TIIE SUNDAY OREGONIAN, POllTLAND. AUGUST 2, 1903.
CONSPIRACY GASE
IS BEFORE JURY
Disagreement Expected, as No
Verdict Is Reached Af
ter Nine Hours.
RETIRES AT 2:40 P. M.
Clash Betwwn Malarkey and
Becker Ocrnrs Paring I.atter's
Arguments Judge Gives Kx-
hauMlve Instructions.
jnt I.OTKFn IF TOR MBHT.
At midnight last nichl the jury
In th Booth-Slnmton con'plrary
ca had not reached a vrrdlct and
was locked up for the nlghl. Judge
Wolv.rtnn finished reading hi In
struction at 2:35 -P. M. 3-terday
and five minutes later the 12 men
retired to the Jury room. Having
been out over nine hours. It la not
expected the Jury will reach an
agreement.
W'th the exception of the Williamson
rase, the instructions delivered by 1'nlted
States Judse Wolverton yesterday to the
jury In the Bootli-singleton conspiracy
case we're the most exhaustive of any
given at the land-fraud trials In this
state. When court convened at 1:30 o'clock
yesterday Afternoon. Judge Wolverton be
gan reading; his Instructions, which re
quired one hour and live minutes. At 2:
P. M. the jury retired.
The instructions included a thorough ex
position of the Federal statutes relating;
to homestead and lieu land selections. The
crime of conspiracy, charged In the In
dictment, was denned at considerable
leneih andi tne Interpretation to be placed
on a -reasonable doubt" was explained.
The Instructions very generally were re
garded fair by both sides, counsel for de
fense reserving only two exceptions.
The, final day of the trial was marked
by seyeral wordy combats between Tracy
C. Becker, representing the Government,
and Dan J. MaUrkey. of counsel for the
defense. The unpleasant incidents hap
pened during the closing address of Mr.
Becker, who spoke from 9:30 A. M. until
noon. Mr. Malarkey interrupted the Gov
ernment prosecutor several times, charg
ing him with misrepresenting the facts in
the case.
Becker Makes Angry Reply.
Finally .Mr. Becker, angered by the
numerous interruptions, turned upon Mr.
Malarkey and charged him with being the
only lawyer in Portland that could he
found to take the defense of the case and
adopt the methods that had been em
ployed by the defense to withhold the
facts and obscure the real Issues In the
trial of the case. Mr. Becker likened Mr.
Malarkey to a cuttle fieh and in the
course if his heated remarks referred to
him e a 'smart-aleck" and a "bull
dozer." Mr. Malarkey resented the remarks of
opposing counsel and protested against a
further continuance or repetition, remark
ing that he had been Insulted all he
wished to be by the Government's rep
resentative. "I have lived here longer than you. Mr.
Becker." said Mr. Malarkey, "and I think
I am better known to the people of this
state. I am satisfied to abide by their
opinion of me."
Court Cautions Attorneys.
Judge Wolverton admonished Mr.
Becker to be more careful In his remarks
and-suggested to Mr. Malarkey that he
cease interrupting counsel for the Gov
ernment during his address.
Mr. Becker supplemented the review of
the Government s case by District Attor
ney MeCourt Friday by emphasising the
strong features of the case as presented
In the testimony of the witnesses for the
prosecution. He declared that adequate
evidence hart been submitted by the Gov
ernment clearly to prove the existence of
the alleged conspiracy and a participation
by each of the defendants in the unlawful
compact. Counsel held the defendants
before the jury as "traitors to their
country" and insisted that the interests
of the Government and good citizenship
demanded the conviction of such men,
which, he said, was warranted by the
evidence in the case.
The indictment against the three de
fendants wu returned April 8. 1905. as
a result of an Investigation by Francis
.1. Henry, who. as Special Assistant
I'nited States Attorney, was in charge
of the District Attorney's office in this
state for several months following the
removal of John H. Hall as United
States Attorney. The Indictment
charged the defendants with having
enetered Into a conspiracy with T.
Thomas Agee by which Agee effected
the exchange of an unperfected home
stead entry in the Cascade Mountains
for ISO acres of lieu land outside the
reserve, which he subsequently deeded
' to the Booth-Kelly Lumber Company
for a consideration of :!00.
Question of Agee'8 Residence.
