The Sunday Oregonian. (Portland, Ore.) 1881-current, August 02, 1908, Page 9, Image 9

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THE SUNDAY OKEGONIAN. PORTLAND, AUGUST 2. 1908.
i
VICTIM OF PLOT,
OB SELF SLAIN
Mystery Surrounds Death of
Mrs. Mary Livering, Lou
isville Woman.
HER HUSBAND IN PRISON
Is I'ndrr Life Sentence on Convic
tion or Her Murder, hut He
Stoufljr Maintains His
Innocence.
1-AJCISVII.L.E. Aug. 1. Was the death
of Mrs. Mary Livering. of Louisville, the
irhastly fruit of a poison riot, or was
she a suicide weary of life? Cpnn the
ultimata answer to these questions de
pend the fate of Charles Livering. hus
band of the dead woman, now under a
life sentence for lier murder. He has ap
pealed hi rase to the Kentucky Supreme
Court and all Kentucky is speculating as
to what will he the final outcome. Uve
rlrur hope to be acquitted in the end.
His conviction rested upon the testimony
of confessed accomplices, supported al
most alone by circumstantial evidence.
But what a story those accomplices told.
It had to dfv that story with a fraudu
lent will, a note purporting to be the last
act of a suicide, but said to have been
obtained by treacherous running, the
concoction of deadly poisons while a
sneer played about the lips of the prison
er, a husband's determination to kill the
wife, of whom he was weary and his
fierce yearning; to possess as his own that
wife's estate these and other matters
and things quite as ghastly, quite as
atartllnfr.
Telle Shocking Story.
It was three years ago that Mrs. Live
ring died and for more than two years
the husband dwelt In security. Then,
one day. a policeman, whose suspicions
had been active all along, quizzed Mrs.
Anna Gray. who. with her husband, was
an intimate friend of Livering. What
she told the policeman seemed to corrobo
rate his worst suspicions and that tame
day Livering was placed under arrest,
charged with the murder of his wife.
He was Indicted and the case went to
trial recently. The whole state of Ken
tucky was shocked by the testimony In
that trial. Anna Gray and her husband.
Lou Gray, were the principal witnesses
for the prosecution. It was a grewsome
tale they told.
According to the testimony of those
people. It was a $1j.0u0 estate belonging
to Mrs. Livering that caused the thought
of murder to rise in Livering's mind and
ultimately led him to prepare and give
to his wife a dose of poison. The Live
rings formerly resided in Shelby County
-d Livering was a farmhand In the
Aploy of the first husband, of the wom
an who later became his own wife. This
employer died of poison and was sup
posed to have committed suinlde. Not
long afterward the wedding bells rang
and the widow became the bride of Uve
ring. .. !
Coveted Land. I
But though Livering was possessed of
'he widow, he had not got hold of the
dead man's estate, consisting of farming
lands valued at $1T.ooo or more. It is
aid that his mouth watered for those
lands. He longed to have the title deeds
to the farms in his own name to see the
fact that he was lord of the domain
spread upon the official records at the
courthouse. Rut there was only one
way to accomplish his heart's desire, and
that was to wheedle Mrs. Livering Into
making him her sole heir by a legally
drawn will, and then for her to die. It
is a peculiar thing how hearty and hale
undesirable wives are. and undesirable
husbands, too. for that matter. But. if
the evidence upon which Charles Live
ring was convicted be true, he kept his
eye on his wife and observed that she
was in robust health, not likely to die
oon. unless, maybe, a railroad engine or
a big automobile should run Into her or.
that he should take a hand and assist
nature. Indeed. Mrs. Gray testified that
Livering frequently urged his wife to
commit suicide, once even taking her out
in a boat and arguing with her that she
jump Into the river and drown herself.
But she was obstinate and refused.
"I have heard him say," testified Mrs.
Gray. -ln conversations with his wife.
Why don't you go ahead and kill your
self like you promised."
Livering sought to destroy the effect
of that testimony by bringing witnesses
who swore that Mrs. Livering was ad
dicted to morphine and whisky, and that,
after partaking of these In large quanti
ties, she would be despondent and ex
press a desire to die. Mrs. Gray replied
to that evjJence by saying that Mrs.
