THE SUNDAY OREGOXIAX. PORTLAND, JANUARY 5, I90S.
JURY DISAGREES
E
Ten. for Acquittal, but Two
Hold Out for Convic
tion to Last.
NEXT TRIAL ON JULY 6
Judge, Refuses to Admit Prisoner to
Bail,' Tliotiph Health Impaired.
Fourth- Trial In Prosecution
Lasting KiKll Years.
GKORGETOtVN, Ky., Jan. 4.,-Aftor be
ing out more than 4X hours the Jury in
the rase of Caleb Powers, tried on a
charge of complicity in the murder of
William Ooebel, today reported for the
second time that they were unable to
agree upon a verdict and were discharged
by Judge Morris.
The Jury stood ten for acquittal and
two for conviction. J. L. Price, the fore
man and J. W. Renaker. the Harrison
County juror, held out for conviction.
There ram-i near being an acquittal. Mr.
Renaker made the proposition 'to Mr.
Price to vote for' acquittal. Mr. Price
held out. although a sick man, and Ren
aker said he. would vote with him. C.
J. Marshall first voted for conviction but
soon changed.
After the discharge of the jury, the
defense moved for the admission, of
Powers to ball. His attorneys pleaded
that he was not lti good health and
that, in view of the fact that the Jury
could not agree as to his ' guilt, he
should be allowed to give ball. Another
motion was made by the defense that the
late of the next trial be set to begin
within ten days. Both were overruled
nd the trial was set by Judge Morris
tor July .6.
Powers was showered with congratu
lations. DEC'LAKK HOWARD 1XXOCKM
Members of Powers Jury Demand
That He Be Released.
GKOROKTOWN, Ky., Jan. 4. The 10
Jurors who stood out for acquittal of
Caleb Powers tonight signed a request
to the Governor to release James B.
Howard from the penitentiary. "The
request says that after hearing the
testimony (n the Powers trial the 10
liirors huve reached the conclusion that
Howard, who has been tried and con
victed and is now under sentence tor
alleged complicity In the murder of
Governor G.icbel, Is entirely Innocent
of said charge and had nothing what
ever to do with the commission of
laid crime.
KUBELIK'S WIFE ROBBED
CountcsH Szaky C'zell Loses $1800 in
Jewels in Spokane?
SPOKANE, Wuiih., Jan. 4. (Special.)
Pandemonium reigned in Jan Kubelik's
private car in tlm Northern Pacific yards
tonight when the t'ountess Szaky CzrH.
Ihe violinist' b wif Teamed that her jewel
box had been broken open and two dia
mond rings and & sold bracelet with a
aiitmoud setting, the throe valued at
!1MX, wore1 missing:.
The Countess Whs dressing for the con
?rrt to be given by her husband. Knbe
iik'a manager went to the office of a
Justice of the Peace, where a search war
rant was secured, suspicion having fallen
911 three colored members of the violin
nt'8 retinue. Jetu:tlve wor called into
:he ciise and the car thoroughly searched,
out no trace of the gems eould be foun.I.
The last thfl Countess saw of the jewels
tvas in Denver. A peculiarity of the case
is that a pendant valued at $3000, which
Ran in plain sight alongside the jewel
sox, was untouched.
DEPEW AND PLATT AREOUT
Not Counted On ax Delegates to Na
tional Convention.
NKW YOIIK, Jan. 4. The Tribune to
morrow will say:
"Wlle the list is subject to change,
like other political slates, the plan of
the organization leaders is that the
'Hid four" elected by the Republican
State .Convention will be Klihu' Root,
Secretary of State; George B. Cortelyou,
Secretary of the Treasury; ex-Governor
Frank S. Black, and Timothy U Wood,
ruff, chairman uf the state committee.
"If this slate stands, obviously It
leaves 'outside the breastwork' those
National conventional veterans. Sena
tors Thomas C. Piatt and Chauncey M.
Iepcw. The ten or a dozen men who
control the Republican organization in
this state are chary of saying why the
jlate leaves Senators Piatt and Depew
tiff the list, but when pressed, they ad
mit that neither Senator Is likely to
go as dclegute-at-large."
The slate convention Is likely to be
held on Tuesday," April 14.
ADVANCE GUARD ARRIVES
Brazil Making Preparations to En
tertain the Fleet.
RIO LUi JANEIRO. .Ian.' 4. The
American collier Brutus arrived here
today and the AJax is expected tomor
row. They precede the American bat
tleship fleet
The Minister of Marine has named
i commission of naval officers to wait
ipon the American visitors while the
fleet remains here.-
RlXIK.t TO UK HOSPITAL SHIP
Pitted Out for C50, With Surgeon
Stokes In Command.
