TIIE MORNING OREGON! AX, WEDNESDAY,- AUGUST 11, 1909. 4 VAN SANT LEADS FOR COMMANDER Ex-Governor Likely to Head Grand Army at Session of Next Year. ST. LOUIS FOR LOCATION Veteran Place Pleasure Before Business and See Sights of Mor mon Capital Balloons and Rockets on Peaks. SALT LAKE CITY. Aug. 10 Samuel K. Van Sant. commander-in-chief, and Atlantic City the meeting place in llt. is the way the forecast reads tonight In the contest for the leadership and for the j-.w th. r.rfind Armv of Yiiu rinimtiiit"fc v. ..... . the Repuhllc. Nevertheless, the, friends of Judge Killiam A. Ketcham and the advo cates of St. Louis are standing bravely to their guns ana will noi roncrao us feat until the last ballot on Thursday. TK ...vanrlnn KPpkcrit Slid tllB DerSODal friends of candidates worked hard to day, but the thousands of old oldlers here attending the annual encampment had more Important matters to attend to. "If amusement Interferes with your business, cut out the business," is the ...... veteran, and thev are liv ing up to it. The encanvpment is, first of all. a holiday, ana me visitors oo nui allow their dignity as warriors to spoil their splashing in the lake, their rambles amid hl.'rtoric scenes, their post card signal service to absent friends, or their Investigations of the Mormon faith Study Mormonlsm a Home. Salt Lake's unique position as the Meoea of a peculiar religion Is remem bered by all classes of visitors, but it Is doubtful If any have taken more In terest In Mormon theology and Mormon political economy than these griKled fighters of the Civil War. The veteran who can secure an aged father In Israel as his guide and Instructor Is In his ele ment and is the envy of his comrades. Triooa&nda of veterans and the Army curses were entertained free of charge Vy the management of the Saitalr pavilion at the lakeside this afternoon. Other thousands rut In the day seeing the eights of the city. Colorado claims the lanrie oyiegatlon at this, encasrvpment. The rollcaJl shows 843 persons from the Centennial State. Bo far her claim has not been disputed. Bpecial trains continue to pour their human cargoes into the depots and the Incoming veterans are instantly swallowed In the throngs that came before. Welcome at Tabernacle. The Aesoetatlon of Vnlon ex-Prisoners of War held Its business session. National Commander Harry White of Pennsyl vania presiding, this afternoon. Execu tive councils of the Woman's Relief Corps and other auxiliary bodies also de voted s. part of the day to routine busi ness. I'nder the vast dome of the Mormon tabernacle the Grand Army, the Sons and Iaughters of Veterans, the Woman's Re lief Corps, and the rest were welcomed to Vtah by (governor William Spry and to Silt Lfike City by Mayor John S. Brans ford tonight. The visitors' appreciation of the welcome was voiced by Commander-in-Chief Henry M. Nevlus. From the same pulpit the heads of the various affiliated organizations greeted the mem bers whom they have served for the last year. Mountains Pictured In Fire. fampflres were held at the Assembly Hull and the Armory and when these bmke up every eye was turned toward K.iscn Peak, the mountain rising IS1 f. et hi the northern edge of the city, upon which the Mormon pioneers planted tii. lr flags at the tlrst settlement of L'tah. From this eminence the heavens were homh.'.plfd with a gorgeous eruption of P.ime. Kiry balloons mounted the dark fky and volleys of rockets pen ciled the Armament with lines of living litM. It is a spectacle that could be presented nowhere save In the mountain nnd the memory of It wlM linger while tiie memory of the AM national encamp-m-nt or the ti. A. K. endures. Th.'re is a triple contest for the Na tional presidency of the Woman's Relief Corps, with Mrs. Jennie I. Berry, of Iowa; Mrs. Belle Harris, of Kansas, and Mrs. Melissa Caylor. of Indiana, as the candidates. The grratest confidence Is shown by the supporters of Mrs. Berry. JOrXfiFR VKTKUAXS GATHER Men of Cuban and Philippine Cam paigns to Unite. PrTTSRI'Rii. Aug lc The arrival of Ueutenant-Creneral S. H. M. Young, re tired, acting as personal representative ft President Taft. marked the opening of the convention of the Veterans of Foreign Service and the Army of the Philtpplnes here today. More than a thousand dele gates are already In camp. rromlr.ent among the arriving visitors