Livering ntr took drugs or whisky ex
cept when repeatedly urged to do so ty
her husband. The witness also said Mrs.
Livering was of a cheerful, self-reliant
disposition, and not morbid or despond
ent. And here arose the question of
whether or not Mrs. Livering did commit
suicide. For alongside her body when It I
was found was a note, in her own hand
writing. In which she declared herself to
be weary of life and prepared to die by
her own hand. The letter also stated
her desire to be that her husband should
Inherit all her property.
Suicide Note Frank.
Mrs. Gray swore tiiat "suicide note"
was a fraud and a fake, obtained by
IJverlng through the faith and trust re
posed In him oy his wife. According to
the evidence. Livering persuaded his wife
to write that note a month before her
death en the plea that they would "play
a Joke" on a relative with whom there
had been a quarrel. "He put the note in
ims povi ana i amn t see it any more
until TX,f Mrs. Uvering was dead." said
Mrs. Gray, -'but I knew in what manner
it was to be used."
Then Mrs. Grav told of how the suicide
was arranged, how cunningly, how cruel
ly, how pitilessly and how clumsily and
carelessly. She said the poison was
pestled at her house. It was a mixture
of soot and Tour and strychnine, she
said, which wxs pushed Into capsules
with a big nail. Mrs. Gray said he mut
tered imprecations against his wife as
he rammed home the poison In the cap
sules, remarked the while that lie
guessed these would fix her." Then he
went away to feed the deadly stuff to
the doomed woman, said the mitness,
but. in his haste, he left some of the cap
sules behind.
There was a dramatic incident at that
juncture of the trial. The woman in the
witness chair opened her purse, saying,
"Here are the capsules he left behind.
and she held them up so all could see.
Mrs. Livering was told that the pills
were a tonic. She was not feeling well.
The evening before her death Mrs. Gray
, called on her.
"Didn't you warn her?" asked the at
torneys for the defense.
"Tes." said Mrs. Gray, "but I didn't
tell her there was poison in the capsules.
I didn't dare to. Mr. Livering had threat
ened to klil me and commit suicide if I
told on him."
Livering was not at home the night his
wife took the tonic. Ho came by the
Gray home the next morning and asked if
his wife bad been there. He was in
formed she had not.
"Well." said he. according to Mrs.
Gray. "I guess she's a dead one by this
time." And not long afterward they re
ceived a message from him that his fire
diction had been verified.
Mrs. Gray said that fter the woman's
death Livering called on her and had her
taken to the country for two weeks "to
get over the excitement." Then he put
us into a house he owned," she said,
"and told me and my husband we could
live In the house alwavs at his expense.
He said, too, that everything he owned
should belong to him. his sister and to
nie for the rest of his life."
Livering brought him a blank sheet o
paper, that is, blank with the exception
of Mrs. Liverlng's name signed at the
bottom of It, and on that paper lie (Lou
Gray) wrote a fraudulent "will" and he
and Mrs. Gray signed it as witnesses. By
the terms of that "will" Livering was to
be the sole heir of his wife.
Probate Is Denied.
A tier her "suicide" an attempt was
made to probato the will in Shelby Coun
ty where the real estate was situated,
but the probate was denied on the plea,
offered by Mrs. Liverlng's relatives that
the document was fraudulent, that Gray
swore Livering had told him Mrs. Live
ring's signature was obtained on blank
rift ni tv raiisine her to believe a lease
was to be made out. Gray admitted
wlinoul hesitation that he had perjured
himself in the Shelby County will litiga
tion, in which he had testified to hav
ing seen Mrs. Livering sign the document.
Gray made a bitter denunciation of
Livering from the witness stand, and, re
fusing to keep silence at the judge's com
mand, he was fined for contempt of court
and sent to jail. s
The Jury was agreed as to the guilt of
levering and would have fixed his pun
ishment at death had not the principal
evidence against him been the testimony
of accomplices. So the penalty was
m.Hn nro imr.rinonm.-nt. Livering accept-
n.t ihA wrritct as calmly as he would
have had the whole affair been some
minor civil suit.
Is Livering guilty? A jury has "pro
nounced him so. If he is not, then surely
he is the victim of a plot most hideous.
But the question rcsls now with the Su
preme Court of Kentucky, to which trib
unal it has been appealed and before
which it will be heard at the approaching
term.
