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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 4, 1908)
14 THE MORNING OREGOXIAXi SATURDAY, JXJLT 4, 190S. DELIBERATES it was not necessary for the Government to offer testimony corroborating his state ments; that the affidavit of Kribs, made In January, 1905, was not to be accepted as proof or aa substantive evidence re garding the subsequent agreement be tween Booth and Kribs: that the failure of the defendant- to take the stand or to call any witnesses In his behalf was not to be considered against him. '5 E T TOWARD DISEASE OREGON APATHY on BOOTH I' Retires Before 6 o'clock and No Agreement Reached at Late Hour. LOOKS LIKE DISAGREEMENT Entire Day Taken Up by Eloquent Appeals of Malarkey, for De fense, and Becker, for Govern ment Court's Instructions. XO VERDICT AT MIDNIGHT. At midnight the Jury In the James Henry Booth bribery esse had not agreed on a verdict. In view of the fact that the Jury haa been out for over six hours. It Is expected that a disagreement will be reported. In that event. It is the Intention of the Government to retry the case as soon as Judge Becker returns from San Francisco. At 10:0 P. M. the Jury came Into court and at the request of Foreman Allen, who explained that no verdict bad been reached. Judge Wolverton re-read his Instructions In full. The Jury then retired for further delib eration. The case of the United States against James Henry Booth. ex-Receiver of the Roseburg .Land Office, charged with ac cepting unlawful compensation while a Government official, was submitted to the Jury In the Federal Court at 5:40 P. M. yesterday. The entire day was taken up by the earnest and eloquent closing al dresses of Dan. J. Malarkey, of counsel for the defendant, and Judge Tracy C. Becker, for the Government. During Mr. iMalarkey's address and while he was making an intensely fervent appeal for the acquittal of his client, tears trickled down his cheeks and several members of the Jury were affected visibly. The in structions by Judge Wolverton to the Jury occupied 50 minutes for their de livery. , The address by Mr. Malarkey was an earnest and vigorous one. Including a careful analysis of the testimony that had been presented by the prosecution and a request that Justice be done the defend ant, against whom It was insisted the Government had failed to establish a case. Mr. Malarkey repeatedly charged that the prosecution had failed to present sufficient evidence on which a verdict of guilty could be based and challenged the Gov ernment's representatives to point wherein their testimony supported the charge in the indictment. Declares Contest Unequal. Mr. Malarkey prefaced his address by remarking that the contest represented In the case on trial was an unequal one, charging that the Government and its en tire machinery had united to bring about the conviction of the defendant. Booth, against whom no substantial evidence had been offered. The methods of the Government through its Special Agents In acquiring evidence and "spying:' Jurors and witnesses was censured severely, while Frederick A. Kribs, the star witness for the Govern ment.' was flayed unmercifully. Kribs was characterized as the "penitent re formed sinner and looter of Oregon's pub lic land for the benefit of Minnesota mil lionaires. Counsel followed by saving that the Government had proved kribs a criminal and a liar and a polluter of civic virtue. "Yet this man escapes pun ishment." said Mr. Malarkey. "and it seems to be the theory of the Government that his victim must be punished. More evidence has been offered in this case to convict Kribs of subornation of perjury than has been presented . to convict Booth.' Becker's Address to Jury. Judge Becker resented the remarks of Mr. Malarkey. who had referred to him as the "gentleman from New York" when pointing out that the Government was able to bring men from all sections of the country to assist in prosecuting men asalnst whom indictments had been re turned. Judge Becker declared that the only interest the Government officials had In the situation in this state was to assist In purifying the administration of its affairs, "even if It became necessary to drive grafting officials out of office and into the penitentiary." The Government prosecutor reviewed the testimony step by step and averred that the prosecution had clearly estab lished the allegations set out in the In dictment. He charged that the talk of the