Morning Oregonian. (Portland, Or.) 1861-1937, February 17, 1910, Page 9, Image 9

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    9
22
500
AWARDED
NURSE CAR VICTIM
Ada E. Blue, Seeking $100,000
Damages, Jury Allows Her
Nearly Quarter Sum.
ATTORNEYS TO GET HALF
Railway May Appeal or Ask That
Sum Be Declared Excessive.
Verdict Biggest for Personal
Injury in County.
The 12 men who have been trying
Miss Ada E. Blue's $100,000 damage
suit against the Portland Railway,
Light & Power Company brought in a
verdict for $22,500 at 3:35 o'clock yes
terday afternoon. This Is the largest
personal injury verdict ever returned
in Multnomah County, so far as can
be learned. The jury deliberated rive
hours and fifteen minutes.
The reason for the jury's long delib
eration was the question of giving the.
injured nurse sufficient .damages. Some
.of the jurymen held out for more than
J22.000. K. D. Evans, foreman of the
jury, could not remember how the jury
stood on the first ballot, and the rec
ord was destroyed as soon as an agree
ment was reached. It was learned
later that the jurymen had agreed to
to disclose how many ballots they
took, or for. what amounts they voted.
It is known, however, that every jury
man voted for damages on the first
ballot, but that at no time did any of
them contemplate giving the young
woman $100,000. It is thought that
some of the jurymen held out for half
this amount, later compromising on
$22,500.
Attorney Gets Half.
Miss Blue will receive but $11,250 of
the $22,500, as an agreement with her
attorney. T. J. Cleeton, gives him half
of the amount recovered rom the rail
way company. W. M." Davis, G. B.
Dlinick and I. A. Moulton, associated
with Cleeton for the plaintiff, will re
ceive a share of the 50 per cent re
tained by Cleeton.
The railway company has 10 days in
which to file a motion for a new trial,
and the Oregon law allows six months
in which to take an appeal to the Su
preme Court. It is probable that the
first move on the part of the streetcar
company will be a motion that Judge
Gantenbein reduce the amount of the
verdict on the ground that it is exces
sive. Compromise Slay Be Sought.
It could not be learned last night
from Ralph W. Wilbur, chief counsel
for the streetcar corporation, whether
an appeal would be taken.
"I can say nothing about that until I
talk with President Josselyn and other
officers of the company," he said. "It
is possible we may be able to get rid
of paying part of the damages by com
promising with the. plaintiff in, some
way. That is sometimes done,' you
know. I shall take the case up tomor
row, and we shall see what can be
done.
Evidence not known during the trial
has been brought to light since. A man
Is said to have seen the car going down
the Mount Tabor hill at such a rapid
clip that he thought it was a runaway,
and ran after it, believing it would topple
when It reached the double curve at East
Thirty-ninth and Belmont streets. This
witness is said to be the same person
who stepped off the distance the body
was dragged, and who afterward meas
ured it with a tapeline, but who could
not be found by the plaintiff in time to
be placed on the witness stand.
Trial Takes Six Days.
The trial of the Blue case occupied six
days, having been commenced last Thurs
day morning." The accident occurred
last Decoration day. Miss Blue, In nurse's
uniform, having boarded a Mount Tabor
car at West Avenue to go to East Thirty
ninth street. The conductor was'running
the car. so that she was compelled to go
out upon the front platform to signal
him to stop the car. There were six
passengers in the car, who agree that it
was going at a high rate of speed as it
struck the Thirty-ninth-street curve. One
witness said the car was going 20 miles
an hour, and that she thought it would
be overturned. Miss Blue was on the
front platform, holding to the door with
her left-hand, and tapping the conductor
motorman on the shoulder with her right,
when the sudden lurch of the car on the
ourve pitched her headlong out the door,
her dress catching in the carstep. She
was dragged 65 feet. She is still under
the doctor's care at the Portland Sani
tarium. .
Dangerous Practice Continued?
In spite of the accident, and the heavy
damages which the railway company will,
In all probability, be compelled to pay,
motormen are said to continue to leave
their cars at different times during the
day before going up the Mount Tabor
hill, permitting the conductors to run the
cars to the end of the line and bac.
The -men maintain that this is necessary,
as the company does not furnish extra
men to take their places at such times
as they are compelled to leave, and their
schedules will not allow more than a
short wait at the end of the line. It was
intimated at the time of the accident
that a different arrangement would be
made, whereby the motormen could re
main constantly at their posts.
