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
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MR. AND MRS. ROY S. SEAL.
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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