Morning Oregonian., July 28, 1908, Page 10, Image 10

10
THE MOKXTXG OREGONIAN, TUESDAY, JULY 28, 1908.
TESTIMONY AIDS
THE DEFENDANTS
Government Witnesses Say
That Agee Acted in Good
Faith in Booth Deal.
' LAND-FRAUD CASE DRAGS
Evidence In Booth-Singleton Trial
Introduced by Government Goes
Over Ground Covered by
Prosecution's Star Witness.
Three witnesses for the Government
Charles Stearns, Owen Atterbury and
Samuel Brltt yesterday testified in the
Booth-Singleton conspiracy case that I.
Thomas Aree had acted in good faith
lr the settlement, residence and cultiva
tion of his homestead in the Cascade
Torest Reserve. It was this land Agee
subsequently exchanged for lieu land
which he sold to the Booth-Kelly Lumber
Company for BOO. The prosecution was
not surprised at the testimony of this
trio of witnesses, which was said to be
friendly to the defense, and was satis
fied when all three agreed that Agee first
located on the land in the late Fall of
1892. In his final proof papers, June of
that year is given as the time of settling
or the claim. The witnesses also agreed
hat Agee abandoned the land in the
Spring of 1S96.
On these facts the Government expects
to show that even accepting those dates,
Agee lacked 18 months of having resided
the required five years necessary to earn
title to the land. It will also be con
tended by the prosecution that even had
Agee completed a statutory residence, on
the land he was prevented under the
law from contracting to exchange the
homestead for lieu land in order to sell
it to anybody. It is proposed to present
testimony in support of the Government's
charge that Agee entered into such an
advance agreement by which the lieu
land was to be conveyed to the lumber
company.
Stearns Is Principal Witness.
The principal witness yesterday was
Charles Stearns, who was brought to Port
land as a Government witness from Mlll
vllle, Shasta County, California. It was
Stearns that accompanied Agee to Cap's
Illlhee in the Fall of 1892 and filed simul
taneously with Agee on homesteads in
that locality. The testimony of Stearns
differed from that of Agee, the Govern
ment's star witness, in that he said they
laid the foundation and built their cabins
during the Winter of 1892, while Agee de
clared the cabins were not constructed
until the Spring or Summer of 1883.
The witness admitted mat. during the
year 1S94 Agee had charge of a farm near
Oak Creek, but the management of the
place was left to his partner part of the
time, so that Agee was able to spead con
siderable time on his claim at intervals
no longer than a month apart.
On cross-examination by Mr. Malarkey,
Stearns said neither he nor Agee had any
Intention of defrauding the Government;
that they had been informed by Owen
Atterbury of the desirable grazing lands
at Cap's IUlbee and had settled there for
the purpose of acquiring possession of 160
acres each. He said that It was mutu
ally agreed between himself and Agee,
they being partners in handling stock on
the two claims, that Agee should spend
as much of the time as possible in the
valley earning money with which to pur
chase supplies and tools to enable them
to live up to the requirements of the law
regarding the cultivation of the land.
Owen Atterbury. of Winchester, and
Samuel Brltt, of Oak Creek, testified that
they had vtBlted the Agee and Stearns
claims at different times between 1892 and
1S96 and had found evidences of habita
tion and cultivation of the land. Brltt
said Agee had told him prior to 1896 that
he proposed to effect sume exchange of
his homestead for other land, feeling
that he had done too much hard work on
the land to lose it all.
John C. Murray, a timber cruiser, testi
fied that he had cruised the quarter
section of timber land deeded by Agee to
the Booth-Kelly firm for the Government.
He said the tract included 11.700.000 feet
of merchantable firm timber of fair qual
ity, and 600 good piling.
' Facts Material to Defense.
