THE SUNDAY OREGOXIAN, PORTLAND, ArRIL 28, 1907.
YOUNG
MURDERER
NUT
GO TO JAIL
Supreme Court Decides Im
prisonment of Chester
Thompson LegaC
BASED ON OLD STATUTE
Important Decision Holds That Per.
sons Dangerously Insane May Jo"
Sent to Penitentiary, and De- :
nles Two Restraining Writs.'
OIVMPIA. WaHh.. April 27. Spe
rial. Chester Thompson, who killed
Ci. Meade Kmoryft,niy be legally sent
to prison, is the decision of the State
Supremo Court, rendered this afternoon
In the application made for 4-writ of
mandate to compel Trial Judere Snell,
of the Pierce Co.unty Superior Court, to
i mpanel a Jury -to determine Thomp
son's present sanity, and for a writ
to prohlhit tlia.t judge from ordering
Thompson committed to prison. In tts
decision, which denies both these writs,
the .Supreme Court says the case is
froverncd by the old territorial law of
1854, evoked in the case of Thomas
Wrown. of Chehalls. who was acquitted
of fratricide on the ground of insanity
and promptly ordered confined in
prison.
Rilling of Court. ' .
The decision in part says:
"When we remember -that there are
different types of insanity and when
we reflect that the purpose of caring
for the insane involves both a regard
for tliem and tor the safety of the pub
lic, we cannot say that this statute
conflicts with any subsequent statute
or any principle of sound public policy.
Good reasons readily occur In justifica
tion of Its enactment.
"There are occasionally defendants
acquitted of murder on the ground of
insanity who should and can be com
mitted to the penitentiary under this
statute. A defendant so committed or
otherwise restrained of his liberty
would have the right, uppa asserting a
recovery of his sanity, to have the
question of such recovery determined
by the court. '
Authority for Sentence. .
"The statute in question authorizes
the committing of a defendant to pris
on If the discharge or going at large of
uen insane person shall be by the court
considered manifestly dangerous to the
peace and safety of the community.
The question Is suggested as to what
evidence establishes his manifestly
dangerous condition. The fact of his
having killed a human being is con
clusive that he was dangerous and the
verdict of the jury that he was Insane
at the time of the homicide; and un
less there is clear, ample and conclu
sive evidence that his mental condition
has undergone a radical change toward
a normal condition since that time, the
trial judge should not hesitate to find
him manifestly dangerous within the
meaning of the statute. .
"Of course his physical condition by
renson of sickness, disease or other
wise should have rendered him abso
lutely incapable of doing violence. We
think the word 'prison' used in this
Matuta comprehends the penitentiary.
ny county Jail and any state hospital
for the insane, and that the trial Judge
may commit to any of these In accord
ance with the nature of the alleged
insanity and the otner facts of any
given case."
for a permanent survey, look after the
rieht of way and in a general way guide
the project, was appointed: Dr. I L.
"Whitson. president Eugene Commercial
Club, and ex-Mayor F. M. Wilkins. of
Eugene; W. C. Washburne, of Junction;
D. R. Hill, of Long Tom; J. J. Bryan, of
Springfield.
The advantage of the canal will be two
foldt being a carrier of freight and' pro
viding drainage for a very productive
section of the country. .'The meeting was
verv enthusiastic and the farmers in at
tendance report that the people living
along the line of the proposed canal will
co-operate in every possible way with the
citizens in their work on the waterway.
BIG MEETING OF ODDFELLOWS
iloseburg Lodge Holds Most En
thusiastic Celebration.
ROSBBURG. Or., April 27. (Special. )
One of the most Interesting and enthusi
astic celebrations of Oddfellows ever held
in this place occurred last night. The
Opera-house in which it was held was
crowded to its fullest capacity, ' where a
programme suitable to the occasion was'
given.
The address of the evening .Was de
livered by Rev. El H. Hicks and was a
marvel of oratory and good sound sense.
tlillprPPI t
Cbester Thompson, Who May
Have to Serve Time In Prls
' on for Murder of Judge Em.
ory.
AXXIOI S TO HAVE THE CAXAL
Eugene Farmers Join With Business
Men to. Advance Project.
KUGENE. Or.. April 27. (Special.) The
fine weather did not prevent a good turn
out of farmers at the canal mass meeting
held at the Courthouse this afternoon.
8. 1 Moornead. of Junction, was made
chairman of the meeting, and D. M C.
Oault. of Cottage Grove, secretary. The
principal address was given by Congress
man Hawley. Other speakers were S. H.
Friendly. T. 3. Hendricks, J. A. J. Crow,
A. C. Jennings, D. R. Hill and George
Miller.
