INJUNCTION WITH
NAUGHT TO ENJOIN
Queer Muddle in Aftermath of
Resignation of Mayor Har
per, of Los Angeles.
CASE BARRED FROM COURTS
Tenderloin ltulcr, Wanted by Iis
triot Attorney, Located in Mexl-
Ileurd Fugitive Men
Are Captured.
LOS ANGELES. Cal.. March 17. Spe
cial. The most interesting phase of the
Mayoralty muddle tonight is the recall
Injunction petition which has been pre
pared by attorneys representing the regu
lar Republican organization. The most
prominent lawyers of the city have had
a hand in its preparation and axe con
vinced that It will stand the test to which
it will be subjected when It is presented
In the courts.
. Its object is to prevent the holding of a
rw.u1 . i .
,tvuu" -"larcn 20, me oate set
nir recall 01 Mayor Harper, on the
grnund that Harper's resignation removed
the purpose of the election. But the as
tute attorneys are unable as yet to get
the petition before the court. In order
that there may be no question as to It3
applicabilly, they must have Just cause
.... J-IWI.IIIINU V.
Nothing to Enjoin.
They thought they would enjoin the
. .ij ii.-in. irom ouying stamps to mail
the notices of election, but found that he
nrt.i aireaay purchased the stamps. Now
all II 1 ft WHtotllntr r. ..... .
n .... Dum iu viijuiri.
and unless they find It, the election will
be held WHhnnt lntaAAnAA
A. C. Harper. ex-Mayor, arrived here
k,s morning, prepared to give his
testimony before the grand jury, but he
treiuiiy Kept nimselt secreted, com-
lliunlfa t i nir nnlu ..-) v. v. T-.i-.t'. .
B j ...... . . . ibuiul AHOr-
neV. Ha miorontlaH In 1 1
- ... umieiiiB & umiery
of cameras and a battalion of reporters
in wio station.
, - seek J.eturn of Men.
" ...... u i i t i l me com-
ui me district Attorney Is en-
" " ... uawuia, King or
the tenderloin, who ran away when he
,.,. ln Krana jury would want
to hear from him.
Owwald and his henchman, . "William
Lawrence, alias Kenner. were. located to-
11 i ! h f nt Tin I ...... .. . i
. , me jviexican
boundary. They had stopped in San
----e." ...... ...... 1 iii muusana no 1 1 firs
In small denominations changed to big
.....o, .i which iney cut a swath in the
Sun Diego redlight district before skip
ping across the line.
Little Joe" rurand, another .of Os
wald's men, is the only person caught as
yet. and he is kept behind the bars.
Among the prominent persons for whom
-""i1"""' nave oeen prepared, besides E
T. Karl, whose club forced the resignation
of Harper and Kern, are Sam Schenck
and Marl Rogers, who is now In San
Francisco assisting in the defense of Pat
rick Calhoun; and Frank Goings, a local
politician. Schenck and Rogers are at
the head of the legal profession in the
local criminal courts. Just what they
are supposed to l.now Is another mystery
In the case.
LION TAMER FAILS TEST
IMtOVKS SKI.F FAIiSlFIEH IX A
NOVEL WAY.
Ksciiped From Kllis Island and Said
He Sawed Way Out, but Can't
Itepeat Performance.
NKW YORK. March 17.-After 18
hours devoted to sawing two of the
-v.-n-elghths inch steel bars of his cell
with improvised saws made of nicked
table knives, Francis Louis Boissanade
a lion tamer, who was set to the task
of making an official attempt to escape
rrom the Ellis island detention pen by
Immigration Commissioner Watehorn
gave up the attempt tonight. '
Rolssanade escaped from the same cell
last August with the connivance. Com
missioner Watehorn believes, of one or
more of the keepers. Upon being appre
hended in San Francisco a few days ago
he declared that no one had. assisted
him. and that it was by sawing the
bars of his' cell for 13V4 hours with table
.knives that he had gained freedom.
- It was to prove. If possible, the truth
of this assertion that Boissanade was
made to undergo the test In which he
has failed. Had he succeeded Commis
sioner Watehorn had promised to inter
cede for him at Washington and secure
authorization for him to remain In the
1'nlted States. Now he will be deported
and several suspected employes will be
discharged.
FIREMEN TURNED DOWN
Pennsylvania Employes Told They
Have Xo Chance in Arbitration.