was Edward K. Lane, of Mtesnula. Mont., former trooper in Roosevelt's Rouen R1I ers. Lane was color Sergeant of his troop when the famous band charged San Juan hl!l. The first Joint business session of the two conventions will be held tomorrow. Both organizations are National and a movement is on foot to amalgamate them. It Is also planned to organize a Woman's Auxiliary. WHITE REMAINS COMMANDER Ex-Prisoners of War Asaln Honor Indiana Man With Office, SALT LAKE CITT. Aug. I". Harry White, of Indiana, was re-elected com mander at tiie thirty-seventh conven tion of the National Association of c x-Prlsoners of War today. No one flse was mentioned for the honor. Three hills to be introduced in Con press were indorsed by the convention. One provides for a pension for ex prisoners of war. epuul to $2 a day for t sen day of Imprisonment: another pro vides a government railway from miersonvll!e. Ca.. to Prison Park and the National Cemetery, a distance of one and one-half miles, and the third for the creation of a National military park on the sue of the battle of Peach Tree, near Atlanta. MAYOR REMAINS AT HOME Vancouver's Executive Afraid of Sharp Pealing If He leaves. VANCOUVER, Wash.. Aug. W (Spe cial.) Afraid to leave the city lest the Mrect improvement contracts which he nss refused to sign might be signed in his absence by the acting Mayor. John I'. Kiggins. Mayor of Vancouver, did not Join the boats of boosters who left yes terday for Seattle to participate In the exercises of Vancouver day today at the Fair, and in explanation of his failure to go to Seattle he today Issued the follow ing proclamation: "To the Citizens of Vancouver: A good many of our citizens will wonder why I did not go to Seattle for Vancouver day. I will state that if I did the contracts which I have refused to sign for certain streets would probably be signed when I returned. There were some people so anxious about my going that it aroused my curiosity, and I concluded not to par ticipate, and I delegated Mr. Reeves, of the publicity committee, to respond to President Chilberg for me, representing Vancouver. J. P. KJGGINS. Mayor." The contracts referred to by the Mayor provide for about 150.000 worth of street Improvements. The ordinances providing for these improvements were signed by Mayor Kiggins. without any protest. The City Council, by a unanimous vote, ap proved the contracts and authorized the Mayor to sign them, the city charter pro viding that the Mayor shall sign all con tracts, but the Mayor refused, saying that the prices were too high and would work a hardship on the property-owners. Mandamus proceedings were brought by the contractors to compel the Mayor to sign the contracts, and the hearing in the case was set by the court for September 1. It was given out that the Mayor would sign the contracts If he was shown that the prices were not too high, but when at a meeting of the City Council Council man McCarty rose and said he was pre pared to show that the Mayor's conten tion about the prices was wrong, the Mayor refused to listen or to have the matter discussed at all. EXPECTS STORMY SESSION (Continued From First Page.) da! session. The committee arrived here tonight, bringing with It witnesses It was unable to examine In Seattle today. This committee will report to the House be fore the seesion expires, and will likely ask to be. continued. Recall Law Asked For. As the result of disclosures by the Allen and Halsey committees and by Police Commissioner Tuerke in Spokane, a con stitutional amendment is suggested here tonight, providing for the submission of a recall statute that may be applleJ to any state or Judicial officer. Governor Hay will eubmlt a message to the special session, but It will not be sent In before Thursday. In this or some other message the Gov ernor will probably take up the Income tax amendment, the certification of which was received by the Governor today from Secretary of State Philander C. Knox. It U predicted by Representative Edge, of Spokane, that Washington will be the flret state In the union to ratify the amendment. What Hay Will Recommend. Governor Hey will recommend in his message the passage of a bill granting King County an additional Superior Judge: an additional appropriation of 1K)0 for the Adjutant-General's printing account; an additional appropriation