THE MORNING OREGONIAN, MONDAY, MARCH 14. 1910. CASE IT PROVED, INSTRUCTS COURT Verdict of Acquittal in Gordon Case Is Signed by Jury Foreman at Spokane. DEFENDANT MAY GO FREE Dismissal of Remaining Charges Is Moved by Prosecuting Attorney and Court Takes Motion Under Advisement Till Today. SPOKANE, 'Wash., March 14. SpecIal.) "Not guilty" Is the verdict signed by Thomas Meagher as foreman of the Jury rhat has for the last week been listening to the case against Merrit J. Gordon, former attorney for the Great Northern Railroad Company, accused of erobeszle ment The verdict was returned this af ternoon, pursuant to Instructions from the court. Instructions to the iury came after At torney Frank Graves, for the defense, and Prosecuting Attorney Fred Pugh had argued on the motion of Graves for dis missal through the entire morning and part of the afternoon. Immediately after Judge I H. Kennan stated that the motion for dismissal had been granted, the jury was brought in, the instructions of the court read and the verdict of not guilty prepared by the clerk of the court and signed by Mea gher. This was the end of the case involving the James Sparrow money, and imme diately after the verdict was read Prose cuting Attorney Pugh asked that all the cases against Gordon be dismissed by the court, as the best case had been picked for the first trial, and, inasmuch bs the state had failed in that, the at tempt to convict on the other charges would be useless and a needless expense to the county. This motion immediately brought forth, protests from Attorneys Graves and Sul livan, for Gordon, who declared that they would not be satisfied with a mere order of dismissal, for that would merely serve to allow the state to hold matters up for a short time and again start proceedings. The defense asked that all the cases be tried at once, a Jury empanelled and the earns Instructions given the Jury as in the case just disposed of, which would mean a finale to the matter for all time to come, and make the records as far as Gordon was concerned perfectly clean. This could not be agreed upon and Pugh urged a mere order of dismissal. After a short argument Judge Kennan ordered a continuance until tomorrow morning, when he would rule on the mat. ter. As soon as the verdict was announced. Judge M. J. Gordon said: "The case is without precedent or. par allel in American Jurisprudence. Begun without any complaining witness, it has dragged for 14 months without even a preliminary hearing. A portion of the public press has treated the case with merciless brutality and everything Im agination could Invent or credulity swal low has been served to the public as gospel truth. "In my 50 years of life I have commit ted mucli folly, have been guilty of many Indiscretions, but I haven't stolen any money. "My heart goes out to the friends who have been loyal to me throughout this ordeal. To my counsel I owe a debt of gratitude beyond my power to express." In making the order granting the mo tion for a dismissal. Judge Kennan said: "It appears to me there is no evidence to show that this defendant appropriated this money to his own use. It does ap pear that he had used the Sparrow money to apply on the Tollman case, but there is nothing to show that that was done without the knowledge of his superiors. In the absence of representatives of the railway company to claim irregularities against him, the state can not make out the case. I therefore grant the motion of the defense and will instruct the Jury for the defendant."- "When court convened this morning At torney Frank Graves, for the defendant, moved that the court direct the Jury to return a. verdict of not guilty. His mo tion was based on four statements: First, that the testimony of the prosecution had failed to prove the defendant guilty of the crime charged in the information; second, that the testimony had failed to show the defendant guilty of any crime whatsoever: third, that the testimony of the state had proved that the defendant was not guilty of the crime charged In the Information, "and fourth, that the state had proved affirmatively that the defendant was guilty of no crime what ever. CLARKE TO BE EXONERATED Investigators Will Find Oil Inspec tor Free From Blame. STATE COLLEGE. Pullman. March a- (Special.) That State Oil Inspector y. A. Clarke will be exonerated from all blame included in the charges preferred against him by