Morning Oregonian. (Portland, Or.) 1861-1937, January 30, 1912, Image 7

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Morning Oregonian., January 30, 1912, Page 7, Image 7

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Newspaper Page TextTHE MOISTOXG OREGOXIA3C. TUESDAY, JANUARY 30, 1912. WOMAN FIGHTS FOR JACKSON COUNTY WOMAN ON TRIAL AT PENDLETON TOR THIRD TIME FOR ALLEGED FORGERY OF WILL. CLERK IS ARRESTED WILL AND LIBERTY ! W. R. Coleman Accused by Finley, Admits Negligence in Handling Funds. Mrs. Mabel Young Warner Is on Trial Third Time for Alleged Forgery. POLITICAL MOVE CHARGED ESTATE BATTLE IS LONG f.'-i ta . . L3 f-f--"--' r w'i mil -p " mm . A !. r.yU For Sis Yr Straggle for Pchws ilna f $30,000 Property In Umatilla County Is' Waged. FItw Wills Appear. PENTLETON. Or.. Jan. 3). Special) By holding a continuous session of court from 1 o'clock until .7. Judga Vi L. Bradshaw forced the attorneys In the case to select a Jury to try Mabel Touna- Warner for the third time on a chance of uttering a forged will to the estate of James TV. Young. The taking of arldunce will be start ed tomorrow mornlnir at o clock. Ke markably good progress waa made In selecting the Jury, as It was generally expected two or three days would be need la this work. None or tne uor tiers SDDearlnc In this case have ap peered In any of the numerous former rases In which Mrs. Warner baa figured. Tried twice before on the asms rharfra she was sared from prison through the failure of either Jury to scree upon a verdict. In the first trial the ballots stood nine to three for cnnTlctlon. The so-called -fourth" will to the es tate of her deceased step-fatheruncle waa recently pronounced a foraery by the State Supreme Court, and previous to that time County Judge GlUlland. to whom the document had been presented for probate, not only declared It to be a forery. but lniated It bad been forged by Mrs. Warner through ami by the connlancs or s. v. unox. a Weston lawyer. and Mrs. Delia Stacey, a former resident of Weston. tmctlt Lews CeatlaaeeU The itrnrrli for poseslon of the tlx. 000 estate left by- the pioneer mill man and merchant of the little town of Weston, commonly known as ths Wsrner-roung will controversy, has been waged In the courts of this county and stats for more than sis .rears. The central figure about whom the battle baa been waged and who at the asms time has been the most unrelent ing of the combatants Is Mrs. Mabel Toung Warner. Already she has spent far more money than the value of the estate for which aha Is fighting, but ana declares she will not give op until aha wins or death puts aa end to the struggle. Altogether four "wills" have made their public appearance under condi tions mora or less mysterious, while a fifth, recently unearthed by detectives In the employ of the accused wo man, la belna; held by her. Three of the four purport to give the estate to Mrs. Warner and while tha esact con tents of the nfth are not known. It also la In her favor. The other one and the only one commonly admitted to be genuine, bears a comparatively ancient date and aires the bulk of the estate to Mrs. Watts, wife of a Weston physician and niece of Young. The remainder of the property Is dis tributed more or less equally among the other heirs. though tha share allotted to Mrs. Warner Is rather slim. Three of the four wills made public are now generally admitted by all con cerned to be forgeries. Mrs. Warner charges they were forged by Pr. Watts for the purpose of casting suspicion against her. while Dr. Watts, who Is leading the fight aga!nt her. alleges they were forged by Mrs. Warner for tha purpose of getting possession of property which she could not obtain legally. The accused woman also de clares the first document which ap peared and which Is the only one ever probated la forgery. There are many residents of this county who knew Toung during his llfet'me who declare tha old man de stroyed his will for the purpose of causing a dispute. The position which Mrs. Warner has held In tha life of J. W. Toung