TOE aiORXIXG OREGOMAX. FRIDAT, APRIL 8, 1910 TRACKWALKER PUTS so pleaded not guilty, and will be tried May 16. Peterlno Bartholomao will be tried April 14 for the alleged theft of a suit of clothing, pair of shoes, two shirts and a pair of suspenders from the home of Thomas Kiely. . Bartholomao pleaded not guilty yesterday. WICKERSHAM PUTS The Store With the Efficient Service E E TEX CHI1DREX GET ESTATE 14 BLAM ON FOREMAN BLAM ADV1CF sps? arvSfetsgFTses Exposure and Overwork Recit ed in Defense of Man slaughter Charges. HELP WAS INSUFFICIENT Eamuel B. Lewis Says He Faced Elements Until Kxhausted, and, i'led From Scene to Avoid Danger After Wreck. The wreck of the Portland-Chicago fast freight No. 55. between Dodson and Bonneville last November, in which En gineer Thomas F. Rogers was scalded and crushed to death, was caused by the fail ure of section foreman, William C. Stith, to employ enough watchmen, according to the story told to a Jury in the Cir cuit Court yesterday afternoon. The suit is being tried in Judge Gantenbein's department. Samuel B. Lewis, the trackwalker ac cused of manslaughter for deserting his post early on the morning of Engineer Rogers' death, was on the witness stand. He declared under oath that he had been on duty 20 hours without rest at the time he left his piece of track, and that he had twice told Foreman Stith that he was not physically able to endure the exposure. He said the rain was falling heavily at the time he quit, that the wind was blowing a heavy gale, and that lie was benumbed with cold, the section of track which he was sent to patrol be ing exposed to the wind, and the railroad company having provided no place of shelter. Lewis said the wind was blowing so hard that occasionally he was compelled to turn about to catch breath. He found after a time that he had no matches, and secured some from another watchman named Dodd. He found Foreman Stith with Dodd, he said. and that Dodd walked with him to an empty hotel build ing, showing him- where his beat began, and standing on the porch out of the wind to talk with him. Lewis continued: "After we had stood around for five minutes I said that I was chilled through and could not stand it any longer. I asked him if he would relieve me. I don't Know whether he made me any 'answer. I was standing on the ground kicking my feet together trying to get a little circu lation In my legs. . He stayed a minute or two and left.- I continued patrolling my beat until 3 o'clock in the morning. "When I took my watoh out I could hardly get It back in my pocket. I was so be numbed with cold. My riands and wrists were stiff. I could not have gotten the watch out again if I had tried. That was the last time I looked at it. Man Benumbed' by Cold. "The weather continued as bad as it was earlier in the night. I remained Dn the beat after that about an hour or an hour and a half. By that time I was staggorlng from rail to rail. On the last trip I fell down and put out the light in the lantern. I had a hard time relighting it. and then I went out and leaned up against the outfit car, to see if I couldn't get out of a wind, and get warmed up a little. "I didn't stay long. I started down the track pretty soon after that, and I ran into Dodd. I couldn't see him. I tried to tell him I couldn't stand it any longer, tout my teeth were chattering and my fare was so numb I couldn't talk et first. He told me to come back. fr my dinner bucket, but I didn't want it. On his beat high cliffs shut off the wind. On my beat the wind had a full sweep. When I got to the cabin I dumped every thing in a heap and got into bed. "On Dodd's beat there was a tie shanty. Tint the rain had leaked through the roof nnd put out the fire. I had been on duty 20 hours and the last time I went out the forenran said nothing about when I was to quit. Sometime later, after I was sound asleep, someone knocked on my door and said there was a wreck on my beat and that I had better get out of the country, because the train crew might handle me roughly. But I didn't pay any attention. Then e, man named Cook, who has charge of the signal lights, came in and sat down by the bed and began slapping me on the face to wake me up. He said there were three train crews around, and that I had better get out. I was too tired to answer him. But I got up and started out after he left." Foreman Shifts Blame. Deputy District Attorney Vreeland brought out on cross-examination that 3jewis went past the section-house where Stitli was" sleeping, on Lewis' way to his quarters, but that he made no attempt