I
THE 3IOEXIXG OREGOXIAX, FRIDAY, APRIL 1, 1910. - 17
HOURS
IFTEB 11
MOORE JURY RESTS
leliberators Are Locked Up
for Night and Disagreement
Is Predicted.
IEFENSE DOES NOT ARGUE
laximnm Penalty for Offense Is
$100 Fine and Two Years' Im
prisonment Judge In Charge
Defines Insolvency.
tOonrlmied Trtm First Page.)
plained to you bjb being necessary to
constitute the crime, that you shall find
that the defendant knew the bank to
be Insolvent at the time the deposit
in question was received, and such
knowledge roust have been, actual
knowledge.
Insolvency Is Defined.
"The word Insolvent as used in the
statute to which I have directed your
attention, and In the Indictment herein,
and applied to a bank or firm or cor
poration engaged in the business of
banking, means inability to meet lia
bilities in the usual course of business;
and if the assets of the banking firm
are Insufficient in value to pay the
debts of such firm, company or corpo
ration, then such firm, company or cor
poration is insolvent. A bank is solv
ent within the meaning of this act
when it possesses assets of sufficient
value to pay within a -reasonable time
all Its liabilities through Its own
agencies, and is insolvent when it does
not possess assets of such value.
'Tou are further instructed that the
defendant is a competent witness in
this case, and you must consider his
testimony in arriving at your verdict,
but in determining what weight and
credibility you will give nis testimony
in making up your verdict you may
take into consideration as affecting his
credibility his Interest In the result
of the case, and that he is the accused
party on trial, and testifying on his
own behalf."
tas under lock and key a few minutes
fter 11 o'clock.
The charge against Moore is brought
Inder section 18 of chapter 138 of the
regon laws enacted by the Legislature
n 1907.. The maximum penalty la a
Ins not exceeding 1000 and lmprtson
bent not exceeding two years.
Announcement was made several days
tgo In the District Attorney's office that
h case of a mistrial Moore would bo
(etried again . as soon as possible on
bs same charge. Moore's case is the
Brat time under the new law that the
Jueatlon of solvency of a bank bad be
lome an Issue In the Oregon courts.
Attorney Fulton at 8:30 o'clock In the
Doming announced tliat the defense
foul A waive argument before the Jury,
friasmuoh as the attorneys for the de
lense had asked for time the preceding
Ifternoon, Judge McGinn asking that his
(pcech be deferred until yesterday, the an
louncement that they would make no ar
gument came as a great surprise.
Charge Tells of Deposit.
Judge Bronaugh excused the Jury until
(0:30 o'clock to enable him to prepare his
formal charge. Then court was recon
vened and the charge given. Briefly, he
bld in his interpretation of the law that
the draft deposited by Minnie Mitchell
Iras a valid deposit, that Moore did not
(lave to be present in the Institution at
pie time the transaction happened. He
Jeflned Insolvency by saying that the in
stitution should have had sufficient as
lets, taken at a reasonable price, regard
less of their cost, to meet the liabilities,
lettled within the usual course of busi
oess after the monner In which the aver
age careful, prudent man might adminis
ter his own business which he was about
to close out.
Several Instructions Opposed.
Attorney Fulton took exception to
several points in the Judge's charge.
Objection was made to the in
structions as to the delivery of
the bank draft being a deposit within the
meaning of the law; to that portion of the
charge in which It was said that it was
not necessary for the defendant to be
present In the bank at the time of the al- I
leged deposit; to the Judge's comment on
Ihe testimony of the defendant, the weight
to be given It and also because it was
singled out and commented on separately
from the testimony of other witnesses.
In part Judge Bronaugh's charge was
as follows:
"To constitute the crime charged In
this Indictment, three things must ap
pear to your satisfaction, beyond a
reasonable doubt, from the evidence In,
the case. First, that the Oregon Trust
& Savings Bank, on the 20th day of
August, 1907, received from one Minnie
Mitchell a deposit as charged in the
Indictment: second, that at the time
said deposit was so received, if it was
received, the said Oregon Trust & Sav
ings Bank was insolvent; and, third,
that the defendant.-Walter H. Moore,
then and there knew the said bank to
be insolvent.