The Government contended that Agee
never resided on the homestead long
enough to establish his claim thereto,
and for that reason was prevented
either from exchanging the land for
lieu land or from entering into any
contract to sell the lieu land prior to
completing legal proof and obtaining
patent. It was charged that Agee re
sided not to exceed three years on his
homestead when he abandoned it.
Singleton was alleged to have expe
dited the exchange of the land by pre
paring personally the necessary papers
and delivering to Agee the purchase
price of the land. Robert A. Booth was
connected with the case only from the
fact that the check In payment of the
draft, drawn to pay Agee, was signed
by him. N-
'o Testimony for Defense.
The defense offered no testimony,
maintaining that the Government had
failed to prove the alleged conspiracy
or to connect either of the three de
fendants with the alleged unlawful
agreement. It was insisted by counsel
for the defense that all of the parties
to the transaction acted in good faith.
It was alleged that Agee at all times
believed he had earned title to the
homestead and that all acts subsequent
to his entry were entirely regular and
In full compliance with the land laws
of tha country.
The trial began Thursday, July s.
The ensuing three days were occupied
in the selection of a jury. Opening
statements to the Jury were made by
opposing counsel the following Mon
day. Three full weeks were devoted to
the introduction of testimony by the
Government and the closing arguments.
About 20 witnesses were examined.
terday .signed an order directing the
distribution of a 10 per cent dividend
and the payment of all claims not ex
ceeding 125 to the depositors of the
defunct Title Guarantee & Trust Com
pany. The order was based on the
recommendation of Receiver R. 8.
Howard, whose report was filed with
the court Friday.
The aggregate of approved claims
against the bank that will share in
the Initial dividend is $1,746,729.76. so
that nearly $175,000 will be distributed
among the depositors this week. The
payment of all $25 claims in full is or
dered if there are sufficient funds avail
able. There are about 1750 of these
claims and Receiver Howard has re
ported that there are sufficient funds
to satisfy them all.
Hunting Permit Instead
ol Marriage License
Ralph T. Maxwell Gets Severe Jolt
Wheat He Applies for Certificate to
Wed 91 Irs aoml Csae.
WHAT if you asked a girl to marry
you, paid her carfare over to
town, talked her mother Into accom
panying you. rushed up to the Court
house on Saturday afternoon for a per
mit to wed and got handed out a
hunting license instead!
Well, that's what Ralph T. Maxwell
ran up against yesterday afternoon
when he wended his way to the Court
house prior to hunting up the preacher.
The girl he was to marry. Miss Naomi
Case. Is but 16 years old, so Mrs. Case
accompanied them to give her consent
to the marriage. When the trio
reached the County Clerk's office, they
did not know Just where the marriage
licenses were Issued, but found their
way In front of Deputy County Clerk
Schneider's desk.
"I want to get a license," declared
Maxwell.
."All right." said Schneider.
Now. for several years past. Mr.
Schneider has been issuing the hunt
ers' licenses, having nothing at all to
do with the marrliige sort. As no one
but hunters come his way In the quest
of licenses, Schneider never asks,
"What kind will you have hunt or
marry?" but he just goes ahead and
writes out the former sort.' He did
this for Maxwell. After a complete
description of the would-be groom
was written down even the color of
luiir and eyes are recorded the deputy
started to hand the paper over to the
young man. when the latter thought
something was wrong. Why did the
county want to know all about his
size and weight.
"Say. ain't you makln' a mistake?"
asked the visitor.
"No, here's your hunting license,"
calmly replied the clerk.
"Hunting license?" yejled Maxwell
in a voice far from weak; "shucks, I
want to get married."
A lew minutes later he walked out
of the Courthouse with the marriage
license the hunting permit was left
behind.
FINDS FAMILY IN MISERY
County Officer Discovers Pitiable
Case at St. John.
One of the most pitiable cases that has
been brought to the attention of the
County Board of Relief for months was
Investigated by E. J. Carr recently. Mr.
Carr is secretary of the Board of Relief,
and was called to St. John not long ago
to see what aid was needed by a family
named Caples. neighbors having informed
the officials that something should be
done for the sufferers.
When Mr. Carr arrived at the Caples'
humble home be discovered that the three
oldest children are suffering with tuber
culosis. The sick are boys, aged 23, 19
and 17 years, and all are confined to beds
that have been placed in little tents.
