The Sunday Oregonian., July 18, 1909, Page 6, Image 6

THE StTNDAr OREGONIAN. rORTLASD, JULY 18, 1909.
6
JURY PROMPTLY
ACQUITS YOUTH
George Murgatroyd Is Cleared
of Charge of Murder,
at St. Helens. .
OVATION IN COURTROOM
Audirnce Cheers on Receipt of Ver
dict and Prisoner Is Carried
From Courtroom by Friends.
Abel Congratulated.
ST. HET.EN3, Or., July 17. (Special.)
Oeorg-e Murgatroyd, tried for the murder
of Robert Livingstone at Goble in De
cember last, was acquitted here tonight.
Tlie Jury retired for deliberations at 9:15
o'clock and returned the verdict of ac
quittal three minutes before 11 o'clock,
having been out an hour and three-quarters.
On the first ballot the jury stood 11
for acquittal and one blank. The second
ballot was 11 for acquittal and one for
manslaughter. The third ballot was the
verdict.
Acquittal of the prisoner had been pre
dicted as soon as the state closed its evi
dence and the defendant had proved an
alibi, to the effect that he was in Astoria
at the time when the murder occurred.
There was a wild demonstration when
the verdict was announced In open court,
and the cheering could be heard for
blocks. Attorney Abel, defendant's coun
il. was aiven an ovation. The prisoner
on his discharge was surrounded at once
by hla friends and escorted from the
courtroom.
The defense In the Livingstone mur
der case rested this afternoon, having
placed on the stand several witnesses
for the purpose of proving Murga
troyd'a presence In Astoria for the
period covering the commission of the
crime. As It stood at that time It was
a perfect alibi, but the prosecution. In
rebuttal, damaged It materially. The
Sheriff of Clatsop County and Police
Officers Llnvllle and Houghton testi
fied to the bad character of several of
the alibi men. and E. A. Farlngton, of
Kugene, who was subpenaed for the
defense, to Impeach Mrs. Richmond,
also Impeached the character of
Blanche Smith, who testified that Mrs.
Richmond and herself were working
at the Eugene Hotel when Mrs. Rich
mond told of her hopes of sharing the
reward for the conviction of Murga
troyd. Tom Llnvllle. Sheriff Pomeroy, Sher
iff White, of Columbia County, and Po
lice Officer Houghton, of Astoria, all
testified that Johns, the restaurant man
for whom Murgatroyd worked, told
them that he discharged him the day
after the election In Astoria, which was
held December 9. Johns had previously
sworn that Murgatroyd was in his em
ploy from the 6th to the 21st of De
cember. 1908. and that he was at the
restaurant every day of that time.
Sheriff White also testified that Johns
told him Murgatroyd wore patent
leather shoes, which corroborates Ma
lone's statement to that effect.
Walter Pomeroy. foreman of the grand
jury, swore that EJwlck made the state
ment before the grand Jury that he saw
Murgatroyd in Kalama the week the
murder occurred. Elwick had previously
sworn when called for the defense that
lie made no such statement, and that If
he did It was untrue.
A. H. Harris, a reporter for a Port
land evening paper, testified that he
visited Roy Malone, then a coiumDia
Olympic Domestic Science Class
-5.
' TPS .
, Is i
StAl 11., juiy A.. v.
ernor Benson, of Oregon, was the
guest of honor at luncheon last
j tnrday at the Educational building
cn the Expooltlon- grounds, given by the
domestic oiem;e class of the Olympia
7 I - : " . . , ... - , -f ' ... - , 'If , r
County prisoner. In the Multnomah
County Jail, and by consent of the jailor
Harris took him Into the Jail library and
got from him a verbal statement that
Mrs. Zigler had told him that Livingstone
had about J1200 In his cabin, that the
money would do good and that he must
kill Livingstone.
Deputy District Attorney Miller opened
for the state, Mr. Abel, for the defense
made an eloquent and logical plea for
the acquittal of his client. He depended
to a great extent upon the testimony of
Malone. and denounced him as the actual
murderer of Livingstone, and called at
tention to the statement that Malone
testified that Murgatroyd came out of the
Blake, house near Goble on the morning
of December 8. He stated that Malone
had connected himself by his own con
fesHions with the murder, and wondered
why he had not been indicted for It. H5
dwelt, upon the. fact that- Malone said
he went to Livingstone's cabin to warn
him of the plot against him, smoked the
pipe of peace with him and yet had
secured for Mrs. Zigler three men to
rob him.