and In the battle which she la waging single handed against tha combined forces of tha other heirs Is decidedly unique. According to tha story told by her. some years after she and her mother iad been deserted by her father, they came from their home In Mlrhlaan to Weston, at the Instance of J. W. i'otinir. her father's brother, to make their homo with him. It was not Ion after their arrival In Oregon that Mabel's mother became the wife of J. W. Toung and Mabel became his step daughter as well as niece. Mabel says he treated her exactly aa though she were bis own child and frequently al luded to her as Ms "boy.- his pet name for her being Tom." Seeu-rk f-.vWll Made. When Toung died Mrs. Wsrner was In Spokane. She came to Weston to take up the search for tha will. In .v v. 5-. MRS. MABEL TOO'O WARNER, Vt INDIA COSTITME. and County Judge Gllllland not only decided the will was not entitled to be admitted to probate, but pronounced It forgery. Thla opinion waa reversed by Circuit Judge Bean, who la now a member of the Supreme Court, which recently reversed him and sustained the decision of the probate Judge that the will waa a forgery. This decision waa rendered by the court last Fall, and not many days thereafter a "fifth" will waa unearthed at Weston by Mrs. Warner's detectives which also purported to give the estate to her. No effort waa ever made to probate it. Judge H- J. Bean, of the State Supreme Court. Is nsmed aa one of the witnesses but denies ever having witnessed a will for Mr. Toung. Tha I'matilla County grand Jury was convened In regular session, not long after the reports of the "fifth" will were noised about, and thla body In vestigated the circumstances surround Ing the "fourth" one. A true bill wai returned, charging Mrs. Warner with forging the document. This Is the trial which started this morning. According to Mrs. Warner three at tempts have been made on her Ufa during tha years the struggle has been In progresa. BANKER GAINS STAY Court Aids Bellingham Official to Keep Freedom. SHERIFF'S PLAN BLOCKED BUM CHARGE FACED MAX ARRESTED AT THE DAIXES ADMITS TWO MARRIAGES. Letter From First Wife Found in Hotel at Oregon City Fastens Suspicion on It. Hyland. OREGON CITT. Or Jan. 19. (Spe cial.) Richard Hyland. a young man who waa married here November 3. waa brought to Oregon City tonight by Deputy Sheriff Miles from The Dalles. where he was arrested on a charge of bigamy. The evidence against tha prisoner was obtained by Chief of Po ke Shaw, who got his first clew from a letter which Hyland left In a room which he occupied here. The young man came here In October with Elsie Wllhelm. of Albany, and the Chief waa notified that the couple were not mar tha progress of this search she asked , ried. He arrested Hvland. but Informed permission of B. B. Hall, adralnlstra- him the charge would be dismissed If tor of the estate, to look through the I he would marry the girl. Tha cere- dox containing tne young papers and i mony waa performed the same day by kept la the Farmers Bank of Weston, of which Hall waa the cashier. It was while Hall was showing her these papers that she "discovered" the "sec ond" will to the estate. Hall has al ways maintained that Mra. Warner slipped the envelope, containing the document. Into tha box. while his back was turned. Mrs. Warner was accom panted by her brother and by her hus band. After It was found this document was undoubtedly a, forgery, a "third" alleged will made Ita mysterious appearance. Thla came throush the mall to Attor ney Charles H. Carter, of this city, at that time counsel for Mra Warner. In atead of offering It for probate Carter held It In his possession until compelled by the District Attorney to produce the document. The -will" was shown to the grand Jury and Mrs. Warner waa Indicted and twice tried for It. forg ery. Meanwhi: Mra Warner had Insti tuted a civil suit to compel the fulfill ment of aa alleged contract, which Toung had made with Mra Warner's mother to the effect that if Mra Vonn would not sue him for alimony and would leave