;'; WASHINGTON. March 17. At a final
conference today between representatives
of the firemen of the Pennsylvania lines
with Chairman Knapp, of the Interstate
Commerce Commission, and Dr. Charles
P. Neill. Commissioner of Labor the of
HcImIs constituting a Board of Mediation
under the Erdman act the firemen were
Informed that such grievances as they
had submitted did not constitute a ground
for action by the Board.
CONDENSED NEWS BY WIRE
ri, ion l estimated at Iluo.tRK). "
Sprlnenel.l. ill After n stormy elon.
the recount commute, of the Legislature
x-'opte.l .i report Wedn-.rtav. recomnindlnI
Hint tli petition of Adlai E. Stevenion VoV-
recount of . o e ,- Gov,! ll
.November be dtamlaaed.
in ,':,",rl!;?';M.;:,,,,., ",'b"i to m
standard Oil Companies Ma. lntroduc'a"5n
He Kn Wedneay The measure pro-
.nj. loieiicn i-ornoraitons from
Mock In Mtt-ttaurl corporations.
holdlng
colnwdo sprinf. Colo. Kirteen thousand
persons paid honor to the memory of Gen.
. ... .......... miiirr, tounoer or Colo-
irtilo Spr1nn. whose rematna were laid t
V,,!lafy"ST''n Cemc'r" hel -on
Dayton, o. The proposed reception to the
wr.unt brothers upon their return to their
native city next June will be possessed of
National Interest. President Taft. the sec
retaries of War and of the Navy and tl-.v-ernor
Harmon are expected to be present.
CVIfUle Creek. Colo TTollowlnir hl faPure
secure an Aldermanlc nomination from
the Democrattc city convention. Alderman
W A Hnffnnh.r... n u ., . .,
IT3? hwd "vlded ?S200 between them. He
corport!ion.'"''er0 1,rihed V Public utility
iCew "ork The trustees of the Peabodv
Sr'J fund have decided to give to
Mabody College for teachets affiliated with
i? nri '5 ,XerKity nt Tennessee at Nashville.
fi 00- oitrleht to be used In paying
teachers for the Southern ata.tes.
R,-Unr?i,! luIt"- la-The grand Jury of the
btate District Court, which ii ir.vestl;atlnB
'?'holesale swindling charges against J.
v. Mabray and his companions, some'of
w nom are under arrest at Little Bock. Ark.,
was in session again Wednesday.
Laporte. Ind. Thomas McCarthy, who vol
untarily pave himself up last August at the
Indiana state prison. left the prison Wedne
oey a free man. having been pardoned bv
Oovernor Marshall. Returning, he presented
himself at the prison gate and asked to be
allowed to finish his term. .
St. Paul. An announcement was made of
sale Wednesday by William P. Davidson
or the Aberdeen Hotel and the Angus, a
family hotel, to A. C. Burdick, of Victoria,
X C Wynette. of London.
ynt- .The consideration Is said to have
property aDd a thlrd lnterest -he
i"S!ie,Clty- Tn "trlke in the Amer
ican steel Foundry Company's plant, which
began Saturday, when 4m men went out
virtually ended Wednesday. whca Super
the ndIJtMOSer and an "t chSsed
tronlfiS !.r ,w.hom blamed for the
their Hsts lWa' afler l'iOB him with
bo'kena?"7Arihur S. arrested in Ho
noken. Jv. J., two weeks ago. charged with
Mon,UrB.'i.ry 5umm"t"l In Vlrginil city.
' Tpl'1 from Sheriff Trauller. of the
wlshle ,o hereWednesday. The Pherlff.
voB. be. "haved. attached a weight
?T.T J" ,an Oregon boot." to one of the
prisoner's legs. The captive wriggled loose
adlrWe,l ofrlcer aro from the arber
chair, had disappeared. uiu-'
WILD tSWiugK
DASHES INTO MOXTRKATj DE
POT. KILLIXG FOUR.
Kscaping Steam Drives Out Crew and
Train Smashes Building.
Family Jjoses Three.