BEGIN WDBK ON BEG PLANT
Sl'KVKV GOKDOV FALLS SITE
THIS WEEK.
Promoters Expect to Have Large
Woolen Mill in Operation by
January 1, 1909.
Active work on the site of the new
power plant and woolen mlllVt Gordon
Falls, near Bridal Veil. Or., will begin
tomorrow, when a surveying party un
der the direction of Engineer J. H.
Cunningham will leave for that place
to establish a permanent camp and en
gage in surveying and platting the new
townsite. It Is the Intention of the
promoters to begin the erection of the
power plant and woolen mill at the
earliest date possible.
Architects are now preparing plans
for thee buildings, together with plans
for an excelsior mill", hotel and a few
rouairi. Orders for goods already re
reived makes It necessary that the mill
shall be ready for operation by Janu
ary 1. 1909. Upon the completion o
the nrelimlnary surveys and plats, sites
for tho various industries will be se
leeted and building operations will be
Kin at once. It Is proposed to have the
various buildings completed at as near
lv the same time as possible in order
in have them In operation wtthou
delay.
Charles Coopey, one of the promoters
of the new enterprise, is negotiating
for several sheepmen for a large tract
of land In the vicinity of Gordon Falls,
which It is proposed to use as a sheep
ranch. This will enable the owners to
have their sheep sheared on the
Dremises.
Representatives of the Methodist
Church yesterday visited Mr. Coopey
for the purpose of securing a site for
a church and parsonage In the new
town of Gordon Falls. It is understood
that such a site will be presented to
the denomination In questiol by the
owners of the townsite.
Application has been made by several
merchants for the privilege of estab
lishing a store in the new town. TMs
concession, however, is not to be grant
ed. It being the purpose of Mr. Cooper,
Mr. Peaslee and their associates to es
tablish a co-operative store on the plan
of those In operation in England. I'n
der this arrangement each resident of
the town will be a stockholder of the
institution. No one wiH be permitted
to own "more than one share of stock
which will be valued at tS. A cash
business only will be transacted. Every
three months the profits accruing from
the sale of the merchandise will be di
vided among the members In propor
tion to the amount of their purchases.
If the member so desires, he can leave
the money with the savings department
and get his legal rate of Interest for
It. This method Is followed to a great
extent In . England. at Oldham,
Blarkburn, Preston. Leeds, Manches
ter, Liverpool and other manufacturing
centers.
Merchants
Savings & Trust
Company
247 WASHINGTON STREET
Capital$150,000
Fays interest on Savings Ac
counts and Time Certificates.
Receives deposits subject to
check without limitation as to
amount.
Effects collections in any part
of the country on most reason
able! terms.
Acts as Trustee in all legiti
mate relations.
Cares for properties, collects
rents, etc '
Interviews solicited witi those
contemplating any phase of our
service.
TEETH .
Refuses to Surrender
Auto to Sheriff
J. H. Krllr I hsaxM Mi4. Hmtver,
Wfcea More Depntlea Appear ts
Ka force V rtt t Replevin.
HEN Oeputy Sheriff Bulger Ttnt
own to serve a writ of replevin
on J. B. Kelly for an automobile, the
peace officer didn't know just exactly
what he was running up against, so he
did not take a company of the Oregon
National Guard with him. But Bulger
wasn't long In getting reinforcements
when he was surrounded. And the
Peputy Sheriff got the machine he wenfc
after.
Automobiles cauwe trouble in many
ways it was a new kind that Bulger
found. Ira T. Beeman is the owner ot
the chug-wagon. Something got wrong
and the suto had to be sent to an ex
pert. J. B. Kelly, who was a candidate
for the nomination for State Senator
not long ago. has a motor-car hospital
on the corner of Second and Salmon
streets and hither went Beeman.
In due course of time the owner of
the horseless pleasure wagon went
round to see If the break was mended.
It was. He asked for his bill. It was
handed him. Beeman thought the bill
would be in the neighborhood of a
dosen dollars: Instead he declares that
It was over 1100. And he couldn't get
the aito until the bill was settled.
Straightway Beeman proceeded to se
cure a writ of replevin in order to have
his machine for a Saturday night spin.
