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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 22, 1914)
IS -TTTE STO-RXTXO- ORKGOMAN, FRIDAY, MAT 2, 1914. G.F.HEUSNER ASKS $200,000 DAMAGES Civil Suit Started Against Men Indicted for Libel by May Grand Jury. ATTORNEYS EXPLAIN STAND Six Jurors Deny Intimation of In fluence by, Foreman and Sng- gest That Case Be Tried in Courts Instead of Papers. Damages to the amount of $200,000 are asked by Georgre F. Heusner in a suit filed yesterday against Thomas Scott Brooke, E. Henry Wemme, E. T. Ames. Jacob C. Beck and the Portland Railway, Light & Power Company, based on the same alleged libel charge on which indictments against Brooke, Wemme. Ames, Beck, T. A. Linthicum, II. W. Pierong and the Empress Thea ter. J. A. Johnson and the Pantages Theater were issued. By reason of the publication of "Will Tou Prevent This Franchise Grab?" ad vertisement Immediately prior to the election in June, 1913, Mr. Heusner charges that the franchise grant waa defeated at the polls and this with the Injury to his name and reputation and lii " business has damaged him to the amount asked for in the action riled yesterday. The suit was brought by Attorneys Huntington & Wilson. The advertisement, which was pub lished May 27, 1913. Mr. Heusner charges, meant that he was seeking to obtain by dishonest, corrupt and illegal methods the franchise applied for by him, and the submission of the fran chise to the voters of the city and the request for its adoption was an at tempted fraud on his part: and that ha would have acquired a franchise over right miles oi city streets by trickery and fraud. Railway Company Blamed. This publication was made, the com plaint alleges, by the Portland Rail way, Light & Power Company, by its officers and agents, and the other de fendants acting together, for the pur pose and. with the intent of defeating the ordinance and of injuring and de laming Mr. Heusner in his business of operating the Kenton Traction Com pany, of which he was and still is a director and general manager. It is further charged by Mr. Heusner that "the defendant Portland Railway, Light & Power Company, had at the times herein mentioned a practical monopoly of all the street railway lines in -the City of Portland, and operated the same through the streets of the said city ( of Portland) on routes, among otliers. that would be in com petition with the line of street rail way covered by the proposed franchise, for which said Heusner was an ap l.llcant; which fact was well known to each of the defendants, and, so know ing and with the design of preventing the plaintiff from getting the franchise for which he was an applicant, and to insure the continuation of the monopoly of the Portland Railway, Light Power Company, the defendants maliciously and with intent to injure tlie plaintiff, conspired and confed erated together to oppose the granting or the said franchise to the plaintiff, and to defeat the said application at the. election, and to libel and to defeat the plaintiff. None Ha. Been Armted. Though those indicted Tuesday on the same facts on which the civil suit is based have employed an attorney and are preparing their defense, none of them has been arrested or officially notified of the indictment against him. Copies of tho complaint and summons in the civil suit were placed in the hands of Stferiff Word yesterday for fcervice. E. Henry Wemme. joint de fendant in both the criminal and civil charges, is in Southern California, but it Is believed he will appear and make answer in both cases by attorney, if he does not return to appear in court in person. Though the civil suit was filed yes-tei-day by Attornevs Huntincrton nn.1 Wilson. H. & Wilson declared that his firm has taken no part in the present controversy except to prepare the suit filed yesterday. "We are interested in only one other civil matter on behalf of Mr. Heusner, nd had nothing to do with the crim inal charges," said Mr. Wilson. Attorneys Deny