S00-check having been paid for an option, which had been sprung by the defense, was a trumped-up story without foundation of fact. He declared that the defendant. Booth, did nothing more to wards, securing the alleged option, for Kribs than any man Interested in the property to be sold would have done, while, he salii. the correspondence that had been offered by the defense showed that the transaction rel&tlng to the op tion was conducted almost entirely be tween the defendant's brother, R. A. Booth, and Kribs. In conclusion Judge Becker quoted the celebrated declaration of the late ex Tresident Grover Cleveland "a public office is a public trust" and urged the Jury to weigh the testimony carefully and to render a verdict that would em phasise a popular demand for cleaner and better administration of public af fairs. Judge Wolverton's Instructions. In his instructions to the Jury. Judge "Wolverton described at considerable length the method of acquiring lieu land selections. He also referred to the stat ute under which the Indictment was drawn against Booth and aaid that be fore a verrilct of guilty could be returned the Jury must be satisfied beyond a rea sonable doubt, which was defined, that the defendant furnished Kribs informa tion regarding the final cancellation of land selections and which had been in troduced in the case by the prosecution. The Jury was further Instructed that it was to coiislder the testimony of ex Register J. T. Bridges, detailing an al leged unlawful agreement made by Brkiges and Booth with Kribs. only as allowing the 'conditions surrounding the parties and their relations and as lead ing up possibly to the alleged subsequent agreement that was reached between Booth and Kribs. Some of the instruc tions were: If any part of the tSOO was paid to Booth In payment for his unlaw ful services, a verdict of guilty must be returned; It was immaterial whether the performance of the alleged agreement between Booth and Krths resulted in an Injury to the United States; Kribs. not being an accomplice to the defendant. TAKE UP ANOTHER LAND CASE Booth Conspiracy Trial Is Se for July 10. Tha trial of what Is known as the Booth "conspiracy case" will be the next of the Heney land-fraud cases to be tried before Judge Wolverton. It has been set for Thursday. July 16. -In this indictment, which was returned April 8. 1905. ex State Senator R. A. Booth and his brother, James Henry Booth." and T. E. Singleton are charged with a conspiracy to defiaud the Government of public lands through the alleged use of false af fidavits and proofs of homestead entry and settlement procured by an entrynjan named 1. Thomas Agee. of Mapleton, Or. The early trial of ex-Senator Booth and his co-defendants was arranged yester day, after a conference between Judge Becker and T.B. Neuhausen, represent ing the Government, and Judge Webster and Dan J. Malarkey. of counsel for the men under Indictment- Judge Webster announced that his clients were desirous of having an early trial. After the Booth bribery case was closed yesterday. Judge Becker left for San Francisco, where ne probably will consult with' Francis J. Heuey regarding the future conduct of the land-fraud cases. Judge Becker ex pects to return in time to take up the next case promptly on July 16. Judge Webster has also had set for the same day the argument of a motion to set' aside the Indictment as to his client. Rufus S. Moore, in the indictment of Feb ruary 8. 1905. and In which the other de fendants are: Henry Meldrum, George E. Waggoner and David W. Kinnalrd. The four are charged with conspiracy to T j fliwwjMtMMWsiiyis t j f - - ! it W TV: 3fc$f wt jy "J; its it Dr. Y. H. Byrd, Elected President Medical Association. ' defraud the United States by means of false and fraudulent surveying contracts covering tracts of land in Harney County. The fraudulent surveys, it is alleged in the indictment, were made in April. 1902. and netted the conspirators about $3745.85. Mr. Moore is a brother of ex-State Treas urer C. S. Moore. Meldrum is serving a sentence at McNeil's Island for convic tion under a similar charge. Kinnaird Is a surveyor and has resided at Oregon City for a number of years. Dates were not set for any of the other so-called land-fraud cases that are await ing trial. E HELP PORTLAND POSTMASTER GIVEN 13 NEW CLERKS. Addition to Force Based on Large : : Increase. In Stamp Sales I.;..