E. H. Thomas, is deti nltely stated by Senator P. L. Allen, chair man of - the state legislative investigat ing committee, which recently compia'ed Its Investigation of Mr. Clarke's office. The charges were incompetency, neg lect of duty, having used the otfijo io promote an oil company in Utah, having presented vouchers for expenses incurred In private business rather than the busi ness of the state, having used the offlca to increase the business of the Un'on Oil Company to the detriment of ti-.e Stand ard Oil Company, and of other serious misconduct. Concerning the committee's flndine Mr. Allen said: "The report, while making certain lec ommendatlons as to changes In the con duct of the business of the offUvi. will find that the charges have not beeu. proved in any particular, and will exon erate Mr. Clarke from all blame." E. H. Thomas, who preferred the charges, is a brother of H. E. Thomas, who was chief deputy oil inspector until a short time prior to the making of the charges, when he was discharged. SUMMER SCHOOL PLANNED Agricultural College Issues Bulletin of Courses Arranged. wn"""-1! AGRICULTURAL, COL LEGE, Corvallls. March 14. (Special.) vine uregon Agricultural College has is sued a bulletin announcing the session of its 1910 Summer school, to be held In Corvallls June 20 to August 5. This is a preliminary announcement, intended -t- marily for teachers, and will be followed by a special circular giving more com plete information. The 1910 Summer school, according to the bulletin, will be by far the most am bitious ever undertaken, by the college. A large number of special courses have been added to the curriculum and sev eral prominent school men from this stats and educators from the East will Join the instructorlal staff. Special stress will be put upon the courses in industrial pedagogy and school methods, which are being offered for the first time. This work has been forced upon the institution by the unprecedented demand for teachers equipped to teach in dustrial work. The bulletin also announces courses In school supervision, primary methods, grammar school methods, high school methods, all branches of agricul ture, domestic science and art, econom ics. English composition and literature, entomology, history and political science, mathematics, mechanical drawing, phys ical geography, physics, physiology, sur veying, stenography and typewriting. The course in school supervision and school methods will be given between June 20 and July 1 by Superintendent Frank Rigler of Portland, Superintendent J. A- Churchill of Baker City, Catherine Montgomery, supervisor of primary grades in the Washington State Normal School training department. Superintend ent A. C. Strange of The Dalles, Superin tendent U. G. Smith of Medford and others. Special instruction will be given for the preparation of candidates for teach ers' certificates In county and state ex aminations. Instruction will also be of fered in all branches of music and voice. The entire plant of the Agricultural Col lege will be at the service of the Sum-? mer school students. No entrance exam inations or other educational tests will be required, except that no person will be registered1 who is under 16 years of age. HALLEY'S COMET FOUND BODY SHINES 13 DEGREES FROM SUTf TO THE EAST. Rover Sets 40 Minutes After Old Sol, Which It Approaches One Degree a Day. " FOREST GROVE. Or., March 14. (To the Editor.) The following data concern ing the position of Halley's comet may be of interest to those who are trying to pick up the comet just now. It's ephemerls for March 14 is given as R. A. 23 minutes 36 seconds, declination 8 degrees 49 seconds N. This locates it as 6 degrees east from .the equinox and 8 degrees north of the equator. As the sun on the same date is 7 degrees west from the equinox, the comet is 13 de grees distant from the sun toward the east. It will be almost exactly that ' distance above the horizon when the sun sets on March 14, and about 7 degrees north of the west point of the horizon. The comet will set about 40 minute after the sun. Its approach toward the sun from day to day chiefly due to the eastward motion of the sun is about 1 degree a day. On March 26 the two bodies wl'l come together, and the comet will pass by the sun on the farther side, coming out from behind it to appear the next day west from the sun, and hence rising be fore it in the east. After an Interval