The following committee to arrange
It is the opinion of all who attended that
the celebration was the largest and most
enthusiastic ever held in Rose'burg.
New Bank for Yakima.
NORTH YAKIMA. Wash.. April 27.
(Special.) Councilman Philip M. Arm
bruster, principal promoter of a new bank
to be called Farmers & Merchants" Bank,
announces that the Institution will' open
for business in six weeks in Yakima ave
nue. Officers will be selected at a meet
ing of the stockholders net week.-
PULLS DOTHDRSE'S TOHBUE
DRIVER TIES ROPE TO IT BE
CAUSE ANIMAL BALKED.
For His Cruelty, Tacoma Dairyman
Is Arrested and Put Under
Bond of $100.
TACOMA. Wash., April 27. (Special.)
Because his horse balked and refused to
go under the lash. J. Grater, a Swiss,
tied a rope around its tongue and pulled
it out bv the roots. The man was ar
rested and taken to the station, where
he was released on 1100 ball, the maxi
mum amount provided by the city ordi
nance regarding cruelty to animals,
under which the arrest was made.
Grater owns a dairy near Roy. Chief
of Police Malony says this is one of the
most Inhuman and cruel deeds that has
been brought to his attention. Qrater
admitted to the police that he had com
mitted the offense.
Rapid Increase Land Value.
ABERDEEN, Wash., April 27. (Special.)
State Senator Poison, of Hoquiam, has
been speculating in real estate on Gray's
Harbonand particularly in Aberdeen. Sev
eral weeks ago he purchased a lot for
110,000 and in a week's time had received
$16,0110 for it. Today he bought four lots
on Market street for I10.0U0. Six years
ago H. Thomas, who sold them, paid $S00
for the four. This is an evidence of the
advance in real estate values which is
going on all over the city.
LANE COUNTY PIONEERS CELEBRATE THEIR GOLDEN
WEDDING
i vt -f' -O
i MB
AND MRS. LOW BY B. ROWLAND.
KfUKXE, Or.. April 27. (Special.) One of the social events of the
week in Eugene was the celebration, of the fiftieth wedding anni
versary of Mr. and Mrs. Lowry B. Rowland, pioneers of Lane County.
Mr. and Mrs. Rowland both crossed the plains with oxteams in the usual
Immigrant way in 1852. Mrs. Rowland, who ts the daughter of the late
William McCall. came across with with, her parents. Mr. Rowland
came across with the Shelly family. They both settled In Lane County,
about 15 miles east of Eugene, In the Pleasant Hill country, where
they were married In April 26. 1857.
The wedding anniversary was participated in by their immediate
family and represented four generations. Mrs. Rowland's mother.
Grandma McCall, was present. A splendid old-time dinner was served
at 1 P. M.. and the afternoon was spent In social Intercourse and a
reception by their many friends. Mr. and Mrs. Rowland were the re
cipients of many beautiful presents representative of the day. Besides
a cash donation in gold by their children, they were presented with a
handsome loving cup of china beautifully decorated In gold by Mrs. J.
W. Rowland, wife of their eldest son; a golden electric stand lamp by
Mr. and Mrs. Elston. of Seattle: a beautiful gold watch to Mrs. Row
land by the groom; a golden nut bowl from Mr. and Mrs. Hedrick. of
Salem, and a gold decorated set of china by Mr. and Mrs. Chessman of
Kugene. In addition to these they were the recipients of many other
beautiful and useful presents. The decorations of the house were In yel
low, in keeping with the day. and consisted of beautiful potted and
tut flowers from Portland greenhouses.
HIS UNO GOOD
For This Scion English Nobil
ity Lands in Jail.
IS-VERY MUCH "PUT OUT"
Man Who Claims Admiral Beresford
as His Cousin Says His Inten
" tions Were Misunderstood
by - Spokane Police.
SPOKANE. Wash.. April 27. (Spe
cial.) Major Fitzroy Beresford, scion
of British nobility, was arrested today
on a charge of obtaining money under
false pretenses. He uttered bad checks.
AH the checks were drawn on a bank
at Victoria. B. C. The bank writes
it has received numerous checks drawn
on it by this man from almost all
cities in the United States, but that
the man is unknown to it. The Major
carries cards on which is engraved
the following: "Major The Honorable
De La Poer Beresford. Member of the
United States Service Club. London;
Royal Yacht Club. Cowles; Union Club.
Dublin."
He ts a man of striking appearance,
wears a black Vandyke beard and is
in dress a dandy.