MONTREAL, March 17.-Four persons
o? "lCA .and 30 lnlured - theresult
of the blowing out of a washout pipe on
the locomotive hauling the Boston Ex
J''e . the Windsor-street station
On the t HnnriinTl VonlH. T3-.il j ,
L day wins nnuruaa nere to-
Three miles out from the station scald
ing steam filled the cab and the engineer
and fireman were forced to jump. The
JhM'i110?'. guiding hand at the
throttle, dashed into the station through
the granite rotunda, where the loco
motive, after demolishing one massive
pillar, was brought to a standstill by an
other The four persons killed were sit
Bry? women's waiting-room. They
MRS. W. J. NIXON, Montreal, her 13-year-old
son and 9-year-old daughter
M?nfre?,.VILLIERES' 12 V of
A score of men were knocked down
when the train crashed through the ro
tunda. The husband of Mrs. Nixon is a Oana
u3!1 lflc train dispatcher at Medicine
Hat, Alberta. He had secured leave to
come to Montreal to get his family and
Wmy7terB U at ",e tlon to greet
him after six months' separation The
mangled bodies of his wife and children
were lying on the platform when he
stepped from the train
CALHOUN JURY NOW EIGHT
Talesmen Tell Court of Attempt to
Influence Their Verdict.
SAN FRANTHSrvn ,-vr-i. i-
f,ont,lnt .the routl'ne ' Jury "examina
tion the attorneys engagred in the trial
TT.fl y-a,"oun- President of the
United Railroads, disqualified 23 tales
men today and accepted one. whose oriK
inal examination was begun last week
n?8,!" Cashman- secretary to a local
capitalist, was Twcud ,
eighth seat in the. jury box, after Assist-
...j 1 A"orrey t J. Henev had
withdrawn a challenge interposed several
days ago and the talesman had declared
himself able to try the casra falrlv
oi tne taiesmen examined today in
formed the court that his antecedents and
beliefs had been Investigated more than
a year ago by a man who represented
tumseir to be a magazine writer, and
that another man interrogated several of
his neighbors, seeking tn v,i
ions concerning the case. Just before
"J"""U"" anoiner talesman told Judge
Lawlor that at the time of the noon
recess todav h t-o n i j .
stranger who expressed the belief that
the trial was costing too much money
and that all the defendants should be
allowed to go unproeecuted.
GERMAN TRIES ACID ROUTE
Respondent Because of Bad Luck,
AVllliam Dignot Attempts Suicide.
Williftm TVirr-Yvn .
- . ..wv, a. itci limn, agea 4 U
years, despondent because of his failure
to secure emnlnvmnr.- u . .
- -1 " " . i u w u a aose
of carbolic acid about 12:30 o'clock this
a room at tne Oregonian
.uu......e-,luus, aL inira and Couch
streets
Sergeant of Police Klenlen was sum
moned and called the patrol wagon. In
which the would-be suicide was con-
"J tne ponce station, where City
Physician Zeigler was - waiting. Dr.
Keiclpr I . t. ri ...H -. ...i .. ., 1 ; i . . .
' oiicu H-iiuaores
and succeeded in doing all that was
possible for the saving of the man's life.
He U'uq i. n n . -.1 . 1. 3 . .
-- . .i . ' ' t-1 vjruuti oaman-
tan Hospital, where it was announced
....... i.d iirt.ii Buum cuance tor recovery.
1 li nnf v.. !.... j n . , .
, - .. . . a., i. ru in runiana
from San Francisco, and his failure to
secure employment, together with his
slight knowledge of the English lan
guage, is believed to have caused him
. ... tun.u uo w iiiieartea.
BURGLAR SHOT PROWLING
Lights Match and Makes Himself
Target for Bullet.
SEATTI.K Vh -v.io.v. i- ,o .
. .... - ... v . . i . . topeciai.
Carl Peterson, self-confessed burglar.
imv onu prooamy ratally wounded
bv Charles Ralrd ir. i . .
- t - . .... .6riu i in me
Northern Pacific Railroad, while looting
the sleeping apartments of the latter at
708 Columbia street, shortly after 2 o'clock
this mornlne. Peterw.n.1 fa . . i
. - . nun l me
Pacific Hospital.
Balrd was awakened hr o i . ...
prowling about his room. The special
nxrent oniilH riiswirn l. ; . . . . .
; " ------ .. until tne
burglar lighted a match. Whipping out a
revolver from beneath his pillow, Baird
yelled: 'Now, you've done lust about
enough, throw up your hands."
