iraOHTHOPESTO SCORE CONVICTION Rancher Charged With Setting Forest Fire May Be First Westerner Found Guilty. EVIDENCE HARD TO OBTAIN Tolcy Spray Accused of Burning Timber to Drive Stockmen From Vicinity of His Uma tilla Homestead. In the numerous trials In the West of men on charges of netting: fires In the Government forest reserves, not a single defendant has been convicted, but next week the United States District Attorney's office in Portland will prosecute Its first i-uii. oi xnis cnaracter and hopes to se cure a conviction. Tho chief difficulty In securing convlc , tlons has been the almost lmpossibillty of getting direct testimony against the defendants. In nearly all cawa the evi dence has been wholly circumstantial and the juries have failed to convict. Some months ko the Portland Federal officers captured a man here named Webb who was wanted In California on a charge of Durninjr t-iovernment forests. AVebb was sent back to California and acquitted. In the cnne that will be trlfd next week the defendant In Toley Spray, a home steader In the Umatilla Forest Reserve, who is accused of setting eight or ten fires that caused five sections of land In the reserve to be burned over In Septem ber, 130$. After the fire Spray left the country and went to British Columbia. He returned to his homestead about six weeks ago and was arrested. He Is now in jail. Tn this case the Government expects to produce direct testimony placing re sponsibility for the fires upon Spray. The theory of the prosecution Is that Spray desired to drive out of the country the nheep and cattlemen who were pastur ing their stock in the reserve. District Attorney McCourt expects to produce witnesses who saw tho man lido up to one of the places where a fire soon started and to ride away again after the flames gained headway. Some days ago Spray sent a letter to the District Attorney expressing a desire to end the case without further expense to the Government. Spray Is somewhat Illiterate and asked the District Attorney to send him "a tlerney." An attorney was sent and Spray has now engaged two as his counsel.and It is expected will contest the prosecution of the case. The maximum penalty that may be Im posed on conviction on this charge Is two years' Imprisonment or JflOOO fine. The Spray case will be followed by a similar one in which Charles Page is de fendant. Page, who has a mining claim in the foreet reserve, asserts that the charge has been trumped up against him by persons who want his claim. ANDERSON- CASE BEFORE JURY Lawyer Clash in Suit fop $20,000 Damages. The fact that J. H. Smlfh, one of the counsel for Mis Annie Anderson, In her suit for $20,000 damages against the City of Astoria, is a brother of Mayor Smith of that city, was criticised by Attorney G. C. Fulton, representing Astoria. In hl-j argument in the case before a jury In the Federal Court yesterday. This criticism brought out a heated re ply from Henry E. McGinn, who Is asso ciated with Mr. Smith, and who closed the argument In the case. Mr. McGinn asserted that the Smith brothers were employed as attorneys by Miss Anderson long before Mr. Smith ever thought of becoming Mayor of Astoria, and that the Issue was tried out In the campaign and Mr. Smith was chosen Mayor re gardless of his previous connection with the case. Attorney McGinn, In his argument' charged that the City of Astoria and the Astoria & Columbia River Railroad had conspired to defeat Miss Anderson of damages Justly duo her. He asserted that the attempt by fhe city to place the locality of the accident between the rails of the railroad, and not at the point where Miss Anderson says, it occurred, was for the purpose of shifting fhe re sponsibility upon the railway comvanr and that the testimony of the railway employes summoned as witnesses indi cated that if Miss Anderson had sued the railroad instead of the citv, the com pany would have attempted to shift the responsibility for the defective plankin upon tho city. . The seriousness of Miss Anderson's In jury was not actively disputed in the trial Just closed, although n attempt was made to show that It was more serious fhan it would have been had she had