"1 14 THE MORNING OREGONIAX, WEDNESDAY, NOVEMBER 10, 1909. , ' . ' 1 SSSSM I Hip nmTFSTSATF.nf N I 111 B ' V.iy"i. ILAi K .F ti ins I l!.sfa-l MIMlii .M 9J iM ' M H ft Mrm II U I f I GADSBYJURY BOtS TO BED FOR NIGHT Retiring at 4 o'clock, Members Can't Agree and Are Again Instructed by Judge. ORATORY IS CUT SHORT Counsel for Defense Springs Sur prise, and Court Is Adjourned While His Honor Prepares In structionsJurors Stubborn. MAKE-I P OF G ADSBV J CRT. All the Juror to whom the aliena tion suit of Mrs. Beatrice Gadsby acainst Captain and Mrs. William Gadsby. the parent of her husband, are married men. They include five "merchant, tiro Insurance men. a farmer, a fruit tree salesman, a driver, a machinist and an organizer of fraternal societies. They are as follows: A. McCalman. 715 East Burnslde, merchant. T. H. McAllis. 64S Lovejoy. insur ance. C. D. Ott. 4.13 Sixth, merchant. Charles Savage, ITS East 17th. merchant. J. A. Olson. 1075 East Washing ton, machinist. F. Bchlewe. 374 First street, mer chant. J. E. Shears, Arleta, district dep uty. Modern Woodmen of America. John Schlet. 1197 Front, driver. C. F. Fisher. 6S0 Tillamook, mer chant. A. S. Kincaid. Troutdale. farmer, A. J. Mclntire, Arleta, Insurance. Edward Knight, Arleta, tree salesman. With little apparent prospect for an early agreement, the Jury, to which had been committed the suit of Mrs. Beatrice Hill Gadsby against the parents of her husband. Captain and Mrs. William Gads by. for $200,000 for the alleged aliena tion of her, husband's affections, retired to its narrow quarters in the Courthouse attic last night for the second time. That it would not agree soon was the belief of those who heard the questions asked by the talesmen when at their re quest Judge Morrow convened court at 9 o'clock last evening to re-read the in structions and to review the testimony. There were differences of opinion that was plain. And that they were held by men who would not yield lightly was inferred from tbev question of a Juror, who said to Judge Morrow: When two or three members have made up their minds and are pretty steadfast about it. how long is it neces sary fnr us to labor to change their minds?" Argument Is Cut Short. Judge Morrow endeavored to smooth over the difficulty. "No man." he said, "should be unreasonable about the ac curacy of his own Judgement. None of us is Infallible." The case went to the Jury at 4 o'clock in the afternoon after only a one-sided argument. When court opened. Judge Morrow ruled on the motion made on Monday by the defense for an instructed verdict, the court holding that the case should be submitted to the Jury on its merits first, the points raised in the mo tion being taken up again afterward on motion for a new trial. Then C. M. Idle man, ex-Attorney-General, opened the argument for the young wife. It had been planned by the counsel for the plaintiff that ex-United States Senator Fulton should make the closing address, but that gun waa spiked when, after a brief conference. James Gleason. one of the counsel for the defendant mother and father, announced that his side would rest without argument. Taken by surprise, the court adjourned the session until 3 o'clock to give himself an opportunity to prepare the instructions for the Jury. IHrected Verdic-t Denied. Judge Morrow's opinion declining to grant the motion made by lsham N. Smith on Monday to instruct the Jury for a verdict was brief. He said that at one time in his deliberations he had. nearly decided to grant the motion "as to one of the defendants." but that after read ing the case of Searles vs. Searles he had concluded that the case should be left to the Jury tirst, the points involved coming before the court again on a motion for a new trial. Judge Morrow did not Indicate which of the defendants he had come near to excepting from the verdict. Ex-Attorney-General Idleman went over the evidence in the opening address. He said that every puesnble effort had been made by Beatrice Gadsby and her pa rente, the tleorge H. Hills, to reconcile the young husband and his wife. The young wife, he said, had left the house of the Gadfbys the evening of September IS. hysterical, and had been put to bed in a precarious condition, continually call ing for her husband. The day following and for several day afterward she rrfaoe Btrong efTorts to get in communication with her