WASHINGTON. Jan. 4. Acting under
orders of the President. Secretary Met
:aft today signed the orders assigning
Surgeon Charles F. Stokes to the com
mand of the hospital ship Relief, which
s being fitted out at Mare Island, Cal.,
with a full hospital equipment, for special
iuty with the battleship fleet. Surgeon
Stokes, it is now expected, will start for
the Coast next week. The Secretary said
that accommodations will be afforded on
the vessel for about Slot) sick persons.
Other officials will be assigned to the
vessel as assistants to Surgeon Stokes.
Arrangements are to be made .for secur
ing a merchant crew and master.
The Secretary was asked about the re
ports that there werj no adequate funds
available for fitting out the ship as In
tended, but h reply to this inquiry was
that the department would not cross the
hiidgo until it was reached. Secretary
POWERS
Metcalf declined today to say anything
i about the controversy over the command
ot the Relief, which resulted in the resig
nation of Admiral Brownson from the
head of the Bureau of Navigation.
NEBRASKA IS' AT COROXADO
Comes to Take Part In Bennington
.. Monument Dedication.
SAN DIEGO. Cal., Jan. 4. The battle
ship Nebraska, Captain '.Nicholson,
dropped anchor off Coronado this morn
ing, while on her way to Magdalena Bay
for target practice. She will remain here
until Tuesday, that her men and officers
may participate In the dedication of the
Bennington Monument, and that even- (
ing ane win sieaiu souiu.
News by wireless from Magdalena Bay,
this morning. Is that the armored
cruiser California had left there yester
day morning and would probably arrive
here on. Sunday, that, her sailors may
participate in the -dedication ceremony.
The cruisers Tennessee and Washington,
Admiral Sebree's advance guard of Ad
miral Evans' big -fleet, are at Magdalena
Bay, indulging in target practice, and
will be up later.
Italian Cruiser to Meet Fleet.
NAPI,ES. Jan. 4. The newspapers here
publish the statement that the Italian
crusier Puglla has been ordered to meet
the American battleship fleet and accom
pany it to San Francisco. Later it was
.officially stated that the- Puglia would
meet the American fleet In South Ameri
ca, but that this meeting has no con
nection whatever with the voyage of the
fleet to the Pacific.
STRIKE THOUGHT BROKEN
MORE MIXES RESUME WORK
EVERY DAY.
Another I n ion Forming, to Be State
Affair, Independent of Vestern
Federation Leaders Disturbed.
GOIjDFIELD, .New, jRn.- 4. It is be
lieved in Goldfield that the strike is prac
tically won by the mine operators and
that within ten days or two weeks every
mine in the district will be in full blast.
Several mines started up this morning
with miners' formerly affiliated with the
Western Federation of Miners, but who
signed cards renouncing such allegiance.
Among the mines were the Mohawk prop
erty, the Combination Fraction and sev
eral leases on the Atlanta and Florence.
The men went to work under the new
scale, which reduced wages 20 per cent.
General Manager Mackenzie of the Gold
field Consolidated today, said:
"Conditions today are more 'promising
than at any time since the strike began.
The Mineowners' Association has not
wavered one iota from Its original pro
gramme of reducing wages and forcing a
separation from the Western Federation
of Miners. Every member of the Fed
eration has to sign a card renouncing
allegiance to that union and the mine
owners will remain firm in this stand If
it takes two years to accomplish their
purpose of breaking up the Federation In
Goldfield and Nevada."
The most hopeful sign of an early set
tlement is the formation of a new union
among the miners, which is to become
a state affair, independent of the West
ern Federation of Miners. - The preamble
and constitution of the new Union were
finished today and almost immediately
enough signatures were received to give
the new organization a foothold with (he
encouragement given the movement by
the mineowners.
The Western Federation oX Miners'
leaders are said to be much disturbed
over the turn affairs have taken.
Writes Sparks About Goldfield.
WASHINGTON. Jan. 4. ,A report of
the situation at Goldfield, Nev., was
made to the President by the members
of the special commission which he
sent there, including Assistant Secie
tary Murray, Commissioner of Corpora
tions Smith and Commissioner of Labor
Neill, all of the Department of Com
merce and Labor. .
As' the result of the report the
President dispatched a letter to Gov
ernor Sparks, of Nevada. When the
letter has had time to reach the Gov
ernor It is the Intention to make Its
contents public at the White House.
It is said that this letter will set
forth the situation as reported by the
commission.
CRUELLY BEATS DAUGHTER
Man Insane on Religion Is. Taken
to the Asylum.
