12
"THE MORNING OREGON'IAN, THUKSDAT, JULY 3, IDOS,
JURY MUST PUSS
ON BOOTH CASE
Court Denies Defense's Motion
for Instructed Verdict
of Acquittal.
WILL LET CASE STAND
Counsel for Booth Decides to Cttll
JVo Witnesses and Will Let Ver
dict Be Keturned on Gov
ernment Testimony.
United States Judge Wolverton yes
terday denied the motion ot the defense
for an Instructed verdict of acquittal
in the James Henry Sooth bribery trial.
The motion was proposed immediately
after the Government rested its case
and alleged that the prosecution had
not presented sufficient evidence to
Justify or sustain a verdict. After the
Jury had withdrawn, the application for
a non-suit was argued at considerable
length by Judge Becker and United
States Attorney McCourt. for the Gov
ernment, and Judge Webster and Mr.
.Ma larky for the defense.
l'"ollowlng Judge Wolverton's ruling
denying the motion, court adjourned at
4:30 o'clock until this morning.
Defense to Submit Case.
At a late hour last night It was de
cided by counsel for the defense that
they will submit their case at the opening
of court this morning. No evidence or
testimony for the defense will be intro
duced, according to Dan J. Malarkey,
chief counsel for the defense, for the
reason that the Government has failed to
produce evidence that will convict their
client. The prosecution closed its case
yesterday, so it will go to the Jury at
once.
"We will offer no evidence or testi
mony," said Mr. Malarkey last night, "but
will submit the case to the Jury as it
stands. We have decided upon this step
because we are convinced that the Jury
cannot convict with the evidence that
has been submitted."
When the Government rested its case,
Judge Webster, of counsel for defense,
moved for an Instructed verdict, alleg
ing that the Government had failed to
establish the charge alleged In the in
dictment. Judge Webster maintained
the prosecution had not proved that an
agreement had been entered into be
tween Krlbs and Booth or that Booth
had furnished Kribs with any informa
tion concerning the land cancellations
alleged in the indictment. Judge Web
ster referred to the testimony of J. T.
Bridges, ex-Register of the Roseburg
land offic. and Krlbs, principal wit
nesses for the Government, and pointed
out that each witness not only contra
dicted himself but gave testimony al
together inconsistent with that of the
other.
Attacks Kribs' Statement.
Judge Webster maintained that the
affidavit of Kribs was not substantia
tive evidence and in addition, served
only to discredit his testimony. He
alleged further that Mribs had sub
scribed to a statement out of court en
tirely inconsistent with his testimony
in the trial. Even the sworn state
ment, urged Judge Webster, did not so
much as infer that Krlt; was to be
furnished or was furnished with any
advance Information regarding public
lands by Booth. It was contended that
no guilty construction could be placed
on the alleged agreement alluded to in
the affidavit even if the sworn state
ment should be received as substantia
tes evidence, for the reason that It
was in conflict with tne allegations set
forth in the indictment itself.
Mr. Malarky closed the argument in
support of the motion by emphasizing
that the Indictment against Booth
charged him with giving information
on final cancellations of lieu land se
lections while the testimony offered by
the . Government related only to In
formation concerning lists that had
been held up for cancellation. Even
though the defendant gave Kribs in
formation concerning the lands that
were being held up for cancellation,
counsel insisted that the act was out
side the scope of the indictment. Mr.
Malarky charged that the only evidence
offered against the defendant had been
given by "self-confessed liars and brib
ers." and pointed out the important re
spects in which the testimony of
Bridges and Krlbs differed regarding
the alleged agreement. He charged
that the prosecution had failed to show
by any testimony that Booth had by a
single word entered into any alleged
agreement or understanding with Krlbs
or that Booth had furnished any in
formation to Krlbs in compliance with
the alleged agreement.
Becker Opposes Motion.
Judge Becker spoke briefly for the Gov
ernment in opposing the motion, laying
particular stress on the fact that the in
dictment against Booth charged three
specific acts: An agreement between
Booth and Kribs to render certain serv
ices, the payment of money for services
rendered and for services to be rendered.
