THE SUNDAY OREGONIAN, , PORTLAND. MARCH 22, 1903.
AGAINST THE FIELD
the property. John McDonald and wife,
Arthur Davenport and Benjamin Smith.
The building Is leased by the plaintiffs
from year to year to the printing com
pany and Peter A. and Maurice M. Bin
ford. There is a party wall used in com
mon by the plaintiffs and J. A. Strow
bridge. who owns the brick building on
the south. It Is alleged In the complaint
that the presses while In operation cause
great jarring and vibration of the ad
joining floors and walls, and that this is
liable to causa much damage to the ad
joining buildings by cracking and weak
ening the walls, supports and chimneys.
It Is also stated that Mr. Strowbridge has
threatened to commence a suit for dam
ages. Affidavits have been filed showing that
a chimney In the Strowbridee buildinsr
IN SECOND DEGRE
SITE OF PORT OF PORTLAND DRYDOCK.
Hermann "Battles for Con
gressional Nomination.
DeFalco is Found Guilty of
Murder.
HIS OPPONENTS MAY COMBINE
BUT HE IS SAVED FROM HANGING
Coming Election la First District
Colls for Much Maneuvering: to
Gain, the Balance of Power- '
t" Democrats Are Hejiexal.
was so damaged recently that as a mat- I
ter oi protection from fire the stoves In
the building had to be removed. Richard
Martin. Jr.. an architect, has signed an
affidavit which states that the Jarring
caused by the running of the presses will,
if continued, cause damage to Mr. Strow
bridge'3 building.
Insanity Plea Results In Verdict
Whlck Will Make Life Imprison
ment the Penalty for K.111
inr His Wife.
Ringer.. Hermann's candidacy forCon
gress casts a long, deep shadow In the
First District. The shadow runs ahead
of the gentleman so far that some people
are not mlte sure from -whose- portly
form it falls. But the sun of politics Is
mounting higher dally. Within a week
or 10 days the sun will be so high that
Hermann will bo even with his shadow.
Nearly all the political weather vanes
point toward the Hermann camp at this
time. The stories that come floating down
from the First District all show that the
ex-Land Commissioner's toboggan slide Is
the best greased of any candidate's. Her
mann himself is greasing the slide as best
he can; but, of course, through his friends,
In whose benevolent care he reposes.
Hermann says he Is taking no active
port in the contest for the Republican
nomination. But Just the same he is "gal
livanting" over the country to see that
his political fences are In such tiptop
order that nary a voto may get away.
"Last week Hermann was on the
"West Side," up in Polk and Benton and
Tamhili and Washington Counties. Polk
end Benton are good game, and he needs,
them In his business. If he can get them
he can perhaps snap his fingers at the
other gentlemen, and twit them with
"Now. what are you going to do about
itr ,
The Hermann people figure on having an
easy majority In the district convention
which will be held in Eugene Thursday.
April 9. Most of their votes in that con
tention wil be from Southern Oregon.
The holding of primaries will begin this
week and by a week from next Saturday
the 173 delegates will have been chosen.
Elgty-seven votes will be necessary for
nomination, and it looks as if Hermann
Is fated to get that many, or at least to
come exceedingly near to that number.
The following will bo the apportionment
of delegates:
Benton
ra&rkamas 1'
Lincoln 4
Linn 13
Coos S
Marlon - 22
Polk 9
Tillamook 5
Currv 3!
Douclas 14
Jackson 12
Josephine .'. 7
Vtomotll 4
Washington 14
Yamhill 11
T.lrft 41 Total -173
liane 19
The following counties, according to the
claims of Hermann nenenmen. win eenu
delegations to Eugene for Hermann:
Coos S, Curry 3, Douglas 14 Jackson 12,
Josephine 7. Klamath 4. Lake 4. Lane 19,
Lincoln 4. Tillamook 5: total, SO. The
Hermann crowd pays further that its
folks are aa the stars of Heaven for multi
tude in Benton. Polk and Linn Counties,
and that from those counties and perhaps
others will be drawn enough votes to
nominate.
