11
niE MOItXISG OEEGOMAX, SATURDAY, yPTEJlBEK ,14, l'JQ3.
LA ROSE JURY IS
iT YET AGREED
Locked Up for Night Without
Returning Verdict in
Murder Trial.
RETIRES IN THE MORNING
Transcript of Testimony, Gasplpe
and Othrr Kxhlblts in Cae Are
Taken eo Jnrj-lioora for
Consideration.
LA ROSE JVRT STILL, OIT.
At a late hour last nirht the Jury
In the La Horn murder raw was till
out. no word having conio of Its
deliberations except tht it was look
ing over the transcribed tettlmony
of witnesses and considering It. The
Juror were taken to dinner by the
bailiff at o'clock last nlfht. re
turning a half hour later to con
tinue their work.
Th Jury which has listened patiently
for two weeks to the testimony In the
La Rose murder case retired' for delib
eration at 10 o'clock yesterday mornlius.
It was stipulated by Jay H. I'pton and
lister W. Humphreys, the attorneys tor
the defense, that the Jury mU'ht take
with them Into the Jury-room the testi
mony of the witnesses as transcribed by
the stenographer.
The Jurors also took with them the sec
tion of pipe with which the murder was
committed, and the bludgeon used In the.
asault the next day. The latter ki appar
ently the end of a brakerod for a freiht
wagon, and was wrapped In a handker
chief and then In a paper. The two
watches, and a magnifying glass for their
Inspection, were sent In with the Jury,
as well as Neuman'a book. In which he
kept a record of his purchases of second
hand goods. The court's Instructions,
which had been typewritten, were also
placed In the hands of the Jurymen.
Judge Give Ills Instructions.
At :15 o'clock yesterday morning Judge
Morrow, who has been directing the trial
of the case, started to give his instruc
tions to the talesmen. They gave close
attention to the Judge's words, as Jid
the prisoner.
Judge Morrow pointed out that wit
nesses are presumed to have spoken the
truth, but that the Jurors must Judge ns
to that. "It Is your duty." he said, "so
far aa may be possible, to reconcile any
conflict or disagreement between wit
nesses that may appear in the evidence,
on the theory that each one has sworn to
the truth as he believes It to be. When
this cannot be done, you may consider
the maner In which they have testified,
the character of the evidence that they
have given, how far they are corrobo
rated or contradicted, the Interest. If any,
they have or appear to have In the cause,
their relation to the parties and such
other facts as will. In your Judgment, aid ,
you In determining where the truth Is.
Toil may also. In considering whom you
will or will not believe, take Into consid
eration your own exjertence In affairs
and with people, and what you saw when
jrou visited the scene of the homicide at
the opening of this trial."
The court then Instructed the Jury as
to the nature of a reasonable doubt,
said the burden of proof Is on the prose
cution and that the Jury may find any
one of four verdicts: First degree mur
fler. second degree murder, manslaughter
or acquittal.
The court then read the Oregon law
relative to murder, and told the tnles
men they must find that the crime was
premeditated If they mould convict of
murder In the first degree.
Facts Must Be Conclusive.
He then said, regarding circumstantial
evidence, that "when a criminal charge
la sought to be proved by circumstantial
evidence the proof must be not only con
sistent with the defendant's guilt, but In
consistent with every other rational con
clusion. It Is not sufficient that the cir
cumstances proved coincide with, ac
count for. and . therefore, render prob
able the hypothesis sought to be estab
lished by the prosecution.' but they must
exclude to a moral certainty every other
hypothesis but the single one of guilt.
"All the facts relied upon In support
of a verdict must be consistent with each
other, and with the main fact sought to be
proved. Therefore. If any one fact neces
sary to your conclusion Is wholly Incon
sistent with the hypothesis of the guilt
of the accused, it breaks the ch.-iiT of
circumstantial evidence upon which the
Inference depends, and however plausible
or apparently - conclusive the other evi
dence may be. the charge must fail.
