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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 14, 1914)
TJTE 3rORXTNG OREROXIAy, . fHTJRSDAY. JUT 14, 1914. 18 WINTERS ESTATE IS GIVEN TO RELATIVES Vluch Contested Property to Go to 57 Heirs and Their Various Attorneys. STATE MAY FIGHT CASE Question to Be Presented to West Before Further Action Is Tuken or an Appeal Made on Tes timony Offered. On the evidence given by two wit nesses whc 'appeared in person, and the depositions of 42 other witnesses, the jury in the Henry D. Winters es cheat case returned a verdict yesterday against the state -and in favor of 57 claimants to the estate, represented by Attorneys Ganoe & Olimatt, Ansel R. Clark and Hall & Lepper, of Portland, and Samuel Griffin, of Medicine Lodge, Kan. The verdict was returned after about 40 hours' consideration of the case, which was submitted to the jury Monday afternoon. The verdict was signed by ten "jurors. The estate involved is worth approxi mately $80,000. Those for whom a ver dict was returned are first, second and third cousins, most of whom live in Middle Western states. Attorneys representing other claim ants as heirs and Will K. Purdy prob ably will move to set the verdict aside and ask for a new trial on the ground that the verdict is contrary to the law and evidence in the case. Judge Mor row has already granted Purdy an ex tension of time in which, to tile his mo tion for a new trial. 1 "Went to Settle Point. What action the state will take will not bo determined until the matter has been presented to Governor West. The Ktate was a party to the action merely to help in the determination of the heirs, if there were any. As the jury has found in favor of 57 claimants, the state probably will take no part in any further litigation. Attorney Ralph Cit ron, however, who appeared with At torney John F. Logan, for the state, said yesterday that tht;y would make a full report to Governor West, giving it as their opinion that the jury has found erroneously and that the delivery of the estate to those for whom a verdict was returned would be a miscarriage of justice. After this report has been submitted to Governor, it will be incumbent on him to determine what further steps, it any, the state will take in the mat ter. When the verdict was read in court yesterday mornjng. Attorney Citron made a motion that it be deferred on the ground that the' pleadings filed by the successful claimants and the evi dence they offered at the trial varied. Pleadings at Variance. "In the pleadings these defendants claimed that Henry D. Winters had four uroiners ana three sisters," said Mr. -.uron, and In presenting their evi dence they abandoned this sworn an ewer and proved the contrary. They n3 nnsiea xne siate continuously dur ing this trial. In their pleadings they tinmen mat tienry D. Winters was the son of William Winters, and in their evidence showed that he was the son or nenry winters." No action was taken on the motion by the court. Attorney Asa V. Menden hall, of Oakland. Cal.. who with Attor ney Webster, of Portland, rerjresente.l Beven claimants, said after the verdict had been received that Mr. Citron was right in' his statement to the court of the variance between the pleadings and prooi oiierea by the successful claim ants, and that he, for one, probably would take an appeal. The finding of the jury was a sur prise to attorneys and officials who have watched the proceedings closelv, and attorneys for the state admitted their disappointment. "The case of the successful claimants or at least some of them, was financed by Alex Sweek and John A. Carr, of Portland." said Attorney Sweek, "and in my opinion they are no more heirs than any of the others. My belief is that the Jury did not want the property to go to the state, and therefore found lor the greaest number of claimants possible." Henry D. Winters died June 20, 1911 leaving an estate valued now at ap proximately tSO.OOO. The largest por tion of this is property on Grand ave nue, which Purdy claims through an instrument he says- is a deed from Winters conveying the property to him. This claim has been defeated in court twice. The claimants who were awarded the property by the jury are first, second or third cousins of Henry D. Winters The largest number of them live in Kansas and