PORTLAND, OREGON, FRIDAY, DECEMBER 4, 1908. HESITATES 'TWIXT C0SGR0VE CANNOT LIVE TWO WEEKS NEW SENSATION SAYS AFFINITY ELKINS NOT WISE TANS MARQUAM SUIT IS TRIED TO KILL HIM GIRLS AINU KUbtb MISS I JILTED, BUT JILT Prefers Naval Lieuten ant to Abruzzi. L FINALLY SETTLED E OF RICH MAXtFACTCRER WANTS DIVORCE FROM SOULMATE. MAYOR LANE PONDERS OVER THANKSGIVING MESSAGE. GOVERNOR-ELECT'S CONDITION BECOMES MORE SERIOUS. ROOT SC ND D croker Ladds Pay $70,000 for Quit Claim Deed. LONG LITIGATION AT AN END Judge Marquam to Have Over $30,000 for Himself. CLEARS TITLE TO HOLDINGS Marquam Building: anil Rosmere Tract. Which Were In Dispute, JPart of Title Bank Assets Taken Over by Ladds. F.y a quitclaim deed given yesterday by Judge P. A. Marquam to the Titlo Guarantee & Trust Company, litigation between the parties over the Marquam building and SO acres of land in Rosa mere conies to an end. Judge Marquam Is to receive from the I.adds JTO.OOO. of which I10.VX will go to 'pay deficiency Judgments. After 'all fees and charges shall have been paid. It Is understood that Judse Marquam will have between l".o00 and J:'5.0ik) net for himself. This sum will provide him a loinfortnble living for the remainder of Ills advanced years. Judge Marquam is W years of age. In addition to the cash settlement, he Is to have free office rent In the Marquam building for two years. As a result of the settlement suits now pending In the Supreme Court will be withdrawn and further litigation averted. Judge Marquam, under the terms of the agreement, relinquishes all i ians in the property and perhaps the most famous civil case. In the history of i regon courts Is brought to an abrupt termination. Terms Agreed To, Papers Signed. The terms of settlement were finally agreed upon and proper documents s'gned yesterday afternoon at a meeting of attorneys for th litigants In the of fices of Watson, Beekman & Watson, one of the firm of lawyers acting In the interest of Judge Marquam. Judge E. B. Watson, W. D. Fcnton and John Manning represented the Marquam In terests, but at the meeting yesterday only Judge Watson was present. Attorneys- J. Couch Flanders and S. B. Lin thlcum attended In the Interest of the Ladds. I.arge part of the work of bringing the two parties together was done by John Manning, ex-District Attorney, who ren dered Important aid to E. B. Watsons, Marquam's attorney through the long litigation. Mr, Manning came Into the case a year ago, when, as prosecuting officer, he was probing the Title Guar antee & Tmst Company bank wreck. This ends a long chapter of piratical financiering by J.. Thorburn Ross, ex head of the Title Guarantee & Trust Company, which collapsed 13 months ago. Ross. although trustee of Mar quam's properties, bought It In for his bank at foreclosure, sale In 1900 and suc cessfully resisted in the courts Mar quam'a efforts to redeem. But Ross' court victories were not conclusive; Marquam still asserted claims whlcn clouded the Title Company's title and barred the company or W. M. Dadd from selling any part of It. History of the Case. Marquam fell into Ross' clutches In !!. when Ross secured for him a J300, 000 loan on the Marquam building and the Rossmere land from the United States Mortgage Company, of New York. This loan refunded Marquom's Indebt edness. Incurred through erection of the Marquam building and theater, which cost J6'.0,000. Marquam. at the same time that he executed the mortgage, executed a deed of trust to the Title Guarantee & Trust Company, in con formity with the requirements of the Mortgage Company. By the terms of the trust, the Title Company was to administer the proper ties, pay indebtedness, taxes and inter est, receive certain stipulated compen sations, and pay off the debts with the building's earnings. It seemed abso lutely certain that the building's earn ings would pay all charges and gradually diminish the debt. So safe did the prospect seem that a minor indebted ness of $32,000. in addition to the J300, imo mortgage, was to be carried by the trustee and paid off from the earnings. How Ros Managed Trust. ICoss managed the trust, however, not to diminish the debts, but to in crease them. In six years, by 1900, the debts had grown $118,000. then amounting to 1450.000. In that year the mortgage company foreclosed and at Sheriff's sale Ross bought In the properties. By that time there had accumulated 145.000 interest and more than 130.000 taxes. Then followed unsuccessful attempts of Marquam. In the courts, to redeem the properties. Ross used his influence in the last Legislature to kill a bill intended to reopen the Supreme Court to Marquam'a suit. A year ago last month Ross' bank collapsed after the dizziest career of high finance