Knowledge. Attorneys Fenton and Dey, whom Foreman Ketchum mentioned in dis cussing the indictments, have denied emphatically that they had any knowl edge that the indictments we're to be brought, and Mr. Fenton denied anv ac quaintance with Mr. Ketchum until after the indictments had been re turned. Six of the members of the grand jury gave out a statement yesterday re lenting the imputation that the gra.id jury is dominated by Mr. Ketchum. The full text of their signed statement fol lows: "We. the undersigned members of the March. April and May grand Jury, exclusive of its foreman, .T. A. Ketch um. resent the imputation that we have been influenced by the said foreman in voting any indictments during our term. "The foreman has only one vote, and five are required for indictment, and w suggest that the attorneys for the defendants try the cases in the courts in the usual manner Instead of in the lieu spapers. "C. F. Fulton. Fred H. McClure, 'R. W. gyring, Peter Pearson, Joseph Du fan, F. T. Smith." Action Against Jurors Posxlble. Attorney Malarkey. who has been re tained as counsel for the defendants in the criminal cases, is considering, he says, the advisability of asking the next grand jury to inquire into the action of the present jury in returning indictments against Beck. Brooke, Wemme. Ames, Linthicum, Pierong and Johnson. Mr. Malarkey says he is not sure but that the grand jurors have violated their oaths. Mr. Ketchum. it is said, has admitted that he consulted with Mr. Heusner while the indict ments were under consideration, which ' Mr Malarkey says is contrary to his oath, and he believes that Mr. Ketchum Save information to the grand jurors in helping them arrive at a conclusion in the matter and has neglected to place his name on the indictment as a witness. NEW YORK GRAND OPERA COMPANY WILL SING ."FAUST" AT HEILIG TONIGHT, mm 1 M-r-. . - is. ; IllSilliir. ii WSffj 1 ? - ; -' ' . - ': ' Every once in a while, and not any too often, music-loving theater pa trons are afforded an opportunity of hearing opera. Most of the times, how ever, the operas presented are rather too cumbersome to meet the approval of the masses: that is to say, the music of errand ODera. as a rule, is Inst little above the heads of the class of people who attend the theater frequent-1 ly mr me sane or aiversion; nence tne announcement that "Faust" will be sung partially in English at the Heilig Theater. Eleventh and Morrison, to night and tomorrow night, comes with no little pleasure. The New York Grand Opera Company is an organization composed of such well-known operatic talent as Giordano, acknowledged to be not only a really great tenor, but the handsomest one on the American stage. He is the protege of Caruso, and it is claimed that his voice is quite the equal in range and quality to that of the famous tenor. Among the other members of the organization are Richard E. Parks. Romero Malpica, Nora D'Argel, Marguerite Robert, Ethyl M. Peters and Howard Bushnell, all of whom are well known to those who keep a mental record, as it were, of grand operatic events. - - VERDICT ASKED DENIED MOTION OF CHAPWS. LAWYER IX LAHCE.Vr CASE REFUSED. . Arcnnicnia Made by Attorneys on Botb Sides Indictment Against Her lovf Also Not Dismissed. Motion by attorneys for W. II. Cha pin, on trial for larceny as a bailee of J3500 from Mr. and Mrs. William Grace, for a directed verdict was denied yes terday morning by Circuit Judge Kav anaugh after arguments had been made by both sides. He refused also dismiss the indictment against E. C. Herlow, indicted jointly with Chapin. but who will be tried separately. Arguments were made by attorneys for Chapin that the $3500. the loss of whicli Mrs. Grace has made complaint, was given to the Chapin-Herlow Mort gage & Trust Company, which makes the firm liable in a civil way. but is a defense to the individual members of the firm in criminal proceedings. Deputies Maguire and Collier point ed out that the money was obtained, according to the state's evidence, by