THE MORNING OREGONIAX. TUESDAY, XOTB3IBER 30, 1909. WARNING IS TARDY, WRECK KILLS TWO Operator, Runs With Danger : Lights, but Grays Harbor Train Tumbles. WATER UNDERMINES RAILS listrr Noar Olyn.pla Costs Lives or Knsineer and Fireman Pas ' s-engrrs Escape Previous Trip Over Track Safe. 'ot,TMPIA. Wash., Nov. . (Special.) Knginoer John Wjrandt. of Tseoma, and a fireman, supposed to be Forest, of Oak ville. were killed when the Grays Harbor train for .Seattle was wrecked tonight while, the local telegraph operator, 1. D. Wevand. hut a few hundred yards away, was running at top speed to warn the train crew of 11a dansT. i At 6:15 o'clock tonlfiht one paesenger train and at 7 o'clock the train wrecked Jater had paed safely over the track. This Gravs Harbor train had run to Oate. and on orders that the tracks were frn passable bevond. had reversed to return to Olvmpla. John Rollman. walking along the track, discovered that water pouring flown from the hill had undermined about St feet of track. Walker Warns Dispatcher. tollman ran at top speed to Olympla and warned Operator Weyand. who. after wiring the dispatcher and finding tha 'raln had passed the last wire station, n-abbed red lanterns and started for the laner point. He was Just this side of he fatal curve, not yards away, when Che train, running fast on the down jrrade. struck the washed-out track. The nrine left the rail and turned over, )!nnlng down the engineer and fireman, nrho were probably both instantly killed. The baggage and mail car and smoker were derailed. Rails from the track tore through the boiler and Into the cab. Other ars were not damaged. Three Passengers Escape. y .The only passengers were T. I. Oliam- era. of 716 South B street, Tacoma. and A. P. Morris and Paul.Geshaw, log (ters. who -were employed by "Wilson Bros, war Rochester. "Engineer Wyandt last Spring was In a wreck one mile -west of the scene of (tonight's tragedy. Then he was under .his engine In the bay. but the oft mud tmttom prevented fatal Injury and falling tide permitted his rescue after a few hours' work. The train waa In charge if Conductor P. C. Hall. H. U Mero, mail clerk, was shaken up, but not se riously hurt. The body of the engineer was recovered. fPhat of the fireman cannot be taken out ihttl the wrecker arrives. The fireman's fcodv Is under the firebox, only one foot showing. ' "Water accumulating behind the "wreck, threatens to undermine several "Srundred feet of track and slide the whole train into" Perclval Creek.' LOST MINE RECOVERED Prospectors Preparing for Spring Rush Into Remote Idaho Region. -BOISE, "Idaho. Xov. 29. Prospectors throughout. Idaho are preparing for a Spring rush to the Btuneau country, a somewhat isolated district, where one of the famous "lost mine' of the West has Juet been relocated. 'For 30 years there has been a tradition of a sheepherder who came to civiliza tion with- samples of quarts yellow with free gold and told hip friends of a great ldge from ' which the samples were taken. Starting back alone, he disap peared and waa never heard of again. The finding of a skeleton recently in the region where the shepherd ranged caused a revival of the story and a re newed search for the storied ledge. The tearch Is' said to have been successful. V. A. Bourne, one of the pioneer dis coverers, has returned from the Bruneau. and gives details of the developments there. He says the ore carries values as high as JJO.OOO to the ton. The smallest return from a random sample was Vti a ton and there is In sight on the surface ore of the .value of $175,000. It can" be quarried like building stone, the rospector declare. LAND-FRAUD CASES WAIT Judge Dietrich Turns Lmnibermen Over to Oregon Jurist. BOISE. Idaho, Nov. 29. (Special. ) Judge -Frank R Dietrich, of the United States Circuit Court virtually warned -his lianflS' Saturday .of the criminal cases pending against .Sumner G. Moon and James T. Barber, officers