THE SUNDAY OREGONIAN, FORTLAXD, MARCH 31. 1907.
3
BEHIND TIME LIMIT
idaho Men Aver Statute Limi
tations Has Run.
WANT CASES THROWN OUT
It Is Expected, However, That Judge
Beatfy Will Overrule Demurrer
Set Vp by Men Indicted
for Land Frauds.
BOISE. Idaho. March -(Special.) To
day in the United States Court a demur,
rer was filed in the land-fraud charges
asalnst U M. Pritchard. Pat Downs and
John I. Wells. The main contention of
the demurrer is that the statute of limi
tation has run. It is set forth in the in
dictment that a conspiracy was entered
into by these men. John Kinkaid. three
others named In the Doe family and
divers other persons to the prosecution
not known, and that in September, 1901,
entry of timber lands was made in pur
suance of the conspiracy.
The contention of the demurrer is that
the law of conspiracy attached when that
first overt act was committed, and that
Hie statute of limitations then began to
run. As It bars a case In three years, it
it claimed these cases are therefore out
lawed. The indictment narrates various other
arts continuing through several years,
which. It is supposed, will be relied upon
to hold the alleged offense within the
limit. The attorneys for the defense ex
pect to win on the demurrer. It is an
nounced by Judge Beatty that he will not
hear it.
The fame demurrer will be filed in the
case of John Kinkaid when he reaches
Boise. He was ar-ested at Wonder. Nev.,
on a warrant from the United States
Commissioner's Court here. Taken to
Reno, he received a hearing and expected
to arrive here tomorrow. He was closely
associated with Frank Steunenberg In a
number of timber transactions. Leaving
Boise some time ago. he went to Nevada
and opened a law office for the practice
of law.
There was nothing of consequence be
fore the grand jury today.
John Steunenberg. administrator of the
estate of his brother, the former Gov
ernor, came up from Caldwell, bringing a
lot of papers belonging to the deceased.
It is understood he was not before the
jury, but was examined by the District
Attorney.
"SO INFECTED SHEET - THERE
I'olk County Growers Resent State
ment Sent From Salem.
INDEPENDENCE. Or.. March .10.
(Special.) Polk County sheepowners
were surprised to read In a Portland
paper that fi per cent of the sheep In
Polk County were affected with scab.
A number of them have been ap
proached in regard to scab affectlngr
the sheep In the county, and the uni
versal expression is that the state
ment Is false. . "Not one case of scab
exists in Polk County at the present
time to my knowledge." said one of
the principal sheepmen -in the county
today, and. further. lie said that the
regularly-appointed and acting Sheep
Inspector knew of no cases. The re
port originating from the capital city
Is entirely discredited.
Polk County has for years been rec
ognized as the home of the best-bred
sheep and goats in the state. Breed
ers for ye' rs have been adding; the
best obtainable blood to their flocks,
and by careful methods In breeding and
by the excellent attention given their
flocks they now raise a class of sheep
and goats a market for which is had
all over the Western range country.
81 KS TO RETAIN ISICH LAND
T It. Sheridan Avers Southern Pa
cific Occupies His Holdings.
ROSKBURG. Or.. March 30. (Spe
cial.! T. R.. Sheridan, president of the
First National Bank of this place, has
Instituted suit In the Circuit Court of
Coos County against the Southern Pa
cific Railway, claiming ownership and
right of possession of 34 blocks of the
marsh lands of Marshneld, on which
is located the depot, yard tracks, ware
houses and other buildings occupied by
the Southern Pacific except the round
house and repair shops.
Upon being Interrogated regarding
the suit. Mr. Sheridan confirmed the
report, but declined to enter Into de
tails, claiming the action was purely
one of record. The value of the prop
erty Involved is upwards of $250,00",
and. in addition to possession to the
property, damages for Its occupancy
aie asked. ,
REGISTERS AND DROPS DEAD
K. C. Stevens Dies Fnder Peculiar
Circumstance!, in Tacoma Hotel.