ever seen In Oregon. Ross was indicted for misappropriating the public school funds in his bank and ICuncludcd on Fags 14. j. Wonders Whether to Praise Pretty Women or Blossoms in Telegram to Eastern. Paper. Competing with the chief executives In the New York World as to wny their respective cities were thankful on Thanksgiving day. Mayor Lane selected what he knew full well would eclipse anything any of the others could send roses blooming in the open yards. He thought over the matter for a time, and then sat down and wrote the following: "Portland Is thankful for many bless- tahhl Stephen S. Wise. Formerly of Portland. Latent Assailant of Klrhard t'roker. .' ' Ings, Including its rapid growth and in creasing prosperity, the health and hap py conditions of Its people, for the balmy sunshine, and the roses, which are blooming In every dooryard of the city today." That sounded pretty good to the Mayor, and he affixed his official signa ture to it. telegraphed it. to the World, and it appeared in the Issue of Novem ber along with 15 other messages from Mayors of various cities. I was unable to decide at first." said Mayor Lane yesterday, "whether to base my message upon the .pretty women abounding In Portland or upon the justly celebrated roses, but decided upon the latter, for I exploited the beauty of our women on the occasion of the Natjonal convention of the grocers, held at Bos ton. At that time. I said the women of Portland are worth a trip .around the world to see. and the grocers voted to meet In this city next year. Therefore. I thought I would give the roses a chance, this time." . PUPILS' JOKE "SHOCKING" Teacher, Called to Examine Charged Fence, Gets Electric Spark, BFILLINGHAM'. Wash.. Dec. 3. (Spe cial.) A stolen current of electricity, a charged school building fence, a principal shocked In all senses of the word and a dire threat of wholesale expulsions, are the leading features In a farce comedy enacted at the North Belllngham High School today. Some Ingenious students, by means of a coll of barb wire, stole a strong current of electricity from the First Christian Church and ran It to the wire fence which encloses the school ground. Then some one told Principal Twltmeyer that there was something wrong with the fence. That august personage "bit," and went out to examine the fence. The consequent shock knocked him off his feet. The Janitor, coming to his res cue, was similarly affected, and then a crowd collected and several of the stu dents received severe shocks from the Innocent appearing fence. WOMAN SAVES MAN'S LIFE Giant Wave Nearly Washes Passen ger From Deck of Steamer. NEW YORK, Dec, 3. David Bearne. of Dundee. Scotland, a passenger on the steamer California, which arrived here today from Glasgow, narrowly escaped being washed overboard by a giant wave. He was reclining in a stationary chair on the upper deck when the "wave' picked him up. As the water was receding with lilm he was seized by Mrs. William Angus, of Haywards, Cal., who held him until three sailors came to the rescue. Mr. Bearne's shoulder was dislocated and ha suffered many bruises. NO RACES FOR EMPLOYES Los Angeles Civil Service Commis sion Puts Ban on Ponies. L09 ANGELES. Deo. 3. The Civil Service Commission of Los Angeles today Issued an order that any civil service employe, whether on the active list at present or not, who was found to visit the racetrack or bet on the races, would be Immediately discharged. PLEDGE THRONE'S POLICY Edict Assures China of Constitution - In Nine Years. PEKIN. Dec. 3. An Imperial edict Is sued today pledges the throne to the pol icy Inaugurated by the late Emperor, es pecially the programme which provides for the granting of a constitution to the eujyira at the end of nine years, - S' ' i r ; ' , . i V " V -u I ' t ?W - J r -r i ' v ' - : i- . . 9 Scores Judges Who Feast With Him. BOSS DISPENSED JUDGESHIPS Therefore Not Free to Be Ab ' sent From Banquet CORRODE NATION'S MORALS Former Portland Minister Disturbs Triumpltant Return of Retired Tammany Boss, Who Re torts With Much Scorn. NEW YORK. Dec. 3. (Special.) Rabbi Stephen 9. Wise. who .branded the Croker-Freedman banquet as "a night of shame," lias been moved by Richard Croker's reply to make a hot rejoinder. Mr. Croker was deeply upset over the statement of Dr. Wise, who, in his first statement, referred to &J,r. Croker as the successor of the boodllng Tweed. In a formal statement carefully prepared he branded Dr. Wise as' a "political bluffer trying to create a sensation." After, reading Mr. Croker's statement. Dr. Wise said, in part: City Betrayed by Judges. "I wish merely to bring home to the citizenship of New YoTk the seriousness of the political situation as It comes