of the Barber Lumber Company., and famous lumber barons'of Eau Claire, Wis., indicted lat April for alleged land frauds, when he paosed the case over to Judge Robert 8. Bean, of the Oregon judicial district. The defendants were held in the Circuit Court tn this city for the purpose of arriving at some definite date when the trial can take Place. Confusion greeted all of the efforts to probe into the understandings which the counsel had with reference to the definite dale fora. trial and Judge Dietrich, having been disqualified from sitting in the civil suits of the Government agaiieu the Barber Lumber Company, stated that ka would turn the setting or tne oaie ior trial over to Judge Bean who will prob ably arrive in Boise next month. BAY CITIES DINE JAPANESE ShJbuaw and Party Will Sail for .'.-". Orient Today. slsT-FRANCISCO. Nov. As a cul ni "ration of their three month tour of thePnited States, the Japanese commer ciar:CTmmieafoners, beaded by Baron. Shi busawa. were given a banquet at the Fafrmont Hotel tonight. Governor James N. Gillett and more than 200 of the foremost men of affairs In San Francisco and the Bay cities were present.. The party will sail for Japan at noon to morrow on the steamer Chljro Maru. ST.VCROIX FlftE UNSOLVED Quartermaster Peters Can't Be Io rated to Give Evidence. SAN FRANCISCO, Nor. S.-The sec ond day of Inquiry into the burning of !. the steamer St. Croix off Point Duma. November 30. passed without developing any explanation of the origin cf the flames. ,, Not a new fact 'bearing on the fire itseir was brought to light, and the destruction of the vessel already has been numbered among the mysteries of the deep In ship ping circles. " , Quartermaster Peters, of the St. Croix, whose evidence the investigator were anxious to secure, could not be found to day. GERMAN B0A STRANDED Government Lightship Saves Crew Off WrecK. BEAUFORT. N. C. Nov. 29,-The Ger man steamer Brewster is stranded on Diamond Shoals. The crew was taken oft bv a Government lightship. NEW YORK. Nor. 29. The steamer Brewster, in cargo from Jamaica and Cuban ports for New York, is today hard aground and in a dangerous posi tion off Diamond ShoaIsN lightship. Just south of Cape Hatteras. The calling for help was received by wireless telegraph In this city in a message picked up by the United Wireless Company, and orig inating with the Government station on the lightship. The message said the Brewster was aground about six mllea inside the lightship, in a precarious po sition. The sea was reported smooth and the wind moderate at that time, however. The Brewster, of 931 tons net register, was owned by H. H. Schmitt. of Ham burg. She sailed from Kingston, No- i it v Vnrlr A wrecking V C 11 1 II 1 AW. ' " ' - - outfit was ordered from Norfolk to the aid of the stranded steamer In addition to the revenue cutter Onondaga, at Norfolk, the cutter Semin ole, at Wilmington, has been dispatched to the assistance of the stranded steamer. 32-DAY MARRIAGE ENOUGH Couple Now Seek Divorce, Each Suing Other. ALBANY. Or., Noy. 29. (Special.) After a married life of only 32 days, Charles Witham and his wife. Ida Ti-ii,om a. ench suinr the other for di vorce. The husband i plaintiff and the - . i ...i. n lunlnn wire aeienaam in buh. ... ... wt.iu tha wia la nlalntlff and V-.l.ll.ll , .. 1 1 . ' - -. the husband defendant In. a suit in the Circuit Court of Lion uouniy. duui Vi-- . .kfllt. Anmnlnfnrc without any .tkl 1 U .1.1 11 i ' 1" - knowledge that the other contemplated sucn a step ana ooin t-uiiipia.ii". ....... file about the same time. . i H-1 . V. nmnlaint WRM filed here m I 3. II in.!.... a i"1".'" Saturday evening. She had not been at home long after signing up ner una .... i chArir Smith served her i i il . 1 1 1 , "in . i . . - -. - with a copy of her husband's complaint, .... . . . i ill. .Via Aav which had Deen niea in vurvo.ni-. before. Mrs. Witham recites in her complaint that thev were married in Benton Coun ty, September 13. 