XITE MORNJNO OREGONIAN, WEDNESDAY, OCTOBER 13, 1909.
EXCISE GASE NEAR
READY FOR JURY
Final Arguments On, Each
Side Taking Hour
and Half.
SAM LOTAN IS DISMISSED
Tlelnste in and Breelaaer Take Stand
In Own Behalf State Appears
to Have Made Little Head
wayEnd by Xoon.
Before noon today It will be up to &
Circuit Court Jury to decide -whether or
pot Morris Relnsteln and S. Brealauer.
ftrewerymon, mutilated the Excise Board
petition to keep it of! the ballot at the
last city election and thus head oft a
blow aimed at the brewing Interests.
'Arguments were In progress when court
adjourned yesterday. Both state and de
fense committed themselves to an agree
tnent making It Impossible to protract
their final arguments. An hour and a
half was allotted to each side In which
to conclude.
Just three hours were consumed by the
Defense In presenting its case, after the
state had finished its half-week of testi
mony. Attorneys John F. Logan and S.
B. Huston, representing the brewerymen.
confined themselves largely to emphasis
ing the weak links in the circumstantial
chain by which conviction of the men Is
sought. "While the mate succeeded in
presenting a number of circumstances
strongly pointing to the guilt of the ac
cused, the defense established a large
element of reasonable doubt, so that the
final outcome of the case is very hard
to speculate upon at this time. It is
generally conceded, however, by those
attending the trial, that the state has
not succeeded in presenting a very strong
case.
No Case Against Lotan.
1 Dismissal of the charge against Sam
Ilotan, Deputy City Auditor, who was
'originally Indicted with the brewerymen
Ior complicity In the alleged forgery, oc
curred during the forenoon session of
court and occasioned no surprise as it
was generally understood that Lotan's
.ppearance for the state was to be at
tended by his release from prosecution.
KHls testimony against Breslauer and
Keinstein proved somewhat damaging.
On the nlzht of Anrll 19. he said, he met
the brewerymen by appointment at the
Fourth-stree entrance of the City Hall.
They had made the representation to
liim that they wanted to check over the
jMcKenna. or excise board petition- and
lie had admitted them to the office mere
ly as an accommodation. lie let them
Hhave the petition in the vault and then
at down to write some letters. Reln
'cteln presently came to him and bor
rowed a pencil and office eraser. Sev
eral times he went to see how the men
.were progressing with their work but
tsjaw nothing wrong. They had the petl
tion in their possession for a couple of
thours and then retired with Lotan. On
'the way down town Relnstein told him
!the McKenca petition would never pass,
'the witness said.
No effort was made, on cross-examination,
to refute any of that testimony.
Lotan was asked, though. If he hadn't
been lead to believe he wouldn't be prose
cuted if he testified for the state. He ad
mitted such was the case, but denied any
prom! had been made by the District
lAttorney'e office.
; The defense called Lewis K. Fenfleld,
Teputy City Auditor, as the first witness.
Penfleld was asked if Relnsteln hadn't
arked to see other petitions beside the
Mr-Kenna document and replied in the
affirmative. This testimony was in
tended to show that the breweryman's
Interest in initiative petitions was not
confined to the one he is alleged to have
mutilated.
Relnsteln was then called to the stand
In his own behalf. He confirmed the
things Lotan had said, except that he
tad no recollection of borrowing a pencil
and eraser from the Deputy Auditor.
tHe denied emphatically having made any
j erasures or alterations in the McKenna
j petition, saying he merely checked it
i over to confirm a report he had received
1 to the effect that It teemed with for-
Beries and was accordingly worthless. He
said he, Breslauer and Lotan made no
secret of their visit to the Auditor's
offloe on the night in question, going and
leaving openly and mentioning the mat
ter to several friends afterwards.
Tells About Blinds.
J. BL Toung. a battalion chief of the
(Portland Fire Department, was called to
show the unreliability of testimony of
Janitors to the effect that the blinds in
the Auditor's office are rarely if ever
drawn, as they were on the night of
April 19. Toung said he has frequent oc
casion to visit the City Hall after night
and that it is not unusual to see the
blinds drawn. He noted that "pheno
mena" only last Saturday, so he af
firmed. As establishing the good reputation of
Ttoinstein, Dr. A. C. Panton. Edward
Khrman. R. L. Durham and William
Goldman were called to the stand to
testify as to his general standing in the
community. All averred that Reinstein's
reputation has been of the best during
the several years they have known him.