Coin Received Is Deposit.
"If you believe from the evidence that
on the date charged in the indictment
a bank draft was delivered by said
Minnie Mitchell to the Oregon Trust &
Savings Bank, as charged In the In
dictment, and was received by said
bank, by one of Its authorized agents,
and credit given therefore by said
agent, by entering the same upon a
deposit slip or book as a credit in favor
of said Minnie Mitchell, said agent
then delivering said book to said Min
jiie Mitchell with authority to draw and
check against said Oregon Trust &
Savings Bank to the extent of the credit
so given on said depositor's book, then
you are instructed that said receipt
of said alleged deposit by said bank
wns an acceptance of a deposit within
tlm meaning of the law, even though
taid deposit may have been received
after the usual banking hours. The
subsequent closing of the bank, if you
find that It closed by reason of In
solvency, and the return of the deposit
to said Minnie Mitchell, if you find it
was returned, is immaterial.
"You are Instructed that it is not
necessary that the defendant should
have been present in the bank when
said deposit was received. If you find
said deposit was received; but it is
sufficient if you believe from the evi
dence that the said deposit was taken
and received by some person other than
the defendant, but that such person
was then and there in the employ of
the Oregon Trust & Savings Bank and
acting under the direction and control
of said defendant in said employ and
that such other person had general
power and authority from the defend
ant to receive deposits into said bank.
Closed Doors Not Enough.
'The mere fact that the bank In ques
tion closed Its doors and suspended
payment on or about the 21st of Au
gust. 1907, if you find It to be a fact
it did so. would not of itself be suf
ficient proof or evidence of insolvency.
If you shall find that even though the
hank was compelled to close its doors
and suspend payment because of in
sufficient cash to continue active busi
ness, and shall also find that at the time
the deposit In question was received, if
it was received, the value of the assets
. of the bank realizable In a reasonable
time, in the course of liquidation by
the proprietors as ordinarily prudent
persons would ordinarily close up their
business, was equal to Its liabilities,
then you should find the bank was solv
ent, and should find the defendant not
guilty.
"If you should And beyond a reasona
ble doubt that the bank was insolv
ent at the time the deposit was re
ceived. If you And that it was received,
then in order to find the defendant
guilty of the crime charged In this in
dictment it Is necessary, in addition to
the other elements which I have ex-
PERS0NALMENT10N.
"W. B. Sherman, of Grants Pass; regis
tered at the Oregon yesterday.
0. Holland, a Seattle timber land op
erator. Is staying at the Xjsamx.
O. S. rBergman, of Gardiner, was among
the arrivals at the Lenox last night.
33. P. McComack, a banker at Salem,
registered at the Cornelius last night,
H. S. Barbour came Jn from Mayger
yesterday and registered at the Ramapo.
"W. A. Barrett is among the representa
tives of Albany to be found at the Ore
gon. "VV. rCIunols, wife and child, are
among the Hood River people at the
Lenox.
fcl. w. Scott, merchant and insurance
man at .Klamath Falls; Is staying at the
Cornelius.
J. K. McGregor, one of Mosier'e push
ing citizens. Is spending a few days at
the Imperial.
C. J. Calkins and F. H. Stanton are
down from Hood River, and registered
at the Perkins yesterday.
J. Bowerman, of Condon, a candidate
for Governor of Oregon, is among the
politicians at the Imperial.
Or. A. G. Prill and B. C. Peerys are
among the visitors to Portland who are
quartered at the Oregon.
"Willis S. Duniway, State Printer at
Salem, came to the Imperial yesterday
and Is accompanied by his wife.
S. J. Beck, prominent lumberman from
Lexington, Wash., is located at the
Perkins during his stay in the city.
R. D. Scarmnon, well-known timber
operator of Oregon and Seattle, and Mrs.
Scarmnon, are located at the Ramapo.
B. K. Law son and A. W. Kune, of
Cottage Grove, came to the Perkins yes
terday and are visiting Portland Jobbers.
