THE SUNDAY OREGONIAN, PORTLAND. MARCH 21, 1909.
MILLION AND HALF
jury reported and comforted the
daughters of Colonel Cooper. Several
other friends were with them, and ac
companied them to the room of1 the de
fendants, where they awaited the ar
rival of bondsmen.
After the bondsmen had signed the
party was whirled away in the Burch
automobile to .the Bradford home.
There will be no further proceeding In
the case for about a week.
HARPER AND KERN
IF YOU WANT TO KNOW WHAT SMARTLY DRESSED MEN WILL WEAR
THIS SEASON ASK BEN SELLING u
FOR COOPER BOND
WILL NOT TESTIFY
Citizens of Nashville Oversub
scribe $50,000 Bonds by
Many Thousands.
VERDICT SECOND DEGREE
Jury Compromises In Case and Fixes
2 0 Years as Sentence Iefense
Gives Xotlce of Appeal.
Will Argue in Week.
XASHVILL.I3, Tpnn., March 20 Colonel
Duncan B. Cooper and his son Robin
wore found gjuilty in the second degree
of the murder of ex-Senator Carmack
today by the jury that has been hearing
the case for the past nine weeks; and
upon recommendation of the Jury, wnich
In T:messce has the power to fix sen
tence ;n all but first degree crimes, were
sentenced to the maximum penalty of 20
ywa in the State Penitentiary.
Attorneys for the Coopers at once
sLated that they would appeal from the
verdict., basing their action, on the state
ment made yesterday at the acquittal
or John Sharp, that the Jury was "hope
lessly tied up as to .the Coopers;" and
declarlnft that this was the real verdict,
and that a mistrial had occurred. Judge
.-ed th0 bonds of tn defendants
at i..00o each.
Insa..,tly that the bond books were
brought into court there was a rush of
Popl9 to siKn them, and as a result
the bond totalled nearly Jl.600.000 when
the Coopers finally . left the court and
retired to the home of Judge J. c. Brad
ford. In vain the clerk protested that
more than enough sureties had bee-.i
signed, but the invariable answer was:
Wo want to put our names on that
bond, too.'
When there was no more room for
names at the foot of the document the
new bondsmen indorsed it across the face
until it was difficult to decipher the
signatures.
Verdict a Compromise.
Inquiry among the jurors after the trial
hsd been closed showed that the verdict
was a compromise. From the start the
jury Mood six for conviction in the first
d-Kree with mitigating circumstances
five for murder in the second degree with
a JO-year sentence, and on for acquittal.
On the first ballot Sharp was acquitted
nd the conspiracy charge disregarded
wednesoay and Thursday the ballots
showed the same result.
Friday the man who had stood out for
acquittal went ovor to the second degree
verdict, but insisted on a ten-year penalty
fcrly Saturday morning he agreed to the
&-yoar term, and then those who . had
been in favor of the first degree verdict
Joined the others, and the Jury was
agreed.
The defendants took It coollyalmost
without emotion. Mrs. Buren and Mrs.
Wilson, the -young daughters of- Colonel
Cooper, were brave, and aside from tear
ful eyes, restrained their- emotion game
ly. Mrs. Burch sat with her arms around
her brother Robin's shoulder, anc. Mrs
" "on was at her father's right,
The jurors looked tired, too, looking
disheveled and when the court remarked
"I thank you. gentlemen, for your pa
tience and devotion to the state, and dis
miss you to your homes and your per
sonal avocations." the entire 13 sprang
from their seats as one man and hurried
ly left the courtroom. The defendants
and their counsel remained to complete
the bond preliminaries and motions for a
new trial.
Crowd In Courtroom.
Various and insistent rumors that the
jury had agreed were responsible for a
crowded courtroom this morning and for
the presence of attorneys for both sides
long before, the usual hour for convening
court. As soon as Judge Hart entered
court, and even before he removed his
coat, he ordered the jury and the de
fendants brought into court.
' I understand they have agreed," he
remarked to the press table, "and am
sending to see."
In almost a moment 9:25, to be ex
act the 13 men entered the room and
took the same seats they have occu
pied for nearly nine weeks.
"Have you agreed upon a verdict,
gentlemen?" said Judge Hart.
"We have." replied Foreman Burke,
hoarsely.
"Advance. Mr. Foreman, and read the
verdict."