proper surgical treatment and hos pital care Miss Anderson is 61 years old, and, having suffered a very severo fracture, age. It Is said, has made per manent recovery impossible. Miss An derson now uses a crutch. The case went to the Jury shortly be fore 4 P. M. yesterday, and if the Jury agrees upon a verdict before morning it will be submitted In sealed form. THINKS ONE WIFE IS PLENTY Applicant for Citizenship Positive on Tills Point. "Do you believe In polygamy?" asked Deputy District Attorney Evans, of a candidate for final citizenship papers be fore Judge Bean, yesterday. I don't know what you mean," was the reply. "Well, do you believe it is right for a man to have more than one wife at the same time?" "No. no, no." responded the applicant One is enough at one time. Wait till she die. den get anoder." The applicant was admitted. Four were granted citlsenbhip papers by Judge Bean who held a special session of court in the grand Jury-room yesterday. They were: Albert Skogan. a native of Nor way; Augustino Calderone, a. native of Italy; TOscar Johnson, a native of Swe den, and John Relnman. a native of Fin land. LOGGER IS SUED BY MILL Firm Seeks to Recover $895 7 From C. H. Callender. Suit to recover $8357.64. instituted by the Old Oregon Mills against C. H. Callender. a logger, was commenced In the Federal Court yesterday afternoon. According to the complaint. Callender entered into a contract to deliver 7 000 000 feet of logs to tho plaintiff's mill near Astoria, at the price of $13.50 a thousand feet, board measure. The contract was entered into November 25. 1906. and it is alleged that $2 a thousand in advance was paid by the mill company to Callen der. It Is further alleged that since June IS, 1807, Callender has refused to deliver any more logs, although his contract still cans ror 4,418.816 feet. It is for the $2 a thousand advanced on tho undelivered logs that fhe mill company Is suing. Callender. by way of defense, alleges that he ceased to deliver logs at the re quest made by the mill oompary. because the price of logs had declined. It is also alleged that the Issues involved have al ready been adjudicated in the Circuit Court for Clatsop County. Where Callen der obtained a judgment against the mill company In a controversy growing out of the same contract Tho Jury was secured and the opening statements by counsel made before ad journment was taken yesterday. Examiner Named in Land Case. F. Roy Davis, of Burns, has been ap pointed special examiner for the Gov ernment to take testimony in a suit in stituted to set aside a Government pat ent to a desert land claim granted to Mrs. Rose C. Sitz, now Mrs. Kern, of. Burns. Deputy District Attorney Evans and a Government special agent will gj to Burns Saturday and begin taking tes timony July IS. It Is the Government's contention that the land filed on as it desert land" claim, being on the shores of Malheur Lake, is capable of producing crops without irrigation, and. therefore, could not be taken up under the desert land act. VETERANS ARE WINNERS DEFEAT NOVICES IX CRICKET MATCH. GOOD Hitting Is Strong and Fielding Good. Beaten Team Is Host at Dinner. In a cricket match played between the veterans and nnvicoo u t . - Cricket Club on the Monfavtlla grounds on July 5 the former ma-?.e an easy win over the youngsters. Despite the fact that rain Interfered, some first-class cricket was shown on both sides a numDer of the veterans succeeded In inflating their batting averages to a good figure. J. J. Mallet. C. Greaves and E. Fenwlck. of thA rA o-n.- v.,. .... j - -- - u, uaiicu strung. Mallet and Greaves succeeded in adding f3 to the score in the second innirg in oO minutes bv ott and Phen were the only batsmen to offer tvnioience to tne Dowlinj of the win ners. Both teams did some splendid hit ting and the fielding was of a sensa tional order. After tho match, the defeat ed aggregation entertained the Ictors at Following Is the score: Veterans. FIRST INNINGS. Fenwlck, run out 3. Greives, bowled Bailey "1111111 11 P. Browne, run out o J. Churchley. run out II"" 6 Jf; mltn- C. and B. A. Mills 7 Shipley, c. McKenxle, B. Matthews... 13 ' Jnsted, J3. Ooppinser ft Mailett. not out....'