for the cruising of state capital lands; a bill authorizing the highway commission to buy & fifth site for a rock-crushing plant, to be oparated by convicts, and an amend, rreiit to the criminal code relative to country saloon licenses. The recent regular session appropriated C29.M0 for rock -crushing plants and four sites, but the state has obtained the four sites without the expenditure of any of the fund. Authority lb now desired to ac cept a fifth site The proposed amendment to tiie crim inal code is to remedy an alleged defect relating to the lack of requirement that saloons shall be licensed In country dis tricts. By repealing a general statute It Is feared that the criminal code permits such saloons to be so conducted. The Governor may also recommend the enact ment of an amendment to -the criminal code penalizing the issuance of checks against banks in which there are no funds to meet the checks. Schively Saying Nothing. What move J. H. Schively, the Insur ance Commissioner, now facing impeach ment charge, will make is a matter of speculation. His failure to attempt to se cure depositions relative to acts commit ted while Deputy Insurance Commissioner has led to the belief that he has some coup In view. Tonight both he and his attorney. George C. Israel, refused to dis cuss their plans. "By 5 o'clock tomorrow we shall have the Governor so busy he will not have time to think of anything else," said At torney Israel tonight. Both Schively and his attorney accuse the Governor of being one of the prime movers In the bringing of Impeachment charges. Mr. Israel de clined to make any predictions as to how long the trial will last, but said that tfce motions to strike the impeachment counts relative to act committed prior to Schive ly's becoming a state officer and the general demurrer would probably be argued at length." Political Rumblings Heard. The political situation In the south west, due to the death of Congressman F W. Cushman and the necessity of electing a successor. Is also borught to the front. One of the prominent candi dates. Edward C. Finch, of Aberdeen, accompanied by Mayor Ed Benn. of Aberdeen, and J. R. O'Donnell, of Elma, Is here looking after his Interests. The direct primary law excludes from the operation thereof the choice of can didates to nil vacancies in special elec tions and there is discussion here as to whether the Legislature should amend the law in this particular or permit the candidates to be selected by the conven tion method. Mr. Finch said tonight that he and his supporters had not yet made up their minds as to which form of selecting the nominee they will fa vor. Governor Hay will call a confer ence of Southwest Washington political leaders to discuss the situation, and will probably follow the conference with a message dealing with the subject. Seattle promoters of the Duwamlsh waterway project are here, headed by Charles J. Chamberlain and James F. McElroy. The Duwamish bill passed the Senate In the recent special session and a strong effort will now be made to get the bill through the House. Gov ernor Hay is not disposed to make. any recommendations on this subject. The bill does not call for a state appropria tion, but provides a method of con structing the waterway at the expense of property benefited. About one-fourth of the members of the Legislature are here tonight. WEXATCHEE BRIDGE REFUSED State Will Not Accept Dynamite nilled, Concrete Piers. OLYMPIA. Wash., Aug. 10. The State Highway Board lias refused to recom mend the purchase of the Wenatchee bridge. Their report to that effect is in the hands of the Governor, who de clines to make it public until he has had opportunity to read it carefully. Members of the Board refuse to talk until tne Governor gives out the facts. The Board found that In constructing the bridge the workmen neglected to sink steel bolts in the wet concrete before the piers set. xuter attempts were made to drill Into the concrete to place the bolts and, that operation proving slow, dynamite was used. The result was the piers were cracked for many feet. The bolts were then placed, and the steel work of .he bridge lastened to them. While engineers say the work may last for years end that the bridge sustained a severe test, yet the Board members refuse to endorse the purchase. nous SWEATED Br MRS. PARKER She Recalls