of 10 days or so about April E It should be sufficiently bright to appear conspic uous in the morning sky. W. N. FERRIN. CLOUDS AGAIN OR S CURE COMET John McXulty, However, Sees Some thing That Might Be It. Scores of comet-seekers in Portland were disappointed again last night in looking for a glimpse of Halley's comet. As on Sunday night, the sun disappeared behind dense clouds some time before it reached the horizon. With showers predicted for today, stu dents of astronomy who have been watching for the comet daily are fearful they will not be able to see the visitor until after it has passed over the sun's disk and appears in the east before day break. The comet will first appear in the east ern skies about April 4, and will grow brighter daily until May 18, when it will approach nearest to the earth. W.' N. Ferrln, president of Pacific Uni versity, who is in California temporarily, says Halley's comet is to be seen In the west about 14 degrees from the sun. Pro fessor J. W. Daniels, of this city, last Saturday gave the comet that location. Because of the rapidity with which the comet is traveling toward the sun. it is admittedly difficult definitely to locate it with reference to the latter. John McNulty, of the United States Hydrographic Service, last night report ed that at 6:30 o'clock yesterday : after noon, from the roof of the Customs building, he saw what he believed might have been the comet. He says the object was " in the western heavens equal in elevation to that of the sun and about 30 degrees southerly from the sun. Al though behind a cloud, Mr. McNulty says the object, which was of a reddish shade, appearing larger than the sun and was of sufficient brilliancy to be visible to the naked eye. It remained in sight for only a few minutes. LANE FRUIT EH BUY CANNERY BENEFIT PURCHASED FOR EUGENE SECTION. Vinegar Factory Will Be Established Soon Association's Business May Be $125,000. EUGENE. Or., March 14. (Special.) A very important deal to the fruit Interests of this section was closed today when the Lane County Fruit-Growers' Associa tion purchased the plants of the Allen Fruit Company, together with the lat ter's business. The purchase Includes the canning, packing and evaporating plants, together with all buildings and property, including sidetracks, etc., . on the Southern Pacific line at the foot of Mill street. The result of the deal will be to place the fruit industry of Lane County under one head and management, which, up to this time, has been under two. At the time the deal was made the Lane County Fruit-Growers' Association Increased its capitalization from $5000 to J25.000. Of this latter amount two-thirds of the stock Is already paid. A vinegar factory will be established an such other branches of the business Improved as will make it possible to handle the fruit of this section with the least possible waste and the greatest satisfaction and profit to the growers of this section. This purchase leaves the association with a clear field for operations. The as sociation last year handled $100,000 worth of fruit. This year it expects to handle at least 125.000 worth. , The management of the new institution will be the same as for the association. J. O. Holt, who has been the man ager since the association was put on a definite basis, will continue as the man ager. W. G. Allen, who has managed the Allen Fruit Company's interests here, will be associated with the new institu tion COMMISSI! SUES TO COLLECT FINE State Railroad Board Imposes Penalty for Railroad's Al leged Disobedience. DEPOT AT LYONS IS ISSUE Corvallls & Eastern Ordered to Build Station and Install Man to Receive Freight, but This Not Done, Is Contention. ALBANY, Or., March 14. (Special.) The first attempt ever made by the State Railroad Commission of Oregon to collect the penalty prescribed for the failure of a railroad company to comply with one of its orders is Involved in the case of the State of Oregon vs. the Corvallls & Eastern Railroad Company, the trial of which began in the Circuit Court here today. The state is suing to collect $10,000 from the Corvallls & Eastern Railroad Company because it failed ,to obey an order of the Railroad Commission to build a depot at Lyons, a station 30 miles east of Albany. This is the penalty provided by section 63 of chapter 53 of the general laws of Oregon for 1907, when a railroad company does not comply with an order