husband. The Hills were will ing and anxious to aid in a reconciliation. According to the testimony of Captain and Mrs. Gadsby, said Mr. Idleman. Wal ter was so perturbed and so anxious to reiurn to hla wife that it became neces sary to send him out of town for a rest, on account of his nerrous condition. rarcnts Are Blamed. Now. if Beatrice and her family were anxious for Walter to return and Walter was anxious to return," Mr. Idleman continued, "how in the name of logical reasoning can it be inferred that any one was keeping them apart other than Cap tain Gadsby and his wife?" Captain Gadsby had testified. Mr. Idleman went on. that one reason it be came necessary to get Walter out of town was that the telephone in the store was kept ringing constantly with in quiries for Walter, and that Beatrice was the inquirer. The lawyer declared that Mrs. aadsbys action In writing to her son that his wife was a "d little fool." because she wanted to be provided with a nurse during her approaching confine ment, was a circumstance "pointing to the desire of the elder Mrs. Gadsby to keep her son and hi wife apart." Mr. idleman said an effort had been made to drag Into the case "an Incident Implicating the father of Beatrice." Mrs. Gadsby had testified that Walter, after hearing of the alleged occurrence Involv ing Mr. Hill and the little giri. had been sitting in his room crying and trying to find a weapon with which kill himself. On cross-examination she had testified that while Walter was in that condition, she herself had sent the same little girl to the house of Mr. Hill at 9 o'clock at night, to ask Mr. Hill to come over and help pacify Walter. The circumstance. Mr. Idleman said, "spoke louder than words" in favor of the' contentions of the plaintiff in the suit. Poor Memory Assailed. Mr. Idleman assailed Mrs. Gadsby's lack of memory with reference to inci dents that he indicated to the Jury she should have remembered. He drew the fire of Attorney James Gleason by com menting upon the failure of Walter to take the witness stand. "I believe," said Mr. Idleman, "that if Walter had taken the stand he would have told the truth." "Then." interrupted Gleason. "why didn't you make him your own witness?" Judge Morrow at that point put an end to the wrangle of the lawyers. "What you believe as to Walter's tes timony," he said, "has nothing to do with the case. The Jury is instructed to disregard all that has been said by counsel as to his belief." At the conclusion of Mr. Idleman's address Mr. Gleason announced that the defense would submit the case without argument. The opposing cottnsel and the court looked about equally sur prised and Judge Morrow ordered an adjournment until 3 o'clock to give him opportunity to prepare his instructions to the jury. Judge Charges Jury. Judge Morrow began his charge to tho Jury by reviewing the general rules of evidence. He said that to warrant a verdict for the plaintiff it would be necessary to establish that the defend ants "maliciously" interfered between Walter and his wife. "You may infer and find malice from the defendant's acts," he added. "It is not claimed that either Captain Gadsby or his wife of fered any direct advice to Walter to leave his wife, and so you will not con sider whether such advice was offered, but whether their conduct had the ef fect of alienating him. Tou will de termine first whether Beatrice has lost Walter's affections. If she has not, then the case ends. If she has. then vou will determine whether the cap tain and his wife are responsible forJ maliciously. "You must remember that they are the parents of Walter Gadsby and have a right to extend the hospitality of their home to htm. Their home is the refuge of their children, and their chil dren have a right to go there. The fact that Walter did or did not go to the home of his parents is not to be considered. "It is not for you to determine the guilt or innocence of George Hill in the alleged misconduct. It Is sufficient if information was given to Walter Gads by and if such information led to the separation without the interference of Captain and Mrs. Gadsby, then you must find for the defendant" Time of Alienation Puzzles. The jurors retired at 4 o'clock in charge of a bailiff. At 7:30, having returned from dinner, they hinted through the court of ficial that they would like to hear the in structions read again. Judge Morrow was there, but the lawyers were scattered, and when Mr. Gleason and lsham N. Smith, of defendants' counsel, and J. V. Beach, representing the plaintiff, were summoned there was another hunt for a stenog rapher and for the copy of the testimony. At 9 o'clock the Jury came in. "One question that came up." said Juror Knight, who acted as foreman, "was whether the altenation must have oc curred prior to September 16, or could It have occurred any time prior to the filing of the complain?" 