Statements Made About Sutton For- gotten by Him. He SAID UTLEY HATED SUTTON Adams Pantomimes Shooting and Discredits Doctors Admits He Is Regarded as Mur derer of Suttok. ANNAPOLIS, Aug. 10. Mrs. Rose Sutton Parker, whose testimony has been looked forward to as of surpassing interest in the Investigation of the death of her brother, James N. Sutton, Jr., took the stand today. She demon strated that her memory of her Inter view with Lieutenant Adams shortly after her brother's .death was better than was Lieutenant Adams recollec tion on the same points. In his testi mony as to what was said during this six hours' interview the words "I do not remember" frequently recurred. Mrs. Parker was positive regarding what was said and done. Denied Chance to Tell AH. It was notable from her testimony that whether Adams and Sutton were friends, Adams and Mrs. Parker parted most amicably after a little dinner party. Mr. Birney, counsel for Lieuten ant Adams, did not press Mrs. Parker to any extent on cross-examination. This feature was a distinct disappoint ment, and Mrs. Parker expressed herself afterwards as having been most keenly disappointed. She said .she would have been able to say a great many things to Mr. Birney that her own counsel could not bring out on direct examina tion. Adams Pantomimes Shooting. Colonel Doyen, commandant of ma rines; Lieutenant Willing and Lieuten ant Adams again took the stand. . Ad ams was mercilessly grilled by Mr. Davis, counsel for Mrs. Sutton. He was made to lie on the big table about which the court sits and pantomime the firing of the fatal shot. In his demon stration he used an unloaded service revolver, and as he Illustrated It the bullet must have entered Sutton's head at a different point and from a different direction from that indicated by Sur geons Cook and Pickrell. As Adams aimed the weapon, the ball would in all probability have come out of Sutton's forehead from the back of his head. Surgeon Cook testified that the course of the bullet was downward and back ward. Adams was plainly Irritated by Mr. Davis' questioning. Kennedy's Veracitj Sustained. Sergeant-Major Hurlburt testified that Private Kennedy, whose testimony at the present Inquiry contradicted that of some of the marine officers involved In the case, had a good record. He did not know Kennedy's reputation for truthfulness, but he would believe any statement he might make under oath. To Mr. Birney the witness said he un derstood that the men generally thought Kennedy "bugs, more or less." Lieutenant Willing said the cart ridges taken from Lieutenant Sutton's revolvers were taken apart by order of the board of Inquest In order to decide from which revolver. the service weapon or his own. the bullet that killed Lieutenant Sutton was fired. Had Xo Thought of Suicide. Mrs. Sutton, mother of Lieut. Sutton, recalled to the stand at the re'quest of her counsel. Mr. Davis, Identified two let ters written by Lieutenant Sutton, one to her and one to her brother. They were chatty. Intimate and hopeful. That to Mrs. Sutton was mailed the day b-jfore Ll-utenant Sutton was ehot. Mns. Sutton also identified a bill of lading as having been written by her son. Mr. Davis of fered it as evidence, showing that Lieu tenant Sutton had no thought of suicide, but looked forward with pleasure to going around the world on the great cruise of the United States battleship fleet In 1WM. It was admitted by the court. Charles H. Russell, a laundryman of this city, was called as a witness and said that on October 1. 1907, he received from Lieutenant Adams a shirt, collar and cufTs. bloodstained, one cuff having been saturated and the right side of the shirt bosom having a great deal of blood upon it.. Russell was not cross-examined. Mrs. Parker's Investigation. Mrs. Rose Sutton Parker testified that she started for Annapolis on the day following hfr brothers death, pre viously making preliminary arrange ments for his burial at Arlington, D. C, for as a suicide he could not be buried in uie cemetery of the family In Portland, Or., they being members of th? Roman Catholic Church. She was advised by Colonel Doyen, Com mandant of Marines, not to look at her brother's body on account of the con dition of the head, which, she said, showed a number of wounds of various sorts. She told of receiving at the bar racks clothing