of the Commission. Alleged No Depot Erected. The order which, it is asserted the company violated was to erect a depot building at Lyons containing a waiting room for passengers and a room for the reception and storing of freight. The former room was to contain not less than 160 square feet of floor space and the latter room not less than 250 square 'feet of floor space. The company was also ordered to provide a caretaker at the station to sell tickets and to receive freight. ' The depot was to be estab lished and equipped and the caretaker in stalled, according to the Commission's order, in 45 days. This order was made after a regular hearing of the Commission upon a peti tion filed by residents of Lyons, when the Corvallls & Eastern abolished Its regular station there after the road passed into the hands of the Harrlman system. At that time operating expenses were curtailed and a number of small stations abolished. Lyons was one that suffered and - the agent there was re called and tickets were sold on the train. No one was left to care for freight ana the trainmen placed It on a platform ana left it for the consignees to take. This caused the petition which resulted in the Commission's order which is the cause of mis action at law. ' Boxcars Form Station. It Is understood the company will main tain that It has compiled with the Com mission's order, but residents of Lyons who are here to testify on behalf of the state assert that there is no station there except two old boxcars put together and mounted on a platform and that an agent has never been installed. The company will also allege. It is learned, that the order was unjust be cause of the small traffic to and from Lyons. Residents of that town say, how ever, there is considerable freight handled there, both because of the business of that town and also because It is the ship ping point for Mehama, a Marion County town across the North Santiam from Lyons. This case was instituted here May 13. 1909. The company- demurred to the complaint, but Judge George H. Burnett overrruled the demurrer at the October term. The case will be heard by a Jury before Judge Burnett. Case Attracts Attention. In view of the fact this is the first time the Railroad Commission has under taken to collect the $10,000 penalty pro vided by law the case is of state-wide Im portance and is attracting considerable attention. The state will be represented by Attorney-General A. M. Crawford, Assistant Attorney-General I. H. Van Winkle. IMstrlct Attorney John H. Mo Nary and W. P. Lord. Jr.. all of Salem, and Deputy District Attorney Gale S. Hill, of Albany. J. K. Weatherford, of Albany, will be chief counselor for the railroad company. WIFE'S LIFE WORTH $7500 Salem Man Sues Water Company, Alleging Water Caused Typhoid. SALEM, Or., March 14. (Special.) The 6alem water Company was made de fendant today in an action for JT500 damages instituted by James B. Dor- I ranee. T tea allACPArfl in li Q nn.nlo i i ..i Delia 3. Dorrance, 28 years old, died I of using the water furnished by the water company; that at the time of the wo man's death the company's intake pipe was broken where It crossed the elough between the filter and the city mains, and that the water in the slough was stag nant, filthy. Impure and unwholesome and contained colon bacilli and typhus bacilli. In event that the Salem water com pany is defeated In this suit. It has been rumored here that many other claims against it will be laid before the courts by other lelatives of typhoid victims in Salem. CARD OP THANKS. We wish to thank the C A. R. and friends for their kindness to us in the loss of our uncle, O. O. Shurtleff. MR AND MRS. OTTO BRANDES. YOUR KIDNEYS WILL ACT FINE AND ALL BLADDER DISTRESS SIMPLY VANISHES Just a Few Doses Regulate Out-of-Order Kidneys, Ending the Most Severe Backache. If you take several doses of Fape's Diuretic, all backache and distress from out-of-order kidneys or bladder trouble will vanish, and you will feel fine. Lame back, painful stitches, rheuma tism, nervous headache, dizziness, irri tability, sleeplessness, inflamed or swollen -eyelids, worn-out, sick feeling and other symptoms of sluggish, in active kidneys disappear. Uncontrollable smarting, frequent urination (especially at night) and all bladder misery ends. Feeling miserable and worried is needless, because this unusual prepara tion goes at once to the disordered kld- Jneys, bluldw and urinary system and The Home Furnished Complete Our Showing of Easter Apparel for Women Reflects Fashion's Fore most Creations Styles and Fabrics with a marked degree of distinc tion that finds favor 'with discriminating dressers. Portland Agents for Modart Corsets, Lily of France Corsets, Madeleine Corsets Iron JBedls- Just this number have been chosen from our former showing to make room for that new lina just received. All are good styles and full size not one that is not an exceptional bar gain. The sale ends today $4.00 Bed, in either white or pea-green finish, with post caps at. ...... 