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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 13, 1914)
lO TIIE 3IORXINO OREGONIAN, TUESDAY, JANUARY 13, 1914. 6ERLIH6ER SUIT SOON UP TO JURY Bench Warrant Issued for Ar rest of Mrs. Gerlinger's Former Husband. LLOYD BREED SOUGHT, TOO Whether Case Will Go to Twelve Men by Tonight Is Doubted, All De pending on Length of Lawyers' Arguments Frank Testifies. After a long day in court, the de fense in the $50,000 breach of promise suit of Mrs. Gertrude Gerlinger agralnst Lloyd Frank, which has been on trial in Judge Davis' courtroom since last Tuesday, rested its case late yester day. Whether the case will be in shape for the Jury by tonight is doubtful. Jt depends considerably on the length of the arguments of the opposing lawyers, as the rebuttal testimony in behalf of Mrs. Gerlinger probably will be com pleted this morning. Mrs. Gerlinger, the first witness in rebuttal, gave her testimony before court adjourned. Her former husband, Edward Ger linger, also was called by Arthur Moul ton, her attorney, but he could not be found. A bench warrant for his arrest was issued by Judge Davis. The de fense has a bench warrant out for Lloyd Breed, who is regarded as an im portant witness. Mr. Breed has been missing since last Thursday, but was said yesterday to have been located. J.loyd Frink on Stand. On the witness stand most of the day In his own behalf Lloyd Frank told his ride of the story of his relations with Mrs. Gertrude Gerlinger. Mr. Frank denied emphatically that he had ever asked Mrs. Gerlinger . to marry him at any time. He said he had never even discussed marriage with her. He explained that he first met her about October, 1909, when she came into his store and asked him to buy three or four tags for the Baby Home. lie said that he did so, but was sur prlKed at the time when she remarked that she had had particular success in pel line- tags In saloons. Later, he test ifled, she rang him up by telephone, came into the store often on different pretexts, such as getting him to O. K. checks for her, and assiduously culti vated his acquaintance. In fact, he asserted positively all tlio advances were made by her and not by him. He declared that he was naturally backward and retiring, and that their acquaintance never would have been more than a casual one had it not been for her urglngs. Invitation to Return Given. In this connection he told of having gone to her house soon after the first meeting, to a party, by her Invitation. He said she asked him to return that night after the other guests had de parted, but that he- refused to do so. He went the next night. He said that he had visited Mrs. Ger linger about three times at her home on Raleigh street and probably six or even times in'Irvington in their en tire acquaintance. He was positive in the assertion that from December, 1909, or January 1910, and his return from Europe in 1912 he had not visited her at any time, though he had seen her after that. He said he had broken off tlielr relations in this period after learning by accident that she was mar ried. When he first became acquainted with Mrs. Gerlinger, he testified, he lld not know that she was married. Ho declared that he had no knowledge tiiat she was at that time the wife ot Kdward Gerlinger, from whom she later obtained a divorce, until after his sec ond visit, when he heard one of the children crying. No Promise of Marriage Given. "Did you ever promise to marry Mrs. Gerlinger?" asked George Joseph, his attorney. "No." "Did you ever have any conversation with her in regard to marriage?" "No. I never in my whole acquaint ance with her talked about marriage," replied Mr. Frank. The flrst he knew that he was alleged to have promised to marry her, he continued, was when the suit against him was filed. "You gave her this box of candy?" queried Mr. Joseph. Indicating a red heart-shaped box which is one of the exhibits in the case. "Yes." "To My Valentine," Explained. Mr. Joseph took from the box a card and read the words on it: "To my "Valentine." Mr. Frank said the senti ment was in his handwriting, but ex plained that he had sent it because of a valentine book she had sent him. "Did you ever give her any other presents?" "I gave her a purse," said Mr. Frank. He asserted that she had said she wanted a purse for Christmas, and that be personally had