to awaken Stith. H. L. Alarkuo. conductor of the wrecked (freight, said the wreck occurred at 6:25 A. M. Engineer Rogers was badly Jnurned by steam, he said, and suffered a broken leg. He said the trainmen suc ceeded in extricating their comrade and took him to the outfit car, where he died. The engine was at right angles to the track and freight cars were piled all about It. He told of the difficulty he Tiad in communicating with the Portland office of the company. A. L. Stewart, rear brakeman. also testified. Deputy Sheriff Leonard and Special Agent Wood told of Lewis' arrest 44 miles5 from the scene of. the accident. Deputy Leonard said Iewis told the officers af ter his arrest that when he left his post and went to bed he was afraid of a train wreck and that Dodd. the other watch man, told hin he had not better leave. "He Bald." testified Mr. Leonard, "that ho was sorry he left, and that if he had remained on duty the wreck might not have occurred." The state will put its witnesses In re buttal on the stand this morning. The Jury trying the caw is a follows: Oeorge L. Yost, G. R. Bowman. D. F Hardman. C. Ratell, A. L. Ingalls, Ed A. Schloth. William Rueppell. Charles H. Dobson, W. B. Barr. O. H. Rieger, C. M. Rogers and Knute Anderson. lOUGER ADMITS HIS GUILT Time for Sentence Continued Vart- our Trials Are Set. Joseph Johnson, alias John Moore, pleaded guilty before Presiding Circuit Judge Morrow yesterday afternoon of having knowingly passed a forged or der for S3. 60 upon the Scandinavian American Bank. The crime was com mitted February IS. Judge Morrow continued the time for sentence. Murray A. Pennock pleaded not guil ty to having; stolen I1SS from Victor Pierson March 9. Charles Payne said he was not guilty of having assaulted T. O. Puckett with a dangerous weapon January 20. His case was set for trial May 5. Max Uedinck. charged with having obtained money by false pretenses by passing a demand note for $60 on the Wright-Dickinson Hotel Company, al Will of Philip Silcher Disposes of Property Worth 918,500. Philip Siloher's will, disposing of an estate worth about J18.&00, was filed in the County Court yesterday for probate. Silcher died February 9. He left notes valued at J9000, Portland real estate worth J2S00 and land In Grant County. South Dakota, worth J7O0O. The will gives six daughters S00 each, Mrs. Louise TJlrich, another daughter, $500, and three sons $1000 each. S. J. Harder, Fred Ellers and G. Cas tendeick have appraised the property of Peter Hagner at $29,800. Husband Xags, Says Wife. Agnes Caufield filed suit in the Cir cuit Court yesterday against Carl F. PORTUXDER, I'XDERSTTDT IX "THE RED MII.IV SINGS . ROLE I. HOME CITY. Miller, Baritone. More than ordinary interest at taches to the engagement of "The Red Mill." now playing at the Baker, In the fact that Emil A. Miller, a former Portland boy, is understudy for one of the prin cipal roles, that of Dorris Van Damm. Wednesday, at the mati neer performance, Mr. Miller was offered an opportunity to display his ability in the part, out of consideration of the fact that this is his home city. Mr. Miller has a fine baritpne voice, well-trained and of excel lent range. He is the son of Mr. and Mrs. William F. Miller, of 606 Misner street, and has three brothers residing here. In 1908 Mr. Miller left Portland with "The Isle of Spice" com pany, and next year will play the role of "Dorris" in an Eastern production of "The Red Mill." Mr. Miller has been the recipient of many social attentions given in his honor during his brief en gagement here. Tonight he will be the honor, guest at a dinner party, of which Waldemar Lind will be the host. Caufield, because, she says, he has, by failing to support her, compelled her for the last five years to earn her own living. She says she is continually nagged when her husband is at home, but that he has of late taken to spend ing his evenings away from home. She says his disagreeable conduct has so worked upon her nerves that she is unable to attend to her household du ties. She married Caufield in Portland, January 2, 1904. Ship Carpenter Brings Suit. Andrew S. Morrison, a carpenter, brought suit yesterday against Chris tian Honness and Charles N. Nelson of the Portland Shipbuilding Company for the recovery of $15,000, on account of an accident in which his right ankle was broken. On April 9. 