Doctors hold out no hope for any of the
sufferers. The mother Hi staying with her
children, doing ail in her power to aid
them,' but has little means and no way
In which to earn more, all her time be
ing ' taken up with those who are ill.
Mrs. Caples has a daughter. 11 years old,
who is too young to be a wage-earner.
It is reported that the father has de
serted his family, and is living in a scow
on the St. John waterfront. The officials
are trying to take some action that will
make ,hira support his children. He Is
the scion of a well-known pioneer family.
FORMER PORTLAND TEACHER
WHO IS 1AIXIXG RK.COti
ISITION ABROAD.
1 I - . .rf It
I X"s " t , P I
vv
i
Court Orders first Payment.
United States Judge Wolverton yes-
L. Charles Sparks.
A Dreaden paper has the fol
lowing io say in rererence to L..
Charles Sparks, the well-known
baritone, who is popular in Port
land, where he taught until two
years ago;
That American teachers are
gaining' more and more ground
abroad was again demonstrated
at the Interesting closing per
formances of the pupils of
Messrs. Armbrtister and Sparks
in their beautiful studios in the
Luttichau-strasse last Saturday
afternoon. The programme com
prised selections from Beethoven,
Wagner. Schubert, Grieg. Men
delssohn, Donizetti, Gounod,
Salnt-Saens, Kevin, Densa, Max
Stange, Tours, Berlioz. Schiru',
etc., and the singers were the
Misses Cooper, Dammasch. Frau
lelns Flelschhacker and Schuster,
and Mrs. Laura Crawford. It
would require more than the or
dinary space of a critique to ex
plain why some of this singing
was most remarkable, that is. In
reference to the progress and ac
complishment, in a comparative
ly short period, of some difficult
cases: on the other hand, the
.singing of Miss Cooper and Frau
lein Schuster seemed Just that
self-evident fact that goes to
prove, first a good voice and then
a good teacher, and a good school
or method."
EAST SIDE MTS PABKS
INSISTS OS SHARE OF BOND EXPENDITURE.
Business Men's Club Will Meet to
Discuss Improvements for
That Part of City.
In the proposed extension of the park
system, whether on the Olmstead plan
or some other. East Side property-owners
are determined to have their re
quests for consideration brought before
the Council and the Park Board ber
fore anything definite shall be done. ,
C. A. Bigelow. president of the East
Side Business Men's Club, said last
night that a meeting of that organiza
tion is to be held at 8 o'clock Thursday
I night at its rooms in the Healy block,
i when the special topic for discussion
is to be the apportionment of the $1.-
000.000, to be realized from the sale of
bonds, between the two sides of the
Willamette.
Mr. Bigelow says the East Side Is as
loyal and as enthusiastic as the West
Side in all matters that have to do with
the betterment and beautifying of the
city, but that when it comes to ex
pending $1,000,000 on parks and boule
vards the money should be apportioned
with equality between the East and
West Sides.
"The East Ride." said he, "now has
from 25.000 to 30.000 more population
than the West Side, with the growth
forging ahead proportionately. I do
not believe, in justice to that great dis
trict of the city, that any plan of park
extension should give to the small dis
1 trlct the greater portion of the fund to
be raised in this bond issue.
"We. on our side of the river, take
as much pride in the City Park as
do the residents on the other side of
the river, but we cannot find any rea
sons why the proposed taking over of
the lands contiguous to the park, under
the care of the Water Commission,
should not be put under the control
of the Park Board, thereby providing
an extent of park area sufficient for
park purposes for many years to come.
Then Macleay Park, to the northwest of
City Park, belongs to the city and has
been neglected ever since It came into
the city's possession. That beautiful
tract should have at least lanes opened
through It so that lovers of nature In
its primeval state might have an op
portunity to stroll through the forest
without suffering the discomforts at
tending such a trip at present.
"The opening of roadways through
Macleay Park and the taking over of
the lands of the AVater Commission,
would provide park grounds unequaled
on this Coast and not surpassed any
where in the country. We have been
practically overlooked in the' way of
park Improvements on the East Side.
Even the few parks we have are of
small dimensions and cost the city but
a trifle to keep in the ordinary condi
tion they have been allowed to drop
into. Holladay Park is only about 400
feet square, and as for Hawthorne
Park, the proposal for the city to ac
quire the tract seems to be 'held up
for some reason or other.