Breftauer was the next witness. He
told the same story as did Relnsteln. He
was followed on the stand by Roger
Binnott. an attorney who wag engaged
by the liquor Interests to check over the
McKenna petition to determine whether
or not It was valid. He said he found It
defective and so reported, before the visit
of Relnstein and Breslauer. This evi
dence was Introduced to show that the
accused men could have had no motive
In forging a petition that was already
worthless through countless forgeries
committed by the agents who circu
lated It.
Both sides then rested and arguments
were proceeded with. Deputy District At
torney Vreeland spoke for half an hour
defining the law applicable to the case
and outlining the testimony evolved by
the prosecution. He will conclude his
adtlrers this morning. Attorneys Logan
and Huston will divide their alloted hour
and a half, each speaking 45 minutes.
Th case is certain to be left to the
Jury before noon.
PLAY TO CAUSE BATTLE
; Eatd Legal Steps 'Will Be Taken to
Stop "Great John Ganton."
TVhat promises to be an interesting
legal battle will probably be begun here
next week when the Messrs. Shubert. of
New York, present their new drama,
The Great John Ganton." Certain inter
ests in Chicago have entered spirited ob
jections to this play on the theory that
the author. J. Hartley Manners, has
taken unwarranted liberties with Inti
mate incidents in the life story of a
prominent meat baron of the "Windy City,
now deceased. The Shuberta have re
ceived, letters. It Is said. In which, suits
have been threatened Jf the play is not
removed, or at least modified in some of
its parts.
According to advices from San Fran
cisco, where the attraction played last
week, these protests were renewed even
more violently than before and those in
terested believe the final 'Ishowdown"
will occur in this city, when the produc
tion is given Its first hearing at the
Portland Monday night
The central figure in the play, which
has brought about the contentions. Is
John Ganton. king of the stockyards.
Ganton Is portrayed as a man of force
ful personality, uncompromising and un
scrupulous In his business relations. By
methods which nowadays would fall un
der the ban of the Interstate Commerce
Commission, he forced his way to su
premacy In the packing Industry.
Arthur J. Eddy, who wrote the book
"Ganton & Co.," from which the play
has been drawn, does not believe efforts
to suppress the production will be suc
cessful. Although Eddy has been
charged with taking liberties with Incidents-in
the career of the late Philip D.
Armour, of Chicago, he has persistently
refused to affirm or deny the charges.
What legal steps will be taken is not
definitely known, but that steps will be
taken to prevent the production seems
assured.
POSTS TO BE AGREED ON
President Josselyn Says Gas and
Electric Companies to Confer.
tn regard . to lighting the downtown
streets with sidewalk lamp posts, Presl-
RODMAN IS HAPPY
Recently-Wed Chauffeur Not
Afraid of Charge.
RETURNS WITH HIS BRIDE
Says Only Reason for Slipping Away
to Interior of Oregon to Marry
Witness Against Him Is Just
Because They Wanted To.
"We are happy. I have no fear of
the outcome of my trial on a man
slaughter charge and my wife evidently
feels the same way or she would not
have married me. I am going ahead
here in Portland and continue to earn
en honest livelihood. If the District At
torney's office wantB my wife for a wit
ness against me It can have her. I do
not fear any evidence she, or any other
person for that matter, may give."
This was the statement last night of
BRIDE OF CHATjTFEUBi WHO IS UNDER INDICTMENT IN CON
NECTION WITH DEATH OF MRS. MAY REAL.
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MRS. FRANK E. RODMA2T, FORMERLY MRS. ETHEL E. SEITV.
dent Josselyn, of the Portland Railway,
Light A Power Company, says his com
pany will make an agreement with the
gas company as to the kind of posts to
be used, after this is selected by the
City Council, and after one year all posts
not conforming with the design accepted
will come down.
This matter will come up before the
Council two weeks from today. As it
stands now all posts on Washington
street, whether for gas or electricity,
must be of uniform design and must be
on the model submitted by the gas com
pany, while on Seventh street they must
be of the design submitted by the electric
company.
All posts in the fire limits oh other
streets will be required to be of the de
sign agreed upon by the two companies.
i I
So me tiling K very body Slionld Know.