The jurymen who tried the damage
suit were: E. D. Evans, Albert Broddle,
Herbert Bradley, G. W. Anstey, Carl An
derson, H. M. O'Connor, M. .R. Van Horn,
Jotm Erlckson, H. P. W. Anderson, S.
Percefull, H. H. Brigham and M. D.
Leedy.
County's Greatest Balm.
Although this is the largest verdict
ever returned in a personal injury case
tried in Multnomah County, so far as
known, there are a number of cases tried
In other Oregon counties where the ver
dicts were proportionately, large. At La
fayette, in Tamhill County, a minor child
recovered a verdict of $40,000 about 25
years ago. This case was settled for
$15,000. The Oregon & California Rali
road Company was the defendant, the
corporation then being in the hands of a
receiver, before the company was taken
over by the Southern Pacific.
A verdict of $45,000 was returned in
the case of M. J. Doyle against the
Southern Pacific Company about two
years ago, Doyle losing both legs in an
accident. Judge Harris, of Eugene, be
fore whom the case was tried, reduced
the verdict of the Jury to $35,000. Doyle
was run over by a helper engine, which
backed down upon him on a switch.
represented by E. B. Dufur as adminis
trator. Mrs. Clinton contested the claim
of Mrs. Hattie Mullen, Clinton's adopted
daughter, to the Clinton estate. While
the suit was in progress last December 1
the second Mrs. Clinton died at her home .
on the East Side, and a will was found I
giving all her property to Attorney Long, j
Richard Clinton, whose estate was ;
contested, was at one time bridge tender
on the Steel bridge. Mrs. Mullen is the
daughter of Albert and Mary Jackson, of
Cherokee, la. When but a child she was
adopted by. Cyrus and Delite Crooks, of
Iowa. Then Mrs. Jackson, her mother,
came to Portland and married Clinton.
Wishing to have her daughter with her.
the mother adopted the child from the
Crooks couple in 1889, and the girl was j
known as Hattie Clinton. The Clintons
were divorced a few years later, but the
girl continued to live with Clinton, 'whom i
she regarded, as her father. He decided ,
later to remarry, the second wife being .
the Mrs. Clinton who brought the suit
decided yesterday. Judge Gatens said in ,
deciding the case that -the evidence i
showed that Hattie Mullen s lived with
Clinton as his daughter for 20 years, and
also after her mother had secured a di
vorce from him.
FIRST AYIFES DAUGHTER WINS
Court Decision Means $3 000 Loss to
Lawyer Beneficiary.
Attorney Joel M. Long lost $3000 yes
terday when Judge Gatens decided
against Marion E. Clinton in the" suit she
brought against her husband's estate.
FIVE SUITS TO BE DECIDED
Court to Act on Harrington Divorce
and Other Cases Today.
Circuit Judge Cleland will decide five
cases today. Among them is the divorce
suit of C. T. Harrington against Ella L.
Harrington. The husband, a timberman.
charged hie wife with rapping him over
the head with her parasol when they were
playing a game of "500' at the residence
of a friend in Irvington. He also said
she objected to his smoking, and that one
day when he had a pipe In his hand she
threw it out of the window. She also
kept company, he said, with two "young
sports," receiving loving letters from one
of' them.
Mrs. Harrington, in turn, accuses her
husband of improper conduct, and asked
the court to award her a substantial part
of his property.
The damage suit of Samuel Robb against
Ernest Kerns, which has come to be
known as the "cow case," will also be A
decided. Kerns owned a garden in Sell
wood. Robb's cow trespassed upon it and
ate the vegetables. Kerns chased the cow
out and gave Robb, an old man. a drub
bing. Robb then had Kerns arrested and
fined in the Police Court, following that
with a damage suit.
The Coal Creek Company's suit against
F. B. Jones and others. East Side fuel
dealers, over a lease to a coal mine on
Coal Creek, will be decided today. Judge
Cleland will also pass upon the suit of
the White Motor Car Company against
E. O. Potter for repairs to an automo
bile. Potter refused to pay, saying the
machine would not run after it was re
paired. Christine Salene's suit against
the Queen City Fire Insurance Company
will also be passed upon.
$15,000 IS ASKED FOR SHOCK
Bridge Painter Alleges Railway
Wires Were Xot Insulated Right.
Another damage suit against the
Portland Railway, Light & Power
Company was added yesterday to the
long list of cases against the corpora
tion, now pending in the Circuit Court.
