal from the findings of United
States Commissioner Sladen and gladly
acquiesced in the plan of the immigra
tion authorities to have them returned
to their native land.
Says Reputation Suffered.
The suit of H. T. Booth against the
Pacific Muutual Life Insurance Com
pany for $20,000 damages for malicious
prosecution has been transferred from
the State Circuit Court to the United
States Court. Booth was arrested in
the Summer of 1007 at the instance of
the officers of the insurance company,
by which he was employed as agent, on
a charge of embezzling $979 of its funds.
The corporation failed to prove its case
and Booth was discharged. He now
wants compensation for the Injury he
contends has resulted to his reputation.
DANMOORE OPEN APRIL 1
Formal Opening of Xew Hotel Will
Be Few Days Later.
Furniture, fixtures and decorations
are being delivered at the Danmoore,
the hotel Dan J. Moore is to open to
the public on April 1 at Fourteenth
and Washington streets. The build
ing has been thoroughly modernized,
and while Mr. Moore will be ready to
accommodate guests on the date
named, he will defer the formal open
ing of his hotel until a few days later,
in order to have everything; in the
best possible Bhape for the comfort
and convenience: of his patrons. The
office of the hotel is now open to those
who may desire to engage accommoda
tions. Olympia Malt Extract, good for grand
ma or baby. Only 15-100 of 1 per cent
alcohol. Phones: Main 671. A 8467.
PHONOGRAPH
USE IT
A Month Free
This Is How You Do It
TOU PAY FOR THE RECORDS,
THEN AFTER TAKING AN
Ed is on Phonograph
TO YOUR HOME AND EN
JOYING IT FOR
ONE MONTH FREE
YOU BEGIN TO PAY FOR IT
' ON
Easy Monthly Payments
GET IN THE HABIT OF AT
TENDING OUR TUESDAY
EVENING RECITALS. NEW
SELECTIONS EVERY MONTH.
PARLORS OPEN EVERY
EVENING UNTIL 9 P. M.
SATURDAYS TO 11 P. M.
.Woodard, Clarke & Co.
COMPLETE LINE
EDISON
v
PHONOGRAPHS
AND RECORDS
14 Different Makes of Pianos, aad
the Great "APOLLO" Player.
Piano. Plays 23 PJOtea More
Than Any Other t
PLAYER PIANO -
Hovenden-Soule
Piano Co.
Cor. Morrison and West Park
East Side Headquarters
EDISON
Phonographs
AND RECORDS
E-Z PAYMENTS
fr-y-.T...rnsrW.-- A-a'- 'iVi
A FTER all, what is it that we want in the way
j. of entertainment We go to the theatre
to hear songs and dialogues; to the dance hall
for music and motion; to the concert hall or
grarid opera to hear good singing, when we can
get them all, at far less expense and trouble, in
our own homes with the Edison Phonograph.
See and hear the new Edison model with
the big horn at the nearest Edison store, or
send for a complete catalogue describing it.
April Records Out Today
"OW is your supply of Records .? Isn't it about
time you had some new ones: 1 he new Records
contain some old music, because some music never grows
old, but. they also contain some of the new hits you
have never heard before. Keep in touch with
popular music It may not be the best music,
but it is always good and it always entertains.
Hear these Records at your dealer's at once.
. . Bm G. Harlan
9754 MarahaTuiqu. Ptrl
9793 Them Kmc riri LOra Yoo .
9796 Under AT Old m All . J. m
(a Bonn hit from Tb Talk of Nw Yort") Bf3r Morray
9797 Hornpipe Medlar (Violin) Charles D-AlroaaBa
9798 RambUnc Rom Harry Aathoor
9799 When Yon Steal a Kta or Two fonejorth. good things from
" The Girt Behind the Counter") Ada Jonas and Billy Murray
9800 When th World Dont Treat Tou Right. Come Home.
or Roberts
9am Spanctoa Intermezao . . Btfson fly midiuuy Orcbeatra
9802 When We Listened to the Chimin o tha Old Chart Ball.
Marmel Roma in
9803 Way Bar (a lively robe dnot . . . Collrna and Harlan
9804 TbeRjomany Lass Gypsy leo tela) . Prank C. Stanaar
Go to yonr dealer or write to us today and get
these three booklets: Complst Catalogue,
Supplemental Cat alogtj and the Phonogram.
They tell about all the Records, old and new.
9WS Can of the Wild Marrfa . . -. . . Bdiaon MfBtary Band
9806 I'm Lookinr for the Man That Wrote " The aiorry
Widow Walts" Edward Jt. Paw
9SW The Vagabonds. Spenoor and Girard
9X08 See-Saw (by the composer of "School Days") Ada Jones
91109 Sweetheart Maroh (Xylophone) ..... Albert Beszler
9810 Flanagan's Mother-m-Law (Monologue) . Store Porter
9811 Lord, I'm Cominc Home (sacred selection)
Anthony Harrison
912 I dot to Seed. Minstrel Show Arthur Collins
9813 Christ Aroae (an Raster selection) . Bdlson Concert Bend
9K14 The Message of the Eyes ' ABen Waterons
9815 SI and Sis. the M-ostcal Spoons. Ada Junes and Len Spencer
9816 Nancy Lee . Edison Male Quartette
9817 Rain-te-tbe-Paca Medley. . . Bdiaon Mlfitary Band
BUSINESS MEN. write for oar booklet. " From Bmm to Type."
which tells how the Kdteon Business Phonograph saves year
time and eueigy and increases yocr working capacity.
WE DESIRE GOOD. UVE DEALERS to sell Edison Phonographs
in every town where we are not now well represented. Dealers
should write atones to
Nati6nal Phonograph Company, 75 Lakeside Avenue, Orange, N.J.
9
THE TALKING MACHINE HEADQUARTERS
OF . THE NORTHWEST
EASY
PAYMENTS
4tMfM4 wrf
pianoreHdbilit
. EASY
PAYMENTS
353 Washington Street
FINEST TALKING MACHINE PARLORS ON THE COAST
HEADQUARTERS for TALKING
MACHINES AND SHEET MUSIC
328 Washington
Street
Graves & Co.
328 Washington
Street
The Largest Stock ot Talking Machines and Records in the City
Records of the numerous public libraries
In New York City show that in the last nve
years there has been a remarkable Increase
In Interest In sociology, political economy
and kindred subjects. The reading and con
sulting of books relating to such matters has
mors than doubled 1b the last 1& rears.
The City of Baston has adopted a munici
pal flag, said to be- a copy of the frag which
waved over that town during the Revolu
tionary War. 'The flag has 13 red and whtts
stripes In the upper corner, and the remain
der of the flag is blue with a circle of eight
white stars in the center.
Three Chinese navy officers are now afloat
In British cruisers to improve their pro-i
fessional training, and it in stated that the!
number will shortly be increased. Japane.j
Chinese. Siamese and other foreign officers
have from time to tme been received oa
British ships for the same, purpose.