and other effects of her brother's, and of sending them home to Portland. Mrs. Parker told of inter views In her room at Carvel Hall with several of the young Lieutenants. She asked that Adams see her alone, be cause the Lieutenant seemed 111 at ease when she met him. and because sne De lieved he had information which he would probably not give her In the presence of others. The interview lasted six hours. She said she asked Adams to tell her every thing about her brother's death and not spare her feelings, and that Adams told her of Lieutenant Sutton's unpopularity. Reading from the record of Lieutenant Adams' testimony, questions which the latter had declared he could not answer, as he did not remember, Mrs. Parker de clared Adams had told her of the inci dents of the fight that followed the auto mobile trip to the dump." Adams' Story of Killing. She said Adams told her her brother went for weapons, having declared he would kill Adams, Utley and Osterman, and then described the final encounter. Mrs. Parker said Adams told her he would not swear her brother committed suicide; that he knew that if Sutton had lived, his own life would have been in danger; "that Sutton would get me." Adams, she said, stated that Lieutenant Utley hated Sutton, and had declared some one ought to "take It out of him." Adams told Mrs. Parker, she said, that If Captain Marlx claimed Sutton owed money, not to pay it, as Sutton owea him nothing. After the interview Adams, she said, accepted her invitation to dine. Adams had told her that every one In Annapolis believed he had killed Sutton. She disclaimed to him such belief. Mrs. Parker told Adams, she said, that all she wanted was to prove her brother was not a suicide, as. were he that, his mother would, by her faith, be compelled to be lieve her son's soul lost. She told Adams if she could do this the case would be dropped. DEFENSE IS XOW COXFIDEXT Mrs. Sutton's "Vision" Regarded as Sign of Weak Ca6e. WASHINGTON, Aug. 10. In a signed statement today. Attorney" Birney, repre senting the defendants in the Sutton case, says the admissions of Mrs. Sutton on the stand that she is without evidence to sus tain the charges excepting what she ob tained in a preternatural vision, dispels all suspicion that Sutton's death was caused by brother officers. The trial, he says, established beyond cavil that none of the officers charged was intoxicated, that the party left the hotel on friendly terms and that an altercation and fight ing were commenced by Sutton, that Sut ton was fairly beaten in a fist fight, first with Adams and then with Osterman: that Sutton threatened murder, armed himself and resisted arrest, attacked the officers, wounding Adams and would have killed Roelker but for a defective cart ridge; that the testimony of three sur geons and the coroner showed no signs of the ill-treatment charged by Mrs. Sutton, and that the undisputed testimony of all witnesses showed Sutton shot himself with evident suicidal intent. Attorney Davis, for Mrs. Sutton, also made a state ment regarding the case in which the court In producing Mrs. Sutton's letters is severely- criticized. Clerk Harry M. Schwartz, to whom the letters were writ ten, refuses to explain how they got into hands of the authorities. The unusual proceeding of legal counsel on both sides of a case in pre senting arguments to the public through the newspapers while the case Is being heard in court occurred today when Attorney Arthur Birney. repre senting Lieutenant Robert Adams, and Attorney H. E. Davis, counsel for Mrs. James Sutton, both discussed in state ments to the press the case now be fore a naval court at Annapolis. At torney Birney contended that Mrs. Sut ton failed to produce any evidence when placed on the stand to substan tiate 'her charges. "The admission of Mrs. Sutton while on the witness-stand that she is. and always has been, without any evidence to sustain her charges and that they originated in a prenatural vision, should dispel the least lingering sus picion in the public mind that Lieuten ant Sutton's death was caused by his brother officers, or that blame for It should attach to them." said Mr. Bir ney. Attorney Davis, In his statement re garding the introduction yesterday of letters written by Mrs. Sutton, declared that "neitner Mrs. Sutton's counsel nor, so. far as has been learned, any