Iowa, others being scat tered in Montana. Indiana. Illinois. Nebraska and Oklahoma. The full nst of the heirs named in the verdict re turned and the attorney through whom tnelr claim was presented follows- v. Attorneys Hall & Lepper John "inters, Paris Winters. Carrie M. r'm""- ,Ce,'na Buckley. Martha Qui U en. Jacob Ellsburv, William B Kllsbury. Mary A. Ray, Lavina Phippsi John Ellsburv. Attorney Ansel R. Clark L. D. Win ters. Ed Winters. Sherman Duncan, Lucinda Winters. Minnie Winters. Hulda M. Winters, Amanda Love. l.eorgre Winters. Walter Winters, Henry Winters. Alvin Byram. John Mough. John Winters, Thomas Win ters. Alfred C. Winters. Abraham C. t-chuler, Isabell Cutlar. Charles Inman Attorney Samuel Griffin Mrs. Mary A Feltner. Jack Winters. Cindella "Inters Lavertes Decker. Orange Decker. Lloyd Decker, Wiley Winters, "illiam It. Winters, Sarah Winters. Amanda Winters. Attorneys Ganoe & Ohmart Pauline Jennings. Ann M. Dillon. John Dun Lulu Kidpath. Polly Forbes. A. C vv inters. Thomas Winters. Sarah Rob-trtS- 'izabpt! Clark. Rose E. Henry, V y ",lnters Margaret Winters, Will iam -W inters, Rolla R. Winters. A. D inters. O. E. Winters. Ferdinand Inters, Alva L. Winters, Ellas Dun can. The members of the jury which tried the case were W. W. Shinn. F. A d .r! U Nash- J- E- rove. Chester .A- K" K'"1J. foreman; John Schroeder. E. E. Mitchell, C. C aHnnTr--V R- ,Nutt- J- W- Carpenter and J. XV. Taylor. The verdict was signed by all the jurors except Dove and Manner. Examiner, and his wife are at the Ben son. George A. Nelson, of Astoria, Is at the Multnomah. J. L. Lott. of San Francisco, is at the Washington. J. E. Oates, a Seaside, Or.,' merchant,' is at the Benson. C. R. Magee. of San Francisco, is at the Washington. L. J. Merrill, a Mosier, Or., orchard ist, is at the Seward. . . William V. Kearns, of Los Angeles, is at the Washington. " E. C. Barnes, a Seattle insurance man, is at the Oregon. Mrs. C. L. Cookson, of Kansas City, is at the Washington. F. E. Taylor is registered at the Nortonia from Seattle. Mr. and Mrs. John M Wall miii. boro. are at the Seward. S. C. and L. B. Gormely, of San Diego Cal., are at the Carlton. W. D. Plue, a Rainier, Or., lumber man, is at the Imperial. William Van Victor, of Goldendale, Wash., is at the Nortonia. R. S. Findlay, a merchant from Ma nila, P. 1., is at the Oregon. T. C. Sherwood and John H. Thatch- ORE;OV EXPERT GOES TO CANADA TO PUT IN SYSTEM. i u' j . I t i ft ! I-Ci i . j 0 it K. "V. Hinsdale. SALEM, Or.. Mav 13. (Spe ciaL) F. W. Hinsdale, secretary of the Oregon State Industrial Accident Commission, has been engaged to install the office sys tem of the workmen's compensa tion department in Ontario. Can ada. - - Mr. Hinsdale, who has been given a two months' leave of absence by the Oregon Commis sion, will leave for Toronto the latter part of the month. P. T. Garnett, formerly chief account ant of the Washington State Com mission, will attend to Mr. Hins dale's duties while he is away. Mr. Hinsdale has had much ex perience in compensation work and is regarded as an expert in the Northwest and Canada. PERS0NAL MENTION. C. R. Griffin, of Seattle, is at the Seward. O. P. M. Goss, of Seattle, is at the Benson. Henry Date, of Chicago, is at the Multnomah. George J. Stanger. of Pendleton, is at the Carlton. A1Dr; J- A. Fulton, of Astoria, is at the Imperial. V. IL Adams, of Oakland. CaL, J3 at the Oregon. S. li. Sargent, of Salem, State Bank er, of Kansas City, Mo., are at the Ore gon. Mr. and Mrs. D. C.fRemich, of Little ton, N. H., are at the Benson. A. Satterberg and Ed Baker, of Santa Ana, Cal.. am at the Psirimn J. R. W. Craken. of Husuni, Wash is registered ot the Nortonia. L. F. Wakefield, a land owner of Crescent. Or., is at the Imperial. Clark W. Thompson and son, of Cas cade Locks. Or., are at the Multnomah. J- H. Wenandy. proprietor of a , v.., 6i6e, is at the Imperial. E. K. Booth and Mr. and Mrs. H, E Norton, of Santa Cruz, Cal.. are at the Carlton. Professor H. D. Scudder, of the Ore gon Agricultural College, is at the Seward. tbV W K- J?burn. of Eugene, is in the city, attending the Unitarian Con ference, now in session. uC" ,A!ba and Mivaki. professors at t. H,f her Commercial College at Tokio, Japan, are at the Multnomah Mrs. Lorne P. King, daughter of Rev. vv. o. Forbes, is convalescing at the Good Samaritan