1908, he says, when he was assisting in laying a deck upon the steamer Shaver, a stick of heavy timber rolled off two nail kegs upon him. He says that the com pany should have provided wooden horses in place of the kegs. Carpenter Sues for $25,0-00. H. Buttschau, a bridge carpenter, brought suit in the Circuit Court yester day against the Columbia Contract Com pany, to recover $25,000 damages. He alleges that while he was at work on the rock-crusher July 15 last year, a plank broke under him. so that he fell 29 feet, breaking his ankle. He says he was at tempting at the time to move a shaft. Real Estate Dealer on Trial. J. C. Reed, a real estate dealer, is on trial in Judge Bronaugh's department of the Circuit Court on a charge of obtain ing money under false pretenses. It Is alleged that on November 9, last year, he sold to C. S. Ogsbury a half interest in a real estate office at 507 McKay building for $250, when he had already sold to other persons. Pie Thief Gets Six Months. John Foley, convicted of having stolen a pie from- the North Bank Restaurant, as well as 20 meal tickets, was sentenced by Circuit Judge Gatens yesterday morn ing to serve six months in the County Jail. The jury recommended him to the mercy of the court. U. P. PRESBYTERY TO MEET Church and Affiliated Societies in Oregon Convene Monday. The regular meeting of the Presbytery of Oregon of the ITnited Presbyterian Church will be held in the First Church, corner Sixth, and Montgomery streets, beginning Monday at 1:30 P. M. and will continue throughout Tuesday. The Rev. A. B. Dickie, of Warm Springs, Is the retiring moderator, and the Rev. S. E. DuBols. of this city, is the clerk. At the same hour, but in the Sabbath school auditorium of the First Church, the Woman's Missionary Society of the presbytery will hold its annual meeting. Mrs. Dickie is the president and Mrs. O. A. Cash secretary. A popular meeting will be held Mon day evening at 7:30, in which the Rev. Dr. William Parsons, of the Third Pres byterian Church, will deliver an address on "The Triumphs of Christianity in the Nineteenth Century." The choir of the First Church will furnish special music All are cordially welcome. Half a million telephone messages -were sent from the Waldorf-Astoria Hotel In New York last year. Free Sunday excursion. Woodburn Orchard Co., Henry Bldg. Both phones. - ... t Km 11 A. United Railways Manager De clares Lawyers Caused Ejection of Two From Car. CONDUCTOR BLAMED ALSO Counsel for Official Contends Bond and Appeal Barred Contempt of Court Charge Step Tardy, Allege 1lnntonites. Asserting that he acted under advice of his attorneys, L. B. Wlckersham, manager of the United Railways, be fore Judge Morrow yesterday, denied being a court contemner in maintain ing 10-cent fare to and from Linnton. His lawyers, he alleged, are to blame for the experience of Mr. and Mrs. John Newton, who were ejected from a United Railways car last Saturday night for proffering a nickel apiece as fare and compelled to trudge from Whitwood Court to Linnton in driving rain. In a measure, blame is also put on the conductor by the railway manager, Mr. Wlckersham, in his response to con tempt of court proceedings, alleging that he, personally, did not oust Mr, and Mrs. Newton from the car. Judge Morrow took the case under ad visement, saying he would announce Mon day when he would hand down a de cision. Attorneys A. C. Emmons and C. H. Carey appeared for Mr. Wickersham and Attorneys G. K. Martin and Roscoe C Nelson represented the Linnton complain ants. Contempt Only Point. The United Railways" answer admitting the facts, the question considered was. whether Mr. Wickersham was in reality in contempt of court. Counsel for the railway asserted that by filing a bond with the court Saturday and announcing Intention of appeal, after the writ of man damus had been served, the order of the court ordering a 5-cent fare was super seded. Counsel for .Mr. Wickersham filed an amended answer previously alleging that there was no intention to disobey the court, but that the railway manager was acting under orders of counsel and on the basis of a principle. Attorney Martin asserted that the mere filing of a bond and the notice of appeal after the service of the writ had no force to stay the writ. He said while the appeal notice stayed any fur ther proceeding in that court, such as obtaining a Judgment for costs, it was not retroactive and could take no effect on the court decisions issued before the appeal was granted. He also con tended that if the writ could not be stayed Mr. Wickersham was in con tempt, and he prayed the court to or der accordingly. In reply to a question by the court. Attorney Martin replied that if the railway company had succeeded in fil ing the stay bond and notice of appeal