About noon yesterday Bulger went
down to serve the papers on Kelly.
This office is equipped with all the
latest appliances and formulas for
doing high-class work. Consultation
free. Ate n-y ear guarantee given
with all work.
CHICAGO
PAINLESS DENTISTS
Corner Sixth and Washington.
Be sure you are in the right office.
Lady attendant.
Phones: Main 3SS0, A 5340.
Office Hours:
8 A. M. to 7 :30 P. M. Sundays, 9 tol2.
When the owner of the hospital saw
what was doing, he informed the Dep
uty Sheriff that the machine could not
be taken out of the place until settled
for. At that, Kelly called all of his
workmen up and ix or seven husky
men gathered " about the repaired Joy
cart. Bulger then showed his star
and told them not to monkey with tho
strong arm of the law.
But his arm didn't look so strong to
them, and they laughed. At that, Bul
ger at once telephoned the Sheriff's of
fice for help, aid and assistance. Dep
uty Sheriff Jones quickly slipped a
pocket-sized Gatllng gun in his hand
and made a run for Second and Sal
mon; Deputy Sheriff Sam Wagner
Sam fs not a relative of Lou followed
after. When help came, Mr. Kelly
changed his mind, and the automobile
was secured without one drop of blood
having been shed in Its defense.
RESCUED JSS Br MIRACLE
BREAKING OF AIRPIPE SAVES
FERXIE MINERS.
Three Dead and One Dying as Re
suit of Cavc-in at Crows
Xest Pass.
VANCOUVER, B. C. Aug. I. A Pro
vince special from Fernie says:
Three dead and one dying Is the
death roll of yesterday's frightful acci
dent In the Coal Creek mine. Twenty
miners, penned In by hundreds of feet
of earth and rock, escaped as by a
miracle. The eras was about to over
come them and several had slipped to
the ground ready to die, when a flood
of fresh air filled the chamber In which
they had gathered.
A falling rock hsd broken the com-
pressesd-air pipe Just at the point
where the men were gathered. Here
by accident fresh air wa let loose-
inster.d of being delivered hundreds of
feet further into the depths of the
workings, where It would have been of
little beaeflt to the entombed men.
With the first alarm, hundreds of
women, who had snatched their babes
In their arms, crowded around the pit
head. . Children freed from school
Joined them.
The cpeclal train from Michel, with
President Llndsey and his staff of of
ficials on hoard, slid down the five
miles of the 3 per cent grade In less
than 7 minutes. Llndscy Immediately
Joined Superintendent Strachan and the
pit bosses who had entered the mine as
far as it was possible to get. The tun
nel was absolutely -closed, and after
half an hour of fruitless work It looked
as If the 24 missing men were surely
dead.
But just then faint rapplngs could be
heard on the air pipe, which Indicated
that some at least were still alive.
Then it became a race which would
reach the entombed men first, the picks
and shovels of the rescuers or the kill
ing gas that was undoubtedly rapidly
ccunuilatlng.
The miners of the searching party
drove a hole through te main all of
coal, reached an inner chamber, bored
another hole and found 15 half dead
men on the other side. The cheers
on the surface were hardly finished
when other men were found and the
total number of rescued was later !
brought up to 20. .
No Students No Gas No Cocaine
Special Reduction on All
W- WIT fff A
uemai wont unm
August ICtti ;
Cleaning teeth anrl painless extrac
tion 'free for a short time only.
-
FALL SHOWING eT CARPETS
AND RUGS NOW COMPLETE
Comprising the newest and most exclusive designs in Body
Brussels, Axminsters and the famous Bundhar Wilton. In the
Body Brussels are designs and colorings especially adapted
to general use, including also a complete line of exclusive bed
room patterns. In the different grades of Axminsters are all
the new combinations of tan and brown, in Oriental and artis
tic conventional designs. Our line of Bundhar Wiltons for
this season surpasses all previous displays for beauty of de
sign and coloring. We particularly mention the L'Art Nou-
veau, Oriental and conventional patterns, in all the popular colorings.
6th floor
Carpet Department,
SALE OF GO-CARTS AND CARRIAGES
Fourteen patterns are offered in a three-day sale and priced for quick clearance
with the intention of reducing our stock of children's vehicles. Sale commences
tomorrow. Mail orders and out-of-town inquiries will receive careful and prompt
attention.