Judge Becker maintained that the re
lations between Booth and Kribs were
not completed when the check for JS00
' was delivered in October. 1903; that the
Government, by Its testimony, had shown
that there remained other things to be
done. United States Attorney McCourt
followed Judge Becker and argued in
support of the sufficiency of the evidence
offered by the Government and which,
he insisted, entitled the case to go to the
iiuy for Its consideration.
In dismissing the motion. Judge Wol
verton held that testimony had been in
troduced tay the Government tending to
show that an agreement had been entered
Into by which Booth had taken and was
to take compensation for services. The
same evidence, said the court, tended
to show that Booth was an official of the
United States and was an officer of
the court: that Krlbs was a timberland
speculator who was dealing In lieu land
selections. It had been proved that Booth
received the check from Kribs. said the
court. The defense had contended that
the check was for procuring certain op
tions, while the Government maintained
that it was in payment of Booth's serv
ices in furnishing the desired advance in
formation. Judge Wolverton said It was not compe
tent for him to pass on the credibility of
the witnesses but that Kribs. in the
course of his testimony, said he had re
ceived information on two rejected lists.
It was held that sufficient evidence had
been offered to cause the case to go to
the Jury for a decision as to whether the
offense charged in the indictment had
been committed.
Would Strike Out Evidence.
Mr. Malarkey immediately offered a
motion to require the Government to elect
which of the two alleged unlawful agree
ments between Kribs and Booth the pros
ecution would rely on. Counsel called at
tention to the fact that Bridges had tes
tified that Krlbs agreed witb him and
Booth to pay $25 for each selection of
which he would be advised by the Land
Offlct officials. Kribs. however, bad tes
tified that he made an arrangement
with Booth. Brigdes not being present.
Judge Wolverton ruled that the agree
ment alleged by Bridges to have been
made among the three was relevant and
should go to the Jury as corroborating
and leading up to the subsequent agree
ment alleged to have been formed be
tween Kribs and Booth. The court an
nounced that the Jury would be instructed
that it was not pertinent for that body
to consider the alleged $25 a selection
atrranmar, utnru. Dnnth QHmu, on,
r . ...
Kribs in establishing the proof of the
1 agreement between Booth and Kribs.
Mr. Malarkey demanded that the court
instruct the jury to that effect before the
defense proceeded with its case, but
United States .Attorney McCourt objected
to the delivery of any instructions to the
Jury before the testimony had all been
introduced. Judge Wolverton sustained
the objection of the Government and re
fused to deliver the desired instructions
before the case was finally submitted to
the jury. The application of Mr. Ma
larkey for the withdrawal of the testi
mony of Mr. Bridges relating to the
alleged agreement between himself.
Booth and Kribs was also denied by
Judge Wolverton.-
May Recall Witnesses.
The Government rested its case at 11
o'clock yesterday morning, but, in answer
to a question from Mr. Malarkey, Judge
Becker admitted that the prosecution
might desire to recall ex-State Land
Agent West and John GIvens, a timber
land locator. To this programme Mr.
Malarkey demurred and insisted that the
Governmtnt conclude its introduction of
all direct testimony before requiring the
defense to present its case. The sub
stance of what Mr. West would testify
was stipulated by opposing counsel and
Judge Becker concluded that the testi
mony of Givens was not material to the
Government. With this, understanding
the prosecution closed its case.
The final witnesses for the Government
were Walter S. Threlkeld, George W.
Kruse and O. A. Howser, who. in Jan
uary, J903, filed timber land applications
on three quarter-sections of land that were
Included in one of Kribs cancelled ap
plications before Kribs learned that his
selection had been rejected. The pur
pose of this testimony was to show that
prior to the alleged agreement between
Kribs and Booth, the former lost val
uable lands by not being advised of their
cancellation so that he could protect him
self by making subsequent filings before
the lands were seized by outsiders under
the timber and stone act. These witnesses
testified that after making final proof on
their claims they sold the land to Kribs
for $950 each, Kribs being required to
purchase the land from the entrymen in
order, to clear the title to the land which
he had sold to other parties after mak
ing the purchase thereof from the state
and before his selections had been ap
proved at Washington.