-., for Year.' . OREGONIAN NEWS BUREAU. Wash ington. July 3. The Postoltice Depart ment today authorized the immediate ap pointment of 13 additional letks In the Portland postofflee. Also one each in Salem. Marshfield, -Medford and The Dalles. - - ." Last April Postmaster Mlnto notified the Postmaster-General at Washington that the stamp sales at the Portland postofflee for the year ending March 31. 190S, exceeded J650.000. On this showing Mr. Minto made application for the ap pointment of 13 additional clerks, that the tremendous increase in business at the' office might be better served. The clerks whose appointment has been au thorized will be selected from the civil service eligible list immediately and as signed to the different departments. The next step proposed by Postmaster Mlnto for further Improving the postal service in this city Is another sub-station, to be located in the southern part of the city. By establishing such an of fice the badly congested condition at the main office in the Federal building would be relieved. I i p " - . r r -jr i r " r i n i 11 n j c 1 1 i i i i j mi im ji. m j ' u. ' " 11 . L Mills Indicts Public for Neglecting Fight Against . ; Tuberculosis. REVIEWS WORK ELSEWHERE Other" Interesting Addresses at Pub lic Session of. State Doctors Of ficers Elected and Seattle Is Chosen for Next Meeting. Including a fearful indictment against Portland and Oregon for Inhu manity" A. L. Mills, president of the First National Bank, delivered an ad dress at the public session of the Ore gon State Medical Association at the First Prebyterian Church yesterday af ternoon, which is causing no end of discussion, not only among members of the medical profession, but also among the laymen who heard it. The topic of Mr. Mills' address was "What the Public Can Do in the Fight Against Tuberculosis." He reviewed what the people of other cities and oth er states are doing, and then referred to Portland and to Oregon. He severe ly denounced the action of the State Legislature of 1907 in refusing to ap propriate money for the aid of" tuber culous patients. Mr. Mills was a member of that Legislature. "Portland, the beautiful Rose City, what of aid and hope and cheer does it give to the Indigent consumptive within its gates?" Ke asked. "My friends, should this question be asked you, drop your heads and falter out the cruel, shameful truth that in all Portland there is not a place where a penniless woman wasting away from consumption into the shadows of death can find a room in which to lie down and die. No Provision for Victims. . "Nay, more. Acknowledge that within the city there is not one nurse, specially trained for tuberculosis work, to go about among the consumptive poor, giving aid and comfort and guid ance to the afflicted ones." However. Mr. Mills expressed the be lief that the plea of ignorance of ex isting conditions should mitigate the severity of the judgment that should be passed. But he offered no excuse for the lawmakers of the state, whom he scored mercilessly. He told of what is being done by other states to aid the victims of the great white plague. "And does Oregon take rank In this work?" he continued. "Is our state caring for the homeless, friendless and penniless consumptive within its bor ders? Does it protect you and your families against the plague-smitten sufferer in your midst? Surely, when Oregon appropriates money to protect the fish in the streams and the beasts in the forests, it does not hesitate to expend of Its resources to protect you against the most deadly of diseases!. "Shame upon us. shame upon the good name of Oregon. The state has yet to appropriate the first dollar in aid of this great work. Public Alive to Peril. Outside, of Oregon, Mr. Mills said, the greater part" of the civilized world is awake to the necessity for combined and unremitting effort to check the further progress of consumption; In every other place, he said, public in difference to the peril, the outgrowth of crass ignorance and selfishness, has ceased. Tlie meeting was the last session of the 84th annual convention of the Oregon State Medical Association, and a public one. Many physicians at tended and a large number of those not members of the profession. They were chiefly women. A special pro gramme followed, designed to In terest and Instruct the public. Others, besides Mr. Mills, who spoke were Dr. W. T. Williamson, of Port land, and Dr. E. E. Heg. State Health Officer, of Washington. Dr. William son spoke on "The Common Ground of the Medical Profession and the