Anyone suffering from rheumatism,
lumbago, kidney or bladder trouble and
backache can get . quick relief by pro
curing from his dTugglst the following
simple remedy: Two ounces salgrene,
mixed with four ounces pure olive oil.
and taken in two-teaspoonful doses every
three hours. This remedy contains ab
solutely no alcohol, making an invaluable
remedy. Alcohol when taken into the
system irritates the kidneys and stomach.
Kev York. The condition of David Bel
asco. the theatrical xhanAgpr. -who 1 ill wlta
pneumonia. how a slight Improvement.
SPOKANE PASTOR WHO IS CON
DUCTING SPECIAL SERV
ICES IN PORTLAND. '
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If- Qjf . .'.j
I h.',.-,.r..M in-mi i-fi,ii n im in
Rev. C. Howard Davts.
The special meetings in the
First Church of the Nazarene, '
East Seventh and East Couch
streets, will continue until Oc
tober 24. The services are held
at 2:30 and 7:30 o'clock each
week day; .Sunday at 11 A. M.
and 7:30 P. M. Rev. C. Howard
Davis, who is in charge, is wide
ly known throughout the East as
a very successful evangelist. He
is now pastor of the First Church
of the Nazarene. Spokane, Wash.
Everybody is welcome to these
services.
Frank E. Rodman, an auto liveryman,
who returned yesterday morning over the
O. R. & N. from The Dalles, in company
with his bride, who was Mrs. Ethel E.
Sexty, formerly residing at 3704 Haw
thorne avenue, and who came here from
California over one year ago. Mrs. Rod
man was a divorcee and has a 4-year-old
daughter not now living with her.
Rodman, Jointly with Mrs. Hasel Mad
dux, wife of Patrolman Clifford W. Mad
dux, will be tried in November in the
Circuit Court, on a charge of being occu
pants of the automobile that ran down
and killed Mrs. May Real, of 10 East
Bixth street North, the morning of August
4, on the Llnnton road, opposito the
Lewis and Clark fairgrounds.
Rodman and his wlfo will continue liv
ing at 1114 East Marrlson street, where
they have lived for the past month, the
then Mrs. Sexty acting as housekeeper.
The couple was married by Justice of the
Peace O. G. Colllver, of Culver, Or., in
the Madras country, near which place
Rodman's brother, George Rodman,
lives. The wedding occurred last Satur
day evening at 8 o'clock. Owing to a rain
Saturday the trip back was delayed, the
Thomas Flyer driven by Rodman making
slow progress through the mud.
The first report of Rodman's marriage
reaching here, was that Miss Ethel Noss,
of 874 Savier street, the state's chief wit
ness against him, was the bride. This
was made the subject of jocular remarks
by Rodman last night, who, according to
his own statement, has very little love
for Miss Noes.
Rodman denies he and his wife kept
their proposed marriage secret to pre
vent the District Attorney's office from
becoming apprised of it, fearing an in
junction would be got out to restrain It In
order that Mrs. Sexty might be a witness
for the state when the case comes to
trial.
"We just chose to do it that way," he
said. "That is our only explanation."
At the time of Rodman's arrest, Mrs.
Sexty, together with a woman giving the
name of Pearl Thomas, were summoned
before the grand Jury. At that time it
was reported Mrs. Sexty told the grand
jury Rodman told her he was out on the
Llnnton road in his machine on the
night of the Real tragedy. Owing to the
fact that the law does not permit a wife
to testify against the husband, this evi
dence will be barred at the hearing.
WEATHER TO STAY GOOD
No Middle Western Conditions Al
. lowed Here tn Oregon.
Portland and vicinity will be immune
for some time to come from the Wintry
blasts and frigid atmosphere the Middle
Western States have suffered for the
past few days, according to the prognos
tications of District Forecaster Beals.
Fair weather Is promised for today and
the outlook is for a continuance of the
same conditions for several days.
The ideal climatic conditions in Port
land are In the mean only local. North
ern Washington is destined to receive
showers throughout the day, while in
Western Idaho and Northern California
the mercury is booked to climb several
degrees to an uncomfortable temperature.
No immediate showers are anticipated In
this section, yet the barometer at differ
ent points of the state indicates unsettled
conditions.
Washington. There was a small Increase
In the amount of excavation on the Panama
Canal during September over August. -
ops!