Prosecuting Attorney Tongue fol
lowed for the state. He declared that
the testimony for both the state and
the defense came from the members of
the lower world, the class with whom
Murgatroyd associated, and therefore
the only chance for evidence came from
men and women willing to swear away
a man's life for pecuniary reward, as
charged by counsel for the defense, and
that it was fully as probable that
Murgatroyd. who is In the same class,
would murder Robert Livingstone for
$1200. He denounced Attorney Abel for
asserting the prosecution had concealed
testimony favorable to the defense. His
strongest characterization of Murga
troyd was that he was a hobo, a con
fessed deserter from the Navy living
under an assumed name with denizens
of the under world.
"If there is anyone beside the crea
tor who knows who murdered that old
man In the cabin at Goble, It Is Mur
gatroyd." asserted Attorney Tongue,
"and. gentlemen of the Jury, he claims
the deed. Before you determine that
George Murgatroyd is Innocent, you
will have to find that he lied when he
claimed the deed."
SCIO DRUGGIST INVOLVED
Did He llreak Law by Selling Liquor
on Dentist's Prescription?
ALBANY. Or., July 17. (Special.)
Whether or not It is a violation of the
local option law to sell liquor on a
dentist's prescription Is a question
which will come up for decision before
Judge George H. Burnett In the State
Circuit Court here next Monday after
noon. The case of the State of Oregon
vs. Edward Peery will come up for
hearing then, and this Is the only ques
tion Involved.
Peery. who Is a Scio druggist, was In
dicted bv the last grand Jury on a
charge of violating the local option law.
He admits selling liquor on a prescrip
tion Issued by Dr. T. K. Sanderson, a
Scio dentist. Peery thought he had a
perfect right to sell upon such a pre
scription, but District Attorney McNary
and Deputy District Attorney Hill con
tend that a dentist s prescription aoes
not suffice under the terms of the local
option law.
School District Offers Reward.
BROWNSV1LLH, Or., July 17. (9pe-
.1.1 Th. ?Crrth Ttrownsvllle 9chool
Board has offered a reward of WOO for In
formation leading to the arrest and con
viction of the person who set nre to tne
North Brownsville public school building
recently, resulting in the complete de
struction of the building. The fire was
plainly of Incendiary origin.
New Park at Forest Grove.
FOREST GROVE. Or., July 17. (Spe
cial.) Articles of Incorporation have been
filed by those Interested In the promotion
of an amusement park west of this city.
The incorporators are: J. N. Hoffman,
Charles O. Roe. H. J. Goff, Charles W.
Mertz and John Taornburgh. The capital
stock Is $."jO0O. A crew Is at work cutting
the underbrush. The local transportation
company Is considering the extension of
Its line to the grounds.
Governor Benson Guest of Honor at Luncheon of
J fi' V t J , . TV V ,1- s
f t J
1M
High School, under the auspices of the
Washington State A.-T.-P. Commission.
In this class are 11 young women who
have attained near perfection in the
culinary art. While there were 11 In
the domestic science class the number
of guests also cumbered 11. The mem
EXPECT BIG Gil
Portland
Draw
Day at Fair Will
5000 Boosters.
SHOUT "500,000 IN 1912"
Commissioner Vehrung Says Port
land People' Are Enthusiastic
Over Chance to Advertise City
at A. -V.-P. Exposition.
SEATTLE, Wash., July 17. (Spe
cial.) "Five Hundred Thousand Push
Ckib Day" Is the next big occasion on
the A.-T.-P. Exposition ' calendar.
That's another big name for Portland
day next Tuesday, when, according to
Commissioner W. H. Wehrung, 6000 en
thusiasts from Portland and vicinity,
bent 'only on advertising their city
and shouting their slogan "500,000 in
1912." will overrun the Fairgrounds,
carrying banners and buge ribbons.
Tuesday will be a "go-as-you-please"
day, for the boomers from Portland.
They will have no programme other
than an ambition to see everything at
the Fair before and after the reception
scheduled for the Oregon state building
between 2:30 and 3 o'clock. There will
be no speeches.
"I never saw anything In my life like
the Interest taken In Portland In the
Push Club Day." said President Weh
rung, of the Oregon Commission, today.
"Hundreds of persons living near
Portland are taking advantage of re
duced rates to come to the Fair and
the number Is so great that many are
having difficulty in getting reserva
tions. The first special will arrive to
morrow and others will come Monday.
"The best Information I can get In
dicates that between 4000 and 6000 per
sons will be here Monday. Portland's
slogan now Is '600.000 in 1912.' and
this will be a by-phrase at the Fair be
fore the boosters from the Willamette
leave. They want to take in every
thing, so will be busy throughout the
day. The Pay Streak will get the bulk
of the crowd In the evening."
BAN PLACEDjON BASEBALL
Grants Pass Demands Prohibitory
License on Professional Games.