. . n M. Crocker, B. Bailey 13 Henderson. B. Connlnnr o Jones, absent '"" traa 9 Total SECOND INNINGS. .107 Bowled Copplnger is tun out J? Run out '' "' J Bowled Neame 4 Not out J B. Copplnger ! n Bowled Neame Extras 85 14 Totl 139 A. Matthews. .1 wicket for 42 o wicket for 17 K. Hal lev ... .2 M. Coppinger.2 A. Mills . 1 Neame 86 o 172 37 33 0 0 7 23 Navies. FIRST INNINGS. P. Neame, B. Mailett 20 Copplnger. c. Shipley, B. Fenwlck .... 20 a. .ucK.enzie. ts. -Mailett j 9 K. Bailey, B. Fenwlck " " . 3 Mills. B. Mailett o H. Phen, not out 2 A. Matthew, run out 3 J. Cummlng, B. Mailett ' o S. Mills. B. Fenwlck j J. Berrldge, run out ". 0 J. Banks, B. Greaves ' o Extras o Total 85 SECOND INNINGS. Run out 9 Bowled Fenwlck 1 Bowled Mailett 0 Bowled Fenwlck ...I.I 38 C. and B. Mailett 28 Bowled Mailett 0 Bowled Fenwlck ' o Not out ..................... 4 Bowled Henderson 7." 2 Absent n Total 94 TnnlnM Pln.Ari E3. Fenwlck. . .3 w'kets for an x wkt tn. 4a J. Mailett 4 " 24 3 Rl C. Greaves.... 1 " 0 0 12 Henderson . . 1 2 LONG AUTO TRIP MADE Colonel Hofer and Ben Brown Come From Burns. Ben Brown, the biggest merchant in Southeastern Oregon, and Coino! xir of Salem, arrived in Portland Thursday! havinsr made n rwnwi trin t.a to the county seat of Harney County, where iney auenuea tne tJregon-Idaho Devel opment Congress. The trip was made in Just 26 hours. Burns, lying 160 miles from uie O. R, & N. Railroad, was until, a f ,.u ago connected with the steam road bv stage line. Two automobile lines hv recently been established, each maintain ing two cars. The trip of 160 miles by automobile was made bv rvvinnsi tinf..''. party In 14 hours. In Malheur County. through which the road passes in reach ing Ontario, on the O. R. & N., there are three mountain chntnp k fcw uj bUS3CU, Through Harney County, however, the . "v.o mo 1 1 1 guoa b nape. Ben Brown has been in Burns 20 years and is well-known lhrinrhnn ..... He has become rich in the merchandise uuaiuess m narney county. Burns," said Mr. Hofer, la the biggest , Lne united States, and It Is marvelous what an amount of money there is In circulation there. Since Taft's administration things have been booming right along. "The Oregon-Idaho Development Con gress, which I attended there, is a thing to be remembered. A more enthusiastic gathering I have never attended. People came hundreds of miles In wagons and automobiles. Five business men came from Boise. Idaho. 200 miles distant in" an auto to attend the congress." 97 YEARS DON'T DIM ARDOR Linn County Pioneer Starts for A.-Y.-P Exposition. ALBANY, Or., July 7. (Special. ) In spite of the fact that he is almost 97 years old. Captain James Blakely of Brownsville, left here today to visit the A.-Y.-P. Exposition. He is in good health and expects fo walk about the Exposition grounds with ease. He was accompanied by his son. Henry Blakely. of Browns ville. Captain Blekely Is the oldest resident of Linn County. He la also one of the earliest pioneers of this county. Is a vet eran of the early Indian wars and the founder of the City of Brownsville. A mixture of powdered sulphur anA nil will facilitate thecoolln, ol : 62? bearing" TIIE MORNING SALMON HATCHERY FOR BONNEVILLE Tanner Creek Decided On by Master Fish Warden as Lo cation for -New Station. START OPERATIONS BY FALL McAllister Files June Report, and Makes Recommendations as to Closed Season Month's Catch Very Light. Tanner Creek, near Bonneville, has been selected as the site for the central hatch ery, for which the last Legislature made an appropriation of J20.000. Plans have been approved and ViM r. etructing at that point a building 65x230 mci, ouiiauio ior natcnery work. The new central station will be completed in time to receive the eyed eggs from the substations this Fall. "Assisted by Henry O'Malley, of the United States Bureau of Fisheries," said Master Fish Warden McAllister, in re porting his selection of the Bonneville site to the Board of Fish Commissioners, "I have investigated every available stream on the Columbia River, for the purpose of establishing the central hatchery pro vided for by the last Legislature. Each stream was given due consideration, and