Mabel with him he would make the girl his belr. roank Will Assnm. The dismissal of the forgery Indict ment against her and the decision In the civil suit were both In the Fall or 101. No more wills appeared until December 1. los. when Mra. Warner Justice of the Peace Samson, and a few daya later Hyland and hla brlda left the city. In looking through the room vacated by the couple tha landlady found a letter which aba turned over to Chief Shaw. It was written by a woman liv ing In Chlco, Cat. and began "My Dear Husband." It waa signed "Your Darling Wife." Shaw wrote to the Chief of Police In Chlco. who replied that Hy land bad married a 17-year-old girl In Albany. May 17. 1911. Tha young wife, be wrote, waa living with her parenta. Chief Shaw learned that tha coupla had gone from hero to Hardman. Mor row County, and wrote J. C Hayes. Sheriff of that county, to arrest tha man. Hayea found Hyland and hla bride In The Dalles, and so Informed Chief Shaw. Shaw obtained an affi davit that Hyland and Alveretta Wers were married In Albany May 17, and swore out a warrant against Hyland charging him with bigamy. The war rant waa given to Deputy Sheriff Miles, who went to The Dalles and got the prisoner. "It's all up with ma; It's tha pen for mine for two or threo yeare," aald his prisoner when arrested. Ha admits he waa not divorced when ha married bla aecond wife. Search for IWxiy Futile. OREGON C1TT. Or, claL) Hugh Brady. Jan. S9. Spe- Portland diver. received a mysterious package from l made a futile aearch Monday for tha Walla Walla. Tbla contained an old I body of Paul Flatt. tha -year-old boy. pocicei noiroooK oi lounga ia tha noteoooa waa tne alleged "fourth" will. It purported to give the bulk of the Young estate to Mra Warner. And It ia with the forgery of thla document that Mrs. Wsrner Is now charged and for whlrb she Is being tried. In due course of time Mrs. Warner offered the alleged will for probate. This will wss Immediately contested. who slipped under the railing on th walk between thla city and Canemah Into tha river. Brady will continue tha aearch tomorrow. Tha boy's mother, who wss with her son when he fell from the walk, la still In a serious con dition. The father. O. T. Tlatt. who la employed In Providence. R. I, tele graphed today that ha would arrive here Monday. Judge at Colfax Hurriedly Convenes Court and Issues Writ of Habeas Corpus Delaying Trip to Penitentiary. COLFAX. Wash.. Jan. 19. Efforts of Deputy Sheriff Flannlgan, of Belllng- nam, to lane Harry J. Welty. ex-preal- dent of the Horns Security Bank, of tsciiingnam. to the penitentiary at tvaua aiia Sunday railed. Welty, whose parents reside at Colfax, has Deen here since being convicted of re celvlng deposits after his bank at Bel lingham was Insolvent. Welty is fight ing on the ground that one of the jurors had been insane before the trial and was again committed to the asylum aiier nis trial. The Supreme Court refused Welty a new trial, ana Saturday night Deputy pnenir. M. . r iannigan. of Bellingham arrived at Colfax and registered at the hotel aa Fleming. He requested Sheriff Carter to have Welty come to the oneriiri office yesterday. Flannlgan then Informed Welty he was to be taken to Walla Walla on the next train, leaving in so minutes. Flannlgan Loaea Way. The Sheriff's office was asked to nasten court onricers to the Courthouse, ana juueb -eiu convened court wnue flannlgan and Welty pro ceeded to the depot. Flannlgan. unfamiliar with Colfax streets, lost his way entering the switch yards, and. finding that he was lost, he asked Welty to pilot blm to the depot, which the latter did. reaching the depot as the train pulled In, only to meet Dep uty Sheriff Cole and the Coroner with a writ of habeaa corpus, ground out by the Sunday court, granting Welty a bearing at Colfax February 15. Attorney Charles Hill aided Welty, who Is also a lawyer. A bond for 110.000 was given by Pullman and Colfax frlenda. . Welty was convicted of wrecking the Homo Securities Bank, of Bellingham, more than two years sgo. and haa fought his