Public in Public Health Matters," and Dr. Heg on "Municipal Sanitation and Its Effects In Communicable Disease." Women are ten times more intellec tual than men at the present time, or rather there are ten intellectual wo men to one intellectual man, according to the theory of Dr. K. w. Van Dyke, of Grants Pass. Dr. Van Dyke read a highly Interesting paper at the open ing session yesterday morning, which was, perhaps, of more general interest to the public than any other paper during the convention. Women to Supersede Men. The subject of his paper was. "Three Reasons Why Men Grow Old," and he advanced some startling ideas. He prophesied that unless a halt was called upon the business rush of the present day, men would retrograde and women would take their places and rule. "The natural relation of the sexes Is being rapidly reversed," he de DESIGN FOR BOARD OF EDICATIOS -APPROVES A. Wrvlt v The M Closed AM D clared, "and women are assuming con trol of things that belong to men. Still, the masculine element seems to be satisfied. Women manage and or ganize - advancement. Shakespeare, town improvement, literary and mu sical clubs. Our successful business men conduct clubs where tobacco smoking, billiards and drinks are the chief intellectual pleasures. If the wo men are to rule the destinies of our country and rule them they will if the present condition of affairs continues what will be the ultimate result? His tory records no Instance of a great na tion with its women at the helm and the males relegated to the rear by their own Ignorance. "It Is a trite saying that intelligence has always ruled the world. True, there have, been apparent lapses in places, but the rule holds good. Is there any reason to believe that our dear America will prove the exception and Its future be turned over to a lot of uneducated men and the women sit idly by?" The discussion, of Dr. Van Dyke's paper was opened" by Dr. W. J. May, of Baker City. Other speakers during the forenoon session were Dr. E. O. Jones, of Seattle; Dr. E. J. Labbe, Portland; Dr. Frank J. Sladen. Balti more: Dr. George W. Crile, Cleveland, and Dr. George F. Wilson. Portland. On motion of Dr. A. C. Smith the session continued uninterruptedly until 2 o'clock in the afternoon, when the pub lic session in the First Presbyterian church was held. Annual Election Held. The annual election of officers, sched uled to have taken place on Thursday, was held yesterday, and as a result the following wrill serve the association during the coming year: . President, Dr. W. H. Byrd. Salem; first vice-president. Dr. W. F. Kuyken dall, Eugene; second vice-president. Dr. C. S. White. Portland: third vice-president. Dr. R. C. Yenney, Portland; sec retary. Dr. William House, re-elected, Portland: treasurer. Dr. Edna Timms, re-elected, Portland; councillors. Dr. W. T. Williamson. Portland, and Dr. S. T. Linklater. Hillsboro, both re-elected. It was decided to hold the next an nual meeting of the association at Se attle during the Alaska-Pacific-Yukon Exposition. By a unanimous vote vis iting .physicians and surgeons who con tributed papers and participated in the discussions were extended the thanks of the association. It was conceded on all sides that the meeting was the most successful and most largely at tended that has been held by the as sociation. JULY EXCURSIONS. On July 6. 7, 22 and 23 the Car nadlan 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. Additional Sleeper to Chicago. On Monday morning. July i. the Chi cago A Northwestern Line will have an additional through sleeping car, Portland to Chicago. For reservations Inquire of R. V. Holder, general agent, 122-B Third street. HIGH SCHOOL TO BE ERECTED PLAXS FOR 25O.00O BUILDING SUBMITTED BY WHITEHOISE HOX "The Day We C eier PLANS FDFi HIGH SCHOOL BOARD ADOPTS DESIGN BY WHITEHOISE & HONE YM AN. Cost of New Building In Albina Will Be Met With $250,000 Bond Issue. After three days of continuous work in examining 11 plans, submitted by architects for the new High school to. be erected in Albina. the Board of Edu cation yesterday morning adopted the plans furnished by Whltehouse & Honey-ma n. School Architect T. J. Jones received the second prize of $500: Ka tie & Kable received the third prize of 8300, and McNaughton, (Raymond & Lawrence received the fourth prize of 200. There was much merit In all plans exhibited, but some were too elaborate and others severely plain, leaving the members of the board and Architect