The Sunday Oregonian. (Portland, Ore.) 1881-current, October 18, 1908, SECTION FOUR, Page 10, Image 44

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    THE SUNDAY OREGONIAX. PORTLAND. OCTOBER 18. 19QS.
I : - ' m I
MARTIN VERDICT
is
COMPROMISE
Jury Holds Him Guilty of Man-
slaughter After 25 Hours' ,
Deliberation.
BOTH SIDES DISSATISFIED
Counsel for Defense Declares Pris
oner Will Yet Go Free,-While
Stale Believes Finding Shonld
Bo First-Degree Murder.
A verdict of manslaughter was re
turned aftalnst Edward H. Martin, ac
cused murderer of Nathan Wolf, the
First-street pawnbroker, by a Jury in
the State Circuit Court, at 3:30 o'clock
yesterday afternoon. The Jury had de-
' liberated on a verdict for 25 hours.
Counsel for the defendant Immediately
applied for and were granted 20 days
to present a motion for a new trial.
Juries Cleland fixed next Tuesday at
1:30 A- 1L as the time for pronouncing
sentence. The maximum penalty for
manslaughter is Imprisonment In the
State Penitentiary for 15 years.
Secrecy Pledged by Jurors.
Neither the prosecution nor the de
: fense nor the prisoner himself is sat
I lsfled with the verdict, which Is rec
' prized as a compromise. The Jurors
j before films into the courtroom evl-
dently had pledged themselves- to
I secrecy as to the result of their ballot
i Ins; before the final verdict was reached.
I ."one of them would discuss their de
liberations or indicate how the ballot
ing stood as to the guilt or innocence of
. the accused at any stage of their ex
' tended conference. 4
The members of the Jury manifestly were
satisfied with the instructions from the
court and were resolved on their course
of action before leaving the courtroom
Friday afternoon. At no time during
the 25 hours that were spent In reach
ing the compromise verdict did they
ask for any further enlightenment by
the court as to the legal phases of the
subject they were required to decide.
The members of the Jury retired at 2:15
o'clock Friday afternoon and It was Just
3:15 P. M. yesterday that word was sent
to the officers of the court that an aRree
ment had been reached. The half-filled
courtroom was quickly crowded by the
expectant spectators who thronged the
corridors of the courthouse. John A. Jef
frey. Seneca Fouts and C. A. Ambrose,
counsel for the defendant, were the first
of the legal counsel Interested in the case
to enter the courtroom. They were fol
lowed presently by District Attorney Cam
eron and his assistant. Thad W. Vree
land, representing the state.
Awaits Verdict With Smile.
At 3:27. Martin, accompanied by Deputy
6heriff Beatty, arrived and took his seat
beside his counsel, whom he greeted with
smile. Three minutes later, the mem
bers of the jury filed into the Jury box
and. In response to an Inquiry from Judge
Cleland as to whether or not a verdict
Jiad been reached. Fred K. Hungerford.
foreman of the Jury, delivered to the
court the findings of that body.
The verdict was first Inspected by
Judge Cleland. who handed It to Clerk
"Wells, who read it. During the read
ing of the paper, Martin stood erect
and the pronouncement of his guilt of
manslaughter caused a noticeable ex
pression of disappointment to take
possession of a countenance which but
a few minutes before was wreathed
with smiles In anticipation of a ver
dict which the prisoner had satisfied
himself must be acquittal.
Following the formality of his coun
sel in asking for time to file a motion
for a new trial. Martin was returned to
his cell, where he was Joined a few
minutes later by Mrs. Martin, who, how
ever, was not present when the verdict
was received. In dismissing the Jur
ors. Judge Cleland thanked them as an
officer of the court for their patient
attendance on the long and tedious
trial.
'Unfair,' Martin's Only Comment.
"It was a aiost unfair court and
Jury. was the only comment uttered
by Martin, as he was being returned
to the County JaiL Later in the after
noon he declined to receive reporters
or to discuss the case, referring to his
counsel.
"We are very much disappointed
with the verdict." said District Attor
ney Cameron. "There should not have
been a compromise verdict. Kither
the defendant was guilty of first de
gree murder or he was Innocent and
should have been acquitted. There
were no grounds for compromising the
verdict. The crime was a deliberate,
cold-blooded deed, and the Jury should
have determined the guilt or Innocence
of the accused for such a degree of
crime and none other."
"Of course, we were surprised that
1 any verdict other than that of acquit
tal should have been returned." com
mented John A. Jeffrey, who assisted
lo defend Martin on the murder charge.
"We are not satisfied with the ver
dict, for. In view of all of the circum
stances, we think the accused should
have been acquitted. There were a
few awkward circumstances surround
ing the case to be explained, and I
have no doubt but that this fact and
the longdrawn-out trial and volume
of evidence were responsible for the
compromise verdict that was reached.
