GORDON'S DEFENSE MOVES FOR TRIAL Causes Sensation by Asking Charge of Embezzling Be Brought at Once. OBJECT IS TO FORCE ISSUE Contention Is Gordon Is Held to Answer Charge Without Due Process of Law If Refused, Writ Will Be Asked. SPOKANE, Wash.. March 17. (Special.) A sensation was created this afternoon by the unexpected filing of a motion by Potter C. Sullivan, or counsel for the de fense, that M. J. Gordon, former attor : ney for the Great Northern Railroad, be , granted trial at once on the charge of , embezzling $3200 of the company's money. The move of the defense Is believed to be for the purpose of forcing an issue to raise the contention that Gordon is being held to answer a charge without due process of law. It is anticipated that un less the court sets the case for trial Sat urday, his attorneys will begin habeas corpus proceedings. Accompanying the motion is a notice that it will be brought up for hearing Saturday. When Judge Gordon was ar raigned before Judge Hlnkle on January 27 and entered a plea of not guilty, the court set the case for trial on March 11. It was understood at that time that In case Attorney t"rank H. Graves, who was about to start on a vacation trip; was back in Spokane, the order fixing the date of trial would be vacated. When the grand Jury was called. Judge Hinkle put the case over to the April term. GRAND JUROR IS MISSING Vordon Inquiry Will Be Postponed Several Days. SPOKANE. Vash.. March (17 (Spe rial.) The unaccountable absence of H. f . Ball, of Cheney, one of the members .of the grand Jury, was reported yester- , day to the court by Ben W. Davis, fore man. Ball has failed to attend since Tuesday. The Sheriffs office has tried to reach him. but without avail. Judge i lluneke instructed the grand Jury that a member could be relieved from attend ance for a day or two, if he presented a satisfactory excuse, but Ball had said nothing to the foreman. The grand jury adjourned at noon to day to meet tomorrow morning, when Investigation of the cases of prisoners now in the County Jail, against whom charges have not yet been preferred, will bo considered. : The inquiry into the Gordon case will be postponed for several days. Prose cuting Attorney Fred Pugh left tonight - for Olympia, where he will argue before the Supreme Court the question of the right of having a stenographer take trra testimony given by witnesses before the grand Jury. NOTE GOOD, MORTGAGE NDT FAR-REACHING DECISION REN. DERED BY JUDGE GALLOWAY, Holds They Are Separate Instru ments, Right to Foreclose Must Be Brought In Ten Years. SALEM. Or., March 17. (Snecial.) Judge William Galloway this Afternoon rendered a decision in the case of .W. M. Kaiser and Angle L. Warren, as co executors of the estate of Tllmon Ford deceased, plaintiffs, vs. C. M. Idleman W. M. Black, Kleanor A. Black and the City of Independence, defendants, that promises to be of far-reaching import ance. The decision holds In effect that a note and mortgage are two separate in struments; that a suit to foreclose the mortgage .must be brought within ten years after the right of suit accrued, and that conduct upon the part of the mortgagor which keeps alive the note as to him does not keep alive the right tf suit upon the mortgagor to third persons. The demurrer to the complaint was overruled as to all the defendants ex cept C. M. Idleman, of Portland. In other words, the court says that C M. Idleman can be held for the pay ment of a promissory note for $4000 in favor of the deceased. Tllmon Ford, but that the statute of limitations has run against the nioHgajre upon over 250 acres of valuable land situated , near this city,- given in security for the' note, and that suit for foreclosure cannot be brought against the land, which Is owned by the defendants, Mr. and Mrs Black. JOHN HILL LEAVES TAC0MA Northern Pacific General Agent Is Transferred to North Yakima. TACOMA, Wash.. March 17. (Spe 'cliil. John W. Hill, general agent of the Northern Facirtc in this city, has been transferred to North Yakima, ac cording to a report in railroad circles today. Mr. Hill will have charge of the Yakima territory as commercial agent. It is reported that the office of general agent in Tacoma Is to be eliminated, according to a decision a few days ago at a conference between Second Vice President Hannaford, Third Vice-President Levey and Henry Blakeley. gen eral Western freight agent of the Northern Pacific. Mr. Hill declined to talk about the change saying that Mr .Blakeley's of-tU-e is in charge of the matter. It is . hum that the employes In the generai agent s office, will be transferred to Mr. Blakeley s office. MAN CARRIED OVER FALLS Ii. F. Hostetler P unges to Tragic Death at Silver Creek. S1LVKRTOX. Or.. March 17.