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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 9, 1909)
TITE MORNING OREGQXIAN. TUESDAY, yOYEMBER 9, 1909. 10 GAOSBY LAWYERS INLDNGWRANGLE Arguments on Instructed Ver dict for Parents Take All Day. . MAY GO TO JURY TODAY Various Rulings of Supreme Bench Cited and Testimony of Botb Sides Is Reviewed at Great Lngth by Attorneys in Case. Yesterday's resumption of the hear ing of the $200,000 damage suit insti tuted by Mm Beatrice Hill Gadsby against Captain and Mrs. William Gadsby for the alienation of her hus band's affections was occupied almost entirely by arguments pro and con by the attorneys on a motion for an in structed verdict in favor of the de fendants. The arguments lasted all day, and at 5:30 o'clock Judge Morrow adjourned court to resume the hearing this morning at 9:30. All the testimony of the rival claim ants was In early In .the morning ses sion, and Attorney Isam IV. Smith, who Is acting for Captain Gadsby in con Junction with James Gleason and John F. Logan, took the floor and argued for three hours In asking the court to render an instructed verdict in favor of 'the defendant Mr. Smith proved a forcible speaker. Ex-United States Senator Fulton, who, with J. V. Beach and C. M. Idle man, comprises the array of legal talent representing Mrs. Walter Gadsby and her parents, the George H. Hills, followed Mr. Smith, and In speaking against an instructed verdict, cited at length previous rulings made by the Oregon Supreme Court In practically Identical cases. Senator Fulton con tended that the case should go to the Jury on Its merits, and In his argu ment he summed up the testimony and attempted to show that the disputes between Walter Gadsby and his wife were due entirely to interference by the husband's parents. Fulton Blames Parents. Senator Fulton dwelt at length on the evidence introduced at the trial, and cited the statements of Captain Gadsby. as well as of Mrs. Gadsby, his wife in which he attempted to show that there had been no inclination evinced on the part of the Gadsbys to effect a reconciliation between Mrs. Beatrice Gadsby and Walter, and also that it was the cruel remarks and sneers directed at the younger woman which caused her to leave her hus band's home and to seek comfort from her own parents. Senator Fulton spoke on thejilleged wronKS inflicted upon Mrs. Beatrice Gadsby, and. in upholding his conten tion against an instructed verdict, read excerpts of the Supreme Court records of the case of Ferrers versus Hart, an action which hsld many de tails similar to those of the present trial. Senator Fulton contended an In structed verdict was not within the province of the court in the present in stance. Following Senator Fulton came At torney James Gleason. employed by Captain and Mrs. Gadsby, who in an oratorical fllirht contributed a most in teresting and 'forceful argument in favor of the defendants. Mr. Gleason said Mrs. Beatrice Gadsby had flitted about the court room in anything but the attitude of a deeply-wronged young wife and mother, and that the sum asked In the damage suit was entirely beyond all reason in that she showed no ill effects from the treatment ac corded her. Hills Called Mercenary. Mr. Gleason furthermore contended that Walter Gadsby is now, ami always has been, ready to receive his wife back, and that the only reason the reconciliation had not been effected before thtji was the mercenary attitude of the parents of the young woman, who, Mr. Gleason contends, are en deavoring to "do" the parents of their daughter's .husband out of a large sum of money. Purine his argument Mr. Gleaoon dwelt on the services Captain Gadsby had rendered the country as a volun teer during the Spanish-American war, and maintained that he had always cherished the fondest attachment for both his daughters-in-law, the wives of his sons Walter and Ben. and that he had done everything in his power to promote the best. of relationship be tween the different families allied by the marital tics of the young folks. Mr. Gleason also cited Captain Gadsby's testimony in which he alleges he Is willing to accept Mrs. Beatrice Hill Gndsby back again, and also that Walter Gadsby still loves and desires to cherish his wife, whose separation. Mr. Gleason contended, was no fault of the Gadsby family. During the arguments for the in structed verdict the jury was dismissed for the day. and the oratorical efforts of the attorneys were heard by Judge Morrow, who, at the conclusion of the arguments for and asralnst the render ing of such