We are hopeful of obtaining a retrial
and are confident eventually of ac
quitting the defendant."
Defendant's counsel were not pre
pared yesterday to say whether or not
they would appeal the case to the
State Supreme Court should their mo
tion for a new trial be denied by
Judge Cleland.
WIDOW GETS BTLK OF ESTATE
Will of Daniel E. Buchanan, Dispos
ing of $300,000 Is Probated.
By the provisions of a will, admitted to
probate yesterday, the bulk of the estate
of the late Daniel E. Buchanan, estimated
to be worth JKW.Ooa, is bequeathed to the
widow. Bertha B. Buchanan, and the
daughter. Rosetta Buchanan. As directed
In the will. Mrs. Buchanan was appointed
executrix of the estate, which includes
among other property the Buchanan
building on Washington street.
The will also provides that another
daughter. Josephine Brunswick, during
her life shall receive the income from
3H0.OW. It Is directed in the will that that
mount shall be deposited In trust In the
Security Savings & Trust Company to be
Invested in Income or interest-bearing
securities, the returns from which shall
be turned over to the beneficiary as they
are collected. On the death of Mrs. Bruns
wick the tQO.OOB is to be paid over to
Rosetta. if the latter survives her sister.
If the younger daughter Is not then alive.
the bequest is to be distributed among her
children. If there are no children, then
the money goes to the widow, but in
event of her death, it reverts to the estate
to be distributed among the heirs.
Barber Wants Boycott Enjoined.
Through his attorney, ex-Untted States
Attorney Bristol, William G. Jones, pro
prietor of two barbershops in this city,
has filed a suit In the Circuit Court In
which he asks for an injunction restrain
ing the members of Local Union, No. 75,
Journeymen Barbers from interfering fur
ther with his business. For several weeks
the union barbers have been conducting
a boycott on the two shops conducted by
Jones, alleging that he does not employ
union help, recognise union hours or pay
union wages. The application for an in
junction probably will be heard next
week. '
Report on Johnson Estate. '
W. M. Ladd. administrator of the A. H.
Johnson estate, yesterday filedln Probate
Court a report showing the sale of prop
erty belonging to the estate for consider
ations aggregating J130.ST2. In all nine
tracts were sold, the Spring Hill farm
bringing 322,000. In each Instance a pay
ment of 10 per cent was made, the balance
of the purchase price to be paid on the
confirmation of the sales by the court.
Sues to Collect $1202. .
O. M. Hickey yesterday filed suit In
the Circuit Court against M. Eleo and
John Marandas to recover the sum of
$1202. Hickey holds claims against the
defendants for this amount which rep
resents claims of various wholesale
dealers ' against the firm of Eleo &
Marandas, purchasers by the plaintiff.
Wife Charges 'on-Support. "
Mrs. 'Helene Broeder yesterday filed
suit In the Circuit Court for divorce
from Charles B. Broeder. They were
married in . North Dakota in -November,
1891. - -
PORT OF PORTLAND REPORT
Pays Expenses and Retires $30,000
of Bonded Debt.
The Port of Portland has issued an
annual statement of the transactions and
business done by the commission -during
the fiscal year which ended September
30. During that time 36 vessels have been
placed on the dry dock for repairs and
the financial returns from that part' of
the institution amounted to J34.492.26. . It
cost 333,604.41 to operate the drydock. dur
ing that time. i . .....
Total receipts from all sources for the
Port Vf Portland amounted to 3253,044.92
and the total disbursements to $188,245.34.
The balance of $63,799.58 was used to re
duce the floating bond issue. Thirty
bonds of the par value of $1000 each were
taken up. Interest on the drydock bonds
was offset by the tax levy for the Port
of Portland.
The two dredges operated by the Port
of Portland have taken in during the year
more than enough money to pay for re
pairs. The revenue was gained by do
ing dredger work for private individuals
and for corporations. A large amount
of work was done for the Spokane, Seat
tle & Portland Railway Company in mak
ing the filat the old Weidler Mlllsite.
The report contained an exhaustive his
tory of the Port of Portland from the
time of its organization In 1S91.
FINDS COUNTERFEIT COIN
Secret Service Agent Connell Dis
covers Dollar Over Weight.
A counterfeit dollar weighing two
grains more than the gepulne coin was
yesterday secured by Secret Service
Agent Connell. It is believed to have
been made by shaving coins from some
of the South American republics. After
a smooth surface has been obtained,
the lettering and emblems of the
L'nited States coin are! stamped on the
metal. It can be easily detected by
reason of the fact that it is thinner
and larger than the genuine coin. Of
ficials of the Secret Service Depart
ment do not believe that the work is
being done here, but that the coin was
brought to the city.
CARRY NEW IDEAS
TO VALLEY CITIES
Demonstration Train Will Be
j Means of Instructing -Farmers.