CORVALLIS. Or., Jan. 4. (Special.)
George Harmon wa adjudged insane
here yesterday and taken to the asylum
today. He whipped his l-year-old
daughter with a buggy whip until
wfs were left as large as. a child's
finger. His 15-year-old daughter still
bears jnarks of a whipping that he ad
ministered about a year - ago. The
mother is dead.
The children, of whom. In addition to
the ahove, there is a son of 13 and a
daughter of 10 were . afraid to live
longer with their father, and made
complaint to the authorities. Harmon
is. on ordinary topics, apparently sane
but has a fad on religious subjects.
WILL MARRY ON JANUARY 23
Date Set for Union of Gladys Van
derbilt and Szechenyl.
NEW YORK. Jan. 4. According to a
statement published today, the marriage
of Miss Gladys Vanderbilt. daughter of
Mrs. . Cornelius Vanderbilt, to Count
Laszio- Szechenyl, will take place Jan
uary 23 at the home of Mrs. Cornelius
Vanderbilt at Fifty-eighth street and
Fifth Avenue.
The reason for the postponement of the
wedding, which had been set for the
middle of the month, was that the rela
tives of Count 9zechenyi-. desired to
spend the Christmas holidays in their
own country. They are now on their way
here.
DENIED CHRISTIAN BURIAL
Guyot-Dessalgne Is Excommunicated
for Becoming a Mason. .
CLERMONT FERNAND. France. Jan.
4. Jean Francois Edmond Guyot
Dessaigne. the. French Minister of Jus
tice, was refused the last rites of the
church when buried here today. A
priest had prepared to hold a solemn
high mass when he received notification
that the deceased had suffered excom
munication on account of having em
braced Free Masonry. Therefore, only
& civil ceremony was celebrated. At
the grave, however, the bishop permit
ted the priest to perform a brief abso
lution service.
F.tlwin L. Price, Confederate General
ST. LOUIS, Jan. 4. General Edwin
U. Price, son of the late - I'onferedate
General. Sterling- Price, who served
under his father in the Civil War, died
here tonigrht, aged 73 years.
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WALSH DID AS OTHERS DO
EX-DEPLIV COXTitOJ,IiEK 1)12
lEXUS CHICAGO BANKER.
Excessive Loans in Violation of J jaw
Customary and Only Cause Per
Perfnnctory Rebuke.
CHICAGO. Jan. 4 That certain sec
tions of the National banking law are
dead letters, so far as banking practice
Is concerned, and that these violations
meet with only formal criticism from
the Controller of the Currency, was the
testimony today of George M. Coffin, of
New York, ex-Deputy Controller of the
Currency, in the trial of John R. Walsh
on charges of misapplying the funds ofj
the defunct Chicago National Bank.
Mr. Coffin was asked by John S. Mil
ler, attorney for the defense, if it was a
prevailing practice of National banks to
make accommodation and memorandum
notes and loans in excess of the limit
provided by the banking laws. Before
the witness could answer, an objection
by . the attorneys for the Government
brought out a long argument, during which
Judge Anderson declared that the testi
mony was neither material, competent,
nor relevant, so far as Walsh's intent
in Bimilar transactions was concerned,
but he allowed.lt to' be given in order
that the defense might lay a foundation
for an attempt to prove that such prac
tices are general all over the country.
The question was then repeated and
Mr. Coffin answered In tha affirmative.
Then the examination was continued as
follows:.
Were auch cases as this one In which Mr.
Walsh is Involved frequently reported to the
Controller by the bank examiners?
Yes, sir.
Were they criticized by the Controller?
3Vo, there was no special criticism.
What took place in the Controller's office?
The reports were gone over and printed let
ters, calling the attention of the banks to-the
statutes, were eent to the banks.
Did the practice of maklns excessive loans
prevail?
Yee. Ttiere were always about one-third
of the banks making such loans. This-prevailed
In a reserve district and In about SO
cities of the country, including New York and
Chicago.
Mr. Coffin then testified that the printed
letters sent to the banks were formal and I
perfunctory. . signed with - autograph, j
stamps and containing directions regard- j
ing the reduction of excessive loans. These j
letters were not followed upi and replies 1
even were not necessary. The witness
asserted .that all loans from banks by
their 'officers, excessive or within the
limit provided by law, are generally con
sidered matters of judgment. Memoran
dum notes are customary, he asserted, in
all banks with which he is familiar.