Instantlv evtininiishinc. . i.. i ; v. . -
match, the burglar dropped to the floor
at the foot of the bed just as Baird fired.
i-eterson is expected to die.
CAMBRIA WORKS WILL CUT
Huge Steel Concern to Reduce
Wages or 18,000 Employes.
JOHXSTOWK. P., March 17.-The
l ambrla Steel Company, which, when in
run activity, employs 1S.0O0 men. an
nounced today a HI per cent reduction In
wages, to take effect April 1.
THE MORyiXG
SPORT PERFECT
FOR ROOSEVELT
Hungarian Returns to Mom
basa From Hunt After
Hippopotami.
LIONS PLENTY, BUT TAME
Stalking of Eland, Gnu and Oryx
Perfect Governor Will Lend
Roosevelt Trained Elephant
for Trip in Vganda.
MOMBASA. British East Africa
March 17. Interest in the prospect for
p?rt '"e coming season, stim
f the mns of Theodore
Roosevelt has brought detailed reports
bast movements of same into Mom
Baron Tallyan de Vizente, a promi
nent Hungarian who has returned from
tru"l,ng trip' reP-ts splendid sport
with hippopotami on the upper Tani
Klver, and for the shooting of this
game he recommends the district be
tween Athl and the Tani rivers. The
r?d' fJlU and oryx talking is per
'e. ' wlth e exception that hunters
or this game are constantly interfered
with by the unusually aggressive rhi
noceroses. Lions are plentiful, but
with some exceptions they seem to be
timid.
A man named Smith, the leader of
the party of Transvaal Boers who re
cently settled in this country, was car
ried to the hospital at Nairobi yester
day terribly mauled by a lioness. No
black mane lions have been seen thi-
year.
The Uganda commission hopes Mr
Roosevelt will visit the big camp in"
l-ganda. where natives suffering from
the sleeping sickness are cared for
Mr. Roosevelt wil be entertained' In
1. ganda by H. Hosketh-Bell. Governor
of the Uganda Protectorate. The Gov
ernor will offer Mr. Roosevelt the use
or a trained elephant to facilitate trav
el through the country infested with
the dangerous tsetse fly.
ROOSEVELT NOT TO MEET TAFT
Unless President Goes to Oyster Bay
Big Men AViil Xot Confer.
OYSTER BAT, N. Y., March 17. Ex
president Roosevelt said today that he
will not leave Oyster Bay again before
Monday next. His decision precludes
between t'e ex-president
and President Taft during the latter's
visit to New York on Thursday and
Friday, unless Mr. Taft should decide
to run down to Sagamore Hill.
RUSH TiffiMttlL
PROSECUTOR REPLIES TO MAXY
CHARGES. .
Implies Additional Trouble for De
fendants in Muskogee Town
Lot Fraud Case.
OMAHA, March 17. Sylvester R. Rush
special assistant to the Attorney-General
of the United States, in charge of the
Oklahoma land-fraud cases, referring to
certain statements published recently,
said today; "
"As to the charges of improper prac
tice and conduct made against me by the
defense in the investigation of the Mus
kogee town-lot frauds, wherein indict
ments were returned against Governor
C. N. Haskell and six other persons of
charges of defrauding the Government
and the Creek Indians of their lands I
have this to say. that like the news from
the Potomac, these charges would be im
portant, if true: but. unfortunatelv for
the defendants, they are absolutely false.
"When the Government shows 'up as
it will be able to do. the corrupt influ
ences and intimidation resorted to to
influence the several, grand jurors to
make false statements to Invalidate the
indictments, certain persons will have
trouble enough to last them a lifetime."
FRENCH TELEGRAPH STILL
'Continued on Page 3.)
are at a standstill, owing to the lack of
quotations from foreign exchanges.
Strikers Stand Firm.
The Foreign Office, in the midst of the
Balkan crisis, is unable to communicate
CHORUS GI11L SUES COUNT
KOR BREACH OF" PROMISE.
GriM Couklyn.
NEW YORK. March 17. (Spe
cial.) Grace Conklyn has sued
Count de Savigny for $50,000 for
breach of promise. The papers
were served on him at the St
Regts. The Count is the great
grandson of Lavoisier, who dis
covered oxygen. He is a rrfem-
ber of the firm of Savigny
freres. cnemists of Paris. Miss
tonklyn is one of the chorus of
the "Queen of the Moulin Rouge"
company Miss Conklyn claims
that the Count took her to divers
suppers and made a trip to the
A est with her.