false pretenses when the company had financial difficulty, which rendered the firm members and the firm liable. After the motion had been disposed of. Attorneys King Wilson and George Roasraan, counsel for Chapin, offered testimony of their client's good char acter. It was said that during Novem ber. 1912, the month in which the money was secured from Mr. and Mrs. Grace, Mr. Chapin was consulting phy sicians and away from the office much of the time. Further testimony was offered to the effect that the financial end of the firm was in charge of Mr. Herlow. Probably two more witnesses will be called this morning before Mr. Chapin takes the stand on his own behalf. At torney Rossnian said yesterday after noon after adjournment of court. Witnesses heard yesterday follow: Miss Ethel McClure. stenographer for tlie firm: rr. Philo Jones. E. C. Her low, H. M. Davies. Dr. A. E. Rockey, A. R. Morgan, R. L. Durham, C. G. Reagan, John W. Westman, David S. Manning, E. F. Hart and C S. Odegaarde. WAR VESSEL MA. GOME CHUSER LIKELY TO VISIT CITV DIBIJ1G ROSE FESTIVAL. Salem Plans for Memorial Day. SALEM. Or.. May 21 (Special.) An elaborate ceremony for the observation of Memorial day is being planned by Sedxwlck Post. Grand Army of the Re public, and the Women's Relief Corps for Sunday afternoon, at the armory, when Rev. C. E. Cllne. of Portlad, will deliver the principal' address. Dean Mendenhall, of the Willamette School of Music, will be in charge of the music. Company M. Oregon National Guard, will occupy seats on the stage. Dr. Cline formerly was a member of Sedgwick Post and has many friends in Salem. Telegram From Senator Chamberlain to Chamber of Commerce Says Effort Will Be Made to Send Ship. A United States cruiser may be In Portland during the Rose Festival, ac cording to a telegram the Chamber of Commerce received yesterday from Washington. The Chamber requested a warship some timo ago, but was in formed that none could be spared dur ing the Mexican troubles. Yesterday Secretary Giltner for warded the following telegram to Sen ator Chamberlain: "Understand naval forces in Mexi can waters will be materially reduced. If so, can a cruiser be ordered to Port land during the Rose Festival held June 9 to 12 inclusive?" Senator Chamberlain replied: "Secretary of Navy says it is not contemplated to reduce naval force, but promised, if it is possible, to send cruiser as requested." Next year tho Chamber of Commerce hopes to have a Japanese batleship in the harbor during the Rose Festival, as well us an American. Quite a good deal of correspondence has passed be tween the Japanese authorities and the Chamber regarding the Japanese cruisers which are now on their way to this Coast from the Hawaiian Is lands. They will arrive in San Fran cisco June 7 and remain until the 15th. The Chamber's efforts to have them assigned to Portland were unsuccess ful because the schedule for the ships was made out in Tokio. PERS0NAL MENTION. A. C. Olds, of San Francisco, is at thi Benson. A. S. Evans, of Eugene, is at the Carlton. Mrs. M. S. Hill, of Tacoma, is at the Cornelius. C. A. Riddle, a Seattle attorney, is at tne xen6on. Rev. J. N. R. Bell, of Corvallis. is at the Imperial. E. C Wood, of San Francisco, is "at the Cornelius. Mrs. Orrin Backus, of Rainier, is at the ortonia. Mrs. Iva Craig, of St. Helens, Or., i at the Carlton. Mrs. F. P. Knapp. of Union, N. Y., i at the Xortonia. Mrs. S. Hauser, of Oakland. Cal.. is at tlie rtortonia. Mrs. N. J. Lind. of Westport, Or., Is at the Washington. David O. Peters, of Honolulu, H." I., is at the Oregon. H. E. Ross, of Prince Rupert. B. C, is at the Oregon. G. B. Small, of the Democrat, Baker. Or. and his son, Fred, are at the Cor nelius. G. A. Hager and wife, of Spokane, are aUthe Multnomah. Mr. and Mrs. W. W. Ashby, of Albany, are at the Seward. Miss Alwyne Kirchoff, of Astoria is at the Washington. W. W. Browning, of Albany, Or, is at the Washington. Mrs. E. M. Coffin, of Binghamton, N. Y is at the Nortonia. Dr. Andrew Klrshaw, of