Malarkey Again Overruled.
Mr. Malarkey Interposed an objection to j
the testimony of these witnesses and de
manded that the purpose of Its intro
duction should be limited tp show that
Kribs lost these lands: that such testi
mony was admissible for no other pur
pose since the evidence was collateral
and in no way related to the case. Judge
Wolverton held J. hat the evidence was
pertinent to the case for two reasons:
First Because it proved that Kribs lost
the lands and was corroborative of tliti
testimony of Krlbs on the same subject:
Second Because it showed the manner of
filing applications at the Land Office
after the original selections had been
passed on by the Government.
It was expected that W. J. Burns, Gov
ernment sleuth, would be called as a wit
ness for the prosecution before it closed
its case yesterday. But it is now a cer
tainty that Bums will be called in re
buttal. Just what other witnesses the
Government will call in rebuttal is not
known, but Burns will be needed to
corroborate the declarations made by
Kribs In January, 1905, in an affidavit In
which he expressly declared that the $SO0
check was given to Booth as payment
for advising Kribs of Land Office trans
actions. In his examination Monday and
Tuesday Kribs contradicted himself in
testifying regarding the check and why it
was given to Booth.
COURT DISCHARGES JURORS
J5b More Land Fraud Trials After
Booth Case Until Fall.
United States Judge Wolverton yes
terday discharged all Jurors, except
those serving in the James Henry Booth
trial, from further attendance on the
court at this term. Judge Wolverton
explained that this action was taken
pending some arrangement for pro
ceeding with the other cases awaiting
trial. It is suspected that there will
not be any further land-fraud trials
before Fall, although Judge Becker,
who is representing the Government,
declares these cases will not be
dropped. He explains the dismissal of
the jurors at this time to mean simply
that the prosecution desires to arrange
further for the trial of the defendants.
It is generally believed however,
that the further prosecution of the
land-fraud cases at this time actually
depends on the result of the Booth trial.
It Is known that the next case sched
uled to be tried is that in which ex
State Senator R. A. Booth and a num
ber of others. Including James Henry
Booth, defendant in the case now on
trial, are under indictment for alleged
conspiracy to defraud the Government
of its public lands. Should the jury
acquit James Henry Booth, it is not
considered at all probable that the Gov
ernment would proceed with the other
case in which James Henry and his
T
bA.tGS OF WORKMEN DEMOLISHING SHACKS TO MAKE WAY FOR MEIER PRANK COMPANY'S SEW TEN - STORY BUILDING. SOUTH
EAST CORNER SIXTH AND ALDER STREETS.
PHONE MAIN 49
OR,
A 1149
brother, R. A. Booth, both are defend
ants. On the other hand, if the Booth
jury should fail to reach an agreement,
the Government wants to be in a posi
tion that it may retry the case imme
diately. At all events, it will not be
long before the court will adjourn for
the usual Summer vacation period, so
that it would be useless at this time
to set any great number of cases for
trial.
Arrested and Quickly Discharged.
Frank Washinski was arrested yes
terday on a charge of opening and ap
propriating mail belonging- to Martin
Martinartis, who was the complaining
witness. After a hearing before United
States Commisisoner A. M. Cannon,
Washinski was discharged. It devel
oped at the hearing that the two men
had made a wager which was to be
decided by a letter that was to .arrive
a few days later. Martinartls repre--sented
that the letter, which was ad
addressed to himself, fell into the pos
session of Washinski, who opened it.
But the evidence was not conclusive on
this point, it apearlng that the men
had agreed that the letter was to be
opened by either of the parties to the
bet.
BAND CONCERT SCHEDULE
Distribution of Music Among Vari
ous Parks for Summer Season.