selected one to give her. He found that In the meantime she had bought a purse herself, so he directed her to return it, and gave her the one he had selected. "Anything else?" asked Mr. Joseph. "I gave her a bed," said Mr. Frank. Mrs. Gerlinger at that time was furnish, lug her Irvington house, he said, and wanted the bed to match other fur nishings, and he gave it to her. He had at other times, he explained, given her candy, and believed that he had once sent her some flowers, but no other presents. Divorce Talk Denied. He denied emphatically ever having told her she would better get a divorce while he was in Kurope. "I hadn't been to see her since early in 1910 and this was 1912, so I couldn't iiavs done that." he said. Of her assertion earlier in the trial that he had promised to buy furniture for her home, he made a direct denial. He said he had shown furniture to her end tried to sell it to her, but that aside from the bed, he had not given her any furniture nor offered to give lie.r any. Mr. Frank declared also that he had taken pains not to be seen in public with Mrs. Gerlinger. Under cross-examination. Mr. Frank was kept on the stand by Attorney Moulton, for Mrs. Gerlinger. about two hours and a half. Mr. Moulton questioned him about . rn Incident when Mrs. Gerlinger had bought some pajamas at the store, the pajamas, so it was alleged, being In tended for Mr. Frank. I'r jama Incident Recalled. The witness said that this had oc curred shortly after their first meeting. Mrs. Gerlinger, he bald, came in the store, selected a pair of pajamas, then called him over and sked him If they would fit him. He gave her his size. and she took the pajamas. It was that same night, Mr. Frank believed, that Mrs. Gerlinger had met hlrn at the front door of her flat, at tired in a pink kimono. It was also that night, he said, that he first learned through hearing one of the children cry that she was married to Edward Gerlinger, then absent in the East. He had visited her after that, he ad mitted, but not many times before he ceased calling, not to renew the inti macy until 1912. He said he did this because he thought it was wrong to see her. Mr. Moulton pressed for details re garding the present of the bed. "What was your idea In giving her that bed"" he quizzed. "Because she wanted it to match up with other furniture." Bed Given as Present. Ho explained that he gave her a choice of the bed or a couch, that she took the bed, and that he made her a present of it. "Didn't you pay 'oti were going to give her other furniture?" "I did not." In explanation. Mr. Frank said that the furniture in Mrs. Gerlinger's house was "old and decrepit," and that he had showed her other furniture that she ought to have in order to have a tastily furnished house. He said he had tried co sell the furniture to her. "What was this bed worth?" persist ed Mr. Moulton. Mr. fcrank replied that the bed was worth about $60 retail, and the mat tress and springs probably $35 addi tional the retail value of the outfit being- about $100. "Did you ever call her sweetheart?" inquired Mr. Moulton a few minutes later. "Never while anybody was present." "Well, did you ever call her sweet heart at any time?" "Sweetheart" Not Rcmemlierei. "I might have. It would be a natural thing that 1 should, but 1 don't remem jer ever having done so." "Did you ever tell Mrs. Gerlinger that you loved her?" was another query. "I might have said it." "Well, will you say that you didn't say it? "No; I might have said it. I don't remember saying it. Mr. Frank positively repeated, how ever, to other questions his previous statement that , never at any time in their association had he even suggest ed marriage to Mrs. Gerlinger, or thought of marriage. He denied having told Mrs. Gerlin ger at the time he gave her the purse to have her name "Gertrude" engraved on one side of it, leaving the other side blank for his name, or that he had said anything at any time about giving her an engagement ring. Mr. Frank's cross-examination ended at 3:15 o'clock. Railroad Man Im Witness. The first witness of the day was A. G. Brown, chief clerk in the passenger department of the O.