Willamina, Or., is at the Imperial. Miss Ruby L. Mason, of Lebanon, Or., is at the Carlton. F. Bruhm and wife, of Ashland, Or., are at the Washington. Mr. and Mrs. E. B. Day, of Medford, Or., are at the Cornelius. J. R. Molera, a San Francisco "wine grower, is at the Benson. J. H. Dunlop, a Cascade Locks lum berman, is at the Oregon. Edward Kendall, of the Friars' Club, New York, is at the Seward. Claude Leitch, an Aberdeen, Wash., lumberman, is at the Oregon. Charles W. Strother. an attorney from Yreka, Cal.. is at the Multnomah. Elias Pearson, a banker of South Bend, Wash., Is at the Imperial. J- A. Sheahan. manager of a Seattle radiator company, is at the Benson. Mr. and Mrs.' H. R. Blauvelt, of Kan sas City, Mo., are at the Multnomah. D. Ledbetter, a Goldendale, Wash., merchant, and wife are at the Seward. L. R. Stlnsou, of Salem, grand keeper of the records and eeals of the Knights of Pythias, is at the Imperial. F. H. Yeaton. Mrs. Alice Yeaton Baker and Miss Leonore Yeaton, of Ilwaco, Or, are at the Carlton. T. S. Billingsley, of Salem, of the Portland. Corvallis & Eastern Railway, and his wife, are at the Seward. Mrs. Conrad Krebs and Miss Gillette workman have Just returned from Europe, and with Mr. Krebs are ro istered, at the Multnomah. CHICAGO. May 21. fSnecial.l Th. following from Portland, Or., are reg- isierea at cnicago hotels: Congress, R. F. Fike: GreaT Northern. Mr. and Mrs. ueorge A. Nichols; La Salle. C R. Greisen. Mr. and Mrs. W. B. Mersereau. GAS FRANCHISE IS URGED Milnaukic Is Willing to Pay Hig-her Kates to Get Sen ice. M1LWAUKIE, Or.. May 21. (Spe cial. "The gas question is the ira portant topic in this place and between here and Oregon City," said Mrs. M. L. Johnson today, who circulated a peti tion to the Council asking that a fran chlse be granted the Portland Gas Com pany. There is disagreement between the company and Council, the Jatter in sisting on Portland rates. Mrs. John son said today that the gas company will condemn a right-of-way through Milwaukie if it -does not get a fran chise. "The Council ie right in insisting on tl gas," said Mrs. Johnson, "but if we cannot get gas at those rates, then let us pay the L25 asked for for a time. The petition we submitted contained 120 names of leading business men and residents, all of whom want gas. "The people at Courtney, Oak Grove, Jennings Lodge and other places want the gas at 11.25, and Oregon City will pay $1.50." DISTRICT ELDERS ELECTED Oregon Free Metliodist Conference Hears Reports or Pastors. Rev. V: N. Coffee and Rev. Frank S. Burns were elected district elders yes terday morning at the meeting of the Oregon conference of the Free Meth odist Church, in session in the Central Church, Center Addition. Mr. Coffee has been district elder for the Portland and Salem district. Reports of pastors were given, showing progress and some new buildings. Bishop It. B. Jones, who is presiding, delivered an address at the close of the morning meeting on "The Origin and Progress of the Free Methodist Church," and told what it stands for as distinguished from other churches. Rev. W. H. Boody was elected clerk and Rev. Edwin Hight assistant clerk. Jerome Buzan and D. M. Cathey were elected lay members of the stationing committee. Rev. M. L. Schooley, of the Columbia River conference, preached yesterday afternoon, and Rev. M. C Clark, late of India, spoke in the evening. ROYALTY WILL ACT Queen Thelma and Suite to Pose for Movies Today. FILMS TO PRECEDE TOUR Scliednle for Trip Arranged. Pre liminary Entertainment Planned and Party Kept Busy Prepar ing Wardrobes for Travel. Queen Thelma and her royal suite will pose for "the movies" "in the sunken rose gardens at Peninsula Park at 4 P. M. today. The picturts will be symbolic of Portland as "The Rose City," with the Rose . Queen and her 11 maids of honor, accompanied by members of the Rose Festival Asso ciation, progressing through gardens or roses. The party will assemble at Rose Festival headquarters in the Morgan building at 3:40 P. M. and