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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (May 24, 1903)
ii mm FORTY PAGES PAGES I TO 12 VOL. XXII. NO. 21. PORTLAND, OBEGON, SUNDAY MOANING; MAY 24; 1903. PRICE FIVE CENTS. IIATELLSW Roosevelt indorsement Would Injure Him. WANTS TO BE RE-ELECTED Ohio Declaration Would Be Premature at This Time. OTHER CANDIDATES SHUT OUT Junior Senator From the Bnclceye State in JTo Wlte a Candidate It Derrick "Wins for Governor, Woald Like Vice-President. RECORD F THE LEADERS IN THE OHIO FIGHT. Marcus A- Hanna was elected Sen ator from Ohio In 1S07 to Berve out the term of John Sherman, -who resigned to become Secretary of State. Hanna was also elected at that time for a full term of six yearn, which will make his term expire In 1905. He became chair man of the Republican National Com mittee in 1896, and secured the election and re-election of President McKlnley. Senator Joseph Benson Foraker" was elected Senator from Ohio In 1S00, to succeed Calvin S. Brlce, and re-elected last year. He was Judge of the Supe rior Court at Cincinnati. 18S7-1802, a position be resigned on account of 111 health. He was the Republican candi date for Governor of Ohio In 1683, but was defeated. In 1880. he was once more the nominee of his party, and triumphed, serving two terms, or until 1S87. He was again defeated In 1889 for the same office. Myron T. Herrlck Is best known as a banker. He Is president of a great savings society at Cleveland, O.. and a member of the Republican Nati6nal Committee. He was a warm personal friend of the late President McKlnley. CL.EVEL.AN1", Ohio. May 23. Senator I Hanna, In an Interview this afternoon, concerning -widely-circulated reports as to bla position in connection -with a proposed resolution to be introduced at the coming state Republican "convention indorsing President Roosevelt for a second term, made the following statement to the. As sociated Press: "I have seen the reported Interview with Senator Foraker with .reference to the proposed Indorsement of the nomination of President Roosevelt by the next Ohio Republican state convention. At the out set, I want to deny that Mr. Devcr, my private secretary, or, so far as I know, any of my friends, had anything: to do with raising the question. The first I knew.of It wsa when I read In the papers a previous Interview with Senator For aker, which I construed as an expression of his own personal views. This was fol lowed by an interview with General Gros venor along the same lines. These made It appear that there was a disposition on the part of some people to suggest some such action by the convention. "I certainly have no criticism to make of any Individual as to his rights to en tertain or express such views, but I oer talnly do criticise the propriety of action along thRt line by the delegates to the state convention, who are chosen for the purpose of nominating a state ticket. It docs not appear to me to be entirely proper for this convention to assume the prerogative of one to be chosen In and upon, which one will rest the respon sibility of representing and expressing the sentiment in our state for any candi date. "It would seem unnecessary for me to say that these conclusions are In no way Influenced by any personal desires or am bitions of my own. I have often stated, both privately and publicly, that I am not, and will not, be a candidate for the Presidency. "In this connection It would seem ap parent. If such a resolution were adopted, that whatever that influence might be, had been exerted in a direction which would cause Just criticism on the part of an other person who might aspire to be a candidate for the Republican nomination for President In 1804. For these reasons I am opposed to the adoption of such a resolution." FORAKER IS DETERMINED. Xovr That the Isane Has Been Raised the Convention Most Pass On It. OREGONIAN NEWS BUREAU, Wash ington, May 23. Unless Senator Hanna and his friends decide to accept the in dorsement of President Roosevelt for re election, there la going to be quite a live ly row In tho Ohio state convention, for Senator Foraker Is determined. Foraker came to Washington today and made the following statement of the situation: T know but little about the contro versy in Ohio in regard to a declaration In favor of President Roosevelt. The Issue Is unexpected, but it is well defined. It was precipitated by friends of Senator Hanna, among them his own private sec retary, giving out interviews to the effect that the state convention would not make a declaration in favor of President Roose velt "Prior to those interviews I have not heard of the matter being discussed, and I have given It no thought whatever. The