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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Nov. 13, 1904)
2 THE SUNDAY OBEGONIAN, PORTLA2H3, -NOVEMBER 13, TO SERVE 25 YEARS Charles W. Walton Receives His Sentence. PAY PENALTY FOR HIS CRIMES Judge George Declares Boy Who Robbed Conductor and Shot Po liceman Is Not Entitled to Leniency. Charles TV. "Walton was sentenced to 25 3-ears Imprisonment In the penitentiary by Judge Cleland yesterday, 20 years for robbing Conductor Emanuel Johnson and five years for shooting Policeman Ole kelson. "Walton, -when asked by the court If he had anything to say -why sentence should not be pronounced, answered in a firm tone of voice, "No, Your Honor, except that you will be as lenient with me as possible." "Has your attorney anything to say?" then Inquired the court. Henry St. Rayner arose and said he de sired to call attention to the fact that there Is a constitutional provision which gives discretion to the court in the mat ter of passing sentence which was to be more of a reformatory character than a persecution. Plea for the Boy's Life. "A long sentence to the penitentiary means the boy's life," he said. Counsel suggested that, while the provision of the code relative to reform schools was moro especially designed for youths under 1G years of age, he believed the court could. In its discretion, make use of the stat ute. Walton was over the limit a little, being 17 years old. The constitutional provision referred to by Mr. St. Rayner provides: - "Laws for the punishment of crime shall be founded upon the prin ciples of reformation, and not of vindic tive Justice." Not a Mitigating Circumstance. "The court has had the opportunity to hear all of the evidence twice," said Judge Cleland. "The repeated examina tion has resulted In the court being un able to discover a single mitigating cir cumstance. "The crime of which you are charged, and of which you were connected is a serious one; it Is one of the most serious known to the law. The purpose of ad ministering this punishment is not alone your reformation, but also the protection cf the public. Keeping that in mld. J see no reason why leniency should be ex tended to you in this case. "The judgment of the court Is that you be Imprisoned in the penitentiary for a period of 20 years, and that you bear the costs." The suppressed silence which pervaded the courtroom was broken by a murmur from the large crowd In attendance, and Walton resumed his seat with a sigh. Called Back for Five Years. More. Under Sheriff Morden instructed him to rise, and was about to lead him from the courtroom when Judge George command ed In a loud voice: "Bring that man hack!" Walton was wanted to be sen tenced In the second case. When order was restored. Judge Cle land said: "In the next case, there is a judgment against the prisoner on the charge of assault with a dangerous weappn. Have you any thing to say?" Walton, who was breaking down under the strain, answered in a husky voice, scarcely audible: "No; nothing." "The judgment of the court is that, on completion of your 20 years sentence, you be imprisoned in the penitentiary un der this Information for a period of five years," then announced the court. As Walton was being led from the courtroom, Mr. St. Rayner asked that a stay of proceedings be granted for 30 days to prepare a bill of exceptions for an appeal to the Supreme Court. Judge Cleland said he would grant 15 days, and the time could be extended at the end of that period If found necessary. ESSIE W ATKINS IS FINED. Convicted by a Jury for Running a Money Slot Machine. Essie "Watklns, keeper of a disorderly house, was tried and convicted by a jury in Judge Sears' court on a charge of operating a money nlckel-ln-the-slot ma chine. She was fined $33.33, which about covers the expenses of the trial. Chief Deputy Sheriff Morden testified that when he went to Mrs. Watklns place and seized the machine, Mrs. Watklns admitted to him that It had been played. Mrs. Watklns testified that the machine was put in the house while she was away on a trip to California. She acknowl edged that It was in the house ever since last March. She said it was not played for money. If it was1 played at all it was played for drinks. "Where did you get the drinks?" asked a juror. "I served them in the house," answered Mrs. Watklns. The jury was comprised as follows William Forrest, William C. Noon. Jr., S. A. Walter. M. C. Federsplel, August Jr. Paulsen. Robert Catlln, H. Brown, S. M. Barr. J. M. Hodson. A. Thurlow. L. Veasy, B. N. Bowman. The Jury deliberated on the case but a few minutes- and