THE MORNING OREGONIAN, WEDNESDAY, JUNE 24, 1908.
10
TEN MEN QUALIFY
FOB BOOTH JURY
Richard Scott Rejected Be
cause He Resents Ueney's .
"Meddling" in Oregon.
CHALLENGED BY BECKER
T. S. McDanicI Also Kxcused When
It Develops That He and R. A.
Booth Are Both Willam
ette Trustees.
Warm friendship for Senator. Fulton and
a positive dislike for Francis J. Heney
were the reasons for the rejection yester
day of Richard Scott, a prominent Clack
amas County farmer, as a juror in the
James Henry Booth bribery case in the
United States Court. Mr. Scott had been
accepted by the defense, but, In answer to
Questions from Judge Tracy Becker, for
the Government, declared emphatically
that he resented what he considered
Heney's 'meddling" in affairs in this
state. Mr. Scott further admitted that he
had said he regarded that the prosecution
of the so-called land-fraud cases in Ore
ton had developed into persecutions. In
nswer to questions from Judee Wolver
ton, Mr. Scott, however, asserted that he
could cast aside any feeling he might
have regarding the case at trial and serve
as an unprejudiced Juror. Following this
declaration Judge Wolverton held that
Mr. Scott was a competent Juror. Judge
Becker would take no chances and per
emptorily challenged the juror, who was
ejceused.
The ill feeling of Mr. Scott towards Mr.
Hetiey was not disclosed in his examina
tion by Judge Webster, for the defense,
which was satisfied to accept him as a
Juror. Several preliminary questions
were asked of Mr. Scott by Judge Becker,
the evident purpose being to show that
the juror, by reason of his prominence
with the State Grange, had not been on
very friendly relations with ex-State Sen
ator R. A. Booth, brother of the defend
ant, James Henry Booth. But Mr. Scott
declined in his answer to lay the foun
dation for his possible disqualification as
a juror. Finally Mr. Scott was asked if
he did not have a conversation with'
Harry B. Dyer, of East Portland, one day
last Spring, while en route to Salem, in
which he had passed an opinion on the
Oregon land-fraud cases.
Kesents Attack on Kulton.
"'If I discussed Mr. Heney at that time,
it must have been In connection with his
attacks on Senator Fulton," replied Mr.
Scott. "If I talked about the land frauds
it was only in a general way."
"In that conversation with' Dyer did
you not say. 'Heney should remain in his
own state and not come here meddling in
our affairs'?" Interrogated Judge Becker.
"I do not remember that I did make
such a statement," responded the juror.
"My remarks were Intended to apply to
Mr. Heney for coming to Oregon and at
tacking Senator Fulton, which I resented
and still consider was not warranted. I
considered ' that In doing so Mr. Heney
was entirely out of his latitude."
"Did you not further say that you re
garded 'these prosecutions as persecu
tions'?" followed the Government prose
cutor. '
"I believe that I did make such a state
ment, but it did not apply to the so-called
land-fraud eases. I intended the remark
to apply only to Mr. Heney and his at
tacks on the character, of Senator Ful
ton." Court Rules for Juror.
"I submit to your honor," said Judge
Becker, addressing the court, "that the
juror is disqualified to serve in this case."
Judge Wolverton asked Mr. Scott if the
fact that Mr. Heney had prepared the in
dictment against the defendant on trial
and the further fact that Mr. Heney
might be called as a witness in the trial
of the case would prejudice him either for
or against the prosecution. The Juror re
plied that he would try the case with
the same consideration that he would give
any other case, and was held by Judge
Wolverton to be a competent juror.
After conferring with United States At
torney McCourt and Special Inspector
N'euhausen, Judge Becker exercised the
first peremptory challenge for the Gov
ernment and Mr. Scott wa3 excused.
Later in the day the Government per
emptorily challenged T. S. McDanlel, of
Multnomah County, who was also ex
cused after the prosecution had sought
unsuccessfully to have the juror declared
incompetent because of physical reasons.
M. J. Adams, of Marlon County; B. C.
Mears, of Multnomah County, were ex
cused for the reason that they were preju
diced against the defendants in the land
fraud trials. Jacob Ogle, aged 78 years, of
Marion County, expressed a willingness
to be axamined as to his qualifications as
a Juror in the case,- but was excused by
counsel for both sides in view of his ad
vanced age. Mr. Ogle was also excused
by Judge Wolverton from further attend
ance on the court for the same reason.