reasons assigned In those interviews Tor euch nonaction of the convention were of a character that required notice of them to be taken, and when it became manifest there was a ssrious purpose involved, I took occasion to express by own opinion, which is, if there had been nothing aeAi, it would have made no difference whether we indorsed him or not, but now that the issue Is raised. It would be a mistake not to Indorse him. "There Is no purpose on the part of anybody to embarrass Senator Hanna. He" has frequently announced that he Is not a candidate, and does not intend to be. Talk, therefore, about 'smoking him out' is entirely out of place. "We have a right to regard him as al ready out. and I am sure he so regards himself. He could not, therefore, have made such a remark without Implying a lack of confidence on his own part in his own statements repeatedly made. "We have no trouble In Ohio, and will not have on this account. "Whenever there is a slight difference on any subject among the leaders In Ohio, It is magni fied and exaggerated until people outside the state are made to think that we are at swords' points and ready to do each other political harm. There is seldom any ground for such a view, and cer tainly none in this instance, for no mat ter In which way one may look at the subject there is no occasion for excite ment, anger or feeling on account of it. The question is not so vital as that. "However, the convention will have to do one thing or the other declare In favor of indorsement or refuse indorsement for the issue has taken such an aspect It will be presented to the convention." HERRICXC FOR SECOND PLACE. Ills Running: With Roosevelt Ml slit Make Hanna More Enthusiastic. OREGONIAN NEWS BUREAU, Wash ington, May 23. If Myron T. Herrlck should be elected Governor of Ohio this Fall, a good deal will be heard about his becoming a running-mate for Roosevelt In 1304. In fact, he has already been dis cussed In this connection, and these who have no right to do so that is, some of the newspaper writers are asserting that Roosevelt looks with great favor upon Herrlck for his running-mate. There are a great many reasons why Roosevelt would no doubt be glad to have Herrlck nominated lor Vice-President. The close and Intimate friendship that has existed between Senator Hanna and Her rlck for a great many yeaers would Inter est the Ohio Senator In the campaign to a greater extent than could possibly be ex pected If Roosevelt were running with some other man less satisfactory than Herrlck. Even if the President does not think Herrlck would be available for Vice-President on the ticket with himself, it Is doubtful whether he would give expres sion to any such belief, because It would mean an assumption on the part of a (Concluded oa Second Page.) CONTEXTS OF TODAY'S PAPER. National. Roosevelt Is heartily welcomed by Upper Pu get Sound cltle. Page 1. Rear-Admiral "Barclay Is orderwl from Boston to Pueet Souni navy-yard, page a. Commissioner KtOvirds exercises great care In passing on Descnutes reclamation iracu. page 4. Political. Hanna opposes Indorsement -of Roosevelt by Oiilo because he fears it would Injure his chances of re-election. Page 1. Senator Foraker la determined that Ohio convontlsn must Indorse Rjosevelt. Page L Dr. B. Benjamin Andrews deeerts free sliver. page 1. Domestic. Disastrous tornado strikes Oklahoma. Page 2. Mark Twain Is 111. Page 3. Union Pacific Announces peace with boller :cakers. Page 3. Foreign. Major McBrlde challenges John Redmond to a duel to avenge treatment of his wife at Irish meeting. Page 3. Emperor Francis Joseph will not Intervene to prevont further bloodshed In Crotla,' Page 3. London makes a great demonstration against the educational bill. Page 3. Sports. Scores of Pacific Coast League Sacramento 10, Portland 1; Los Angeles 11, San Fraa cUco 4; Oakland 4. Seattle 0. Page 14. Sco.-es of Pacific Northwest League Saa Francisco 14, Portland 3; Butte 13, Spo kane 5; Tacoma 14, "Los Angeles 7. Page 14. University of Oregon track team defeats State Agricultural College. Page 14. Baker City High School wins lnter-academlc tracx meet. Page 14. Montana clubs talk of treachery In Pacific National League. Page 14. Gossip of the baseball fans. Page 23. Hints for American cricket spectators. Page 25. Paris-Madrid automobile race Is begun. Page 14. Judge Hlnes wins the Hawthorne handicap, page 8. Pacific Coast. Many articles of Incorporation filed at Salem to get In under the old law. Page 4. Tacoma Evangelical Church calls a youthful j.astor. Page 4. Nine men were drowned In the Yukon In one week. Page 4. Lane Countj- Fair Association adopts consti tution and elects officers. Pag 4. Semiannual meeting of