only two ballots were taken. After the case was over Judge O'Day, counsel for the defense, asked that the two machines taken by the Sheriff and used in evidence- be returned. Under Sheriff Morden appeared at this juncture and asked the court to wait until he could see the Sheriff and find out what he desired to do in the matter. The attention of Judge Sears, during a discussion in which Deputy District Attor ney Moser and Judge O'Day took part. was called to the fact that the defendants in the two slot-machine cases had test! fled they did not own the machines, and did not know who did, therefore the court had no Jurisdiction to return them to them. The matter was continued until Monday, when the owner of the machines will probably put in an appearance. DR. LINCOLN ON THE BOARD. Suit to Remove Dentist Meets Re verse in Court. Dr. R. It. Lincoln continues as a. mem her of the Oregon State Dental Board, according to a decision rendered by Judge George yesterday In the quo warranto proceeding of Mark Hayter and other members of the board to oust Dr. Lincoln. Some months ago Governor Chamberlain appointed Dr. Lincoln as one of the board to fill one of two vacancies caused hy the expiration of the terms of two members. The Oregon dental act provides that in case of a vacancy In the board, the board shall hold a meeting and select three names of competent dentists, from which the' Governor shall choose one. In this case the complainants allege that Gover nor Chamberlain did not appoint from the list of three, because the name of Dr. Lincoln was not one of the number. In answer to the suit "William M. Cake. attorney for Dr. Lincoln, set forth that no meeting to name three dentists to choose from was held at all, and Governor Chamberlain therefore had & right to act as he did. The decision of Judge George sustains this contention. If those who are seeking to oust. Dr. Lincoln- desire to proceed further, they must file a- reply to the, suattrac kqA aUage ih&t & meeting- was held and three names selected and sent to the Governor, and prove the fact upon a final hearing of the case. What the court would then do is a future question. WOOD'S FEES WITHHELD. Son ef Late Attorney Authorized to Collect From Pension Bureau. Authority to enter into an agreement with TV. Hosea Wood to collect fees from the Pension Bureau for services per formed by the late Thomas- A. Wood, in preparing evidence and securing pensions for Indian War Veterans, was granted by the County Court yesterday to A. N. Gambell. administrator of the estate of Thomas-A. Wood, deceased. The admin istrator filed a petition in the court stat ing that payment Is withheld by the United States Government on various grounds. In some cases the proofs are not yet complete, while in others the proof is completed, but the action is de layed. In others the Pension Bureau has declined to pay because of the disbarment of -Thomas A. Wood to practice in the Pension Bureau; It is stated that it will be necessary to complete proofs in the cases In which it is required, and in other cases to take steps to overcome, if possi ble, by proper argument and influence. the present attitude of the Pension Bu reau. W. Hosea Wood is a. son of the deceased. He Is to receive 10 per cent of the amount collected for his services. MURDERER TO PAY DAMAGES Judgment of $600 Is Awarded Against Frank Guglielmo. A judgment for 1600 against Frank Gug lielmo, who murdered Freda Guaraschlo, was rendered by Judge Cleland yesterday in favor of the father of the girl, Gaetano Guaraschlo, as compensation for her serv ices from the time of her death until she would have reached her majority, a year and ten months. The age of majority of a female is 18 years, and Freda was 18 years and 2 months old when killed by Guglielmo. The law provides that a father Is entitled to what his child may earn prior to majority. Judge Cleland held that the father is not entitled to any punitive damages under the law because of the pain, suffering and mental anguish suffered by him because of the loss of his daughter. Negro Pleads Guilty. John Reese, a young negro, pleaded guilty before Judge George yesterday to a charge of having stolen a hat, panta loons and other articles in the store of Meier & Frank Company, valued at 57.50. He was sentenced to a term of 90 days In the County Jail. He said it was his first offense. THE GENETLEMAN FROM CINCINNATI! IN THE bright and rosy hours of youth George had lived in Cincinnati. Now he lives In Seattle and swallows fog. Bright, -happy dayB agone! Last week George came to Portland on business. When he descended