McDanicI Also Challenged.
In the examination of Mr. McDanlel by
Judge Becker it was brought out that
until four years ago he was employed as
bookkeeper for the Advocate, the official
publication of the Methodist Episcopal
Church, of which members of the Booth
family were prominent members. Mr. Mc
Danlel also admitted that he and R, A.
Booth, brother of the defendant on trial,
were members of the board of trustees
of the Willamette University. It was fur
them confessed by the Juror that he was
subject to illness when confined In a
room, especially where there was any
smoking. For these reasons Judge Becker
asked the court to adjudge the juror dis
qualified, but Judge Wolverton held that
the man was competent and physically
able to sit as a Juror. The Government
excused Mr. McDanlel after using its sec
ond peremptory challenge.
Andrew A. Lee, of Marion County, also
Is a member of the board of trustees of
Willamette University, and when ques
tioned by Judge Webster admitted that
while a member of the board he had dis
agreed with R. A. Booth, another member,
on a question of policy concerning the In
stitution. He Insisted that his relations
were not such on that account that he
would be Influenced in any particular In a
fair and Impartial consideration of the
case. He was accepted after being ques
tioned" at considerable length by both
sides.
Six Added to Jury.
During the day six additional Jurors
were secured, making; 10 that have
been accepted. Thoso accepted yester
day were: C. W. Hermens, of Yamhill;
David J. Grant, of Polk; George Bolter,
of Polk: W. J. W. McCord, of Clacka
mas; W. W. Poland, of Linn; Andrew
A. Lee, of Marlon. The other two mem
bers of the Jury probably will be se
cured before noon today, when the op
ening addresses will be made. The in
troduction of testimony should begin
not later than this afternoon. Counsel
on both sides expect to conclude the
case and submit It to the Jury this
week.
Representatives of the Government
here say that the Hermann and Wil
liamson cases undoubtedly will be tried
either late this Summer or early in the
Fall. Mr. Heney is scheduled to come
to Portland from California to try these
two cases. Mr. Hermann will be de
fended by A. S. Worthington, who rep
resented the defense in the recent
Hyde-Benson trial at Washington, and
cx-Senator J. M. Gearin, of this city.
MAY CALL, HEXEY AXD BURNS
Becker- Intimates They May' Testify
in Booth 'Case.
Counsel to? James Henry Booth, ex
Receiver of the Roseburg Land Office,
now on trial In the Federal Court on
a charge of bribery, will not outline their
defense until the Government has pre
sented its opening argument. It was in
timated yesterday by Judge Becker, for
the Government, in the examination of
the junors, that Francis J. Heney and
W. J. Burns, of the Secret Service, may
bo called as witnesses for the prosecu
tion before the Booth case Is closed.
It is understood that the defendant on
trial had several conversations with
Heney aod Burns while they were In Ore
gon. These talks are said to be vitally
important as relating to the case on trial.
Whether or not the two Government offi
cials will be called from San Francisco
will depend on the testimony of Booth,
the defendant, when he takes the witness
stand. The purpose in sending for ileney
and Burns would be to give testimony in
rebuttal.
ARRESTED FOR IIiIEGAL FILING
James D. Hazelwood, of Medford,
Faces Federal Charge.
Charged with perjury, James D. Hazel
wood, of Medford, was lodged in the
Multnomah County jail yesterday In de
fault of K000 bonds. The recent Federal
grand jury returned an indictment
against Hazelwood, charging him with
perjury in making application for a home
stead in Jackson County in July, 1906.
In the investigation of the charge
against Hazelwood, B. S. Reams, of Jack
son County, was the complaining witness.
It was represented by Reams that he
was the owner of a mining claim that had
been worked satisfactorily for probably
15 years and that Hazelwood, knowing the
facts, made application before A. S. Hil
ton, United States Commissioner, to file
on the land as a homestead, subscribing
to a non-mineral affidavit in support of
the application. Later Hazelwood relin
quished his claim and never attempted to
make final proof.