will be taken to Peninsula Park in automobiles. The moving pictures will be shown all over the United States. As far as possible, they will appear in the cities on the Rose Festival tour Just in ad vance of the Queen and her suite. Tonight the royal party will be guests of honor at the Harriman ball in the Multnomah Hotel. Next Tuesday night will be "Queen Thelma's night" at the Baker Theater. The play will be "A Fool There Was." Four tickets will bo given to each of the girls who was in the Rose Festival contest. Queen Thelma and her maids of honor will occupy a box. Another Dox will be occupied by the board of governors of the Rose Festival. Queen Thelma and her maids spent yesterday preparing their wardrobes ror the tour.' A meeting of the Rose Festival Association today will discuss the preparation of the royal robes to be used during the Rose Festival. The association will furnish these. Each of the successful candidates must furnish her own wardrobe for the excursion. The Rose Festival Association an nounced yesterday that a trained nurse would accompany the tourists. Her duties will be to care for the health of the party. Every precaution will be taken to bring the girls through the tour in the best of health, and fully prepared for the festivities to follow. The Queen and her maids of honor will leave Portland on May 29. The first stop will be at Tacoma. From Tacoma the special car will be routed to Seattle and Spokane, thence to Pasco, Boise, Salt Lake City. Los An geles, Pasadena, San Francisco and Oakland. The larger cities will be dav stops. Other stops vill be: Ellens burg, five minutes; Tekoa, five min utes; Umatilla, one hour and 25 min utes; Pendleton, 10 minutes: Baker, rive minutes; La Grande. 10 minutes: Huntington, one hour and five min utes: Nampa, 10 minutes; Ogden, 10 minutes; Las Vegas, 20 minutes: Santa Barbara, 10 minutes; San Jose, five minutes; Sacramento, 20 minutes; Te hama, 10 minutes; Red Bluff, 10 min utes; Ashland. 20 minutes: Roseburg, 10 minutes: iugene, 10 minutes; Al bany, 10 minutes, and Salem, 15 minutes. GATZKRT AXD REAVER. GIVEN Steamer Owners Get in- Line for Queen Thelma and Suite. Queen Thelma and her retinue will be conveyed from the lower river to Portland June 9 aboard the steamer Bailey Gatzert to reign supreme there after so long as the 1914 Rose Festival is celebrated, C. V. Cooper, chairman of the marine events committee, hav ing given out yesterday that the ex cursion steamer had been donated for Greatest of All Human Blessings ' 1 M a mutt wnti H T-r. 1 1 il . . , . - - vxxb ui t no wono. to love expressed in tho helpless infant. Jiia among those aids and comforts for expectant mothers is the well known "Mother's Friend." This is an external application to enable the abdominal mus cles to become more pliant. to expand naturally without Undue rtafr from th Annlied aj riiTwtrl v. . ut,it i.ixjoct muscles Involved it RnnthM lha . w . -- - -" " " iictnuifc Ul nerves with which all the muscles are uppuea. j.nus a great share of the pains so much dreaded may be avoided and the Pe1d of "Pctancy passed in comfort. There is no question but what such relief has a marked Influence noon the general health of the mother. In Q 1 i 1 1 ! hnnlr e V. -. . " loan mucn use ful Information is given to inexperienced ..c. it lcus now to use "Mother's Friend' and how to avoid caking breasts; It has been nr.na h n . for over forty years and Is known favor- uiy io most aruggista everywhere. Get a bottle to-day and write for book to Bradneld Regulator Co., 309 Lamar Bldg., Atlanta, Ga, Be sure to ask for and see that you get "Mother's Friend." strain upon Chateau Fronteitao from thm ft V Ideal Summer Route to Europe Sail fmm OnnhA rm an " 1-"tti nr . n ihn Atlantic" and enjoy two days tailing down the hiBtorio t. Lawrence. Less than 4 dava open aea. Everything Canadian Pacific standard none better. Quick connection from the chief Ameri can oitiea take you aloncsioe the ehip. Othe- e cellent steamers from Montreal. li-verT