Baker County lrrlga tlonists will sot be held. Page 4. Commercial and Marine. Preparations for wool pool sales at Pendle ton. Page 23. Selling by Armour weakens wheat at Chi cago. Page 23. Liquidation leads to acute weakness on New York stock market. Page 23. "Week In Wall street. Page 23. Weekly bank statement shows unexpected de create In cash. Page 23. Son Francisco market conditions and prices. Page 23. New lumber steamer being built at HoquIn.rn. Page 8. Portland and Vicinity. Suit is begvn against lumber trust. Page 1. City & Suburban Company wants concessions If Morrison-street bridge project carries. Page 10. British residents observe Victoria cay. Page . Fair directors and State Commission to have Joint meeting. Page 17. Odcfellows will enlarce their home. Page H. County Court rescinds forged warrant deal with First National Bank. Page 24. Spanish-American soldiers' monument to be dedicated today. Page 10. Laundries will start with nonunion men to jfcorrow. Page 10. Boilermakers' strike oa Union Pacific Rail road settled. Page 11. Features and Departments. Editorial. Page C Church -announcements. Paro 22. Classified advertisements. Pages 1S-2I. When" the soldier -lead are burled in and near Portland. Page 33. Memorial day; its origin and birth. .Page 40. Pulpit sketches of prominent Portland minis ters. Page- 1C Centenary of Ralph Waldo Emerson. Page 30. David, son of Dr. John McLoughlin. ,Pxge 16. Fashions and household. Pages 36-37. Yoaths department. Page 39. Musical and dramatic. Pages 36-27. Sec Lai. Page 28. SEATTLE IS SSK Roosevelt Is Greeted by Great Throng. FINE DAY ON PUGET SOUND Everett Gives the Executive Enthusiastic Welcome. DECORATIONS ARE MOST NOVEL Tacoma anil the Qnecn City Bury Their Differences and Are All Smile Alnska Order "Maizes a Gift to the President. WASHINGTON CITIES D.OOSE VELT IS YET TO VISIT. Hay 24 Seattle. May 25 Leave Seattle 3 A. M. May 25 Arrive Ellensburg 0:10 A. II. May 25--Leave Ellensburg 0:25 A. M. May 25 Arrive North Yakima 10:30 A. M. May 25 Leave North Taklma 11 A. It. May 25 Arrive Pasco 2 P. M. May 25 Leave Pasco 2:05 P. M. May 25-Arrive "Wallula 2:40 P. M. ' May 25 Leave Wallula 2:45 P. M. May 25 Arrive "Walla Walla 4:10 P. M. May 25 Leave Walla Walla 5:10 P. M. May 20 Arrive Spokane 1:15 A. M.; remain In train until 8:30 A. M. May 20 Leave Spokane 12 noon. May 20-Arrlve Tekoa 1:55' P. M. May 20 Leave Tekpa 2 P. M. May 26 Arrive Harrison, Idaho, 3:05 P. M. SEATTLE, "Wash., May 23. (Special.) Two of the leading features of- President Roosevelt's tour today were the conduct of the Seattle crowd at the Old Univer sity grounds and the assembling at Ev erett of what. In "Washington state poll tics, la known as the "Northwest," Seattle had by far the Iargestlcrowd of MONUMENT ERECTED TO THE the day, probably a grand total of 70,000. Some said this crowd saw the President four times, and, as a matter of fact, most of It did. The people at the wharf saw him land from the steamer Spokane, then rushing to First avenue, saw him again, and as he doubled "back on .Second ave nue, some of the same people saw him the third time. These Seattle hustlers also saw him again on Pike street, and a few of them even ea,w him still again at the Old University grounds. As usual, the President was gracious-and tried to bow and smile to all. His patience, however, was taxed, to the limit by the Jam of peo ple at the campus. It was a restless, noisy, swaying throng. It numbered prob ably 35.000 people, and the rush from be hind almost crushed the life out of many women and children in front. One woman shouted "Police! Police!" hysterically, and a young girl and a woman fainted directly In front of the grandstand. President Tries to tynlet-Crowd. Trained secret service men In the Presi dential party eaid the swaying and crowd ing was led by hardened pickpockets, but as none was arrested, this may have been a mistake. Twice during his remarks the President attempted to quiet the, swaying; noisy assemblage by saying he would de tain those present but for a lew minutes. He also admonished the men in the crowd to be mindful of the children and women. His speech manifestly suffered greatly from this annoyance, while on the other hand, at Everett, under directly opposite conditions, he made a masterly effort. In referring at Everett to the economic advantages of forest preservation, the President aided his memory In quoting statistics. He said tho forest Are removed tho forest faster In many instances than the ax, and believed the practical lum bermen of "Washington 'and Oregon should work together In the future. This sort of argument did not enthuse the crowd of 10,000 people as did the catchy references to human traits, common