TACOMA. Wash.. March 30. (Special.)
E. C. Stevens dropped dead at the Grand
Central Hotel about 9 o'clock last even
ing, just after he had written his name
on the hotel register.
He arrived on the Northern v-cj-train
from Graya Harbor. antssVrfL-f'tW
at once to tho hotel, apparently in "hiR
usual health. He had scarcely written
his name when he threw up his hands
and sank to the floor, expiring In a few
seconds.
It was thought death resulted from
heart disease or apoplexy, but an autopsv
will be held by Coroner Stewart Ste
vens was about 40 vers of age. unmar
ried, and so far as known had no rela
tives here. I
AX EPIDEMIC
OF
SlICIDE
Women of Tenderloin in Aberdeen
Swallow Ins Much Poison.
AftKR.iE EN. Wash.. March .10. An
other attempted suicide of a woman in
the tenderloin district calls attention
again to the epidemTc among the out
casts the past few months. At least
a dozen girls have taken antiseptic
tablets, two have died and three are
In the hospital. The police have
driven all of those who have attempt
ed suicide, without serious results,
from the city, but the continued at
tempts upon life by the tablet plan Is
causing alarm even among the class of
persona who live In that district.
Kfforts have been made to keep the
milder cases from the public.
Hardware Store Looted.
OREGON CITY. Or.. March 30.
Special.) Wilson ft Cooke's hardware
tore on Main street, near Sixth, was
ntered last night by an unknown theif
and shears, knives and razors to the
value of 3SC0 were taken. The burg
lar obtained entrance by cllmWng on
ii bank in the rear of the building, and
from there to a shed roof, breaking
through a window on the second floor.
It is evident that the midnight prowler
was new to the game, as the safe was
untouched. He did not molest the
money drawer, containing change, but
went through three showcases, secur
ing about 150 knives.
DAMAGE VERDICT SET ASIDE
Washington Supreme Court Says Ac
cident Was Victim's Fault.
OLYMPIA, Wash., March SO. (Spe
cial.) The State Supreme Court today
set aside a $2000 Judgment recovered
by Lafayette Skinner against the Ta
coma Railroad & Power Company for
Injuries received by being knocked
down- and dragged by a car on K
street. Tacoma. The court found that
Mr. Skinner had lived near the carllne
for years, and was familiar with car
movements. In spite of that fact, he
walked out on the track at night in
front of a lighted car and before the
car headlight showed him to the mo
torman, it was too late to stop the car.
it was the victims own fault, says
the court, and the case is ordered dis
missed. The fact that the car was
running at speed permitted by city
ordinance was one clement considered
in setting aside the verdict.
HIS BODY TORN TO BITS.
Winlovk Young Man Killed by Acci
dent in Sawmill.
WIXLOCK. Wash. March 30. (Spe
cial.) Ben Fleishma-n, a young man
here, was caught In a shaft at the
Capitola mill today and Instantly
killed. The body was horribly man
gled, parts being thrown the entire
length of the mill. Charles Kalista,
who was standing near, was struck
by the flying: body and severely in
jured. The two men were attempting
to put a belt on the pulley when Fleish
man was caught.
FATES WITH THE ACCUSED
CHIEF WITNESS IX MURDER-
CASE DIES SUDDENLY.
Aged Woman Had Made Long Trip
Through Snow to Give Her
Testimony in Case.
LEWISTON. Idaho. March SO. (Spe
cial.) Mrs. Sylvester Scott, the principal
witness for the state in the Swan-Knud
son murder case at Grangeville. died sud
denly early this morning at her (laugh
ter's home at lawyers Canyon.