The Major was seen in his cell and
was very much angered at what he
farmed the ignorance of some person
of the -law. He said:
"I drew some drafts on me old
fr-frlend in Victoria. doncherknow.
Th' blooming gentleman' I gave them
to-ah, they were frightened of them;
but they shouldn't 'av been. now.
should they? T am en route to St. Paul
to go into business, boatin' on th' Mis
sissippi Rivah. Admiral Beresford and
I are all ov the same bunch we are
cousins.
"I shall make someone pay for my
incarceration as soon as I am safely
out of it."
INSPECTS VANCOUVER POST
After .Visit at Barracks, General
MacArthur Proceeds to Portland.
VANCOUVER, Wash..- April 2T. (Spe
cial.) Lieutenant-General Arthur Mae
Arthur, commander of the Division of the
Pacific, with headquarters at San Fran
cisco, made an informal visit at the post
this afternoon in company with Mrs. Mac
Arthur and his staff. Colonel Wenn and
Major Hart. Upon his arrival at the post
he was accorded a salute of 15 guns and
was entertained sqcially by Acting De
partment Commander Colonel Woodbury
and Acting Adjutant-General Colonel Dyer
and staffc. The. general is - en route to
Seattle, where he will meet General
Kurokl of the Japanese Army to escort
him on his visit to the Jamestown Ex
position. -
While here General MacArthur made an
inspection of the post and the new work
under construction. He was much pleased
with the appearance of the barracks, and
after a ride through the grounds of con
siderable length he left for Portland on
the 6 o'clock ferry and will remain 1n
that city, leaving for Seattle at 8:30
o'clock tomorrow morning.
Lieutenant-General MacArthur, the
high ranking officer of the United States
Army, spent last night at the Hotel
Portland and will leave this morning for
Seattle. Last night he received calls
from several of his Portland friends. He
had very little to say and with military
reticence refused to be interviewed on the
proposed new fortifications on the Ha
waiian Islands.
HARRIMAN OFFERS RELIEF
Willing to Aid Washington Lumber
men, but HIU Refuses.
TACOMA. Wash.. April 27. (Spe
cial.) At a meeting of the Pacific
Coast Lumber Manufacturers' Associa
tion here today a letter was read from
Interstate Commerce Commissioner
Lane in substance as follows;
Harriman wants to help the lumber
manufacturers of Washington to market
their product. He is willing to join
with the Northern Pacific in the estab
lishment of a joint rate through the
Portland gateway and an interchange
of ioaded cars, but the Northern Pa
cific refuses to co-operate with Harri
man. The Hill Interests even refused
to dlscnss the matter.
Commissioner Lane says the com
plaint of the Manufacturers' Associa
tion will be called for hearing during
May. At the meeting today the State
Railroad Commission agreed to accept
the proposition of the Northern Pacltto
to keep the car records open in Spo
kane. Seattle and Tacoma.
Officials of the Northern Pacific sent
written statements denying that any
discrimination was being shown in the
distribution of cars. The scarcity of
men for logging and mill work Is
caused by high wages paid by railroad
contractors.
EDITOR MUST PAY $13 LIBEL
William Ryan, of Tillamook, How
ever, Had Asked for 93000.
TILLAMOOK. Or., April 27.-(Special.)
Yesterday in the Circuit Court the second
libel suit at this term of court came up
for trial, William Ryan having sued
Rollle W. Watson, editor of the Tillamook
Herald, for libel and S3000 damages. The
libel suit was the outcome of a letter pub
lished in the Herald signed by S. J.
Smith, accusing Ryan of lawlessness, and
chicanery, and also or robbing John Mc
Namer. Ryan was active in opposition to
the Wilson River toll road, and he was
one of those who helped tear down the
toll gate, as those who were running the
toll road did not have a legal contract.
He was also at the back of the injunc
tion proceedings which knocked out the
toll road after a hard legal fight In the
courts, restoring again to the people
their right to travel the Wilson River
road without being held up for toll. After
being out for about six hours the Jury
brought in a verdict for plaintiff and J13
damages.
XEW LINE SHIPS TO ORIENT
Three Vessels W ill Be Added to the
Route l rom Puget Sound.
SEATTLE. Wash., April J7. A new
Oriental steamship line was formed
yesterday by the Centennial Mill Com
pany, of Seattle, and the Jebsen Steam
ship Company, of Hamburg. Three
vessels will be placed on the route,
with an aggregate tonnage of 6500 tons
net.- These vessels will carry cargo
between Seattle and the Orient.