Instruction, announced that he would decide the point this morning and adjourned the court until that time. The case will probably go to the Jury about noon. Y. M. C. A. TO END TASK Xcw Building Will Bo Completed In Fortnight. Two weeks more will probably witness the completion of the fine new building of the Young Men's Christian Associa tion, at Sixth and Taylor streets.. Al though a portion of the structure has been occupied for several months, the organisation went Into it when the greater part of the Interior was unfin ished and a large force of workmen has been employed ever since. The building Is now practically com pleted, with the exception of the rooms on the first floor. These include the general ofTlces, and the various secre taries will occupy the new quarters as soon as they are available The audito rium Is also on the ground floor. Meet ings up to the present time have been held in the gymnasium on the second floor, but "most of them will probably be held In the auditorium as soon as It Is rrndy for occupancy. The auditorium In the new building is rot large: In fact, it Is smaller than In the old building. This has occasioned some surprise, but General Secretary Stone explains that this Is in line with modern Y. M. C. A. method. Thm vari ous Y. M. C. A. departments are really made up of numerous small classes and clubs, which require a large number of small rooms, and the association does not feel that it can afford to take up a great deal of space with a single auditorium. It Is found to be greater economy. Mr. Stone explains, to rent a hall or church when an unusually large meeting is to be held. The auditorium, howeyer. is expected to accommodate the usual Sun day afternoon meetings which have be come verv popular. Social features f the Y. M. C. A. have been held back because the restaurant in the new building is not completed." The ranges, however, are now being in stalled and bids have been called for on equipment for the restaurant. When it Is' ready lunches will become a feature of the class, club and committee meet ings, a serving elevator connecting the kitchen with all parts of the building. Soon after the building is entirely com pleted, some kind of formal opening will be held. This ceremony will probably not take place until December. CUPID AND STORK WIN lOWN OF STAXFIFXD HAS A XOVEL BPOSTIXG GAME. First Couple Married, First Baby Born and First Fair of Twins Will Get Residence Lots. Boosters of Stanfield, a rapidly grow ing town in the irrigated district of Umatilla County, has adopted a novel LOCAL OPTION IS BEST, SAYS MAYOR Simon Would Drop 318 Sa loons and Leave Choice to People. CELLARS BILL SEEMS LOST Drastic Measure Against Resorts Still With Committee Debate Ends In Wrangler Lid Law Violator Forfeits License. While the liquor license committee of the City Council . at Its meet ing yesterday discussed the drastic ordinance prepared by the City Attorney at the request of Councilman Cellars, pro posing more stringent regulations for sa loons. Mayor Simon gave expression to his views on the liquor question in an Interview at his office. He favors local STANFIELD 'S FIRST BRIDE AND GROOM, WHO HAD TO GO AWAY TO WED f I - i r " t .... . .... ... mC : ... A ml, MR. AND MRS. ROY S. SEAL. wr 1 ' - T i t - 4 I plan for Increasing the population ot that place before the 1910 census is taken. The scheme is distinctly Roose veltlan. It consists of presenting resi dence lots to the first couple that weds within a prescribed time, and also to the first baby boy. baby girl and twins born in Stanfield. That the awards may be impartially distributed, the fol lowing committee has been named to determine the winners: W. R. Ellis, Representative from the Second Con gressional District: Addison Bennett, of the Irrigon Irrigator, and N. B. Al drlch, of the East Oregonian. Tbe claim of Roy S. Neal and his bride, formerlv Miss Delia Bott, of Pen dleton, to the residence lot as the prize for the first Stantleld couple to wed has been contested. In the absence of anybody at Stanfield who is qualified to perform a marirage. Neal and his fiancee were married in Pendleton. It Is on this claim that their right to the residence lot has been challenged. As a result, the boosters of this get-the-population contest have decided that claimants for any of the prizes offered must have resided for two months In Stanfield or upon the lands in the Fur-nlsh-Coe project, or must be the owner of lands in one or the other. These conditions apply to the awards which have Veen provided, as follows: Free residence lot each for the first couple married in the new town, first baby boy born, and the first baby girl born in that town. v Also lot for first child born after July 15. 