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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View This Issue
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THE SUNDAY OREGONIAX, PORTLAXfl, OCTOBER 24, 1909. .
UNABLE TO AGREE
HARD TO OUST
AIM C OAT
Log Chain No Bar to Family
From Disputed House.
Five Would Acquit Former
Court Bailiff on Charge
THREAT PUZZLING POINT
mffge Eakln Discharges Talesmen
Who Concur on AH Points of Case
but One Deliberations Con
tinue for Night and Day.
ST. HELENS. Or-. Oct. 13. (Special.)
Th jury In the Blakesley case was dis
charged at 3:30 o'clock this afternoon
after being out a little more
than 24 houTS. Judge Eakin called the
jurymen into court and after questioning
them as to the probability of agreement
and finding there waa no chance for a
verdict, discharged them from further
consld?ration of the caee.
The Jury stood seven for conviction and
five for acquittal on the ground that the
letter upon which the Indictment was
based did cot contain . a threat that
would make a reasonably courageous
man believe he was In danger of great
bodily harm. This was about Judge
Eakin's language In charging the Jury
and It Is to this instruction Blakesley
V owes his liberty, as the Jury agreed on
every other point necessary to base a
verdict of guilty. District Attorney
Tongue took exception to the instruction
at the time it was given, but Judge Eakln
aid he had carefully considered the law
and believed the Instruction was correct.
This morning the Jury asked for more
1-nplIclt instruction upon this point, and
the Judge emphasized his first statement.
CASE TO BE TRIED AGAIN"
District Attorney Tongue Announces
He Will Begin Second Fight.
HILLSBORO, Or., Oct 23. (Special.)
District Attorney Tongue, upon be
ing Informed of the disagreement of
the Blakesley Jury today, announced
that he would prepare to re-try the
use Immediately on the same indict
ment. He is surprised at the result, be
lieving the handwriting evidence
against Blakesley to be most convinc
ing. It Is the Intention of District Attor
ney Tongue to begin the second trial
next week if the court docket will per
mit this procedure. If this is not pos
sible he will endeavor to have the case
set for another date to this term of
In the next trial, it is believed, the
state will revive Jack McCarthy, the
x -convict Indicted with Blakesley, as
Introduction of the co-defendant would
allow much new evidence In the case.
In the recent trial the state tried to
get McCarthy in the case by the testi
mony of Tom Word. ex-Sheriff of
Multnomah County, but the evidence
was stricken out and McCarthy waa
later referred to by the prosecutors as
a "bogie man." a "figment of Imagina
District Attorney Tongue says be
will prosecute the case until either an
acquittal or conviction results. .
IAWTERS DEEM IT VICTORY
Stevenson and Haney Regard Disa
greement as Complimentary.
Attorneys John H. Btevenson and
Bert E. Haney. who defended Blakeeley,
consider the disagreement of the Jury as
a victory for them as they did not call
any witnesses, relying solely on their
to-losing arguments and cross-examinations.
The Instruction given the Jury by
Judge Eakln and which was the immedi
ate cause of the disagreement waa sub
mitted by Attorneys Stevenson and
Haney. It was sustained by Judge Ea
kln despite strong opposition by Dis
trict Attorney Tongue. This instruct
tlon termed a threat to be a written or
verbal statement that would cause an
ordinarily courageous man to be afraid
that he was to be subjected to bodily
barm. The Jury. in seeking further
light on this instruction, was told by
Judge Eakln that the original definition
of a threat was amply plain and that it
would stand as submitted.
The disagreement evidently Indicates
that the closing arguments of Attorneys
Stevenson and Haney won over five men
of the Jury as from first to last the
preponderance of evidence a as against
Though not yet retained It U believed
Attorneys Btevenson and Haney will de
fend Blakesley in the second trial. W.
W Blakesley. who financed the defenso
of his brother on the blackmail charge.
sld at the close of the trial that what
ever the outcome he was satisfied the
-Imported Portland attorneys" as they
were called by the prosecution, bad
made a remarkable defense out or no
evidence favoring his brother.
CAPTAIN EDWAflDS BLAMED
Macgcn Is Exonerated by Inquiry
MARSHFIELD, Or., Oct. 13. (Spe-
elsl inspectors Edwards and Fuller
have finished their investigation of the
sinking of the steamer Alert by the
steamer Breakwater, which occurred In
Coos Bay several weeks ago. Captain
Hacgen. master of the Breakwater, has
been exonerated from all blame for the
accident and today was presented with
papers by the Inspectors showing that
such was the tase.
No announcement has been made as
to what action, if any. will be taken
regarding Captain Edwards, of the
Alert, who. according to the finding,
was himself to blame for the accident.
The Inspectors have gone to the Co
qullle River to Investigate the case In
which the steamer Coqullle struck the
gasoline launch Wolverine In the Co
ROAD MAKES BITTER FIGHT
O. R. ""U1 Kef"e to Sleet As
sessments in Vnion County.
LA GRANDE. Or, Oct S3. (Special.)