Tanner Creek, at Bonneville, selected, due to Its superior water, quality and quantity." In his report to the members of the Board. Mr. McAllister refers to the fact that, due In a large measure to high water, the salmon catch on the Columbia River during June was light. It is the opinion of the Fish Warden, however, that the high water was not without its advantage?, since It enabled an unusually large number of salmon to ascend the river and its tributaries and to reach the different hatcheries. After making a personal visit to several of the large hatcheries during the month and receiving reports from the others, Mr. McAllister reports there is every as surance that a large take of eggs will be secured at each of the substations. Mr. McAllister makes the recommendation to the Board that the law be so changed as to make the closed season on the Wil lamette River uniform with that relating to the Columbia. Discussing this sub ject, Mr. McAllister in his report says: The season on the Willamette closed on June 15. after one of the most successful years in the history of the Industry. This was made possible by Vie closing of the Columbia until May 1 while the Willamette opened on April IS. The Board will recall the efforts made by me, with their help, to close this stream to conform with the close season existing; on the Columbia, and how, through a technical error, same was made Impossible. I would respectfully urge that steps be taken In time, by you gentlemen, looking toward the closing of this river next year, so that the salmon protected in the Columbia will be allowed to reach the hatcheries, as Intended. Receipts for the month aggregated J2161.87. while the disbursements reached a total of $3026.97. MEDICAL BOARD ELECTS State. Examiners Choose Officers. Large Class Taking Tests. At a business session yesterday of "the members of the State Board of Medical Examiners the following officers wero elected for the ensuing year: President, Dr. E. B. MeDaniel; treasurer. Dr. A. P. Watson; secretary. Dr. R. C. Coffey. The largest class in the history of med ical liratiCA In fllVPAn la V,I.' , n - - lllja week before the State Board of Exam iners, x ne examiners report that a good grade of papers is being turned in, and that a large percentage of the class prob ably will earn the right to practice medi cine in this stkte. How of the successful applicants will not be ior hbuui a montn. on account of tho time that will be required to pass upon the large number of papers Alto gether, 112 applicants are taking the ex aminations. Dr. R. C. Coffey today will conduct the Concluding examinations In anatomy, pathology and nervous diseases. CIRCUS COMES NEXT WEEK Splendid Entertainment by Com bined AVallace-Hagenbeck Shows. The circus of the twentieth century must be positively the best entertainment that money can command. It must be an entertainment so diversified that it can be enjoyed by all the man, the woman and the child. It must contain a vein of humor to make you laugh; a vein of excitement fo cause the blood to flow a little faster; a sensation of danger to thrill the system, and. above all. it must CUT IT OUT The Fried Meat and Coffee Diet If you don't feet right in hot weather, try a simple breakfast of GRAPE-NUTS AND CREAM Some fruit. Two slices crisp toast. ' A soft boiled eg g. Cup of well-made Postum. There 's cool comfort, strength and health in the change, and Ther e s a Keason Ask POSTUM CEREAL COMPANY. LTD.. Battle Creek. Mich.. U. 8. A. OREGOXIAX, THURSDAY, Vl lntaMcHn e . . . .... .. . iiuia Eiart to Ilnlsn. In a word, it must be a clean, wholesome show that compels the attention and ad miration and at the same time excit'es the emotion of every Individual sneotator What' then, should be said of a circus that is all this and still combines a world famed trained animal show, a European novelty exhibition and Oriental exposition f of' such as the Hagenbeck-Wal-t , ?2lows Possess, which exhibit here July 12 and 13? There remains but one title, a moving city of enchantment." to describe and define these great shows, which are so multi-featured that there must be some one thing to please the most VZSt f.JJf