8
THE MORMNG OREGOXIATT. WEDNESDAY, OCTOBER 21, 1914.
i
4 .
WRONG MAH HELD"
FOR FIRE, IS PLEA
Defense Admits Blaze in Home
of Max Albert Was Set, but
v. Exonerates Owner. "
I EXPOSURE IS PROMISED
i
Attorneys Spring Surprise by De
claring Arson Is Sustained and
Providing Alibi for Client.
Jury Is Drawn.
Counsel for Max Albert, who is on
trial in Judge McGinn's .court on a
charge.- of setting his Alberta home
afire to defraud insurance companies,
sprang a surprise yesterday when it
admitted the fire which led to Albert's
indictment was incendiary.
' In his opening statement Attorney
E. B. Seabreok, who, with W. A. Car
ter and A. H. Dibble, is defending Al
bert, said the defense would admit the
fire was set and would expose the
guilty one before the trial is concluded.
An alibi for Albert, the defense be
lieves, will show that he could not
have lighted the fire himself.
Deputy District Attorneys Collier
and Hammersly who are prosecuting
Albert, evidently expected a denial
that the fire was of incendiary origin,
and produced & number of witnesses to
show the blaze did not result from
accident. The case made rapid prog
ress yesterday, a jury being draen in
two hours and a half, and several wit
nesses were put on the stand by the
state during the afternoon.
Incendiary Clews Reported.
- Attorney Collier, in his opening
statement to the jury, said it would
be shown beyond doubt that the fire
was of incendiary origin. He said wit
nesses would testify that a couch was
found soaked with oil, that a. burning
candle, set in a rubber overshoe con
taining oil, was found in the house
when the first persons entered after
the fire alarm, that matches, rags and
paper had been placed about the rooms
so that three different candles set
burning by the firebug would com
municate their blazes to different
parts of the house.
Mr. Collier said it would be proved
that Albert lived in another house be
fore he moved to 848 Sumner street,
the scene of the fire, and while there
he tried to arrange with the owner -of
the building to permit him to burn his
furniture by an incendiary fire there,
but could not come to terms. It will
appear in the testimony, said Mr. Col
lier, that Albert then told the bouse
owner he would move to another loca
tion and burn his furniture.
Alibi Is Asaerted.
A perfect alibi was set up for Al
bert by Attorney Seabrook in his open
ing statement for the defense. On the
night of the fire, November 18, 1912,
he said, a party was held at the home
of friends of the Albert family, to cele
brate the betrothal of the defendant's
sister, and Max Albert left his store
about 8 o'clock and went to the party,
his family having preceded him, leav
ing the Sumner-street home shortly be
fore 6 o'clock. Upon their return home
about 11 that night they found the
place had been burned.
John Auterson, who lived within 100
feet of the Albert residence at the time
of the fire, told of conditions in the
house when the fire was discovered.
Auterson said he answered a neighbor
hood alarm and climbed through a win
dow and put out most of the fire with
a garden hose before the fire depart
ment arrived. He said he found a
three-inch candle burning on the floor,
surrounded by matches and other litter.
The house was bare of clothing, gro
ceries or other effects, there being a
small amount of furniture only.
I'lre Captain on Stand.
V. C. Morrison, captain at the Al
berta fire station, testified that he ar
rived soon after the fire was discov
ered and found in the house candles
that appeared to have been extin
guished shortly before, matches being
piled around them. -There was but
little furniture or other property in
the place, he said, and the circum
stances aroused his suspicions. He said
it looked like the house had been set
on fire.
Walter Geren, special agent for Dis
trict Attorney Evans, drew a diagram
of the Albert premises, which was sub
mitted to the jury for thoir informa
tion. D. R. Atkinson, Oregon agent for the
Northern Insurance Company, testified
that when he visited the Albert prem
iss a day or two after the fire he
found a small sack of salt was the only
article in the larder. A few old rags
were found, but no clothing and but
little furniture was in. evidence. He
testified that there-was a much smaller
quantity of furnishings than that set
forth in Albert's claim of loss.
He testified a policy of $1250 waa
written on the Albert furnishings when
the family lived at lllii East Twenty-
fifth street North, and the policy was
transferred when they moved to the
Sumner-stree house. - This policy was
. written in September, two months be
: fore the fire.
i ENSIGNS NAMED IN MILITIA
; Xary Department to Have States
; Send Men Through Canal.