to all people everywhere, which have charac terised the President's happy addresses during, the present tour. "When, he said the law should not be construed In favor of the rich, on the one hand, or In favor of the poor man, on the other, tho Presi dent was cheered vociferously. Everett's Novel Decorations. At Everett the main feature of decora tive effort consisted of something novel and permanent. On the four corners of the main business streets were four small glass houses. One contained specimens of Everett paper, another the products of the machine, shops' and the smelter, the third doors and .like articles, and the fourth represented the manufacture of flour. Everett had another novel feature. As the President's boat started,' Ave great Indian racing canoes shot out for a spec tacular race. From nine to a dozen In dians were In each canoe. Two were swamped by the. waves, while the others were kept afloat only by lively efforts by (Concluded on Page ) grWC ? SOLDIER CRM) IN B1VERTIEW CEHSTEKT TO BE DEDICATED TODAY. TO ENJQIN THUS' Suit Begun Against the Lumber Combine BY UNION CONTRACTOR Says Lumbermen Are Ruining His Business BY ILLEGAL DISCRIMINATION W. E. Jenkins at Last Puts Action of Retail Lnmber Company to Test In CoHrt Will Settle State Law as to Trusts. LUMBER COMPANIES ALLEGED TO BE IX THE TRUST. Inman. Poulsen Sz Co. Day Lumber Company. North Pacific Lumber Company. Eastern Sc Western Lumber Company. Portland Lumber Company. Jones Lumber Company. The legality of the combination of Port land lumber manufacturers under the name of the City Retail Lumber Company has at last been put to a test In the State Circuit Court, as predicted in yesterday's Oregonian. - "W. E. Jenkins, a building contractor, who employs union labor, and is not a member of the Builders' Ex change, began suit yesterday to have the company declared an unlawful combina tion and conspiracy In restraint of trade, and asked that the company be restrained from discriminating against him in the selling or lumber or In -fixing" prices. If the case should "be fought to a finish. It will .decide not only whether the trust could legally Interfere In the building ittrllcn hv refuslne to sell lumber to em- ploycrs. of union labor, but whether such combinations to racuiate pnce3 can legal ly exist in the stater The defendants; named who aro alleged to form the monopoly known as tbe,Clty Retall Lumber Company - are: Indian, Poulsen & Co.. Day Lumber Company. North Pacific -Lumber Company, Eastern A: western Lumber ComDanv. Portland Lumber Company and Jones Lumber Co.. which constitute all principal lumber mills in tee city. In his complaint Jenkins recites what he asserts Is a truthful statement of the lumber situation In Portland, and the hardships which building contractors sut ler as a consequence. He charges that on July 2. 1902. the lum ber companies referred to, tor the purpose oC ending and preventing competition in the sale of lumber in the Portland market, restricting and controlling the "output of lumber, creating a monopoly of the manu facture and sale of lumber, controlling the market and prices of lumber, raising the prices, demanding and extorting excessive and unreasonable prices, making unrea sonable profits, and with the Intent of re quiring purchasers In Portland to pay ex cessive and a greater price than can be demanded or received for exporting lum ber or shipping the same outside of the city, did conspire and confederate together and Incorporate and organize the Cits- Retail Lumber Company. It Is charged that the company is em powered to fix prices for lumber in Port land, and to sell no lumber to any pur chaser In this city who should buy lum ber from any seller other than the Port land monopoly, and to make excessive profits and to create an exclusive control of the manufacture and sale of lumber in this market. Jenkins further states that In pursuance of this conspiracy the City Retail Lumber Company demands excessive and unrea sonable prices for lumber In Portland and refuses to sell lumber to purchasers who buy from any other sellers. He says that. In consequence, he Is unable to procure lumber at reasonable figures, and Is un able to take contracts for buildings at fair and reasonable prices, but has been com pelled to demand excessive prices from customers, which they are unable to pay, and, therefore, he cannot get contracts and Is losing business to his lasting and irreparable Injury. Jenkins also alleges that the monopoly causes the price of lumber to be arbitrar ily advanced at frequent Intervals, and be Is forced to pay for lumber to complete buildings a higher rate- than was charged for like lumber when the contracts were taken, and he Is