possible service to travelers cheerfully Offered. -k for Xrans-Atlantio booklet 2o. S3(! y. A. Johnaon, Canudia-n Pacific Ry.. cor. 3d and Pine Bta., Portland. Main 00, Or any Railroad or Stamhln Agent. Experienced Housekeepers Demand Advertised Goods Here are the exact words of an experienced housekeeper: "The goods I buy continually are those that are advertised widely and at tractively in my favorite newspaper. I want no better guarantee than 'continued advertising When I see goods persistently advertised In a reliable newspaper I am certain that they are reliable for I know that a firm is not going to spend large sums of advertising a product unless that product has merit." This statement proves that It is mighty poor policy for merchants to attempt to sell to good customers any unknown, non-advertised goods which are guaranteed neither by the merchant nor ry the manufacturer. the purpose. In order to assist the Festival promoters to that extent It was necessary for The Dalles, Portland & Astoria Navigation Company to can cel the Gatzert's trip that day. The San Francisco & Portland Steamship Company has donated the steamer Beaver and service for the en tertainment of several hundred guests aboard. On the Gatzert with the royal party will be Mayor Albee. the board of governors of the Rose Festival As sociation and other Important person ages, as well as out-of-town' delega tions. On tho flagship Beaver will be other delegations and invited guests under the chaperonage of Captain E. W. Mason. Both vessels will be hand somely decorated. COMPLEXIOX TROUBLES Summer's sun. Write for free sample MantlsanHn T 1 . . .3 I 1 . i . ...... i-1 . . . j ii Uliu oillllfs ucisua how to avoid, these annoyances, men tioning your druggist's name. Esben cott Chemical Laboratories, Portland. GOVERNOR STRONG INVITED Chamber oi Commerce Invites Ex ecutive to. Speak Before Body. To promote trade between Portland and Alaska, the Portland Chamber of Commerce has invited J. F. A. Strong, Governor of Alaska, to visit Portland on his return from the East. Governor Strong is expected to arrive in Seattle today or tomorrow. If he accepts the invitation he will probably arrive in Portland next Mon day. The Chamber of Commerce will give a luncheon in his honor. Try Santiseptic Lotion after shaving. Adv. Cleo Colonial Pumps And' Other Styles a Our Shoes have a good reputation. Do you know why? Because e sell new, up-to- date styles, worth $3.50 to $5.00, for only $2.50 CUSTOM GRADES 3.90 a m 129 4th Stbet hoe S tore WashinStonA Alrlpn Shoes for Men and "Women. The Shop That Saves You Money. ELKS SPECIAL TRAIN SATURDAY. MAY 23 via OREGON-WASHINGTON RAILROAD & NAVIGATION CO. " - . to attend DEDICATION NEW ELKS' TEMPLE SEATTLE, WASH. Leaves Portland Union Depot 9:30 A. Saturday, May 23d; arrives Seattle 4 P. M.. Return May 24th. Fare $7.50 round trir A - 1 . . 1 1 1 1 . oecure tickets ana mane au arrangements at Elks Temple. ALL ELKS' BAND GOING COMMITTEE: Monroe Goldstein W. I. Harris R. M. Eecles T. O. Daly Fred W. Wagner, Chairman. w HAT more delightful than a day in the country with luncheon and good old Gambrinus to wash it down and freshen you up for the journey home? Order a Case Today Call Up Main 49 or A-1149 Prompt Deliveries f5ff Gambrinus Brewing Co. Portland, Oregon . table joy! i " m ' m CALIFORNIA HOME brand TOMATO CATSUP is made from whole red-ripe tomatoes. "We do not pack or can tomatoes the FULL RED MEAT OF THE BEST RIPE TOMATOES, SPICED TO A TASTY GOODNESS, COMES TO YOU IN THIS BOTTLE. llSji 1 JJN TJtliiS iiUTiLE. . p f TOMATO CATSlPjl tLia s A nritr ha. ff1-' Tfc munim Jll,wwm ""V If j keen proven In the FEU. Fir.j prlW'7it,.. 5S.r'L. KRAt. Court and in thousand. iPSP "d 'ft 1 1 jppi ' - L 1 'r--3nT.wwr ' 3 ; ii Don't let the dish washing spoil the memory of a good meal. Use LID) GWST It quickly makes dishes, pots, pans and all cooking utensils clean and sweet. Use it for cleaning everything.. 5c and larger packages. - CHICAGO "Lmt thm BOLD DUST TWIHS o jrow rartk"