Her death was due incidentally to the
hardships she underwent last Winter
while traveling from her ranch to Grange-
ville to testify against the men accused
of the murder. The snow was so deep
that her horse could not wade through
It. and Mrs. Scott, who was then 70 years
of age. put improvised shoes on his hoofs
and rode on into town. It was her first
trip to Grangeville In 13 years. Miss Rose
Scott, her daughter, the second most
valuable witness for the state, is dying
of typhoid pneumonia at the Wiltze Hotel
at Grangeville. With both witnesses
gone, it is likely that the state will aban
don Its case.-
Mrs. Francis Justice, one of the prin
cipal witnesses for the Government in
the subornation of perjury case against
William Dwyer In the recent land-fraud
cases, had a narrow escape from being
cremated in. her house, which was de
stroyed today. She accidentally upset
lamp, and Instantly she and the room
were enveloped in burning oil.
Mrs. Justice had presence of mind suf
ficient to wrap a blanket around herself
and leave the building, which was en
tirely destroyed.. She was badly burned
about the lower limbs.
HORSE SHOW AT BAKER CITY
Affair Such a Success Another Will
Be Held in June.
BAKER CITY. Or., March 30. (Spe
cial.) Baker City's first horse show
was held this afternoon on Front
street, and for more than an hour held
the attention and excited admiration
of the large crowd which lined the
street to see the many beautiful ani
mals. The procession, which was
headed by the White Swan band, start
ed from the appointed place at 2:30,
and about 40 of the finest horses ever
seen in Baker city were in the parade.
This is the first event of the kind
ever held in this city, and so great
was the interest of the spectators and
the participants that Itr has been de
cided to hold a similar event in June.
WOl'XD MAY PROVE FATAIi
Young- Man Who Resisted Arrest
Shot by Officer at Weston.
WESTON. Or.. March SO. (Special.)
Justie Read, 21 years old. was shot in the
hip by town Marshal Dave Lavended this
afternoon, and badly wounded. Read and
another young man. Jess Mitchell had
been creating a disturbance on the street.
Read was on horseback when the Marshal
attempted to arrest him and rode rapidly
away. The officer fired four shots, in
tending only to frighten Read, one killed
the horse, and another wounded the rider.
The doctors in attendance regard the
case as critical, a bullet having perfor
ated the intestines.
DEFEATED BY DEAF MUTES
Portland High School Baseball Xinc
Loses at Vancouver.
VANCOUVER, Wash., March 30.-(Spe-clal.)
In an interesting game of baseball
on the Washington grounds this after
noon the Washington State School for
Deaf Mutes defeated the Portland High
School by a score of 1 to 0. Hunter, who
did the pitching for the deaf boys gave
no free passes to first base, struck out
eight men and allowed but one hit. The
Portland boys did not get beyond second
base during the entire game. Kane, of
the Washington team, made a home 'run
In the fourth inning, the only score in
the game.
STATE SHORT ON READY CASH
Washington Has but $162,000 to
Meet $3,000,000 In Expenses.
OLYMPIA. Wash.. March 30. To meet
the more than $5,000,000 in appropriations
made by the last Legislature for state ex
penditures for the two years beginning
next Monday, there is on hand In the
State Treasury General fund less than
$162,000. All told, the Treasury at the
close of business tonight holds about
$1,626,000. according to a statement issu4
by 'treasurer George G. Mills, but of this
a considerable portion Is the permanent
school funds, which the state cannot
touch.
Schooner Salino Breaking Vp'. -
ABERDEEN. Wash.. March 30. Cap
tains of crafts arriving here report
that the last storm has decided the
fate of the schooner Salino. ashore five
miles south of Willapa Harbor, and
that she is fast breaking up.
IF YOU WANT TO KNOW WHAT SMARTLY DRESSED MEN WILL WEAR
THIS SEASON, ASK BEN SELLING
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JUST TO REMIND YOU
That our SPRING CLOTHES-the
CLOTHES of the HOUR are ready
for your inspection.
IN A CLASS BY THEMSELVES, they have an
air of elegance and exclusive individuality,
approximating perfection.
YOU ARE INVITED TO SEE THEM.
MEN'S SUITS and TOPCOATS
$15 to $40
OUR
JUVENILE DEPARTMENT
Carries the same HIGH STANDARD
as the men's.