The German steamship Folosan will
be the first vessel to take cargo for
the new company and will start to load
about the first of the week.. She will
be followed by the Eva. now loading
grain at Portland for the Centennial
Mill Company to be shipped to Japan,
- 0Z0MULSI0N GUARANTEED
Under the Food and Drags Act
June 30th, 1906 Serial No. SS2.
PALE PEOPLE
Wonder why they feel so debilitated
why their cheeks, lips and tongues arc
almost colorless.
- The reason is easy to find.
: The blood is in an abnormal condi
tion, and is deficient in red corpuscles.
This condition is not a disease in it
self, but the result of disease.
It may . be produced by dyspepsia,
malaria or hemorrhage; bat the most
common cause is insufficient nutrition.
What is wanted is a nutrient which
will increase the '.Vital force and put
the blood, in a normal condition.. .
MM MI T!
1 'wj:-ial.a,4 '.' i
1li -tnT'iiintnrr; iltiiniiiii' 'miBMa i .ififiijr
Tkt Cod Lkmr OH E-ulsUn "Par BsctHne."
does this as no other remedy can. It
supplies the nourishment to build tip
the tissue and increase the red corpus
cles of the blood. It gives strength
and color. It does this because it con
tains Guatacol, Glycerine and the Hy
pophosphites. These destroy the germs of disease
and create appetite.
The Cod Liver Oil supplies, the food
that puts on the. flesh and makes
strength.
This means health; and health means
happiness, contentment and wealth.
OZOMULSION is the Remedy
Physicians Prescribe for Colds,
Coughs, Consumption and all Pulmon
ary Troubles; Scrofula, General Debil
ity, Loss of Flesh, Anaemia and all
Wasting Diseases.
For sale by all druggists.
There are two sices S-or. and IS-os. Bottles g
the Formula is printed in 7 languages on each.
ozomulsion Laboratories
548 Psarl Street, New Tork
nounced, will be added to the fleet.
These vessels will sail regularly from
Puget Sound to the Oriental ports.
Mrs. Sarah Clark, of Astoria.
ASTORLV, Or., April .27. (Special.) Mrs.
Sara Clark, wife of -J. T. Clark, of Chi
nook, died at the family home last eve
ning of heart disease. The deceased wan
a native of Indiana. 99 years of age.
Smell v yrV
Lwfl
Toothache Gum
Tbe only rm3j that vtopc toothacb f
inttantly. B
Tbe only toothache gum tbat cleans
the cavity and prevents decay. g
Imitation do not do the woTk. See that f
toq get Deal's Tswtaaeme sa. At SU 3
druggists, U cents, or by mail. m
Dent's Corn Gum teJSK? 1
C. S. DENT A CO.. Dttrolt. Mich. 1
iiiiOTinMiinnmniBmiiiBiiiiwiimmwiiuiiiIiiiiuudS
Clothes of
Quality
You'll find quite a variety of
suit styles here to choose
from this season.
You may be sure of 'getting
correct style, absolutely
all-wool fabrics, honest
tailoring and perfect fit, if
you are particular to buy
your clothes here and to
ask for Hart, Schaffner &
Marx Clothes.
Three-Piece
Spring- Suits
$15 to $35
Copyright 1907 by Hart Schaffner & Marx
Two-Piece
Summer Suits
$10 to $25
WE ARE SHOWING A MOST COMPLETE LINE OF
STRAW AND PANAMA HATS
lain! Rosenblatt & Co.
- v CORNER THIRD AND MORRISON STREETS
CilUIITO'.WUWUUjj
MlitlA
JJIIIIIIMIAIHMMfllll;uiIMIM UUWWffltmTIMtKrKfpj
I : a t ... 1 4 3 1
ft
m V.. L
V
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lit
S aanuuu
r ir 1 '
REG. V. i PAT. OFF.
WEARS LIKE IRON.
r i ' r 1 n
j f v 1
THE ORIGINAL STAIN AND VARNISH COMBINED
The greatest factor in housekeeping economy.
DEAD BLACK OR BRILLIANT BLACK
JAP-A-LAC used on WINDOW OR DOOR
SCREENS, not only beautifies, but preserves them.
There is scarcely a thing about the house which
is subjected to such hard usage as your screens.
They are exposed to the hot sun of noonday, the
dew of the .evening, rain, wind, and the ravages of
the elements, more than any other household acces
sory. JAP--LAC will make them last years longer
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m m S
so little that you cannot afford to neglect its liberal use on all of your screens. Sixteen
colors-a thousand uses. Rejuvenates everything about the home from cellar to garret.
ALL SIZES FROM 15c to $2.50. For sale by paint, hardware and
drug dealers. Ask for card showing beautiful colors, and illustrated
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