1909, and separated Oc tober 16 last. She alleges that her hus band is a carpenter and makes good wages and asks for tlifl as expense money . i. . i . tut mnnth alimonV. She also asks the court to restore her maiden name, Ida Powell. SLEUTHS HURRIED TO LEAD Strike In Dakota Mining Town As sumes Prostortlons. LEAD. S. D., Nov. 29. James Klrwln, president of the Lead union of the West ern Federation of Miners, received a tele gram today from National President Moyer. at Denver, saying that 75 private detectives are on their way to Lead in connection with the strike in the Home stake plant. " The "company admits the presence or some detectives, whose purpose is to pre serve order. C. E. Mahoney, vice-president of the union, was arrested today ano. fined $50. on a charge of using violent language in a public place. The City Council tonight authorised the Mayor to appoint all the special deputies needed. FREIGHT RATES ARE FILED California Will Have New Transcon tinental Road December 1. SN FRANCISCO, Nov. 29. The freight and interstate tariffs of the West Pacific Railway Company were placed on file with the California Railway Commission today, the schedules Jiaving been filed with the Interstate Tommerce Commis sion some days ago. They will go into n.MmW 1 n nA December 5. Trans continental tariffs have been filed and will become effective December 8. The new road will be in actual opera tion December 1, when Chief Dispatcher Meadows will start the telegraphic serv ice. MOROCCAN TRIBES SUBMIT Chiefs Offer to Raise Force to Aid Alfonso's Troops. wtit it t M .--. Vo.v 9 The chiefs of the Important Moroccan tribes j of Kabyles. Benl Boufrur and Beni Sldel, made formal submission to General Ma- rlna today. The chiefs even offered to raise a native force and Join the Spanish troops against such Moors as were still hostile. . CHURCH TREASURER SHORT W. C. Lllley, Missing, Owes Pitts burg Presbyterians $2 1,0 S 4. PITTSBURG. Nov. 29. William C. Lllley. ex-treasurer of the Pittsburg Presbytery, who disappeared on Septem ber 29. is short to the amount of $21,034 in his cash accounts, according to a statement given out today. The trustees would not say wnetner they would prosecute. Liquor Issue Again Raised. WOODLAND. Wash., Nov. 29. (Spe cial.) The recent defeat of the local option forces In Woodland has not quenched their ardor. Friday night they met and nominated a dry ticket for the Town Council as follows: W. It. Mills. W. R. Blrt and E. E. Heald for Councllmen to serve two years and Sam Conrad. Treasurer, to serve one year. The opposing side met yester day and named John Peterson, Captain Horace Campbell and Gilbert Murk as Councllmen to serve two years and L. G. McConnell to serve one year as Treasurer. The election occurs Decem ber 7. Roanoke Passenger Arrested. ASTORIA, Or.. Nov. 29. (Special.) On the arrival of the steamer Roanoke this afternoon. Robert Glenn, a passenger, was arrested hy Sheriff Pomeroy In re sponse to a telegram from Eureka, Cel.. but what the man is -wanted for Is not known here. Glenn waa- traveling as Robert McMullen. ant denies that he is the man wanted, although he had re ceipts In his pocket in the name of "Robert Glenn. Skimmed milk has been proved a valuable food tor laylnr hn. according t experi ments at the Vlrainia Experiment Station. IF you go out in the rain, go out in one of our Hart Schaffner & Marx all-wool raincoats. For style, good tailoring and fit you 11 certainly be right in it. Other overcoats of every good model; suits in a great variety of fancy fabrics, and blue and black. Suits Raincoats Overcoats $20 to $40 am'l Rosenblatt & Go- Cor. Third and Morrison Streets PATRICK FIGHTS'Ofl Convicted Slayer Opens Last Fight for Liberty. SAYS HE SUFFERED DEATH Reprieved From Sentence to Electric Chair, Man Now Serving Llf . Term in Sing Sing Argues He Should Be Free. NEW