Polk. Benton and Linn Counties are,
however, claimed by the Marlon forces,
whose champions are Gatch and Davey.
Both the Gatch-Davey and the Hermann
factions claim the allegiance of Washing
ton and Yamhill Counties also. The -hotted
of the fight for the Republican nomi
nation, manifestly, therefore. Is on the
'West Side." That Is where Hermann has
been using his mesmeric powers of
"friendship" during the past week. If
Hermann can weave his spell on the
"West Side." Marlon County's favorite
son won't co to Congress. If Marion
CJounfy's favorite son can weave that
spell, Hermann won't go to Congress.
Clackamas County is classed by the poli
ticians among the unknown quantities.
The wiseacres figure It out that the fre
quent bulletins. from Brownell that ho is
a candidate and that ho is not a-candl-date.
mean simply rthat tho Clackamas
statesman is Just as elldk as ever. If
Brownell likes to have himself talked
about that's what he's getting. If his
"confidential talks" are as vague as
wind that's nothing new. He and his
crowd, no doubt, will play for the balance
of power in the convention and will coquet
"With all candidates. Mr. Brownell wants
the nomination and wants it bad. but
just now he does pot appear to be on the
insldo track. Besides, if he were nomi
nated, some heartbreaking things might
be said against him in the campaign.
Democrats hint that If a bad odor has
vitiated tho political opportunity of Her
mann, it has done even worse with
Brownell. Aes thing's look now Clackamas
? -with its 17 votes, if they are all bound
up In a lump organization, might be
played so as to swing- the game for Her
mann. But if Hermann counts on them
he has temerity Indeed.
Brownell -went over into Washington
Count' yesterday no doubt to consult the
goblins there.
Tho enemies of Hermann declare that
that gentleman cannot possibly muster all
of Southern Oregon. They insist that
Vawter of Jackson, himself a possible
candidate, will not deliver his county.
They Insist that In all the county dele
gations dissenters from the Hermann
creed will bo found. They declare that
Hermann left a damaging record back at
"Washington In land office affairs;' that he
'has stood In with the land ring though
professing to bo a friend of the home-
"6teaaert that ho was kicked out of the
Xiand Office by the Administration, and
that although Hitchcock might have been
the toe of tho boot which did tho kicking,
yet the- President must have supplied tho
energy to the kick, els eHermann would
still be holding down the Job; that Her
mann, therefore, Is at outs with the
President; that to return Hermann to
Washington would "be an affront to tho
President; that a Democrat could wield
Just as much Influence at Washington as
Hermann, and more; that to put the ex
commlssloner back In Congress would be
just like bathing him in the fountain of
eternal life so far as other worthy Re
publicans might desire to bo elected to'
Congress in tho future; that the First
District once did well by putting him out
of Congress and could do better by keep
ing him out. etc. etc.
President Roosevelt will be In Oregon
about ten days before the election. His
visit is expected to stir up Republican enthusiasm-
Nobody expects Hermann to
win In election by the heavy majority by
which Tongue succeeded last June.
Tongue's plurality was 7S00 votes over
Weatherford. tha Democratic candidate.
It is generally conceded that the Demo
cratic candidate will cut into that plural
ity "next June, and some politicians think
that plurality may melt away entirely.
However, it is quite assured that Her-
maim would poll Democratic votes In
Southern Oregon counties; In fact. Demo
cratic leaders have confessed that ne
would do so.
If Harris should enter the race he
would make things exceedingly uncom
fortable for Hermann. Most people take
It that Harris entrance Into the lists
would sound a death-knell to Hermann's
aspirations. It is commonly conceded that
Harris would poll a larger vote than Her
mann, and that he might even approach
to Tongue's last plurality. But Harris
hae declared he is not In the game. He
gives personal reasons, and It may be that
these reasons are strengthened by those
' of policy, fox it Is well known that he Is a
member 6f'a political organization whose
purpose is to elect Hermann, as it was to
elect Fulton.