"We. the Jury, find the defendants,
Duncan B. Cooper and Robin J. Cooper
guilty of murder In the second degree
and assess their punishment at con
finement In the state penitentiary for
a period of 10 years."
"So say you all. gentlemen?"
"So aay all of us." In chorus.
Then after the court had dismissed
the Jury. Judge Anderson, of the de
fense, was on his feet, exclaiming:
"Your Honor, we move the case be
declared a mistrial, because of the ver
dict yesterday. We contend -that yes
terday's verdiot was the only one. and
that it acquitted John Sharp and de
clared a disagreement on the other de
fendants. We also ask that the defend
ants be admitted to bond."
"The verdict of the Jury makes It a
bailable case." was the court's retort.
"Hence I will fix the bond of each de
fendant at $25,000. unless there be
some objection. In any event, I will
hear arguments.'
State Heady for Protest.
"It Is satisfactory to us," said At-torney-Uener.il
McCarn.
"And satisfactory to us." retorted
Judge Anderson.
"There seems to be nothing left but
for the court . to pass sentence." said
Judge Hart.
"I don't think that necessarv," said
Judge Anderson. "We move that judg
ment be suspended and that we be
given a new trial. We will be prepared
to argue the motion later probably
next week."
"All right. Judge." remarked the
court. "I know you will not delay un
necessarily and I take It upon your
own convenience."
"Bring In the bond books," ordered
Judge Hart.
It was done, and the defendants
signed the bond and returned with
their relatives and friends to the room
they have occupied in the jail build
ing. Mrs. Burch. who stood bravely
and even smiled In the courtroom,
collapsed as she reached the narrow
corridor leading to the Jail, and had
to be supported by her husband. Mrs.
Wilson's eyes were streaming with
tears. Both' young women have count
ed confidently on an acquittal, al
though even their counsel advised
gainst building too many hopes on
the result.
John 8harp hurried to the Court
house whan ha heard of the verdict
nd was soon closeted with the de
fendants and their counsel.
Mrs. atiara was in court when the
Europe Thinks West Is
WQd and Woolly
Ciarbled and. Lurid Accounts of Ore
Ron Tralat Hold-Vp, Accepted as
Authentic, Are Hlshly Diverting;.
The fame of the daring hold-up made
of the O. R. &-N. train No. 1 near Clar
nle last December has spread far and
wide. R. F. Roberts, an Englishman
passing through Portland, said yesterday
that he had noticed in the museum
maintained by the city of Birmingham, a
copy of the linen notice issued by the
Oregon Railroad & Navigation Company.
The notice was framed In a wild and
woolly setting of stuffed wild animals,
with a few revolvers in the background.
To hear of the crowds gathered round
the notice, one would assume that those
who had read the notice believed that
hold-ups of this nature were dally occur
rences in the West. The notice was do
nated by an American tourist, who sup
plied a very garbled account.
The Insolent swagger with which the
robbers were described as going through
the train in the appended notice was the
most interesting part of Mr. Roberts'
story. They were alleged to have taken
the valuables of many passengers, some
of whom were made to take off their
shoes as proof that their gold was not
secreted in them, while the ladies were
made chastely to salute the modern Tur
pins. Mr. Roberts also spoke of seeing a cut
of the notice in the Paris Temps, with
a translation attached. The Temps dis
cussed the matter editorially, informing
Its readers that the lack of a police serv
ice and the employment of a mere Sheriff
and his voluntary deputies was the un
doubted reason that the "villains" had
not been captured. "Although the West
erners cried 'death to the villains.' " runs
a translation of the Temps' remarks,
"they have never been discovered from
that day to this. The Temps was never
corrected and Parisians still believe Port
land the home of - wild outlaws, free
lances and cowpunchers.
WAS PIONEER OF 1848
Mrs. Mary J. Hanna liong Resident
of Yamhill County.
Mrs. Mary J. Hanna. a pioneer of 1X4S,
died in this city las Sunday, at the
residence of her daughter, Mrs. Samuel
H. Davis, 334 Fourteenth street, aged 83
years, t months and 1" days.
