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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (May 19, 1907)
1 - THE SUNDAY OKEUOMAJT, PORTLAND. 3IAY 19. 1907. 'i 1 :) f r ;1 .I JURYGANNOTAGREE Dr. H. T. Atwood Must Come Before Court Again. CASE PUZZLE TO JURORS Stand 4 to 8 for Acquittal on Third Ballot and Arc Discharged. Court's Instructions the , ; Stumbling Block. After being out from 4:30 yesterday afternoon until 9:15 o'clock last night, the jury in the case of Dr. H. T. Atwood dis agreed, and was discharged by Circuit Judge Gantenbein. The Jurymen were hopelessly at eea from the time they were locked up, and several inquiries made by the Judge developed the fact that so many lgal problems had confronted them that they probably would never agree. Three ballots were taken. The first was 6 to 7 for acquittal, the second 4 to 8 for acquittal and the last the same. The perplexing questions involved were con tained in six of the instructions given them by Judge Gantenbein. Bailiff Eckler took the jurors out for upper at 6:30 o'clock, and they were locked up again at 8 o'clock. When the news came from the Juryroom at 8:13 o'clock that no agreement could be reached. Judge Gantenbein ordered the Jurors into court, and said: "Owing to the fact that this Jury, has Berved longer than any other during the term and In view of the perplexing issues in this case, and the fact that It 1b Saturday night, and If you stay over Sun day, it means I will have to keep you until Monday; also that It would probably be of no avail,. I think it advisable to dis charge you for the term, as this will be your last case." The 12 men who listened to the evidence In the Atwood case were 1C Lin ks. John Luethe, Otto Roenicke,' Otto Ruedy. E. O. Temple, D. C. RodRers. J.- V. RandeMn, Minor W. Gattoti, T; T. Burkhart and K. P. Harndon. Dr. , Atwood remained until the Jury came in, and after they were discharged said: "All I deflre to say is that I told the whole - truth." District Attorney Manning will take Into consideration the tiling of a motion for a new trial. Dr. Atwood was arrested April 6, on an indictment charging him with per forming a criminal operation on Hattle Kee, a 36-year-oJd girl. W. B. Holdiman was before that date arrested on a statu tory charge for leading the girl astray and being the cause of her plight. He pleaded, guilty, but was not sentenced, as the District Attorney desired to use him as a witness if necessary. Holdi man, however, did not go on the stand, but was "brought Into court during the trial and heard most of the testimony. District Attorney Manning announced yesterday that he would file another in dictment against Holdiman in connection with the case. Dr. Atwood took the stand in his own defense during, the afternoon and testified as to the treatments he is alleged to have given the girl. He denied any criminal intent. Mias Grovor, who has charge of the Maternity Hospital at Trtsmont, which is owned In part by Dr. Atwood, testified that she saw nothing of a criminal na ture in connection with the case. The trial attracted much attention from physicians, and throngs of curious people poured into' the courtroom daily to witness the proceeding?. . ", . During the arguments of District . At torney Manning, Deputy District Attorney Moser and lawyers Logan and Meacham, the courtroom was packed to the doors. A dozen members of the-Boys' and Girls' -Aid Society were assembled inside the rail and many of the leading lawyers of the city sat at the long tables to listen to the speeches. Attorney Logan made a. strong plea on behalf; of his client saying that nothing of a criminal nature was proved. Dis trict Attorney Manning told the jury; he intended to prosecute all physicians in the city who were known to have per formed criminal operations and intended to wipe out the "practice. Deputy Dis trict Attorney Moser urged that the Jury convict Atwood and make an example of him to stop such practices by other physicians. ' THE AID SOCIETY INTERVENES Removes 12-Year-Old Girl From the Custody of Maternity Hospital. Juvenile Court Officer Holly yesterday afternoon forcibly took away from the Maternity Hospital at Tremont, little 12-year-old Viola Ore on complaint made by the .Boys' and Girls' Aid Society, that it is not a fit place for a youni? girl to re . main. The hospital is owned and con ducted by Dr. t'. II. T. Atwood and his . Hon. The complaint was investigated and Holly was sent out to bring in the child. Her parents, who are .in a log ging camp near Portland, will be notified to come here and take charge of her. In explanation of the matter. Dr. At wood said last night when interviewed: , -f "The mother of this gin wanted to go to her husband, who was working in a logging camp, and asked that we take the girl and keep her at the hos-pltal, so that she might attend school. There