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