"Personally, and I believe I may
speak for hundreds of other business
men of the East Side and thousands of
residents. I think when the case is
fully understood by the Council and
Park Board, our side of the river will
be given the attention it is entitled to,
and that, instead of the city buying
high-priced lands to increase the di
mensions of the City Park, that money
should be used to furnish the residents
of the East Side, with attractive recrea
tion grounds somewhere in proportion
to its needs and what it is fairly en
titled to."
CHANGE IN MAIL SERvicE
New Order Affects Eastern Multno
mah and Clackamas Ofrices. '
GRESHAM. Or.. Aug. 1. (Special.)
Orient and Barton postofnees ceased to be
free delivery offices yesterday, the service
having been transferred to Boring and
Eagle Creek. The' .star route between
Boring ana Orient was also discontinued.
The Orient rural free delivery carrier was
ordered to report to the Boring Post
master for duty this morning, also carrier
No. 2 from Barton. The former Orient
carrier will deliver the mulls for that
office in a locked pouch while on his
delivery from Boring.
Postmaster Campbell, of Orient, has re
quested the suspensifsn of his office, as
all his remaining patrons can be served
by Grcsham route. No. 2, which will be
Increased four miles to accommodate
them. ' Orient has been enjoying service
twice a day, which service can be main
tained by allowing the Gresham carrier
to repeat through that district. A peti
tion for such service will be circulated
and will probably be allowed, to go into
operation when the office is closed per
manently. Will of Charles W. French.
By the will of Charles W. French, who
died Julv- 17. his tnree cnnaren. rreu.
Albert and Mabel, are to receive $100
from the estate, the remainder to go
to the widow. Mrs. Henrietta M. French,
who is named as executrix. The prop
erty of the estate is valued at $5000.
Army Officers Fight Paradcrs.
BILBAO," Aug. 1. Several men were
wounded in an encounter in this city
last night between some Nationalists and
a group of army officers, which followed
a procession of Nationalists through the
streets crying "Down with the army."
R
TISTIC INTERI
DECORATION
O
R
JIT ' W
Furnishing a home so that it shall have beauty, originality
and comfort, and doing it without unnecessary expense,
is a task requiring unusual taste and expert knowledge.
Through our decorative department, directed by a New
York decorator of large experience, we offer to our patrons
every aid in securing harmony of color, beauty of pro
portion, and style- and stand ready, either to suggest
treatments or to assist in carrying out the ideas of our cus
tomers. Our immense stocks of furniture, carpets, rugs,
wall fabrics and hangings, and our unexcelled work-room
organization make it possible for us to execute any
scheme of decoration, whether simple or elaborate.
J.-G. Mack & Company
FIFTH AND STARK
JUVENILE COURT TO MOVE
QUARTERS WILT, BE ENGAGED
AWAY FROM COURTHOUSE.
No Room Left in County Building,
So Downtow n Location Must
Be Found.
Nearly every day something comes
up that proves beyond a question of
doubt that Multnomah County is sore
ly In need of a new Courthouse. The
latest is that the Juvenile Court has
to move from Its present quarters pff
Judge Bronaugh's private chambers,
and as there Is no place in the Court
house to go. rooms will have to be
engaged downtown. .
All day yesterday. Chief Probation
Officer Hadley was scouring the busi
ness district In a search for suitable
quarters for the court. It is . thought
best that it be located on the second
floor of an office building, ow'ing to
the fact that so many mothers are re
quired to bring little children into the
court. Many of the children come Into
court alone, and If-there was an eleva
tor .for them, to ride in, they might
have too much fun In it. Instead of
attending to their troubles as they
should.
But there is such a demand for good
office rooms that Professor Hadley has
found It hard to locate any place suit
able for the court save where very high
rents are asked. The only location
that he has found so far Is the former
Justice Court room in the Ainsworth
building, at the northwest corner of
Third and Oak streets. Judge Ganten
bein. who has charge of the Juvenile
Court, will investigate this site tomor
row. When the Juvenile Court is moved
away, there will be another big rent
saddled onto the county. The offices
of the County Superintendent of
Schools. County Assessor and Distrk
Attorney are now outside the Court
house, those' of the two first named be
ing In the City Hal and those of the
latter In the Chamber of Commerce
building.