SPECIAL $13.75 The Allwin patent folding
Go-Cart; all metal frame; full nickel-plated;
has reclining back; can be folded most com
pactly. SPECIAL $14.75 Reclining Carriage with
best spring and gear construction; green fiber
body. Cushions and parasol.
SPECIAL $19.75 Reclining Carriage in cream enamel;
coach finish; upholstered in same color leather cloth. Best
gear and construction; parasol.
SPECIAL $22.75 Reclining Carriage, with best gear and
construction; body of green fiber; tipholstered and fitted
with parasol. 1
SPECIAL $22.50 Carriage with reclining back; body in
coach finish; upholstered in corduroy; best spring and gear
construction.
SPECIAL $14.25 -Folding Go-Cart with
wood body; coach finish; best gear and con
struction. Upholstered in leather cloth. Parasol.
SPECIAL $15.00 Folding' Go-Cart, with
wood body; green coach finish; upholstered iu
leather cloth. Reclining back: parasol.
SPECIAL $23.00 Reclining Carriage with high-grade gear
and spring construction; body in best coach finish; uphol
stered and fitted with parasol.
SPECIAL $24.00 Reclining Carriage in brown coach finish
best gear and spring construction; upholstered and fitted
with parasol. .
SPECIAL $31.75 Auto Carriage with brown reed body;
reclining back; hood and upholstery in leather cloth. High
grade gear and construction.
SPECIAL $37.50 English Perambulator, in best cream coach finish; upholstered best quality leather cloth; reversible hood.
tV?e CROCKERY DEPT UNUSUAL VALUES
IN A THREE-DAY SALE OF GLASSWARE
Clearance selling of odds and ends from our line of glassware in pressed, etched and cut-glass
designs. Take advantage of this sale for replenishing your household stock. Monday, Tues
day, Wednesday.
Custard Cups, special, each 5
Toothpick Holders, special,, each 5
Olive Dishes, special, each 7
Spoon Trays, special, each ..7
Handled Jelly Dishes, special, each 7C
6-inch Nappies, special, each 10
Bonbon Dishes, special, each : 10?
Horseradish Cups, special, each 10)
Water Bottles, special, each 45i
Decorated Finger Bowls, special, each ...55
Water Pitchers, special, each 55C
9-inch Nappies, special, each . 60
Tea Sets, special, each 80
Tumblers, special, per dozen 80
Decorated Water Bottles, special, each 85
Berry Sets, special, each ' 9o
Decorated Water Sets, special, each ' $1.2o
5-inch Plates, special, each 10
Finger Bowls, special, each 10?
8-inch Berry Bowls, special, each '....15
Vinegar Cruets, special, each 15?
Salt and Pepper Shakers, special, pair 15
5-inch Footed Bowls, special, each 15c
Decorated Olive Dishes, special, each 25c
Berry Sets, special, each 35
Wine Sets, special, each f..$1.45
Berry Sets, special, each $1.45
Decorated Tea Sets, special." each $1.50
Decorated Tumblers, special, per dozen $1.85
Decorated Water Sets, special, each $1.85
Cut-Glass Tumblers, special, per dozen $2.35
Cut-Gass Claret Goblet, special $2.45
Cut-GIass Sherbet Glasses, special, per dozen $2.75
Cut-Glass Tumblers, special, dozen $4.95
TWO SIZES IN
SANITARY
REFRIGERATORS
SPECIALLY PRICED
In the Basement Depart
ment tomorrow and Tues
day, special sale of two
popular sizes in the won
derful "Sanitary" Refrigerators.
NO. 5 SIZE SPECIAL $14.75
Galvanized iror' lined ; outside measurement : Width 23
inches, depth Hi inches, height 46 inches. Ice capacity 40
pounds.
NO. 205 SIZE-SPECIAL $16.75 .
