Morning Oregonian. (Portland, Or.) 1861-1937, November 27, 1909, Page 6, Image 6

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    iiasjipUBBjtpii
f HENRY PUT TRUST
ELGIN MINUTES
fTHE railroad uset
needs the same
standard of time
and timekeeper as the
railroad runner. Trains
donot wait upon the com
ing of the man behind.
Conductor's time and
passenger's time agree when
both are taken from time
pieces bearing the watch-word
Banker Testifies He Went Into
Coal Lands on Representa
tions of Friends.
The
DETAILS LEFT TO OTHERS
of George B. Nicholson. 4 years old. a
cement manufacturer of Kansas City,
for two of the companies of which he is
the head.
Insurance men say . this is the largest
amount of insurance ever successfully
sought at yne time upon the life of one
person.
From 9 o'clock In the morning until 9
o clock at night 2S physicians representing
insurance companies were examining Mr.
Nicholson. Afler it was all over the phy
sicians declared that he was in perfect
health and the ag'nts of the insurance
companies iald Hie policies would be
issued. 4
zMr. Nicholson is president and general
manager of the lola Portland Cement
Company, the I'nited Kansas Portland
Cement Company, the Dixie Portland
Cement Company and the Iowa Portland
Cement Company. He Is worth 14.000.
001) and is a widower with two grown
sons. He already has four $325,000 in
surance policies on his life, so that
when the policies for $1,500,000 are is
sued he will have nearly $3.0OO,O09 in
surance. The insurance ls( distributed through
several companies, the lareest amounts
being taken by the Mutual and the
Equitable of New York.
GUI
HINGIUM
V.
Perfectly Willing to Be Drawn on
any Time for any Amount, ro
Long as He Isn't Bothered,
Declares Seattle Man.
SEiATTLE. Wash.. Nov. 26. Humor
was Inier-ted into the inquiry Into the
Cunningham coal claims thie afternoon.
whn Horace Henry, a Seattle banker and
railroad builder, was placed on the stand
bv the defense and naively admitted that
he had joined the clafmants without
knowing anything about the proposition
and that he had signed numerous affi
davits without knowing what they con
tained. "I Rot so in the habit of signing affi
davits that I just signed anything that
Cunningham and Glavis asked me to,"
eaid Mr. Henry during his examination.
Willing to Be Put In.
Mr. Henry said he was approached hy
Cunningham in W3. Cunningham told
liim that C. J. Smith and ex-Governor
Moore, of Washington, were interested
In the claims and anked if Mr. Henry
wanted to file on one.
I told him to go ahead and put me
In." said Mr. Hnry.
"I also told hlni If he wanted any
money, to draw on me. He always did. I
did not pay any attention to the claims
or what the other claimants were doing
because 1 waf too busy building railroads.
In the Spring of l! I took the contract
to build more than KOO miles e-f the Coast
extension of the Chicago. Milwaukee &
St. Paul Railway and for two years I had
from 5f to 10,000 men at work and did
rot r.av time to h'tlier with this coal
claim. I let Cunningham look afler it and
anything that he favored went with me.
Organized to Save Bottling.
"I did not have anytl lng to do with the
Guggenheim negotiations and did not even
know- they were being carried out. Iter,
when I heard about the Guggenheim pro
position. I though it wasi all right. I
knew It would cost close to J2.OM.fiOO to
build a railroad and decks to handle the
coal and J knew that one man could not
do it alone.
"When the Guggenheim negotiations fell
through, we organized the Beliring' River
Railway Company. We did not have any
Intention of building a railroad then, but
merely wanted to get a right of way so
that someone else could not come In and
bottle us up by getting the only available
route."
Affidavit Signed in Hurry.
Mr. Henry was shown an affidavit
signed by him In which It was Btated he
knew most of the claimants.
"That statement la false." said Mr.