1 "At any time before the beginning of the suit," Mr. Beach said hia side con tended "And T.-e contend that it must have been before September 16," interposed Judge Smith. JiKige Morrow ruled that the alienation might have taken place at any time prior to the filing of the comi-la!nt. "Ve'd like to know what to do if we disagree." another juror told the court. "Ee patient and reasonable." Judge Morrow told him. "Remember that the rights of other parties depend upon your conduct In this case. It's a serious mat ter to sit on a Jury. t)o the best you can to do the right thing." Judge Morrow told the jurors, after the had concluded the reading of the instruc tions and portions of the testimony, that he had directed his bailiff to see that their rooms were clean and their beds nicely aired and that he and the court stenog rapher would be within call all of today. Then he wished them a pleasant night, and at 10 o'clock sent them back to the attic to deliberate. It was agreed among counsel that a sealed verdict could be given In the event of a late agreement. AFFINITY TEXAN'S MUST LEAVE STATE A. Schureman and School teacher Soulmate Are Grilled by Court. WIFE WINS LONG FIGHT Bristol Wants Xew County. BRISTOL Wash., Nov. 9. The Brta tol Development Club at its meeting last night made a clean sweep of its old officers and resolved in favor of county division, instructing its secretary to sound commercial and other organiza tions in Western Klickitat County on the subject. Enough work and funds were pledged to complete the Bristol cutoff, a short cut to the Columbia River. 44 milea long, winding down and around three hills with an altitude of 1500 to 1800 feet, before February 1. Woman Banished From Oregon. Runaway Husband Must Pay $75 Monthly for Children's Sup port r- Confess Elopement. Arthur J. Schureman and hit) affinity. Miss Grace Vivian Groves, were ar raigned before Justice Olson yesterday afternoon on a statutory charge, and in the presence of Mrs. Arthur J. Schure man and her eldest son, Arthur Leigh Schureman, tfie runaway husband and his soulmate were given such a tongue-lashing by Deputy District Attorney Fitz gerald and Justice Olson that their heads were hung in shame. Miss Groves shook with sobs, while her farmer in the elope ment looked, out of the window and avoided the gaze of his wife, son and other spectators. On motion of Deputy District Attorney Fitzgerald, the case against the affinities was dismissed upon condition that Schureman would contribute to the sup port of his children. "Your honor," said Attorney Fitzgerald, "I never saw a case in which I felt the desire to prosecute as keenly as I do in this one. but I understand that three small children are dependent upon Mrs. Schureman for their support. Mrs. Schureman. herself, would not accept any financial aid from this man now. She is able to support herself by her writings, but she is not able to take care of all of these children. While I believe that this man deserves to go to the penitentiary, perhaps the best ends of Justice will be served by making him do what a parent should do for his children. I will leave the decision on this part-of the case to the court. If you think it Is justice to the children, I will prosecute. If you think it best that he be kept out of prison and allowed to work for the children I will not oppose the motion to have the case dismissed. "It has been with great reluctanve that I have been persuaded to give up the prosecution of this fine pair. The man is the lowest of mankind, and the woman is In the same class with him. We are not condoning, the acts of these people. It is only on behalf of the little children, whor need education and other advantages which their mother cannot possibly pro vide for them. An arrangement has. been made, the proposition coming from Schureman, that he pay 150 a month for the