to light In the dinner tendered to Mr. Croker, at which ten Judges of the Supreme Court are said to have been present. I cannot put it too clearly that I believe the City of New York was betrayed on Monday night by the Judges of the Supreme Court, who ought ever to be foremost In sus taining New 'York's honor. "There are two explanations to be of fered for the presence of the Judiciary at the dinner to Mr. Croker. Either the Judges are so lost to a senHe of fitness as to be unable to realize the Indecency of Joining in a tribute of honor to Richard Croker. or else, as I in charity wish, to believe, they were not free to absent themselves from a function In honor of the man who had created them. Time Makes Croker Immune. "No decent, self-respecting citizen of New Y,nrk can fail to grieve over the truth that in the main the places on the bench of New York are dispensed by one who only a few years ago dispensed from the bar. "As long as the former chieftain of Tammany Hall was discreet and tact ful enough to keep himself secluded In this trans-Atlantto estate. It would have been unseemly to single him out for pub lic colloquy. "Under the penal code limitations are operative, which circumstance guaran- (Concluded on Page 6.1 Fhyslcians Perform Operation In Effort to Save Life Suffering With Chronic Disease. PASO ROBLES. Cal., Dec. 3. (Spe cial.) Governor-elect CosgTove's condi tion has become niore serious. An op eration has been performed by Drs. Dresser and Sawyer. Dr. Dresser says: "I don't think he can hold out two weeks longer." A specialist of Berkeley Is here on the case and said: "Chronic disease is getting him. Even if he sur vives for' some time, he will certainly not be able to return ato his home state for inauguration as Governor." After a consultation the specialist said that he thought, everything was being done for the Governor and approved the course of treatment, and It was decided to continue the course as heretofore. ' RELEASE ART TREASURES When Mrs. Chadbourne Deposits Certified Check With orricials. CHICAGO, Dec. 3. Federal authori ties . in Chicago will relinquish their hold on the art treasures once owned by Mrs. Jack Gardner, of Bostoni and shipped Into the country as household goods by Mrs. Emily Crane Chadbourne, of Chicago, only to be seized when their Intrinsic worth became known, as soon as Mrs. Chadbourne deposits a bond secured by a certified check equal to the appraised value. Preliminaries were completed today with the filing of a petition in the Federal District Court by Mrs. Chad bourne SAVED FROM PAUPER'S LOT Mrs. Ward well Will Be Laid to Rest in Fitting Manner. LOS ANGELES'. Dec. 3. (Special.) Snatched from the mouth of a pauper's grave, after the last simple rites had been performed and the rough-hewn coffin was being lowered into the sodden earth, the body of Mrs. Isabella C. Wardwell, widow of the late General David Ward well, will be laid to rest In Mountain View Cemetery, Pasadena. Stirred to action at the. last moment, the Women's Relief Corps Bf Pasadena hurried to this city and saved the remains from an unmarked mound, the thought of which had haunted the poor leper in her dying days. FINDS INFERNAL MACHINE Workman Explodes Device, Shaking Buildings Ten Miles Away. STOCKTON, Cal., Dec. 3.--What Is be Iteved to be an Infernal machine was found in the Western Pacific Construc tion yards today by a workman under a pile of ties. It consisted of a two-gallon can of dynamite, to which was attached a blasting fuse five feet long. The work men took the infernal machine to an open field and set it off, the explosion shak ing the buildings within a radius of ten miles. There was enough explosive in the can to have blown a business block to atoms. Seattle Attorney Be comes Entangled." OFFERS DECISION FOR COIN Witness Wanted by Bar Asso ciation Escapes. . FOLLOWED BY REPORTER When Overtaken "Tony" Richard son, Rancher at Ephrata,' Re fuses to Talk Man Has Start ling Chapter to Vnfold. (By Staff Representative of Spokane Spokesman-Review.) EPHRATA. Wash., Dec, 3 (Special.) "Tony" Richardson, a wealthy pio neer rancher who lives in a lonely tent on the shores of 'Soap Lake, several miles from Ephrata, this morning fled from his home across the sagebrush hills like a frightened animal to .es cape being questioned by Spokesman Review and Seattle newspaper corre spondents regarding what he knows of a matter which is now under investi gation by the Root Investigation com mittee of the State Bar Association. His flight was directed by "Tony" Mack, a former Alaskan adventurer, faro dealer and Seattle saloonkeeper, who was apparently undertaking the task of keeping Richardson under cover until the desire for the evidence which he