Henry. "I know only three or four of
these men. This shows that I signed af
fidavits without looking at them. Cun
ningham brought Glavis to my office and
asked me to sign affidavits. They said
It was all right and I signed them. I was
so busy and got sf In the habit of sign
ing affidavits that whenever Cunningham
and Glavis asked me to sign one I did so.
It is humiliating to admit it, but that is
the truth."
During cross-examination. Mr. Henry
was shown a copy of the Cunningham
journal. When asked if he had seen the
original he said:
Knew of Xo Books.
"I never saw the Journal and did .not
know that Cunningham kept any books
until he told me it had been stolen."
"After he had you sign affidavits you
say are not true, do you believe Cunning
ham told the truth when he said his Jour
nal was stolen by Glavis?" asked Mr.
Sheridan, the Government attorney.
"I believe Cunningham told the truth
when he said Glavis stole it." was Mr.
Henry's prompt reply. During the cross
examination Mr. Henry reiterated the
statement that he was a very busy man
and did not have time to bother with
coal claims.
Man of Many Affairs.
He said beside building railroads, which
Is his principal business, he is chairman
of the board of directors of one bank,
president of another, president of a life
insurance company and has other impor
tant interests.
Mr. Henry frequently resorted to the
statement that he could not remember
what passed between him and Cunning
ham -and that he never paid any attention
to the business, anyhow, honoring drafts
that were made upon him by Cunning
ham and taking it for granted that every
thing was all right.
The defense expects to complete the ex
: amination of witnesses here tomorrow.
SALOON LAW INEFFECTIVE
Washington Brewers Still May Own
Dispensaries.
SRATTLE. Nov. X. The new state law
which was supposed to forbid the owner
ship of saloons by brewers and distillers
only makes It unlawful for them to pay
for the licenses of saloons, according to
Mayor Miller, who signed today 13 bills
transferring as many saloons from the
ownership of a brewery company to that
of a holding company organized by the
brewery- i
All other saloons owned by bfowers
and distillers will be similarly transferred
and the state law will be of no effect.
CITY BUYS WATER PLANT
Present Owners 'As?ree to Accept
Yakima Bonds in Payment.
NORTH J'AKIMA. Wash.. Nov. 26.
The City Council in special session has
virtually decided to purchase the water
plant and system of the Northwest
Ught Water Company for $310,000.
The company agrees to take the city's
bonds, without question as to their va
lidity, at S per cent.
The City Attorney was Instructed to
go to Spokane to make the prepara
tions, in consultation with Attorney
Danscn, of the company.
MILLIONS FOR INSURANCE
Life of Kansas City Man Valued at
$2,800,000.
KANSAS CITT, Nov. 26 Insurance of
Co00.0u has been applied for on the life
LOST JOB CAUSES FIGHT
LABOI1KR KNOCKS DOWN FORE
MAN, WHO SHOOTS.
Two Bullets Graze Object of Aim
While Third Strikes Coattails of
Innocent Bystander.
EUGENE, Or., Nov. 26. (Special.)
At Wendling. a small sawmill town
about 25 miles northwest of here, yes
terday afternoon, Al Sekatz. foreman of
tiie Booth-Kelly planing mill at that
place, shot K. G. Hurst, another em
ploye of the mill, twice with a revolver.
One of the shots took effect on Hurst's
right arm and the other grazed his left,
neither serious. A third shot fired by
Sekatz went wild, passing through the
coat of a bystander.
The trouble grew out of the dis
charge of Hurst by Foreman Sekatz.
whereupon the former knocked Sekatz
down and Sekatz whipped out his re
volver and began sheoting.
Hurst arrived In Eugene about noon
today, and his wounds, which were of
little consequence, were dressed by Dr.
Kuykendall. No complaint has- yet
been riled against Sekatz. and District
Attorney Sklpworth said this afternoon
he did not know whether any action
would be taken against him or not.
Sekatz has been in the employ of the
Booth-Kelly people for some time and
resides with his family, while Hurst ia
said to be a single man.