from tho train at the Union Station it reminded him of Cincinnati. When he walked up Sixth street on the cobblestones it still reminded him of that same Cincinnati. Then George saw a sign. The sign also reminded him of Cincinnati. That is where they brew it. George gave a hasty look up and down the street and didn't see Joe Day, so he followed the sign. The sign led to a bar. Standing at the bar was a "gent" who looked as though he were enjoying a sea son of prosperity. George was generous, because he was thinking of other days. He asked tho prosperous-looking gent to nave one. The prosperous-looking gent had two. Also another. Then George began to talk. As he did there diverged from his cerebrum startling waves that told the prosperous-looking gent that George was legitimate quarry. "Cincinnati," said George, and ordered another. . "Cincinnati," added the prosperous-look ing gent, and took another also. Which he diligently and quietly poured into the spittoon while the bartender made a noise so the spilling of the liquor could not be heard by George. The prosperous-looking gent was deli cate about hurting the feelings of George. ' Was you ever In Cincinnati?, asked George. This was the cue for the prosperous- looking gent. "Cincinnati began the gent. Then be stopped. Bather, be paused. Into his eyes there came that faraway look of which Marie Corelll loves to write. Tears followed the look. "Cincinnati." said the prosperous-look ing gent, and choked. One hand he extended with great emo tion. The forefinger of hand aforesaid trembled as only the forefingers of honest politicians tremble. His voice trembled also. "Cincinnati," he murmured with a voice like the rippling of a tiny brook over pebbles. "Dear dear old Cincinnati! Oh, to see you again. To sit on the cobble stones near the depot and watch the cab bies fight for fares. To bathe in the lake in the park, when the coppers are not looking. To wander throughout the streets on a moonlight night, Jessie's hand In yours. Cincinnati? l was born ana reared In Cincinnati." "Put her there!" said George. His eyes were filled with tears. "I had a Jes sie, too," said George. "I've watched the cabbies fight, and I've taken plunges in that same lake. Say, did you ever run to a fire in nigger alley?" The. prosperous-looking gent grew en thusiastic. "Did I?" he asked. "Did I?" There was a Booth Tarklngton inflection on his words. There was also more emotion. "Have another," said George. Tho prosperous-looking gent again filled the cuspidor with good product of Cincin nati. "Wan annuzer?" asked George. The gent didn't care. And afterward the pair retreated to a wineroom to talk of old times In that dear Cincinnati. They bad several others, George grew very sleepy. Also very tired. He wanted to go to a hotel, and yet he wanted to talk with the prosperous-look lng gent from Cincinnati. Somehow he felt suddenly weak. There were visions of a headache. Then George went down and out. Officers Courtney and Jones found George afterward In the street. He was dreaming of that dear Cincinnati. To the station went George, and there he met Captain Bailey. George began to exam ine. He had 550 when he left Seattle. He had nothing now. His watch was gone. a diamond ring was gone, his shirts tuds were gone and so was the gent from Cin cinnati. George knows better now! Douglas County Postmaster Named. OREGONIAN NEWS BUREAU. Wash ington. Nov. 12. James R. "Wilson was today appointed Postmaster at Umpqua Ferry. Douglas County, Oregon, vice Maude C Shambrook. resigned. Seen Run ning Down? Probably Improper Food In That Case Grape-Nuts Will Set You Right. Gt tho little book. "The Boad to Wellville," in each plcc ASKS CITY'S RIGHT Sheriff's Attorney Questions Poolroom License. "CALLING IS UNLAWFUL" Judge McGinn, in Defending -Word in Case Brought by M. G. Nease to Recover Possession of War wick, Attacks Gamblers. "The way these gamblers strut about the streets and assert their business Is lawful and has no moro right to be Inter fered with than the business of a depart ment store is surprising. The nerve they have got Is astounding. Tho gambler has no standing whatever In the community or in a court of justice. His calling is unlawful.' These and other severe Temarks ex coriating the gambling fraternity were made by Henry E. McGinn yesterday In his argument before Judge George op posing the injunction suit of M. G. Nease, of the Warwick Turf Exchange, against Sheriff Word to recover possession of his saloon and rooms on Fourth street, in order to use the same for poolroom sell ing purposes. Mr. McGinn, as counsel for the Sheriff. filed