Beginning next week Signor de Caprio's
band will give Ave free concerts weekly
in the public parks. The concert season
will continue, during the remainder of
the Summer. ,
At a meeting yesterday of the music
committee of the Park Board, consisting
of Dr. Dav Rafferty, Isadore Lang and
Dr. J. R. Wilson, it was decided to dis
tribute the concerts among the various
parks, according to the following sched
ule: Sunday, City Park; Tuesday, City
Park; Wednesday, Holladay Park;
Thursday. Plaza; Saturday, corner Knott
street and Rodney avenue. Sunday con
certs will commence at 2:30 in the after
noon; all others at 8 o'clock at night.
JULY EXCURSIONS.
On July 6. 7. 22 and 23 the Ca
nadian Pacific will have on sale special
round trip excursion tickets to Eastern
points at very low rates. For rates and
full particulars regarding variable routes,
apply at local office, 142 Third st.
...... t
OLD LANDMARKS OF PORTLAND DISAPPEAR.
The Favorite for Over 31 Years
Every year that Gambrinus is brewed it becomes more popular with discriminating beer
drinkers. .'
No one who uses GAMBRINUS for a week or more ever goes back to any other brew.
EACH YEAR'S OUTPUT OF GAMBRINUS is larger than the brew of the previous year.
BEER IS A TEMPERANT DRINK. Less than 3 per cent of alcohol in GAMBRINUS.
Help YOUR digestion, insure peaceful sleep and better health bv drinking PURE beer in
your HOME.
Don 't put it off. Order NOW. Call us up we do the rest.
TWO DOZEN PINT BOTTLES,
the dozen rebate when the bottles
A jy jam .
L
WORKSIEX CLEARING SITE FOR
MEIER & FRAXK AXSEX.
Ten-Story Steel Frame Building to
Rise at Southeast Corner,
Sixth and Alder.
Gangs of workmen are wrecking the
old buildings at Sixth and Alder streets,
on the site of the ten-story building to
be erected by the Meier & Prank Com
pany. C. J. Cook & Co. have the con
tract for removing the shacks and for ex
cavation, and will proceed with the work
as rapidly as possible. ' '
The two-story frame building which
occupied the corner, was moved bodily
to that location in 1874 by William O.
Allen, a house-mover of that period, and
the first floor was rented by Louis Turner
for a saloon. Mr. Allen lived on the
second floor. Old residents of Portland
cannot recall the former location of the
old building, but to the best of their recol
lection it was brought from First street,
where it was used by one of the wine
importing houses of that day.
W. O. Allen made a nice lot of money
in moving buildings, one of his best ven
tures being the purchase and removal
of the frame schoolhouse from the lot
where the Portland Hotel now stands to
its present location, at the southwest
corner of Sixth and Alder streets, which
was done in 18S2.
A permit will be taken out in a few
days for the excavation work on the
Meier & Frank building and this, with the
permit for the Good Samaritan Hospital
annex, the Y. M. C. A., Parlin & Oren
dorff warehouse and superstructure of
the Rosenblatt Hotel will swell July re
cords well up toward the $1,000,000 mark.
The Northwest Bridge Company, that
has the contract on the iron and steel
work of the new Y. M. C. A. building,
started yesterday on that portion of the
structure. Forms are being placed In
position for the piers and steel uprights
and girders are being delivered on the
ground.
In London the taxlcabs are used by all
classes of people, day and night, at the uni
form rate of 16 cents a mile, and they pre
sent a most attractive appearance in choco
late, blue, yellow, red and green hues, with
chauffeurs in th brightest and smartest llv-eriee.
lT
$2.00 25
are returned.
u zi i i
DAILY CITY STATISTICS
Deaths.
MOLE NCI A At 445 North Twenty-second
street, June 29, A. Molencia, a native ot
Oregon, an Infant.
RYAN At 510. Twenty-second street,
June 30, Cora T. Ryan, & native of Illinois,
aged 37 years.
COLLIE At 737 East Couch street, June
29. Mary W. Collie, a native of Pennsyl
vania, aged 41 years.
HENDRY At U East Eighth street,
June 2S. J. A. Hendry, a native of Missis
slppl, aged 2-5 years.
NELSON At Wlllsburg, Or., Jun 25.