Several facts material to the defense
of Robert A. Booth were brought out In
the cross-examination of George H. Kelly,
secretary-treasurer and manager of the
Booth-Kelly Lumber Company at the
morning session. Mr. Kelly had been
called as a witness for the Government
to prove the existence of the lumber
corporation and identified the checks and
drafts that were employed In connection
with the purchase of the Agee land and
also a check for 930 that the company
paid Dr. B. F. Russell for relinquishing
the land on which Agee filed subsequently.
Mr. Kelly testified concerning the visit of
Agee to the offices of the Booth-Kelly
concern In February, 1904. when the Gov
ernment contends the deed to the lieu
land selected by Ages was delivered to
Robert A. Booth as president and man
ager of the company.
The witness testified that he was in
the office ot Robert A. Booth when Agee
called and was ushered In by one of the
clerks. Mr. Booth inquired of the visitor
who he was and in answer to a further
question as to his business, Agee said he
had brought the deed to the land. Mr.
Kelly further testified that Mr. Booth
remarked that Agee should see John
Kelly, the company's land agent, who
transacted all such business for the com
pany. Apee replied that he did not know
Kelly whereupon Booth took him to
Kelly's office in the same building and
introduced him to the latter.
Mr. Kelly also testified that Robert A.
Booth was not an officer of the company
at the time of Agee's visit or for some
time prior thereto and submitted copies
of telegrams to show that Booth was
either in San Francisco or en route to
that city between February 26 and the
first week In March, 1904, when the Gov
ernment, by its witness Agee, presented
testimony to the effect that Booth was in
Roseburg during that period for the pur
pose of paying to the land office officials
the necessary fees required in connec
tion with the exchange of Agee's home
stead for the lieu land.
Booth-Kelly Partnership.
Mr. Kelly further admitted that of
the four men who originally organized
a partnership In 186 Robert A. and
James Henry Booth and John and
George H. Kelly he was the only one
now interested in the corporation. He
said the bulk of the stock was held by
non-residents of the state, and that
Robert A. Booth had not been con
nected with the company for the last
two years and for the jear preceding;
that time had only a slight interest in
the business.
On re-direct examination, Mr. Becker
learned that the capital stock of the
original partnership was JSO.OOf). each
of the four men Interested havlna; an
equal Interest in the business. When
tfee bualnaM was marled, l&socBoraty
form as the Booth-Kelly Lumber Com
pany, in 1898, the capital stock was
Increased to $300,000, Since then the
capital stock haB been increased to
12,000.000. Mr. Becker asked the wit
ness if it was not a fact that James
Henry Booth, in the year 1904, disposed
of his interest in the business for
$140,000, but aside from admitting that
Mr. Booth did sell his stock about that
time. Mr. Kelly said he had no knowl
edge of what Booth received.
FIGHTS FOR HIS LiKASE
Perlnger Brings Equity Suit to Save
His Crops.
Ta-mo-sin and William Hall, Indians,
and Arthur E. McFattridge, superintend
ent and special distributing agent of the
Umatilla Indian Reservation, were yes
terday made defendants in an equity suit,
filed in the United States Court by Roy V.
Peringer. Plaintiff , represents that in
1906 he entered into a written lease with
the defendants whereby he secured the
right to farm 160 acres of land allotted
to the defendants in Umatilla County
for a consideration of $150 a year rental.
He says that under the authority of the
lease he proceeded to the cultivation of
the land and planted a crop of grain
which is valued at $3000. Recently the
Department of the Interior refused to ap
prove the lease, according to the com
plaint, on the grounds that Peringer was
not acting in good faith in that he was
cultivating the land for his brother and
not for himself. Peringer denies the
charge and asks thatthe defendants be
required to live up to. the terms of the
contract. He wants a receiver appoint
ed to take charge of the property and
proceed with harvesting the crop, which
has matured and should be attended to
promptly.
Pleading Time Extended.
