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