Mrs. Hanna. whose maiden name was
Clark, was born in Mansfield. O., May 16
l&S, of Scotch-Irish ancestry. In early
hfe she removed to Paris. 111., and on
February 3. 1R42. was married to Stewart
Hanna. of that place. In l&tf Mr. and Mrs
Hanna, with two small children, deter
mined to go West, and that Fall went to
St. Joseph. Mo., remaining for the Winter
Early in the Spring of 1S48. the necessary
outtit of provisions and teams was pro
cured, and the journey across the plains
waa made. In September of that year
the family arrived at Dayton, Yamhill
County.
Mr. Hanna. who was born in Bellen
hench. Ireland, in October. 1798. came to
the United Statns in isns t,h ..i..
his parents in Pennsylvania. In early life
he learned the carpenter's trade and later
that of a millwright, both of which stood
mm in good stead in his early pioneer
life In Yamhill County. He also followed
contracting and farming. He died in
Dayton. October 25. 1ST5. He was related
to Mark Hanna. of Ohio, on his father's
side, and to the well-known millionaire
merchant of New York, Alexander T
Stewart, on his mother's side. In 1877
Mrs. Hanna removed from Dayton to this
city, and made It her permanent residence
up to the time of her death. Many years
ago she united with the Christian Church,
and was a faithful member of that con
nection. She was the mother of six children,
three of whom survive her, as follows
Mrs. Sam H. Davis, of Portland; Mrs!
Fred A. Crawford, of Dayton, Or., and
Mrs, 13. A. Rowley, of Idaho. She was
burled in the family plot at Dayton, on
March 17, and multitudes of her old
friends and neighbors by whom she was
greatly beloved were present at the Interment.
AMERICANS JVIN AT CHESS
College Men Play by Cable at
Princeton and London.
PRINCETON. N. J., March 20. For
the second successive year the Ameri
can college chessplayers, from Colum
bia, Newark and Pennsylvania, easily
defeated the combined talent of Ox
ford and Cambridge today in the an
nual cable match for the Rice inter
national trophy. Five of the six games
ended tonight, with the score 4 to 1
in the Americans' favor.
The sixth game, unfinished, goes to
the referee for adjudicaton, but the
American player has the call.
The American players were at Alex
ander Hall here and the British players
were In a hotel in Holborn, London,
and the Americans were represented
there by James Mortimer, while Magnus
Smith, ex-champion of Canada, repre
sented the British players in America.
NEW LEAGUE SIGNS PITCHERS
Intenuountaln Circuit Gets Three
Star Ball Players.
BUTTE. Mont.. March 20. (Special.)
Manager John Barnes, of the . Butte
team of the Inter-Mountain League,
announced today that he had purchased
the release of Kirby Hoon, the well
known pitcher, from the Spokane team
of the Northwest League, and had
signed Charles N. Elsey and Joe Chev
alier. Elsey was a member of the
Butte team In the days of MeCloskey,
and was a member of the Southern
League. Chevalier Is a twlrler from
the Coast.
TEMBLOR COMES ON TIME
Shock Near Barcelona Was Predict
ed Two Weeks In Advance.
BARCELONA. Spain. March 20. An
earthquake shock was felt in Catalo
nia Province at 3 o'clock this afternoon.
The earthquake shock fulfills a
prophecy made a fortnight ago by
Emile Marchand, director of the ob
servatory on the Pica du Midi, in the
Pyrenees.
M. Marchand also predicted an earth
quake for February 21 In the Alicante
His second prophecy created great con
sternation among the lower classes.
No verification has been received
here of the reported earthquake shock.
There was no shock at Barcelona.
Slight Shock In Portugal.
LISBON. March SO. A slight earth
quake shock has occurred in Algarve
Province. No damage has been reported.
Refuse to Tell - Grand Jury
About Graft in Los An
geles Tenderloin.
OSWALD IS STILL MISSING
Search Along Mexican Border Proves
Fruitless Absence of Three
Chief Witnesses May
Block Inquiry.
LOS ANGELES, March 20. Arthur C
Harper, ex-Mayor, and Edward Kern!
ex-member of the Board of Public Works,
will refuse to answer questions pro
pounded to them by the grand jury when
they are summoned before that body
next week. This is the statement of
Horace Apple, counsel for Kern and
Harper, who says that he" has advised
both men to assume that attitude. The
District Attorney's office has been ad
vised of the situation.
The continued absence of Nick Oswald.
i Tenderloin." together with
the attitude of Kern and Harper, may
render the Work of the grand jury in
ohf ?.OUhthe facts a dlfficu't problem.