could give subsides. Light Feared by "Hlgher-t'ps." Back of Richardson and back of Mack there are apparently other individuals and other Interests who would or might be Injured,' perhaps disgraced, by the dis closures which Richardson could make If he would. Richardson's efforts to escape us proved to be unavailing, and we ran upon him under cover at the Soap Lake Sanitarium, at 4 o'clock this afternoon. He thwarted us in our1 purposes, how ever, by suddenly declining to discuss the subject upon which his information is so much wanted, even to declaring that he has no recollection whatever of the in cidents in which he is alleged to have figured as one of the principal parties. The Information which It Is believed that Richardson could give, If he would, and which has been sought for several days by the members of the Root In vestigating committee, unfolds an en tirely new and startling chapter in the Root disclosures, presenting new com plications and new possibilities. Offers to Bribe Judge. This is the storj- as it -has been re lated in circumstantial detail to mem bers of the committeee: Some months (Concluded on Tkg 8.) GOOD FOR WHAT j Alleges Three Attempts Vpon His Lire W"hrGas and Knife as Xiroujids for Separation. CHICAGO. Dec. 3. (Special.) Three at tempts by his wife, to kill him, two with gas, the other with a knife, one attempt to disfigure him with acid and four at tempts to commit suicide were cited by Charles J. Lannanbaum, a rich manufac turer, charged with being the - affinity of Mildred Hartman, a South Side society girl, in Judgs Barnes' court today as lllililiwil Katherlne Klklna, Whose Friend Declare She Jilted Ahmiil, In stead of HeinK Jilted by Him. reasons why he should tie granted a di vorce. Dannenbaum said that his wife was jealous and had an ungovernable temper. The first instance of her accusa tion, he said, was soon after their mar riage in San Francisco, when a young woman, a former schoolmate, called at the house to see him. , "Mrs. Dannenbaum flew Into a great rage," he said, "and it was all I could do to quiet her. When we lived at Hotel Stewart, In San Francisco, my wife flew into such nts of rage and jealousy that many times I had to hold her until she was quiet. Once she kicked me violently." FAITHFUL DOG ON . GUARD Keeps Vigil Over Body of Mar-tor Who Fell to Death. BUTTE. Mont.. Dec. 3. (Special.) Alexander Macauley. a prominent busi ness man, politician and legislator of this city, was killed in the high peaks of the Teton Mountain, near Mldvale, a remote and wild section in the northern part of the state, Tuesday, by falling over a precipice while In pursuit of sheep, and but for the fact that his dog stood a vigil all night and day, the body, In all probability, would never have been found. Macauley. who was an ardent sports man, disregarded the warnings of mountaineers against venturing high among the cliffs and precipices at this time of the year and, with a companion, ventured forth. Macauley disappeared after they paited and a day and a half later his companion, searching for him, heard the barking of Macauiey's dog. The animal was found by the side of the partly snow-covered corpse and evi dently had crawled around the high precipice over which Macauley had plunged down to where the body lay. PRISONER BECOMES INSANE Dan P. Dolierty, Sentenced for Life, Tries to Kill Himself. HEPPN'ER. Or., Dec. 3. (Special.) Dan P. .Dolierty, who was last Spring convicted of the murder of Oscar Allen In a Lexington saloon, and whose case was on an appeal before the State Su preme Court. Is now almost a raving maniac. Upon receiving word yester day that the Superior Court had sus tained the lower court, and that he must serve his life sentence, he com menced to abuse all the other prisoners confined in the county jail with him, his attorneys and every one that came within his notice. Sheriff Shulc lias placed a watch over Dolierty, as he has made several attempts to kill himself. Doherty has hertofore been a model prisoner and has talked reform and religion to all prisoners that have been his associates during the past year. It Is thought he Is hopelessly insane. WOMAN CHASES BURGLAR Brave Policeman Captures Hold-up and Ends Runner's Sprint. NEW YORK. Dec. 3. Bold hold-up men attacked Mark Aron, a cafe proprietor, on the platform of a trolley car in Fifty ninth street, last night. While three hien led the attack, a fourth tried to snatch Aron's diamond shirt stud. He resisted fiercely and his assailants were put to rout. Charles A. Young, a grocer In Brook lyn, was blackjacked In his store Just be fore closing up for the night by a young man. A plucky young woman, passing, gave chase, and the thief was captured by a