IHiWfetSfiiii
- - - . A
aiihw, . . ? y j
t
OREGOXIAX, THURSDAY,
with its representatives abroad and. while
the government continues to insist that
it cannot surrender to its rebellious serv
ants, it is apparent that the measures
thus far taken to suppress the strike have
been ineffective. Threats of suspension
and dismissal have served only to bring
the employes into closer union. Reserve
operators summoned from the country
districts refuse to work. The military
telegraphers, through whom it was ex
pected to re-establish wire communica
tion, were almost heipless before the dam
aged switchboards and instruments which
the strikers left behind. Besides, it is
now realized that it is Impossible to re
place thousands of trained men in a mo
ment. .
It was intimated tonight that the
Government would find a way out of
the difficulty by putting M. Barthou.
minister of public works, posts and
telegraphs, in charge of negotiations
with the strikers. Behind him M.
Simyan, the undersecretary, could, for
the present, efface himself. With any
one except M. Simyan to deal with it
is believed the strikers, the vast ma-
1 0 T" I f V n f nrVinm T- -. 1 i .. V. ,
, -- - .. . ...... Benuusneea
of the offense they are committing
"Bunst tne puonc, would soon come to
terms.
Public sympathy is against the strik
ers, and it is considered that their
grievances are trival compared with
the interests that are suffering.
There appears to be no danger of
violence, unless the labor organizations
attempt demonstrations tomorrow
which is a public holiday. The gar
rison at Versailles is held in readiness
to reinforce the Paris troops in case
of emergency.
EXTENT OF STRIKE H111EN
London Regains Wire to Paris.
Great Blockade of Telegrams.
LONDON, March 17. The demoraliza
tion of the Paris postal and telegraphic
services is becoming a serious matter for
the rest of the world. The French au
thorities, it is believed here, are trying
to conceal the extent of the strike, which
seems to be extending gradually to the
large provincial towns, although many
dispatches from places outside Paris are
received In London with small delay
Paris itself was entirely cut off tele
graphically. About 9 o'clock tonight direct telephone
service between London and Paris was
resumed and continued tp work through
out the night. In spite of the use of
every possible route between London and
the French capital, there has been an
enormous daily accumulation of unsent
r? here- U ,s deel"red there are
200.000 telegrams and 2.000,000 letters un
delivered in Paris.
BEPUBLICsWrl PEACE
SOUTH AMERICANS FAVOR IX.
TERVENTIOX.
Brazil, Argentine and Other Nations
Believe Tropical Wars Are
' Menace to Continent.
WASHINGTON. March lTMuch inter
est is attached to the note which Sec
retary Knox dispatched yesterday to
Senor Espinosa, the Nicaraguan Minis
ter. The note is supposed to contain a
statement of the Government s altitude
on the Emery claim, which the Vnited
States has been trying to have arbitrated
for years.
That the permanent establishment of
peaceful conditions In Central . America
may be brought about bv the United
States and Mexico is the opinion held, and
the wish expressed, by the large South
American countries, according to a state
ment today of a prominent Government
official and a close student . of Latin
American affairs. He declared that there
had been a change of attitude in these
countries toward the United States, an
attitude which would not have been pos
sible several years ago.
He pointed' out that the administration
papers in Brazil, Argentina and other
countries wpn f..v..,in ., ... .- ... . , ,
. ... b aii,un uy tins
Government vigorous enough to force
Vcmlal American republics to realize that
the welfare of all the American repub
lics demand that they- remain in peace.
ISLAND FIGHT IS PUZZLE
War Department Cannot Locate Re
ported Clash With Moras.
WASHINGTON. March 17.-AlthougU
more than a week has elapsed since the
. tn.i oeiween Hostile Moros and
Lieutenant Leonard Furlongs detach
ment of Philippine Constabulary, no word
of the engagement has reached the War
Department. Officials are disposed to
think that the Bordong, mentioned in the
Manila dispatch as the place where the
fight resulted, refers perhaps to the Bul
doon region, which for a time has been
notoriously unsettled and where a bad
element unfriendly to the Americans ex
isted and found it a safe retreat
What is known as the Lake Lanao of
Mindanao contained, according to the
Philippine Commission's report of 1907
the most turbulent Moro element in the
island: and in spite of frequent punish
ment meted out by the constabulary to
many recalcitrant Dattos and other fol
lowers, there still were a number of out
laws at large on the east side of the lake
This district, however. Is to the north
of that of Cotabato, in the principal town
of which Lieutenant Furlong has com
mand of a company of constabulary, and
in which is located the Buldoon. region.