White enamel lifled; outside measurement: Width 25 inches,
depth 16 inches, height 46 inches. Ice capacity 40 pounds.
f - -r h l n ri u id ia U iT:
M?iatttfffiri?'frBJ
SHIRTWAIST
BOX E S
Monday and Tues-
day in the Drapery
Department, a sale of Shirtwaist Boxes in
dainty cretonne coverings, pleated edges, padded
seats and lined. Your choice from several in
striped and floral effects, at the special . . $4.95
COUCH COVERS SPEC. $4.75
Extra heavy couch or davenport coverings of good
width and length; 6 feet wide by 8 feet long, in
Gobelin, and other tapestry fabrics. In the Drap
ery Department Sixth Floor.
Mail Orders
and Out-of-Town
Inquiries
Given Careful'
and Prompt
Attention.
INCOMPLETE-
M0U5E-FURHI5HER5II
Make your 11
OWN TERMS jj
ART
WALL
PAPERS
in the
Decorative
Dept.
Sixth Floor.
J
WINGFIELD STEALS MARCH
MARRIES SECRETLY AHEAD Oh
TIME TO DECEIVE WOMAN.
Prelpndcd Common Law Wife
Storms Wlien Slie Learns She'
Is Supplanted.
SAX FRANCISCO. Aue. 1. (Special.)
George Wlnirfield. millionaire mining op
erator.' of Goldfleld. Nev., married secretly
Thursday night Miae Maud Murdock.
daughter of Robert Murdock, cashier and
manager of th United States National
Bank, and they are now ependlngr their
honeymoon In Southern California.
The weddinir was announced for Satur
day afternoon, but Mr. Wingfield antici
pated thta dflte. as he reared trouble from
a woman with whom he used to live in
Nevada and who claims to be his wife.
This woman appeared late lasrf night at
the Stewart Hotel and was greatly in
censed when she heard the marriage had
occurred. She declared that Mr. Wing
field had spent Wednesday night with her
and promised her money If she made no
trouble. She claims under Nevada law
Fhc can prosecute Mr. Wintrtield for
bigamy.
A year ago she created a scene at the
t. Francis Hotel by threatening to shoot
Mr. "Wingrield. "
Mr. Wiugtleld wired yesterday to Gold-
field's three hlg saloons ordering the pro
prietors to set up wine for the boys and
charge it to him. As a heavy rain set
in, the mining town was doubly soaked.
NAMED CONSUL FOR PERU
Prof. Vejar, Acting Chilean Consul,
' Gets Additional Appointment.
Professor A. J. Vejar. acting Chilean
Consul, lias recently been appointed
Peruvian Consul In Portland, with of
fices In the Commonwealth Building.
Professor Vejar came to Portland last
November, and soon after was ap
pointed acting Chilean Consul to suc
ceed W. H. Jenkins, who resigned
shortly before Professor Nejar's ar
rival. Professor Vejar is a native of
Valencia. Spain, but for many years
resided in Mexico City. He first visited
Portland in 1305, during the T,ewis and
Clark Exposition, as a member of the
South American Commission. Profes
sor Vejar was for several years editor
of a Spanish and English journal in
Los Angeles. At the same time he held
the position of Secretary to the Mexi
can Consul-General at Los Angeles, 1
General G. Andrade. He is at present
head of the department of languages
in the Portland Y. M.' C. A.
Permitted to Clianpe Name.
Kalherine Elizabeth Ieary was yester
day eranted permission by the County
Court to change her name to Katherine
Elizabeth Fitzgibbon. She says In her
petition that for the past an years she
has been living with Mr. and Mrs. Tliiwii
a Fitzgibbon. of this city, her parents
having died when she was but 2 years
old. and that she would like to hear tho
name of those who have been so kind to
her.
Every woman covets a
shapely, pretty figure, and
many of them deplore the
loss of their girlish forms
after marriage. The bear
ing of children is often
destructive to the mother's
shapeliness. All of this can be avoided, however, by the use of
Mother's Friend bef6re baby comes, as this great liniment always
prepares the body for the strain upon it, and preserves the symmetry
of her form. Mother's Friend overcomes all the danger of child
birth, and carries the expectant mother safely through this crjtical
period without pain. It is woman's greatest blessing. Thousands
gratefully tell of the benefit and relief derived from the use of this
by all druggists at $1.00 l4
per bottle. Our little book, h'y
telling an aDoui mis nm- i
Ml 1 i C ' "
mem win dc sent rree.
THE ERADFIELD REGULATOR CO.
Atlanta Ga.
. -J.J