policeman. Forty dollars was found missing from the cash register. RICHMONR, Va. Thursday the Jury In the United States Circuit 'nurt acuultted Alexander P. Gilbert. assistant yenTa! fretRlit agent of the Chesapeake & Ohio Railway, uf unlawful rebalinv, after deliber ating only nva. minutes. ! , )' 1 'ill ' Katherlne Klklna, Whose Friend T YOUNG ANDREWS IS HAPPY MAN Once Banished to Philippines, He Renews Suit. NOT ENGAGED, BUT MAY BE l'l-iend-s of Senator's Daughter Say She, Not Duke, Broke Otr the Match Andrews Returns to Home Service. NEW YORK, Dec. 3. (Special.) Friends of Miss Katherine Elkins de clared today that all reports to the effect that she was jilted by the Duke of Abruzzi were absolutely false. These friends deny that there was any ques tion of her lack of so-called noble birth until after she had jilted the scion of the royal family of Italy. According to the most knowing persons in the social swing of things In Wash ington and especially those of the cote rie known as the Navy set It Is reported that the royal Duke was set aside by the fair daughter of the rich United State Senator for a broad-shouldered and hand some young Naval officer. Lieutenant Adolphus Andrews. U. S. N. It was the prince of the blood against a Yankee Naval officer and the prince of the blood rode to a fall. This, In a nutshell, is the inside Information. It is far wide of the internationally reported reasons for the abrupt termination of the Abruzzi Elklns match. It is not to be said that Lieutenant Andrews has so far flourished In his cause as to have reached a point wher his engagement to Miss Klkins Is to bfl announced, but that he stood so well in the democratic young woman's graces that fear led powerful influences to bring about his transfer from Washington to the Philippines, none of the Naval coterie will deny. He was aide to President Roosevelt at the White House two years ago and then very suddenly he was shunted off to the Philippines. He stayed there until he was recalled to duty at the New York Navy-yard last May. HENEY LEAVES HOSPITAL Wounded Attorney Will Go to Kent field Until Fully Recovered. SAN FRANCISCO, Dec. 3. Francis J. Heney has so far recovered from the ef fects of tho wound Inflicted by Morris Haas on November IS that he wus able to leave the Iine Hospital today for Kent field, Marin County, where he will prob ably remain until fully restored to heHltli and be able to resume his work in the prosecution' of the graft cases. Mrs. iicney accompanies him. INDEX OF TODAY'S NEWS The Weather. " KSTKRDA Y'S Maximum trmpi rature, : minimum. ;1.4 decrees. TODAY'S Kalr. easterly wlnUi. National. Archbold pleads Ignorance nf immense louns by Standard to Trainer. Page 7. Hrue committee will ak authority to com pel witnesses to testify. Page 6. Polities. Rabhl Wise attacks New York Judges for banqueting t'roker. Page 1. Taft refuses to say whether Burton ottered c'al-Inet seat. Page 3. OreEon delegation to continue agreement about appointments. Page 7. DomeM Ic. an Francisco man poisoned by powders sent by mall by pretended doctor. Page 0. Story of harvester trust told la court. Page 3. Miss Elkins salit to have Jilted Abruzzi be cause she preferred Lieutenant Andrews, of Navy. Page I. Mrs. Yerkes-Mizner will contest Yerkes' will. Page 7. Mrs. Rice testities at Davis murder trial. Page 6. Tracing boodle money in Ruef trial. Pag Governor-elect rosgrove not expected to re cover. Page 1. Chicago man's life threatened three times hv. affinity. Page 1. Conference on church unity glories over antl-bettlng laws. Page 7. Sports. Irvlngton beau Shattuck by score of 11 to 0. Page It. O'Connell proves master of Heinrlch at wrestling. Page B. t'mmerclal and Marine. Local flour prices will be advanced tomor row. Page I. European wheat market! fail to follow Chi cago. Page 19. Stock market a professional affair. Page in. New Hrhts will be placed on rolumbiA River and spar buoys and day maiks w-lll be painted. Page 38. Portland and Vicinity. Famous Marquam cane ended by payment of 70.0(l() by Ladds to P. A. Marquam for quitclaim deed. Page 1. Mavor Lane hesitates between praising pretty women or roses In Thanksgiving message. Page 1. Important discussion of franchises before charter commission tonight. Page "l.'l. Commission on Country Life concludes Portland sessions. Page 14. Seattle .woman, thinking husband has af : flnity. flees, is found In Portland Page 12. O. K. & N. revises passenger schedule. Page 12. Question of licenses for restaurants to be fought out in) Council. Page 14. Mavor vetoes extension of E. P.'s time on Fourth street. Page II. Hop-picker sues Oregon Electric for .-.0O0 damages. J'age 14. Fruitgrowers discus methods of shipping, fruit. Fag 12.