an answer to the suit In which it is stated: "That the only purpose of Nease in striving by this suit to gain possession of the premises Is In order that he may immediately reopen hl3 poolrooms con trary to the laws of the State of Oregon. and the pretext that he is conducting a saloon on the premises Is a mere subter fuge resorted to by the plaintiff to en able him to run poolrooms under tho guise of a liquor saloon." The arguments, pro and con, began In the morning and lasted throughout the day. The courtroom was crowded with members of the sporting fraternity and their sympathizers. A number of law yers were Interested listeners. District Attorney Manning was present part of the time and also several other officials. Joseph Simon and Joan M. Gearin ap peared for Nease. Mr. Simon took oc casion to comment upon the large num ber of law books Mr. McGinn piled upon the table in front of blm. and Mr. McGinn admitted that he intended reading from them all. Mr. Gearin, in behalf of the poolroom people, made two long speeches, and- read numerous authorities. He contended that the City Council, having granted a license' to Nease for three months upon the pay ment of $300. the Sheriff had no right to Interfere with the place. He characterized the proceeding of the Sheriff In putting Nease and his employes out of the saloon as high-handed and ffn outrage. Until the ordinance has been declared invalid by a court of competent Jurisdiction the Sheriff cannot declare so. Nease was operating under a license and had a legal right to do so. The attorney argued also that pool-selling Is not included in the state gambling law and Is not unlawful. The arrests, without warrants, was re ferred to. and It was pointed out that the Sheriff did not have to depend on the District Attorney for warrants as. any Justice of the Peace could Issue them, and that when the men were brought be fore the State Circuit Court, two weeks ago. the Sheriff did not ask Judge George, sitting as a committing Magistrate, to issue warrants. "Pool-selling is the very worst form of gambling." said Mr. McGinn In begin ning lis argument. "If any element of chance enters Into It. It Is gambling un der section 1944 of the code." Pool-sellers, counsol said, were being driven from states all over the Union, because it was the worst form of robbery, and were seek ing new fields. Counsel contended that from the time of the English law, from which other gambling acts were taken. betting on horse races had been consid ered as gambling. A decision of Judge Cooley concerning pool-selling was read from at length. Judge Cooley held that keeping poolrooms or selling pools on horse races or base ball frames was gambling under the law prohibiting games of chance. "Gambling must be eradicated." said Mr. McGinn. "The gambler has no standing In a court of justice. The nerve of a man to come here and say his business Is lawful when his game is of the very worst type." The attorney, after arculng at length that pool-selling Is gambling, and reading many authorltl. took up another branch of the case. The only person, he said, who had any right to complain was the property-owner. Counsel read the follow-. lng sections of the code on the subject: "It shall be lawful for any person rent ing or letting any house, room, shop or other building whatsoever, or any boat. booth, garden or other place, which shall at any time be used by the lessee or oc cupant thereof, or any other person with HBe ssjfcpiCv lHf MBS MAY DKNSsVIORE, li IXku P kn, CXICAftO, TTX. AND GUAJULNTSED bt VVOODARD, jPOS. SiLX his knowledge or consent, for gambling purposes, upon discovery thereof, to avoid and terminate such lease or con tract or occupancy, and recover Imme diate possession . . . by an action at law for that purpose to be brought before any justice o fthe peace in the county. "All persons who shall let or rent any house, room, shop, or other building whatsoever, or any boat, booth or garden knowing the same shall be used for gam bling purposes, or having reason to be lieve that such building or other place will be so used, shall forfeit twice the amount of rent for six months, to be re covered by action at law in the name of the state. All contracts for the rent of the rooms, buildings, or place aforesaid for the purposes aforesaid shall bo void and of no effect between the parties." "jr any person has action against the Sheriff," said Mr. McGinn. "It Is the owner of the property, not the plaintiff in uus case, ror nis lease has entirely ter minated." Referring to the city author ities, Mr. McGinn said they had no right to