The specter of an Independent Republl-
VIEW OP THE WATER
can candidate against Hermann has been
a nlghtmaro to a few regular faithfuls of,
the party. It Is not likely, however, that
there would bo any sucn schism In the
party.
Politicians aro wondering whether Linn
County will bo for H. H. Hewitt or P. R.
Kelly, and whether either of these gentle
men. If In control, would prevent a fusion
with the Davey-Gatch' people of Marion.
But it Is not evident that either Hewitt
or Kelly is strenuously Jn the game. A
combination between Marion and Linn Is
regarded as possible, and even as prob
able. The Marion people claim also that
Benton, Polk, Washington and Yamhill
will swing into their orbit.
The sum and substance of the foregoing
is Just this: Hermann Is In the lead, and,
the raco is Hermann against the field."
From" present appearances Hermann will
have more delegates than any other can
didates. The problem with him now is to
get more delegates than all the other can
didates combined. If he cannot do this,
somebody else will get the nomination
perhaps Davey, or Gatch. or Vawter, or
Hewitt, or Kelly, or Harris, or Eddy
Mulkey or somebody else, or even
Brownell.
President Roosevelt's promise to Sena
tor Simon that George A. Steel would be
appointed register of the Oregon City
land office Was made both in black and
white and orally. It is Just as unequivo
cal as plain English can possibly be, and
If Senator Simon had written It for the
President to sign, it could not be in more
direct or chosen language. The letter
winds up with a positive assurance In sub
stance: "You may rely upon this promise-"
This letter has held up Dresser's ap
pointment, and It Is regarded as unlikely
that Dresser can get in. Evidently the
President, in the maze of business of his
office, lost eight of bis promise. But, as
the promise of the President of the United
States should mean that the promise of
the President will be fulfilled, the fortunes
of Mr. Steel are looked upon as quite
bright In political circles.
MORE PAY FOR TRAINMEN
O. R. Jfc X. Co. Grants Increase of
Wages to Employes.
The Oregon Railway & Navigation Com
pany has granted to tne treignt train
men employee on its line an increase oi
wages of 15 per cent; to trainmen em
ployed in the passenger service an In
crease of 12 per cent will be granted. The
question of helper service and double
header assistance will be settled by a
conference between company officials and
representatives of the trainmen some time
before Monday evening. It Is believed an
amicable arrangement can be made.
The settlement authorized by O. R. &
N. officials is in line with the agreement
entered into by officers of the Union Pa
cific and Oregon Short Line. The South
ern Pacific and other Harriman Interests
have also given to the trainmen a similar
Increase In wages.
A demand for an Increase in wages and
settlement of minor difficulties was
made upon O. R & N. officials about
six days ago by tho different branches'!
of the railway trainmen's organization.
They did not make any threats, but
asked that a conference be held and the
questions affecting their service be dis
cussed. The railroad officials promptly
granted the request and conferences have
beenjield between Superintendent O'Brien,
of the railroad company's service, and W.
R. Shephard and T. a Tillson almost dally
since Tuesday. Mr. Shephard is chair
man of the executive committee of the
Order of Railway Conductors, and Mr.
Tillson occupies a similar position with
the Brotherhood of Railway Trainmen
employed by the O. R. &. N. Last night
Mr. Shephard left for his home in Wallace.
Idaho, satisfied with the outcome of his
conferences. Mr. Tillson is still In the
city.
"We have granted the Increase In
wages asked by the railroad men," stated
Superintendent O'Brien last night, "and
I believe the other differences will be
settled before Monday evening. The rail
road and Its employes have had no seri
ous differences, and we were able to come
to an amicable understanding after a
thorough canvass of the situation. It
was found after Investigation that the
trainmen were entitled to the higher
wages, and they were granted.
"I am thoroughly convinced that the
other differences existing between the rail
road and Its employes will be settled by
Monday. We h&ve met in a spirit of
fairness, and the railroad has manifested
similar spirit In its dealings with Its
employes."