At the request of District Attorney
McCourt, United States Judge Wolverton
has extended to September 7 the time in
which defendants may plead in the pend
ing suits of the Government against
Frederick A. Kribs, C. A. Smith and
others. August 1 was the time origi
nally set for the appearance of these de
fendants. It is in these suits that the
United States seeks to recover possession
of about 20.000 acres of valuable tim
ber lands in the Willamette Valley, al
leged to have been acquired unlawfully
by Krlbs and Smith and their assocla
ates. In response to the further request
of the District Attorney, Judge Wolver
ton directed the clerk of the court to
Issue warning orders to be served on all
defendants in these cases residing, out
side of the state and requiring them to
answer the summons within 60 days after
they have been served.
Bankruptcy Proceedings.
Flelschner. Mayer & Co., Roberts
Bros, and Krausse Bros, yesterday Joined
in a petition to United States Judge Wol
verton requesting that Obdie & Beyrouty,
general merchandise dealers of this city,
be declared involuntary bankrupts. The
petitioners recite that the embarrassed
firm owes them debts aggregating $608.67.
Henry R. Bevier. a mechanical engineer
of North Bend, Coos County, yesterday
filed a petition of bankruptcy in the
United States Court. He sets his liabil
ities at $2972. with assets, including a
$2000 life Insurance policy, at $2410.
"Owl Monkey" Is Given
to City Park Zoo '
New Variety of Tropical Simian la
Added to the Long; Mat of Peculiar
Anlmala oa Exhibition In Thla
City.
PROBABLY the most peculiar speci
men of monkey ever seen In the
"soo" or city park has been recently
secured by Special Trainer Herman.
This latest acquisition is a freak even
to les own species, which is of the owl
monkey family. It differs from this
peculiar family in the formation of Its
feet. The front or upper feet or hands
(for they might be called either) are
shaped like those of an ordinary mon
key, but on each toe a large bird-like
claw protrudes.
The hind feet are webbed like those
of a mink or duck, but have the usual
number of toes. The little fellow was
presented to Mr. Herman by the offi
cers of the steamship Nicomedla, of the
Portland-Asiatic Steamship Company.
They secured him from some of the
Formosan natives in exchange for
trinkets. Unlike other monkeys, this
one does his playing at night, when the
rest of his self-respecting monkey
neighbors have retired. This nocturnal
habit is what earns the name of owl
monkeys. They shun light of any kind,
but as soon as darkness sets in they
come forth in their native wilds, mak
ing the night hideous with their
screeching.
They subsist chiefly on fruit and nuts
and live to a very old age.
A new method by which the audience at
a theater can show its approval or disap
proval of a play without disturbing- the per
formance la being introduced by the Italian
dramatist, Traversi. Bfor leaving- the
theater every person is to drop a ticket into
one of three boxes marked "good," "Indif
ferent" and "bad."
1 5
WakMUbti
4
REPUBLICAN PARTY LEADERS AT RECENT WESTERN CONFERENCE.
1, J. F. Vivian, Colorado; 2, Senator Warren, Wyoming; 3. Senator Borah. Idaho: 4, Victor Rosewater, Omaha, Neb.; 5, Solomon Luna, New
Mexico: $, J. H. Brady, Idaho; 7, Cecil Lyon.'Texas; C. M. Cadi. Oklahoma; 9 R. E. Williams, Oregon; 10, Judge W. M. Cake, Oregon; 11, James
Kennedy, Xorth Dakota; 12, Frank H. Hitchcock. Massachusetts; IS, George Stone, California; 14, D. W. Mulvane. Kansas.
UJlllt.Hj ,UUtLlii ,. IIIIUHMM li Jl
E IS SLATED
FOR RETIREMENT
Effort Will Be Made to Force
Republican State Chair
man to Resign.
FOR HARMONY OF PARTY
Iacks Confidence of Fulton-Taft
Forces, It Is Said, and National
Committee Will Not Help
Oregon if He Remains.