license gambling. "By the charter, the Mayor and Chief of Police aro directed to exterminate gambling. The language used Is prohibitive in both cases, both as to tho Sheriff and tho police, to prevent and suppress. If that Is not sufficient, the power to terminate the lease is granted." The provisions of the city charter were read which requires the city authorities to arrest all persons found in common gambling-houses, to seize all Instruments, eta, and to notify owners of property, their agents or representatives to cease the use of their property for unlawful purposes. "When it comes to gambling hells," said the attorney, "the officer is author ized to enter and seize all gambling par aphernalia and bring It Into court. The Legislature says It shall be exterminated root and branch. How, then, can the Council pass an ordinance licensing it?" CATHEDRAL FAIE CLOSES, Miss De Berg Wins the Diamond Ring Contest. The St. Mary's Cathedral Church Fair came to a close last night after a success ful ten days' session. The big hall at Seventh and Oak was crowded to Its capacity early In the evening, and the raf fling and auctioning of the many hand some articles on sale and pretty nick knacks donated by the ladles for the bene fit of the church made the evening a lively one. Rival auctioneers put their lungs to a severe test, but Father McDevItt won the palm for drawing a crowd. The diamond ring contest was the most important event of the evening, and pf the entire fair, for that matter. Mrs. Harry Dillon donated a handsome ring containing a pure white stone of the value of JflOO. and the four young ladles who entered the contest, representing four leading dry goods houses of the city, were represented at the final voting by many friends from their respective firms. As the final moments grew shorter and short er, there was a good-natured scuffle to get in the last money. Miss de Berg, of the firm of McAllen & McDonnell, had the greatest number of votes and carried off tho ring. Miss Hicks, Miss Sullivan and Miss Mclsaacs followed next in line. Father McDevItt very thoughtfully pre sented each of the losers with a hand some silver toilette set, and thanked the contestants individually for helping the church by consenting to enter the race for the ring. The 520 cash prize-was drawn by Nor man Werry, of Ellers Piano House, and a handsome birdseye maple desk by Miss Fannie Hanley, of Meier & Frank Co. Miss Campion drew the lucky number for a solid silver salad set, and Colonel Haw kins was the envy of every small boy In the room when it was announced that he held tho lucky number for the boys' auto mobile. Little Irene Caraher got the big doll,, and a number of other little girls who were contestants for It were hand somely remembered by the management of the fair. There still remain one or two articles of value which will be disposed of later, tho lateness of the hour preventing their raf fle after the diamond ring contest closed last night. ' The week has been a successful one and the ladles of the church deserve the high est praise and credit for the faithful man ner In which they have worked to make this a success. The refreshment depart ment brought In a nice sum of money, and those in charge of it have worked hard. Father McDevitt wishes every one who helped in any way to add to the success of the fair to be thanked in the name of his reverence the archbishop, and also extends his thanks to the public for its liberal patronage and donations. F0BGED CHECK PATS FOE SUIT Unknown Swindler Gets New Clothes and Change. D. E. Bowman, of the Moyer Clothing Company, reported to the police at mid night last night that a forged check for Hi had been passed on the firm during the evening. The check was signed D. Ratbvon, and made payable to William Western. The .man who presented the check bought a suit of clothes and re ceived change. Detective Welner was de tailed on the case. Danderine TO TRY MILITIAMEN Delinquency Court to Convene; Monday. DRILLS HAVE BEEN MISSED Summons Have Been Issued, Offend ers Will Be Tried, and in" Default of Paying Fines Jail Penalty May Be Enforced. Lazy militiamen who have missed drills In tho Portland companies of the Third Infantry, Oregon National Guard, will have to answer shortly before a military delinquency court. One of the first delinquent courts this season will convene tomorrow evening at 3:30 o'clock at the Armory, the president being Major C. E. McDonell. And the indications are that if the culprits do not pay the fines imposed by the court, they will serve out the fines In Jail at the rate of $2 per day. It is calculated