conviction through every court, finally losing in tha Supreme Court a few weeks ago. Welty Coadacts Owa Defense. Since conviction Welty haa been practicing law and la conducting his own defense. Welty had agreed to surrender him self to the Warden at Walla Walla on losing in the Supremo Court, but failed to do so and the commitment waa Issued. W. D. Out man. who succeeded Welty aa president of the bank, pleaded guilty to a similar charge Saturdav. January 17, and was fined 12500, and costs. Warden Declares He Will Not Pros ecute if Delinquent Money Re ceived foV Game and Fish Xdoenses Is Paid at Once. MEDFORD. Or., Jan. 29. (Special.) W. R. Coleman. County Clerk of Jack son County, was arrested tonight on the charge of not having turned over the receipts from county game and anglers' licenses, amounting to about f 10,000. to State Treasurer Kay. Tha warrant was Issued by District Attor ney Mulkey, on complaint of W. I. Finley, State Game Warden, who ar rived In Medford this morning, with several deputies and an expert ac countant, to investigate the complaints. Investigation showed that 3740 li censes In 1910 and 6414 In 1911 had been Issued, while the last license money paid In by the County Clerk was 13025, on February 15, 1910, for the re ceipts of 1909. In explanation County Clerk Cole man declared that he had not remitted to the State Treasurer simply because the press of business and the Inade quate force at his command had mads It impossible for him to check up the accounts to date. letter tlrs-e Attention. Hs admitted he had received a letter from Warden Finley on October 14 re garding his delinquency, and had been Intending to answer It ever since, but that this, with other things, had been forgotten in tha press of work. Before his arrest Mr. Coleman wrote out a check for (3720 for the receipts of 1910 and 16000 aa an approximation of the receipts of 1911 and sent them to the State Treasurer. This sum Is H6 short of the amount due. according to Game Warden Finley. He showed no concern when arrested and arranged to meet Constable Singler, who served the warrant at bis residence In Jack sonville. - Negllgeace Is Admitted. "I plead guilty of negligence." said he. "and nothing else. The fees from licenses have been on deposit In Med ford and Jacksonville banks and I have not benefited from them in any way. The bank recor.'s will show there has been no Interest taken or checks drawn. I have nothing to hide, and when the matter Is sifted out the pub llo will find that, while I have been negligent In this particular case, I have not taken a cent of tha county's money. I never have and I never will." According to Mr. Coleman's friends the arrest la simply a political move on the part of his enemies In the county who oppose his candidacy for County Judge. State Warden Finley, on the other hand, says the action has noth ing to do with politics. All he asks Is that the County Clerk pay the state the 1 money. He declares he win not prose cute if this Is done. A hearing haa been set before Jus tice of the Peace Taylor tomorrow morning at 9 o'clock. ia yr The Addition with Character . &i V HI ra . I tu 13 We want every man in Portland who is living in a rented house, but who has managed, in spite of this handicap, to save a few hundred dollars, to come to our ofice and we will tell him how to convert his monthly rent check from a liability into an asset. We have a plan to help you get a home in 11 Laurelhurst, that will appeal to you, and you don't have to have a great ip deal of money, either. In Laurelhurst you will have everything in the way of improvements that civilized man requires. All there now, ready for you. A home with such an environment is a real home. In selecting a site for your home, there are two important considera tions that must be borne in mind. One is to choose a desirable place to live, and the other is to make a good investment. So don't overlook the invest ment feature, because it is of vital importance. t,-i C3 K3 We again call your attention to the fact that we are soon