Numerous instances of this character
had been called to the attention of United
States Attorney McCourt. who concluded
to, present the facts before the grand
jury for its consideration. The result
was that a number of indictments were
returned and .Hazelwood was included
among the defendants. The practice of
these mem, it is alleged, was to seek to
acquire possession of valuable mineral
lands by filing on the same as a home
stead. In order to do so it was necessary
to subscribe to a non-mineral affidavit,
declaring that the land was . non-mineral
and not suited for mining pursuits. By
this process several instances were re
ported in which mining claims were
jumped and the original owners were
ousted from their holdings.
Bark Vendee Is Libeled.
Charles Johnson, a longshoreman of this
city, yesterday libeled the bark Vendee
for J1500 damages for personal injuries al
leged to have been sustained while assist
ing to load the boat with a cargo of lum
ber, June 18 of this year. In his complaint
Johnson changes that while descending a
ladder to the main deck of the vessel
in the performance of his dutl:s the lad
der slipped and he was thrown to the
deck, sustaining injuries that will prevent
him from ever resuming his work as a
.longshoreman.
Indian Receives Second Sentence.
John Mitchell, an Indian, was yesterday
sentenced by United States Judge Wolver
ton to serve six months in the Multnomah
County Jail and to pay a fine of $50,
having pleaded guilty to an indictment
charging him with carrying liquor into
the Umatilla Indian reservation. Less
than a-month ago Mitchell completed a
sentence In the County Jail for a similar
offense.
Saloon Closed by Sheriff.
The saloon of F. C. Markwardt at
188 Third street was closed by the
Sheriff yesterday because of a suit
brought In the Circuit Court by the
Mount Hood Brewing Company. The
company is seeking to recover (632 for
rent and liquors and $75 attorneys'
fees.
QUEEN RECEIVES MUCH
.erf
"S- '
PEGGY HOVER, WHO IS THE LITTLE MORTAL CHILD CHOSEN
BV THE DOLLS TO RILE OVER THEM DURING THEIR
.HOIRS OF FREEDOM.
WALTON JURY OUT
Locked Up for Night Without
Returning Verdict.
FOURTH TRIAL FOR HOLD-UP
Deputy District Attorney Haney De
clares Prisoner Will Be Tried
Again If Definite Verdict
Is Not Returned.
The Jury which has been trying Charles
W. Walton in Judge Cleland's depart
ment of the Circuit Court for the fourth
time, retired for deliberation at 5:15 last
night, and was locked up for the night
several hours later without having arrived
at a verdict. If there is another
disagreement Deputy District Attorney
Haney says that the case will be tried
for the fifth time. .
Walton took the witness stand yester
day morning and gave his version of
the streetcar holdup at the fair grounds
between '10 and 11 o'clock on the night
of September 1. .1904. With but few
exceptions the story was the same as
that he has told at previous trials. He
said that before be took the car a flask
of whiskey was obtained for him. ' be
cause .he had a headache. He was not
positive whether the handkerchief, which
others testified he used as a mask, and
which was pulled off over his head at
the police station, was tucked under
his coat or knotted. He stuck to the
story that he had only IB cents in his
possession at the time of his arrest, fail
ing to account for the $2.80 which the
police record shows was taken from his
pockets at the station.
John McNulty was placed on the stand
yesterday morning to testify that the
moon was not shining at the time of
the robbery, as it rose at 11:25 P. M.
District Attorney Manning was ques
tioned regarding a statement made at
the Good Samaritan hospital by Patrol
man Nelson, who was shot by the holdup,
when It was thought Nelson would die.
Mr. Manning said that he did not think
this was preserved after it was found
Nelson would recover.
Henry Kahn, R. C. Beckett, Harvey J.
Beck. I. Watson and Fred English testi
fied as to Walton's reputation before the
holdup. In his instructions Judge Cle-
land said it was within the discretion
of the jurors to consider or lay aside
consideration of his previous reputation
Walton testified that he sold his re
volver to Ben Backman before the night
of the holdup. Mr. Backman said yes
terday that he could not swear that Wal
ton ever sold him a gun.