Would Have Burned Schoolmate.
TOLEDO. O.. March 21. A Bee special
from Findlay, O.. says:
On his way home from school. S-vear-old
Clarence Hummell was captured by five
schoolmates, forced to accompany them
down the Blanchard River outside of the
city limits and there, in a secluded spot,
was tied to a stake. Preparations for his
cremation were being made when the lit
tle fellow's cries attracted the attention
of workmen In the vicinity, and he was
rescued by them. Young Hummell's cap
tors had witnessed the production of
"Tracy the Outlaw." and In taiklmr It
over made plans for the capture and the
burning at the stake.
Teams Fix BoTrUngr Date.
SALEM. Or., March 2L (Special. The
Commercial bowling team of Astoria will
meet the Illlhee Club of Salem at this
place Saturday evening, March 33.
FROXT SOOTH OF ST. JOHNS, SHOWING THE BIGHT IX WHICH THE DOCK WILL BE PLACED.
BROKE FROM MOORINGS
DERELICT OFF THE COAST NOT
LUMBER SCUOOXEit.
Small Dismasted Vessel of No Value,
lnt a Menace to Navigation Loss
of Commandant Marchand.
ASTORIA. March 2L (Special.) The
bar tug Tatoosh returned this evening
from her cruise in search of the derelict
schooner that was reported adrift off the
mouth of the river, and while the schooner
was not sighted, enough was learned to
clear up the mystery. The Tatoosh took
a course south-southwest from the mouth
of the river, and after steaming about 30
miles, met a Victoria sealing schooner,
which reported having seen nothing ex
cepting the Tecently wrecked sealing
schooner off Gray's Harbor two days ago.
The Tatoosh then continued her course
about 60 miles, when she spoke the
barkentlne Omega, and her master clear
ed up the mystery. He said that last
evening he passed a small dismasted ves
sel. She was light, had no bowsprit, all
and a small todo was hanrinir from hr
bow. He thought the craft was some old
sealing vessel or yacht that had broken
adrift from some of the rivers, along the
coast. There was no water In the ves
sel, but she was not worth towing ashore.
Tho Tatoosh ran south a few miles fur
ther in the hope of sighting the craft, but
failing lo do so, returned to Astoria, after
a run of 176 miles.
NEW DRYDOCK SITE.
Captain Pease Says It Is the Best
That Could Have Been Selected.
The selection of St. Johns as a site for
the Port of Portland drydock meets with
the approval of shipping and rlvermen
generally. The location is that formerly
chosen by Wolf & Zwlcker for their ship
yards and drydock. They Intended to go
there with theTr plant, as they proposed to
engage In tho building of ocean vessels
and they could not find deep enough water
anywhere in :he city to launch the ships.
Among those best pleased with the selec
tion of tho St Johns' site Is Captain
Archie Pease, the river pilot. Captain
Pease will be a member of the new Port
of- Portland Commission and will have a
great deal to do with the operation of the
dock.
"The St Johns site." said Captain Pease,
"Is the best that could have been selected.
Pdo not believe there Is a better location
on the river. There will be no difficulty
In putting a shfp in or out of a drydock
there, as the dock will be parallel to the
current. There is ample room In the
river to turn a ship around, or otherwise
maneuver her, and the shipping of the
port will not be Interfered with In any
way. The location is a handy one for
workmen from the city and the price, I
am sure, is reasonable enough. There may
bo some trouble from drift during high
water, but Engineer Lockwood says he
can provide for that"
COMMANDANT MARCHAND LOST.
French Bark Was on Way to Ant
werp to Load for Portland.
A private cablegram was received yes
terday by T. W. Smith, manager of the
Northwestern Warehouse Company, re
porting the loss of the French bark Com
mandant Marchand, between Lelth and
Antwerp. The bark was to load at the
Belgian city for this port with general
cargo and was under charter to the North
western Company to load new crop wheat
here.