support of the children. If this is satisfactory to Your Honor I will ask that the charges against them be with drawn." Justice Olson said: "I don't think the amount U large enough. It ought to be J75 a month. Besides, what assurance have we that this money will be paid?" An attorney representing Schureman said he would see that 75 a month was paid. Justice Olson replied that under those circumstances he would dismiss the case entirely, but would hold It over their heads. He exonerated the bondsmen and placed Schureman on his own bond on the condition that the payments to his children were made regularly and on the condition that he behaved himself in the future. "The first intimation that I hear, said the Justice, "that you attentpt to leave the Jurisdiction of this court I will send after you and have you arrested and put under bond to hold you to this agree ment. You may go, but remember that you are only on probation. Before you go. however. I want to say a few words. "I cannot find words to express my contempt for a man who leaves a family of helpless children to run away like a coward. While the woman is despicable, the man who would go with her Is In finitely worse. Mr. Schureman, you ought to be sent to prison for your shameless conduct and were it not for the plight It would entail upon your offspring I would insist upon your case being prose cuted in this court." After the court had adjourned Schure man passed his former affinity and neither spoke. Mrs. Schureman passed her in the hallway and, when it was apparent that they would both enter the same elevator. Mrs. Schureman drew her skirts about her and stepped aside to await the next car. The settlement was one of personal triumph for Mrs. Schureman, who is now Talented College Girl, Left in Poverty, Shows Her Pluck Miss Edythe Stanley Goes From Vassar to Vaudeville Stage, Winning 1 ' Public With Her Original 'Pianologues." COLLEGE girls, as a rule, do not look toward the stage for a liveli hood, but when Miss Bdythe Stanley was nearing her last year at Vassar, word came that her father's fortune was shattered, her father dead from the shock, and she and her mother penni less. What to do to win the necessi ties of life, was the problem that con fronted the 20-year-old girl. Miss Stan ley had shown marked musical talent while at Vaesar, particularly as a trick pianist, and she was always in great de mand at the many amateur entertain ments given by the seminary girls. When the beautiful Boston home was closed, the furniture sold, and Miss Stan ley and her mother had moved to a tiny cottage on the outskirts of the city, the only thing which remained of all their goods was a piano, an heirloom which had been in the family for many years. The days following the gay life at oollege were dull ones for Miss Stan ley and much of her Idle time was spent strumming melodies on the last reminder of bygone prosperity. The little money saved was soon gone and then the girl fresh from college ease began to look about for something to do. A happy idea caught her. Why not go onto the "continous" stage and play her little fantasies, or as she called them "piano logues" to amuse the public and inciden tally, keep the wolf from the door? Her mother opposed the Idea but with out avail, and Miss Stanley secured her first engagement at a theater in her home city. The opening night was a bril liant one for the young pianist; her friends were there and the stage was heaped high with flowers at the close of her act. The press gave her ilatterinR notices and her success encouraged her so. that she went en tour. All this hap pened some years' ago. and the demand for her in the Eastern vaudeville thea ters was so strong that managers and booking agents kept her there until this Fall when she came West for her first C . y j I'- -- V. 51ls iriytae Stanley, Collejre Girl Who Mas Made Success la VaudevlHe. BEYOND COMPARISON PORTLAND Buyers Ever Saw at 225 Morrison St The BARGAIN EVENT of the SEASON TmmPTisfl thrnnsrs of satisfied buyers who 0- - F-nT-irl nur it-toot T?o.innsiT ViarcrmTlS TrrPKlKT- ible. An accumulation of a $30,000 stock that must be reduced ctr-nfoTi from "NT V. office, to sell at factory prices. Quick disposal of stocks. Report amount of reduction at once, ment has but to obey. Therefore these tremendous price offerings The manage- These great Raincoat bargains