Walter Chomicz, employed under M. E.
Orser, to paint the Morrison bridge
recently, is the plaintiff. He asks
$15,153.65 damages, alleging that the
company did not insulate its high
voltage power wires sufficiently.
June 16, last, says Orser, he was
climbing a pillar on the south side of
the bridge, and attempted to go be
tween the large wires attached to a
crossarm. There were no guards to
prevent workmen from coming in con
tact with the wires, he alleges, and he
supposed the Insulation was sufficient
to protect him, as he saw the wires
were covered with a heavy, black sub
stance. But as his body came in con
tact with the wires,1 he complains, he
received a heavy shock and was
thrown 20 feet to the bridge, his left
foot being crushed, his left ankle
sprained and his back Injured. He
was taken to St. Vincent's Hospital.
He declares his Injuries ara permanent.
RECEIVER IS APPLIED FOR
Stockholder In SIiow Case Company
Makes Charges, i
A receiver for the Pacific Coast Show
case & Fixture Company is asked by H.
J. Griffith in a suit filed in the Circuit
Court yesterday afternoon. Griffith says
he Is the holder of 40 shares of stock in
the corporation, at $50 a share. He
charges the officers and directors with
negligence, mismanagement, and a waste
of funds, and alleges the company to be
insolvent.
The debts, he says, amount to $16,000,
while the assets are $7000, besides con
tracts and the material and manufac
tured goods on hand. It would be dis
astrous to the business to have' the fac
tory closed, he says, yet to allow the of
ficers to continue, he alleges, would mean
(further dissipation of the corporation
property. The directors are: William
Davidson, president; W. L. Barnum, vice
president and treasurer; D. G. MacKen
zie. secretary; C. W. Meadows, George E.
Brietling and H. S. Richmond.
TIME IX " SALOOXS BASES SUIT
Wife Accuses Husband of Devoting
Hours and Coin to Resorts.
George Hartford is accused by his wife
of spending both his time and money in
saloons, and of abusing her and making
threats to kill her or burn the house un
less she surrenders her personal belong
ings that he may pawn them for liquor.
These" allegations are made in a divorce
complaint, filed in the Circuit Court by
Mrs. Martha Hartford. The Hartfords
were married at Lewieton, Idaho, April
13, 1809.
Harriet T. Churchill has filed a divorce
suit against H. B. Churchill, whom she
married at Elgin. 111.. March 3, 1895. She
says he deserted her June 1, 1907. She
asks the court to award her $25 a month
alimony. .
Court Xotcs.
Dr. P. L. Austin pleaded guilty in Pre
siding Circuit Judge Morrow's court yes
terday morning and was fined $30 for
practicing dentistry without having re
torded a certificate from the State Board
of" Dental Examiners. The specific accu
sation was that he performed bridgework
upon the teeth of Mrs. F. W. Northy,
charging her $15.
Costanzo Raffaelo, who was to have
been tried before Circuit Judge Bronaugh
yesterday morning for assault upon Pas
qualo Sarafino with a. dangerous weapon,
pleaded guilty and will be sentenced Fri
day. On November 19 he discharged a
revolver at Sarafino.
Augustus Walker pleaded not guilty yes
terday morning to a. charge of obtaining
money under false pretenses, after Judge
Morrow had refused to allow a motion to
quash the indictment. He is accused of
obtaining $1000 from John Rometsch, Oc
tober 10, by passing a worthless mort
gage. F. I. Gannon, proprietor of the"Wllbur
Hotel, at 345 East Oak street, lost yester
day in his suit against Stephen Shobert.
He alleged that Shobert was a partner,,
and demanded an accounting because Sho
hert refused to continue with him. Cir
cuit Judge Cleland, before whom the case
was tried, found, no evidence of a part
nership, and gave judgment in Shobert'a
favor.' - -
.Forced
If 3TCI1
THIS LETTER TELLS THE STORY
Ho C. O. D. orders.
No mail orders.'
As we will not be able to
take possession of our
new and permanent loca
tion before Sep t e m b e r,
WE ARE FORCED to
throw our entire stock of
Raincoats for men and
women to the public at a
fraction of factory cost.
GOODYEAR RAINCOAT CO.,
225 Morrison St.
Gentlemen:
We will demand and take possession of the store, 225 Morrison St., on
Marci 6. We hereby notify you to vacate premises on the above date.