V VJB
Largest Assortment of Fashionable Boots in Portland
Von can nmo.tice economy and at the same time follow
fashion if you wear ' ' QUEEN QUALITY" Shoes. They
have always enjoyed pre-eminence a3 originators and
promoters of artistic shoe design, but their position on
this question of. style is more emphatically established
this season than ever before.
It is a, great mistake to class "QUEEN QUALITY"
with ordinary shoes sold at the same price; impartial
comparison reveals a striking difference. Without limit-
to trip number of stores at
which you may try -we positively assert that you cannot
find any shoe assortment to excel our present showing of
"QUEEN QUALITY" Shoes.
Prime materials and expert shoe-making are artistically;
combined in "QUEEN QUALITY" Shoes, with the result
that they approach nearer perfection than is often reached
by human hands. You can find the same materials and
aa finished shoemaking in other lines; you MAY even find
the same designs so often are they copied. But rest
assured that when you locate these properties in combina
tion it will not be at "QUEEN QUALITY" prices.
A daily output of 18,000 pairs tells the story.
OVER FIFTY NEW DESIGNS
MANY SHAPES ALL LEATHERS
$3.50
THIS BUSINESS IS STRICTLY UNABRIDGED
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F
OLLOWS
INT
Starved Girl in Hospital, Sis
ter and Baby Cared For.
PHYSICIANS HAD CALLED
Patrolman's Report Exaggerates
Plight of Annie Bruner Her
Room Tlffy, Not a "Dirty
Garret" Man Donates $5.
Bfflo Bruner, the younger of the t-wx
irls whom Patrolman W. D. Hum
phreys found last Monday night in des
titute circumstances at 629 Raleigh
street, was taken to St. Vincenfs Hos
pital yesterday morning. Dr. R. F.
Ashby and Dr. J. C. Ross, her attend
ing physicians, state she has a fair
chance for recovery, although her
frail constitution and ill-nourished con
dition will hamper her progress.
It was erroneously given out in Po
liceman Humphreys' report that no
medical attention had been received
by the sick girl. On the contrary, Drs.
Ashby and Koss had gratuitously ten
dered their services and had called
five times. It was in their absence
Monday evening that steps were taken
to remove the girl to the hospital.
Lacking funds, the landlady, Mrs. I
W. Davis, volunteered to solicit sub
scriptions, and it was while she was
thus engaged that Patrolman
Humphreys offered his services. The
two collected $25, which was .turned
over to Anna Bruner, the older sister.
Also erroneous was the statement of
tlue patrolman that the two girls were
housed in a dirty garret. The room is
small and poorly furnished, but is as
neat and tidy as the two fragile
hands of Anna Bruner can keep it. She
is an unusually bright and attractive
girl, with an air of refinement. Slender,
almost to fragility., she maintains a
capable, self-reliant manner iiiau
appealing.
wnrHnir in . the naDerbox factory
for 75 cents a day, paying her rent of
jl.50 a week and giving $12 of her
meager earnings to a Mrs. Miller, at
Twentieth and Raleigh streets, for the
maintenance and proper care of the
seven-months-old baby girl. Opal May,
has been the pitiful history of Anna
Bruner for the last few weeks. At
no time has the baby girl been neg
lected, for the girl mother has starved
and managed to work when ill enough
to bo abed that her baby might not
suffer want. She loves her little one
devotedly. Tears stood in her big eyes
as she spoke of her cnua. Arrange
ments have been made whereby Mrs.
Davis, the landlady, is to care for the
baby for $10 a month, $2 less than she
is paying Mrs. Miller, and at the same
time the child will be under the same
roof with its mother.
Miss Bruner declined to discuss her mat
rimonial troubles, simply stating that her
husband deserted her two weeks prior to
the birth of her baby, and that she has
heard nothing since of his whereabouts
and has had no communication from him.
Until a month ago the two girls resided
with their mother and stepfather, Ed
anith,, on Nicolal street. There are
three small Bruner children, aged 12, 7
and 3 years. The stepfather did odd jobs
about Portland to support the family.
About a month ago they removed to
Dundee, Or., and the girls, Anna and
Effle, rented the room at 629 Raleigh
street
The yotKiger girl has been ill for several
weeks, fever, allied with poor food and
air. gradually gaining a hold on her
system that made it imperative for her
to be sent to a hospital where she could
receive proper air and attention, neither
of which her sister could give her.