is nothing wrong about it that I can see. Miss Grover is giving her good attention, and she is better off than she would be up in the woods." "Don't you think that such a place Is not fit for a young girl of 12 years old to live?" was asked. "I don't see why. She saw none of the operations, or anything to hurt her. She la the same as many other little girls you see running about hospitals." The case will be investigated further by the Juvenile Court officials. In regard to the baby waif Dr. Atwood is alleged to have sold to certain people, mention of which was recently made in a local paper. Dr. Atwood said that as soon as lie heard the charge he secured the affidavit of the people who adopted the child, in which they assert that they paid him $5 for caring for the waif for the two weejts it was in charge of Miss Grover at the hospital. He says that the nurse got that money. WILL DETERMINE HIS SANITY Portland Physician to Examine Al bert Oleman, Boy Murderer, As to whether Albert Oleman was ir sane at the time he murdered his foster-mother will be determined by a board of examining physicians tomorrow. The boy was brought from Columbia County yesterday by Sheriff 'White, and turned over to Sheriff Stevens. Oleman's lawvers, A. B. Taylor and J. YV. Day, ac companied him. The boy will be held here awaiting Instructions from Circuit Judge T. A. McBride, of Columbia County, who ordered the examination. Dr. W. T. Williamson, Dr. 8. E. (Josephl, and Dr. Hause were the physi cians named by Judge McBride to make the examination, but Dr. Williamson is in Baker City, and Dr. Joseph! Is la .'ew York, en- route to Europe, and others will have to be chosen. It Is understood that the basis of the examination will be an injury sustained by Oleman when he. waa 5 years old. When questioned Kbout it, he says that he had pains In his head at the time he committed the crime, and has them frequently at the present time. Herman Enke Gets Divorce. Circuit Judge Sears yesterday granted Herman Enke a divorce from his wife Annie Enke, on the ground of incompati bility. Enke the day before placed prop erty valued at $24,000 in trust with Mrs. Enke's brothers. the income of which sum will be devoted to the support of her and her children. Her husband gives her the custody of the two younger chil dren, and he takes the three older ones, by an agreement approved by the Court Either parent can vi3it the children In custody of the other at times deemed reasonable. Wife Alleges Desertion. , Gerda Christine Hermanson yesterday filed a complaint in the - Circuit Court asking a divorce from her husband Chris ten Hermanson, on the ground of deser tion. They were married in San Kafael, Cal., January 14, '1902, and lived together but a year when the husband without explanation left his wife, and disap peared. They have no children. CRITICALLY ILL IN ITALY J. H. Flsk, Pioneer Portland As sayer, Reported Near Death. Cablegrams received here yesterday by Bertrand E. Fisk from Naples, Italy, announce the critical Illness from liver complaint of James H. Fisk, his father, and the probable death of the well known Portlandfer within a short time. He was on a tour of Europe,- and was en route to Cairo, Egypt, when stricken. For years he lived In Portland and was engaged In the assay business. Three cablegrams were received, the first unsigned, and the others signed by the American Consul, as follows: "Father hopelessly ill. International Hospital." "Father reported dying. Wishes American Express send remains to Portland." "Condition desperate; come. Find ca blegram Grand Union Hotel, New Vork." - Upon receipt of the cablegrams, Ber tram! JE. Fisk, the son. ..arranged la go' to New York, and will leave this morn ing at 9:30 o'clock, Upon reaching there, he will be governed by the news that awaits him. James H. Flsk is a widely-known Oregon pioneer. He was engaged for many years in the assay business : in this city. He came to the state in 1860, shortly afterwards being united in marriage to a daughter of Lot Whit comba steamboat operator. Mr. Flsk left here the latter' part of January on a tour of Europe, and the last letter from him told of his illness at Naples. He expected, however, to proceed in a few days to Cairo, Egypt, and that he was probably fatally ill was first con veyed in the cablegrams to his son. His wife passed away several years ago. Mr.