Mrs. H. Conyngham, of Libby. Mont.,
stopped over with friends at the Cor
nelius yesterday while returning from
California.
iBruce Clendennlng, attorney for the
Sweeny Interests, arrived from Spokane
yesterday and Joined his chief at the
Hotel Portland.
Dr. C. R. Ray. of Medford, Is among
the arrivals at the Portland, and is ac
companied by his brother. Colonel Frank
H. Ray, of New York.
Henry Mueller and wife, of Hamburg,
Germany, reached the city yesterday on
a tour of the West Coast and are quar
tered at the Nortonia.
J. Y. Gooding and wife, Worcester,
Mass.. and F. D. Thayer and wife,
Denver, form a party of tourists who
are staying at the Seward.
H. C. Barroll. connected with- the own
ership of the Portland Cement Company,
came up from Pasadena, Cal., yesterday
and is staying at the Portland.
X. Berkeley, mine-owner and operator
Interested In the Grant district of East
ern Oregon, came In from Pendleton yes
terday and located at the Cornelius.
C. F. Johnson and T. J. Lindgren, mer
chants from Kent, Wash., are staying at
the Perkins while becoming acquainted
with Portland wholesalers and Jobbers.
John R. Harvey, the Gold Hill mining
man who recently cleaned up his hold
ings and established his home at Med
ford, arrived at the Portland yesterday.
F. R. May and F. W. Zufelt, of Meskill.
Wash., arrived in the city last night and
are among the prominent merchants
from Southwestern Washington quar
tered at the Perkins.
Mrs." A. P. M. Jamison, who has been
visiting In Washington, I). C New
York, and other parts' of the East dur
ing the past three months, returned
yesterday to her home. 682 Main street.
B. E5. Willard returned to the Imperial
yesterday from a visit to Eastern Ore
gon for the purchase of beef. He brought
in eight cars of fancv stock, and an
nounces that the growers are holding for
even higher prices.
H. D. Scudder, of the faculty of Ore
gon Agricultural College, went to the
Seward after returning from a trip
through Eastern Oregon with the farm
ing demonstration train.
W. F. McGregor, Collector of Customs
at Astoria, accompanied by F.. L. Park,
Deputy Collector, reached the Imperial
yesterday for the purpose of paying the
officers and men aboard, the revenue
cutter Manning.
J. H. Davison, president and general
manager of the Rapid Transit Company
of St. Paul, Minn., Is at the Nortonia
today, returning from a Winter in
Southern California. Mrs. Davison ac
companies him.
Berry A. GifTord. well known photog
rapher at The Dalles, is at the Imperial
for the purpose of preparing the nega
tives for pictures of Oregon scenery
which are to adorn the walls of the
Trail, as the opening from the hotel
lobby to Washington street has been
designated.
Charles Sweeney, the Spokane capi
talist, former associate of John R.
Gates. Frank Drake and other well
known Wall-street plungers, arrived at
the Portland yesterday from a trip to
New York. He is accompanied by his
daughter. Mrs. Clarence Edwards, and a
granddaughter.
James Hem en way, of Cottage Grove,
ex-member of the Legislature and now
devoting his time to the grocery trade,
reached the Imperial last night.
Otto Moore. vice-president of the
Marine & Merchants Bank at Milwaukee,
Wis., accompanied by his brother, James
Moore, are at the Nortonia.
CHICAGO. March 31. R. R. Gardner,
of Portland, is at the Great Northern
Hotel.
NEW YORK. March 31. (Special.)
The following persons from the Pacific
Northwest registered at New York hotels
today:
From Portland H. H. Ahrpns. V. E.
Campbell. L. C. Hammer, at the Nathan;
D. C Manning, at the Astor.
From Everett. Wash. W. G. Hull, at
the Algonquin.
From Salem W. T. Jenks, at the Her
ald Square.
From Spokane C. S. Slawson, at the
Navarre: Mrs. C. H. Wooden. C. H.
Wooden, at the Astor.