GRANTS PASS, Or.. July 17. (Spe
cial.) Following In the wake of the
Puritan blue laws, the City Council
last night by an emergency clause
passed an ordinance that will hereafter
license and regulate baseball playing
within the corporate limits.
The license was fixed at $75 for each
game, and as this is more than Is
usually taken in at the games, the reg
ulation is practically prohibitory in ef
fect and will close the baseball season
so far as playing for admission fees to
the public, but It does not stop a game
played for amusement and without
charge. .
UNCONSCIOUS 12 HOURS
Boy Falls From Bridge While Out
Riding on Bicycle.
BSTACADA. Or., July 17. (Special.)
Otis Wayner, 15-year-old son of P. M.
Wayner, a farmer living about two
miles east of Estacada went out bicycle
riding at S o'clock last evening. When
he did not return search was made by
and Guests Entertained at Seattle
Eleven Covers Served by Eleven High
?- ; j ' J-'
bers of the class served the luncheon
on a table handsomely appointed and
decorated with roses. At the plate of
each guest was a souvenir card bear
ing thepictures of the hostesses.
In the gronp of guests seated at the
tJla are the followln reading from
Full Black or Blue
Suit, With Extra Pair
Trousers ... . . .
$25
Tf costs so little to command thor
oughly first-class tailored garments
as we now sell them that no gentleman
need fall into the error of wearing poorly
designed or ill-fitting garments on ac
count of the price.
Every suit order includes an extra pair
of Trousers without extra cost.
Suit and Extra Trousers, $25 to $45
Tt' our wav of quickly cleaning up th
nurplus stock at the end of a busy sea
son's trade.
Sn-rtpfartloti guaranteed in all casern.
Garments to ord-r In a day if required.
Full Dress and Tuxdo Suits a specialty.
WILLIAM JERREMS" SONS.
108 THIRD STREET.
his family and he was found lying In
a small stream of water and unconscious
at a bridge on the road near his home
about 10 o'clock. The boy was carried
to his home and Dr. Adix. of Estacada,
summoned, who administered stimulants
but consciousness was not restored until
10 o'clock this morning.
Jt is thought the boy received no
serious injury In falling from the bridge.
CENTRALIA" STEALS MARCH
Rushing Street Work in Order to
Cover Old Railroad Work.
CENTRALIA, Wash., July 17. (Special.)
Tile contractors who are engaged in im
provement work for the city today re
ceived orders to cut through the embank
ment of the old Union Pacific grade, in
the southwestern part of the city. Twenty-two
teams and nearly oa men are
working against time to get the cuts
through the high embankment before any
Interference on the part of the railroad
company shall occur. A police officer has
Been given a special detail to prevent
trouble.
This grade was built years ago, before
the city limits readied as far from the
business centers, and the company has
never been given a franchise to cover the
territory. Enough work has been done
from time to time to hold the right of
way. and the high embankment has re
mained, making the streets practically
Impassable and a source of annoyance
and complaint.
A party of railroad men was in the city
yesterday and made an inspection of the
grade that runs from here to Chehalis.
The company filed with the City Council
at its last meeting a protest against the
Btreet improvement plan for the district
through which the road passes.
FARMERS TO BUILD LINE
Wlieatgrowers Near Penldeton Plan
Electric Traffic System.
PENDLETON, Or., July 17. (Spee
ds.!.) The Farmers' Railroad-& Navi
gation Company was incorporated here
today with a capital stock of $250,-
School Girls.
"V V.
left to right as the various persons slt
Sam H. Gaxlanu. Governor Benson, W.
A. Halteman, "W. P. Matlock, Pendleton;
J. H. Albert, Salem: A. M. Crawford. W.
r ci,t t. M Rnrnett. of the Wash
ington State Commission; Judge Gallo-
way and J. H. Settlemeir, of Woodland, j
if r l
$20.00 Suits $15.00 $35.00 Suits $26.50
$22.50 Suits $16.50 $40.00 Suits $29.50
$25.00 Suits $19.00 $45.00 Suits $34.50
$30.00 Suits $23.50 $50.00 Suits $39.50
000. The object of the corporation is
to build a main line electric railroad
from Umatilla to Milton, with branch
lines tapping every part of the wheat
belt in that section of the country be
tween the Umatilla. Walla Walla and
Columbia rivers. This Is the line be
ing promoted by the Farmers' Union,
and is Intended to be a competitive
line with the one for which articles of
Incorporation were filed a week ago,
and which Is headed by State Senator
C. J. Smith.
The incorporators are Charles A. Hill.