If W. M. Cake does not resign an
chairman of the Republican State Cen
tral Committee before that committee
meets in September an effort will be
made to remove him. Prior to the re
cent conference of Republican leaders
of the "Western States at Colorado
Springs the members of the committee
had resolved to put up with Cake and
make the most of what they recog
nized was an embarrassing situation.
But it was indicated emphatically and
in" a number of ways at the "get-together"
meeting, called . by National
Chairman Hitchcock, that Cake did cot
have the confidence of Taft's mana
gers and friends, and for that reason
the Fulton-Taft forces say it is imper
ative that he step aside and permit
somebody else to succeed to the head
of the organization, in the interest of
harmony and the success of the ticket.
Chairman Cake's position at the
Hitchcock conference was an uncom
fortable one. He was asked repeatedly
by Republican leaders from the other
states represented to explain Statement
No. 1. Another pertinent question fired
at him Just as frequently was how it
was that under such a system a Demo
crat should be elected Senator by popu
lar vote in a state wfth a Republican
majority of 40,000. It was insisted that
he Justify his position as chairman of
the Republican State Central Commit
tee in pledging himself to support the
election of a Democrat to the United
States Senate.
Conditions Are "Peculiar.".
That "peculiar conditions" existed in
Oregon was the only excuse Cake could
venture in response to such questions.
But that did not suffice. Republicans
from Republican states which elect Re
publicans, while agreeing that condi
tions must be "peculiar" to make sue II
a state of affairs possible as was pre
sented in Oregon, concluded that they
would see that no such political con
tagion invaded their respective states.
The result was that Cake occupied the
same position at the conference as the
uninvited guest at the wedding. He
was ignored and snubbed a political
outcast. At no stage in the proceed
ings was he consulted. His very record
as state chairman discredited him for a
further leadership of his party at home
and served as inadequate credentials
when he applied to Chairman Hitch
cock' for campaign funds. Wrhen Cake
asked for money of the National chair,
man he was given unmistakably to un
derstand that the National Committee
not only did not intend to send a dollar
to Oregon for use in the approachlns
campaign, but depended on this state
a strong Republican district to assist
in a financial way the committee in its
work in other states.
Impossible to Get Money. '
With Cake as state chairman, the
Fulton-Taft people say it will be im
possible for them to obtain any money
from the National Committee, or to
raise funds in the state with which to
conduct the campaign. It is this situa
tion that promises to force to an early
adjustment the question of Cake's fur
ther retention of the chairmanship.' It
is known that Ralph E. Williams, Na
tional Committeeman for Oregon, has
joined in the demand for. Cake's resig
nation as state chairman. The respon
sibility for the impending campaign
and Its result in this state devolves
largely on Williame, as National Com
mitteeman, and with Cake at the head
of the party organization in the state.
Williams feels that he will be handi
capped seriously. The same feeling is
entertained by the Fulton-Taft people,
who insist that the apparent lukewarm
attitude of the party throughout the
state can be cured only through the
retirement of Cake.
Asks for Client's Freedom.
Charging that his client, Marcel Ade
not, is denied the right to receive a vis
itor or to converse with anybody and
that he is being restrained improperly
of his personal liberty, C. Henri liabbe
yesterday applied to United States Judge
Wolverton for a writ of habeas corpus
for the release of Adenot. It is recited
in the complaint that Adenot was placed
under arrest 'July 14 at the request of
J. H. Barbour. local Immigration In
spector, and has since been held in the
Multnomah County Jail and denied the
right to . see anybody. Attorney Labbe
represents that Adenot arrived in Portland
as a member of the crew of the French
bark Versailles, on November 17, 1907.
and deserted the vessel here. He con
tends that having been regularly admitted
to the United States by the customs au
thorities at Astoria, Adenot is rightfully
in this country and is not included In
the class of aliens excluded under the
immigration act of February 20, 1907.
LEGAL TAllENT FOR ADLER
Man Accused of Blackmail Will
Make Fight for Liberty. .