THE MOST COMPLETE assortment of
JUVENILE wear on the coast.
THE MOST COMFORTABLE SHOPPING
PLACE in Portland.
f W. C. OT
BEN
NG
LEADING
CLOTHIER
HEATED CONTEST ON
Eugene Wrestling With Munici
pal Ownership.
HOLD ELECTION TOMORROW
Purchase of Water System Is the
Problem Public Meeting Hears
Messages of Encouragement
From Other Oregon Cities.
ECGEN'E. Or.. March 3J. I Special.)
Five hundred men met at the Court
house here tonight to discuss city
ownereship of th Kugene waterworks,
the Issue which will be decided Mon
day. April 1.
The preliminary election work has
not been carried on to any jrrear ex
tent in the papers, but both sides have
been busy wita Individual workers all
over mi city for the imst week.
The speakers tonight were not radi
cal, but fair. There was no abuse, but
there was a spirit of determination
with the speakers and listeners that
promises to continue until the closing:
of th polls Monday evening.
Telegrams were read from Oreiron
towns owning- their own water sys
tems, and each message spoke unquali
fiedly in favor of city ownership from
ftnancUl and every other standpoint.
The messages were from Oregon City,
Pendleton. L'nion, Baker City, Corval
lls ana Ashland.
A considerable fund has been raised
to fight the city's battle, and while the
election Monday will be orderlv with
out doubt it will be the most stubborn
ly contested in recent years.
Taken East to Stand Trial.
ASTORIA, Or.. March 30. CSDecial.
Sheriff Burns, of Knox County. Ne
braska, arrived here today after Dan
iel Westerman, who ts wanted at
Creighton, Neb., to answer to a charge
of forgery. Westerman was arrested
by Sheriff Pomcroy a few days ago at
Fort Stevens, where he was serving
as an enlisted man In the Army. He
is accused of forging a check for $700
and has confessed his guilt.
BANKER BARXETT SELLS OCT
Disposes of His Wasco Holdings lo
La Grande Capitalists.
WAOLAJ, Or., March" 30. (Special.) The
largest" financial transaction In the his
tory of Sherman County has just been
consummated, AV. M. Barnett, the pio
neer merchant of Wasco, has disposed of
all his city holdings, consisting of flour
ing mills, grain warehouses, general mer
chandise stock, and store buildings. The
deal also includes his banking business,
which together with his ojher holdings
makes the deal in round numbers amount
to 3100,000. Hamilton & Seroggins. capi
talists of La Grande, are the purchasers.
It is given out that the new firm will
establish a National bank at Wasco.
CITV GETS $5000 TAX MOXEV
Circuit Court Renders Decision in
Favor of Eugene.
EUGENE, Or.. March 30. (Special.)
Judge Hamilton today handed down
his decision In the case of the City of
Eugene against Lane County, the re
sult of whlcn will give the city $o000
in road tax that had been collected
by the county.
Some time ago the city brought suit
against the county for road tax col
lected in the city limtts and spent' out
side Eugene. Eugene being an inde
pendent road district. The case was
decided by Judge Chrisman. at the
County Court, against the city.
General Booth in Seattle.
i
SEATTLE, Wash., March 30. Gen
eral William Booth, founder of the
Salvation Army, arrived in Seattle to
night on the way to Japan. He will
embark Monday 0n the steamship Min
nesota. General Booth is well and will
deliver three addresses here tomorrow.
Fatally Crushed In Gravel Pit.
ABERDEEN, Wash.. March 30. Jo
seph Hawkins, who was so terribly in
jured by a cave-in or a gravel pit, is
dead from the shock and internal in
juries. His mother, who lives in vw
York, has been notified.
THEATERSGflN OPENSUKDAY
COCRT HOLDS CLOSING LAW IS
DEFECTIVE.
Judge Snell, of Tacoma, Renders
Sweeping Decision In Effort to
Enforce Blue Law.
TACOMA, Wash., March 30. (Special.)