In the face of Walton's testimony that
he was 17 years old at the time of the
robbery the record of Walton's former
school teacher, Kmma W. Mackenzie,
made February 13, 1900, was introduced
in evidence, showing that he was 15 years
and s months old at that time. He would.
then, have been nearly 20 years old at
the time of the robbery, and Is 25 years
old now. The record was Identified by
Miss Emma Butler as being in Miss
Mackenzie s handwriting.
Other witnesses of the day were: John
E. Boys. Mrs. C. Badgley, Police Captain
E. A. Slover. Mrs. C. K. Smith. Dan
wemer, t. s. Wells and Julia Maxwell
Fred Wagner said that he played in an
orchestra with Walton on the night of
me nomup.
The jurymen are as follows: George
Lawrence. (J. t. uaylord, L. H. Cham
bers. C. M. Paul, P. A. Presen, E. Silver,
Harry E. Wood. E. Versteeg. C. A. . R.
Strauss. E. S. McCoy, W. A. Currie and
McKinley Mitchell.
TWO WIVES SUE FOR DIVORCE
Mrs. Herman Smith Declares Hus
band Threatened Her Life.
Herman Smith seized Ida Smith by
tne throat and threatened to kill her
when she asked him not to walk across
a newly painted floor, last January, ac
cording to her allegations, made in a
complaint for divorce, which was filed
in the Circuit Court yesterday. She
says further that in the Fall of 1905
he cursed her when she was sick, be
cause she could not go out to work
"like other women." She was com
pelled to undergo a surgical operation,
but Smith would not pay the bill, she
says, and she borrowed the money.
They have two children, aged 13 and
8 years, of which the wife asks the
APPLAUSE AT "TOYSHOP"
-'TT -.-a
custody. She also asks that her title to
lot 2, block 8, Brentwood Addition, be
made clear. The Smiths were married
at Portage, Wis., March IS, 1893.
Ida Miller Brown has brought suit
in the Circuit Court for a divorce from
Frederick Emery Brown, on the ground
of desertion and drunkenness. She says
that prior to the wedding, which took
place in Portland, September 1, 1903,
she did not know -that her husband was
a drinking man, but that since that
time his drunkenness has been ha
bitual. She wants her former name,
Ida Miller, restored.
MORTGAGE TAKEN OX JOURNAL
Security Savings & Trust Co. Ad
vances $100,000.
A $100,000 mortgage on all the property
of The Journal Publishing Company has
been taken by the Security Savings &
Trust Company. The mortgage is to in
sure the payment of a similar amount
in bonds, which bear Interest at 7 per
cent, and are payable semi-annually on
May 1 and November 1. It is provided
that in default of the Journal to pay
any part of either the interest or the
principle the Security bank may take
charge of its business. The default in
payment must extend for three months,
however, before such action may be
taken. All the machinery and other prop
erty of The Journal, located in the Good
nough building, at Fifth and Yamhill
streets, Is covered by the mortgage.
JAPANESE DEMAXDS LICENSE
Petitions County Court Against State
Dental Examiner's.
Upon the petition of George Y. Ta
maya, Judge Gantenbein, of the Circuit
Court. Issued an order yesterday for a
writ of mandamus against the State
Board of Dental Examiners. This order
Is to compel the board to Issue a li
cense for the petitioner, or appear in
court at 9:30 A. M., June 80, and show
cause why it has not been done. A
copy of the mandamus was served on
John Yates, president of the board.
Yamaya asserts that prior to Janu
ary 1, 1905, he had been practicing den
tistry in Oregon for five years. On this
account, he says, he should have been
granted a license when he made appli
cation to the board, June 1. 1907, and
fulfilled all the other requirements of
the Oregon law relative to dentists.
He asserts that he presented to the
board the affidavit of L. D. Reaves, but
that this did not secure for him a li
censed BRAKEMAX SUES FOR $20,000
Declares Broken Footplate Was
Cause of His Injuries.
Because the footplate on the pilot
of a freight engine had been broken
off in an accident, and was not replaced,
L. O. H. Vose has brought suit in the
Circuit Court against tne Northern Pa
cific Railway Company to recover $20,
000 damages. He alleges that while
employed as a brakeman on the freight
train running- between EUensburg and
Tacoma, Wash., known as "Extra 1500,"
he met with an accident and was in
jured for life.
VOTE BONDS FPU TOWAGE
PORT COMMISSION ACTS UNDER
NEW LAW.