-W. It, & N. Com pany. Mr. Brown was put on the stand to show by his records that Mrs. Ger linger on her trip to Astoria last March had occupied Stateroom No. 3 with a traveling salesman named Fourtlouis, who had testified to that effect last week. J. Allen Harrison, vice-president affd general manager of the Vancouver Transportation Company, was another witness. He produced records to show that on the return from Astoria Mrs. Gerlinger occupied room 21 -on the steamer Lurllne with Mr. Fourtlouis. Russell Smith, a real estate dealer, was called by the defense to testify to having seen Mrs. Gerlinger In road houses in 1909. Mr. Smith became con fused about the date, however, and said it might not have been until 1910, or even 1911. R, W. Hagood was called to testify to conversations he said he had had with Mrs. Gerlinger on the Astoria train. He asserted that he had known her as a small girl in Birmingham, Ala, Mrs. Gerlinger Doubted Trial. He said the trial had been discussed on the train, and that she had re marked, after some discussion, that the case would never be brought to trial, and that she would be paid to keep it out of court. On cross-examination, another meet ing in the Portland Hotel with Mrs. Gerlinger was brought out. Mr. Ha good said he had told Mrs. Gerlinger she was up against a very bad game. He admitted having had a talk witn Mr. Joseph, attorney for Lloyd Frank, prior to the meeting, but said Mr Joseph had not asked him to fcee Mrs Gerlinger. What was your real reason for go ing to see her?" asked Mr. Joseph, on re-dtrect examination. Mr. Hagood replied that It was be cause he hated to see her get "in bad Detective Is Recalled. Frank L. Staton,- the detective who listened at the dictaphone In Mrs. Ger linger's apartment, was recalled by At torney Moulton for further question ing. Asked if he had not been indicted while on the police force in Oklahoma City, Mr. Staton said he had. He de clared that the indictment had been brought against him for his activity in having had the Chief of Police and other city and county officials in dieted, and that the charge against him of receiving stolen goods was trumped up. The Indictment later was dis missed, he asserted. Lloyd Breed, called as a witness. could not be found, and a bench war rant was issued for him. The defense then rested its case, subject to intro ducing Mr. Breed's testimony when he is found by the Sheriff. The first witness called for by Mr. Moulton on rebuttal testimony- was Edward Gerlinger, former husband of Mrs. Gerlinger. He, too, was absent. Judge Davis directed that a bench war rant be issued for him. The remainder of the afternoon was taken up for the most part by wrangling between the attorneys as to what Mrs. Gerlinger might testify to in rebuttal. Judge Uavis upheld most of the objections made by Mr. Frank's at torneys on the ground that the ques tions asked of the witness were reitera tion of testimony already given by her. Mrs. Gerlinger denied that Mr. Hagood had known her as a girl in Birmingham, or that she had been ac quainted with him prior to a few months ago. She asserted that there had been no conversation relative to the trial, on the Astoria train, nor any until the meeting at the Portland Hotel. She declared that Mr. Hagood told her then. In attempting to dis suade her from pressing the suit, that the defense was wealthy and would ruin her life and the lives of her chil dren if she did not withdraw it. SQUABBLE BREAKS UP GAME Portland Academy Defeated, 2 7 to 6, by Jewish Boys' Club. Playing better than was expected, the Portland Academy basketball team was defeated by the fast Jewish Boys' Athletic Club five by a 27-to-6 score last night on the academy floor. The game was cut short three minutes be cause a player from each team became engaged in an argument, and when Umpire Lee put both men off the floor more wrangling resulted and the game could not progress. As soon as the game was called some one turned out the lights, but luckily a general mix up was averted and the spectators did not take sides with either team, and no blows were struck. I'"or the winners "W'eiser was the high scorer, making 15 points for his team. Layton featured for the academy team. Nate Colin refereed and P. W. Lee umpired. The lineup: Jewish Boys (27) Portland Acfl'v (6 er-hwartz, Gevurts. .F. . . Wasner Goldstone ........ .F. .. Stelver. Ross Welser . .C. ... .Layton. Peterson Welnsteln G..Wilmot, Schoenberg Gilbert, : Cohn .Q Coe Students of Hopkins Academy, Hadtey. Mass., learn to work concrete as a regular part of their course in agriculture. ELECTION LAW IS CITED FOR PUBLIC County Clerk Coffey Prepares Syllabus Covering Primary and General Election. FILING PROVISIONS SET OUT Xumber of Xames and Representa tion of Precincts Required toy Can didates of Each. Party Is Shown In. Detail. For the general Information of voters and candidates. County Clerk Coffey has prepared a syllabus of the state election laws covering both the pri maries In May and the general elec tion next November. In regard to can. didates' petitions the old precincts are still In effect, the law requiring that the registration of the ilast general election shall prevail. The tabulation prepared by Mr. Coffey follows; Primary. January 5 Opening of registration. May 1 Last day to register for pri mary election. April 15 Last day to file petitions for nominations for county and dis trict offices. May 15 Primary election (Polls open from 8 A. M, to 8 P. M.. May 30 Last day for candidates to file statement of expenses. All candi dates must file their declaration before circulating their petitions, and all candidates elected must file their ac ceptance with certificate of nomination. General Election. May 20 Opening cf registration books. September 25 Last day to file cer tificate of nomination . by political party or assembly for county and dis trict. October 9 Last day to file certificate of nomination by individual electors for county, district and precinct. October 5 Last day to file petition for local option election. October 18 Last day to register. November 3 General election (Polls open from 8 A. M. to 8 P. M.). November 18 Last day for candi dates for candidates to file statement of expenditures. All candidates must file their ac ceptance with certificate of nomination. Filing Provisions Given. All nominating petitions and notices pertaining to candidates for the office of delegate to a party National con vention, elector of President or Vice President of the United States, United States Senator in Congress, Represen tative in Congress, Governor, Secretary of State. State Treasurer. J.ustice of the Supreme Court, Attorney-General, Superintendent of Public Instruction. State Printer, State Engineer, Dairy and Food Commissioner. Commissioner of the Bureau of Labor Statistics and Inspector of Factories and Workshops, Commissioner of the Railroad Commis sion of Oregon, Superintendent of a Water Division, Judge of the Circuit Court. District or Prosecuting Attor ney, State Senator or Representative in Legislative Assembly, or other of fice to be voted for in the state at large, or in a district composed of one or more counties, shall be filed with the Secretary of State not less than 35 days before the primary election. The number of names and precincts required for a candidate's petition fol lows: Republicans and Progressives. Prec'ts Names Prec'ts. Tot'l No. Rea'd. Hea d. County . ...1U3 Portland District 172 St. . Johns District.... 7 Multnomah District.. 10 Democrats. 33 8 304 13 11 County 193 232 89 Portland District 172 85 St. Johns District 7 6 2 Multnomah District . . 10 S 2 New Bills Open at the Vaudeville Houses Orphenm. EXCELLENT entertainment through out is the new Orpheum bill. Frances Cameron, of "Merry Widow" memory, a dark, vividly colorful creature of song and dance and smiles, takes the topllne honors, along with her partner, Walter Lawrence, In "A Bit of Broadway." It's made up mostly of bits of the waltz themes from the musical comedy and opera bouffe successes of the past three seasons. Miss Cameron has a beautiful voice and makes herself one with the audience. Mr. Lawrence runs to Irish songs, and has one medley made up of the old classics. The set of the act is outside the stage door of a metropolitan theater, and one of the" novelties of the Interchange of chatter is that both use their own names and introduce the songs as a sort of rehearsal. Their offering Is truly of high caliber and wholly ar tistic An act everybody went crazy over Is that of Cummings and Gladyings. Tou almost want to call it comings and go ings, for they do that most of the time. Both are talented terpslchoreans. Mr. Cummings has a ditty about all the drinks. of all the nations, and Miss Gladyings, who is remarkably slender and pretty and dresses in girlish, dainty frocks, warbles also. They wind up with an Arabian tango. James Hughes, "Jim" Smith and Marie Brandon have a hodgepodge of mirth and