"If a party In whose possession .goods
formerly In the possession of the de-
eased are found, makes any explanation
as to the nature and extent of his pos
session and how he came by it. ard if
the explanation, when testitied to before
the Jury, seems to them reasonable, and
!s not shown by the prosecution to be
false, the Jury is not Justified In finding
that he stole the property, and without
further evidence against him. I Instruct
you. gentlemen of the Jury, that in this
case the mere fact that the defendant
had In his possession, shortly after the
attack was made upon Neuman.- a watch
or watches which it Is claimed were
taken from Ncuman's shop at the time ol
the attack, docs not raise the presumption
that the defendant came in possession
of them unlawfully, provided he" has
given a reasonable explanation of how
ha obtained them, which explanation the
state has not rebutted."
DIVORCE GRANTED IN ABSENCE
Thomas Hamilton Returns From
- Alaska and Has Decree Set Aside.
Thomas Hamilton returned to Portland
from Alaska to protest acainst a divorca
granted las wife durirg his absence. John
r". Logan appeared as his attorney.
The divorce granted to Mrs. Lena Ham
ilton by Jiulge O'Day. July 21, was
s-t aside by Judge GaiHenbein. It
is believed that the woman perjured her
self when she said that her husland had
deserted and failed to support her. Ham
ilton said yesterday that his wife has
either married a second time, or is about
to do so.
Hamilton left his wife, he says, with her
consent, in Portland. May 2S. 1907, to tc
cept a position as engineer of the power
riant of the Northwestern Navigation &
Transportation ompany. at Sc. Michael.
Alaska. He arrived there June 17, and
received Ilea a month On July 5
he sent his wife 170. He has made affi
davit that he sent her IT"" in the seven
months prior to the lime the divorce was.
granted.
On May M. 1. Mrs. Hamilton wired
her husbaad: "Money received, three let
ters on may; will lesve for Cleveland June
S." June 8 the divorce complaint was
filed, and on July 31 It was granted, Ham-
Pton not being present to contest It. The
hmt knowledge he had of divorce pro-'-efdlngs
vaa whfn. on June 3, he re-r-lvjd
a wireless dispatch at the rate of
S-TSO for 1 words, which read: "Signal
Corps, IT. S. Army. T. a Hamilton. St,
Michal. Divorce granted, leave here the
8. Un." Hamilton says It was not
until July 15 that he received the com
plaint which had been mailed to him, and
that the Hrst steamer left on July 24, too
late to reach Portland for the trial. He
could find no substitute to take his Job
until O-totwr 13. when he left and arrived
In Portland October 23.
Notwithstanding that Mrs. Hamilton
was In constant communication with hT
husband, she made affidavit June 9 that
she had consulted with Mrs. Rachel
Shattoo. of Portsmouth, and Carl Arder
son. of Killinrsworth avenue, and learned
from them that her husband' address
was St. Michaels. The couple were mar
ried at Wadsworth, O., September 7. 103.
DEFENSE EMOTIOXAL INSANITY
Chester C. Holioway on Trial for
Shooting Wife.
Chester C. Holioway is on trial be
fore a Jury in Judge Bronaugh's de
partment of the Circuit Court. He is
rhnrged with having shot his wife,
Mattie Agnes Holioway. June 57. with
Intent to kill her. As a defense his at
torncv will urge emotional insanity.
It Is said that Holioway reached this
state of mind after hearing that his
wife wjs living with a man named
Deddy. and afterward with a man
named Miller, at Oregon City. Hollo
way Is sal.l to have attempted suicide
after he crime from IjOs Angeles, where
he had b-en working, to Portland, and
found thai his wife had sold all the
household furniture and would not re
turn to live with him. He was taken to
the hospital, and "accuses his wife of
taking what little money he had. and
leaving him unconscious ana penniless.