1910. Similar prizes also have been offered for twins, consisting of two boys; twins, two girls: twins, boy and girl. POSTOFFICE ASKS HELP Extra Allowance of C200 Sought for Holiday Season. Increase In local business and popula tion has caused the Portland Postofflce to ask for an allowance of $1300 more for the employment of extra help for the holiday season than was spent for that purpose last year. The additional money is wanted for extra clerk hire, and the total amount asked for that purpose this year is J1400. Several weeks ago a request was for warded to the Postofflce Department, asking for $500 for extra carrier for the holiday season, and J100 to hire express wagons for unusually large .loads. ' This amount was granted, and recently the additional money needed for clerks was applied for. The additional clerks and carriers will be paid 30 cents an hour. This is not as much as the regular men receive; but the latter will be allowed no pay for the extra time they will be forced to put In during the rush season, while the extra men will get pay for tha full time employed. GRAPPLER IS FINED $20 Wrestler, Companion and ITnwilllng Opponent Pay for Brawl. A desire to exhibit his wrestling ability cost Alfred Nyble, a logger, $20 yesterday morning in the Municipal Court. Gilbert Hanson, his companion, was fined 110. Oscar Hanson, a tailor, their victim, recently arrived in Port land from Seattle. He was also fined, his penalty being to. , Nyble and his companion were drink ing In the Cozy Corner saloon at First and Alder street, Saturday afternoon, when the tailor, a stranger to them, entered. Nyble grabbed the tailor and Insisted that ha wrestle with him. The tailor objected and Nyble threw him anyhow, the stranger's head striking the floor with great force, rendering him unconscious. He was removed to St. Vincent's Hospital, and, recovering, be was sent to the City Jail. As it was shown that all the men were drunk, each was fined. DRESS GOODS SALE. All dress goods remnant at Just half marked price. Take advantage of this special event. McAllen & McDonnell, Third and Morrison. . PILES riREP IX 6 to 14 DAYS. PAZO OINTMENT is rusranteed to cure any cfl of Itchlns. Blind. Bleeding- or Protruding Plica In io 14 days or monsy refunded. oie. option, giving the people of a district the right to determine the question as to whether they will allow the sale of in toxicant:! In their dlstrkt. He would also, if possible, have a change' In the law so that the Police Commissioners would con trol the saloons in Portland, and he would not allow more than 100 to be li censed. He does not believe in prohibi tion, however. It seems evident, that the Cellars ordi nance is doomed to defeat, as it was not recommended to the Council, either to pass or not to pass, but was left with the committee. One big amendment was made to it. the anti-free lunch feature being eliminated. It is apparent that it has the. strongest kind of opposition. Councilmen Belding. Menefee and Annand declined to vote with Councilman Cel lars, and Councilmen Watklns and Wal lace voted to send It to the Council with out recommendation. Xew Plnn Sfeeded. It seems generally believed in official circles that some new means of conduct ing the licensing of saloons and the gov ernment of them must be secured. Mayor Simon's idea is, in a sense, more radical than that advocated by Council man Cellars in his proposed ordinance, but the Mayor's plan contemplates a leg islative change, as an act would have to be passed by the people before it could be accomplished. The power to control saloons is now vested with the Council, and the only limit is that there can be no more saloons until an increased popula tion is sufficient to warrant it under the law. Local Option Favored. "I never go into a salpon," said Mayor Simon, "but I do not favor the radical stand of the prohibftionist. I strongly fa vor local option, as I believe in giving each district affected the right to say whether liquor shall be sold. While I do not need liquor myself I do not feel like saying that no one else shall have it. I do believe, however, that a radical change in the manner of conducting saloons should be had. I would like to see the control over them vested in the Police Commission. If I had control of them I would very soon weed out the dives and limit the number of saloons to not more than 109, and I would not allow any loaf ing or lounging