YORK, Nov. 29. Albert T. Patrick, whose sentence of death for the murder of William Marsh Rice waa commuted to life imprisonment at Sing Sing, appeared today before the appellate division of the Supreme Court in Brooklyn to argue that with in the law he had already Suffered death, and thus had paid his debt to the state in full and should be set free. Patrick contends that the solitary confinement preceding electrocution had been held by the United States Su preme Court to be part of the penalty decreed In a death sentence. He served that time In full and now makes the point that when the Court of Appeals reaffirmed the decision of the court of conviction and set a new date for execution, it transgressed, his constitutional right in ordering him to serve another period of solitary con finement, inerepy oupucu" lshment he had already suffered. The failure of the warden to electro cute in compliance with the first order of the court, argues Patrick, consti tutes an act of nonfeasance. Patrick was not ready to proceed with, his argument today, and. at his request, the matter was adjourned to Thursday of this week. He said: 'I am coming to Brooklyn on a writ of habeas corpus to consider a point which was an attack upon the Jurisdic tion of the court to convict, and the right of Governor Higgins to commute my sentence without my consent. The point overlooked was that the Judg ment; on conviction ceased to be oper ative at the expiration of the week fixed by the Court of Appeals for exe cution of the original sentence of death, after the appeal had been confirmed. Wage Demand to Be Heard. ST PAUL, Nov. 29. Martin A. Knapp, chairman of the Interstate Commerce Commlslon, and Charles P. Neill, United States Labor Commis sioner, reached here today to hear ar guments in the dispute between the switchmen's union and the managers committee, representing the railroads of the Northwest, relative to a demand by the switchmen for a wage Increase of about 20 per cent. One Dies; i 00 Escape From Mine. MARION. 111., Nov. 29. One man was killed In a mine explosion here today, and 100 or more narrowly escaped death. These were rescued with great difficulty. The -victim of the accident was in that portion of the mine which received the full force of the explosion. Wilson Appointed Postmaster. OREGONIAN NEWS BUREAU, Wash ington. Nov. 29. George E. Wilson was today appointed postmaster at Nortons, Lincoln County.- GIRL MUCH SCARED Hysterical Over Alleged At - tempt at Chloroforming. CHARLES TABLER ACCUSED WARRINER'S MINING COMPANY ALLEGED TO BE "INSOLVENT. f " ' r . & 'i- 2J Neighbors Rnsh to Seufert Home and . Find Marie Bushkhul Locked in Bathroom, Where She Had Retreated in Fright. Neighbors in tne vicinity of the home of T. J. Seufert. North Twentieth and Brazee streets, were startled last night when the maid. Marie Bushkhul, leaned nut of the bathroom window on the sec ond floor and uttered shriek after shriek. When people living nearby arrived at the house. Miss Bushkhul threw down thA vva n the house, for she had locked herself In the bathroom. They found her In a hysterical condition, but arter sne had been auieted. she insisted xnai Charles Tabler. a clerk employed by Mergeny s Grocery company, r Sixth street, had Jijpt left the house. Miss Bushkhul admits she had been well .Antn,Ai with Tahier for four years. The Seuferts are absent tn the East. -According to the story told by Miss Bush khul. she was sluing in an sruicumi ... rr.Iila. r.nrvi.ak iin frnm hehind and attempted to thrust a bottle of chloroform under her nose. She struggled as long as she was able, she declares, when the their effectr and she grew quiet Then Tabler picked her up and laid her on a oea. a rt. , i. a h-trtia removed she said she revived somewhat and. leaping to her feet fought off her assailant and ran screaming upstairs, where sne locaea ner- self in the bathroom. This story Miss Bushkhul told to De tective