It was when he again besought his wife
to return to him. -ho says, that she
twisted his wounded arm. severing the
ilgnments. and that he shot at her.
She was taken to the hospital, and for
a time her life was despal-ed of.
DRAWS TP ANOTHER VERDICT
Jury In Jackson Reid Case Did Xot
Intend Murder Finding.
The six Jurymen who recently returned
a verdict in the Juvenile Court to the
effect that Jackson C. Reld Is a delin
quent child, as set forth in the petition
of Deputy District Attorney Thad TV.
Vreeland. drew up a new document yes
terday afternoon which finds tne boy de
llnouent but makes no reference to the
petition. When It was explained to the
talesmen that they had, by their verdict,
practically found the lad guilty of mur
der in the first degree, they said that
they did not Intend that as their verdict,
hut merely wished to place the child In
the custody of the court as a delinquent.
When this flaw In the Jury's verdict
had been remedied. Judge Gantenbein
committed the lad to the care of his
grandmother. Mrs. C. A. Reld, his
mother's parent. She resides In the
South. The court told the 11-year-old
boy that his action In shooting George
F. DeMars was nothing to be proud of.
but rather an act for which to be
ashamed. The lad Is to attend some dis
ciplinary school. probably a military
academy, for at least two years.
COURT GRANTS TWO DIVORCES
Decrees Obtained by Roslna Covclli
and Elizabeth S. Hal ley.
Judge Gantenbein granted two divorces
In the Circuit Court yesterday. Roslna
Covelli said through an interpreter that
Frank Covelli came home one night in
October and beat her over the head with
an umbrella because two of her cousins
were visiting with her. She said he then
called in two policemen, who searched
the house. The following day. she said,
she was beaten, choked and kicked, and
her husband then left and has not returned.-
They were married in Port
land. February 12. 1907.
Klizabeth S. Bailey obtained a divorce
from John T. Bailey on the ground of
desertion. The wife said her husband
left her in 1SS7. They were married in
Jackson County. In November. 18S2.
The divorce case of Pertha I. Beckett
against Charles A. Beckett, wherein she
accuses her husband of leaving her in
February, 1903. was tried, but the court
has not yet granted the decree. The
couple married November 29. 1894. They
have one child.
Notes or Probate Court.
The will of Martha A. Hoyt. disposing
of an estate valued at ISO.000. was admit
ted to probate in the County Court yes
terday. With the exception of 1200. Mrs.
Hoyt left all the property to her daugh
ter, who bears the same name. Of this
1100 goes to George W. Hoyt. a son. and
1100 to Frances Hoyt. another daughter.
George W. and Martha A. Hoyt are ap
pointed executor and executrix.
The estate of Caroline Vantine has
been appraised at 172.0O0. Half of lots
.1. 4 and 6. block 210. Portland. at
Seventh. Park and Taylor streets, is ap
praised at $o2.5t0. A fourth of lots 7
and 8, block 181. Portland, at the south
east corner of Seventh and Taylor streets,
is valued at 15.0'M). Kills G. Hughes.
J. L. Hartnian and Allen B. Slauson are
the appraisers.
The Adam Appell estate has been ad
mitted to probate. Appell left all but
1500 of a 12500 estate to the widow, Kate
M. Appell. J. Bernlce Appell will receive
the 1500. .
Does Not Get Damages.
Judge Cieland. in the Circuit Court.
granted a motion for a non-suit yes
terday In the case or r J. rieinweu
against the Portland Railway. Light
& Power Company, in which the plain
tiff, who Is a grocer of Kern Park,
sought to recover from the railway
company 11000 on account of an acci
dent which occurred February 11.
Helliwcll said he was walking- along a
platform at Kern park when a, Mount
Scott car struck him from the rear.
Witnesses testified that he stepped
directly in front of the car, and that
the motorman had no chance to stop
It. He was reading: a newspaper at
the time.
Do Not Prosecnte Boy.