Knut Nelson, a native of Norway, aged 60
years,
MANDEL At Good Samaritan Hospital,
June 28. Joe F. Mandel, a native of Ger
many, aged 72 years.
SIMMONS At Med ford. Or., June 27. G.
B. Simmons, a native of Missouri, aged 31
years.
JEMTEGAARD At Kern Park. June 28.
Ole Jemtegaard, a native of Minnesota, aged
26 years.
BEAL At Pillar Rock, Wash.. June 21.
G. S. Beat, a native of England, aged' 43
years.
CRESS At Ogden. Junei 25, "Mollte E.
Cress, a native of Iowa, aged 2S years.
SCHOMP At 130 East Twenty-seventh
street, June 2, R. T. Schomp, a native of
Ohio, aged 67 years.
Births.
FERATI At 4&1 East Twenty-ninth
street, June 21, to the wife of P. EJ. Ferati.
a son.
KEARN At Rose City Sanitarium, June
3, to the wife of J. T. Kearn, a daughter.
GUM BERT At Rose City Sanitarium,
June 26. to the wife of Max Gumbert, a
son.
WOOSTER At Rose City Sanitarium,
June 21, to the wife of W. P. Wooster, a
son.
MERRI WETHER At Rose City Sani
tarium, June 28, to the wife of Edward
Merriwether. a son.
MACQUANIE At 511 Ulay street, June
20, to the wife of W. L. Macquanle, a
daughter.
. LARS EN At 389 Sixth street. June 23.
to the wife of C. L. Larsen, a daughter.
LEM At 245 Alder street. June 18, to
the wife of Lem Lock, a son.
M'MILLEN At University Park. June 7,
to the wife of P. P. M-cMillen, a son.
BEHN At 306 Hancock street, June 26,
to the wife of E. W. Behn. a daughter.
READ At 357 Marguerite avenue, June
80, to the wife of C. C Read, a daughter.
CURTIS At 95 East Twenty-eighth
street. June 29, to the wife of Prank Curtis,
a daughter.
RICH At Rose City Sanitarium, June 30.
to the wife of J. F. Rich, a daughter.
TUTT At lfl-V Endtcott street, June 24.
to the wife of E. O. Tutt, a son.
DUNCAN At 291 Tenth street. July 1, to
the wife of Thomas Duncan, a son.
BOHLMAN At 444 Fifth street. June 6,
to the wife of C. C Bohlman, a son.
PATTON At 1199 Borthwick. June 19, to
the wife of J. C. Patton, daughter and son.
WILSON At 521 Twentieth, June 20, to
the wife of W. A. Wilson, a daughter.
ONE DOZEN QUARTS, $1.75 40
dozen rebate when the bottles are returned.
KNICKERBOCKER At 994 East Twenti
eth, to the wife of Charles Knickerbocker,
a son.
HUGHES At 1505 East Ash, June 26. to
the wife of R. L. Hughes, a daughter.
BARBER At 320 Manhattan, June 26. to
the wife of J. S. Barbe-, a daughter.
SELIGER At 935 East Everett, June 27,
to the wife of J. Seliger. a son.
BEAUMONT At Anabel, June 25, to the
wife of G. X. Berumont, a daughter
Articles of Incorporation.
CLAY S. MORSE. INCORPORATED In
corporators, Clay S. Morse, J. F. Schuster and
Walter H. Evans; capital J 20, 000; business
transfer and storage.
Building permits.
A. R. MBNDENHALL To erect a two
story frame flat on Larrabee street, be
tween Cherry and McMillan; $7000.
GEORGE ROSS To erect a one-story
frame building on East Grant street, be
tween East Thirty-seventh and East Thirty
eighth; 1000.
B. F. DOTY To erect a one-story frame
building on East Thirty-seventh street, be
tween East Grant and East Avon; $1800.
B. F. DOTY To erect a one-story frame
building on East Grant street, between
East Thirty-fourth and Marguerite; $1800.
G. E. WHARTON To erect a one-story
frame building on Fargo street, between
Williams and Rodney; $1800.
JOSEPH MACKIE To erect a one-story
frame building on Garfield avenue, between
Shaver and Mason; $1500.