FINE EXHIBITS IN CARS
Many Points .Will Be Visited and
. Oregon Agricultural College Pro
' lessors Will Give Talks
Along - Practical Lines.
What is said to be the most preten
tious train of Its kind ever operated
over any railroad in the United States
will be ' run by the Southern Pacific
Company through the Willamette Val
ley, starting the first .week In Novem
ber. It will be a demonstration train
that will show the latest .methods In
dairying, agriculture, horticulture and
stock-raising. .The train will consist
of seven or eight cars and will be ac
companied by. officials of the railroad
company. Professor Withycombe, di
rector of the Oregon' Experiment Sta
tion at Corvallis, . will deliver-lectures
at the various towns visited, and other
professors from the Oregon Agricul
tural College will also accompany the
train and give practical Instruction to
the farmers, dairymen and fruit
growers. Xcw Work in Oregon. '
Although the Harriman lines in this
state have only Tecently taken up the
work of educating the people of the
rural districts to improve their prod
ucts and increase their output, the
railroads have gone into It extensively.
The train to be run next month prom
ises to be the very latest development
of - this idea.'
One car in the train will be devoted
to agricultural exhibits , and demon
strations, another to horticulture, a
third to dairying and livestock. One
car wl'.l have a number of model dairy
cows for exhibition and practical dem
onstrations with milking machines,
cream separators and other appliances
of modern dairy methods will be given.
A model stall will be shown for the
benefit of dairymen and owners of
livestock. .In another car, practical
demonstrations will be given in pack
ing fruit. x
Coaches will be attached to the train.
In which lectures will be held In the
event the weather will not permit out
door meetings- at the various stops,
and there will be special cars for the
accommodation of the party of rail
road officials and Oregon Agricultural
College professors who will accompany
the train throughout its tour.
Cities to Be Visited.
The train will be out eight days and
during that time, the following cities
will be visited, a stop of about two
hours being made at each place: Hills
boro. Forest Grove, North Yamhill,
Carlton, Newbeug, McMinnville, Amity,
Sheridan. Dallas. Independence, Wells
dale, Albany, Shedd. Junction City,
Eugene, Cottage Grove, Springfield.
Brownsville, Jefferson, Salem, Gervais,
Woodburn, West - Stayton, Silverton,
Hubbard and Aurora.
R. B. Miller, head of. the traffic de
partment of the Harriman lines in this
territory, is arranging the itinerary
of the train and the dates of visiting
each place on the schedule will be an
nounced within a few days. Mr. Miller
Is the originator of the demonstration
train Idea on the Oregon lines. In
speaking of the interest the railroad
takes In the development of the terri
tory served by its lines, he said:
"Our object is te promote the agri
cultural, horticultural and dairying in
terests of the Willamette Valley to the
GREAT BARITONE TO SING IN PORTLAND OCTOBER 29
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EMILIO tE GOGORZA.
Emilio de Gogorta. who is to sing here soon, is among the male
singers what Schumann-Heink is among the female stars. His mag
netic personality, combined with individuality, makes his singing stand
out so far in advance of his contemporaries that he fills a unique
position in the concert world. Time and again has Mr. De Gogorza's
friends in the operatic world tried to persuade him to take up the
operatic stage, but the young baritone, he is only 24. cannot be per
suaded to forsake the position he has made fur himself in the concert
field. This is the last year that Mr. De Gogorza will spend In America
for some time to come and It would not be surprising if his Inten
tion In living abroad is to prepare himself for an operatic career.
Puccini, the composer, is a personal friend of Mr. De Gogorza's, and
one of his most enthusiastic admirers, and he has promised to arrange
a contract for him with the La Scala management In Italy, If he will
take the step. Mr. Do Gogorza's voice and temperament are eminently
suited to the operatic stage, and that Is half the battle. The Gogorza
recital will be on Thursday, evening. October 29. direction Lois Steers
Wynn Coman.
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Powers piMtopg
Dicfnified Credit VofW
'"(he $fore rf?&r Sves You Money
r
Special Prices on Heaters
Regular $6.50 coal Heater, blue steel body, cast Oil 0C
fire-pot; reduced to . AjTTiUd
Regular $8.50 coal or wood Heater, polished JP MZ
blue steel body, cast fire-pot; special at 00
Regular $11.50 coal or wood Heater, cast fire- PO QC
pot, blue polished steel body; special price OwidJ
Regular $9.50 wood or coal Heater. An extra 07 0C
good value; special, at only Oliwd
Regular $10.50 cast iined, airtight Heater, blue ' 00
stee! body; reduced to.... .....OUitJ
Regular $10.50 sheet lined, . airtight Heater, 00 Cfl
with cast bottom; special at OOiJU
. Regular $13.50 cast lined, airtight Heater, nickel CQ 0C
trimmed, polished blue steel body; special OwiOJ
r
Special Prices on Tables
No. 081051: Weathered oak Dining-Room Table, 44-inch solid
quarter-sawed oak top, pedestal base, claw feet, 6-ft. ex- 513 95
tension ; a $27.50 value ; special
No. 5913Y2: Solid quarter-sawed oak extension table, weathered
oak finish, old mission design, pedestal base, 48-inch top, tOA 0C
extends to 8 feet; is worth $42.50; special only v
No. 5748: 8-foot weathered oak Extension Table, first-grade solid
quarter-sawed oak used in construction, 48-inch top; full mission
design. This table is a splendid value at $54.00 ; on sale $29.00
Monday at....