listen er outside of those committed in ad vance to a support of the finding of the inquest, could see the least bearing of either the letters themselves or cross-examination on them upon the question at issue." XEW ACCOUNT OF SHOOTING Marine at Boston Says Sutton Killed Escaping Arrest. BOSTON, Aug. 10. In an interview in the Boston Post attributed to Sergeant Arthur Todd, of the United States Marine Corps, and made public today, it is stated that if he should he called in the Inves tigation in the death of Lieutenant James N. Sutton, his testimony will be exactly opposite to that given by Sutton's fellow, officers. Todd, who has been on Tango at Wakefield, left early today for Annapolis. In describing the slicotlng, Sergeant Todd said: "I was corporal of the guard on the night Sutton was shot and from the place where I was stationed I saw a light fig ure about 250 feet away. "I saw Lieutenants Adams and Oster man and recognized them. They were near me. The man who was in shirt sleeves started to run and I heard a voice cry. 'Stop running. You're under arrest." 'The man ran on and once more I heard the same voice cry out loudly, 'Stop run ning or I'll shoot." "The man paid no attention and ran on and the next moment I saw a riasn ana beard a revolver report. There were three other shots, and the man who was run ning dropped. "I ran over to him and bent over him. It was Lieutenant Sutton. I eaw a hole In the man's forehead, where there was a ragged entrance and a hole back of the left ear where the bullet came out clean. ''Lieutenant Roelker came into the guardroom, where I then was, a short time before the shooting. He was with a private named Richardson and they had a drink together. At the time of the shooting he was not anywhere near. "The next morning enlisted men found a revolver on the ballfield which was not the regular service weapon, but a 32-cal-iho- -ffalr." Todd said at one time in conversation tlint he had the bullet himself that killed Sutton, but later stated that some one else had taken it. He refused to state finally whether he knew where the bullet W86 or not. He said: "Just after the shooting when I returned to the guardroom Roelker came in all out of breath and excited. He said: 'My God, Archie. I think l'e been shot!' "I laughed at him at first, but he was so earnest about it that I felt in his left hand outside pocket Just over his heart. There was a drill regulation book there and a bullet had become mushroomed in the pages. "Roelker was much excited wnen i pulled out the book and showed him the bullet and the way in which his life had been saved. He stripped down to the skin and there was a reddish tinge just over the heart, showing Just where the bullet would have gone had the book not inter fered. "Roelker and I talked the matter over and we agreed that he must have run into the fire of the bullets, one of which had killed Sutton. Tlwre were four shots that I heard in all and one of them, I am con vinced, struck Roelker. I have wondered more than once why I have not been called to go before the Court of Inquiry and tell what I know. F WEDDED TWICE IN HEAVEN Insane Man Has Peculiar Delusions About Personal Condition. SAN RAFAEL. Cal.. Aug. 10. Raving of a spiritual marriage contracted In heaven, which he believes unites him to two prominent society girls of San Fran cisco. John P. Gallagher, a graduate of the University of California, was com mitted to the State Asylum for the In sane at Agnews today. A few weeks ago. it is said. Gallagher escaped from a sanitarium in St. Helena. FERRIS TO SUE RAILROAD Man Acquitted of Dynamiting Train Wants Heavy Damages. BUTTE. Mont, Aug. 10. Louis Ferris, acquitted recently of the charge of dyna miting a train on May 1. 