From Seattle G. W. Hick. at the
Grand: E. J. Ivey. at the Continental;
L R. Decuhuir. at the Astor.
From Uoseburg. Or. Mrs. N. Boyd, at
the Continental
OUT
Ore"
334 Washington Street
Near Seventh
GUMEERT S
334 Washington Street
Near Seventh
Lease Sold to the Hudson Bay Fur Co. at a Splendid Profit, so We'll Dispose
-of Our Stock With no Thought of Gain
A $20,000 STOCK OF WOMEN'S
AND MISSES' SPRING GARMENTS
TO BE SACRIFICED AT ONE-HALF AND ONE-THIRD THE ORIGINAL PRICES
SALE STARTS THIS MORNING AT 9 A. M.
J cjL- " U w if
r If lattl
ITS
SPRING SU
For Women and Misses Less Than Half Price
The finest Spring Suits are included in this great sacrifice
and you buy them at less than half price. Think of buying your
Spring Suit at less than you could purchase the cloth and the
trimmings. You must believe the evidence of your own eyes.
You cannot afford to pass these bargains up without inspection,
for there isn't a store in the land that can afford, at the height
of the season, such -grand apparel at such ridiculously low prices.
(My word for it Here is a sale without a parallel in the his
tory of Portland merchandising.
Note These Wonderful Values
$20.00
$25.00
$30.00
$40.00
$50.00
Women's
Women's
Women's
Women's
Women's
and Misses' Suits $9.85
and Misses' Suits $12.35
and Misses' Suits $14.95
and Misses' Suits $19.85
and Misses' Suits $24.85
NOTE LOCATION
Seventh and Washington
Opposite Owl Drug Store.
BARGAINS
That Give to the Name a
New Meaning
$6.50 SKIRTS $2.45
Panamas, voiles and serges; best style, perfect
fit, all sizes.
$2.00 WAISTS 95c
Over 1000 -waists to be sold at this price. All
new Spring models.
$4.00 Waists $1.95
Beautiful lingerie waists in over 30 styles; the
prettiest waists in town.
$7.50 SILK PETTICOATS $4.95
Extra size petticoats for women who appreciate
full petticoats.
$10.00 SHORT JACKETS $4.95
Big call for' jackets. Here they are in covert,
serges and panama. .
$30.00 PONGEE COATS $15.95
The most popular garment for Spring. These
garments are all elegantly tailored and trimmed
in Persian braid and satins. A rare bargain.
LOOK FOR THE RED SIGNS
Seventh and Washington
Opposite Owl Drug Store.
GIRLS HELP BUY LINEN
ST.
MARY'S ACADEMY PCPILS
GIVE $5 0.
Money Will Be Used for St. Vincent's
Hospital, Where 12 Kooms
Need Furnishing.
With many others, the young girls of
St. Mary's Academy are taking a great
Interest in the linen shower for St. Vin
cent's Hospital. They have contributed
$50, which in to be used to purchase linen
at wholesale rates. Many of the whole
salo merchants of the city have given
generous contributions to the hospital,
both in. money and in gopds.
Twelve rooms still remain unfurnished.
As this is the last week for receiving
donations, intending givers are asked to
communicate with any of the commit
tees named below. All interested in the
work of the hospital are invited to be
present at the tea arran ged for April
6 In the new building. The committees
are :
Central comrmittee Mrs. P. J. Cronin,
president; Miss E- V. Campion, secretary ;
Mis Anna Cremen, .treasurer.
Cathedral parish Mrs. M. Zan, Mrs. John
Barrett. Mrs. F. J. A. Mayer. Mrs. W. A.
Elvira. Mrs. McDonald, Mrs. W Jessop, Mrs.
Raleigh Stott. Mrs. J. E. Cronan, Sr.; Mrs.
John Manning. Mrs. W. E. Prudhomm.
Mrs. Katherlne raly. Mrs. T. J. Patterson.
Mrs. p. H. Flynn. Mrs. M. R. Burke, Miss
Springer, Mrs. J. P. O'Brien.
tit. Patricks parish Mrs. W. J. Blake,
Mrs. E. R. Clay. Mrs. P. Douglass, Miss
Sherlock, Mrs. urkin.