C. R. Peckins, boatswain's mate; C.
A. Dyer, boatswain's mate, second-
jrlass, and Stanley Young, chief yeo
man, of the Oregon Naval Militia, have
passed examinations as ensigns and
will be appointed temporarily by Lieu
tenant-Commander Blair, they being
slated to undergo another examination
early in 1915, and their success in that
will determine whether they are to be
given commissions.
It is announced from 'Washington
that a plan is under consideration to
send the Naval Militia of the Eastern
states through the canal in February
when the international fleet moves to
San Francisco. The general board of
the Naval Militia ,1s in session there
and Secretary of the Navy Daniels has
asked for recommendations as to the
trip and other matters having to do
with increasing the efficiency of the
citizen-sailors. Naturally the Oregon
men are interested deeply in the pros
pects of a canal trip if they are picked
to help man the battleship Oregon.
Xevts From Oregon Ports.
ASTORIA. Or., Oct. 20. (Special.)
The steamer Celilo shifted last night
from Linnton to St. Helens to complete
her cargo.
The steam schooner Multnomah fin
ished loading lumber at the Hammond
mill today and shifted to St. Helens.
The tank steamer Maverick and the
steam schooners Daisy GaUsby and
Yellowstone, which have been delayed
for a couple of days, went to sea to
day.
The tank steamers William F. Her
rin and Frank 11. Buck arrived today
from California with cargoes of fuel
oil for Portland. . ,
The steamers' Alvarado and Paraiso
from San Francisco, via Coos Bay, with
general cargo for Astoria and Port
land, arrived this morning.
The steam schooners Northland and
Yosemite, with general cargo for As
toria and Portland, arrived this morn
ing from San Francisco.
The British bark Invercoe left this
morning for Portland, where she is
under charter to load grain for Europe.
N. J. Judah resigned his position to
day as editor of the Astorian to assume
his duties as inspector of the customs
service.
The American-Hawaiian steamer
Montanan arrived from Portland to
night and sailed for the Sound.
The steamer Quinault arrived tonight
from Portland and St. Helens with
cargo for Southeastern Alaska and
sailed later.
The British ship Kirkcudbrightshire,
grain laden for the United Kingdom,
was shifted to the lower harbor today
and will go to sea tomorrow.
COOS BAY, Or., Oct. 20. (Special.)
Rough and uncertain weather along; the
Oregon coast is costing shippers and
vessel-owners many thousands of dol
lars, and conditions have been worse
at Coos Bay than for several years.
REPUBLICAN CANDIDATE FOR
t .4 1 I ;Jk VHfr
'""'; " . I
. Dr. Janes Wlthycombe Discussing Livestock With Sherman Count; Citizens. .
The accompanying picture reveals the' reason' for Dr. Withyeombe's popularity . with the farmers of
Oregon. He meets them on their own ground, discusses 'their problems with them, knows their needs, and as
Governor would be suited well to deal with them intelligently. Moreover, Dr. Withyeombe's geniality and
his interest In the welfare of the farmer is not with him a political acquirement or an exigency of his
candidacy for Governor. Those who have previously met him remark that he is the same, running for
.office or otherwise. The photograph was taken at a. time when Dr. Wlthycombe was not a candidate for
office and shows him discussing the fine points of livestock with Sherman County farmers.
There are craft in port now with loads
which have been delayed for eight days,
others from five to - three, and today
the Nann Smith completed loading and
was unable to proceed to sea.
The gasoline schooner Rustler has
been loaded with provisions for Port
Orford and Rogue River for the past
ten days, and there is reported a short
age of supplies in 'those sections. Both
the Umpqua River canneries have besn
shut down for the past seven days.
while thousands of dollars' worth of
fish are passing up the river. The
Tillamook, which put into Yaquina
with the castaways, Sprague and Van
Burger, is barbound and has cans for
the. Umpqua industries, and the gas
schooner Patsy is inside the Columbia
bar with more cans.