accordingly subjected to great loss and Hazard In the prosecution of his business; that unless ;the City- Re tall Lumber Company Is restrained from kthese acts, he will be forced to abandon contracts. As a further and separate cause of ac tion. Jenkins sets forth that In making contracts to erect buildings he Is com pelled to fix the price in advance, and to agree to complete the work within a spe cified time; that the Jones Lumber Com pany, Inman, Poulsen & Co. and the other mills named, comprising the trust, refuse to sell any lumber In the city except through the City-Retail Lumber Company. For a long time past he says that there has existed in Portland an organization known as the Master Builders' Associa tion, composed of contractors, and also a Master Painters' Association, and there has been a, controversy between them and their employes, who belong to labor unions. Jenkins says that for the purpose of compelling him to join the Master Builders' Association, and not to employ union men, and to dictate to him what men he shall employ and what wages he shall pay, and to destroy his business, the defendants did combine and confederate. to discriminate against him In the price charged him for lumber, and refuse to sell him lumber on the same rates and terms as they sell lumber to members- of the Master Builders Association, and re fuse to sell him lumber except at prices greatly In excess of those' charged to members of tho Master Builders' Associa tion, who are favored by the combination, so as to be able to underbid him. Jenkins asks the court to declare the monopoly unlawful; that the consplracy and confederation to discriminate against him in prices be declared unlawful; that tho defendants be forever restrained from engaging In a monopoly to limit the con trol and output of lumber and to control the prices, or charge excessive prices, or prevent competition; that they be re strained from discriminating against him because of his employment of union la borers Vcazle & Freeman appear as at torneys for Jenkins. DESERTS FREE SILVER. Dr. Andrews Sees the Error of His Financial Views. LINCOLN, Neb., May 23. Free silver has lost an advocate In the person of Dr. E. Benjamin Andrews. The chancellor of the University of Nebraska today, in an address before the class In ethics, prac tically announced" that he no longer enter tained the vjews he had held upon silver coinage. In company with many others a few years ago, Chancellor Andrews said he had been misled by the arguments of public men. and particularly by a cele brated geologist of Europe, who had, after much study ai;d investigation, announced that the supply of gold was being exhaust ed and the world's mines would soon cease to" yield nufflclont quantity of that metal. This made it necessary that there be an other standard of value. Time "had proved the prophecy of the geologist to bo false. Instead of .lessening, said the chancellor, the output of gold has greatly Increased and the supply now seems Inexhaustible and, as a result, prices of commodities, in stead of going to a lower level, have con stantly appreciated. FRfAR ISSUE WON'T DOWN Despite Taft's Effort 'the Situation Is Growing More Complicated. ROME, May 23. Reports received from the Philippines say that, in, spite of Jhe good intentions of both Archbishop Guldl, the apostolic delegate, and Governor Taf t. the question of the purchase of the friar. lands Is growing more complicated, ba causa of the efforts of the friars, espe cially the Dominicans, to conceal their possessions of a large part of the shares In companies purposely formed as to ap pear as the owners of the land. The re ports state If the situation remains un changed. It is probable Governor Taf t will abandon the Idea of purchasing the lands, which will entail a great loss on the friars and the promoters of the companies, as they will have to prosecute each of the present 60,000 tenants. FIRE IN A GRAND STAND. People at a Baseball Game Have a Close Call for Their Lives. CAMBRIDGE, Mass.. May 22. Wire communication with Soldiers' Field, where the Harvard-Princeton baseball game Is In prpgress, was cut off at 5:15 on account of the breaking" out of a fire in the grand stand today. The spectators In the grand stand had a narrow escape. The fire' spread so quickly that several were hemmed In by a tall fence ann falling portions of framework. They were rescued, and so far as reported no one was Injured as- the fire was out at 5:35 P. M. Bs-Ofleer Gallty ef Manslaughter. CHICAGO. May 23. "Ex -Constable Mar tin Hows, charged with, tile murder of Janes Hart on September S, 1991, was to day feuad gvUKy f nraaei&wffa t m. IW BOAT BEST Reliance Again Defeats the Columbia. SUPERIORITY