-(Spe-ial L. F. Hoaietler. a mill-owner at Silver Creek Kalis, was drowned last night while attempting to prevent a raft of ties from going over tlie falls. The raft was tied above the falls, and the strong cur rent and heavy head of water threatened to loosen it from Its mooring. Mr. Hos , tetler and an employe named Killon were endeavoring to keep the raft from dxifttaK down, mien one of the ropes broke. Killon was furthest from the edge 1 ui T-no rails, ana ne tried unavailingly to 1 rnuih T!n--nt i r. . . i l-. i . 1 -. n . , i L. i. iclil ntuveu LOO swiftly to the edge of the dam. The accident happened so quickly that the escape of Killon himself was a hair breadth one. The parting of the hawser slewed the logs around and the weight of the current and the close proximity of the falls gave an irresistible force to the raft. Hostetler, when the rope broke, tried to retrace his steps to shore over the tumbling Timbers, and Killon, with one last effort, endeavored to reach his companion, but the water swept Hos tetler over the dam before his horrified companion's eyes, and it was only almost by a miracle that both men were not carried down by the sudden rush. The pool below the 182-foot falls is es timated at least 25 feet deep, and from the minute Hostetler disappeared over the dam. the logs piled up on the surface of the po-jl in a perfect torrent of crashing wood. Even If Hostetler Tiad been an accomplished swimmer this bombardment of logs would have crushed 'his life out. Mr. Hostetler was also a minister, oc cupying the pulpit of the German. Lu theran Church. He was about 55 years old and leaves a wife and a family of children. Search for his body was begun at once, and the creek has been dragged with grappling hooks since the drowning. The searchers contemplate the use of dyna mite to raise the body in case the 'boats do not succeed shortly in their efforts. The accident has plunged Mr. Hostetler"s family in mourning, and caused univer sal sorrow among his congregation and his numerous -friends. DLYMPIA ALSO IK ERROR MISTAKE CUTS DOWN UNIVER SITY FUND $6O00. Another Also In Game Law Destroys Upland Hunting In State Till 19i2. OLYMPIA, Wash.. March 17. (Special.) By writing a 2 for a figure 8 the legis lative clerks have cut down the appro priation for the State University $6000. Other errors due to the rush of the clos ing day and careless clerks are being discovered daily. The game law, which destroys upland hunting in, this state, is an example. When the game law was up, Senator Paulhamus offered an amendment" pro hibiting killing any upland birds except grouse until 1912. He declared the Chinese pheasant and quail are of immense benefit to fruitgrowers and should be protected so they will destroy fruit pests.. The Senate adopted the amendment but the House rejected it and the Senate voted to concur in' the rejection. So the legislative records show, but the bill which went to the Governor and which he signed, carries the amendment. DIVISION IS AGREED UPON Competing Lines In Walla Walla Volley Settle Territory. WALLA WALLA. Wash.. March 17. (Special.) W. H. Mathis, who is at the head of the Columbia & Walla Walla Traction Company, tonight authorized the following statement: "I met with Isaac W. Anderson, of the Walla Walla Valley Traction Company, and Attorney Kerr, of the Northern Pa cific, and we agreed to a division of ter ritory in the Walla Walla Valley. We concluded that there is room for all of us. and rather than engage in an expen sive warfare, we will build into exclusive territory." There are several different traction companies organized for the purpose of building lines in this section, and the re cent publicity given to the plans of the Columbia & Walla Walla Company haa caused the others to become exceedingly busy. Howard Elliott, president of the Northern Pacific, is due to arrive in Walla Walla before the end of the week, and