The weather is Btill stormy and the
loss all around is piling up in heavy
figures. The gas schooner Roamer,
which plies between Coos Bay and the
Siuslaw River, also is barbound at
Florence, and it is probable the Flor-
ence canneries will-be- obliged to put
up with severe losses. The Kyle can
nery, on the Siuslaw, had receipts of
7000 silversides last Thursday. The
tug Gleaner, which makes weekly trips
from Gardiner, failed to arrive last
week.
Soundings on the Coos Bay bar show
the depth has steadily decreased since
September 17, when there was 17.7
feet, and the soundings of October 8
showed but 17. All the advantage
gained by the dredge Michie was swept
away in two weeks. The Michie has
worked but two shifts since the order
came to resume work.
The steamship Geo. W. Elder is due
tomorrow from Portland and will
probably cross in, as the advantage Is
with vessels Incoming.
FLORENCE, Or., Oct. 20. The gaso
line schooner Roamer bound for Coos
Bay was held up here for several days
last week owing to stormy conditions
outside.
The lumber barge Laurence, owned
by the Tidewater Mill Company, of
Florence, with approximately 50,000
feet of lumber for San Francisco mar
kets, also was barbound.
Marconi Wireless .Reports.
(All positions reported at 8 P. M., October
. 20, unless otherwise designated.)
Herrin. Gavlota for Linnton, anchored off
Astoria.
Stetson. Tacoma for Pan Francisco, 70
miles south of Cape Flattery.
Leelanaw, San Francisco for Union Bay,
75 miles from Port Angeles. '
Ouecn. Seattle for Han Francisco, four
miles south of Cape Flattery.
Richmond. Richmond lor Seattle, 5SS miles
from Seattle.
Coronado, Aberdeen for San Francisco, 10
miles south of the Columbia River.
Maverick. Portland for El Segundo, 110
miles south of the Columbia River.
El Sexundo, Point Wells for Hichmond, off
New Dungeness. '
Governor, Seattle for Sound ports," off
Seattle.
Lenard, southbound, off Pine Island.
Alameda, southbound, due at Ketchikan
at 10:.!0 P. M.
Mariposa, northbound, off Pine Island.
-Victoria, Seattle for Nome, 4SO miles west
of Care Flattery.
Northwestern, westbound, left Skagway 1
A. M , October 20.
Enterprise, San Francisco for Honolulu,
1340 miles out, October 19, s P. M.
Hyailes, Seattle for Honolulu, 1421 miles
from Cape Flattery, October 19, S P. M.
Bear. Portland for San Francisco, off
Point Arena.
Admiral Dewey. San Francisco for Seattle,
20 miles north of Point Reyes.
Admiral Schley. Seattle for San Francisco,
194 miles north of 3an Francisco.
Santa Clara. San Francisco for Port San
Luis. 18 miles south of Pigeon Point.
Lansing;. San Francisco -or Port Harford,
33 miles south of San Francisco.
Topeka, San Francisco lor Eureitt, sz mnes
north of Point Reyes.
Colonel Drake. San Francisco for Seattle,
23 miles south ot Northwest Seal Rocks.
Argyll. .Seattle for Oleum, 70 miles north
of San Francisco.
Kllburn. Eureka for San Francisco, 120
miles north of San Francisco.
Arollne. San Pedro for San Francisco, 27
miles south of point Sur.
Whittier, San Francisco for Port San Luis,
GO miles south of San Francisco.
Oleum, San Francisco for San Pedro, 31
miles south of Point Sur.
Chatham, Essie Harbor for San Francisco,
176 miles north of San Francisco.
Windher. Belllngham for, New Tork, 60
miles north of Cape Mendocino.
Nome City. Everett for elan Francisco, off
St. Georges Reef.
Redondo. San Francisco for Coos Bay,
eight miles north of Northwest Seal Rocks.
Hanalel. Eureka tor pan Francisco, 36
miles south of Blunts Reef.
Santa Maria. Honolulu for Port Harford.
tt37 miles from- Port -Harford, October 19,
3 Fanta Rita. Port Harford tor Honolulu,
1513 miles from Port Harford, October 19,
S P. M.
Asuncion, San Dlstro for El Segundo, 20
miles from El Segundo.
Columbia, Santa Barbara for San Fran
cisco, five miles west of Santa Barbara,
Damara. San Pedro for San Francisco, 28
miles west or San Pedro.