92.75 $5.75 Bed, in white enamel, at.. $3.50 $14.00 Bed, in white enamel, plain design, at ......$8.25 $16.00 Bed, in white enamel and gold, brass trimmings, at '. .... .$9.65 $37.50 Bed, in finest ivory enamel finish, with heavy 2-inch continuous posts ,at. ...Sj19.75 $34.50 Bed, in best ivory enamel, with heavy 2-.inch posts, capped with brass, at. .$18.50 3T1 "Hew economy. Our terms make it easy place one in your home. You can "New Process" Range in the line try it out for SO days free of then pay for it on the liberal terms of $5 down $5 month. YOUR OLD FURNITURE ING WORKSHOPS AIRSHIP IS BALKY After Almost Dumping Hamil ton in Pond It Won't Fly. ONE GOOD FLIGHT MADE Seattle Thousands Cheer Loudly, Then Wait Two Hours to See Aeroplane Refuse to Rise After Much Tinkering. SEATTLE. March 14. Charles K. Ham ilton, sore and tftlff as a resralt of his mishap Saturday afternoon, when his Curtlss biplane turned, turtle and threw him into a deep pond, made two short flights a.t the Meadows thi9 afternoon. On the first fligrht the steering appar atus was Improperly adjusted and Ham ilton narrowly escaped repeating Satur day's unpleasant performance. The aero plane was slow In rising and after he Sarsaparilla Will purify your blood, clear your complexion, restore your appetite, relieve your tired feeling, build you up. More than 40,000 testimo nials received in two years are the broad and solid foundation for this claim. Be sure to take Hood's Sarsaparilla this Spring. Get it today in liquid form or In tab lets known as. Sarsatabs. 100 doses $1. distributes its healing, cleansing and vitalizing Influence directly upon the organs and glands affected, and com pletes the cure before you realize it. The moment you suspect any kidney or urinary disorder or feel rheumatism pains, begin taking this harmless medi cine, with the knowledge that there is no other remedy at any price, made anywhere else in the world, which will effect so thorough and prompt a cure as a fifty-cent treatment of Fape's Diu retic, which any druggist can supply. Tour physician, pharmacist, banker or any mercantile agency will tell you that Fape, Thompson & Pape. of Cin cinnati, is a large and responsible medi cine concern, thoroughly worthy of your confidence. - Only curative results can come from taking Fape's Diuretic, and a few days" treatment means clean, active, healthy kidneys, bladder and urinary organs and no backache. Toll &z Gibbs, Hoc. MORRISON AT SEVENTH PRICES LOWERED ON 6 PATTERNS $7.25 Rocker, also in quarter sawed and poliehed golden oak $4.25 $8.50 solid oak Rocker -with high back, at. . . . .$5.35 $3.75 Rocker in quarter sawed golden oak. 5. 75 Process" Gas Range's You'll Save Much in Fuel and Labor by placing one of these in your home Ask any woman who is enjoying the conven iences of cooking with a "New Process" she will tell you that it is good enough there will be no hesitancy on her part in recommending it as the one for you to buy, because it has demon strated its practical perfection in cooking and baking, its safety and ease of, operation, its MADE TO LOOK LIKE NEW. ARE MODERNLY EQUIPPED- had circled the track once at a height of 200 feet, he started to descend. The ma chine came down rapidly and for a mo ment it appeared to be diving straight into the pond. It barely cleared, the water, landing in a muddy field. Hamilton had some adjustments made and prepared for his second flight. This time the machine rosa gracefully and. the aviator circled the track two and a half times. He was in the air nearly five minutes and made a splendid landing. This successful flight brought forth loud applause from the spectators. Their Joy was short lived, though, for Dmin TO Spokane St. Paul Chicago St. Louis Omaha Kansas City ON THE Spokane, Portland & Seattle Ry. "The North Tbe-meals