St. Lawrence parish Mrs. Frank Kiernan.
St. Joseph's parish Mrs. Joseph Webber,
Mrs. Schwartzbeck. Mrs. Eder.
Holy Rosary parish -Mrs. James La id law,
Mr. Sauvle. Mrs. John Maginnls, Mrs. O.
Maginnis. Mrs. J. A. Heughes.
St. Francis parish Mrs. T. J. McNamfe,
Mrs. Walter Slnnott, Mrs. E. S. Rout ledge,
Mrs. T. elites.
Immaculate Heart parish Mrs. William
Falley. Mrs. Thomas iShea, Mrs. Joseph
Xoonan.
Holy Cross parish Mrs. W. G. Steele, Mrs.
E. B. Ganbee, Mrs. J. F. McCarthey.
St. Clement's parish Mrs. J. T. Murphy,
Mrs. T. Mahoney, Miss Anna Ryan.
Sacred Heart parish Mrs. E. Krellech,
Mrs. I. j. McGIll.
St. Stephen's parish Mrs. J. W. K8Uy,
Mrs. N. J. Drew.
St. Andrew's parish Mrs. A. Kirk, Mrs.
Miller. Mrs. Kopart. Mrs. Howard.
Holy Redeemer parish Mrs. F. M. Bar
rett, Mrs. St a pie ton.
George H. Gregory, the well-known
teasel-grower of Molalla. One hundred
and fifty boxes contained 600 pounds each
and Mr. Gregory will probably net 6 cents
per pound, making 55400 for an unusually
large crop.
IDEAL DAYS TO CONTINUE
CHEESE TOO MUCH FOR MA
Will Cressy Tells How Caiuembert
Variety Choked Mother.
"Will Creasy, whose portrayal of the
quaint New England characters supplies
an abundance of humor in the bill at
the Orpheum th week, is telling how
ho took hisi father end mother last Fall
down to New York on an auto trip, and
invited them to Martin's for dinner.
Everything went well until the Camem
bert cheese was served it was mother's
first offense. She had faith in every
thing Willie gave her. so she took
large mouthful. She chewed It once and
then looked at her son in a heartbroken
way. Placing her napkin to her mouth,
she asked him beseechingly, "What will
I do with it?"
Weather Prophet Says Rains Are
Over Except on Puget Sound-
Portland residents and visitors in the
city enjoyed an (deal day yesterday and
the Weather Bureau forecasts a contin
uation 'of the same conditions for today.
The maximum temperature was 63 de
grees and for 10 hours not a cloud appeared
in the sky. Warnings for a. light frost
Friday morning were sent out yesterday.
There is an area of high pressure over
the Northwestern states and rains have
ceased In all sections except Puget Sound.
Temperatures have remained high over
the entire Northwest. The highest tem
peratures recorded on the Pacific Coast
were at Sacramento and Red. Bluff, where
the thermometer climbed up to 74 de
grees. At San Francisco it reached 72
degrees. ,
NEW MILL WILL BE BUILT
Corporation Formed at Montesano to
Construct Big Plant.
MONTESANO. Wash.. March 31.
("Special.) The Syverson Lumber &
DISTRESS FROM A BAD STOMACH,
GAS AND INDIGESTION WILL END
Your out-of-order Stomach feels fine
five minutes after taking a
little Diapepsin.
Take your sour,, out-of-order stom
ach or maybe you call It Indiges
tion, Dyspepsia, Gastritis or Catarrh
of Stomach; It doesn't matter take
your stomach trouble right with you to
your Pharmacist and ask him to open
a 50-cent case of Papo's Diapepsin and
let you eat one 22-Errain Triangule and
see if within five minutes there is left
any trace of your former misery.