- Flsk was born in Chashler, Conn., November 10, 1833. ANNUAL MEETING IS HELD Graduates of St. Helens Hall Hear Address by Bishop Scadding. The regular annual meeting of the alumnae of St. Helens Hall was held yesterday afternoon in the large chapel of the school. In past years the meet ings have been held ir June, during the commencement exercises, but as that time was found to be unsatisfactory, the event was held a month earlier this year. The sisters in charge of the hall and the pupils all gathered to make the meeting one of the largest and most successful ever held. The day began with morning service in the chapel, at which Bishop Scadding officiated, assisted by Rev. George B. Van Waters, D. D., one of the members of the board of rchool trustees, 'and Rev. W. A. M. Breck, chaplain of the school. The religious services consisted of. prayer and ritual and ended with a sermon by Bishop Scadding. "The bishop took as a text for hie sermon the 25th psalm, "Unto thee, O Lord, I will lift up my soul." In his sermon the. bishop dwelt on the. value of prayer and its importance In the upbuilding of a Christian soul. ' After the religious talk the bishop spoke directly to the alumnae. He reminded them of their duty to their school; he spoke of that for which the school stood, the union of religious and secular education, the upbuilding of characters well as the training of the mind. He thanked his hearers and the sisters in charge of the hall for their stanch support and good work in thje past arfd expressed hope that the would be as successful in the future. At noon the alumnae entertained Bishop and Mrs. Scadding and the clergy connected with the hall at a lunch. School Teacher Dies Suddenly. Miss Margaret Protzman, daughter of ex-Postmaster B. C. Protzman, died yes terday morning at the family home, 265 Thirteenth street, from a severe cold, contracted recently. Her death was most unexpected. Slie was a teacher In Couch School. She Is survived by her parents and two sisters, Mrs. Edna H. Hessel, -formerly- society editor " of ' the Evening Telegram, but now living at Ar eata, Cal., and Miss Kate Protzman, a teacher In the Park School. Miss Mar garet was 24 years of age and was born here. Funeral arrangements have not been perfected. SUPER BSTYLES In evening and Summer dresses now on sale at Le Palais Royal, 375 Washington Btreet. .... FICli'RE WITH BARRKTT'8 For light fixtures and wiring, 5 'A-'- -J ' .r.-r: 1.'- . . i-Tu'-v - J .rrxmzjxr ..--..si.f J. H. Flak. j BY LYTLE Stock of the United Railways . Again Changes Hands'. WILL COMPLETE PROJECTS New Owner to Use Line as Continu ation of Tillamook System, Now Being Constructed Details Are .Withheld. After many vicissitudes, the majority of the stock of the United Railways has passed into the hands of E. E. Lytle. president of the Pacific Railway & Navi gation Company. He says he will com plete the projects as already mapped out, but he Is not yet familiar with the details of the system he has acquired, and de clines to discuss It further. He confirms his purchase of stock but will not state what the control of the road cost, nor from whom he bought it- It is under stood that he ' secured the stock from local business men who are on the bond given the city as assurance that the fran chises would be rightly used. The chief object in acquiring the prop erty seems to be to afford an entrance intq the city from Hillsboro for the, Pa cific Railway & Navigation Company, which is now building a line into Tilla mook County from Hillsboro. Mr. Lytle expects to build the projected Hillsboro extension of the United Railways system and haul the timber and other products of Tillamook Into the Portland terminal over his own rails Instead of turning it over to the Southern Pacific at Hillsboro. The suspicion has been aroused that Mr. Lytle represents the Southern Pacific in making his purchase, thereby giving the Harriman line the long-desired Front street track, making the connection be tween the Jefferson-street depot and the terminal grounds. But this is vigorously denied by Mr. Lyie, who says he is acting independently and has nothing whatever to do with the Harriman in terests in making the purchase. The United Railways franchises have been trafficked and hawked about many times since they were originally granted by the Council to a group of Los Angeles promoters. Each purchaser has been glad to drop them as soon as an opportunity presented itself. Construction work is now going on, however, and the latest buyer indicates that the projected lines will really be built. The report yesterday that Mr. Lytle had bought the assets of the United Railways was generally discredited. Attorney A. C. Emmons, who is the legal adviser for the company, stated he did not know or any such transaction and did not believe it had taken place. Mr. Lytle himself was the only one to confirm the pur chase. It is understood that Mr. Lytle and Herman Wittenberg . are now the chief owners. ' Just' how much stock he has secured, Mr. Lytle will not say further than he has purchased over half. WILL STOP TO SEE POKTLAND Eastern Passenger Agent Routes) German Delegates This Way. Among the beneficial results of holding the convention of the1 American Associa tion of Traveling .Passenger Agants in Portland during the Lewis and Clark ex position was the knowledge