Steps are being taken to secure em
ployment for Anna Bruner which will
enable her to have her child with her.
H. C. Hanckle, of 414 Johnson street,
moved by the destitute condition of the
Bruner girls, visited the Police Station
last night and donated $5 for their aid.
Apperson Case Goes Over.
OREGON CTTY, Or., Oct. 13. (Special.)
Circuit Judge Eakln has taken under ad
visement the case of John T. Apperson
IfLXTE Sr W5s.3
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MEG ATI V
STORE UP NERVE FORCE
Stop at any drugstore and examine a pair of Electropodes. The drug
gist will tell you that they feed the body with a continuous current of
Nerve Force Electricity. .
Electropodes have cured more cases of Nervous Headaches and other
nervous ailments than any five other remedies combined. The rrice Is
$1.00 a pair and if they fail to effect a cure, your druggist will refund tho
dollar.
ELECTROPODES
are two metallio insoles,
worn in the heels of the
shoes. One is a positive,
the other a negative plate
forming the two poles of a
galvanic battery; thus
producing electricity.
ELECTROPODES
duce a good circu
lation of the blood and make cold, clammy
feet dry and warm.
ELECTROPODES "anTfS n"v;
troubles by strengthening the inside nerves.
Have cured others; will cure you.
Buy Electropodes of your druggist, and If
he cannot supply them, have him order a
pair for you from
STEWART & HOLMES DRUG CO.
Wholesale Distributors, Seattle.
against the City of Oregon City and will
render a decision early in .Novemner. Ap
person is the owner of a block of ground
on Eleventh street which the city proposes
to improve, and he has secured a tem
porary injunction, restraining the cltj
from proceeding with the Improvement.
on the ground that his property would be
Injured thereby.
Chicago, Roy Keatsr, publisher of a
weekly newspaper, was sentenced to serv
six months in the Bridewell Monday by
Judge Landts, of the United St&tea District
Court.
Those who once
taste the exquisite
flavor and de
liciousness of
COCOA
9g
will always drink
it not from hab
it, but from choice.
It makes the ideal
beverage for
every meal.
Don't ask merely
for cocoa ask for
GhirardellPs.
C o co a.
Fact
No. 22
On the cocoa tresj
the fruit pods grow
right on the trunk
and on tho main
branches, not neo
cessarily near the
leaves. In this re
spect the cocoa tree
differs from most
fruit trees which bear
flowers and fruit on
the (mailer tide
branches.
WHEN A MAN'S FIFTY
When the sver.e man reaches the Mo of fifty years, hii body bei.n. to creak s little at the
Muses. Motion ia more alow and deliberate. "Not ao yoon a. he need to be la a frequent and
unwelcome thoi.ht which obtrodea il.elf. Little indulteocea In the way of rich food and atimnlat
in drinka mnat be foregone. Certain bodily fonction.. npon which food health and ood apinta ao
much depend, are impaired. Aa a rule, the weak spot is
T IX D 13 Ij -a.X 33 X3 H.
When thie organ beeomea affected, eren in a elijht deifree. It gives rise to moat nnpleaaant
eymptoma. Painful and annoying complications in other organa ariae. and a generally diaagreeable
condition exiete. Thia ia particularly true with elderly people. The important feature of the matter
ia that the trouble can be obviated and cured. A remedy ia at hand which ia at the aame time
effectlvdneipenslve-tiOLD MEDAL HAARLEM OIL CAPSULES.
Thia old-fashioned, time-honored home remedy atanda without en equal aa an encettye and
anre remedy for all Bladder, Kidney, Liver and Stomach troubles, it has been need over 200 years,
and thousands testify to ita efficacy. Lately, however, many worthless and injurious imitations have
sprung np. The Pure Food and Drug Law ia making it difficult lor these frauds. Ihe genuine,
reliable, trustworthy Haarlem Oil ia named OOLI MEDAL.
Gold Medal Haarlem Oil is put np in two forms, in Capsulta and Bottles. Capsules 2 bo. and
50o. per box. Bottlea 15c. and 35c., at ail drnggista. Be anre yon obtain the Gold Medal Tilly bran !
HOLLAND MEDICINE COMPANY, SCRANTON, PA.