,That Adolph Adler intends to fight his
case in the Circuit Court to the finish
is evident from the fact that he is in
creasing his legal counsel. He is to be
tried in September for the attempted ex
tortion of $500 from Sig Sichel by means
of threats. A threatening letter was
also written to Ben Selling.
Adler yesterday secured the appoint
ment of Harry Tanckwich as attorney
of record, Jay H. Upton having appeared
for him a few cays ago. . When brought
before Judg Bronaugh last week Adler
thought he would consider himself guilty
if the court would give him a light
sentence, but when the Judge would not
promise this he refused to change his
plea from not guilty.
SUED FOR $040 MEAT BILL
Action Against Dr. J. W. Hill in
State Circuit Court.
A meat bill of $940, contracted in
1906. is the cause of a suit filed in the
Circuit Court yesterday against Dr. J.
W. Hill, of Hill Military Academy. The
nominal plaintiff is C. B. Winters, but
the claim was assigned to him by the
Union Meat Company.
How long the meat bill was allowed
to run before an attempt was made at
collection Is not stated, but Hill is
said to have executed a note for the
amount of the bill on July 2, 1906. It
Is alleged that only $100 has been paid
on this. During the two years that
have elapsed Joo.02 in interest has ac
crued. One hundred dollars attorneys'
fees is to be added to this sum, mak
ing a total of $1095.02, which Dr. Hill
will be obliged to pay should Judgment
in the case go against him.
Deputy Sheriff Sam Wagner served
the summons on Dr. Hill and his wife
last night, the latter having been made
a party to the suit. During the next
ten days Dr. Hill must file his answer
through an attorney, or the case will
go against him by default.
Notes of Probate Court.
H. A. Cornell, D. G. Woodward and
E. M. Miller were appointed by the
County Court yesterday appraisers of
the guardianship estate of Dorothy
Elizabeth Collins and George Alnslte
Collins.
The estate of J. F. Coyne, who died
August 29. 1899, nine years ago, has
just been brought into the County
Court upon the petition of George T.
Coyne, one of the sons. The elder
Coyne died intestate, leaving an estate
worth about $2400. The heirs are Su
san Coyne, the widow; Martha J. Wil
son, a daughter; J. B. Coyne, and
George T. Coyne. The latter was- ap
pointed administrator.
The will of P. A.. McGuIre. who died
July 17, leaving personal property val
ued at about $2300, was . admitted to
probate in the County Court yesterday.
It provides that after the' debts are
paid the estate be divided in equal pro
portions between the widow, Harriet
E. McGuire, and the daughter. Glennie
M. Rose, of Gainesville, Texas. The will
asks that the wife be appointed execu
trix. Lawyer Gets Judgment for $20.
Because Mrs. L. A. Carlisle failed to
file an answer In the Circuit Court to
the allegation of M. B. Meacham. a
local attorney, that Mrs. Carlisle had
secretly and fraudulently conspired
with Ed Goft to defraud the attorney of
his fees. Judge Bronaugh awarded
Meacham $20 yesterday morning. The
case of Mrs. Carlisle against Goff began
In the Justice Court, and while it was
still pending there a transcript of
Judgment was In some manner sent to
the Circuit Court. The Sheriff attached
the property of Goff in a grocery store
at 713 Williams avenue, amounting to
$110. Then the parties to the suit met
each other at Seaside, the defendant
paying the plaintiff $25 as settlement
in full. The attorney was paid no fee.
He will obtain the $20 from the prop
erty of the defendant, which the Sher
iff attached, if Mrs. Carlisle does not
make payment.
Rosenthal's windows are money-savers.
1
IIIIHiMHIHIJII.MIIIHUIIIIIMM
4 m m m-m m(
August List of New Victor Records
All Vocal Selections Have Accompaniments by the Victor Orchestra
8-inch 35 cents
Xo.