for Wednesday, Thursday, Friday and Saturday, inese lots simply can't last. Don't delay. A HARVEST OF BARGAINS Sucfc as Portland Boyers IWr Saw FOR WOMEN-SIZES 32 TO 44 $9.90 Ladies' 15 to $18 Silk Rubberized Mo hairs, in e-verv conceivable color and style effect. Including number of very rine aounie-Dreastea uraven ettes. Till Saturday night only at Ladies' $20 to $25 beautiful silk water proof Coats, lined with pure Para rubber and deodorized; the seams all cemented and vulcanized; greatest profusion of colors and style effects. Till 1 0 Qfl Saturday night at $14.20 and Ladies' $30 to $45 very fine Silk Water nmnfi onH fmnnrtftii and domestic Crav- enetten- so different from all others. All new 1909-10 models. nil Saturday; night at $19.40 and . nnera, mi $15.90 Ladies' $12.50 to $15 Rubber ized Coats and Cravenettes. waterproof, suitable for travel ing and stormy weather, in a great variety of at-- f (J fjn tractive materials. Till jO.gU Saturday night , $12.50 to $15 men's and youths' Rainproof Cravenettes, in neat -rv and dark worsted crav enettes, silk Venetian lined. Till Saturday night only at $6.90 OODYEA RAINCOAT COMPANY 225 MORRISON BETWEEN FIRST AND SECOND FOR MEN SIZES 33 TO 46 $20 men's genuine Priestley Cravenettes, silk Venetian linea. lull trj inches long. hand-padded shoulders; a won derful value. Till Saturday night only at. $25 to $30 men's genuine Priestley and Kenyon combination Raincoats and Over coats, with or wituout military collars. Till Saturday night only at $14.40 and None better, $35 to $40 men's perfect waterproof Overcoats, in all colors; very best grade, in black Thibets, fflp fft Vicunas, etc. Till Saturday ln Mil night only at $18.70 and v ' " Ope. Saturday might till 10 o'clock. $10.90 sstley and and Over- $12.90 trip. This week she appears as the spe cial added attraction on the programme aPantages Theater. actively preparing her divorce suit against Schureman. Before she would consent to having the charges dismissed she insisted that Misa Groves leave tne State of Oregon. " This was agreed 1-r private arrangement through Miss Groves' attorney. She will leave Port land as soon as she can arrange her af fairs. In addition to this Mrs. Schure man secured a signed statement from the affinities. They had denied their guilt, but she made her husband eat his own words over his own signature. He gave a written statement, as follows: To whom It may concern: T. Arthur .T. Schureman, do hereby voluntarily state that I left the state of Texas during the month of January. 1008. in company with ivian Groves, and that my leaving there was not caused through any fault or mis-conduct of my wife. Catherine D. Schureman. tSigned) Arthur J. Schureman. In an interview Miss Groves had said that Mrs. Schureman had lied and made other remarks reflecting upon Mrs. Schureman. A retraction of this was made in writing by Miss Groves. It is as follows : This will certify that I. Vivian Groves, do hereby voluntarily and solemnly retract any and all statements made by me deroga tory to the character or conduct of Mrs. Catherine D. Schureman. and especially a statement attributed to me as published In The Oregonlan of Monday. November S. 190B. (Slgned.i VIVIAN' GROVES. Old People AMUSEMENTS. Need VENTOL it strengthens and vitalizes Vinol tones up the digestive organs, aids assimilation, enriches the blood, and rejuvenates every organ in the body. In this natural manner Vinol replaces weakness with strength. Wo are positive It will benefit every old person who will give it a trial. If it don't we will refund their money. W00DARD- CLARKE & CO., DRUGGISTS, PORTLAND. FLASH Recommended by . Physician, and Surgeon. Tpr.AMH ANTISEP TIC HAND CLEAN ER is a new dirt hustler that is meet-Ino- with unbounded success and is being (demanded all over the world in place oi T-'T . 