TWO NEEDLECRAFT SHOPS
Mrs. White Claims Name and Seeks
to Restrain Competitor.
Portland now rejoices in two "Nee
dlecraft" shops, and tomorrow Judge
Cleland will be called upon to decide
which one shall continue to use the
name. Mrs. M. C. White, who owns
the first "Needlecraft" shop, and who
has registered the name under the
state law, seeks to restrain Mrs. J. A.
Van Horn from using the same name
for a like business that was started by
the latter yesterday morning.
Mrs. White declares that she opened
"The Needlecraft Shop" here three
years ago, and had the name registered.
Since that time, she has advertised her
store and gained a good business by so
doing; now, she declares that Mrs. Van
Horn is seeking to Infringe upon her
rights and also upon the rights of the
public by causing persons who might
wish to trade at the well-advertised
"Needlecraft Shop" to go into the new
one because it bears a like name.
Mrs. Van Horn, on the other hand,
declares that the name Is not a coined
one, and that It is used in all trade
journals and publications Issued for
the home, even If it is not In the die
tionaries. John F. Logan, attorney
for Mrs. Van Horn, says in his answer
to Mrs. White's complaint that "if the
word needlecraft is not in th diction
ary, so much the worse for the diction
ary, as dictionaries are made for man,
and not man for them."
Mrs. White says that while she Is
not trying to keep a rival from start
ing up in business here, she is contend
ing that she Is entitled to use the name
she has registered and which is. rap
Idly becoming locally famous.
Eagles'! Temporary Treasurer.
WARSAW. Ind., Aug. 1. -Mayor Rigdon.
of Warsaw, today was appointed tem
porary National treasurer of the Frater
nal Order of Enelek
The Yale Laundry
il:fkf.ifr
4 1 sr I- - S r-a J
i 1 -i- if. -6 - ' i Jit
I" ? - Hlk . . ...W. C-9.-,
Will Be Open for All Customers About
August 15
WONDERED WHY
Found the 'Answer W " Coffee."
Many pale, sickly persons wonder for
years why they have to suffer so, and
eventually discover that the drug
caffeine in coffee is the main cause
of the trouble.
"I was always very fond of coffee
and drank it every day. I never had
much flesh and often wondered why 1
was always so pale, thin and weak.
"About five years ago my health
completely broke down and I was con
fined to my bed. My stomach was in
such condition that I could hardly take
sufficient nourishment to sustain life.
"During this time 1 was drinking
coffee, didn't think I could do with
out it.
"After awhile I came to the conclu
sion that coffee was hurting me, and
decided to give It up and try Postum.
I dida't like the taste of it at first,
but when It was made right boiled
until dark and rich I soon became
very fond of it.
"In one week I began to feel better.
I could eat more and sleep better. My
sick headaches were less frequent, and
within five months I looked and felt
like a new being, headache spells en
tirely gone.
"My health continued to Improve and
today I am well and strong, weigh 148
lbs. I attribute my present health to
the life-giving qualities of Postum."
"There's a Reason."
Name, given by Postum Co., Battle
Creek, Mich. Read "The Road to Well
vllle," in pkgs.
Ever rend the above lettrrr A new
one appears from lime to time. They
re arenulne, true, and fall of human
Interest.
LAST WEEK OF THE GREAT
SALE
The final week of the Clearance Sale fully as interesting: as the first days of the
sale. Questions of profit or former price cut no figure, as it is our determined
policy not to carry goods over from season to season.
Men s Suits
This season's best styles, in plain
or fancy mixtures, , "
REDUCED FROM $10 TO
Mens
New fabrics, browns in all shades
and patterns, stripes, fancy weaves
REDUCED FROM $15 TO
Mens
Suits
Hand-tailored garments, as near
perfection in clothes as can be had,
REDUCED FROM $20 TO
Hen's Shoes Men's Shoes I Men's Shoes Men's Shoes Men's Shoes
$2.00 Values $2.50 Values $3.00 Valus $3.50 Values $4.00 Values
Now $1.45 Now $1.85 Now $2.25 Now $2.85 Now-$3.25
The Store That Rights the Wrong, Which
Means Your Money Back If You Want It.
CHICAGO
CLO
SOL GARDE, Proprietor
THING CO.
69-71 Third Street, Bet. Oak and Pine