prior to service of the writ, contempt proceedings could not have been insti tuted. For the railway company. Attorney Em-mons contended that there was a right to appeal from a Judgment in any action, and quoted the Oregon statute defining how appeal may be taken. He said the law had put it into the power of the appellant to stay proceedings by simply filing' a bond. Should the con tention of opposing counsel be upheld in the present proceedings and the rail way company win on appeal, he de clared, the appeal would be a barren victory, for they would lose all the 5 cent pieces that might have been col lected in the meantime. Judge Morrow pointed out there would be a loss, nec essarily, on one slue or the other. Appeal and Stay Contended. Attorney Carey maintained that counsel for the Linnton residents drew a distinction between an order Issued and one about to - be issued. He said that under the Oregon code the effect of an appeal was to suspend Judgment, and that in all the classes of appeal specified in. the code it was plain that filing of appeal was a stay. Attorney Nelson contended that the only course open to the railway com pany was to ask for a suspended judg ment, which they had not done. The Judge, refusing such suspension, noth ing remained to the railway but to obey the order of the court and restore the Linnton fare to 5 cents. As they had not done this, they T-ere evidently in contempt, he said. Defiance Is Denied. Mr. Wickersham's answer to John and Cora Newton's petition to have him cited for contempt of court alleges that he was acting on the advice of his attorney in charging a 10-cent fare from Portland to Linnton. The United Railiways manager says that last Saturday, after Judge Mor row had Issued his peremptory writ of mandamus compelling the railway com pany to give a 5-oent fare, the railway's attorney filed a notice of appeal to the State Supreme Court, and gave a bond to stay the proceedings and the Judgment. Mr. Wlckersham further alleges that in acting on, the advice of his counsel he did not act in defiance of the court, and that further, he did not personally refuse Mr. and Mrs. Newton passage on the company's cars for a 6-cent fare. He declares he did only what was necessary to protect the legal rights of the United Railways Company. Free Sunday excursion. Woodburn Orchard Co.. Henry Bldjr. Both phones. The first taste of crisp, delicious Post Toasties -with cream, is its own good, excuse for a call for more. "The Memory Lingers" Postum Cereal Company, Ltd, Battle Creek, Mich. Fourteen Owls With A single thought animates The Owl's great chain of stores "to put before you goods of the highest quality, at the lowest possible prices." This thought is behind the entire "Owl" organization, with its fourteen big stores. With "The Owl," to think is to act.. That is why you can buy thoroughly dependable goods in The Owl Drug Stores at a big saving. Our retail prices are often as low as the average wholesale prices, and, with our many years of experience and tremendous purchasing power, doesn't it seem sensible to you that we must enjoy great advantages price advantages that we can and DO pass to you? To see and experience is to know. Come today and Saturday just look at the great values we offer you. Seventh and Washington Streets. Pure Drugs Full Weight Regularly 1 Oc Special ... 3-oz. 16-oz. Epsom Salts 70 16-oz. Aqua Ammonia 70 16-oz. Lime Water 70 16-oz. Benzine 70 16-oz. Gasoline 70 16-oz. Alum 70 16-oz. Borax -. . 70 16-oz. Flaxseed 70 16-oz. Ground Flaxseed. .70 16-oz. French Chalk 70 4-oz. Rock Candy 70 3-oz. Cream of Tartar. .70 3-oz. Boracic Acid 70 3-oz. Precip. Chalk 70 2-oz. Camph. Chalk..... 70 2-oz. Chalk and Orris 70 2-oz. Fuller's Earth 70 2- oz. Buhach 70 16-oz. Bicarb, of Soda... .70 3- oz. Rochelle Salts 70 16-oz. Sulphur 7 16-oz. Flake Napthaline. .70 4- oz. Soap Bark 70 1- oz. 2- oz. 1- oz. 2- oz. 1-oz. 1-oz. 1-oz: 1- oz. 3- oz. 2- oz. 3- oz. 3-oz. 3- oz. 4- oz. y2-oz. 4-oz. 2-oz. 2-oz. 16-oz. 8-oz. 1-oz. Hand Mirrors Heavy plate glass, ring han dle, regular 85c Special 63c Jl Hundreds of people are already using this splendid bath soap. Comes J, OCICO n t'le Glycerine, Oatmeal, Elder Flower, Almond and Cocoa. A large, hard-milled, mild soap. This is the best soap value we know of Soap l Oc, Three for 25c WASH CLOTH FREE WITH THREE CAKES Handbags Ladies should not overlook our splendid variety of new Bags. Look at the special prices: Reg. $2.25. $2.50 Bags, $1.67 Reg. $3.25 vals., special, $1.87 Reg. $5 and $5.50, sp'L, $3.87 Reg. $7 and 07.50, sp'L, $4.95 Great Wine and Liquor Specials Old Crow, bottled in bd. $1.05 Duffy's Malt 730 Cedar Creek st't Bourbon S30 Maryland Reserve, full quart of fine old Rye, special: ..