melody, and all of It is non sensically funny. Little Miss Brandon rags and pirouettes on her toes, and with Cook burlesques the Apache dance alarmingly acrobatically. The two men dress as hobos in evening attire. One of their excellent bits of comedy is a travestied sharp-shooting exhibition. The act is a great laugh-getter. "The Double Cross" is the name of the sketch, a comedy-melodrama writ ten by Will Irwin and Ralph Renaud, the latter dramatic editor on a San Francisco paper. Four men engage ac tively in the development of this keen playlet. It's one of the sort that keeps you guessing who is being double crossed until its over with a smashing climax. Paul Conchas and Julius Neuman get away from the beaten track of heavy weight lifting in an act called "Achilles and Patrocles." Opening the bill are the Ioleen Sis ters, over-plump sharpshooters on the wire. A quartet of talented equilibrists, the Perez family, end the tlll. Empress. ARCHIE GOODALL, a former foot ball hero and renowned athlete, heads the bill at the Empress this week in a thrilling act, "Walking the Hoop." This is one of the most remark able features ever presented upon a vaudeville stage and has been a suc cess in all parts of the world wher ever Goodall has appeared. The hoop is an enormous affair and is studded jrith multi-colored electric lights. Defy BSood Disorder BY Giving tiis Blood an Effective Bath The word Medicine" Is one f th most abused in our language. There are certain medicinal properties Just as necessary to health as the food wo eat. Take, for example, the well known medicine, S. S. S. This famous blood purifier contains medicinal com ponents Just as vital and essential to healthy blood as the elements of wheat, roast beef, the fats and the sugars that make up our daily ration. As a matter of fact, there is one ingredient in S. S. S. which serves the active purpose of stimulating each, cellular part of the body to the healthy and Judicious selection of Its own essential nutriment. That is why It regenerates the blood supply; why it has such a tremendous influ ence In overcoming Rheumatism, Ca tarrh of the Stomach and Intestines, skin eruptions and all blood troubles. And la regenerating the tissues 8. S. S. has a rapid and positive antidotal effect cpoa all those irritating influences that cause sore throat, weak eyes, loss of weight, thin, pale cheeks and that weariness of muscle and nerre that leads so many people into the dangerous path of stimulants and narcotics. Get a bottle of S. S. S. at- any drug store, and In a few days yon will feel bright and energetic S. S. S. is prepared only in the laboratory of The Swift Specific Co., 303 r.w'.ft Bldg., Atlanta, Ga., who maintain a Tery eO clent adTisory department where all who nan any blood disorder of a stubborn nature ma; consult freely. S. S. R. is sold everywhere by drug: stores, department and general stores. Don't permit anyone to sell you a substitute, "naist upon S. S. ,3. Goodall walks around the inside of this hoop and when ,at the. top with head downward, he performs marvelous feats of strength. Three other persons assist in the act and all are wonders as gymnasts. A classic playlet written by Ezra Kendall and presented by Mr. and Mrs. Perkins Fisher is a gem. It teems with quaint dialogue and dry humor. "The Half Way House" is the title of the offering. The scene is laid in a country inn where guests are de cidedly Infrequent. but native wit abounds. "At the Camp" is given by three Jolly chaps who call themselves the Three Musketeers. One Is the thinnest man on record, another "dolls up" to repre sent a flashily dressed woman, the other sings exceptionally well. All are clever fellows and get their share of the heartiest kind of applause. Dave Ferguson, a bright entertainer, a singer of gingery songs, is another of the many fine attractions that the Empress management is presenting. His get-off on the boy who recited "The Charge of the Light Brigade" Is a scream. Price and Price are star performers on trap and rings. The woman - is beautiful and shapely and both are agile and skillful. The - movies depict famous person ages and events in all parts of the world and the music adds to the gen eral attraction of the bill. Lyric DDLLIES are always Interesting, but "The Follies," a charming little mu sical satire that is being played at the Lyric this week, will be found