YAKIMA SEEKS GOOD ROADS
County Commissioners to Be Asked
for $350,000.
NORTH YAKIMA. Wash., Nov. 28.
(Special.! The Business Men's Associa
tion, acting with the Commercial Club
and other bodies and Individuals Inter
ested, has taken action looking to the
construction of a system of roads in
the county. A committee of 12 has
been appointed, the members repre
senting various interests, with the view
to working up an interest and senti
ment in favor of the matter.
It Is proposed to ask the County
Commissioners to Issue bonds In the
sum of $350,000 or $400,000. although
the improvements! proposed will call
for the expenditure of about $750,000.
The first work to be done is to send
a crew of men over the main roads
with proper equipment, this crew to
repair all culverts and other places
where temporary repairs can be made.
One of the automobile firms of the city
will furnish a machine to be used in
this work.
WOMAN ACCUSED FRAUD
Fay Needles Sold School Books
Which Were Not Delivered.
HOQUIAM. Wash., Nov. 26. (Special.)
Deputy Sheriff Dan Royce left here to
night for Wenatchee to bring back Mies
Fay Needles, arrested there today on a
charge of grand larceny preferred by
County School Superintendent N. D. Me
Killip. Miss Needles visited Chehalis County
last August and secured a letter from
Mr. McKillip. which she is alleged to
have utilized In getting orders, from va
rious school districts for books that she
represented herself to be selling. She
also carried blank school warrants, witch
she is said ;to have induced the school
directors to sign in many cases, and these
were cashed.
While a number of books were ordered,
none were ever received, and it is said
that more than $500 was secured in this
county In that manner. She will be
brought back for trial.
HOLD-UPS ARE SENTENCED
A. B. Smith, Said to Have Threat
ened A. Bush, Will Appeal.
SALEM. Or., Nov. 26. (Special.) Judge
George H. Burnett today sentenced A. B.
Smith, who held up a local jewelry store
last Summer and it is alleged sent threat
ening letters to A. Bush, the hanker, to
an indeterminate sentence of from 5 to
20 years in the Penitentiary. Smith's at
torneys at once moved for an arrest of
judgment and declarer) they would ap
peal the case to the Supreme Court, on
the ground that the trial court had no
jurisdiction.
It is asserted the law under which
Smith was tried had been repealed by a
later statute and that the defendant could
not be tried under the new law, which
was enacted after Smith's crime was com
mitted. Marion School Boards to Meet.
SAL.EM. Or.. Nov. 26. (Special.) School
officers of Marion County will meet at
the Courthouse In this city tomorrow.
The special object of these annual meet
ings is to discuss school legislation, and
it is said since the practice was inaugu
rated, more than 90 per cent of the school
laws passed were first indorsed by the
conventions. One of the principal speak
ers tomorrow will be State Superintendent
J. H. Ackerman.
Animals to Be Protected.
EUGENE. Or.. Nov. 26. (Special.)
Several women of Eugene are Interested
In the organization of a local Society
for the Prevention of Cruelty to Animals.
The movement was started by recent
cases wherein owners have turned out
superannuated horses to die. Several
cases of this kind have been noted late
ly. Eugene Residence Robbed.
EUGENE. Or., Nov. 26. (Special!)
The residence of Benjamin Pritchett. on
West Seventh street, was entered by a
thief some time last night and . $130
taken. No clews have .developed.
Invest with us in preferred stock of
Linnhaven. Security and also a profit
sharing plan In a subdivision orchard
proposition is offered. See the agents
of IJnnhaven Orchard Co.. Inc., at the
Perkins Hotel, Nov. 22 to 23.
r. M WHEELER Model 12 Size
Fnr.dant Winding and Setting. Seven
teen Jewels. Ruby and sapphire balance
and center jewels. Compensating hal
anci. Rre(rut halr-sprlnK. with micro
metric regulator. Adjusted to tempera
Hire. Jsorhronlsm. thi-ee positions. Patent
recoiling click and self-locking setting
device, rtust rlnff. Plates damaskeened.