Chief Detective S. L. Brown, of the Eis-
I ,ttoJney'a "Wee. returned today
rrom Tla Juana and reported that he had
covered the surrounding country for a
hundred miles around the Mexican bor
der in his search for Oswald, but had
found no trace of either him or Vetter
The detective declared his belief that Os
wald was nowhere in that region
No arrests have yet been made follow
ing the indictments by the special grand
Jury of an individual whose name is un
healed. Several deputies from the
Sheriff s office have been busy since last
evening endeavoring to locate the man
wanted. Speculation continues as to the
identity of the person indicted, and it has
been stated with some show of founda
tion that the person named is not Nick
Oswald. The jury adjourned to meet
Monday.
HALF-BILLION IN SUBWAYS
New York to Make Vast Expendi
ture for Rapid Transit.
NEW YORK, March 20 The remark
able scope of Greater New York's plans
llriuJiT , a?euat transportation
5 8 !n2,cated n a statement
issued here today, which shows that
the expenditure of nearly $500.000 000
..!?t5mpIatea- of thl" amount nearly
1400,000.000 is included in project!
tunnels and subways. Work involving
a fourth of this total will probably be
gin before the end of the present year.
A continuous transit line, which pro
P.SeS ,2 8-00,000 system of moving
sidewalks beneath Vi - . . .
- . 1 1 v n l viuwaeu
business centers, is also planned.
JAP MURDERER CAUGHT
Accused or Killing Foreman of Sec
tion Gang in California
SALT LAKE CITyTMarch 20. A Jap
fefh T corresponds m appearance
to the description of an alleged mur
derer in a circular issued by Special
Agent Klnderland of the Southern Pa
cific railroad was arrested by the local
police today. The name in the clrcSSr
Is Torahiko. The suspect has been
known here as Murise.
Torahiko is said to have killed the
foreman of the section gang with which
he was working in California.
SENATOR CAN BREAK TIE-UP
(Continued From First Page.)
ther action will be taken on the direct
primary bill.
, xf. a cnference of 20 regular Re
publican Senators they agreed this
morning to stand pat on the provision
for vote by assembly districts. The
seven Democrats and 13 Republicans
who advocate the statewide vote are as
determined as their opponents, and de
clare that the only way the latter can
break the deadlock is to get Black
back from Palo Alto.
Nebraska Not at A.-Y.-P.
LINCOLN. Ieb.. March 20. Nebraska
will not exhibit at the Alaska-Yukon-Pacific
Exposition. The Senate today killed
the appropriation for $15,000 tor that pur
pose which had previously met with the
approval of the House.
FREE
PILE
CURE
Sent to Demonstrate the Merits of
Pyramid Pile Cure.
What It Has Ione for Others, It Cam
Do for You.
We have testimonials by the hun
dreds showing all stages, kinds and
degrees of piles which have been
cured by Pyramid Pile Cure.
If you could read these unsolicited
letters you would no doubt go to the
nearest drugstore and buy a box of
Pyramid Pile Cure at once, price fifty
cents.
We do not ask you to do this. Send
us your name and address and we -will
send you a trial package by mall free.
We know what the trial package
will do. In many cases it has cured
piles without further treatment. If it
proves its value to you. order more
from your druggist at 60c a box. This
is fair, is it not? Simply fill out free
coupon below and mail today.
FHEK package; covpox
Fill out the blank lines below with
your n.-.me and address, cut out
coupon and mail to the PYRAMID
DRUG COMPANY. 190 Pyramid
Bldg.. Marshall. Mich. A trial pack
age of the great Pyramid Pile Cure
will then be sent you at once by
mail. FREE, In plain wrapper. .
Name
Street
City and State.
HAND-TAILORED and BENCH
MADE describes the clothes
we sell
Every garment handled by ARTIST
TAILORS.
MY NAME is the only label
which is the BROADEST GUAR
ANTEE of STYLE correctness and
ABSOLUTE SATISFACTION
MEN'S SPRING SUITS
$20 to $40
LADIES and MISSES' MAN
TAILORED COATS shown in our
juvenile department. -v
Leading
Tailor
Attempt W ill Be Made to Straighten
Terminal Tangle.
President Howard EU.'tt. accompa
nied by a party of Northern Pacific of
ficials, will reach Portland late this
week on what Is given out as an in
spection trip, but which is understood
to be an attempt to end the local termi
nal war on a satisfactory basis. A. D.