W. M. Summerville. of Se attle, acting as judge, to select what is believed to be a medium design. The bond issue, ordered to cover the expense of the new High school is J250.000, and it was necessary to con fine the plans to a structure to be built within that limit, or nearly so. To select such a design from the num ber submitted was a difficult task, but the members of the Board of Educa tion feel that they have taken the best plan of them all. everything being fairly and fully considered. The build ing will probably be of brick and terra cotta finish outside, although this is one of the details yet to be determined upon. k The building will be three stories and basement, and one of the principal features is the large amount of natural light that will be provided under the plan adopted. Ventilation is also a large factor in the structure. When completed, the building will easily accommodate 1200 pupils, and City Superintendent Rigler states that 1500 could be housed with comfort. It is hoped the construction will be com pleted by the . opening of the Septem ber term. 1909, but If the entire build ing is not ready, - it is probable the basement will be used for that term. A staff of about 10 teachers will be re quired for the first term, it is esti mated. There will be 30 class-rooms. 13 on the ground floor. The basement will be equipped with kitchen and dining room, manual training department, physical laboratory and other neces sary rooms. The assembly-room will be on the ground floor. It will have a total seating capacity of 1350 people. The third floor will contain depart mental laboratories, drawing-rooms and literary society quarters. Fire es capes will be placed wherever needed. There will be five ground-floor exits. To Withdraw Part of Interest. Dan McAllen has petitioned the County Court to permit him to draw a IN ALBINA :wwrj'-y.:.v.- - E 1MAX. uuepeureEi;e way eieprate Frank Store ay ana iwenm; part of his interest in the partnerehlp" estate of McAllen & McDonnell. He says that this Is necessary for the proper support of his family. He says that as he has been connected with the store for. years, he does not wish to resign as administrator. The mer chandise, book accounts and fixtures of the estate, exclusive of the real estate, are worth $75,000. Mr. McAllen says that the liabilities will not run over $20,000. SUES 0. R. & N. COMPANY Working as Deckhand, Kinar Hal vorsen Injures His Foot. EInar Halvorsen caught his foot in the electric elevator of the O. R. & X. Com pany, at the Albina dock, while he was working as a deck hand unloading the steamer Hasalo. As a result he has brought suit in the Circuit Court against the O. R. & X. to recover $20,500. He says that the accident was the fault of the company in permitting the jumper to the elevator, which as near as can be de scribed is after treadmill order, to be come wet and slippery. He says also that ropes were stretched in a manner to im pede the work of the stevedores, and that the employe in charge did not reverse the current and stop the lifter. Halvorsen pays he will be a cripple for life, and that he has expended $500 for medical attendance. The accident occurred De cember 1, 1907. Ellis Again Sues for Divorce. The name of Goldle R. Ellis, the 17-year-old bride. Is again in the lime light of the courts. Attorney Joseph T. Sills, unsuccessful In his former at tempt to obtain a divorce, has filed a second suit in the Circuit Court." The complaint, filed yesterday afternoon, alleges that, after living with him a year, his wife went to Oregon City and was married to Charles V. Beede. The ceremony took place, saye. Kills, on December 4. 1907, and they lived together until January 1 of this year. Mrs. Kills Is said to have filed a suit for divorce in San Bernardino, Cal., charging that she did not marry Ellis of her own volition. Loses Ground, Suit Dismissed. The suit of Thomas Darling, alleging fraud on the part of S. A. Miles, was dismissed by Judge O'Day, in the Cir cuit Court yesterday afternoon, because there -was not ground for" a complaint. Darling sued to recover $400 because 15 feet on one side of two lots. Pleasant View Addition, had been cut off to widen Hawthorne avenue; It being alleged that Miles deceived him as to the size of the ground. To Lewiston Without Change. The O. R. & N. all-rail Riparia-Lew-iston line will commence daily opera tion Monday. July 6. This service in cludes a through Pullman car, leaving Portland, at 8:15 P. M.. arriving at Lewlston the following morning at 9 o'clock. Returning leave Lewiston 7 P. M-. arrive Portland 8 A. M. the fol lowing morning. 