Norman Baldwin, of St. John, found
SS boom chains along the river bank and
put them In a neighbor's yard, where
they lay for two months. The -Willamette
Pulp & Paper Company took the mat
ter into the Juvenile Court with the al
legation that the Fad stole them. He was
discharged by Judge Gantenbein yester
day because his accusers did not ap
penr. The lad's father endeavored to find
an owner for the chains, even writing to
La Camas about them. At last they
were sold to a Junk dealer for 19.90.
MEN'S W00LC0ATS, $1.00
Vests from pure wool 60c
Youth's Sniits. sixes to 35 $3.5
Men's Pants, splendid patterns $1.00
Boys' Knee Pants, ages 6 to 15 25c
Men's Ail-Wool Suits ...$5.00
At the closing out sale of the wholesale
stock. Front a:d Oak streets, in the
wholesale district.
We make the best suit in the city to
order for $25; let us prove It. Unique
Tailoring company, $09 Stark, between
Fifth and Sixth. . . (
ELOPING WHEAT
NNG
DISAPPEARS
Police Search in Vain for A. B
Conley, Who Brought .
Girl to Portland.
LEAVES CAR AT WOODBURN
Warrant for La Grande Millionaire
Is Sworn Out After Gertrude
Williams Tells Her Story
to Authorities.
A. B. Conley. aged and wealthy
Grand Ronde banker and wheat king,
who " was Interrupted In his elope
ment to Los Angeies-wnn pmiu
year-old Gertrude Williams, a 1a
Grande waitress, is the object of ear
nest search by the police of half J
dozen cities.
When the girl was taken from hi!
.. Thnnilttv niiriit nt the Unioi
rw,nn hDpaita her tender years ana
11 nn'afHa ConlCV had
pwuiiar solium. t
aroused the suspicions of Depot Matron
Fields. Conley was allowed to continue
on his way. He had Just bought two
tickets to Los Angeles, and had . reserved
lower berth No. u in tourist car o.
When the girl admitted she was not re
lated to the o.d man and was detained
from going on the train witn mm. sue was
given over to the charge of Patrolman
Hirsch, who took her to the police sta
tion and turned her over to Matron
Simmons.
' Left La Grando Week Ago.
' At that time It was believed this
strange elopement was merely about
to begin. But on questioning the girl
the officers learned that she had gone
from La Grande with the grizzled
wheat king on November 7 and had
been In the city as his guest since mi
urday of a week ago. Captain of Po
lice Moore at once telegraphed to Al
bany officers to search the train and arrest
Conley. But when the train reached
Woodburn the wheat king must either
have grown apprehensive or else have
tired eloping alone. Leastwise he left
the train and the Albany police found
the berth empty when the train pulled
Into that point.
The police of every town in the Wil
lamette Valley were looking for Conley
yesterday. At Woodburn every stop
ping place in town was searcnea. re
lieving it possible that the old man
had taken an early morning train back
to Portland, the local police were also
hard at work all day, but he failed to
materialize.
Story Told by Girl.
It is now known that Conley brought
the Williams girl here from La Grande
and that he had been supporting her
there for several months. He met her
in a restaurant where she was em
ployed as a waitress, and when she
lost her place told her he would see
that she was taken cart of. This state
ment Is made by the girl, but she in
sists that his Interest was of a father
ly nature at La Grande. W hen he In
vited her to go to California with him
on a trip, she consented.
They arrived in Portland November
7. the girl says, and went to the New
Rosamond, Third and Pine streets. It
was from her story of their stay in
Portland that serious charges against
the old man were made. Her story
was supported by the landlady, Mrs.
BJorlund. And she added that Conley
has been in the habit of taking: young
girls to the place.
Landlady Also In Trouble.
As a result of this confession on the
landlady's part, she Is to be made the
subject of a complaint on the grounds
that she had knowledge of what was
going on and failed to communicate
this information to the police. Mrs.