DENVER RATES NOT FAIR
Interstate Commerce Commission
Says - Readjustment Necessary.
. WASHINGTON, March 17.-It was held
e Interstate Commerce Commission
todaj- that the present adjustment of the
freight rates from Missouri River points
to Denver and to Utah common points
were discriminatory against Denver in
favor of Kansas City and other Missouri
River crossings, and that the class rates
from Chicago and St. Louis to Denver
were excessive and unreasonable and
should be reduced.
Class rates from the Missouri River to
Denver and from Denver to common
points were held to be unreasonable and
excessive, but no order was made re
ducing the rates, and it was obvious that
they would have to be adjusted in har
mony with the principles announced in
the Spokane case. The decision was ren
ed.Jn he case of George J. Kindel
and the Denver Chamber of Commerce
a"""l nous eastern railroads.
Kills -Would - Be Slayer.
A merciless murderer is Appendicitis
with many victims. But Dr. King's
thW Llfli PHI" kill It by preveitlfn
LhHyhSen,ly simulate omach T";
and bowels, preventing that clogging
that Invites appendicitis, curing Consti
pation. Biliousness. Chills. Malaria7
Headache and Indigestion. 25c at all
druggists. a"
Ackerman Heads Commission.
5,L?k r - ?Iarch I" SpeciaI.)-The
State Library Commission today elected
State Superintendent J. A. Ackerman
chairman, to succeed Senator Chamber
lain. Rosenthal's pumps fit at the heel.
MARCH 18, 1909.
COOPER JURY MAY
IT FIND VERDICT
Many Indications That Case Is
Likely to Result in Mistrial,
. Say Court Officers.
JURORS RECEIVE CHARGE
Judge Hart Adjourns Court
Till Day Passes After Reading
Three-Hour Charge Long De
liberation Is Expected.
NASHVILLE, Tenn.. March 17. With
indications that the jury late tonight
was still far from an agreement, the
opinion began to prevail that a mistrial
would be the termination of the fa
mous case against Colonel D? B and
Robin J. Cooper and John Sharpe,
charged with having murdered ex-Senator
Carmack.
Judge Hart evidently did not expect
I f ear,y verdict, for at 4 o'clock he ad
1 journed court and started for his coun-
"'u. jing ne would not return
to receive a verdict until tomorrow.'
Expect Long Deliberation.
Judge Hart began bis charge to the
jury at 9:30 and finished at 11-25
o clock. The charge consisted of 62
typewritten pages, 400 words to the
page. Judge Hart has declared his in
tention of holding the jury together for
a week or two if necessary to get a
verdict. '
The jury returned to its room at 2
P. M., after having gone to lunch. There
were no indications that a verdict
would be reached verv soon.
At 3:05 P. M. the deputies on guard
outside the jury room reported that
the jurors in tile Cooper case were en
gaged in a vigorous argument
Reading of Charge.
The stenographers had worked all night
on Judge Hart's charge, which contained
over 20.000 words. Lawyers say it is the
most comprehensive and clear charge
ever delivered In a Tennessee court and
includes in the theories of state and
defense a digest of the testimony of
every witness who testified on either side.
When the Judge began to read the court
room was' packed to the four walls.
"The law makers thn in.ll. . 1.
j ... i witness
or the law. remarked Judge Hart, "so I
will now take the witness stand and give
my testimony."
He left the bench, walked around to
the chair which has been the center of
attraction for two months, and began to
read. Sheriff Borum had a dozen depu
ties scattered through the room and in
addition a detail of 10 uniformed patrol
men were stationed around the bar.
"I do not anticipate any demonstra
tion, he said, "but I will run no risk
of having one at the eleventh hour."
After reading the indictment. Judge
Hart said:
"While this Indictment contains but one
charge upon Its face in contemplation of
law. it embraces four distinct felonies:
'Murder in the first degree; murder in
the second degree: voluntary manslaugh
ter and involuntary manslaughter. With
out reference at present to the facts of
this particular case, I shall now explain
to you what in law It takes to constitute
each of these different offenses."