that about 30 men in all of Companies H and K, Third Infantry, will too the carpet tomorrow night, most of the complaints being that company drills and quarterly Inspections have been missed, and that sufficient excuses have not been lodged within the specified time. The offenders have all been served with summonses, reading: "In the name of the State of Oregon. You are hereby sum moned and required personally to be and appear before a delinquency court whlcti shall convene at Multnomah County Ar mory, Nov. 14, 1905, at 8:30 P. M., by virtue of special orders No. 1, from headquar ters. Third Infantry, Oregon National Guard, to answer for certain offenses with which you are charged, and statements of which are herewith furnished you." Then follows a list of alleged offenses. It Is intended to reach all offenders by holding delinquency courts on the same nights on which the company drills occur. DEAW PEEE IS FINISHED. Morrison-Street Bridge Turntable Is Soon to Be Placed. Tomorrow the work of placing the turn table on the draw pier of the new Mor-rison-Btreet bridge will begin. Tho last of the concrete has been laid, and yester day the City Engineer visited the bridge to make sure that the spot selected for the turntable's center was In the exact middle of the big draw span of 122 feet. Men are working night and day tearing out the old piling at tho east end of the bridge, and the eastern Approach will be completed. Last Monday 193 were on the bridge. The draw will probably be held open for fully a month, as the order of Major Langfitt to tear put the old piers at the ends of the draw has necessitated slight changes in the time allowances made by the contractors. CALIFOEHIA AEE0W COMING. President Goode Is Arranging for Air ship Contests. Promise of airship contests at the Lewis and Clark Exposition are given In a tele gram received yesterday from President H. W. Goode by Vice-President I. N. Flelschner. The desirability of having these contests was recently urged upon Exposition headquarters and Mr. Goode was communicated with. His telegram states that he is making favorable prog ress in arrangements, with T. S. Baldwin for the California Arrow, the airship which has created such a furore at St. Louis. NEARLY KILLS BABY SISTEE. Boy Tries to Cut Her Head Off After Seeing Mother Kill Chickens. APPLEMONT, Wis., Nov. 12. Two lit tie sons of Mrs. Will Krausch, of , Center. tried to cut their baby sister's head off after seeing their mother cut the heads off several chickens. The little fellows laid the baby's bead on a block and the older boy lifted an ax and struck at the baby's neck. The blow went wide of the mark, and as he raised the ax to strike a second time he was stopped by a farm er, who happened to drive by and saw what the children were doing. Mrs. Lyon-Hustetv-Tbla U our new piano. Count. The tone, I believe, la perfect. Will you not play for us? Count Peanuttl (absent inlndedlr) Wz p la! sure. Slgnora Where ecaa da handle. Philadelphia Press. Grew Miss Densmore's Hair AND WE CAN PROVE IT. XrSTCRTBOJDY CAN HATJ5 NICK HAIR KOW, and yoa doa't "kayo to wait around ireelca aad month far miHlta either. Yea will sea laaprev meats fresathe Try ftrst applieatiea. Her Hair Takes en New Xife aad Grows 37 laches Xeager than It was Before. KxowtTOJr Daxdkxzsts Co.," " Gedtlcnen: My hstfr &Mjrows m teefeM steee I rljihC on growls. It seea te fairly crawl out of sy sella. Itls bbw etgst feet three incaes lone, wkka I beMrre beats the world's raeora for kg hair. Sincerely, MAY DEfEXOXE. (MIm Peagaew to anr the leageat, haired lady la the werM, made by tha se ef this Great Hair GrawiBg Saaaadr.) MW at iraggls la tfcna sUecSt , M ota a4S1.fPr bottle. ' Te saow haw aaiekJr X4rlM art pKCt w wta sea a larga laiapla free sy rt I Ilfcfrfta ham JOM.U a mrm maa iaa lata atlmtlMaMBtto the KbmtMm Jaaaariwe Oa., Ctttaacevrttfc their bum aoa mMmm aad taa als la sftrer or stamp to pay ptaae CLARKE & COMPANY. Saving shoe-money Paying $3.50 or $4 for a .pair of Selz Royal Blue Shoes, is: really : saving your money; You'll probably get double wear out of them: $3.50 or $4 for $6; or $7 worth of sfioe-wear. ' . Royal Blues arc cer- talnly economy shoes 3f LION CLOTHING CO. Outfitters to Men and Boys 1 66-1 68 Third St. Mohawk Bid. THE DOCTORS WHO CURE We want every man that is suffering from any special disease or condition to come and have a social chat with ns aad we mil explain to yon a system of treatment which Sr. W. Norton Davis has developed after over twenty years' experience in the special 'diseases of men. 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