Rose City, San Pedro for Pan Francisco, 30
miles east of Point Concepolon.
Edgar H. Vance, San Francisco for New
Tork. 919 miles south of San Francisco.
Tides at Astoria Wednesday.
High. Low. "
1:10 A. M 7.7 feet!7:55 A. M 2.1 feet
1:4 P. M 10.O feet :6 P. M. . 1.4 feet
Motorcycles are becoming popular In the
Philippinea, ... i
LINER PARTLY SAFE
Steamer Santa Catalina May
Be Rebuilt, Says Expert.
LOSS ABOUT 40 PER CENT
Fire on Freighter Xow Smoldering
and Cargo Investigation to Be
Feasible Soon After ' Water Is
Pumped Out of Craft.
"Repairs can be made to the steamer
Santa Catalina beyond any question,
and I would say that at the outside she
is not damaged 40 per cent, though it
GOVERNOR UNDERSTANDS PROBLEMS OF OREGON FARMER
has not been possible to make an ex
amination," said Captain L. Veysey,
surveyor for Lloyd's, last night, after
having spent part of yesterday at Co
lumbia City, where the fire aboard the
vessel was rapidly being overcome.
The nreboat David H. Campbell re-
turned to Portland last night, the fire
having been practically extinguished.
Captain W. C. McNaught, surveyor
for the San Francisco Board of Ma
rine Underwriters, which has the
cargo covered, was at the scene with
Captain Veysey. Assuming that there
will be no further trouble from fire
today, it Is intended to arrange for
pumping the vessel out, as there is an
immense amount of water below.
Ship to Be Towed Here.
Considering that about E00 tons of
fuel oil has. been consumed, that some
of her cargo has been destroyed and a
large Isnount of weight eliminated
through the destruction of her house
and where the 'tween decks were gut
ted, it Is believed that she may be
floated without resorting to dredging.
The ship will be towed here to be
cleared of all cargo that the survey
may proceed to ascertain, the amount
of damage and make recommendations
as to repairs.
The fire spread yesterday so that it
gained a foothold In the strong, or
specie room, where 60 barrels of
whisky were carried as cargo. With
such a quantity ot alcoholic fumes
added to the flames it waa not easy
tasy to master it but blankets and
other materials were used about the
door to make it tight and the com
partment was flooded from above
through a ventilator.
Engines May Be All Right.
The damage has been principally con
fined to the refrigerator compartment,
the shelter deck and No. 3 'tween deck,
in addition to that in the engineroom
and fireroom.
Captain Rose, master of the vessel,
said yesterday that he did not think
the engines and other parts had been
damaged beyond use and as everything
was flooded it was not possible to get
an idea of how much that department
had suffered.
With the exception of steel products,
of which there is said to be close to
1200 tons, the cargo has been damaged
by fire and water. The load totaled
2000 tons and about 800 tons is classed
as badly damaged.
United States Inspectors Edwards
and Fuller began an investigation yes
terday and will continue today. It la
thought that Captain T,ose and the
chief engineer of the ship will file re
ports at once. Meanwhile the testi
mony of important members of the
crew will be obtained.
SAILOR'S CAPTURE WORTH $50
Celestial From British Tramp Strath
dene Ca'uses Action Against Ship.
Any person apprehending Lo Nee, Ce
lestial, late resident of Callao and more
recently an able seaman aboard the
British tramp Strathdene, will be en
riched by the skipper of that carrier
to the extent of 150. Lo Neg disap
peared yesterday and the master of the
steamer immediately notified Im
migration Inspector J. H. Barbour, also
announcing that he had posted a re
ward. When the Strathdene waa at
Callao she was short a sailor,, so the
almond-eyed one was signed and evi
dently he simply wished to change his
place of residence.
On the occasion of the visit here last
month of the Strathord, of the same
flag, the skipper graciously permitted
five Chinese to go ashore and one is
yet there. For that he was charged by
Federal authorities with allowing the
delinquent one his liberty ana was
given a hearing. Bonds in thesum
of 1000 were demanded and the court
is waiting to hear arguments before
deciding whether punishment Is to be
imposed.