of tHis'city pnd its: environs gained by passenger men .Who attended the session. This .first hand knowledge is 'bearing fruit,; for these agents are untiring in speaking a good word for Portland to passengers and suggesting that" al parties coming this way stop for a time to view the Rose City. The latest instance of this good work -re shown by a letter received yesterday by M. J. Roche, traveling passenger agent for the Denver & Rio Grande, from Gor don J. Noble, who. In addition to being Southwestern passenger agent for the Le high Valley, Is secretary of the American Association of Traveling Passenger Agents. He writes that he Is sending out a special train of Germans from Reading, Pa., to the convention of Ger man Brethren at Los Angeles, May 19-23, .!... n thalr H.-HV Rast. the.V Will conri two davs In and around Portland. ( They will reach here May SI at 7:30 A. M. After looking the city over, they will take a boat the next morning for a trip to Cascade Locks, returning to Portland and going East over the Canadian Pacific. There are about 150 people in the party. RAILROADS TO BE LINKED Plans of Crater Lake Line's Pur chasers Are Revealed. The filing of articles of incorporation by the Pacific ,& Eastern Railway at Salem yesterday revealed the plan of the recent purchasers of the Medford &. Crater Lake Railroad to link that system to the Rogue River Valley Railroad, operating from Medford to Jacksonville. The latter road was purchased yesterday by George Estes, of Portland, trustee for the Pacific & Eastern. The price paid Is understood to have been J50.000. The property is a narrow gauge Unei formerly owned and operated by Barnum & Sons, of Jacksonville, for locaj traffic between the cities of Medford and Jack sonville. The plan of the purchasers is to unite the Crater Lake and the Jacksonville roads into one east and west system. George Estes, ot Portland, a former rail road man, is to have charge of the proper ties until turned over to another manager who is to come from the East. M. C. Smith, foreman at the Alblna shops of the O. R. & N.. has been made master me chanic of the road by Mr. Estes, and G. W. Donnell, now. roadmaster for the Southern Pacific at Roseburg, has' been ap pointed chief engineer. . Night Trains to Seaside, . , With the inauguration of .the Sum mer schedule of the Astoria & Colum bia River Railroad, night trains from Portland will run through to Seaside every day Instead of ending the run at Astoria, The Baturday afternoon train will leave .Portland at -3:10. arriving at Seaside at 6:55 P. M. There will also be additional local service between Astoria and Seaside that is expected to take care of the probable heavy beach travel this season. The morning train from See-slde to Portland will leave the beach at 7:05 A. M. daily, instead of 6:50 A. M. as at present'. Campaign for Annexation. Petitions are being circulated in the Lents school district to bring about an nexation to Portland district No. 1. These petitions ask that the. question of annexa tion be submitted to the two districts at the annual meetings Monday, June 17. One hundred signatures are required in the Portland district and 25 in the Lents district. The Lents district schooihouse is now overcrowded and the district must build next year. The directors have taken no action toward erecting a building, for they have felt that it was but a matter of a short time before that whole section will BOUGHT Rapid Action Clothes Making By th Machine Itself A' Suit a mlnuteV that's the rec ord. Blam 'em together any old way just so long as the Stitches will hold and the Thing we're working on looks something like a Suit Our Boss doesn't care a rap whether a Sleeve or a Collar Is put on properly, or the Foundation of the Coat's Shape the Canvas and Haircloth are put in as they should be. Everything's wrong from Cutting to Finishing. The so-called "suit" might be made half presentable If it were taken apart and altogether Remade by Someone who knew how But that wouldn't' do for a minute No Siree that would add to the Cost. Instead he gives the Thing -to Old Dr.' Goose the Hot Flat Iron And Old Dr. Goose presses here stretches or shrinks there and In a Jiffy has as fine a looking Suit as you would want to see That's all the Boss wants. For he knows that all he'll hare to do will be to tell Someone a Fairy Tale, and that Someone may buy that Suit -and think for a Week or so that's It's a Dandy. But soon the Lapels will Commence to Bulge the Collar to Fall away from the back of the Neck the Shoulders to lose their shape and the whole sult will go back to First Principles Just as It was when we rushed It out. Of course, all clothing is not the "rapid action" sort. Take "Sincerity" Suits for Instance "Sincerity" Suits are not rushed through the Sewing Mill not much "Sincerity" Suits are made with the Utmost Care