That the law regarding the closing of
theaters on Sunday i unconstitutional
and that the various theaters of the city
may continue with their performances
each Sunday, Is the ruling made by Judge
W. H. Snell in the Superior Court today,
when the cases of the State against Man
ager Herald, of the Tacoma Theater,
"Manager Dean Worley, of the Grand. W.
J. Timmons, of the Crystal, and Managers
A. Engel and Worley. of the Star, were
brought up for assignment.
Judge Snell dismissed the entire list
of cases on the grounds that the law as
adopted is against the mere opening of
the theater, not against giving the per
formance. The court held that the state has no
right to say whether a place shall be
opened when the character of the per
formance Is not stated.
"If a church were next door to a thea
ter and a lecture was- to be given, it
could not be closed," said Judge Snell,
"and I don't believe the law which says
the theater doors shall not open on Sun
day Is constitutional.
Prosecuting Attorney Rowland will ap
peal the cases to the Supreme Court.
Addressed by Dr. H. D. Sheldon.
SALEM. Or., March 30. (Special.)
At the regular monthly sessjpn of the
Marion County Principals' Association,
held this afternoon at the State House,
nearly CO educators from all parts of
the county were present, and an in
teresting programme was participated
in. The assembly was addressed by
Dr. Henry D. . Sheldon, professor of
philosophy and education at the Uni
versity of Oregon, Eugene.
City Receives $1441 in Fines.
. ASTOyRI A. Or.. March 30. (Special.)
According to the records of the As
toria police department the collections
from lines nd forfeiture riurino- the
month of March amounted to $1441. I
The recepits of the department from
sundry licenses during the three
months ending tonight were $2521, and
of the latter amount 1997.50 was from
licenses on slot machines.
Judges at the State Fair.
SALEM. Or.. March 30. (Special.) The
judges for the livestock and county'x
hlblts at the coming state fair, to be
held here September 16, have been ap
pointed by the board as follows:
President, X. A. Glvin. of the Angora
Goat Association of Lawrence, Kansas;
Professor W. A. Carlyle, of the Govern
ment Horse Breeding Station, of Fort
Collins, Colo., the only institution of its
kind In the country; W. H. Dodson, of
Marlon, Iowa., who had charge of the
horse section of the livestock exhibit of
the Lewis and Clark Fair, and Ed Car
lisle, of Portland, the well-known author
ity on poultry.
Carpenters Want Increase.
VANCOUVER, B. C, Mai-'ch 30.
While there is no immediate prospect
of a general strike of- the trades con
nected with building operations in
Vancouver, it Is understood that thera
will be no carpenters belonging to anv
of the brotherhoods or unions at work
in this city on Monday. The men are
asking for higher wages.
Falls With Lighted Lamp.
OREGON CITY, Or., March 30.
(Special.) Miss Maud Moran had a
narrow escape from terrible injury
last night. She made a misstep while
descending the stairs at her home and
fell down eight steps. Miss Moran was
carrying a lighted lamp in her hnnds.
but it was luckily extinguished when
she fell, and she sustained no injury
beyond a few bruises.
Grant County Taxes Paid.
SALEM. Or.. March 30. (Special.)"
State Treasurer Steel today received
the first half of the year 1907 tax col
lections from Grant County amounting
to $4715. The payments of tax col
lections are now beginning to come in
aany, Keeping me orisce lorce very
busy.
Gitiraffiffi m? mm ami
Graded streets, cement sidewalks, boulevard
system, small parks, building restrictions, 15 min
ute car service, speedway, direct road, to the heart
of the city, Bull Run water, high elevation and
magnificent scenery, are a few of the features
that make Rose City Park superior to any other
residence location in the City of Portland. These
improvements are guaranteed, and work on most
of them and many more is now being done. Hun
dreds of men are working there now. More than
this, the prices at which we are selling Rose City
Park lots include all of these advantages, with
out any other expense to the purchaser.
HARTMAN & THOMPSON,
Bankers.
Chamber cfc Commerce.
A