Engraving inlaid with gold. Open face
and hunting cases.
Ia tilled Gold rases, (.10 and up.
In Solid Gold Cases, 50 and up.
Other Elgin models at other prices according
to grade oi movement and case.
Ail Elgin models are sold by jewelers every
where, and are fully guaranteed.
ELGIN NATIONAL WATCH COMPANI.
Elgin, winou.
HAMILTON TRIAL
Progresses in Spite of Dilatory
Tactics Adopted by
Defense.
NO HABEAS CORPUS WRIT
Supreme Court Refuses to Aid In
definite Delay of Trial Jury
May Be Completed Tonight,
Evidence Monday.
OLYMPIA. Wash., Nov. 28. (Special.)
It Is expected a Jury will he selected
by tomorrow night In the local Superior
Court and that Monday the taking of
testimony will be started in the case
of the state against ex-Adjutant-General
Ortis Hamilton-.
In the trial court today's sessions
were given up entirely to the exam
ination of jurors. Carrying on their
usual dilatory tactics, attorneys for the
defense consumed all the time possible
with their questions.
Denies Habeas Corpus Writ.
As usual, the Hamilton case was in
the Supreme Court today also, lasting
only long enough to give the attorneys
for Hamilton an opportunity to make
their arguments on the petition for a
writ of prohibition to restrain the lower
court from proceeding with the trial
until the appeal from the order deny
ing habaes corpus had been heard and
disposed of by the Supreme Court. Af
ter a brief consultation following the
argument the court announced the writ
would be denied.
Later in the day the Supreme Court
handed down a formal decision, quot
ing from a decision of the State Su
preme Court In the case of State vs.
Fenton, reported in 30 Washington, 325,
In which the court said:
Will Not Delay Justice."
"We do not think the law can com
pel, us to go to the extent of aiding
defendants in criminal actions to pre
vent Indefinitely a trial of the cause on
the merits by repeated applications for
writs of - habeas corpus and appeals
from decisions In such cases."
In Its opinion the court said fur
ther: 'The trial court Is proceeding regu
larly with the case. The granting of
this application would be in denial
rather than in furtnerance of justice."
NEHALEM.T0 IMPROVE PORT
Commissioners Appointed to Better
Bay Conditions.
' i
NEHALEM. Or., Nov. SS. SpeeiaI.)
The five commissioners appointed as the
Commissioners of the Port of Nehalem
met today and perfected an organization.
The election of officers resulted aa fol
lows: President, C. H. Wheeler; vice
president, Henry Tohl; -secretary, H. V.
Alley; treasurer. Frank A. Rowe.
This port is organised under an act
of the last legislature, and now that the
organization has been completed, the
.commissioners will probably proceed as
fast aa possible to improve the harbor
of Nehalem Bay by means of snagging
the river and the construction of a Jetty
at the mouth of the Nehalem River.
The enormous amount of timber stand
ing tributary to thia bay demands the
improvement contemplated, and with the
completion of the improvements on the
harbor and the completion of the Paeifto
RaHway & Navigation Company's rail
road to Nehalem next year, this section
of Oregon will fast come to the front
as one of the largest lumber-cutting dis
tricts in Oregon.
FREIGHT ENGINE EXPLODES
Engineer Thrown 20 Feet, Escapes
With Only Few Bruises.
HOOD RIVER, Or., Nov. IS. (Special.)
The boiler of a big O. R. & N. freight
engine exploded this morning, hurling the
engineer. George Curl, over the railroad
embankment, demolishing the firebox and
causing other damage. The fireman, who
stood on the ground beside the engine,
escaped unhurt.
The force of the explosion struck the
engineer In the back and lifted him 30
feet. With the exception of slight
bruises he was not injured.