Authorizes Issue of $500,000 for
New Service ' Under Amendment
Passed at General Election.
The Port of Portland Commission, at a
special meeting held at the City Hall
yesterday afternoon, voted to proceed at
once with the execution of the initiative
amendment to the charter of the Port of
Portland, authorizing the commission to
establish a towage and pilotage service
between Portland and the sea. The is
suance of bonds to the amount of $500,000
was ordered, bearing Interest at 6 per
cent per annum, in denominations of $1000
each.
It is understood that a friendly Buit
will be instituted to test the legality of
the action of the Port of Portland Com
mission, in the courts. The resolution
upon the part of the commission to estab
lish the towage and pilotage service, it
carried out without interference from the
courts, will mean that the service will be
operated by the commission. Instead of
by the O. R. & N. Company, which now
conducts it.
The action of the Port of Portland Com
mission follows the enactment of the
.amendatory act. Instituted by Initiative
petition, through the instrumentality of
Edmund C. Giltner, January 3, 1908. This
was submitted to the voters at the last
general election and was carried by a
good majority. The action of the commis
sion yesterday, therefore, is simply or
dering the execution of the will of the
people.
Toyshop" Again at the
Heilig
HE TOY SHOP," at the Heilig,
drew two packed houses yesterday,
thereby adding considerably to the funds
of the Institute Club of the People's In
stitute and also affording much pleasure
to the audiences. Yesterday afternoon's
performance attracted the children of
Portland especially, and they entered into
the spirit of fun-making, as well as did
those on the stage, shuddering at the
awful pills of Dr. Plllsby, Philip Carson,
and laughing at the three fops, Hoyt
Colgate, Crosby Shevlin. Herbert Hill.
whose make-up and acting were especial
ly good.
' The young ladies who were the four
hours, Miss Zeta Hollister, Miss Beulah
Cadwell, Miss Gene Butterfleld. Miss Clara
Howell, liave exceptionally good voices
and one of the prettiest bits of the op
eretta is a quartet sung by them unac
companied. A chorus of "Ohs!" greeted
the beautiful lady, dolls, Helen Ladd,
Elizabeth Malboeuf, Louise Caswell. The
Noah family drew hearty laughs again
with their antics.
The last performance of '"The Toy
Shop" is to be given this afternoon at
2:15, and it is well worth seeing and hear
ing. v Miss Margaret R. Martin, who is direct
ing the production, was given an ovation
last night between acts one and two.
The curtain was suddenly rung up dis
closing her in the midst of the happy
children. . This was not to Miss Martin's
liking and she tried to escape through the
wings but the laughing children blocked
her way, and she was forced to make a
curtain speech.
She told of her work among the chil
dren in an informal way and how she
enjoys it as much as they do. She
thanked the donors of the flowers that '
were given her and expressed her ap
preciation of the way Portland people had
worked with her to make "The Toyshop"
a success. Out In front the audience by
its applause showed its appreciation of
what Miss Martin had done for its enter
tainment. The Star Brewery's famous Hop Gold
beer Is unexcelled in all respects and la
highly recommended for its strength and
health-giving qualities. Orders for bot
tled beer receive prompt attention.
Phone East 46. Home phone B 1146.
Bajian shoes flt tne feet. RoaeaUuJ's.
WASHING
Jetty Has Deepened Channel to
26 Feet.
WIDTH NEARLY 3000 FEET
Government Officials Elated With
Improvement of Conditions at
Moutli of Columbia River.
Full Report This Week.
Preliminary returns from the survey
of the mouth of the Columbia River
show a general widening and an in
creased depth of water on the bar. Blue
prints of the survey are being made,
and the full results of the survey will
be ready to be made public within the
next . week. At present. Government
officials declare that the depth of
water has been increased to 26 feet,
and that the width of the channel has
been increased to nearly 3000 feet.
Colonel S. W. Roessler, United States
Engineer in charge of the work, re
turned yesterday from a trip to Fort
Stevens, and is very much elated over
the results accomplished by the jetty
during the past year. The rock work
has been pushed so far seaward that
the desired effect is being felt,' and the
natural scour of the river is taking out
the sand, and is gradually deepening
the channel.