Respectfully yours,
PEOPLE'S AMUSEMENT CO., INC.
A
Your -wardxo'be not
complete -without a
raincoat of some kind.
FIXTURES FOR SALE ANY PRICE
To vacate March 6 leaves us only
a very short time to dispose of
our $18,000 stock of high-grade
waterproof garments for men,
women and children, including 10
cases of Raincoats just received
for our early Spring business.
Nothing reserved. Everything must
be sold, regardless of value.
RAINCOATS FOR MEN AND WOMEN AT YOUR OWN PRICE
Sale Begins This Morning at 8
o'Clock Sharp.
All Goods Marked in Plain Figures.
Look for Yellow Price Tags.
Store has been closed Tuesday and Wednesday to arrange
entire stock for the greatest bargain event ever witnessed
in Portland. Even if you don't buy, see these bargains.
Sale Begins This Morning at 8
o'clock Sharp.
All Goods Marked in Plain Figures.
Look for Yellow Price Tags.
The Entire Stock Has Been Grouped Into Ten Great Lots, as Follows:
FOR WOMEN
SIZES 32 TO 44
Lot No. 1 Ladies'
Rubberized Slip - On
Coats, in neat gray
Scotch fabrics, $12.00
vals. Forced-out price
Lot No. 2 Ladies
Silk Rubberized Mo
hair All-Weathe
Coats, all colors, $15
vals. Forced-out price
Lot No. 3 Ladies'
strictly All-Wool Tail
ored Cravenettes, full
length, $22.00 values.
Forced-out price
Lot No. 4 Ladies'
beautiful Silk Water
proof Coats, all colors,
including a number of
very fine tailored
cravenettes, values up
to $25.00. Forced-out
price
Lot No. 5 Ladies' $30 to $50, imported
silk fabrics and English tweeds and chev
iots, man tailored
throughout; must see
to appreciate these
sensational bargains.
Forced-out price at
$19.90, $15.30 and
some at
$g.l5
r -r a
0
$(Q.90
1240
Special Bargains Extraordinary While They Last
$ 1 .SO
$1.55
SEE BARGAIN TABLE NO. 1 Ladies' Crav
enette Raincoats, odd sizes, broken lots, values
up to $15. Forced out price
GIRLS' STORM CAPES, with storm hood,
quantity limited. Forced out price
BOYS' RUBBER COATS, sizes 4 and 5 only;
$2.50 value. Forced-out price
RUBBER COATS FOR YOUNG MEN, sizes
10 to 15; heavy drill back; reinforced snap
buckle; $5 value. Forced-out price '. . .
Ladies' English Slip
Ons ; $25.00 value.
Forced-ou price,
$ 1 2.95
Ladies' and Misses'
Rubber Auto Skirts,
good, pure rubber ;
fine for motoring.
$5.20
Men's English Slip
Ons, $20 to $30 val
ues. Forced-out price
$11.40 and $12.90
225 MORRISON ST. 225
BETWEEN FIRST AND SECOND STS.
OPEN SATURDAY NIGHT UNTIL 10 O'CLOCK.
OODYEAp
RAINCOAT CO.
For MEN and YOUTHS
$.90
$Q.40
SIZES 32 TO 46
Lot No. 6 Men's and
Youths' $15 Raincoats
in neat gray worsted flSgv
tabrics, silk Venetian
lined. Forced-out price
Lot No. 7 Men's $18
to $20 stj'lish Craven
ettes, all - wool and
worsted fabrics, silk
Venetian lined ; with
or without military
collars Forced -out
price at $10.30 and..
Lot No. 8 Men's $20
to $25 fine "Worsted
Cravenette Coats, su
perb quality, a lot
from which the most
fastidious dresser can
be suited. To go at. .
Lot No. 9 Men's
Crav e n e 1 1 e d
lent, materials an
.$35 values,
out price at
Lot No. 10 Men's
$40 to ,$50 .Craven
ettes. The best made.
Just a few, in dark
worsteds and import
ed blacks, to close at
$ 1.40
' ii a ii
Forced- SP
$14.70
$16.20
ROSES ARE COMING
Sweden and Italy Send Offer
ings to Portland.
PLANTING DAY IS NEAR
More Than 20,000 of Return Postal
Cards Have Been Disposed or.
Hotels and Restaurants
Asked to Aid Work.