99 WIVES SET FREE TALES OP SELFISH, Dill." NKEX HUSBANDS TOLD JUDGE Nine Decrees Are Granted, Only Two of Which Go to Husbands on Grounds of Desertion. Xtee divorces were granted by Judge Bronaugh in the Circuit Court yesterday morning. Seven of these went to com plaining wives, and only two to husbands. Drunkenness, cruelty and desertion were the charges made, the last belr most frequent. Two more decrees were to have been granted, but Judge Bronaugh with held one because the attorney for the wife wanted to amend the complaint after the testimony had been taken, in the other case the parties to the suit did not appear. Edith Hulit testified that L. V. Hulit was married twice before he met her. but that she did not find it out until after the weddins. which took place July 10, 190, at Vancouver, Wash. She said she then took Hulit's 8-year-cId girl, who had been living with the child's grandparents, and tried to be a mother to her. She said she knew him for seven months before her marriage, and that he afterward lived with her less than a year, deserting her; April 10. 1907. Mrs. Hulit was granted a divorce. Champion Mean Man. That Gregory E. Snyder took the food from his daughter's plate at the supper table, leaving the child to go to bed hungry, was the assertion made by Ber tha Snyder, who obtained a divorce, with $50 a month alimony. He manifested his lack of affection one day by quarreling with his wife over the location of a win dow in a new huse they were building, and knocking her down when she differed with him. He then left, saying he waa going to Alaska. The desertion took place October 1 last. Deserts Bride When She Is III. Aimee Gleason said that her husband lived with her only a month, desertinjg her. when she was confined at St. Vin cent's Hospital. She was then taken to the County Hospital, she said, and was there a year and three months. The last heard from her husband he was in Mem phis, Tenn. ' r ' She was granted a decree and was permitted to resume her maiden name, Aimee Ma Loir. They were married at Vancouver, Wash., September 28, 190. That his wife wrote him a letter, say ing that she did not intend to return to him, that she had found a handsomer man, was the testimony of John W. Tool. He said that Etta D. Tool left him the day after the Fourth of July, in 1905. They were married at Ontario, Malheur County, July 10, 169S. The husband was given a divorce and the custody of the 7-year-old child. Would Not Support Her. As her husband. Benjamin F. Dennis, would not support his wife, she was com pelled to work as a cook on a ranch In California, and is now employed at the A. B. C. restaurant. At least this was the testimony of Julia Dennis, the wife yesterday morning. She said that for about two years before she left her hus- N band, in June, 190fi. he was almost con tinually drunk. They wore married at Sacramento, Cal.. April 16. 1803. The di vorce was granted. After bearing with her husband's shift lessness from thi time of their marriage, at Grand Rapids. Wis.. October 2. 18S4, Charlotte Tempest obtained a divorce from Charles Edward Tempest yesterday morning. She said that he deserted her twice when she was sick, once nine years ago in the Eaet, and four years ago. Ha is now living with his married son. In Lents. Mrs. Temp?st said that the last time he left was in March, last year. Twice deserted by Emma E. Cutberth, W. G. Cutberth secured a divorce yes terday. He waa given the custody of his child. Gladys. The first marriage oc curred in March. 1903, at San Francisco, and the last in 1906. The wife Is now in San Francisco. Other divorces granted were: Barbara Greene from Harry G. Greener desertion, married January 11. lfsi; Lizzie B. Car . son from J. G. Carbon, cruelty: married San Francisco. December 2f, 19. This Decree Withheld. The suit of May Bettls against C. W. Bettis. on ground of desertion, was tried and the decree withheld. They were mar ried at Walla Walla. April 9. 1901. The case of George Turner against Belle Tur ner went over until next week. Lou Ellen Cornell alleges in a suit for divorce, filed In the Circuit Court yesterday, that she was compelled to take In sewing In order to prevent the foreclosure of a mortgage on her home, at 802 East Yamhill street, and to support her two children, aged IS and 12 years. She says her husband