it is believed he came to take a hand in the division of the Walla Walla terri tory. REMAINS STREWN 15 MILES Yonng Logger Meets Horrible Death While Stealing Ride. SEATTLE. Wash., March 17. (Spe cial.) Glen Downs, a young logger from Stillwater. Minn., was killed under a train of the Great Northern Railroad last night while stealing a ride on the brake beam. His remains were found this morning scattered all the way from Low ell to Monroe, about 15 miles. A leg was picked up at Lowell, part of the trunk near this city and several pieces with some clothing and a blanket were found near Monroe. A letter and a hospital certificate iden tified the remains, which were ground beyond all resemblance to a human body. All this morning the section crews brought parts of the body from along the track. A cousin of the dead man. E. M. Downs, is supposed to be a resident of Everett. CHARTER CAUSES WORRY Iia Grande Proceeds With. Water System, Regardless of Flaws. IA. GRANDE, Or.. March 17. (Special.) Problems arising out of a decision bv attorneys for the American Light & Power Company, of Kansas City, relative to the legality of the city charter re cently adopted, are causing considerable study. The City Attorney has ruled a special election must be held again either to repect or accept the charter. The weak spot in the charter is a technical one. The preliminary work for constructing the iieo.000 water project ' will proceed regardless of the fact that the charter under which the bonds were floated is at present at fault. It will require 60 days to hold another election. Prisoner's Confession Verified. ASTORIA. March 17. (Special.) Adolph 'Vfirdstrom. who murdered .Inhn the railway construction foreman at Tilla mook a short time ago, confessed to Slierlff CVer.ehaw, of Tillamook County, inai me siioiguii iui w men ne Killed his victim was one he stole from Charles Bays, of this city. He also told where he i u 1 1 1 1 ( H tticw em rnsp h tir-i If pnn,A. received a telephone message from Tilla mook this morning regarding the matter and after a few minutes' search he found the gun case under, a pile of rubbish in the yard back of an Astor-street saloon. Trouble in Jap Colony. ASTORIA, March 17. (Special.) A few nights ago Tom Manesato, a Japanese, was stabbed while asleep in bis room over a local Japanese restaurant and severely injured, but the matter was kept quiet until this morning. It appears that the assailant, whom Manesato, says he be lieves was another Japanese named Naka jama. entered Manesato's room in , the dark and stabbed him through the bed clothing, inflicting a severe, but not dangerous wound in his thigh. Nakajama has eince disappeared. THE MORyiXG OREGON I A X, THURSDAY, MARCH 18, 1909. HAYOH IS EXCITED HEFEHEE SEATTLE EXECUTIVE FORGETS TO PILL GOXG AT BOUT. Interest So Great in Match He Al lows Boxers to Pummel EacU Other Four Minutes. SEATTLE, Wash., March 17. (Spe cial.) It has just leaked out that John F. Mli:;r, Mayor of Seattle, which in cludes West Seattle, Ballard , and threatens Georgetown, acted as time keeper in a boxing match last Monday night. His honor kept the fact a pro found secret, but the details were learned today. The streetcar men have for a long time been accustomed to have' an enter tainment once a month, and to the last one Mayor Miller was Invited. The Mayor was there with all his dignity. He was asked to pull the gong in a box ing match between the Williams brothers. The Mayor warmed up to the bout like a sick kitten to a htt brick. When the representatives of the Will iams family were going at top speed his honor forgot to pull the gong sig nifying the end of the round, and the brothers cuffed each other four minutes instead of two. Both boxers were in a state of collapse when the Mayor finally sounded the gong. PRESC0TT GUEST OF HONOR Senator Bourne's Xew Secretary Is Complimented at Salem. SALEM. Or.. March 17. (Special.) Thirty state officials, attorneys and prom inent business men were guests tonight of the Salem Press Club, in honor of A. W. Prescott. retiring staff correspondent of The Oregonian. who leaves Thursday for Washington to act as private secre tary to Senator Bourne. Prescott's work as a newspaper man was lauded by the speakers. PIONEER MINISTER IS DEAD Rev. Robert Dunlap Passes Away at His Home at Stewaj-ts