are-ftla.crtetbe foodstuffs the best the market sup plies f the menu presents the season ' choicest meats, sea foods, fruits) and delioacies ; the napery, silver, china and glass are of selected design and quality; the decorations and appointments of the oars tartLstic and pleasing, the attendants prompt and coarteooa, the prices reasonable the service of the best oaf a. Leave Portland 9KX A.M. YzOO P. M. Passenger Station 11th and Hoy t Sts. crnr Titiagf omcssi 13a Xhtrd B. IWi4 a4 HonteM St. 109 TUrt St. For 53 years our whiskey has been pure. You may be sure we take no chances of spoiling such a record. Every scientific precaution, plus Gov ernment supervision insures the purity of Bottled In bond Bend for a copy of "Making; the Standard Rye Whiskey of America". A-Guckcnhcimor & Bros, Distiller, Pittibvi. Siactl&57 Todlaiy JEods THnese Haiirggailos ie IRoclkeyg It's the time of year when our various lines are care fully gone over and many samples and discontinued patterns segregated from the stocks, and marked lower in price to close out and make room for the new Spring goods. These rockers, for instance. $10.50 solid oak Rocker, in Colonial design, at $6.25 $11.50 Rocker with solid oak seat - and fancy back panel $6.75 $13.75 Rocker with seat and back of solid quarter sawed oak $8.25 Get Our Prices on Window Shades " ' ; quality of materials and workmanship that enters Shade Department, Sixth Floor. aodl Ganrdleo. Tools To insure your garden and lawn looking right during the Summer months they should be given attention now. Take advantage of these bargains in tools that are essential to their care. Today only Basement: 10c Steel Garden Trowels at 6 15c Never Break Trowels at 35c Malleable Rakes at 26 35c Garden Hoes at 26 45c Malleable Rakes at 33 50c Garden Hoes at ." 36 60c Lawn Rakes at 44c 75c Steel Bow Rakes at !.!54 95c short-handled Spades at .73 $1.25 long-handled Spades at 96 for you to ehoose any charge and OUR UPHOLSTERY, REPAIR AND FINISH ESTIMATES FURNISHED. PHONE US. when he attempted a third flight the en gine balked and the aeroplane would not move. The crowd, which numbered more than tSOOO people, waited two hours while the mechanics worked with the mo tor. At last they succeeded in getting It going, but when Hamilton again at tempted a flight the machine merely ran along the ground for & distance of 200 yards and would not rise Into the air. There was little complaint from the crowd. Kirchner Mar Rnorer. VANCOUVER. Wash., March 14. (Spe- Cars Bank Road BOTUEDjraiN BOND fl " IB i ISM 1 Housefurnishings Sold on Easy Payments $7.75 Rocker in quarter-sawed and pol ished golden oak, at $4.25 YouH find them the lowest when you take into consideration the into every window shade we make. s no wo clal.) Edward Kirchner, of Brush Prairie, who was injured while rolling logs Sat urday, this afternoon regained his senses for a short time. There is now hops that he may recover. COLLARS Look well as long as they last last longer than ordi nary collars and cost no more 15c each 2 for 25c Cluett, Peabody & Co., Maker ARROW CUFFS. 35c. a Pair W. L. DOUGLAS $3.00,s3.50, 4.00 SHOES Best In the World, UNION MADE Boys' Shoes $2.00 and $2.50 Fast Color Eyelets Used W. I Douglas shoes are the lowest price, quality considered, in the world. Their excellent style, easy fitting and long wearing qualities excel those of other makes. If you have been paying high prices for your shoes, the next time you need a pair give W. L. Douglas shoes a trial. You can save money on your footwear and get shoes that are just as good in every way as those that have been costing you higher prices. If you could visit our large factories at Brockton, Mass and see for yourself how carefully W. L Douglas shoes are made, you would then understand why they hold their shape, fit better and wear longer than other makes. CAirriOM W. L. Douglas name and price Is stamped on th bottom to protect the wearer apalnflt nigh price and Inferior shoes. 1?alce N o Substi tute). If w. L. Dougla shoes are not for sale In your Ticimcr. wnio lor mail uruer catalog, w l l-vigiat. BrocstoriiMnss -FOR SAXE BY Goddard-Kelly Shoe Co. 324-226 Washington Street. HAND FOR "TOILET AND BATH. I F-lns;era mdwiss fer Beedlewexk catch erery stain suit loov hnn.i.i. Alrty. Sand Ssvpollo removes not onlr the dirt, but also the loosened. Injured cuticle, and restores tbe flaers f thdr matnral beauty. i Arrow