unusu ally interesting, for they Introduce lots of good, clean comedy, real fun, beau tiful girls, good acting, elaborate cos tuming and stage setting and music that is sparkling and tuneful. The first act Is laid in the home of one Charles Dupree, jf New Tork. The second Is the throne room of His Satanic Majesty in Hades. Between these acts are introduced several choice special ties, songs, duets and solos and dances by Princess IdetaV Hawaiian quintet. Robert McKlm makes a big hit in both roles, that of Mr. Dupree and of His Santanic Majesty. Edna Marble, a pretty, graceful girl, appears first as Mrs. Sinclair and later as Salome. T. C. Jack is clever in the part of Sam Sho macher, the stuttering expressman. Minnie Rhodes, graceful and at tractive, with lots of personality, plays the part of Spot. She wears first a white gown draped over harem trousers and later, as assistant to Satan, works the wireless and wears tights with a dashing uniform. The chorus girls have several fine numbers. R, U. Thayer, Sam Eperson, John Laraway and Jack Westerman all take an active part in making the show a winner. Dorcas Matthews dresses well and acts delightfully. Extra features will be the chorus girls' contest tonight and Friday night and the ladles night on Thursday. Pantages. SIX "newsies" took the Pantages world by storm at the opening of the week's bill yesterday afternoon Shooting craps and selling papers was merely of secondary importance on this occasion to the singing of songs, in terspersed with no little comedy. One of the boys has a bass voice deeper than a well; they are all strong and powerful, as newsboys' voices must be. but the raucousness that seems to go with selling papers on this occasion is conspicuous by its absence; in fact, the voices all are good. An equestrian act of more than usual merit is that of the riding Costellos. Those who saw the performance by this duo when Ringling's circus came to town will have an opportunity of wel coming them again and seeing them perform at close quarters. Looping the loop and turning all sorts of some saults seems to be child's play to these accomplished equestrians. A potted play, of the musical comedy type, without much plot or anything of that sort is "Cannibal Isle," a fine ve hicle for the fun and frolics of one Walter Terry as Hamilton Feather bone, a missionary. Terry gets stuck on a cannibal isle where previously some persecuted poppa had cast his wifef to get rid of her. The cannibals had made her Queen and she has a Fijian bodyguard weird enough to strike terror Into any heart. What s more, she s a kind of Amazon, for sh has half a score of pretty Fiji damsels as warriors, who become salvation las. sies and. half a dozen other things at wilL Terry and the bodyguard between them keep the fun flying fast and furi ous. Japanese always seem to do big things as though they were trifles. One agile, good-looking Jap walks a rope right bang to the top of the building and then slides all the way down again without the flicker of an eyelash. His performance was but one of many in the act of the Imperial Japanese troupe, and they were all of A-l caliber. Then there was a typical maestro of the violin, one Allegro, whose playing is subtle and soothing and somewhat superior, and a "double" act by Lyon and Cullom. a sort of hodgepodge of vaudeville, notable most of all for some excellent dancing by the girl. Linn Connty Aids State Game Fund. ALBANY, Or., Jan. 12. (-Special.) Linn County contributed $4216 to the state game fund through the issuance of game licenses in 1913. according to the annual report made by County Clerk Marks to the State Board of Fish and Game Commissioners. This amount was received from the issuance of 2238 hunting licenses, 1408 fishing licenses and 28d combination licenses. This is by far the largest amount ever received in this county fro-n the issu ance of game licenses. Why Not Combine Business and Pleasure and enjoy for a while the glorious climate, the outdoor life golf ing, tennis, motoring and sightseeing that California offers'? You can do this on your -way East via THE. Exposition Line 1915 and the Overland Limited (Over the Southern Pacific and "Union Pacific) The superb 63V-hour train, San Francisco to Chicago. Extra fare. Observa tion drawing-room compartment sleeping cars, diner and everything first-class. Three Other Splendid