Station. Rev. Robert R. Dunlap, one of the ear ly pioneer Methodist ministers of the Pa cific Coast, died yesterday at his home at Stewarts Station, on the Mount Scott railway, aged So years and 11 months. Rev. Dunlap went to California in 1850. and became a minister of the gospel on the frontier of the Golden State, preach ing in the cabins of the settlers and camps of the miners. He was in the ac tive ministry in California from 1S50 to 18S0, when, he went to Washington. Af terwards he moved to Vniversfty Park PIANO REBUILDING Should you possess a fine old Checker ing. Kimball, Weber, Sohmer or other piano of reliable make, that is much worn by long and faithful service, don't throw It away or sacrifice it for less than its actual value. We can restore many of its original qualities you re tain the old sentiment and associa tions, besides having your piano put into condition to render you several years more good service at very small comparative cost. We are en larging our factory and will make a specialty of rebuilding work. Call us over the phone and we will have an expert visit you at your resi dence to estimate, cost of complete re pairs on any such work you might de sire. Kilers Piano House, 353 Wash ington street, Portland, Or, AND PUBLIC RECEPT PORTLAND' BARGAIN STORE THIS EVENING, MARCH 18, 1909 RECEPTION TONIGHT 7:30 TO 9:30 O'CLOCK MUSIC The well and favorably-known Stiles' Orchestra wM entertain our guests all evening SOUVENIRS In token of our appreciation of your visit, we have prepared beautiful souvenirs to be presented to our guests. They consist of fancy decorated chinas and art pictures of high character. Accept these as our oift and enjoy with us the splendid music by Stiles' Orchestra. - YOU ARE WELCOME POSITIVELY NO GOODS SOLD TONIGHT where he lived until he moved into the Mount Scott district. He had a remark able experience in California and had a rich fund of interesting incidents. He is survived by his wife and the fol lowing children: S. M.. J. W., W. H., F. O. and B. A. Dunlap. of Portland: S. T. Dunlap, Mayor of Gilroy, CalJ; Rob ert Dunlap, clerk of the Supreme Court at Los Angeles. Cal. The funeral will be held this afternoon from the Laurel wood Methodist Episcopal Church at 2 o'clock, and the interment will be In Multnomah Cemetery. Rev. and Mrs. J. D. Corby returned from Seattle yesterday, where they spent LEVY'S ENTIRE STOCK of Musical Small Goods, Sheet Music, Etc 20c to SOc on tlie Some of The Prices GUITARS t'ZYZ'Z rf f?2 u!ar $5-9 Levy's reg. $25 Guitar. .. SIO.OO Levy's reg. $15 Guitar.' '. '.S7'.oO MANDOLINS Levy's reg. $10 Mandolin. $ 5.00 ""J es- ivianaoiin.jgia.5u BANJOS T.eVV" V- cvrr t '1(1 T" , $10.00 Levys reg. $45 Banjo $20.00 MUSIC Music Roll.. 25 Levy's reg. Levy's reg. 50c ?1 Music Roll DUc VIOLINS regular $ 5.00 Violin, regular $10.00 Violin, regular $23.00 Violin, during the during the during the i-eeuiar fou.uu violin. Of 200 years old! and aU ar? in excellent conn.1"6"1 De,0lf UPWardS All Levy's Sheet Music BthIV PPU.lar. classl?a. 2 to 15 a copy. Mandolin, guitar and r.l-.mUnn f.ollosvKSUlar 50c. 75c and $1 values, now one-half price! In tSalrronfW',. makes--tlfis Prices, included Talking Machines Reduced A number of latest style Talking Machines will go at greatlv reduced prices. We have no room for them in addition to our regular Ues and tney must go quickly. A vast assortment of brand-new Disc Records, retailing regularly the world over at 60c each, will be Included in this sale at 30 each. Right reserved to withdraw this offer at any time. Talking Machines Cabinets Records 111 Fourth Street, af ii NEW SCREAT Ui FOR THr r.orAT Corner Third and Yamhill Streets a few days in the interest of Sunday school and reform work. Mr. Corby spoke Sunday evening at the Boylston Ave nue Unitarian Church before a large audience on "White Slavery, Its Preven tion and Cure." Just One Saloon Tor Breweries. BOISE, Idaho, March 17. Governor Brady signed today the bill prohibiting breweries, distilleries and wholesale li quor dealers from owning or having an interest in more than one saloon. New York's latest novelties in fine footwear at Rosenthal's. levy s reg. I3Q Guitar. . .$15. OO Levy's reg. $40 Mandolin . S18.00 Levy's reg. $50 Mandolin. $32. 50 Levy's reg. $65 Banjo ilt35.nn Levy's reg, $7a Banjo S42.50 ROLLS Levy's reg. S3 Music Roll. SI. 50 $4 Music Roll.