The Marchand left San Francisco Sep
tember 3 last, with a 563,000-cargo of wheat
and barley and arrived at Lelth January
27, after a stormy passage In which she
lost a auantity of her canvas. After dis
charging her grain cargo and taking on
ballast, she sailed from tho Scotch port
February 25, and was lost on the voyage
to Antwerp. Particulars of the disaster
were not received.
The Commandant Marchand was a steel
bark of 1731 tons, built at Nantes In 1900.
Her dimensions were 276 feet long, 40 feet
beam and 22 feet depth. She was owned
by Cle Maritime Franca Is e, of Nantes, the
owners of the French bark Due de
Aumale, now 1 this port, and the Desalx
and the General Faldherbe, which recently
carried out grain cargoes from Portland.
Captain Arneau was master of the Ill
fated vessel.
WHY DUMOXT WAS RETIRED.
Younuer and More Active Man Needed
In Steam Vessel Inspection Service.
The resignation of James A. Dumont.
for the past 25 years Supervising Inspector-General
of the Steam Vessel In
spection Sen-ice. and the appointment of
George Uhler to the place Is the direct
result of the revival . of criticism of the
service that followed the recent slow trip
of the American liner St. Louis, which
was due to her leaky boilers. Complaints
from some of the passengers of this vessel
went direct to Secretary Shaw and Pres
ident Roosevelt, with the result that it
was decided that a younger and more
active man should be put In the place of
Mr. Dumont. who is 79 years of age.
The place was first offered to Rear
Admiral Melville, of the Navy, who Is
-oon to retire from active service, but its
acceptance would have involved a loss of
pay and he declined. It was then offered
to Captain John W. Collins, Engineer-In-Chlef
of the Revenue Service, but was de
clined by him for the same reason. As
this service will be transferred to the
new Department of Comirierce and Labor
on July 1, Secretary Shaw consulted with
Secretary Cortelyou as to the change and
they agreed In the selection of Mr. Uhler.
Mr. Dumont will be retained in the Gov
ernment 'service, but It Is not known In
what capacity.
This change la understood to be the first
step in a complete overhauling of the
personnel of the 'inspection service
throughout tho country and a thorough
revision of the regulations, which have
been criticised as being out of date. It is
the purpose of the Administration to
recommend" to Congress legislation author
izing the appointment of a commission of
experts to revise the present inspection
laws and prepare the draft of a new law
to be submitted to Congress for enactment.
Steamers Collide In Fog.
FALL RIVER, Mass.. March 2L The
Windsor Line freight steamer Norman,
bound from Philadelphia for Fall River
and Providence, came Into port today with
a 30-foot hole in her starboard quarter,
and with several members of her crew
missing. The missing men had leaped
I aboard the four-masted collier John B.
Manning, bound in ballast for Baltimore,
when she collided with the Norman last
Thursday night In the fog about 40 miles
south of Fire Island. Besides knocking
the hole in the steamer's side, the collier's
bowsprit carried away her mast and
swept the officers' quarters overboard.
The Manning was not damaged beyond the
destruction of her paddleworks.
Heather Art-alts Orders.
ASTORIA. Or., March 2L (Special.)
The new lighthouse tender Heather Is
now laid up at the Tongue Point buoy
station awaiting orders from the depart
ment as to what disposition shall be made
of her. ?o bids have yet been asked for
to complete the vessel so that she may go
Into commission, and it is possible that
the department may do the work itself.
Castor Leaves for Melbourne.
The British bark Castor will leave down
for Astoria this morning bound for Mel
bourne. She has 117,837 bushels of wheat
valued at 596.7S5. dispatched by J. J. Moore
& Co. The Castor has been In port Just
one month.
Opening of Welland Canal.
WELLAND, Ont. March 2L It Is ex
pected that the Welland Canal will be
opened for navigation about April 10, fully
10 days earlier than usuaL
Domestic and Foreign Ports.
ASTORIA. March 2L Left up at 6 A.