The correct name for your trouble Is
Food Fermentation food souring; the
Digestive organs become weak, there is
lack of gastric juice; your food is only
half digested, and you become affected
with loss of appetite, pressure and full
ness after eating, vomiting, nausea.
heartburn, griping In bowels, tender
ness In the pit of stomach, bad taste in
mouth, constipation, pain in limbs,
sleeplessness, belching- of gas, bilious
ness, sick headache, nervousness, dizzi
ness or many other similar symptoms.
If your appetite is fickle, and noth
ing t-mpts you, or you belch gas or If
you feel bloated after eating, or your
food lies like a lump of . read .on. your
stomach, you can make up your mind
that at the bottom of all this there is
but one cause fermentation of undi
gested food.
Prove to yourself In five minutes
that your stomach Is as good as any;
that there is nothing really wrong.
Stop this fermentation and begin eat
ing what you want without fear of dis
comfort or misery.. y
Almost instant relief Is waitine for
you. - It Is merely a. matter of 'how
soon you take a little Diapepsin.
Teasels Yield Big Returns.
OREGON OITT. Or.. March 31. iSpe--tr1-
Ninety thousand pounds of teaseli
( J re shipped to England Uiis week by
BETWEEN THE THREE
PORTLAND, TACOMA AND SEATTLE
YOU CAN USE THE FAMOUS
Shasta Limited
"The Finest Train in the West"
Leaving Portland at 3 P. M., arriving Tacoma 7.45 P. M.;
Seattle 9.20 P. M. Without loss of a business hour, the
trip is made qnickl.y and amid every luxury and comfort.
If you wish to travel by night there is the ,
"O. & W. Owl" from Portland at 11.45 P. M.,
reaching the Sound cities in the early morning.
Sleeping cars open for passengers af ter9.30 P. M.
Stops made at intermediate stations "O. and W. Local" at
9.00 A. M. for Seattle, Tacoma and intermediate stations.
CITY TICKET OFFICE, THIRD AND WASHINGTON STREETS. C W. STINGER, CT.A.
PASSENGER STATION, UNION DEPOT. C V. McKELVEY, D. T. A.
W. D. SKINNER, General Passenger Agent
slungTe Company Is the name of a new
corporation, which will build a. saw
and planing mill in Montesano. The
company, which Is composed of G. A.
Onn, president; H. B. Onn. vice-president,
and H. Syverson, secretary and
treasurer, has purchased about five
acres of land on the waterfront and is
now putting it in shape for the erec
tion of the buildings.
The plans contemplate the Immediate
expenditure of about 965,000 and the
ultimate outlay of twice that amount
The plant will be equipped with a nine
foot bandsaw, head rig and a six-foot
double-cut side rig with shotgu feed.
The buildings will be erected with a.
view of adding new machinery as
ueeded.
Accused or Passing Bad Checks.
On a charge of passing a forged
check, Max Ottinger was arrested
yesterday afternoon, the complaint be
ing sworn out by A. Moser, who con
ducts a saloon on Washington street.
Ottinger is alleged to have passed a
number of bogus, checks in the city.
The arrest was made by Detectives
Snow and Coleman.
GOLD
Guts Grease
DU
and Dissolves
ST
Dirt. It saves your strength.
The labor question is solved when you "Let
the Gold Dust Twins do your work." GOLD
DUST is an antiseptic washing1 powder that
works wonders. It not only removes the visible
dirt and grease, but goes deep after every hidden
particle and minute impurity every trace of
germ" life sterilizes as well as cleanses and
leaves everything it touches clean, pure, whole
some, safe.
If you want to reduce the muscular effort of
household cleaning and
make work a pleasure, let
GOLD DUST show you
the way. All you have to
do is to assist GOLD DUST
by directing its energy; it
does most of the work.
OT)LD JTTTTTr Ttrtn do your laoHf
Made by THE N. K. FAIRBANK COMPANY
Makers of FAIRY SOAP, the oval cake
O PROFIT
ORCHARD LAND, SOUTHERN OREGON
GROUND
FLOOR
PROPOSITION T 846 QitEGQNlAN I
Only $10,000 wanted in $250 to $1000 lots. !
Money deposited with reliable Trust Co.
Backed by well known Portland people.
Act quickly, this ad will not appear again.