6468 Medley of Reels, No. J. Ac
cordion Solo
John J. Kimmel
6403 The Peach that Tastes the
Sweetest Hangs the Highest
on the Tree
Eddie Morton
E379 Keep on Smiling
Billy Murray and Haydn
Quartet
6401 An Evening at Mrs. Clancey's
Boarding- House
Victor Vaudeville Company
lO-inch 60 cents
6496 Captain Cupid March
Arthur Pryor'a Band
6480 "Red "Wing" Medley Much
Obliged to You," "Red
Wing," ''Sweetheart Days"
and "I'm Afraid to Come
Home In the Dark.")
Arth ur Pryor's Band
6600 Estellita Waltz. Mandolin
and Guitar Duet.
Sigel and Butln
6480 Serenade (Moszkowski). Vio
lin Solo Howard Rattay
6497 Alice, Where Art Thou Fan
tasia. 'Cello and Flute Duet
Treln and Lyons
6498 The Vacant Chair Para
phrase. Strings Wood win
Harp Victor Octette
6485 Berceuse (Lullaby) (from
' Jocely n" ) . Violoncello Solo
Victor Rorlin
, 6 i82 Dear Heart. .Elsie -Stevenson
6 486 March of the Cameron Man
Harold Jar via
6487 My Ain Countree
Harold Jar vis
6488 Just Some One (from "Lone
some Town")
Harry Macdonough
6255 Lucia Regnava nel Sllenzio
(Silence O'er All)
Guieepplna Huguet
6501 The Right Church but the
Wrong Pew Eddie Morton
ON SALE TODAY
SHERMAN,CLAY&CO.
SIXTH AND MORRISON (Opposite Postoffice)
Headquarters for Victor Machines, Records and Supplies
ill il iTili a;gT S"' 2-
BIG MEN ARE TO -SPEAK
EVAXGELICAIi CHURCH HOLDS
CONVENTIONS.
Drs. C. C. Poling and C. U. Mock,
National Leaders, on Pro
gramme for Sessions.
One of the significant features of the
union convention and campmeeting of
the Evangelical Oiurch, which open to
night on the grounds at Jennings Lodge,
is the appearance of Dr. C. C. Poling
and Dr. C. L. Mock, on the programme
for lectures during the two weeks these
events will continue. They are repre
sentative men of the United Evangelical
branch of the church. Dr. Poling is
president of the Western University at
La Mars, la., and Dr. Mock is executive
head of Dallas College denominational
schools. The conventions and campmeet
ing are to be held on the grounds of the
Evangelical Association from which the
United Evangelical people separated
about 18 years ago. The split in Oregon
occurred at Albany.
Dr. Poling was then one of the leaders
in the formation of the United Evange
lical Church, but today and for several
years has exerted his influence for the
reunion of the two branches. Dr. Mock,
who will, represent the United Evangeli
cal Church College, is also an advocate
of union. As far as known' there is no
1
I
m m m m m m
No.
6499 Tou Have Always Been the
Same Old Pal Henry Burr
6498 I Want to Be Loved Like a
Leading Lady (from "The
Girl Behind the Counter")
Ada Jones
6494 Finnegan's Flat. Descriptive
Specialty Steve Porter
6481 Come Where My Love Lies
Dreaming . . . Peerless Quartet
6496 He W1U Hold Me Fast
Haydn Quartet
6499 By the Old Oaken Bucket,
Louise
Stanley and Macdonough
6503 Jesus Is Calling
Stanley and Macdonough
62008 "Can It Comfort" (Kan det
Trostei.