M. French bark Gen. Neumayer. Arrived
at 1 P. M. Steamer Elmore, from Tilla
mook. Condition of the bar at 4 P. M.,
smooth; wind northwest; weather hazy.
Hoqulam, March 20. Arrived Schooner
Dauntless,, from Guaymas.
Falmouth. March 2L Arrived 20th Ger
man ship Nereus, from Portland.
San Francisco. March 2L Arrived at
midnight Steamer Columbia, from Port
land. Sailed Schooner Volunteer, for
Portland. Arrived at 12 M. Steamer
Ruth, from Portland.
Tslntau. March 21. Arrived 17th
Schooner MIndora, from Portland.
San Francisco, March 2L Arrived
Schooner Olga, from Tacoma. Sailed
Schooner Prosper, for Port Townsend;
Brlgantine Lurllne. for Port Hadlock;
steamer Tltanla, for Nanalmo; steamer
Lindauer, for Gray's Harbor.
Antwerp. March 20. Sailed Switzerland,
for Philadelphia.
New York, March 2L Sailed Phoenicia,
for Genoa and Naples; Vaderland, for
Antwerp; Weimar, for Naples and Genoa;
Blucher, for Plymouth, Cherbourg and
Hamburg; Ivernla, for Liverpool; Astroia,
for Glasgow; Mesaba. for London; Pom
eranian, for Glasgow.
Liverpool. March 21. Sailed Campania,
for New York.
Havre, March 2L Sailed Aqultalne, for
New York; Le Savoie, for New York.
Antwerp, March 21. Sailed South wark,
for New York.
Rotterdam. March 2L Sailed Rotter
dam, for New, York.
Queenstown, March 2L Arrived Um
bria, from New York.
Liverpool. March 20. Arrived Western
land, from Philadelphia.
Havre. March 2L Arrived La Bretagne,
from New York. 1
Seattle. March 20 Sailed Steamer Ex
celsior, for Valdes; steamer Portland, for
Valdes.
Seattle, March 2L. SalleoV-Steamer
Spokane, for Skagway; steamer Dora Bal
lea, for Australia; tug Pioneer, for
Ketchican (to tow Al-Kl to this port).
Arrived Steamer Santa Ana, from Val
des. Michigan Pcack Crop Frosted.
DETROIT. March 2L Reports of dam
age to the peach and fruit crops, as a re
sult of last night's drop in temperature,
after the unusually warm weather of the
past three days, are coming in today from
Western Michigan. A special from Grand
Rapids says that President Garfield, of
the Michigan Forestry Commission, has
received reports from Greenville and
Gaines township that few live buds have
been found on the peach trees today. At
at. Joseph much damage was done to
peaches and small fruit.
HIS CONDUCT SUSPICIOSl)
A. J. DELAXO OBJECTS TO JUROR
LEAVING COURTROOM.
Says O. H. Lance, a Member of Jury
Which. Decided Against Him,
Talked to Other Side.
A. J. Delano yesterday filed an affidavit
in the State Circuit Court charging O. H.
Lance, a Juror, with misconduct A suit
of Delano against Dr. W. S. -Drake, a
dentist, for damages, was recently tried
before Judge Cleland, and a verdict In
favor of Delano for Jl was returned by
the Jury. This Is equivalent to a victory
for Drake.
Delano, In his affidavit, states that while
the trial was In progress Lance, who was
one of the Jurors In the case, asked the
court to excuse him for a few minutes,
left the Jury box and went outside of the
courtroom. Delano alleges that Drake
followed Lance and engaged him in a
secreti conversation In a low tone of voice.
This fact. Delano says, he knows to be
true, for the reason that he watched both
men when they left the courtroom, and
saw what happened, although he could
not hear the conversation.
The talk between Dr. Drake and Juror
Lance may have been of a perfectly
harmless nature and foreign to the case
on trial, but Delano wants Judge Cleland
to Inquire Into" the matter. The affidavit
of Delano was filed in connection with a
motion for a new trial submitted by his
attorneys. John Ditchburn and N. W.