H. C. MORRIS To erect a one-story
frame building on Kennllworth avenue;
.$1800.
W. S. JACOBSON To erect a one-story
frame building on Falling street, between
East Eighth and East Ninth; $1600.
SARAH BRADY To erect a two-story
frame building on East Ninth street, be
tween Couch and Davis; $2200.
ROBERT SENIG To erect a two-story
frame btillding on Missouri avenue, between
haver and Failing; $2000.
O. F. COOKE To erect a " two-story
frame building on Flint street, near Mont
gomery drive; price $2000.
WHEAT FLAKE CELERY
is highiy appreciated, even by those who are
much prejudiced against all breakfast foods.
While most prepared foods are insipid, Dr.
Price's Food has a distinctive celery flavor, mak
ing it tempting and appetizing. It is not only
enjoyable, but most easily digested. So nutritious
but a small quantity is needed for a sufficient meal.
A pure and harmless food is the food for all classes. 264,'
For a Sane
FOURTH
so CLATSOP BEACH
Via iKe Astoria & Columbia River Railroad
Trains Leave Portland Saturday, 8 A. M., 2:20 P. M.'and 5:30 P. M.
Returning, Leave Seaside, Saturday 7:15 A. M., 4:50 P. M. Sunday
7:15 A. M., 4:50 P. M.. 6:30 P. M.
Round Trip Tickets good going Satur
day or Sunday, returning until Monday
Good Six Months - - - -Five
Ride Commutation Ticket
Ticket Offices : Third and Morrison Streets. Union Depot
the
PHONE MAIN 49
OR,
A 1149
MRS. W. COOK To erect a two-story
frame building on Fifth, between College
and Hall; $1000.
JAMES MORGAN To erect a one-story
frame building on Goodsell street, between
East Pine and East Stark; $1500.
E. W. CRIGHTON To erect a two-story
frame building on Wasco street, between
East Sixteenth and East Seenteenth; $4000.
H. LEA To erect a one-story frame
building on Alblna avenue, between Blan
dena and Prescott; $1200.
S. W. SMITH AND F. W. LEOBETTER
To alter and repair a two-story frame house
at Twelfth and Morrison; $10,0iJ.
ALICE M. CASE To erect a two-story
frame building on Hall street, between
Fourteenth and Fifteenth; $1700.
DAVID PENN To erect two-story framo
on Lovejoy, between Twenty-first and
Twenty-second; $2800.
S. P. & S. RY. To erect two-story frame
warehouse on Willamette River, between
Raleigh and Thurman; $100,0o00.
.J. B. SPRINGER To erect one-story
frame on East Thirty-ninth, corner Frank
lin; $1700.
FRED M. GAVIN To erect two-story
frame on East Yamhill, between Eaal
Twenty-fifth and East Twenty-sixth; $2000.
Marriage License.
JEANS-LINDLEY William S. Jeans. 24,
St. John; Mary Myrtle Llndley, 10, city.
RYSER-STRAUSS George G. Ryser, 26,
city; Emma Strauss, 25, city.
MOORE-SUMMERFIELD R. S. Moore, 29.
Parkersburg, V. Va.; Ella E. Summerfield,
21, city.
GREEN-SEABROOKD Floyd S. Green, 31,
city; Mary S. Seabrooke. 27. city.
CHRISTENSON-POMEROY Fred Chrle
Chrlstensen. 2. city; Pearl Pomeroy, 21, city.
CADY-CRAVE Alonzo B. Cady, 33, city ;
Cordelia M. Crave, 21, city.
NORRIR-KEETH Charles A. Norris, 30.
Barton; Ida B. Keeth, 23. city.
HEYTVOOD-THOMAS Charles F. Hey
wood. 42. city; Rose Lena Thomas, 36. city.
CARNEY-GADE John P. Carney, over 21,
city; LiOuiee Gade, 20, ctiy.
Wedding and visiting carda W. G. Smith
Co.. Washington bid.. 4th and Wash.
$3.00
- $4.00
$15.00