c'nlcal- and many features and exhibits that are bound to be gen erally pleasing and satisfying. As free prelude to theae marvelous, gigantic shows which exemplify the colos sal genius of American financial and ex ecutive ability in itinerant amusement en terprise, a crownlnjr glory of pageantry splendors will be seen in the mile-long Kaia ftn1 PmPU8 procession of the pa rade on the morning of the gladsome hol iday approaching. E ELKS ARRIVE DELEGATION' TO LOS AXGELEF STOPS OFF FOR DAY. Committee of Portland Lodge Sees Visitors Do Xot Lack Enterialn ment During Stay. Seventh and Stark streets was a busy place all day yesterday, for the first migratory herd of the an tiered tribe en route to the Elks convention at Los Angeles stopped off at Portland and the lariats of Portland Lodge No. 142 came into action long enough to give the visitors a rousing welcome. The first bunch of "Hello Bills" to stop off en route was the Spokane lodge, nearly 100 strong, and the Falls City delegation was treated to a par tial realization of what Is In store at Los Angeles. ,.,!Tivin,n Portlan,l t 7 A. M., the visiting Elks and their families were taken In charge by a committee of the Portland lodge, consisting of the fol lowing: Dr. Harry F. McKay, Harvey O Bryan Dr. C. W. Cornelius, Joe Day, George L. Hutchin, Dr. F. A. Marshall and Secretary Clyde Bills. This com mittee was assisted by the following women, who assumed the task of car ing for the visiting ladies: Miss Tillie Cornelius. Mrs. John Lamont and Mrs. deorge L. Hutchin. The visitors were marshalled together and taken on a trip through Portland on one of the sight-seeing observation cars, after which all adjourned to the Elks hall where eatables and drinkables were fur nished. W. F. Connor, secretary of the Spokane lodge, is In charge of the Spokane party, and he really had his hands full attending to all inquiries and desires of the excursionists. The Spokane delegation to Los Angeles comprise the following: Mnr'rhdn,M; William Clarke. Mr. and Mrs. ciiant. Mr. and Mrs: w. A Krantz Mr and Mrs C. F. Eaton. Jake H II. W L Si" "o- M's" Metcalfe. Miss Jonos. Miss bnow, Mrs. J. H. Brown. Harry Burdlck. MrJt,nd M?' Charles Helnbrlck. J H Trayes, R w. Newson. Mr. and Mrs. L. O H Fibers, M. H. Bruns, Mrs. Kleg. Mr and 5 F"-ly. George Lovejoy. F. H Shaw P,e.Bay-Mi Shack leton. Guy Helprrey". Mrs. Alice Swindler, Miss Grace Cochran Dn o C?chran' p- F. Smith. oic2i ' iW' Hann. Mr. and Mrs. Harry McKlnley. Miss Lucille Bofrg.. Mr. and Mrs )l; i Andls?n- Mr. and Mrs. Henry Helt fHd. Mr. and Mrs. Mark Maloney. Mr. and ?Vn.A- R'chdson, J. Peitrlch. j. B rv3?ny' n?" AV Freese, T. J. Ryan, Dave ONeill Tom Roberts. W. Keller W. F Wood. A J- O' Conner, R. W. Monahan. A. t ri.vU.. T S ouyue, w. k. Brown. i s?yder- J- H. Crow. Archie McLoed, M. Lewer. George Wilson, T. J Pettl eord C C. Knutson. William Huntley Lelndecker, Jacob Goetz. Harry F. Goetz J j' whu' Mr' and Mr"' D- F' Smith and' Patrick Griffin, a prominent member of the Walla Walla lodge, came down yesterday In order to Join his brother. Henrv n. rsriffin v, .m . - ' ' " " win leave tonight with the Portland lodge. The delegation from the Walla Walla lodge uuc ivj eauu x-oriiana tonight and Will go SOUth in a snnnlal oa- o.ij to the regular train. Delegate Harry McKinley, of Lewis ton, Idaho, is In Portland and expects to leave for T inu. ivuay. .ne says that there will be a number of -o'. ruiinna mis morning, when the Eastern Oregon special ar rives en route tn rha f, The same committee which welcomed the visiting Elks yesterday will re ceive all Incoming delegations, and to morrow night, being the regular meet ing night, the visitors will attend the Tomorrow morning the Cleveland ' Watch the Grocer's Basket "YOUR grocer is not going to offer you a "substitute" for Shredded Wheat Bis cuit He knows there is no substitute for it He knows that Shredded Wheat is in a class by itself unique and incom parable that no other cereal can take its place but mistakes happen in the best regulated groceries. See that the grocer's basket always contains Shredded Wheat Biscuit Give your grocer a standing order for so many packages a week that means