In any saloon." If the Mayor's plan should ever be en acted while he is in office, it would mean that 318 saloons would be wiped out. He says he would require the remaining 100 to contribute to the city an equal reve nue of the entire number now In exist ence. There are now 418. The liquor license committee debated long over the proposed Cellars law, and ended In a row. when Councilmen Cellars and Belding disagreed. Mr. Belding told his colleague that he had always noticed "that any ordinance which had to be rushed through had something in it which would not hold water." He also made other caustic remarks. Cellars and Belding Clash. "We all know that you would not vote for this ordlnanoe," retorted Mr. Cellars. "You are satisfied with things as they are.- except you want women in saloons." "I don't know so much about that," replied Mr. Belding. "When it comes down to personal matters, I think I stand as well as you." Mr. Belding then moved -to adjourn, and Councilman Annand seconded it. Chairman Wallace, who Is favorable to Mr. Cellars' reform plans, endeavored to secure action that would place the pro posed ordinance before the Council with out recommendation, but failed, and the meeting adjourned without doing any thing definite, leaving things as they are. The committee had the case of R. F. Ream, of Russell and Delay streets, be fore It. He was charged with selling liquor on Sunday, and had been fined twice for that offense in the Municipal Court. Communications from Chief of Police Cox and Municipal Judge Bennett asked that his license be revoked. After a heated debate, the vote was as re quested by the authorities. TO E PLACE MUST BE FOCXD FOR EIGHT EXTRA COMPANIES. Members of Fourth Regiment Will Be Asked to Vote on Joining Artillery Corps. Under Federal regulations a partial re organization of the Oregon National Guard la necessary. The National laws require that every regiment of state militia must consist of 12 full companies and that a regiment In which there Is a less number of companies cannot be maintained as 6uch. As now consltuted, the Third Regiment in this state la composed of the required 12 companies, while the Fourth Regi ment consists of only eight company or ganizations. To organize and equip the four additional companies that are needed to complete the latter regiment would cost approximately J20,000, and there are not sufficient funds available. The problem now confronting the general staff of the state guard is how to dispose of the sur plus of eight-companies. Two or three plans are available to the militia officials. As a first effort the general staff has decided to organize a Coast Artillery Corps and It Is desired that the number of companies necessary for service at the coast forts be trans ferred from the infantry. Letters detail ing this plan have been sent to the of ficers of every company in both the Third and Fourth Regiments with instructions that the members of each company be permitted to determine by vote whether the company shall be transferred to the coast artillery or remain with the in fantry branch of the service. The decision of each company on this question will be optional but a choice must be made before November 15. Adjutant-General Finzer, of the National Guard, said last night that if eight of the 20 companies represented in the two regi ments should vote to join the artillery service the remaining 12 companies could be formed Into a single regiment. .He also said that efeht companies can be transferred to the artillery branch probably without depleting the official roster of the guard as it is now organized. This would be' possible from the fact that room would be made in the coast ar tillery for the same number, of officers that is now required for the organization of the eight companies in the Incomplete Fourth Regiment. If a sufficient number of infantry com panies falls to volunteer to Join the coast artillery, the general staff of the guard has the power to dissolve the Fourth Regi ment and organize the eight companies into two battalions. If that course, is resorted to the guard would lose ' one m- - Abridged or Unabridged? To Be Sure of Finding the Full Definition of a Word, to Which Dictionary Would You Go? Precisely the Same Proposition Confronts You in Buying Shoes. In the unabridged dictionary you will find your definition, because all are there. True, in the abridged you may also find your word, but, in many instances, you'll i'ind that just what you are after has been left out. Our Stock Is Strictly Unabridged You will find shoes at all