May Stop Bessie Abbott From Singing
NEW YORK, Jan. 4. Boston, which
has already seen the arrest of 1000 opera
singers and many suits over the services
Of others, may take part in another legal
controversy tonight when Miss Bessie
Abbott is advertised to sing at a concert
Mr. Conried, of the Metropolitan Opera
House, last Spring secured an injunction
prohibiting Miss Abbott from singing ex
cept under his -management, claiming a.
contract with her. After Mr. Conried se
cured the injunction she began suit to
have the contract declared void. The
case will probably be reached within a I
MEN'S
BOYS'
month, but in the meantime Mr. Conrled
is likely to -prevent her singing elsewhere
and may prevent the concert in Boston
tonight.
Open Brooklyn Tunnel Next Week.
NEW YORK, Jan.' 4. The first trains
under the East River to Brooklyn will
be run some time next week, when the
new tunnels will be opened for public
traffic. This will greatly lessen the
congestion -during the rush hours on
the Brooklyn bridge. Trains will be
run from Bronx Park at One hundred
and Eighty-Flr street to the Borough
Hall, in Brooklyn. " r 1
PORTLAND BUY MAKES WIRES
LESS TELEGRAPH PI. A HPT.
Delmar A. WBttaoa,
- Delmar A, Whitson, aged IS
years, who resides with his
parents at 570 Pettygrove street,
is -the inventor of a complete
wlre!ess telegraphic plant, which
he has 4n operation at his home
and from which he receives aero
grams from the different ships
entering the Portland harbor. In
constructing- the plant young;
Whitson was 'assisted by Claude
Bristol and Donald MeClaire. ;
The three boys recently installed
a temporary wM-eless plant In
the children's department of the
Public Library, where it was
operated with success.- The large
hall was filled with -young peo
ple, -who took great delight in
the success achieved by the
young electricians.
The boys have organized the
Wireless Telegraph Club and
have elected officers. The club
meets in the Public Library
every Friday night for the pur
pose of discussing wireless
telegraphy and kindred subjects.
Tc these meetings young boys
who are interested in the Mar
coni system are Invited. The
members of tbe club have under
consideration the erection of
wireless stations at their re
respective homes in " different
parts of the city for the purpose .
of further carrying on their experiments.
miiitui 'ii ii'i i vTi iiHite' inifrfiMnWnn'' t
-1
ANOTHER WEEK OF BARGAINS IN
AND
The FIERCE PRICE REDUCTIONS of last week will continue
all this although from present indications the assortment will
soon be broken. Hundreds have taken advantage of the great
savings offered, why not you? Reductions in all Departments
MEN'S BUSINESS SUITS MEN'S HEAVY OVERCOATS
$50.00 SUITS REDUCED TO. 4, . . . .$35.00
These Stits we BETTER than any $65.00 Tailor Suits in
Portland. ; , ,
$40.00 SUITS REDUCED TO. . . . . . .$27.50
Better than any $50.00 Suit in Town. ,
$35.00 SUITS REDUCED TO. . . .$25.00
$30.00 SUITS REDUCED TO. $20.00
$25.00 SUITS REDUCED TO. .$16.50
BOYS' OVERCOATS
$15.00 OVERCOATS.
BOYS' $10.00 OVERCOATS. ..... .". .$6.35
BOYS' $8.50 OVERCOATS ....... . . $5.35
BOYS' $5.00 OVERCOATS. . ; ... . : . .$3.50
BOYS' $3.95 OVERCOATS. ....... .$2.50
BOYS' KNEE PANTS
JOYS' 50c KNEE PANTS. . 1. ....... ..29,
BOYS' 75c KNEE PANTS. . .......... .49
GREAT REDUCTIONS ALL OVER OUR
JUVENILE DEPARTMENT
MOTHERS WILL MARE
ATTACK IS NOT JUSTIFIED
BONAPARTE ANSWERS RIPLEY'S
REMARKS ON COURT.
Says Charges Against Prosecutor
and Judge of Santa Fe for
Rebating Unfounded.
WASHINGTON, Jan. 4. A sweeping
denial of the . charges by officers and
counsel, and more particularly by Presi
dent Ripley, of the Atchison, Topeka ft
Santa Fe Railroad, against the Govern
ment and the court in connection with the
fining of the road $330,000 for granting re
bates, is contained in a letter to Presi
dent Roosevelt, made public today by Attorney-General
Bonaparte. The charges
are denounced as unfounded and unjus
tifiable, and insofar as Mr. Ripley's state
ments affecting the trial Judge: are con
cerned, it is stated they "constitute un
warrantable reflections' upon a judicial
officer respecting the discharge of his du
ties." Mr. Ripley's statement Is quoted at
length and In It he alleges that the Santa
Fe Investigation was "a general inquisi
tion," that- the proceedings were "frivo
lous and vexatious, and originated in HI
will toward the company."