1908. brought suit today against the Northern Pacific Railway, Archie Reynolds and James Reynolds to recover damage" to the amount of $200,000- INCH WILL ESCAPE T GALLOWS Supreme Court Affirms Sen tence on Murderer of Ralph Fisher. NO GROUND FOR NEW TRIAL Defense Loses on Every Point and Accused of Calling Judge and Juror as- Witnesses for Ul terior Purpose. SALEM, Or., Aug. 10. (SpeciaU "We have thus examined every contention of counsel, and can find no reason why a new trial should be granted in this case. We are not unmindful of the terrible consequences of this decision to the de fendant, but they are only aueh as the application of law to his own conduct has produced." In these words the Supreme Court to day concludes an opinion affirming the lower court in the case of the btate vs. James Finch and dooming the defend ant to death. There Is believed to be not one chance In a thousand of Finch's securing an appeal to the United States Supreme Court and nothing but a stay of execution by the Supreme Court or a reprieve by the Governor can prolong his life beyond 60 days, although the de fendant is expected to apply for a re hearing, which may delay matters a short time. The opinion is written by Justice Mc Bride and goes into every .contention made by Finch's lawyers. Some of the grounds urged as the basis for a rever sal of the lower court are declared "far cical" and "frivolous." No Undue Haste in Trial. The opinion takes up the assignments of error as stated In the reply brief of defendant's counsel. The first is that the court erred In compelling defendant to go on trial within eight days of the commission of the crime. The court finds that, while defendant's attorneys were not formally retained until defendant was indicted, they were present at the Coroner's inquest and their conduct of the case showed their familiarity with It from the start. The question of granting a continuance on the ground of the absence of material witnesses is taken us. and it is shown that all witnesses were present except two, Mrs. Finch and W. C. Piggott, that Mrs. Finch's testimony was taken by de position and that Piggott, had he been present, would have testified to the same state of facts as that brought out in the testimony of the defendant and Mrs. (Finch. ' It is admitted that Piggott's testimony would have been relevant, but the affidavit requesting a continuance did not contain facts sufficient to enable the court so to determine at that time. "The granting or refusing of a motion for a continuance is a matter in the discretion of the trial court and will not be dis turbed on appeal except for an abuse of that discretion," declares the opinion. Jury Not Prejudiced. Owing to. the fact that none of the cartoons or alleged inflammatory arti cles of Portland newspapers were at tached to any of the affidavits in the case, it was impossible, in the opinion of the court, for either the trial court or the appellate court to pass intelligently on the question of whether such arti cles and cartoons were of such a nature as to influence the public mind against the accused. It is pointed out, .however, that no exception Is taken to any ruling of the court in regard to the acceptance or rejection of any Juror, Indicating that both sides were satisfied with the panel. Regarding the alleged error of the' trial court In permitting the introduction of testimony regarding the disbarment pro ceedings against Finch, the Appellate Court holds that the disbarment proceed ings were the motive of the killing and that motive may always be shown in prosecutions for murder. The court holds that there was no error In permitting the introduction of photo graphic plates of Fisher's office. They were offered to enable the witnesses to gain a better idea of the general situa tion of the office furniture, etc. The Introduction of a photograph of Fisher, taken when in health and strength, Is held not to have been an er ror, as It was done merely for the pur pose of Identification and not to "excite the passions or sympathy of the Jury." Sought to Put Error in Record. As to the cross-examination by the prosecution of Edward H. Martin, who testified to Finch's condition after being received at the City Jail, the Appellate Court holds that "acts or conversations with third parties tending to show active interest and partisanship on the part of a witness In favor of the party for whom he is. called are always admissible as tending to show bias, and therefore going to the weight and credibility of his tes timony." Regarding the claim of error based on the fact that Presiding Judge Bronaugh and one of the Jurors were called to the stand, the opinion declares: "Both the Juror and the. Judge were called by the defendant and upon such inconsequential matters as to leave the Impression that counsel in their zeal for their client were seeking to get an error into the record with a view to taking advantage of it afterwards. Criminals