O. R. Earnhart and A. A. Cole. In ad
dition to building the railroad, the
farmers expect to operate electric
lighting plants and possibly a fleet of
boats on the Columbia. A crew of
surveyors is now In the field, and ap
plication has been made to the County
Court for a franchise along some of
the county roads, particularly across
the Umatilla reclamation project,
MAN BEGS, ISSENT TO JAIL
Ablebodied Citizen of Colfax First
Victim of Vagrancy taw.
COLFAX, Wash., July 17. (Special.)
Frank Clark, aged 35, a strong, able
bodied man. was given the first fine in
Colfax under the new vagrancy law.
Clark was arrested while begging on the
streets of Colfax today, being sent to jail
to serve out a $50 fine.
Summer School Crowded.
UNIVERSITY OF OREGON. Eugene,
July 17 (Special.) The enrollment in the
Summer school of the University of Ore
eon Is more than twice that of any pre
vious year. The registration Includes
teachers from all over the state, as well
as a number of students who wish to
lighten their work for the coining year.
A number of special lecturers have been
engaged from outside the state. Dir.
Stuart, of Leland Stanford University,
having charge of the department of Eng
lish literature. Superintendent Stockton.
CHECK
ACCOUNTS
The opening of a
bank account means
more to the new de
positor than to the
bank. It means the
introduction of meth
od in the handling of
his money. It means
a record for every
transaction. It means
standing in the com
munity in which his
checks circulate and
are known to be good
for the amounts they
carry, large or small.
No one can afford to
handle his money
an account
with us no restric
tion as to amount.
MERCHANTS
SAVINGS & TRUST
COMPANY
.247 Washington Street.
G
rays
Special Offering of
Chesterfield
Clothes
Special Sale on Fancy Vests
and Odd Trousers
R. M. GRAY
MORRISON AT FOURTH .
of the Eugene public schools, has Just
finished ' a . course of lectures on school
management; Superintendent Toder of
the Tacoma schools will begin a series
on Monday, and will be followed by Su
perintendent Cooper of the Seattle
schools. The session will close August 8.
Albany Tabernacle Torn Down.
ALB ANT. Or., July 17. (Special.) Al
bany's big tabernacle will be torn down
at once. Workmen began today remov
ing the electric wiring and fixtures, and'
the demolition of the monster building
will follow. The tabernacle was erected
for a five weeks' revival service, and was
later used for the convention of the State
Teachers' Association and other public
events. Such a building fcs badly needed
In this city, but the ground on which part
of it stands Is needed for business pur
poses. State's Crop 85,000,000 Bushels.
TACOMA, July 17. The Washington
wheat- crop for 1909 will be 10.000,000
bushels greater than that of 1908. and
Tomorrow
A Limited Number of These Go on Sale Tomorrow
and Tuesday. "
Here is positively the greatest value ever offered. A strict
hrnd new. latest stvle. genuine Edison, with highly-pol-
lv
CoA o-ntirmo nalr nahinet and
in black and gilt enamel, large maroon and gilt horn made in
two sections for convenience in handling, supported by nickel
plated swing crane. Has new style Model K reproducer
equipped with two sapphire points of different sizes, for either
Standard or Amberol records. Has powerful motor, can be
wound while running, all gears interchangeable. Think of it!
This instrument, together with six records, three Standard and
three Amberol (Mr. Edison's wonderful new four-minute rec
ord), for only
Remember, only a limited number.
Be on hand early.
Terms: Cash, or, if you like, one dollar a week.
Headquarters for Talking Machines and Records.
pianor-elfabili
S53 Washington St., Corner of Park (8th St.).
within 7,000,000 bushels of the bumper
crop of 1907, according to preliminary
estimates made by Chief Grain Inspec
tor King. Although the official crop
estimate will not be made by the com
mission until some time next month.
Mr. King thinks this year's crop will
total 35,000,000 bushels.
Vancouver Man Passes.
VANCOUVER, Wash., July 17 (Spe
cial.) Harry G. Conboie, aged 31. died of
pulmonary tuberculosis this morning at
the home of his sister, Mrs. E. R. Scho
field. Funeral services will be conducted
on Monday afternoon by Rev. Otis P.
Gray, rector of SL Luke's Episcopal
Church, and the interment will be in the
city cemetery. Mr. Conboie was a native
of this city and was raised here, but dur
ing the past seven years he bas spent
most of the time in California. His only
surviving relative is his sister, Mrs. B. R.
Schofield. -
Mainly the trouble with compiling- a list
of the 100 wont books is that Upton Sin
clair Jack London and David Graham
Phillips have written only about a doxen
frrtrtlrw a piece.
and Tuesday
A GENUINE EDISON
124.55
with six records
cover to match. Parts finished
ty