going to dis ci .ATifinnfl tiiA TioTne-builders' discount, now in force in Laurelhurst. This H means that lots that now sell for $850 will be restored to the list price of - - . a . a . w . m ES $1000. Take advantage of this discount while you can; it won't last long. Sad g MEAD & MURPHY, Sales Agents E a PHONES: MAIN 1503, A 1D15 uuKJ3i J.x i$uij-.jjijnu- .SUSHIS HARBOR BONDS PROPOSED TONS OF STONE WILL MOVE Powder Is Being Set for Big Blast at Hercules Quarries. CEN'TR ALT A. Wash.. Jan. i9. (Spe cial.) Everything la expected to be ready for the big blast In Tenlno by the last or February, at which time nearly 1.000.000 tons of sandstone will be broken up by a single charge of two carloada of black powder at ths Her cules quarries. One of the two tunnels In which the powder will be packed, baa already been completed and the other, together with the cross cut tunnels, will be ready by February IS. Tenlno Is preparing to entertain thousands of visitors on the day of the blast. Seattle Port Commission Wants People to Vote $3,000,000. CWITTT.F TX'o -i Tan 9ft TK fiAt tfe Port Commission decided today to submit a $3,000,000 harbor bond issue to the voters at the March election to provide money to acquire land and build six ocean piers, as the Initial step In the development of a $7,500,000 ocean terminal on Harbor Island. The meeting was enlivened by the resignation of Scott C. Calhoun, counsel for the Commission, who declared that tha Commlsioners had repudiated his work when they announced their inten tion of altering a tentative contract drawn by Mr. Calhoun with a Now York syndicate that la to operate the terminal. The syndicate Is headed by R. F. Ayers, formerly vice-president of the Bush Terminal Company, Brooklyn, and Paul Starrett, president of the Fuller Construction Company. The contract provided that the Port of Seattle expend $5,000,000, the terminal company to Invest $3,500,000 In addi tional Improvements. After Mr. Calhoun left the meeting, II. M. Chittenden, chairman of the com mittee, declared he had asked for Mr. Calhoun's resignation three days ago. The Commissioners said they would continue negotiations with. the Eastern syndicate, and said they would appoint Harold Preston -to Mr. Calhoun's place. - At the opening of the present muni cipal campaign. Mr. Calhoun was urged to run for Mayor, but declined because he wished to carry through the harbor development. PUBLIC PLACES CLOSED Smallpox Epidemic in Kellogg AN tains Serious Proportions. KELLOGG, Idaho, Jan. 29. Every church, theater, picture show, dance and other place of publlo gathering In Kellogg was ordered closed last night by order of City Health Officer Mason, and announcement was made that the publlo achools likewise will be closed, on account of smallpox. A large number of cases have devel oped In Kellogg In tha last few days. Many hundreds of others feared, due to exposure of men In the mines, where large numbers are employed. orders for vaccination are being compiled with. SALOONS HIT UNION union ia because other union men in the city patronized so-called "scab" houses and would not stand by the union saloon. Some of the saloon men verify this assertion. Salem Bartenders Are Denied Increase in Wages. "OPEN-SHOP" IS POLICY Land Show Brings Buyers. COTTAGE GROVE. Or, Jan. 29. (Special.) N. E. Compton has received word that his uncle, A. E. Compton, a prominent cattle and commlsalon man of Omaha, Neb, and a party of 20 oth ers are making plans to look ever the Cottage Grove country with a view to nurchaslna land. The men were at tracted to this section of the country I by the wonderful exhibit made by the Willamette Valley at the Omaha land show. Five Place9 Take Down Signs and Others Mar Follow Employes Divided and Organization Slay Be Disrupted. SALEM. Or., Jan. 29. (Special.) The recent demand of the Salem Bar tenders' Union to raise the wage scale to $78 a month, coming along with an increase in the saloon license charge from $600 to $900 a year, resulted to day in five saloons taking down their union signs and