prices and in all styles', whatever shoes you find at any other reliable shoe stores you are able to duplicate here at lower prices and, in addition, you find so many styles not shown at anv of the other stores that you'll positively save 0mm i mam m mmm m JK time fcy coming t0 us ,direct- Awf-vTi 5 I The "Century" Model JllplltSi 1 Made in patent or dull leathers, with ffiSlsiLK:Jf'ifm W i tops of leather or cloth black, gray, ffi'4fAr. "i S 4ft TA brown, mo.le, blue or green. Also in W???W'3VA'iN SiT V Af '2V In Suede Leather $4 ttfSMi "CentuW- would be I ' '( I Colonel and each battalion placed in charge of a Major. Should neither of these plans be adopted or meet with the approval of the officers and enlisted men the general staff officials are empowered to act arbi trarily and reorganize the state guard so as to conform to the provisions of the National law on the subject. But before that was done it was decided to submit the matter to the various companies and, if possible, bring about an adjustment that would prove satisfactory to all. The necessary reorganization of the two regi ments in this state must be made before January 2i. S00-SP0KANE-P0RTLAND. The new Soo-Spokane-Portland service de Luxe, recently Inaugurated between Portland and the East affords the travel ing public accommodations superior to that of any transcontinental line. Elec tric lighted trains, library-buffet-compartment-observation cars, via the new scenic route: Local office 142 Third street. aSO REWARD For any case of Kidney. Bladder or Rheumatic trouble Hall's Texas Won der cannot cure If taken in time and given a fair trial. One bottle often per fects s cure. Sold by all druggists or mail $1.00. Send for testimonials. Dr. E W. Hall. 2926 Olive St.. St. Louis. Mo. Harris Trunk Co. ror trunxs and bagg S14.95 i Portland to Spokane and Return VIA SPOKANE, PORTLAND & SEATTLE RY. "The North Bank Koad" Account National Apple Show TWO TRAINS DAILY SCENIC ROUTE ALONG COLUMBIA RIVER DAYLIGHT TRAIN Lv. Portland 9 A. M., arrive Spokane 9 P. M. NIGHT TRAIN Leave Portland 7 P. M.t arrive Spokane 7 A. M. TRAINS CARRY Standard and Tourist Sleepers, Observation Cars, Dining Cars, first-class Coaches. Tickets on Sale No?. 14 and 15. Final Return Limit Nov. 25 TICKET OFFICES Corner Third and Morrison Streets ; 122 Third Street. Passenger Station, Eleventh and Hoyt Sts. Vofitable, Instructive, Pleasura ble In order to popularize our special excursions we make the following tempting offer: On Saturday, No vember 27, 1909, we will conduct an excursion of 50 people from Portland, Or., to Port Angeles, Vash. Ihe route will be via Seattle and palatial Sound steamer to Port Angeles. . First-class transportation, hotels, berths and meals will he furnished, and a lot 25 by 127 feet, in the townsite of Port Angeles, a warranty deed for which will be given to each excursionist, all for1$35.00. The Chicago, Milwaukee & Puget Sound Railway has surveyed to Port Angeles, and building will commence in the Spring. N hen the railroad is completed these lots will be easily worth $250 each.' The lots are practically given away, in order to ad vertise the excursions and to secure a good attendance at the realty auction sale to be held at Port Angeles on Monday, November 29, 1909. Those wishing to get back to Seattle by Monday morning can do so. A trip to the celebrated Crescent Lake, in the shadow of the Olympias, with an old-fashioned hunters' game dinner, is part of the itinerary, for which no extra charge will be made. Those who wish to avail themselves of this exceptional offer must send in their nihnes at once, as only 50 people will be taken on this special excursion. Regarding the lots, we refer to Bank of Clallam County, Port Angeles. PACIFIC LAND AND EXCURSION CO. 88 Third Street, Opposite Chamber of Commerce, Portland, Oregon. mm ZJ U U" Before the railroads are built in. Buy a lot in Central Oregon's Future Metropolis. Hill, Harriman, Prineville Electric and wagon roads from the Deschutes wheat fields and irrigated lands cen ter in OPAL CITY. Lots will soar to highest prices when the railroads arrive. Gall or write for Map and Folder American Trust Co. 200-204 Chamber of Commerce, Portland, Oregon CENTRAL OREGON INFORMATION BUREAU SIXTH A.D MORRISON. OPPOSITE POSTOFFICE. There Is a Victor for You Step into our store, the very first time you are down town, and hear it. Ask us to play your favorite selection. You will marvel at the tones of the Victor. You may have a Victor in your home while paying for it. Improved Victors .$10 to 100 Victrolas $125 to $250