Bloomfleld, which will be argued this
week. Dr. Drake, the defendant in the
case. Is also one of the regular panel of
Jurors for the March term.
CANT STAND VIBRATION.
Suit Filed to Prejent Printing
Presses Being Run in Brick Block.
Suit to enjoin the Metropolitan Print
ing Company from operating three large
cylinder presses In a building at 164 and
166 Seeond street was filed in the State
Circuit Court yesterday by the owners of
CONVINCING PROOF.
Evansville, Ind.
Gentlemen: I can truthfully say that
Hostetter's Stomach J3itters cured me of
stomach, bowel and kidney troubles after
numerous other remedies had failed.
R. O. DUNBAR.
and AGUE.
nine, must have our
PRIVATE STAMP OVER
SHE CAN DO WITHOUT HIM.
Carrie A. MacMnllnn Snes lor Divorce
From Huaband.
Carrie A. MacMullan. who alleges that
her husband. Walter A. MacMullan, came
home Intoxicated and when in a towering
rage caused by drink threw her down on
the floor and beat, choked and bruised
her, yesterday filed suit against him for
a divorce. She avers that she is In great
fear of her bodily safety, and asks the
court to restrain him from molesting her.
Mrs. MacMullan charges in her complaint
that her husband, against her wish, took
various pieces of furniture from their
borne and stored them In a warehouse.
She says he earns 565 per month, but
has refused to support her and their
child. She links for nllmnnr Anrl fnr
! the costs of the- suit
FREED ON TECHNICALITY.
Edgar Edwards Pleaded Guilt?- to.
Larceny, but Is Later Released.
Edgar M. Edwards, sentenced by Mu
nicipal Judge Hogue on January 26 to ISO
days In the County Jail for larceny, was
released on a writ of habeas corpus yes
terday by Judge Sears. The. complaint
filed In the lower court charged Edwards
with larceny in a dwelling, and the Police
Judge has no Jurisdiction to sentence a
man for larceny in a dwelling, but can
only hold him to answer before the grand
Jury or District Attorney for such an
offense. Edwards on this complaint
pleaded guilty to simple larceny. Robert
Galloway, attorney for Edwards, on this
showing, contended that there was no
complaint whatever on file against Ed
wards, as larceny and larceny in a dwell
ing are two different offenses. The Dis
trict Attorney confessed the writ..
Court Notes.
Harriet E. Curl has sued Ambrose E.
Curl for a divorce because of desertion.
Articles of incorporation of the United
States Mining & Milling Company were
filed yesterday by F. J. Catterlin. John R.
Jones and Leeston Smith. The objects
announced are to purchase the United
States mine at Water Gulch, near Gold
Hill, and to operate the same.
The will of Anne Kingsley, deceased,
was admitted to probate in the County
Court yesterday. The estate, valued at
over $20,000. Is bequeathed to the children.
Kate. Carra, John S., Edward E. and
Harry J. Kingsley, In equal shares. Ed
ward Kingsley is named as executor and
Kate Kingsley as executrix without
bonds.
Hollls Alger, William M. Ladd and Mar
tin Winch filed articles of Incorporation
of the Alger Logging Company in the
County Clerk's office yesterday; capital
stock, J5O.O0O. The corporation Intends to
carry on the business of dealing in logs
and manufacturing lumber, and also to
construct- a logging railroad from a point
on tidewater near.Skamokawa In a north
easterly direction.
The administrator of the estate of
William M. Milllgan. deceased, was au
thorized by the County Court yesterday
to accept 51500 as settlement of the claim
against the O. R. & N. Mllligan was
a locomotive fireman and on January 25
last the engine on which he was engaged
ran Into a washout near Meacham and he
was killed. The company, while denying
liability agreed to pay J1500 as damages.