A. Wallgren and Orpheus
Chorus of Upsala, Sweden
648S Cohan's Rag Babe
Arthur Collins
6491 Oh, That We Two Were
Maying
Miss Stevenson and Mr. Mac
donough 6484 Down In Jungle Town
Collins and Harlan
6502 The A, B. C's of the TJ. S. A.
(from the "Yankee prince")
Miss Jones and Mr. Murray
62516 Profeta (Prophete) Re del
Clelo (Triumphal Hymn,
"King of Heaven")
Luigt Colazza
12-inch $1.00
$1704 "The World Is Mine"
Waltzes Victor Danes
Orchestra (Walter B. Rog
ers, Conductor)
NEW VICTOR
RED SEAL
RECORDS
Erami Eames Louise Homer.
89020 Lakme (Delibes) Dome
epais le jasmin ('Neath the
Shady Dome). 1 2-lnch, with
Orchestra, (4. In French.
opposition to union in the two Oregon
conferences, and it is believed that the
conventions and campmeetings will great
ly advance the cause. The Sunday-school
convention will occupy Wednesday and
Thursday morning, and the convention
ox the Keystone League of Christian En
deavor and Young People's Alliance will
open Thursday afternoon and continue
through Friday.
The following is the programme for
the Sunday-school' convention:
Wednesday.
Morning League president. Benjamin P.
Heinrich, presiding Early worship, led by
E. D. Hornschuch; "Call to Worship in
Son and PraUe," T. M. Fisher; "Planning
for Definite Results." Mrs. Una Yates; "Re
flex Influence of Sunday School Attendance,"
Carl Williams; "Lessons From Nature."
Edith Fugate; "What Are We Giving in
Place of the 'Don'ts That Are Always Put
Before the Scholars V P. J. Slocum; "The
Missing Link Between the Sunday School
and the Church. F. C. Btreyffeler.
Afternoon Vice-president. Mrs. Kettle
Myers, presiding. Devotional service, J. A.
Goode; "What Any Teacher Can do for the
Class During the Week." Carl H. Goetz; "At
What Age Should Conversion Be Strongly
Urged Upon the Sunday School Scholars?"
Ben Linn: special singing; "The Advantage
of Child Conversion," H. Fuerstenau; round
table.
Evening Portland district president, A.
Welnert, presiding. Song service convention
chorister; annual sermon. H. B. Horn
schuch. Thursday.
Morning League president, Benjamin F.
Heinrich, presiding. Early worship, Jacob
toecker; 9 to 10:30 devoted to camp meet
ing programme, lecture and discussion, F.
Bens; praise service, F. W. Launer; "Mow
to Get the Parents Interested In the Sunday
School," Reuben Q. Bens; business meeting;
general discussion of Sunday school wark.
GOES TO EET
PETECTIVE HELLYER LEAVES
FOR IXDIAXAPOLIS.
Accused Phy9lclan Must Come Back
in Custody of Police Instead of
"Friend op Relative."
Detective C. Hellyer, of the Portland
police, left this city last night for Indian
apolis for the purpose of taking Into cus
tody and bringing back to this city Dr.
J. 8. Courtney, wanted here on the charge
of manslaughter, for Implication In the
death of Stella Bennett, the IE -year-old
girl who died recently as a result of a
criminal operation, alleged to have been
performed by Dr. Courtney. This was
done after failure of the efforts to have
a friend or relative of the accused man
bring him back. This would have re
lieve him from the disgrace of being In
the custody of a police officer, but the
District Attorney's office refused to sign
the necessary papers recommending this
"special appointment. The plan of ap
pointing a friend of the accused man and
one of the suggestions even included his
brother-in-law and sending him on to
obtain the custody of the prisoner was
favored by Chief Grltzmacher and by
Governor Chamberlain. Governor Cham
berlain, while willing to make the ap
pointment, however, said that he was
unwilling to do so without the recom
mendation to that effect from the District
Attorney's office. At the District At
torney's office It was said that that office
was unwilling to be put on record as fav
oring the appointing of a relative or
friend of a man accused of a felony so
long as there were many legally appoint
ed police officers paid for doing this
work. It was also said that the District
Attorney's office did not consider that it
had the right to evade the spirit of the
provisions of the law regarding the ar
rest n4 custody, ill tlwsej accused, of
m m nm-mm
NO.