Judge Defines Crimes.
Judge Hart then at length defined the
various felonies mentioned. .
'Previous threats by the deceased
against the defendant, or acts of hos
tility toward him, or violent abuse of
him, how violent soever it may have
been, or trespasses upon his property "
continued Judge Hart, "is not such
provocation as the law recognizes as
sufficient to reduce an unlawful kill
ing to manslaughter, if the killing was
done at such time as had lapsed after
these things had been done as a rea
sonable person would have regained
self-control, and a killing under these
circumstances would be deemed by the
law malicious, and not the result of
provocation, and therefore murder. In
other words, if there had been suf
ficient time for the passion to cool, the
provocation will not mitigate a subse
quent killing to manslaughter. The
question is not wlieh.tr the blow was
actually struck in the continuance of
passion, but whether there had been a
: .. . ' '
OH I
mi m iili at mw
'"it!:: fei; .yfflaU
m w ill'1 ,M, ml ,iiw Mmmw
LARGEST SALE OF HIGH-GRADE
TEA IN THE-WORLD
50c, 65c, Z5c, $1.00
PER POUND
UNIFORM PRICES AT ALL GROCERS
Our teas show a living profit to the grocer and a
square deal to consumer.
SAN FRANCISCO & PORTLAND STEAMSHIP CO
piy FARE
UPPER DECK $15
S. S. SENATOR
T W BlVCnw n if DO K' I'" FRIDAY, MARCH 19.
M. J ? n ?Ca o118111 Dock- Phone 268.
ROCHE, C. T. 142 Third St. Phones Main 402. A 1402.
Mi 1
I -:: I
f. .T re .
SELF-REDUCING No. 405
The Famous "Nemo"
and "Smart Set" Corsets
FOR SPRING 1909
Demonstrated and fitted ; today by Tvlrs. A. L.
Craig, the expert corsetiere, direct from the
Nemo offices in New York
These famous corsets will be demonstrated by the
JNemo Company's own corsetiere during the pre
Jiaster season only at the store of their leading Port
land agency Lipman-Wolfe & Co.
Opn ian,
We Invite Portland Women to See the
New Novelties for 1909 in
Suits, Dresses, Waists,
Millin ery, Jeclcwear,
Jewelry, Veilings, Hair
Ornaments, Etc.
We show more exclusive patterns in silks and dress
goods than any other store. New goods in all Depts.
reasonable time for the passion to cool
in the case of any ordinary person.
This must depend upon the circum
stances of the particular case .under
investigation.
"You enter upon this investigation
with the presumption that the defend
ant is not guilty of any crime, and
this presumption stands as a witness
for him until it is rebutted and over
turned by competent and credible
proof, sufficiently strong to satisfy
you beyond reasonable doubt that the
defendant is guilty of some one of the
offenses which have been heretofore
defined and explained to you."
Heavy Tumor Removed.
LA GRANDE, Or.. March 17. (Special )
-Dr. Phy. of Hot Lake, has removed a
wnwf
-il U' KJ m
,r ii r in i' i n Ml f m fit i
Jjl
3
FIRST-CLASS
Berth ,
and
Meals
Included.
SECOND-CLASS $S
gioifc & go
' I
tumor from a : patient that weighed 56
pounds. The patient survived the opera
tion. ;
Do You Want
Those Aching
Eyes Relieved?
Consult
Thompson
III
He will advise
you Just what
is necessary to
stop the prog
ress of the dis
ease and re
store the eyes
to their n o r
mal condition.
No time lilrM
SINE YEARS IN
. PORTLAND, TWO
YEARS I. THE
LEAD G EYE
CL.IXICS OK
EIROPE
the present. No
I n s titutlon in
Portia nd so
s c i e n tifically
e qu l p p e d.
Every pair of
T h o m p son is
Kuaranteed
THOMPSON
Suite 209
Corbett Bid.
5th S Morrison
Booth's
Crescent
Brand
CALIFORNIA
urn
iKEREL
Prepared for the
purpose of
pleasing the palate
Pkckd In
sPc, Muittrd or Tomtte
Sauc, s you prfer
l'or Sale Everywhere.
MONTEREY PACKING CO.
Monterey, Cal.
S. W. HUGHES
AOCMT
Worcester Block
Portland, One.
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I , - A i
ii