TEXAN IS IJf CASAIi TODAY
Montanan Sails for New York and
Kebraskan Is Bound Here.
On the reopening of the Panama
Canal yesterday after it had been im
passable for the past few days ' be
cause of a slide at Culebra Cut. the
American-Hawaiian line arranged for
the steamer Texan, westbound from
New York, to pass to the Pacific to
day. A telegram to C. D. Kennedy,
Portland agent, notified him yester
day that ships waiting on this side
would continue their eastward course
between today and Friday.
The liner Montanan sailed from Port
land at 10:30 o'clock yesterday ria
Puget Sound and San Francisco, car
rying a straight New York cargo from
here of 600 tons, of which 660 'tons
were prunes and trie remainder canned
goods and miscellaneous freight.! The
liner Nebraskan gained the river
early yesterday and was In port last
evening. She sails for New York and
Boston Sunday. The vessel Is bringing
543 tons of general cargo. The liner
Kentuckian is scheduled to arrive
Sunday and sails Tuesday and the
Honolulan comes November 6. depart
ing; November and is followed No
vember 14 by. the Iowan, which sails
November 18, the same day the Ot
kotan arrives, and the latter gets away
November 22.
GALE DIES BUT TIDE HIGH
Vessels at Astoria Go to Sea .When
Storm Blows Itself Out.
ASTORIA. Or.. Oct. 20 (Special.)
The southerly gale that has been raging
along the Coast for several days ap
pears to have blown itself out. The
seas outside are smooth comparatively,
and all waiting; crafts were able to
proceed to sea. The barometer, which
dropped to a low notch on Sunday, is
still going up, indicating good weather,
although the electrical storm during
last night is said by some to mean un
settled weather conditions for at least
10 days. -
The highest tide of the season thus
far occurred at 1:04 this afternoon,
when it registered 10.1 feet.- Fortu-
nately the gale had subsided or the
water might have risen .considerably
higher. Aside from the flooding of a
few cellars no damage was done.
ATLANTIC DCE XEXT WEEK
Pacific Also Eji Koute to Portland
After Paget Sound Stop.
More engine trouble is said to have
developed aboard the new steamer At
lantic, now at San Francisco on her
way to Portland as the vanguard of the
Boston-Pacific line. Her arrival has
been postponed again until Monday.
The Atlantic being new it is said her
machinery was hot thoroughly adjusted
and developments on the run through
tne canal resulted in changes being de
termined that are now under way.
The Pacific, her sister ship, is also
en route, but goes to Puget Sound first.
Cargo is being assembled for the Atlan
tic and she will have flour, canned
goods, lumber, hopa ana other Eastern
shipments from - here with enough
ireigni irom tjainornia Harbors to give
her a capacity load. By the time the
second ship has reached this side the
company, will be more thoroughly or
ganized and steps taken to Increase
the fleet with vessels from the- Emery
line, of Boston, which Is backing the
new enterprise.
Sale of Jetty Bonds Urged.
FLORENCE. Or., Oct. 20. (Special.)
A meeting of the commissioners of
the Fort of Siuslaw was held here Sat
urday and a large delegation of local
business men attended to urge that the
commission sell the recent issue of
bonds to the amount of 1 100.000, and
place the money in the hands ot the
Government engineers "In order that
work on the Jetty may go forward with
out delay.
This issue of bonds was ordered some
months ago by the Dort commission
but was delayed in the hope that the
rivers and harbors bill would be passed
containing an appropriation for this
work.
CHAMBERLAIN AT SALEM
SENATOR ADDRESSES 1300 PERSONS
AT OPJiUA-HOLSE.
Wilson's Administration Is Defended,
Tariff Step Is Praised and West
t and Smith Are Upheld.
SALEM, Or.. Oct. 20. (Special.)
Lauding Dr. C. J. Smith. Governor West
and the Wilson Administration, and
defending his record in the United
States Senate, George E. Chamberlain
Democratic candidate for re-election,
addressed about 1200 persons in the
Grand Opera-house here tonight. The
Senator spoke for more than two hours.