100 BOYS IN CONVENTION
Leading Western Oregon Cities Rep
resented in Club Conference.
ALBANY. Or., Nov. 26 (Special.)
One hundred boys were present when the
RUNS GAUNTLET
fourth annual conference of the Boys'
Clubs of Oregon opened in this city to
night. All of the leading cities of West
ern Oregon are represented.
Delegates reached Albany on every
train today, but the majority came on
the noon train in a special car from
Portland.
The opening session was held this
evening in the Fir-st Christian Church,
with William S. White, of Albany, pres
ident of the conference, presiding. Wal
lace R. Struble, manager of the Albany
Commercial Club, welcomed the delegates
and Rex Hammerly, of Mcilinnvllle, re
sponded. A business session was held and talks
were then made by J. Irving Gilbert, of
Corvallis; L. MacLuren, of Salem: Rollie
Carey, of Salem; and P. W. Lee. assist
ant physical director of the Portland Y.
M. C. A.
HOTEL TENDERS BANQUET
Commercial Travelers Are Enter
tained by Xampa Boniface.
NAMPA. Idaho. Nov. 26. (Special.)
Seventy-five commercial travelers last
night partook of the annual banquet to
traveling men given by the Dewey Pal
ace Hotel every Thanksgiving. Prominent
commercial men from all over the Pa
cific Northwest were present, many com
ing from considerable distances to at
tend the affair.
At 8:30 the doors of the dining-room
were opened, and following a ten-course
banquet, lasting nearly two hours, came
a programme of toasts, with James
Claughley presiding. Addresses were
made by several of the traveling sales
men and by N. Jenness. editor and pro
prietor of the Leader-Herald, and by
Charles Weiside, manager of the hostelry.
RYAN GIVEN SEVEN YEARS
Attorneys File Notice of Appeal and
Will Ask for Bail.
PENDLETON, Or., Nov. 26. (Special.)
Seven years in the penitentiary and a
fine of $-000 was the sentence pronounced
this morning upon Mike Ryan, recently
found guilty of manslaughter for the kill
ing of Edward Dixon last May. His at
torneys Immediately filed notice of ap
peal and asked for a stay of execution
for 30 days in order to permit them to tile
a bill of exceptions and ask for a writ
of probable cause.
Ryan will therefore not be taken to
the penitentiary at this time, and at or
before the expiration of 30 days will prob
ablv be admitted to ball In the sum of
110,000.
ARREST FOLLOWS FLOOD
Man Salvages Another's Wood Sup
ply and Is Arrested.
SALEM, Or., Nov. 26. (Special.) Be
cause James Plunsky caught a quantity
of wood that floated past his house on
South Mill Creek during the high water
yesterday, "W. C. Johnson this afternoon
had Plunsky arrested for larceny.
Johnson had his Winter's supply
stacked up in his yard when the flood
came along and carried the wood away.
Plunsky, living a block farther down the
stream, saw the wood coming and
helped himself, not knowing, it is said,
who owned the wood or where it came
from.
BODY IS BLOWN TO ATOMS
Spokane Contractor Meets Death by
Dynamite Route.
SPOKANE!. Wash.. Nov. 26. Iewls
Frederick, foreman for Mitchell Bros.,
contractors, was blown to atoms by a
stick of dynamite which accidentally ex
ploded in his hands this afternoon.
Frederick was superintending the drying
of sticks of dynamite close to a bonfire
and had successfully carried numerous
sticks to a dry compartment In the con
tractor's shed before the fatal accident
happened.
The body of the foreman was blown a
distance of 40 feet.
HOG WEIGHS 410 POUNDS
Clark County Farmer Sets Record
for Dressed Porker.
VANCOUVER. Wash., JCov. 26. (Spe
cial.) A porker weighing 410 pounds,
dressed, was raised by E. W. Lavden on
his ranch on Burnt Bridge Creek, near
Vancouver.