$2.00 Levy's reg. sale a s sn sale "S ?"KI sale "12"Kn $-1.00 TALKING MACHINE, reduced to S9.00 28.O0 TALKING MACHINE, reduced to S1S.OO S30.O0 TALKING MACHINE, reduced to" S18.00 S40.00 TALKING MACHINE, reduced to S23.00 50.00 TALKING MACHINE, reduced t0 S35.00 CttO.OO TALKING MACHINE, reduced to '- 840.00 S75.0O TALKING MACHINE, reduced to 650.00 4000 60c Disc Records, 30c North of Washington .IekI ION .. WORKING PEOPLE THE PNEUMONIA SEASON MORE DEATHS FROM PNEU MONIA THAN FROM TU BERCULOSIS. Pneumonia an Infectious Diseasa. It Can Be Prevented A Remarkable Record, CFrom the De Moinea Register and Leader. "Why has this season of the year becom known as the pneumonia season? Why dur ing the closing week of the old year were there more deaths in Chicago and Kew York from pneumonia than tuberculosis? Why are pneumonia and related bronchial trou bles beginning to take the place of tubercu losis as the dread scourge of city life? Simply and solely because we are devoting too much ingenuity and energy to dodging the fresh and invigorating winter air that every twelve months refrigerates our latitude. It is believed now that pneumonia is an infectious disease, and that in the cities where the death rate is growing so rapidly it is communicated in the heated and crowded cars. A nickel is so small, and the cold air is so chilling, that the American people are for getting how to walk. The old time red that burned the cheek of childhood does not visit a mature face on an average of once in th twelve months, not even the red of a chilly and pinched nose. We are getting afraid of the climate, and as a result, the climate ia taking its revenge. v T!1?,f re habit of turning up coat collars has killed thousands of people, and the fur r u i Iong list to its account. for no part of the human btxiy becomes delicate more ouickly because of superfluous covering than the throat. And yet we are multiplying devices for turning np more coat collars. It is not too early to recognize that this is all wrong, that our climate is here to stav, and that if we are going to live in it with" com fort we mnst accommodate ourselves to it. It will pay to keep on good terms with the climate. A great many have learned that pneumo nia may be avoided by taking Chamber lain s Lough Keraedy whenever they have a cold. Among the tens of thousands who have used this remedy for colds and grip during the epidemics of the past few years, we have yet to learn of a single one having had pneumonia, which should certainly con vince the most skeptical of the valne of that preparation. Its remarkable cures of colds have made it a staple article of trade and commerce throughout the United States and In many foreign countries. FOR WOMEN ONLY Ir. Sanderson's Compound Savin and Cotton Root Pills, the best and onlv reliable rem edy for FEMALE TROUBLES AXD IRREGULARITIES. Curn the 11 iu t nhitinntii in 8 to 10 days. Price $2 per box. or 3 for to; mailed in plain wrapper. Ad dress T. J. PIERCE, 316 Alisky bide. 265 Morrison St.. Portland, Or. ANNOUNCEMENT OF AWARD J Jose Vila U Habana Cigars H Received First Award for General H Excellence, quality, workmanship 11 and selection from a Jury of g Award (five experts) at Tampa Jixposition ; a dependable state ment that it is the best. Made in Sixty Sizem 3 for 25c to SOc each BERRIMAN BROS. Makers Tampa, Fla. Ask your Grocer for Vmth Plantation Go's extra fin dry granulated H you want an absolutely pure Cane Sugar HAND Is especially valuable daring- the Summer season, when outdoor occu pations and sports are most in order. QSASS STAINS, MTJD STAINS AND CALLOUS SPOTS yteld to it, and it is particularly lagreefiis when used in the bath after, violent exercise. Women, a Specialty The weK-known S. KL. Cham Chinese Medical Company, with wonderful herbs aol roots, has cured many suiTer ers when all othti- ai..i t gi'b- have failed. Sure cure (nuK ' J chronic, private dfaeaa. nr MRt 7 If PIMM ousnesa. blood p ton. rheum UiHJ.0. ft.unrtil tism. asthma. throat. luugu troubles, consumption. stomach. hladMi kidney and diseases of all kinds, RmUa harmless. No operation. Honest trAUon Examination for ladles hr Mrs. K, Vfcsw TILE CHUNE8G MK.PU1.NK 2V4 Morrison bU btft, fclret 4 Ma4. If CAMPBELL iyrf ft. m EEGAH CO. SW- g Distributors. VteV If 3