The speech was virtually the same
one Mr. Chamberlain has been making
since his return to Oregon. He said
the Wilson Administration had passed
more constructive legislation than any
possibly since the time of Washing
ton. The reduction of the tariff waa
especially praiseworthy, he said. The
speaker declared all parties had for
some time been pledged to a revision
of the tariff downward, and the Wil
son Administration would have been
recreant to its trust if It had not
passed such a bill.
"Watchful waiting was praised by
Senator Chamberlain. He said that if
that policy had not been pursued leg
less and armless men would be coming
home in this country now, as in Eu
rope, for wives, sisters and mothers
to support.
The Senator said he. Governor West
and Dr. Smith had been considerably
Vilified during this campaign.
Declaring that but for duty inter
posing he would have returned to Ore
gon oftener to be with his friends, he
added:
"You know I am a gregarious kind
of person. I like to be with my
friends."-
He declared once he waa positive he
would be returned to the Senate.
"There are but two men In this
race, observed the Senator; "I won't
name them, but you know who they
are." '
Senator Chamberlain spoke this aft
ernoon at Silverton, Mount Angel and
Woodburn.
Chamberlain Heard at Silverton.
SILVERTON. Or.. Oct. 20. (Special.)
Senator George E. Chamberlain, who
was scheduled to appear in this city
Tuesday, arrived this morning and was
met by a delegation of business men.
He had intended only to visit during
his short stay, but was prevailed upon
to give a short talk, which he did.
About 150 people assembled in a few
momenta to listen to his remarks:
SPECIAL ACT IS VOIDED
srPREXB COURT THROWS OUT SI IT
TO RECOVER 106,000 ACRES.
Justice Harnett Holds Charles Altchul
Should Start Action Where
Lasd la Located.
- SALEM, Or., Oct. 20. (Special.)
The Supreme Court today. Justice
Burnett writing the opinion, reversed
the decree favorable to the plaintiff
and ordered the suit dismissed in the
case of Charles Altchul against the
state to quiet title to 106. Out) acres of
land in Linn and Crook counties.
- . It waa held that the act passed by
the last Legislature , authorizing
AltchuL who alleged that he was suc
cessor in interest of the Corvallis A
Yaqulna Road Company, is a special
law and not constitutional.
Congress In 186 passed an act grant
ing to the state certain lands to aid in
building a military road from Albany
to the eastern border of the state. The
Oregon Legislature in the same year
granted to the Corvallis & Yaquina
Road Company the lands in considera
tion of -it building the road.
Altchul averred in his complaint that
the United States issued 23 patents
conveying the realty comprised in the
patents to the grantee of the state.
but that through a clerical error the
first patent was Issued to the state "for
the use and benefit of the Willamette
Valley & Cascade Mountain Military
Road Company and its assigns."
Justice Burnett holds that inasmuch
as the property - Is situated in Linn
and Crook counties, the Legislature
had no right to fix the venue for
litigation in Multnomah County.
Other opinions today were as fol
lows:
George M. Cook et al.. appellants, against
City of Portland et al. ; appeal from Mult
nomah County, Invalidating; assessment of
Karl street, reverseo.
Joseph L.. Lapp, appellant, against City of
Marshueld: appealed from Coos County,
enjoin street assessments, modified.
( lacKamas southern Kallroad Company
What
Not long ago the IT. S. Gov't made some experiments to determine the
poisoning qualities of caffeine (the drug in coffee).
Twenty-seven healthy cats w ere given an average dose of 5 4-5 grains of
caffeine about as much of the drug as is contained in 2 cups of coffee.
What do you suppose happened?
The Cats All Died!
See Gov't Bulletin No. ,148, Bureau of Chemistry.
Of course, they were only cats.
But there are plenty of people who dose themselves with enough caffeine
every day to kill a cat and Cripple a Man, not at one blow, but by little
blows repeated daily.
Of course some systems are strong enough to stand all kinds of abuse, but
most systems are not. And when a man or woman observes a growing nerv
pusness or sleeplessness, heart trouble, stomach, bowel or eye disturbance,
it is time toquit coffee and turn to a real food-drink, free from, the coffee
drug, "caffeine."
It is easy .to shift from coffee to
for in POSTUM one gets a delicious drink with the true nourishment of
whole wheat, from which it is made. Postum is roasted (like coffee) with
a bit of wholesome molasses, looks like coffee and has a delightful flavour
resembling Old Dutch Java, but is entirely free from the coffee drug, caf
feine, or any other drug or harmful substance.