The Attorney-General ' concludes his let
ter as follows:
"It has been the consistent policy of
the department to discourage and so far
as possible prevent newspaper con
troversies between its subordinates and
those whose enmity they might incur
through the- faithful discharge of their
public duties, and its course in this In
stance has been in accordance with this
policy; But I feel It my duty in closing
this report to say that the charges made
by the officers and counsel of this cor
poration against the United States Attor
ney In connection with the matters in
the present report appear 'to "have been
unfounded and unjustifiable, and the com
ments and suggestions contained in Mr.
Ripley's letter returned from the Judge
who tried and'sentenced his corporation
constitute unwarrantable reflections upon
a judicial officer respecting the discharge
of bis duties as such, which are wholly
Indefensible, both in -form and substance,
and deserve the condemnation of ' all citi
zens solicitous to protect the dignity and
Independence of our courts."
RIPLEY SAYS HE GAVE FACTS
Tried Not to Be Disrespectful to
Court and Attorney.
SANTA BARBARA, Cal., Jan. 4. Af
ter reading the concluding paragraph
of Attorney-General Bonaparte's letter.
President Ripley, of the Santa Fe, gave
the following signed statement to the
Associated Press:
Not fcavlng- seen the full text of the alleged
letter of Mr. Bonaparte, I cannot reply to it
in detail. It seemed to me that a very great
lnjusUce had been done the company of which
I am the responsible head. I was being aeked
by the press and by many of our stockholders
for the facts. I gave a correct history of the
case and I endeavored not to be disrespectful
to the court or the District Attorney. I do
not understand that the Secretary disputes
my statement or raci ana i reel quite conn
dent that those who read It will not generally
agree with hi conclusions. .
Ooreans Come to Study.
SAN FRANCISCO, Jan. 4.Y. S. Min
and Naw Pok ' Oho, sons ot Corean
BOYS' GtOTiEl
$50.00 OVERCOATS REDUCED TO $35.00
Equal to any $75.00 Tailor Overcoat.'
$40.00 OVERCOATS REDUCED TO $27.50
Equal to any $60.00 Tailor Overcoat.
$35.00 OVERCOATS REDUCED TO $25.00
$30.00 OVERCOATS REDUCED TO $20.00
$25.00 OVERCOATS REDUCED TO $16.50
BOYS' SCHOOL SUITS
Two-piece Suits, in plain Knee Pants.
BOYS' $12.50 KNEE PANTS SUITS $7.50
BOYS' $10.00 KNEE PANTS SUITS $6.50
BOYS' $7.50 KNEE PANTS SUITS $5.00
BOYS' $6.50 KNEE PANTS SUITS $4.00
BOYS' $5.00 KNEE PANTS SUITS $3.50
LADIES' AND MISSES' MAN
TAILORED -GOATS
LADIES' $25.00 COATS .$16.85
LADIES' $20.00 COATS. . . .'. $13.85
LADIES' $15.00 COATS. $10.35
LADIES' $10.50 COATS. ...........$ 7.35
$9.85
GREAT SAVINGS
noblemen, arrived here yesterday on
the liner Nippon Maru on their way
to Springfield, Mass.'; where they will
begin a nine years' course in American
civilization. At the expiration of that
time they expect to return to Corea
and - show their countrymer how to
DON'T TAIL TO SEE
"The Baby Show"
AT EILERS
The Finest
"Babies" in
all the world.
Never before has there been such a magnificent display of Grands,
Baby Grands, Parlor Grands and Concert Grands as now shown here.
It is the finest piano exhibit of this character ever made.
It is an unparalleled opportunity for comparison and selection.
The opportunity to purchase to decided advantage is now.
REDUCED PRICES
THE HOUSE
OF HIGHEST
QUALITY
pitanoreliabilitr XPP
353 Washington Street, Cor. Park
Pacific Coast Headquarters for Pianos, Organs, Talking Machines,
Violins, and other Musical Instruments ; also the genuine
Metrostyle Pianola and Themodist Pianola Pianos.
STORES EVERYWHERE CALIFORNIA TO ALASKA
BY COMING HERE
LEADING
CLOTHIER
shake off the yoke of Japan. . Min'l
father was a Vice-Minister and .Olie
is a son of a former head of Corea'i
State Department. The boys bellevs
that their American education will en
able them to do something for Corea
some day. '
PIANO HOUSE
Extraordinary
Values
Now
PAYMENTS TO SUIT
BIGGEST,
BUSIEST
'AND BEST
nETi 107.ol