Charlton, assistant general passenger
agent, returned yesteraay from a trip
to Spokane, where he met the other of
ficials and inspected mileage in Eastern
Washington and Idaho. In this party
w.re: Howard Elliott, president; C. M.
Levey, Liird vice-president: H. C. Nutt.
general manager; Henry Blakely, gen
eral Western freight agent, anu B. E.
Palmer, general superintendent.
The party was in Spokane last Tues
day and went down the Palouse branch
of the Northern Pacific and up the
Clearwater to Stites. Wednesday the
party went over the Grangevllle line
and back to Lewlston Thursday. On
Friday the officials went over the Snake
River branch to Pasco, making the trip
on the first train over the new Snake
River branch. The party then broke
up, Mr. Ievey going East, Mr. Charlton
coming to Portland, and President El
liott and the remainder of the officials
going on to Tacoma and Seattle, from
where they will come to Portland this
week.
"There will be a new Northern Pa
cific train between Seattle, Tacoma and
Spokane beginning Sunday, March 28."
said Mr. Charlton yesterday upon his
return to the city. "It will be known
as the "Spokane Limited," and will
leave Seattle and Spokane at 7 P. M.
daily, arriving at the ot;her end of the
line at 9 A. M. The train will carry a
combination baggage and smoking car.
first-class Pullmans from both Tacoma
and Seattle, and a combination dlner-bulTet-obseTvatlon
car. The service to
be Put o wlll be what Is needed to
meet the reaulrements or the traffic"
A. C. Dore Dies at Aberdeen.
ABERDEEN, Wash., March 20. -(Special.
A. C Dore, of Canyon City, Or.,
who was visiting his son here, was found
dead in bed this morning. He was 66
years old.. . . -.
Robbers Get $200O by Dnamlto.
COLDWATER, Okla., March 20. Roh
?r. rnajn,ted tho "afe " the Bank
20OO tday nd ePed with
SUH
T T llrl ww -
rzere iswnat Hundreds ot You Have Been Waiting For. fl lWQ CITITC PHrr
Many Have Inqmred the Time of This Sale. So Here It Is LADlE. J oUI 1 b T KIlE
We Tell You Free With Each Order for a Gentleman's Suit
If. .V 'it ' t ?ir7. '
if YV i YZhy iv
iVi 1 - ( rVV
it t , At-4 j A'LxAl
f ; : 3 I 'IA
L - - - I' 1
Beginning tomorrow morning at 8:30 o'clock, this offer will continue during the
coming week, giving time that all may be waited on. as it is impossible to at once
get an additional number of competent help for bo short a time, therefore, yon may
have to call several times in order to make the proper selections, and time is re
quired to handle the many orders for gentlemen's suits, in view of the fact that
J. M. ACHESON is personally going to take every measure and handle the suit
order. There are hundreds of patterns of cloth for GENTLEMEN'S SUITS for you
to select from. Prices, as has always been Acheson's custom, are marked in plain
figures and at from $25.00 to $45.00. Those don't look like high or raised prices
do they? Nothing but all-wool cloth used, and if Acheson can't fit you, why, you
know he doesn't want you to have the garment. '
The Complete Sale
With each order for a gentle
man's to order suit, one lady's !
suit will be given free abso-
lutely free and a credit for f
one-third off from the price of r!
anv hat costing S5 or mnr in '
r km lot-?'? i
Field's Millinery Department. K JCTf',
Guess it will pay you to get N ( l4hli
uncle, nephew, sweetheart or jp
some one to buy a man s suit.
About Ladies'
Suits
Can have any shade ladies' suit j
you want: three-piece, two-niece I
suits : silk dresses, iumoer snita. i . ' ?,
. - l r
There is a fine range of messa- ' ft
- j . . . . . fr-.i
imc bjllb. ureases to select irom. f s Va
The aim him hoon tn eriua o errant V f"A
number of different styles. The
sale and display will be conduct
ed on our big fifth
elevator.
JM , , Sc . Kb If. F-
i t i - r r
'C . .
4
fit ; , X;
w
ACHESON CLOM & SUIT CO.
142 Fifth Street and Acheson Building 148 Fifth Street
if th floor. Take ) . 1 1 A
Li1 ' r?'fj
M If i