all the way through with the one end In view to make a perfect fitting Suit with a Permanent Shape. "Sincerity" Suits are cut for that pur poseby the most expert Cutters in America they're tailored for that pur poseby the most expert Needleworkers In America. "Sincerity" Suits are Inspected rigor ously by the most knowing and Care ful Clothing experts in America the least Alteration required is made by the needle Old Dr. Goose has no opportunity to "dope" a shape in "Sincerity"- Suits his work is not required. And as a Result "Sincerity" Suits bold their Shape until you want to buy a new Suit. "Sincerity" Suits are sold by all the better class ready-to-put-on Clothing Dealers look for the label below In each coat it Insures Style, Service and Satis faction. become part of Portland, and In that event the Portland district . will be better pre pared to erect additional buildings. GRAVES - BUYS GIANT MINE Spokane Capitalist Acquires Valu able Rossland District Property. , SPOKANE, May 18. Jay P. Graves, ot Spokane, has acquired control of the Giant Mine near, the Le Rol, at Rossland, and has consolidated it with the California and adjoining property. The new com pany has $5,000,000 capital stock. Stuart Cumberland, of London, England, and Spokane associates get Jl, 650,000 worth of stock. Graves pays $25,000 debts of the Giant Company and puts 150,000 Into the treasury of the Giant-California Company. The mines are rich in gold and copper. MUSLIN UNDERWEAR 1-3 Off at Le Palais Royal. We are closing out this line of goods, a's we haven't the room. 375 Washington street. MARKET'S CORPS OF ' Craftsmen best organized for quick; artistic fixture work. Get Your Car in Shape For the Races May 30 X GOOD TIRES GOOD BATTERIES GOOD OIL GOOD PLUGS Are essential to win. . We can s furnish the - goods. BALLOU 6 WRIGHT 86 Sixth Opp. Wells-Fargo For f ol !! 01 I Hi Li : 1 WE HAVE SEVERAL of these handsome MORRIS CIIAIRS left from last week's sale. These Chairs have the appearance, the style and the wearing qualities of $25.00 Chairs, yet we are offering them at HALF PRICE, and on the easiest possible terms. The illustrations, made from' photos, give an idea of their grace ful lines, But the Chairs should be examined to be fully appreciated. This chair is the picture of comfort. Not a line of its make-up was added without a view to comfort and style. The' frame is constructed of thoroughly seasoned choice grained oak, fin ished in popular golden. Open bottom steel aM spring constructed seat with spring back, t - i i i mi. ia YvitntirtTi StnnniKrl leather or Boston leather, of We invite your comparison, est contrast between tms anu omer iu "o you the quality is there. Price is NOT $25, but only " Eclipse The Steel Range with a Baker; the Fuel-Saving for only . YOU ARE If you live 'out of town, write us write us today. No matter where you live, you may open a credit account with as much assurance of complete satisfac tion as though you lived in Portland. "fTT k HnVjn -;r - J J Villi, i - Hi - : - fcwt I"4- . run f awed I -n,.- 1 I I I mwmmmmmmmmmmmmwmm $37.50 SANFORD AXMINSTER This beautiful rug is shown in bantord Axminsters, pi extra special this week. PAY Cor. First and Yamhill Clair Monday, , Tuesday, Wednesday t .. This Great l 50 DOWN 50 A WEEK. This Chair looks just like cut in fact, cut was made from photo of it. SOLID OAK Early English finish. Nothing to equal it for the money. The latest style for "'""ja parlor, den or dining-room. "Workmanship of the S -m r ! 1 11 ill -4 "WA best; tne nnest nmsn ana ponsn. a lot oi iuu, on sale Monday, Tuesday and "Wednesday, or until they are sold. bVq 1 Leather Chair Special I r '. B J - i perfect enduring qualities. The cheapest good chair on the market. oevera bijicb w num. EXTRAORDINARY CUTS IN HICKORY Now is your opportunity to replenish j-our porch or grounds with the everlasting "Old Hickory" Furniture. Note the window display for price-cutting. $11.00 Settee, like cut, for $8.00; $10.00 Chairs, $7.50; $8.00 Chairs, ?5.75; $6.50 Chairs, $4.50, and many other similar reductions. 1 " Range reputation; the Faultless Range. Delivered free A WELCOME TO CREDIT AT Carpets and Rugs Draperies and Window Shades. The largest stock in the city. Visit our fine, new salesroom, see the many beautiful Carpet Samples many exclusive designs, and prices lower than any other estabhshment.in the city. " All Carpets sewed, lined and laid, free of charge. floral and Oriental designs; 9x12 feet heavy piling and an extra value. Keguiar price, J7.au; CVV KY ONLY $1.00 VOWS'. $1.00 A WEe Cor. Special. MTK mm w3 s m r Vlfc l 1 $1 Down 59c a Week m the market. 12.50 .j - "Warranted for 15 years. If -not satisfactory, vour fi- ri n t. - j tj..uu win ue xeiuiiueu.. $35.00 Up GEVURTZ'. RUG $33.50 in size. It is one of those splendid OH! Second and Yamhill 1 .xV''--JJiii5'r f 4 K - ! ir 6 t -