would find an easy method of evading Justice if the law were so farcically technical that the trial could be brought to a standstill and a new trial obtained by the simple expedient of call ing a Juror as a witness." The court then cites the law to show that just such contingencies are provided for. The court holds that the objection to the grand Jury is not well taken. Whether the constitutional amendment of June L 1908, was in force or not, "the right to Impanel a grand Jury existed." Death Penalty Constitutional. The Supreme Court, answering the ob jection that defendant was not represent ed by competent counsel, says: "These attorneys were of his own choosing, and the record here shows that they defended him intelligently and zealously. That they failed to secure his acquittal is not surprising, in view of the testimony disclosed in the record." Several pages of the opinion are de voted to the contention that the infliction of the death penalty rs contrary to the constitution. The section of the constitu tion is copied from the Indiana constitu tion, where opinions have held it to be not inconsistent with the theory of punish ment for reformation. The same point is covered by an early opinion by the Ore gon court. Northwest People ih East. NEW YORK, Aug. 10. (Special.) Visitors from the Pacific Northwest registered at local hotels today are: From Ashland, Or. A. A. Conger, Mrs. A. A. Conger, at the Bartholdi. ; From Tacoma L- C Dennis; at the Imperial .. Merchandise of Merit Only t Dili ken Dolls i September Delineator on Sale life Announce on Wednesday A SALE We use the word "Sale" merely to draw distinction to this event from the steady tide of every-day business at reg ular prices. These are not "sale" suits, but the closing out of garments reduced in furtherance of our rule that no goods be carried into another season. These linen suits1 are the choicest style of Summer season, now at the height of popularity. W e could easily withhold the sale of these ,gar-i ments for three or four weeks yet, and. the price thai We offer them today close s them out in one day. Linen Suits, Regular $15.00, $7.95 These linen suits come in white and natural shades. Coals cut 40 inches long, trimmed with large jet buttons. Skirts fashioned in the wide popular flare style. .Not a suit in this asssortment sold for less than $15.00. 7o day we offer them at $7.95 Final Clean-Up CHILDREN'S COATS Here is a sale of Children's Box Coats, sizes from 2 to 6 years old, in many pretty styles, colored gar ments. These coats are, every one of them, brand new, well made and up to date. We have grouped them in four lots and marked them at prices that will save you more than half the price of the coat. These coats can be worn way into the Fall, and at the prices are the very best bargains ever offered in children's outer garments. All coats up to $2.00 98c All coats up to $3.75 .... $1.69 All coats up to $5.00 .... $1.98 All coats up to $8.50 .... $2.98 A WASH GOODS CLEAN-UP, 5c Final wind-up of our Summer business in wash' goods. Our wash goods manager has taken stock and collected together all of his new Summer wash fabrics, printed batiste, Arnold's suiting, printed lawns, poplin nets and other fancy weaves. The value of these goods runs as high as 25 cents. We put the entire lot of about 3000 yards in a sale for Wednesday at 5c a yard. Others Test the Eyes We Measure Them Thompson bns the most scientific eye - measuring instruments in the optical field today. Eminent medi cal authorities in London, Paris, Berlin and Vienna have declared his instantaneous method of eye meas urements to be the greatest discov ery made In optometry lu the 20th century. DIFFICULT CASES SOLICITED. ONE CHARGE COVERS COST OF EXAMINATION, GLASSES, FRAMES THOMPSON SIGHT EXPERT SECOND FLOOR CORBETT BLDG, FIFTH AND MORRISON. If your rugs are dirty, DIRTY through and through, send them to a cleaner. But if they are only dull from dust and soot settling on the surface, use Ivory Soap. It will make them look like new. Directions: Make tiff lather of Ivory Soap and warm water (half a cake of Ivory Soap will make a bucket of lather) and 8crub rug, width by width. Wipe with a clean, damp sponge. Ivory 9941oo Per Cent. Pure. 60 Soap JAHN Fine Line Best German Wavy Hair Goods. 384 Yamhill St, 1S5 Wt Park. , Phones Main ' 6174, A 0544.