health and hapni- ness tor children as well as grown-ups it means well-nourished bodies, strength and health for the day's work. Shredded Wheat is made of the choicest selected whie wheat, cleaned, steam-cooked and baked. Try it for breakfast to-morrow with milk or cream. The Biscuit isalss delicious for any meal in combination with fresh or presei ved fruits. THE ONLY " JULY 8 1909. LOVERS OF OUTDOOR SPORTS refresh themselves with the world's best brew of northern barley and fragrant Saazer hops. An enthusiastic toast to the athletic victor stirs the heart most when downed in a bumper of healthful The ine most Wholesome of All Beverages. Every drop bubbles with the power of the soil and sun. It is the cream ot the best cereal the earth produces.' It has brought health and vital energy to thousands and it will do the same for you. CAUTION: To guard against deception and substitution, see that the corks are branded "Budweiser" and that the "Crown Caps" bear the A and Eagle trade-mark. Bottled Only at the Anheuser-Busch Brewery St. Louis, U. S. A. CORKED OR WITH CROWN CAPS BUfiHHUJiWjiwmi fcyJBiJlili!iiiia.IItl eiuuiiiiuiiiiml and Cincinnati lodges, each 100 strong, will spend the day in Portland, leaving- for Los Angeles tomorrow night. The special with the Portland lodge aboard will leave tonight at 11:30 o'clock. Nearly 200 members will com prise this party. BAKER CITY SPECIAL LEAVES Elks Depart for Los Angeles Amid Enthusiastic Farewells. BAKER CITY, Or., July 7. (Special.) Amid flying colors and with patriotic music, the special train conveying Baker City Elks to Los Angeles departed this evening at 7:30 o'clock. A large number of citizens gathered at the station to wish a safe and happy Journey. Three Pullmans and one baggage-car comprised the train. Other coaches will be added at La Grande. PenHlPtnn ota The Dalles. Salem Elks to Join Party. SALEM. Or., July 7. (Special.) Five or six members of Salem lodge No. 336, B. P. O. E.. will board the Portland special BREAKFAST CEREAL" MADE IN BISCUIT FORM I 0 Nsaa&ag King: of AH Bottled to Los Aneeles tomorrow night. Harry E. Albert is the official representative from the local lodge. PERS0NALMENTI0N. Frank E. Alley, of Roseburg, is a guest at the Oregon. Judge J. C. Moreland. of Salem. Is staying at the Cornelius for a few days. Mr. and Mrs. A. M. Crawford, of Sa lem, are staying at the Oregon. Francis M. Shick, agent for the Atchi son, Topeka & Santa Fe at Berkeley, Cal. is visiting In Portland. W. S. Cooper, a banker from Inde pendence, Or., has registered at the Oregon. He Is accompanied by his wife. Miss Pearl Dean, of Portland, who has just undergone an operation for appendi citis in Mercy Hospital at Roseburg, Or., is now convalescent. Dr. C. H. Raffety, Mrs. Raffety and Miss Ethel Allen left yesterday on their trip through Europe. They go by wav of Niagara Falls to New York, and will remain in the latter place about four days before sailing for Liverpool. They will be In England about three weeks and will then go to Paris. Berlin. 11 Beers Blumauer & Hoch Distributers PORTLAND, OREGON U s,h tlhl t IU U Li tllilliLritLUlUiiiil ti iHLUiiiliiuiLiiliili ii uiuiB Rome. Venice and other cities and wit return home in about four months. Morton Fleming, until quite recentlj associated with the Portland Hotel ai clerk, has joined the staff of Phil Metschan. Jr.. at the Imperial. Th Imperial staff is being Increased in preparation for the addition of th new hotel to the present building. Mr. and Mrs. B. F. Halberg. of Loi Angeles. Cal., are in Portland visiting Mr. and Mrs. J. f. Feebler. Mrs. Hal berg is a cousin of Mrs. Feebler, and daughter of the late J. E. Houston. They are returning from Louisville, Ky.. where Mr. Halberg attended the Imperial Council of the Mystic Shrine. Mr. Halberg and wife are both ac complished musicians, he being a leader in the Shrlners' band from California. They will visit other relatives before returning to Los Angeles. CHICAGO. July 7. (Special.) North west people at hotels: From Portland Sol C. Stiller. Ike Up right, at the Great Northern; J. O. Wright, at the Morrison. From Med ford B. H. Harris, at the Great Northern. aiasaiiiiiiMiiigiv