$1.13 Hunter Rye, special. .... . .890 Gordon Dry Gin, special, 890 Rock and Rye, for coughs and colds, special 690 Pure Old California Sherry, special ..330 California Port Wine, fine qual ity, special .330 Cedar Creek, bottled in bond, aged 5 years in wood 980 Cedar Creek Rye or Bourbon, full half gallon, special, $1.69 ORIGINAL CUTKATE1 rKTJGGI3TS rtk- end WASHINGTON STS. PORTLAND, ORE. OTHER STORES: SEATTLE, SAN FRANCISCO, OAKLAND, LOS ANGELES. Regularly 25c; Special Tincture Arnica 70 Tincture Benzoin 70 Spirits of Camphor 70 Oil Eucatyptus 70 Camphorated Oil 70 Tincture of Iron. 70 Tincture of Myrrh 70 Sweet Spirits of Nitre 7(0 Essence Pepperment. 7 Rose Water 7 Paregoric 7( Glycerine 7 Rose Water and Glycerine 7 Castor. Oil , 7 Essence Jamaica Ginger Tincture Iodine 7 Chloroform Liniment Carbolic Acid 7J Sulphur and Cream of Tartar Moth Balls Spirits Turpentine Aromatic Spirits Ammonia ifrinfmAriiiirt-Wii.iaMiiiiFKrtii,i- ,1 Suitcases Both leather and Jiatting cases, well made, strong values at $5.00; special Prescriptions t Two things are vital to you in having a prescription filled pure drugs and careful com pounding. You can't afford to take chances it's very .often a matter of life and death. We employ none but regis tered men and use nothing but the purest drugs, and charge you at Owl Cut Rates. Bring your next prescription herej Durham Duplex Safety Razors Shave With a Smile Ask to see the Durham Duplex Safety Razor, the best of the old and the best of the new combined in one the best of all. Sold on a 30 days' free trial. Rubber Goods The Owl not only protects you against high, prices, but with a liberal guarantee on all rubber goods. Regular $1.25 Hot Water Bottles, guaran teed 2 years, special .980 Regular $1.50 Fountain Syringes, guar anteed for 2 years, special $1.23 Regular $1.75 Fountain Syringes, guar- anted for 2 years, special $1.47 Bulb Syringes, heavy bulb and strong tubing, four attachments; regular $1.50, special 980 A Trained Nurse in Attendance at Our Rubber Goods Department. Specials at the Departm't Delicious, fresh Orange Drops See them in the . window, per C pound Fresh Chocolate Figs, dainty, chocolate covered Figs, full poundrjp box, special But a Single Though Miscellaneous Specials Listerine, manufacturer's 25c size, special 140 Hinds' Honey and Almond Cream, special. .. .270 Rubifoam, for the teeth, special 120 Jergen's Violet Gylcerine Soap, regular 10c cake, special 70 Stuart's Charcoal Tablets, manufacturer's 25c size, special ,X5? Harlem Oil, regular 10c bottles, special 50 Mentholatiun, the large size, special . 29? Wampole's Cod Liver Oil, special 670 Pape's Diuretic, special '. 290 Merck's Soda Phosphate, full pound box 12c Horlick's Malted Milk, hospital size, special. $2. 73 Kondon's Catarrh Jelly, 25c size li0 Capillaris . . . 31? Calox Tooth Powder, 2 for 250 Dr. Charles' Flesh Food 250 Swift's Specific, large size, special $1.23 Beecham's Pills, special 120 California Syrup of Figs, the 50c size, special. .290 Mennen's Talcum Powder, special 90 Euthymol Tooth Paste, special 100 1 7c 8-oz. 4-oz. 6-oz. 3- oz. 6-oz. 4- oz. 3- oz. 4- oz. 3-oz. 8-oz. 6-oz. 8-oz. 8-oz. 8-oz. 17 170 17 170 170 170 170 170 i70 170 170 174 170 170 170 170 .170 170 - 70 . 70 - 70 70 ii-OZ. 6-oz. See the splendid assortment in our 'window, solid ACk back, pure bristle Brushes; regular 75c value, sp'l. S7C Tooth Brushes You can't equal this value in a Tooth Brush at any other store. It's unequaled. "The Owl" 25c Tooth Brush is better than those you're often asked 50c for elsewhere. They're guaranteed. If the bristles come out, bring pC back the brush; get another or your money backC 'It The ' ' Rubberset " Rnishns 'w soon - Manicure Scissors A splendid assortment or Henckel s high-grade Scissors; regular $1.25 and $1.50 vals, 98c special .... Candy Tr usses Few stores carry the assortment the Owl does, and our prices are the lowest on the whole Pacific Coast. Elastic Trusses 750 and up. Spring Trusses $1.50 and up. Men and Women Hair Brushes "Rubberset" Sbaving Brushes advertised so widely. They're gnaran teed to hold their bristles. TV'ide as- 50c sortment of grades and sizes. Excel- mm lent values, at 25c, 50c, 75c and up. 3C Ladies' JUT J. COSUlg Combs A fine collection of hand-finished Combs; Ir regular, 75c val., Q special "O V Trunks Tour choice of our $11 and $12 Trunks Special $9.23 Fitters Who Know How. If lit 4