Snow, who lives in the vicinity. and to Officer Meld, wno naa oeen aeiii to the house when somebody telephoned ha.Hnrtpr The nolice are in clined to believe Tabler had it in mind to rob the Seufert home, ror tne piace Is handsomely furnished and contains manv articles of value, including silver ware and Jewelry. Miss Bushkhul was taKen to me nouo of Joseph M. Healex, a real estate man who lives near and who is looking after Mr Seuferfs interests while the latter is In the East. Both the gin ana lauier came from Dufur. Or., several months ago. where her parents live and where Tabler was a mail carrier. Detective Snow will seek for Tamer inis mornins. but it haa not yet been determined what charge will be placed against him. MRS. STEWART-FORD, WOMAN WHO IS PLAYING PROMINENT ROI.B IN FORMER RAILROAD MAN S PEfJLATluns. CINCINNATI, Nov. 29. Alleging a condition of virtual Insolvency. William 8. Kissinger today sued in the Kenton County. Kentucky. Circuit Court for the appointment of a receiver for the Mutual Mining Company, of whlcJi Charles L. Warriner. ex-treasurer of the Big Four Railroad, was secretary-treasurer. Warriner has been charged with embexaling fi43.000 from the Big Four road. It is said that a Mrs. Stewart-Ford Is involved In many o( Warriner's peculations. Kissinger, president of the Mutual Company, capitalized at $60,000, alleges that Warriner recently transferred all his stock In the com pany and declares the president is the only officer left. He also asked the court for the restoration of the company's books, said to be in the hands of the Big Four. John Rich was appointed receiver. Prominent Marshfleld .Man Dies. r . oounim r nr . Nov. 29. (Special.) Word has been received here that H. H. McPherson. one or tne oesi Known field men. is dead at Sin Francisco. Mr. Mcpherson's death was audden and un expected, he having gone to San Francisco for the benefit of his wife's health. He was head of the firm of McPherson-Gim-ser Company. The burial will be at San Francisco. Wage Scale Increased. HONOLULU, Nov. 29. As a result of the recent labor disturbances on the sugar plantations and to avert future trouble of the same character, the Ha waiian Sugar Planters' Association adopted today a new wage schedule which, it is believed, will remove the cause of complaint among the Japanese field hands. , Oregon Suffragists Meet Tonight. The 39th anniversary of the Oregon State Suffrage Association will be cele brated tonight at the Dolph mansion. Fifth and Jefferson streets, with a lit erary and social entertainment. An im promptu discussion will follow the an nual address of Mrs. Abigail Scott Duni way, president of the association. Irish Patriot's Son Dies. MANILA, Nov 29. Thomas Meaghey, eon Of the Irish patriot, died today of pneumonia following an attempt at sui cide He was a graduate of West Point and had llvd many years in Montana and California. For several years he had occupied minor posts in the Government service here. Sixth and Morrison Shennanpax&Co. Opposite Pos toffee You are cordially invited to attend a recital to be given in our hall tonight Mrs. May Dearborn Schwab, Soloist Mr. F. H. Jones at the Piano 8:15 o'Clock Admission Free I ill HI! JAME, X HILL READ what this builder of the great Northwest says in THE WORLD'S WORK on the wonderful Northwest -a story of mighty progress DECEMBER ISSUE NOW ON SALE FT" '1'J' I- i on stands, 25 cents $3.00 A YEAR DOUBLEDAY. PACE DO Him tU XZOU couldn't get better authority on food values than Dr. James Crichton Browne, LL.D., F.R.S. of London, England. He says: "Eat good oatmeal, eat it often and plenty of it. It is the food that has built the brain and Lrawn of Scotland." r The experts of the Seattle Exposition, jufit as all experts do when deciding about Quaker Oats, gave it the highest award over all others for purity, flavor and cleanliness. It's the most economical food. pva Quaker Oats QmPa,W CHICAGO