IS DECISIVE Old Yacht Is Outclassed oa All Points of Sailing, WIND PROVES DISAPPOINTMENT Constitution Is the Last Boat la the Contest, but Makes Good Galas at the Finish Race Not Classed, as an Official One. Reliance fairly new away from the Columbia and Constitution yesterday wbere conditions were at all equal. She again proved she was a good drifter, and there la no doubt that this new creation. Is Designer Herres nofTs masterpiece. NEW YORK, May 23. In a wind that ranged from a mere zephyr to an eight knot breeze, the Reliance clearly proved her superiority over the Columbia and the Constitution In the race on Long Isl and Sound this afternoon. Though offi cially the race was no contest, owing to the failure of the boats to finish before 6:30 o'clock", enough was revealed to prove that In his latest creation Designer Her reshoff has wrought his masterpiece. In all points of sailing, as they were brought In the triangular course, the new boat clearly outclassed her rivals. "Whenever conditions were at all equal, she scur ried away from the other yachts with ease. The test3 to which the boats were sub jected were mainly confined to measuring their respective merits over reaches, close and broad, little opportunity being afford ed of showing what the Reliance may bp capable of In working- to windward or running to' leeward. In what little chanca there was to form an estimate of the boats In these two latter respects, the new boat demonstrated her superiority. As for the Columbia and Constitution, the contest was Indecisive, though when the time limit had expired the Columbia, had a slight advantage over the Belmont boat. It was after, the Reliance had started for home with her lee rail awash that she proved to the. thousands who were watching her what a racer she Is. She simply flew away from the Columbia and Constitution, and in about ten minutes had opened up a lead of over two miles, which was being rapidly increased when the committee signaled a postponement of the race. In the meantime the Constitu tion had very materially cut down the Columbia's lead, and at the finish wa3 nearly abeam of the old defender. MPTOX SURPRISES YACHTSMEX. He Has a Donble Purpose in Bring ing Both Shamrocks Over. NEW YORK, May 25. American yachts men ana the members of the New York Yacht Club in particular will probably ba surprised that Sir Thoma3 Lipton has a double purpose In. sending both Sham rocks across the Atlantic at this time, and that the other Shamrock Is not sent over simply to act as trial boat for Shamrock HI. cables the American's London cor respondent. It is said that not only will Shamrock I be used for a trial boat for the new boat, but that It Is Sir Thomas' purpose to en ter Shamrock I In the New York. Yacht Club's cruise, and any races and regattas to which she may be eligible against the Columbia, Constitution and "Reliance. It Is not Sir Thomas' Idea to enter her In the trial and cup races, as they would, of course, be confined to American de signed boats, but he thinks the American people would like to see what the old Shamrock could dp against the American boats, and believes that It would add an International flavor to the preliminary races that would interest the English, and American people almost as much as the cup races. Sir Thomas and Designer Fife believe the old Shamrock, never bad a fair chance against the Columbia in 1839. owing to Mr. Fife's Illness, and that had her de signer been on board she would hava made a better showing. England Glad Reliance Is Best Beat. LONDON. May 23. There have been few commenta In the newspapers thus far on the Reliance's performance, and such as have appeared are congratulatory. Thtf Evening News says: "Hr victory Is as welcome in England as fn America, and Interest In the races has been distinctly stimulated by the fact that both the challenger and the cup de fender are new boats and that each Is su perior to the previous, competitors." " CANFIELD HOME AGAIN. Well -Known Gambler Sarrenaers Himself, and Is Oat on Parole. NEW YORK; May23. Richard Canfield, who sailed for Europe shortly after the raid on his house on Forty-fourth street by the police some months ago. returned today on the Campania. Later Canfield surrendered himself before Judge McMa hon, and was paroled until Monday.. Will Fight Sew Trial far Beoilera. ST. LOUIS, May 23. Circuit Attorney Folk will apply to the Supreme Court for & rehearing in the case of Julius. Lehmann and Harry Faulkner, convicted of "per jury "who were recently granted a new trial. He will base his argument on the ground of a blunder which was -mad in, Interpreting the Instructions of the trial court to the jury, en which point the rt vses&I was-based.