With the completion , of the Jetty,
which will probably be accomplished
within another year, the depth of
water ori the tar will be increased -to
about 30 feet, according to estimates
made by engineers. The scouring dur
ing the past year is what the Govern
ment has been attempting to secure
since the Jetty was first planned. The
delivery of rock has been increased to
almost the capacity of the crews to
handle, and the work of dumping along
the line of false work will have pro
gressed so far by Fall that It will not
require much more time to complete.
The survey made during the Summer
of 1907 showed four narrow channels
with a maximum depth of 25 feet.
There were small ridges between with
an average depth of about 23 feet. The
scour of the past year has removed
these ridges, and alao deepened the
channel to 26 feet and widened the
same to about three-quarters of a mile.
Bearings and courses will be given
after the official notices have been
issued, together with the blue prints of
the survey. Contour maps will also be
Issued at that time, which will show
the shape of the bar, and of the sand
spits at the entrance to the river.
WILL ATTEND ELKS' LODGE
Chamberlain and Moody Delegates
to National Meeting.
Governor Chamberlain and Ralph Moody
will leave about July 3 for Dallas, Texas,
to attend the grand lodge of Elks, rep
resenting Portland lodge. W. S. Levens,
district deputy grand exalted ruler, of
Baker City, and probably other past ex
alted rulers, will join the party, though
at present there is nothing definite known
as to their plans.
Mr. Moody is a member of the grand
lodge committee on charters and has oc
cupied that position for the past three
years. By reason of that position he is
one of the best known members of the
grand lodge and it would not be a mat
ter of surprise if he should be chosen
to occupy even a higher office than
that which he now holds.
Among local members of the organiza
tion it is confidently expected that with
in the next two or three years the Grand
Exalted Ruler of the organization again
will be chosen from the Pacific coast.
Judge Melvin, of Oakland, being the last
one chosen from this part of the country.
About a dozen delegates to the grand
lodge will attend from this state and
Idaho and in all probability they will
have a special car. In addition to the
delegates there will be a number of mem
bers of the order who will make the trip,
for as a rule the "Hello Bills" on the
outside of the convention hall exceed in
numbers those who are the accredited
delegates.
BATHINGSUITS.
New lot bathing suits for men, women
and children Just received. We'll accept
regular wholesale prices for the next
three days. McAllen & McDonnell, Third
and Morrison.
Merchants
Savings 6 Trust
Company
247 WASHINGTON STREET
Capital$150,000
Pays interest on Savings Ac
counts and Time Certificates.
Receives deposits subject to
check without limitation as to
amount.
, Effects collections in any part
of the country on most reason
able terms.
Acts as Trustee in all legiti
mate relations.
Oares for properties, collects
rents, etc
Interviews solicited with those
contemplating any phase of our
service.
First Prize $10
Second Prize $5
For letters describing the good points
of Kee Lox Ribbons and Carbons.
Comptltion closes July 15. For par
ticulars and samples, call or send to
K.I UIAM STATIONERY & PRINTING CO.
Fifth and Uak Streets.
H. B.
FEEMCH
LEMGE1IE
(Today Oraly)
FORMERLY $20 TO $35
Store Opesia aft 9
nri it
A I
A great many people believe' that it is better not
to drink anything until after eating, confining
themselves, then, exclusively to coffee. It has
also been fairly well established that if people
ate less and drank more at luncheon, they would
be far better off. Providing, however, they drank
of a beverage that will promote health. This is
true of pure water but not of coffee. It is true
of beer,
Being in a class by itself, especially conducive
to good health, and actually a substitute for
food. It is a fact that such beer as PALE BO
HEMIAN contains a great many, if not quite
all, of the nutritive qualities that make bread
such a remarkable health food. A great many
people in this country eat one small sandwich
for lunch and drink one bottle of beer. As a
rule, you will rind them exceptionally healthy.
One Dozen Large Bottles 1.75,
and 40 Cents for Returned Bottles.
NORTH PACIFIC BREWING CO.
Main 2890. 591 Thurman Street. A 2690.
ff jmk Wad Hand
Myf jTL,! 1 Aif Isn't a circumstance when
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IKS The "Stub" is made in all Keif
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Price $4- jmf
0TOR MEN W WOMENy
LITT
AT
1