1 t ffr.wr, fr-nm ftthflP afml- lar preparations in that It contains no acids or Ive, as It is not a soap, but is composed of glycerine and other anti septic hf-uling oils in conjunction with finely-ground Pumice and a small per centage of chemlcally-pure soap stock, very beneficial to the skin. Evervthlng in It is pure and healthful and guaranteed not to Injure the most delicate hands. It is made to do what soap cannot do and has become THE hand cleaner, for cleansing and preserv ing the hands of all the people, In every cliisa, and at every place. It I. hecomlnsr very popnlar with the honaevrlfe. cleaning: woodwork, Mlnkn. bulb tubs, floor, pnlnt, kilchen ntenniln and everything about the house. In fact it 1. a household necessity. Do not accept imitations. Insist on Flash in red cans. All druggists, gro cers and automobile supply houses. mmm N.lr.TcALcoiTS-5' AMUSEMENTS. STAR THEATER Programme Changed Today. ONE DRAMA OXE ROMANCE, OJiE COMEDY. DO" HERN. THE WHISTLER, CHANGES HIS ACT. JEAN WIUSOw SINGS A NEW SONG. LAST TIME TONIGHT Victor Moore In Geo. M. Cohan's Musical Comedy "THE TALK OF NEW YORK" At Bungalow Theater Excellent Company, Complete Production Prices J1.50. ft.OO. 75c, 50c SEATS NOW S2.00 S1.50 , Sl.OO i BOXES. S15.00 Gallery 75c HAMLIN Tenor, Thursday Ere, Nov. 11 BUNGALOW THEATER Direction Lois Steers Wynn Coman. SEAT SALE TODAY JOHN E. YOCN'G In Musical Comedy Success "LO" AT BUNGALOW THEATER Next Fridav, Saturday Mat. Saturday Evenings L50 to 50c; Mat. L0O to 25c PORTLAND THEATER "STJ Main 443; A 7085. Russell Drew Present Tonight ana All Week. . Bargain matinee today at 2:15; any seat 25C. "The Queen of the Highway Charles A. Taylor's Romantic Play of Early Days on the plains. Price Evenings, 25c, 35c, BOc. Bargain matinee Saturday, 25c any seat. BAKER THEATER Main 2, A 5S60 Geo. L. Baker, Manager Yonignr. an ween, dbismh - 2S cts. all seats. The hit ot the Pacific Coast. Mort H. Sinirer's Hurrah Musical Show "HONEYMOON TRAIL." With Bert Baker and. Beauty aChorus. Eve. Prices. 25. 50. 75,. $1; Kat. Mat., 25. 50. Next week, opening Sunday matinee, "In Dreamland." M VI N g, A 1020. Matinees Ex. Sundays and Holidays. 1&-26-50C NIGHTS THEATER 15-25-5M5C Week of Nov. 8. John B. Hymer and .Company in "The Devil and Tom Walker"; Ben Welch ; the famous Duffin-Kedcay troupe; Patrice and her Company in "The Lobbyist"; Vlttorla and Georgetta; Chasslno; Mr. and Mrs. Hugh J. Enunett, pictures and orchestra. THE GRAND Jackson WEEK OF NOVEMBER 8. 09. Harry and Kate iorr, & Morton Hell fc C'aron Harry Thomson Fred Bauer fl randaKPODA Matinee every day at 2:30. 15c any seat except boxes. Evening performances at 7:30, 9:15. Prices, 15 and 25c Box seats 50c. In "Cupid's Voyage' PANT A(5ES THEATER Cornar Fourth and Stark Sts. Advanced Vaudeville Stars of All Nations. Attraction Extraordinary TJa BELLE ITALIA TROUPE. The eTeateNt munieal quartet in vaude ville; Edythe H. Stanley, "The Piano Girl"; Phayne & Kins; Bunchu A A 1 jeer; Leo White, The Laval les; George Winfleld A Co., Pantagesrope. Popular Prices. Matinee daily. Curtain 2:30, 7:30 and 9. LYRIC THEATER phones Main 4tS5 A 1025. Prices 30. 20 and 10 Cents. Week commencing Sunday matinee, Nov. 7, the popular Athon Stock Co. presents "WHOHE BABY ARE YOU?" - Gold watch Riven away Friday evening. Matinees Sunday, Tuesday. Thursday and Saturday at 2:15. Every evening at 8:15. Next "At the Risk of His Life." You'll IJke the Lyric. Last Week of Miracle Paint ing, Meier & Frank Co. LADIES' NIGHT Exposition Rink TONIGHT BAND MUSIC Every Afternoon and Evening Roller Skating healthful, invig . orating exercise Pin f3 The monev isn't " .1 . V. I on Sincerity Jorne.s in. iuc You come out aneaa at the yder. end they out weartheir price. They' re made so well-tailor- materials fashioned ' wi h such exquisite rriff etnsir) cliff) f fl fl t they 'can be. counted on to last for several seasons. Clothes which cost less aren't as cheap when you consider the extra service. for ' v o u n f " men are snappy and gingery and ; unique, cut for different figures than older men's; They, possess fitness as well fit: Insist on finding the Sincerity Label or find the right shop:, The Label is your protection not our advertisement The ' Sincerity" style book sent for an "ask'" on a postal card.. Filled with young men's fashions and o'Aer men's. saved beginning:. r 1 Wr - in liL tCuh.tlathaa6rtstKer Cfiu P M . .. : i Mm v r ,7 it 3 - IP IIIIIWillll I II I I I i I, I -g"f- ' :" -nrtriiiiiiiir- n 'f: I5cts or mix ft V: Everybody who tries Cobs likes em. They are different better more value. Ten cent quality in nine 'cigars for fifteen cents an actual TjjJ yard of Havana for fifteen cents. Kougniy maae, no labels, plain bundles, plain boxes, everything econo mized on but the quality si j that's there that'sgp 3 what makes Cobs. FOR SALE EVERYWHERE MASON, EH Ft MAN & CO., DISTRIBUTORS. Portland, feeaiue, ejiu&auc. 5n