Hospital after a crit ical operation last Friday. ROSE SHOW PUNS MADE PESIXStLA LIST OK PREMIUMS IS ANNOUNCED. ArranEements Made for Large Display of Blooms and for Freaentatlon of Flowen tm Guests. Red and wliita h. i ..j, the colors of the Peninsula Park Rose Show which will be held in Peninsula Park June and 10. under the auspices rih S rt- Portlani Commercial Club and the Women's Auxiliary. At the meetinsr of the f..,rri,,.. rangements yesterday, it was decided to nave the musical concert by a cho rus of 100 voices, which are now being trained by Rev. D. V Tii ,J; of June 9. Many of the nnv have been received, but owing to the number still out the time for return- intr them was l-..n,lr..l . T . n.. following classification of the exhibits Section A-Class 1, best '24 Caroline Testout; class 2, best 13 Caroline Tes- Section B Class 1, best 4 white jses of any one named variety; class best -4 red, any one named variety class 3. best 6 pink roses any other variety than La France or Caroline Testout; class 4, best 4 yellow roses any one variety. Section C Class 1, best 6 La France roses; class 2. best Ulrich Bruner; class 3. best 6 Frail PhH riniunhlrl- 1 .. . , 6 best white Maman Cochet. oection U Class 1, best 1 hybrid perpetual, any color; class 3. best 1 hybrid tea; class 3. best 1 tea; class 4, best 4 Mareschal Niel rose. Section E Class 1, best collection 5 varieties any color of 4-blooms each; class 2, best 12 vases distinct variety in single vases: class 3, best 5 roses one variety, single vase. Section F Class 1, best 3 Lyon roses; class 2. best 3 Joseph Hill; class 3. best 3 Madame Melanie Soupert: class 4, best 3 Betty: class 5. best 3 Kaiserin Au gusta Victoria; class 6. best 3 Lady Roberts; class 7, best 3 Lady Ashton; class 8. best 3 J. B. Clark; class 9, best 3 Mrs. Aaron Ward; class 10, best 3 General McArthur; class 11. best 3 va rieties of new roses other than con tained in this list. Special awards Best rose shown in the exhibit; best light rose of any va riety. Competition of mass exhibits will be made by the following districts: Kenton. Peninsula, North Portland (Albina), Vernon. Alberta, Walnut ram, Hoomawn, Piedmont. West Pied mvFiii, uvenoua, (Jckley Green, versity Park, Portsmouth and Johns- fa. L. Osborne, chairman of the rose committee, announces that those who make exhibits should-be careful to re tain the foliage of the rose and not substitute other foliage. The differ ent neighborhoods will be asked to fur nish, two young women to give away roses in the park during the two days Uni- St. A RIMY ! LOOM ASCENSIONS At 3 o'Clock Sharp on Friday Afternoon The lamifaetiirers' Association of Oregon "1U ctullc" Panoons.Jiach. Carrying Prize Coupons as Well as t J . " ? . BLANK BALLOTS FOR ROSE FESTIVAL QUEEN CANDIDATES r . . T. !. 9 nio L f H 3 S'(Rw ;J Q b ,f f f Yi Will M 4 v-yM XJmrS.A To Interest Every Man, Woman and Child in the ome Industry Exhibit AT M eier & Frank's B AS E MENT MORRISON-STREET WAY y The Members of the Manufacturers' Association of Oregon Offer 125 Valuable Prizes To the lucky finders of the balloons. Attached to each balloon will be a Prize Coupon entitling the finder to a prize. 250 Blank Ballots for Rose Festival Queen Candi dates will also be attached to each balloon THESE BALLOONS WILL BE STARTED NEAR Washington High School Jeferson High School !j Lincoln High School FRIDAY-PROMPTLY AT 3 O'CLOCK Coupons Taken From Balloons Will Be Honored Until 6 P. M. Saturday, at Which Time This Intensely Interesting Exhibit Will Close OTHER EXHIBITS WORTH SEEING At Which Desirable Prizes Are to Be Given Doernbecher Company Bergmann Shoe Company Carman Mfg. Company Oregon Chair Company Reliance Wire & Iron Co. Modern Confectionery Co. Pacific Face Brick Co. Portland Hair Company Northwest Lead Pipe & Machinery Co. Art Plating- & Stove Repair Works Universal Bed Co. Multnomah Trunk & Bag Co. Portland Curled Hair Co. BALLOON PRIZES GIVEN BY THE FOLLOWING MANUFACTURERS Crown Millg Flonr Dougherty Shoe Mfg. Co., Shoes Jobes Milling Co., Plonr Knight Packing Co., Pickles Zan Bros., Brooms Independence Creamery Co., Batter American Brush & Broom Co., Brashes. Pacific Ladder Works,. Ladder Hazelwood Co., Butter Columbia Milling Co., Plour Hudson Clam Co., Canned Clams Oregon City Woolen Mills, Indian Robe Reliance Wire & Iron Works, 