BJorlund said Conley was brutal in his
treatment of the girl, abusing her fre
quently because of small amounts of
money she spent.
The complaint against Conley was issued
by District Attorney Cameron and was
signed by Mrs. Lola G. Baldwin, of the
Travelers' Aid Society. It charges a statu
tory offense, and Miss Williams is named
as the complaining witness. In the
event of Coniey's arrest the girl will
be called upon to testify against him.
The girl in the case comes from
Sprlngbrook. Or., where her parents
reside, so she says. Conley is widely
known in the Grand Ronde Valley and
is reputed to be the wealthiest man, in
Union County. He has a wife and a
family of grown children. Those know
ing him at La Grande say he was about
the last man to be suspected of such
an elopement, an he was essentially of
the pioneer type and always shunned
society. He was very careful of his
money, even on this ill-starred trip,
and bought second-class transportation
for California Thursday night.
mm
BT jMLJAN TINGLE.
SEVERAL housekeepers have met me
recently with the remark, "I wish
you'd tell me what to have for
breakfast while ewes are eo high In
price." It Is not a very easily solved
problem in families where something
more than the "reform breakfast" of
"fruit, cereal, toast and coffee" is de
sired, and where heavy meat dishes are
wisely avoided. Portland housekeepers,
however, should have no difficulty in this
matter, considering the fine variety of
sea-food' in the markets. Fish fresh,
or smoked, salted or pickled, offers a
large choice of good breakfast dishes;
although " the early-njorning imagination
of some cooks often seems bounded by
'picked-up' codfish in some form, fried
sole or its equivalent, and an occasional
imported herring. Dutch. Jewish and
German methods of pickling fish are
worth studying; the Norwegian cook can
teach you delicious and wholesome fish
dishes; and English potted meats and
fish will ail help occasionally with the
breakfast or luncheon menu.
In the meantime, consider the following
list of freeh fish to say nothing of he j
SlOrO VI a.i t ii u Biiu v.uiru vaiiciiro ui-
fored by every delicatessen. To begin
with, the cheaper though not the least
useful kind: Herring, smelt, flounder and
perch are all 10 cents; salmon, halibut,
California sole, California smelt, tom
cod and black cod, 12 cents; shad, cat
fish and croppies, 15 cents; sturgeon and
shrimps, 20 cents; striped bass. 25 cents;
lobster and black bass. 30 cents a pound.
Shad made its first appearance of the
season during the past week. Slack bass
U decidedly scarce just now. Shrimps
are rather higher in price, but yery good.
These two styles are
pronounced and they
are pronounced a suc
cess by men who ought
to know.
, This. month our over
coat display covers the
whole field.
The variety in shape,
in style, in patterns and
in length, is complete.
Coma in before the
novelties are picked out.
$10 to $30.
166-170 Third Street.
Frog legs are 35 to 50 cents a dozen, and
crabs 20 cents, each. Mussels and the
large New York clams are to be had, as
well as the usual razor and hardshell
clams and oysters.
Poultry prices are about the same and
turkeys still threaten to be 25 to 30 cents
a pound at Thanksgiving. Goose "the
arch-angelic bird," is very good just now,
at 25 cents a pound; and the necessary
annle sauce can. of course, be had in
perfection at this season.
Squabs and broilers are rising In price,
the former being 11 a pair, the latter 60
to 60 cents each. The weather lately has
been too warm for many wild geese or
Jack rabbits to be shown.
As for the fruit, apples are naturally
established In the first place, and the
prices run from 75 cente to $5 a box. Or
anges are coming In and grapes are going
out. The little Japanese and Tangerine
oranges appeared this week at 25 and 30
cents a dozen. The new sweet navel or
anges are 45 to 60 cents a dozen. Grape
fruit are 12V4 to 20 cents each, and limes
25 cents a dozen. 1
Imported Malaga grapes are 30 to 35
cents a pound. The new black Morocco
grapes are 60 cents a box. and the other
kinds Tokay, Sweetwater and Cornl-
chons, range from 46 to 60 cents a box.