George D. Downing was yesterday ap
pointed by County Judge Webster admin
istrator of the estate of Michael Sulli
van, deceased, consisting of personal
property valued at ISOOO. The heirs are:
John T. Sullivan, a nephew of the de
ceased, and the following nieces: Annie
E. Hunt, Kate F. Sullivan, Maggie A.
Sullivan, Annie Dusier and Maggie An
derson. The heirs all reside in San Francisco.
Could anything be more convincing than
such voluntary testimonials as these? Read
them carefully, and if you are a sufferer from
STOMACH, LIVER or KIDNEY COM
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bottle of
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INDIGESTION, BILIOUSNESS, CON- i
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A trial will convince you of
THE NECK OF THE BOTTLE.
A verdict of murder in the stfeond de
gree was returned by the jury in the casa
of Francesco De Falco. charged with kill
ing his wife, last night at 9:S0 o'clock.
The penalty for murder In the second de
gree is life Imprisonment.
The prisoner received the announcement
with the same show of indifference that
has characterized his actions throughout
the trial. When he was brought Into the
courtroom by Jailer Jackson, and before
the jury arrived, he remarked: "Every
body makes trouble; I can't tell who Is
a bad man and who ain't" After tho
effect of the verdict was explained to
him in the Italian language by Mr. Fer
rera, he expressed himself as satisfied.
Five or six of the jurors were for hanging
De Falco, but they finally agreed upon
a compromise verdict. ,
Attorneys say that this is the first time
in the legal history of Oregon where the
killing has been admitted and Insanity
pleaded as a defense that it has been suc
cessful In sivlng the life of the accused.
In all other cases of murder, where In
sanity has been pleaded as a defense In
this state, the verdict has been murder
In the first degree.
The case was submitted to the jury at 5
o'clock, and the attorneys for the defense
admitted that the Instructions given by
Judge Frazer were fair and impartial and
took no exceptions to any of them. Judge
Frazer instructed the Jury that insanity
caused by alcoholism could be consid
ered the same as any other kind of in
sanity, and 'also that If the Jury should
find that De Falco was drunk when he
killed his wife and Incapable of premed
itation, that fact might be considered by
them In fixing the degree of crime, al
though intoxication Is no excuse for the
commission of a crime.
The case was argued by District Attor
ney Manning for the state, and Attorneys
John Ditchburn and' Albert Ferrera for
De Falco.
The last witness called to testify for tha
prosecution was Dr. -Harry Lane, one of
the physicians appointed by County Judge
Webster to examine the prisoner as to his
sanity. Dr. Lane testified that from the
examination which he made, and without
a further examination, he woujd not Ilka
to say that De Falco Is sane or Insane.
He stated that he could not understand
what De Falco said, because De Falco
did not speak English, but talked through
an Interpreter. The doctor said De Falco
at times evaded answering questions, es
pecially in instances where admissions
would be against him, and showed a de
gree of consciousness and intelligence at
times common with rational people. This
was Invariably the case when the ques
tions referred to the killing of his wife.
The witness said an insane man has no
Idea of trying to protect himself In this
way. and an insane person who kills an
other will admit it freely, and tell why
he did It.
De Falco Is 55 years old, and in confine
ment will probably not live more .than a
few years. A person acquainted with
De Falco said his wife was killed because
she had threatened to leave her husband.
Strike Caused Railroad to Lose.
NEW YORK, March 21. Concerning a
deficit of .H7,5S8, shown In the last quarter
ly report of the Metropolitan to the Stata
Railroad Commissioners, President H. H.
Vreeland says it was due to tho coal
strike, which Increased the cost of power
from three to five times the normal In a
large part of the time covered by that re
port, and also In a less degree to the fact
that In this auarter the Increased wage
schedule on the Metropolitan system went
Into effect.
Excavating for a. Store.
PROSSER, Wash., March 2L (Special)
A force of men Is excavating a cellar for
the large SOxlOO-foot department store of
Coffin Bros, at this place.
Warrensburg, Mo.
Gentlemen: I suffered many years from
stomach trouble and tried many remedies
without relief. My friends recommended
your Bitters and it completely cured me.
D. J. BECK.
its value.
The gen-
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