Trains The Pacific .Limited: Observation Car, Standard and l Tourist Sleeping Cars. No coaches. The San Francisco Limited : Standard and Tourist Sleep ing Cars, Dining Car, Day Coaches. The Atlantic Express: Standard and Tourist Sleeping Cars. Chair Car, San Francisco to Ogden. Dining Car. Through cars daily to Denver, Kansas City, St. Louis, Chicago, and direct connection -with fast Eastern trains for New York, Washington and other cities Call at City Ticket. Office, 80 Sixth St., corner Oak, and let Agent outline an Eastern trip for you via this route. John M. Scott, General Passenger Agent, Portland, Oregon TWO OF BREMEN'S CLUB DISCHARGED Civil Service Board's Ruling Gives Setback to Newly Formed Association. CHIEF'S ACTION UPHELD W. J. Hyde and W. II. Bard Dis missed on Charges of Insubord ination, bnt Men Say They Lead Order Dubbed "Black Hand." The Civil " Service Board last night sustained the Chief of the Fire Depart ment In the discharge of W. J. Hyde, of Company 24. and W." H. Bard, Jr., of Company 1, giving a definite setback to an organization called the Firemen's Mutual Social, Benevolent and Protect ive Association, which, it is declared by members of the department, was organized chiefly to fight discharges and overriding decisions and orders of superior officers in the department Hyde was credited with being the founder of the organization and Bard was secretary. Its membership con sisted of about 30 firemen and ex-firemen. The rank and file of the firemen, the majority of whom refused to be as sociated with the new organization, which was founded only about six weeks ago, characterized It variously as the "Black Haudera," the "Mafia" and the "Cammorists. It is alleged by members of the Are department that the members of the club did everything in their power to prevent the orders of the chief from being enforced and that the associa tion assumed the burden of fighting the cases of all men discharged from the service for breach of discipline. Members of the association assert that it is simply an organization for social and benevolent purposes, for the promotion of good fellowship among the firemen. Many of the firemen were said to have Joined the associa tion under this opinion, but later to have withdrawn, declaring it to be an organization of "sore-heads." The connection of the two men dis charged from the service last night with the association was not brought out in the testimony, but It was later stated by other firemen that they were leaders in the organization. The charge on which both men were dismissed was insubordination and ab sence from duty without leave. Bard was defended in the hearing by his father, W. H. Bard. Admitting that Bard had been absent without leave, the father pleaded that it was his first offense, and asked that lighter punishment be given him. It was shown in the testimony that Bard ab sented himself from duty for thiee days after having been notified by his captain that the chief had denied him leave of absence. While the hearing brought out no direct testimony bearing upon the new organization, it was the opinion ex pressed by many that the action of the Civil Service Board will have the effect of bringing to an end the activities of the association. JURY-DRAWING CASE HEARD Point in Doubt Expected to Be Ruled on Shortly. Arguments were made yesterday by District Attorney Evans and Attorney Olson, before the Judges of the Su preme Court, on the mandamus pro ceedings brought against the County Commissioners to compel them to pre pare the 1914 Jury list. A decision is expected shortly, Mr. Evans said last night. The County Commissioners are in doubt whether it is the duty of their board or the Circuit Judges to pre pare the list. The old law abolish ing the County Court provided that the County Commissioners shall attend to all business previously handled by the County Court except matters of a the Ogden Houte t the I I ROUTES I Judicial nature, which, it was specified, should be- attended to by the Circuit Judges. The Commissioners were un decided whether the preparation of a Jury list was of such a Judicial na ture as to require the attention, of the Circuit Judges. To be sure that no serious error might creep in which would be serious in an important criminal or civil trial, the Commissioners submitted to a friendly suit. The proceedings were brought by District Attorney