Strawberries are 25 to 30 cents a box
huckleberries 20 cents a pound and cran
berries 10 to 20 cents a quart.
The new Cresca figs, Fard dates and
fancy dried prunes are all to the fore
this week, as are also the new nuts
walnuts, both black and English; pine
nuts, chestnuts, pecans, hickory nuts.
Brazils and hazelnuts. Good pineapple.
persimmons and pomegranates help to
give variety to the fruit department.
Mushrooms have ranged in price irom
Jl for hothouse grown to 30 cents for the
field-nicked kind. Heart celery at 15
cents a bunch is very inviting, and the
larger sort at 10 cents is very good. There
are very nice new cream squasn at sdoui
cents each, and creamier cauimowers
at IS cents. All the cabbage family caD
bage, savoys, kale. Brussels sprouts and
kohl rahl are in "fine form' Just now.
Leave Yonr Orders for
Thanksgiving Turkeys
Chickens, Lb., 16c- 17c
Fresh Eggs, dozen 35
Eastern Eggs, dozen. .25c 30
Creamery Butter,
roll tOc. 65c and 70c
Full Cream Cheese, lb 17c
Best Eastern Hams 15c Lb.
LaGrande Creamery
264 Yamhill.
BESTBUTTER
70c and 75c Roll
Ranch Eggs, Dozen 30c
Chickens, 17c Pound
SALMON, LB 10c
OREGON 15C
Columbia Fish Co.
Phones: Main 5, A 5556.
THIRD AND ANKENY STREETS.
Thanksgiving
Day
Is close at band. Don't forget that
G. Covach 6 Co.
Will have a fine supply of all kinds
of Poultry, Oysters and Fish. Don't
fail to call on them.
Phones Main 53o, A 3535.
275 First Street, Portland, Oregon.
U-c-
f
A.
Look at
Z1 man or woman and you see
from nerferr
the
Nicely blanched endive is good either
for salad or greens. Hothouse cucumbers
are In again, and cost 10 cents; the other
kind cost 5 cents, but are Inclined to be
bitter.
Green and lima beans and peas all tend
Attractive
If you have traded with us we know you are still doing so. If you haven't
traded with us, it is worth your while to give us your order. We carry nothing
but the best Meats obtainable, and on account of the magnitude of our business
we can give you the lowest prices.
Ham, lb. ...... 15V2C
Bacon, lb. 18c
Boiling Beef, lb. .... 5c
Pork Chops, lb. 10. to 12V2c
All Pot Roasts of Beef, 6 to 8c
The Boston Packing
Corner Third and Ankeny Sts.
Nature SJ . f$k
intended man , ''iferV'x i
to be happy and , V M )
to be able to give ' rJ&
inj
Smile All
the While
healthv children-
health the nrotertion
excesses
look at the healthy N.
le pleasures that come
of life to-day V
i n
iraraeiii s
strengthens the body and enthuses
brain into nerf ect activitv
besides it pleases the palate,
too.
to be higher at about 20 cents a pound.
Artichokes are about 12 cents each;
peppers and egg-plant 20 cents a pound
and tdmatoca 15 cents. Then there are
the usual root vegetables, including ex
cellent oyster plant; and last, though not
30 cups- " 4lV
of a delicious f!: & ( f AMyft
drink Adr u J!l
. m ? ill
On Meats
Round Steak, lb. . . . 10c
Shoulder of Pork, lb. 10c
Loin of Pork, lb. . 12V2C
Branch Market:
xA V
J V? L-
that wards off the
,-.;.0
least powerful, the new season's garlic at
25 cents a pound.
Webfont Oil Blacking keeps feet dry.
Makes shoes last. All dealers.
1 W
::f
rnces
Per Pound
Company
First and Burnside Sts.