He sold the hog at the stockyards
In Portland for $41.10. This Is thought
to sat a new record, all other claims to
date for heavy-weight hogs being far
outdistanced.
1Tnidentified Body Buried.
OREGON CITY. Or.. Nov. 26. (Spe
cial.) The unidentified body found in the
Willamette River, near Risley Station,
was burled here today in the county
cemetery. The body had evidently been
in the water six months. The man was
about 6 feet tall. One shoe. welL made,
is tiie only means of identification.
The pleasant purgative effect experi
enced hy all who use Chamberlain's
Stomach and Liver Tablets, and the
healthy condition of the body and mind
which they create, makes one feel Joy-fuL
N
Caruso
Records
"I have renewed the agreement now
the Victor Talking
further period of
the exclusive right
I the entire world.'?
Hear these new Caruso records especially his new
(88207), and "Mamma mia", the beautiful Neapolitan gondolier song (88206) at any
dealer's. Then you'll appreciate the wonderful advances recently made in the art of
Victor recording. 1
iOtit today
Act anv VtVf-nr
M a detailed description 01 eacn record.
CRIME IS PUZZLER
Charles Mickels Is Brutally
Slain Near Pendleton.
BLOW CRUSHES IN HEAD
Apparently Struck From Behind by
Cowardly Assassin Only Clew to
Identity Is Letter in Pocket
and Initial Handkerchief.
PENDLETON. Or., Nov. 26. (Spe
cial.) With his .brains literally beaten
out of his head and the entire top of
his skull crushed to a pulp, a man sup
posed to be Charles Mickels has bee
made the victim of one of the most
brutal and baffling murders In the his
tory of Umatilla County'! Ions list of
blank crimes.
With every Indication that the man
was felled by a cowardly blow on the
Colombia Pore
F
k
OF
A perfect product, consisting of the very choicest pork
cuts and pure spices nothing else A triumph
in the art of food-making.
SERVED AT THE FOLLOWING PLACES:
Meier & Frank's Cafe
Oregon Grill
Perkins Grill
The Hof Brau
Hall's Restaurant
Moore's Restaurant
R. & M. Cafeteria
Peerless Cafeteria
Visit Our Demonstration at Meier & Frank's
Sold from all high-class groceries and delicatessen shops
. in the city.
URiOREfea'SGe
PORTLAND, OREGON
Machine Company
twenty - hve years, giving to this Company
to make and sell records of my voice for
with the December list
of new Victor Records
for a Deremher siinnlement which enves imMllim
Sherman
WHOLESALE AND RETAIL
VICTOR MACHINES
RECORDS AND SUPPLIES
SIXTH AND MORRISON STS OPP. POSTOFF1CE
back of the head, it is apparent he was
given no chance for his life.
A letter In a coat pocket addressed to
Charles Mickels and a silk handker
chief with the initial "M" were the only
clews to Identification. The letter was
mailed to Pilot Rock, but no one of
that name is known there. The officers
are completely puzzled to account for
the crime or to secure a clew to the
perpetrfltor.
' '"! -HI"' j
ausage
The Louvre
The Quelle
Creamerie Restaurant
Hazelwood Cream Store
Commercial Club Cafe
Peerless Cafeteria No. 3
Xortonia Cafe
JNOV. K, IQOQ. B
existing between gi
and myself for a
"Forza del Destino" solo
Way & Co.
THE LATEST IMPROVED
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$28.90
This latest model tapering arm disc:
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double-spring motor, beautiful red
floral horn, and with twelve records
of jour own selection, and 200 nee
dles, all for 28.!0.
Terms as low as .fl.OO a week, if
you are not prepared to pay cash.
Only a limited number.
Why be without this wonderful en
tertainer when you can use it while
paying? Be on hand early this morn
ing. Talking Machine Headquarters,
Amihim of
pianoreliabiKtr
S53 Washington Street, at Park.
Open' until 10 o'clock this evening.
,'XO M- AV vyS)hff