89021 Lohengrin (Wagner) Dn
Aermste (Thou Unhappy
One), 12-Inch, with orches
tra, M In German.
Emma Calve, Soprano.
88130 Herodiade Massenet) II est
doux, II est bon (He is Kind,
He is Good). 18-lnch, with
Orchestra, $3. In French.
Bessie Abbott. Soprano.
88129 Mireifle (Gounod) Valse. 12
inch, with Orchestra, 3. Ia
French.
Glna C. Vlafora, Soprano
64085 Boheme (Puccini) Musetta
Waltz. 10-inch, with Orches
tra, $1. In Italian.
Pol Plancon, Bans.
85125 Robert le Dlable (Meyer
beer) Invocation "N'onnes quI
reposez" ( Ye Slumbering
Nuns). 12-inch, with Orches
tra, $3. In French.
George Hamlin. Tenor.
74111 Die Walkure (Wagner)
Siegmund's Llobeslled (Stcg
mund's Love Song). 12-lnch,
with Orchestra, $1.50. In
German.
Emtio de (iogorza. Baritone.
74110 Rigoletto (Verdi) Monologo
Pari slamo (We are Equal)
12-lnch, with Orchestra.
(1.50. In Italian.
Evan Williams, Tenor.
6408'; Queen of Hheba (Gounod)
Recitative (Lend Me Your
Aid First Part). 10-inch,
with Orchestra, $1. In Eng
lish. Violin Solo by Misrha Elman.
61180 (a) Moment Musical (Schu
bert). (b) Perpetuo Mobile (Bohm).
10-inch, 1.
crime, no matter how great their stand
ing or their influence.
MEDFORD GREETS RED MEN
Judge ,Colvlg Welcomes Guests and
Turns Over City's Keys.
MEDFORD, Or., July 2T. (Special.)
The great council of the Improved Order
of Red Men was tendered a public re
ception tonight. Judge William Colvig
welcomed the visitors and extended the
key to the city through the hands of
George N. Farren, great sachem of Ore
gon. An open-air concert, followed by
a musical programme and short addresses,
was the order of the evening.
G. L. Curry, of Baker City, explained
the principles upon which the organiza
tion was founded, and other short ad
dresses were made by G. M. Orton, of
Portland. Dr. T. L. Henderson, of As
toria, and Roy Rltner, of Pendleton.
The entire business section of the city
is In gala attire ays a welcome to the
visiting braves and many handsomely
decorated windows, typical of Indian
tepees, are to be seen in the business
houses.
Special sale fine shoes at Rosenthal's.
WHEAT FLAKE CELERY
5Rs
is prepared under the personal
upervision of Dr. V. C. Price,'
whose name as a manufacturer
of pure food products is nation
al. No breakfast food can com
pare with it, as it contains ail
the elements found in the body.
m
Far sale by all Grocers
Is your mouth si tti f 1 kf In an v wnv tft th
above? if so, no need to wear a wobbly,
unusable partial plate or ill-fitting; ordinary
bridge work. The Dr. Wise system of
"TEETH WITHOUT PLATES"
The result of 21 years' experience, the new
way of replacing; teeth In the mouth teetb
in fact, teeth In appearance, teeth to chew
your food upon, as you did upon your nat
ural ones. Our force is ao organized
can do your entire crown, bridge or plate)
work in a. day it necessary, positively pain
less extracting. Only high-class, acientlnor
work.
WI8K DENTAL CO., IXC
Dr.,W. A. Wise, Mgr., 21 years in Portland;
Second floor Failing bldg.. Third and
Washington streets. Office hours, 8 A.. M
to 8 P. M. Sundays, 9 to 1 p. M. Palnles4
extracting, 50c t xlats, 46 up, phones A
A4 U 1 srOaft,
V