'Hanging Basket Union Meat Co., Lard Hoody Peanut Butter Co., Peanut Butter Dwight Edwards Co., Coffee Northwest Rug Co., Rug Portland Flouring Mills, Flour Mason Ehrman & Co, Canned Fruit Wadhams & Co., Jelly Nollan Knitting Mills, Doll's Cloth ing Closset & Devers, Salad Dressing, Coffee, Tea Frei Pickle Co., Pickles Pacific Coast Syrup Co, Preserves Haradon & Son, Crackers . Albers Bros., Pancake Flour Wadham & Kerr Bros, Canned Fruit Oregon Brass Co, Bubbling Foun tain Modern Confectionery Co, Candy Additional Prizes To Be Given at Booths Apply at Booths for Information Mahogany Dressing Table $5 Cash at Shoe Exhibit Ladies' Desk 3 Hanging Baskets Filled With "Grown-in-Oregon Flowers" One Rose Trellis Three Additional Prizes $14 Chair I nlnpa o .. in i tJ. ,... 1 - of the show. The roses will be placed under canvas near the sunken gardens at the south Bide of the park. Applica tion from some of the schools have been made to exhibit their work in the recreation buildings, which probably win be granted. 'GYM' PERFORMANCE GIVEN Y. M. C. A. Holds Sway at Ad Club Dinner and Addresses Made. For 20 minutes yesterday at the Ad Club luncheon part of the main dining room of the Portland Hotel was con verted into a gymnasium. It was Y. M. C. A. day with the club and the physical department, under direction of A. M. Grilley, was the bis attrac tion. If Director Grilley could guarantee that all of his pupils would develop into muscular, wonders like the Flint brothers the Y. M. C. A. physical de partment would be swamped with ap plicants, for the balancing: exhibition they gave would entitle tliem to a Place on any vaudeville circuit in the country. Seven other members of one of the classes save a creditable drill. Robert Livingstone, vice-president of the Y. M. C. A.; Harry W. stone, general secretary, and R. C. French, director of the educational depart ment, made brief talk's on the good Influence of the association. Nearly J100 was subscribed toward the candidacy of Miss Sadie E. Vigus as queen of the Rose Festival, the Ad Club's choice. DERBY STREET APPROVED Church Mass Meeting Results In Adopting Resolutions. ' Resolutions were adopted Tuesday night at a mass meeting held in the Pilgrim Congregational Church under the auspices of the Overlook Improve ment Club approvlng the Derbstreet-Patton-avenue approach to the inter state bridge. M. E. Thompson. O. F. T. Johnson. Frank Deuster and Harry Yankwich were appointed to appear A WOMAN'S PROBLEM In the looking-glass a. woman often sees wrinkles, hollow circles under eyes, -crow s feet, all because she did not turn to the right remedy when worn down with those troubles which are distinctly feminine. Backache, headache, pains, lassitude, nervousness and drains upon vitality bring untold suffering to womanhood and the faca shows it. The nervous system and the entire womanly make-up feels the tonic effect of DR. PIERCE'S FAVORITE PRESCRIPTION. It allays and subdues nervous excitability. Irritability, nervous exhaustion and other distressing symptoms commonly attendant upon functional and org-anie diseases of the feminine organs. It induces refreshing sleep and relieves mental anxiety and despondency. Known everywhere and for over 40 year fdaf? wmedy for the diseases of women. Your dealer in medicines ells it in liquid or sugar-coated tablet form; or you lean send 60 one-cen stamps for a trial box of Dr. Pierce's Favorite Prescription tablets. Address Dr. R. V. Pierce, Invalids' Hotel and Surgical Institute. Buffalo, N. Y. DR. PIERCE'S PLEASANT PELLETS REGULATE AND INVIGORATE STOMACH. LIVER AND BOWELS. SUGAR-COATED TINY GRANULES. before the County Commissioners to- question be given a rehearing i ihi. morrow and rge that the approach I morning's "j,"r, I'ni, citizens from the Peninsula are expect ed to attend. SO fl that places you within talking distance of your friends acquaintances and business associates is the Pacific Telephone. 2oo,227 was the average number of daily telephone calls in Portland during the month of April, making a total of nearly eight million calls for the month There are 42,303 Pacific Telephones in Portland and the time and energy saved every user every day is beyond estimation. The "Pacific" Is the Service That Reaches the People The Pacific Telephone & Telegraph Company A f Sales Dept. Main 8800 '