No. 46701.: Golden oak Dining-Room Table, solid quarter-sawed
oak, 48-inch top, 10-foot extension, heavy pedestal base, tQ? AQ
claw feet, Hasting's make; value $47.00; special at. . .
No. 45981,2 : 8-foot Extension Table, golden finish, constructed of
first-grade quarter-sawed oak, 48-inch top, dividing ped- ff 94 OC
estal base, heavy ball foot; value $55; special
No. 561: Mahogany 8-foot Dining Table, 54-inch top, 6-leg con
struction. Can be had polished or dull finish; well worth ff 0Q Ojj
$73.50; special Monday only at.. T
MAIL ORDERS GIVEN PROMPT ATTENTION
fullest extent. We expect that great
Interest will be manifested In the sec
tion to be visited. The movement has
for its purpose the betterment of ex
isting conditions and to acquaint the
farmers with such facts respecting
modern and scientific methods as will
be to their material advantage. The
work Is undertaken solely with the
view to aiding the development of the
territory served by the Southern Pa
cific Company."
CHAXGES IX FREIGHT RULES
Shippers Must Vse Great Care In
Marking Consignments.
Notice has been received by the local
freight offices of the various railroads
of important changes in the rules re
garding the marking of miscellaneous
shipments, made by Western Classifica
tion Rule 27, Just issued. The change
becomes effective November 1. Copies
of the rule have been mailed direct to
shippers from Chicago, but they had
not been received up to yesterday, al
though the local railroad offices are
In receipt of the changes Just ordered.
Hereafter, each package, bundle or
piece of less than carload freight must
be plainly and Indelibly marked, show
ing the name of consignee and the
name of the station, town or city, and
state to which destined. Old marks
must be removed or effaced before
packages, bundles or pieces will be ac
cepted for transportation. When
freight Is consigned to a place not lo
cated on the line of a railroad, each
package, bundle or piece must be
marked with the name of the station
at which consignee will accept deliv
ery, or, if destined to a place reached
by a water line, the name of the rail
road station at which delivery is to be
made to such water line must be
marked on each package, bundle or
piece.
Freight not marked In accordance
with these rules will be rated - one
class higher. Freight consigned to a
place of which there are two or more
of the same name In the same state
must have the name of th county
marked on. each package, bundle or
piece,- and also shown on the shipping
receipt.
H. E, Lounsbury, local freight agent
for the Harriman lines, was making
known the new rules to freight ship
pers yesterday, he having Just received
advices from Chicago, and circulars
were issued by the local freight ware
houses of the various railroad lines, as
the new rules affect all alike.
Tomorrow and Tuesday, positively
the last-days for discount on East.
Side gas bills. Don't forget to read
Gas Tips.
Mason & Hamlin is the costliest
piano in the world.
Dr Lorenz' Nerve Tonic Tablets at
EvsseU's. 2S9 Morrison.
Say It
If your doctor says this
is all right, then say it
over and over again.
Ayers Pills
Headaches.
Biliousness.
Constipation.
Ayer's Pills ;
Sugar-coated.
Easy to take.
Don't forget.
We
the
Headaches.
Biliousness.
Constipation."
Ayer's Pills.
Sugar-coated.
Easy to take.
Don't forget.
Headaches.
Biliousness.
Constipation.
Ayer's Pills
Sugar-coated.
Easy-to take.
Don't forget.
hate no secrets! We publish
formulas of all our medicines.
J. C. AYER CO., Manufacturing ' Chemitts, Lowel1, Mass.
ADMINISTRATOR'S
SALE
"We Are Closing Out the Large Stock of
Watches, Clocks, Jewelry, Silverware and
mm- '
1 Tii I m Mini I II
Of the late NATH WOLFF at a great sacrifice. Come in and let us
convince yon that every article we SELL is SOLD at a snap. Every
thing must go, by order of the administrator of the
NATH WOLFF ESTATE
165 FIRST STREET
Three Big Specials at
The People's
Monday
18 Pounds Sugar . . . . . . $1.00
Good Flour, per sack .V. $1.10
10 Pounds Sweet Potatoes 25c