Mora than 30.000 of the return post
cards which the women of the Rose So
ciety are selling had teen . disposed of
up lo last night. The remainder of the
issue of 50.000 will be available today
and will he turned over to the committee
of 100 women for distribution between
now and next Tuesday.
The campaign Is to be extended to all
the leading hotels and restaurants and
they will be asked to have the cards
placed, on their tables at all meals on
Washington's birthday so that their cus
tomers may send them Bast to their
friends and relatives. The commercial
organizations will also be asked to take
an interest in the campaign and to do
all they can to give the widest possible
publicity to the invitation to the Rose
Festival.
Sweden will Join the other nations in
assisting to make Rose-Planting day a
success. Correspondence with the dif
ferent nations relative to their plans of
celebration is being carried on.
Valdemar Udell, consul for Sweden in
Portland, in a letter to President R. W.
Hoyt, says that he native rose asked
for has arrived and will be placed at the
disposal of the society at once. The
Italian consul, C. K. Candiani, wrote yes
terday: "One dozen rosa plants were shipped
from Italy addressed to me some time
ago. These roses, by express desire of
his Majesty, the King of Italy, were
taken from the Royal Gardens in Rome.
I trust that they may reach me in time
for planting along with those sent from
other lands, in the anniversary of the
birth of the father of your great Nation."
The Swiss consul was unable to obtain
the desired Swiss rose, but in his letter
of regret he cays, gracefully:
"It is my firm conviction that the
beauty of Portland roses is not surpassed
by any other roses in this wide, wide
world except by our modest alpenrose."
"California Limited" Reduces Time.
LOS ANGELES, Cal., Feb. 16. One of
the fastest trains in the world will be
put ino the transcontinental service
Sunday by the Santa Fe. The new
flyer, the "California Limited." will cut
seven and one-half hours off the run
ning time between Los Angeles and
Chicago. The new schedule then will
be 64V& hours. The Santa Pe Is plan
ning to expend several hundred thou
sand dollars in making new cut-offs.
On one of these it will spend $100,000
to gain 12 minutes. on the run through
Orange County.
At Lisbon Byron performed a mora peril
ous, though less celebrated feat than swim
ming the Hellespont. That was when ha
swam across the Tagus from Old Lisbon
to Helem castle.
In disorders and diseases
of children drugs seldom dn
i ood and often do harm.
i Careful feeding and bath- 1
ing are ine Daoies remedies.
Scott's Emulsion
is the food-medicine that not
only nourishes them most,
but also regulates their di
gestion. It is a wonderful 1
a r i :u - e it - 1
ionic lor cnuuren oi an ages.
They rapidly gain weight and
health on small doses.
All
Dracrtata
Send 10c, name of paper and this ad. for
beautiful Barings Bank and Child's Sketch.
Book. Each bank oontains a Good Lack Pea&r,
SCOTT & BOWNE. 409 Pearl St. N. Y
CAUSE OF ECZEMA EXPLAINED
After years of debate medical au
thorities are now agree'd that Eczema
and other skin diseases are not seated
in the blood, but are caused by myriads
of microscopic animals gnawing the
flesh just below the epidermis. The
patient Is perfectly healthy, it Is only
the skin that Is diseased.
Hence, scientists are now agreed that
you must cure the skin through the
skin. The medicine must be in liquid
form in order to penetrate properly.
And we can say with confidence that
we have the true remedy for Eczema In
our store.
The Instant you wash with this
soothing liquid you will find the itch
relieved. We positively assure you of
this. Will you try a bottle (at only
26c). on our recommendation? Ask for
D. D. D. Prescription.
Woodard. Clarke & Co., Skidmore
Drug Co.
MUDLAVIA Mud Cure
Cures easily and naturally Rheumatism.
Kidney. tSkln and Nerve troubles. Big Ho
tel open all year. Send for book. Address
R. B. Kramer, Pres., Kramer, Ind,
"MOTHBR, what makes everything so good these days?"
'Why, it's that K C BAKING POWDER. Cake,
"biscuit or griddle-cakes, it's all the same. Since I've used
K C everything comes out just right, light, crisp and fit for
a king I knew I was safe in trying it, they were so sure I'd
like it. They refund your money if you don't like it better
than any other, better, mind you. Then it's guaranteed
under every Pure Food Law you" ever heard of, and, you
won't believe it, but it costs less than what I've used, a real
nice saving. I understand it's because they don't belong to
the Baking Powder "Trust." My, it's a satisfaction to get
good value for your money these days when everything's so
high:"
Mtmm