Evans, the- Commissioners retaining Conrad Olson to oppose the action. WAN COMING TO SEE DEAD Montana Resident Believes Burglar Killed Here May Be His Son. Believing that the unidentified burglar who was killed while attempt ing to rob the house of A. A. Hatcher, 45:15 Forty-fifth street Southeast, last week is his son, a man named Mullhdl, of Deer Lodge, Mont., will start for Portland today In the expectation of identifying the body, according to a message received by Detective Captain Day last night. The telegram was sent CHILDREN CUTICUM SOAP And Guticura Ointment because they keep the skin free from chapping, redness, roughness and irritation incidental to outdoor life in winter. Cutleura Roap amd Ointment sold throughout tbe world. Liberal nnplv of Meh mailed trim, with 33-p. book. Addreaa "CuUcur." Dept. SH. Boston. TMen who shave and abampoo with CuUcur Boap will find It beet for akin and scalp. HEAD AND' NOSTRILS STDFFED FROM COLD "Iape'a Cold Compound" ends colda and Grippe In few fconrs Tastes nice Acts Gently. Your cold will break and all grippe misery end after taking a dose of "Pape'B Cold Compound" everv two hours until three doses are taken. It promptly opens closged-up nos trils and air passages in the head, stops nasty discharge or nose running, relieves sick headache, dullness, fever Ishness. sore throat, sneezing, soreness and stiffness. Don't stay stuffed up! Quit blowing and snuffling! Ease your throbbing head nothing else in the world gives such ' prompt relief as 'Tape's Cold Compound," which cost only 25 cents at any drug store. It acts without assistance, tastes nice and causes no inconvenience. Accept no substitute. Adv. PREFE by Frank Conley, warden of the Mon tana State Penitentiary. In a previous telegram. Conley had informed the Portland authorities that the dead burglar answered the descrip tion of a convict Just released from the Montana Penitentiary. Medford Lumber Office Robbed. MEDFORD, Or.. .Tan. 12. (Special.) A thief entered the office of the Med ford Lumber Company some time be tween Saturday night and early Mon day morning, and with a coal chisel opened the safe, obtaining $60 in money and two county warrants. WOMAN REFUSE OPERATION Tells How She Was Saved by Taking Lydia EL Pink ham's Vegetable Compound. Logansport, Ind. " My baby was over a year old and I bloated till I was a burden to myself. I suffered from fe male trouble so I could not stand on my feet and I felt like millions of needles were prick ing me all over. At last my doctor told me that all that would save me was a n operation, but this I refused. I told my husband to get me a bottle of Lydia E. Pinkham's Vegetable Com pound and I would try it before I would submit to any operation. He did so and I improved right along. I am now doing all my work and feeling fine. "I hope other suffering women will try your Compound. I will recommend it to all I know." Mrs. Daniei, D. B. Davis, 110 Franklin St. , Logansport, Ind. Since we guarantee that all testimo nials which we publish are genuine, is it not fair to suppose that if Lydia E. Pinkham's Vegetable Compound has the virtue to help these women it will help any other woman who is suffering in a like manner? If you are ill do not drag along until an operation is necessary, but at once take Lydia E. Pinkham's Vegetable Compound. "Write to jLydia E. Plnkham Medicine Co., (confidential) Lynn, Mass. Your letter wil be opened, read and answered by a woman and held in strict confidence. 'Medical Advice on Rheumatism" with explanation of internal and exter nal treatment diet and reeimen what you should do to ease the pain, drive the poisons out of your system. Symp toms of Inflammatory. Chronic Articu lar and Muscular Rheumatism Gout and Kheiraatic Gout. Sixty-Eighty-Eight jjuaracreea turn., md we b ry. "'7 wivito i c7ii4f urn. xj nienyoun IB to unasual cane 60S will afford you pdT re lief and euro. Writ NOW for the Pre -aieaicai Advice on ttneumattiim" with . mo u ice on aies ana repi7 men, -xiernfu ana interna li treatment, formulated or specialist with yearn of me-i ceeiui treatment. Kenerobf not a drop ofdope" habit i iinn i n n ariifrn i n bum. it ror any reannn nous Talls.i yon get your moner NckJ A sic us for full particular. vi wwi ana vne ruaraoteef free. Address ATT J. JOHNSON CO.C Beat. X, PU Piil, ataa. m.M.-.- .v.wfm, life VSE3EM TM.nu VUilMH T""" llIB fill