repudiating the or ganization. Owners of others declare they will fol'ow. The action means either a strike or disruption of the union, the members say. Wess Perry, president of the union, demanded a withdrawal card from Sec. retary Waldo Miller today, but was refused. Others also demanded with drawals, but were likewise refused. The general sentiment seems to be against a strike, although one bar tender quit work today, supposedly due to the present troubles. The saloon men Insist they are paying adequate wages and say they believe that if all the men should quit their: places would be rapidly refilled. Many of the bar tenders say they are satisfied with their wages. From the general tenor of statements, however, there seems no likelihood of others quitting, but the future of the union seems to be In jeopardy. There are 15 saloons here. Barten ders declare that the reason why sa loonmen refuse to stand by the Salem BELLEROPHON IS ASHORE Liner Sailing1 From Seattle Grounds in River Mersey. SEATTLE, Wash., Jan. 29. A cable gram to the Merchants Exchange from Liverpool says the Blue Funnel liner Bellerophon. which sailed from Seattle for Liverpool, via the Orient, November 1, is ashore in the River Mersey on her way into Liverpool, The Bellerophon carried a cargo of 13,000 tons when she left here, hut dls- Scientific Wrinkle Remover Easily Made (From Ladles' Favorite Magazine.) A few dermatologists have long held the secret that a certain product, known to the drug trade as saxolite, had the property when used In solution, of ln- ; stantly reducing wrinkles. Any one can readily make this same solution by dis solving an ounce of powdered saxolite In a half pint of v. itch hazel. Bathe the face In this and note the Immediate transformation! The skin tightens, be comes firmer deepest wrinkles at once begin to smooth out. This action will of course also reduce hanging cheeks or double chin. When the hands show signs of aging, the skin becoming coarse, creased or flabby, bathe them In the , solution. Since the recent publication of this formula, men and women all over the country have taken advantage of the Information, according to reports, with most satisfactory results. Adv. charged 4000 tons in the Orient. In .cluded in the American consignment still aboard the steamer are 120,000 cases of salmon for Liverpool, 200 tons of copper from Tacoma for Genoa, Italy; 1000 tons of box shooks and 100,000 feet of lumber for Liverpool. BEST DENTAL WORK ' fit vw Good Tto&d Movement Begun. COTTAGE GROVE, Or., Jan. 29. (Special.) Discussion of - a good roads association and efforts to secure good roads In all directions from Cottage Grove was thoroughly gone Into at this week's meeting of the Commercial Club. Special committees were appoint ed, one to interview the County Com missioners and one to lay plans for a good roads association. w The fir That Nature M M Gave To Yoo Wfl f CARMENV r v.-"'." zz. xvr lrv a wtmnitur. ran, uctj. r.mwi maintain 11" oeiifinuui taTTaa mn.l yot, rot-m""" . .. - ..... ... rl nf lninnnff It. . - vrfc MaS md Orm. toiia 60 mu. Carmen Cold Cream soothes and anf torn Irritated. xoajcb awn .nxni and DAO-cucar. . StaBwa-MloT Cs, i . S15 ODrc SU . 5t. Loair, , Uniform Wjffl Excellence Wf coines n every p Iff bottle bearing y (( the triangular lr- S I Bill label. Just re member this P and order Elatz. Thm FTnmut Sao Swm Brmwmd" Im. rJ. a , ' X UiMiannnWiin . Rothschild Bros. 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Others are imitations. You Can Prevent Infection of All Kinds by mini TYREE'S ANTISEPTIC POWDER. AbM 1bi.It bvmlcu. Killsermot.lldUae.. Neither bvini oar Irritate, lb. most delict. tlMne. or membrane. CepMiallr valuable In tha curing of aloer. of all kind.. Uneaualed a a dooche. For U mocou. memhranfti. Diatolvea Instantly la water. Phriiciana all over the world been pra aeriblng It for to rears. 2i cent pmckafe make t gellona atandard aotauon. TYREE'S Antiseptic Powder Sold by dmtf Uts ovwrywhera. ASK YOUR DOCTOR or send for booklet. J. S. TTKEE, Chemist, Wtikin.taa, D. C