Postum comes in two forms: Regular Postum, which must be boiled.'
Instant Postum soluble form made in the cup instantly with hot water.
Grocers sell both kinds and the cost per cup is about the same.
"There's a Reason"
for POSTUM
against John H. Vick. appellant: appealed
from Clackamas . County, to recover isoney
sutecrlbee for stock, revvrsetl.
J. C. Rofeertson afrainst L. B. Frey. ap
pellant; appealed from Marlon Connty, to
recover dam(ci lor fraud and deoeit. af
firmed. -
Edward L. Matthews ssatnst Travelers"
Insurance Company, appellant, appealed from
Multnoman county, to resww on aociaent
policy, reversed.
Martha Houston aralnat Orpha Oretner,
appellant: appealed from Linn County, to
annul deed, modified.
Calestro Martini. amellant. aralnst Ore
gon-Washington Railroad Navigation Com.
pan y ; appealed from Multnoman county,
damages for personal Injuries, affirxneoL.
Milton W. Seaman against Merchants Na
tional Bank, appellant; appealed from Mult,
nomah County, suit for money, reversed.
In matter of determination of relatlvs
rlchts of various claimants to waters of
Willow Creek and tributaries, decrees ot
Malheur Clreult Court modified.
Marine Xotes.
Cables to the Merchants' Exchange
yesterday included one of the arrival
at Ipswich of the German bark Ossa,
which was taken as a prise by the
British naval forces and escorted Into
Dunkirk, from where she moved to
Falmouth and finally to Ipswich, where
she ended her voyage Saturday.
Found guilty of "carelessness and
negligence, because of the manner In
which he navigated the Wlllapa Harbor
bar as master of the steamer Solano,
which struck there recently. Captain
John Lundstedt had his license sus
pended for a period of SO days yester
day by United . States Inspectors Ed
wards and Fuller.
Arrangements were made yesterday
to shift the tramp South Pacific from
Montgomery dock to the bunkers so
she could take on 75 tons of coal and
return to Montgomery in time to re
sume loading wheat this morning.
At the headquarters of the Seven
teenth Lighthouse District it was re
ported yesterday that the outside gas
buoy, marking the north side of the
channel across the bar, was relighted
yesterday, also the Clatsop Spit gas
buoy. Both were reported out Monday.
Unless weather conditions are decid
edly unfavorable the flagship Beaver.
Of the "Big Three" fleet, is to be lifted
on the public drydock today for clean
ing and painting.
Happened
to the
i, -
7 J ) )
PRIZE COURT AWAITED
STATE DEPARTMENT DELAYS
TION IN TANKKH'S CASK.
AC-
V ease I Formerly Ovrarcl by Gernul
Sabaldlary of Staadarel Oil Now
tm Virtually Sasae llaada.
WASHINGTON. Oct- 0. Information
was submitted to the State Department
by the Treasury Department today
showing that there was no actual
change of ownership Involved in the
transfer .from German to American
registry of the tank steamship Brin-
dilia. which has been captured by a
British cruiser and towed into Hall
fax. The Brindilla. formerly the City
of Washington, belonged to the Relter-
mann line, of Hamburg, a subsidiary of
the Standard Oil Company, which cor
poration after the European war be
gan took over the vessel and put her
under the American flair.
These facts were called to the atten
tion of Sir Cecil Spring-Rice, the Brit
ish Ambassador, when he called at the
State Department In connection with
the case. Later it was said at the
embassy that no action could be taken
pending -a decision by the prize court
at Halifax. It was recalled, however,
that several Standard OH steamers had
changed their registry from German to
American with the knowledge and sym
pathy of the British Consuls in whose
districts the change occurred. From
the facts so fax presented State Depart
ment officials see no warrant for the
condemnation of the ship by a prize
court, though they are not disposed to
question the propriety of the seizure
of the ship in order that her status
might be developed. ,
It is expected that the Department
will await the proceedings of the prize
court, taking no action unless it ap
pears there Is likely to be a denial of
justice or in the course of the trial
some Issue arises regarded as vital and
affecting the sovereignty of the United
States.
Gats?