Declaring that I3.276.075 was an un
reasonable assessment upon the prop
erty of the company in Union County,
and protesting against the assessment
with threats of carrying the case Into
the courts If the Board of Equalization
failed to give him redress. Tax and Site
Agent J. W. Morrow, of the O. R. & N,
opened fire upon Assessor T. A. Rine
While the Boardi of Equalization has
not ruled upon the case, it is understood
upon reliable Information that It is the
Intention of the board to sustain the As
sessor. The assessment was based upon
a valuation per mile on the main line
of 130.00 for the rolling stock and
137 000 for the roadbed. Protests have
been made In Wallowa and matilla
$3.25 APPLES ON SHOW
Hood River to Display Fancy Fruit
HOOD RIVER. Or., Oct. 23. (Spe
cial.) Apple-growers and business men
at Hood River are busy preparing for
the annual fruit fair, which will be
held this year. October 28, 29 and 30.
The Apple Fair Association haa on ex
hibition 28 handsome silver cups, which
It is offering as prizes. Three more
cups were today received from Steln
hardt & Kelly, the New York firm
which this year bought the union ap
ples at the highest price ever known in
the apple world. Incidentally, they
paid 13.35 per box as the top prize for
Spitzenbergs and 12.40 for four-tier
Newtowns and larger. Other varieties
sold In proportion. The cups are the
handsomest ever seen here.
Already over 800 boxes of the fanciest
fruit in the valley have been secured
for the fruit fair, and it is expected
that competition will be keener than
Church societies and hotels are pre
paring to entertain the big gathering
of visitors expected, and the Woman's
Club has selected one of the days as
tag day, when everybody will be tagged
to help along the free library.
The fair this year will be held in the
opera-house, to whioh an addition is
beingv built, and there will also be
Professor H. C. Van Deman, of the
United States Agricultural Department,
will Judge the fruit.
BOY SWINGS ON LIVE WIRE
Walla Walla Youth Burned to Crisp
WALLA WALLA, Wash.. Oct. 23.
(Special.) Terribly burned, with no hope
for his recovery, Reed Crews, a Walla
Walla boy, lies at St. Mary's Hospital
In a dying condition, as the result of
falling upon live eleotrlo light wires
shortly afternoon today. Young Crews
was employed with the gang of brick
layers at work on the new substation and
wan assisting them by passing up bricks.
While coming down from work on a tin
roof and in steadying himself by means
of a wet rope, the latter swung against
a live wire that Immediately completed
the circuit, throwing him onto the wires.
T3m VA s,1 hA mrllM his bodv waS
burned to a crisp and all his clothing
More than 2600 volts passed through his
PLOW TURNS UP PARAFFINE
Farmer Cnearths Big Cake of Wax
ASTORIA. Or., Oct. 28. (Special.)
While plowing in a field near Chinook
a few days ago, a farmer- unearthed a
quantity of a wax-like substance, which
while slightly lighter tn color, closely
resembles the so-called "beeswax" dis
covered .years ago on the ocean beach
near Nehalem bay.
The article Is said to be ozooerlte.
which Is sometimes called mineral wax.
er native paraffins, and is said to be a
product arising from crude petroleum and
gas. which have farced their way up
from subterranean lakes, uniting with
the surface formations. The wax was
covered with a thin coating of crude oil
PIONEER OF WEST PASSES
James O. Lyle Dies at His Home tn
THE DALLES. Or., Oct. 28. (Special.)
James O. Lyle, who died of heart failure
after a lingering illness at the home
place, four miles north of Lyle, Klickitat
County, Washington. Tuesday. October
1, was bon In Pennsylvania In 1831.
In he came to California, later re
turning to Iowa, where he married Miss
Martha Snipes In 1857. Mr. and Mrs.
Lyle crossed the plains In 1S6I and set
tled near The Dalles, and later at Lyle,
Wash., In 186& Mrs. Lyle died 22 years
Mr. Lyle at one time owned the pres
ent townslte of Lyle, and the place was
named for him.
FARMERS' AGENT GUILTY
W. I.'Henxell Is Accused of Selling
Grain He pidn't Have.
' LEWISTON. Idaho. Oct. 23. (Special.)
W. I- He.izell, former manager of the
Farmers Oo-Operative and Educational
Union warehouse, at Greer, was con
victed of grand larceny late this after
noon In the District Court.
Henzell was charged with having sold
and shipped out grain for which he did
not bold the warehouse receipts. He was
held to the District Court on two counts.
The Farmers' Union has established a
number of grain warehouses In the Cen
tral Idaho country, and has successfully
operated the some for the past two years.
STEAMER NEW ERA ASHORE
Little Ship Breaks Engines, Drifts
on Reef In North.
VANCOUVER, B. Co.,' Oct. 23. (Spe
cial.) The little steamship New Era, of
the Sechelt Steamship Company's fleet,
plying on the local coastal run, is hard
ashore on Canoe Reef, off Cowichan Gap,
and may prove a total loss.
The vessel's engines broke down while
en route to the Gap and she drifted
ashore on the rocks, where she was
badly pounded by high seas sll last night.
A tug haa been sent from Vancouver to
Chrysanthemum Show Postponed.
ALBANY. Or., Oct. 23. (Special.) The
annual Albany Chrysanthemum Fair,
which was to have been held next week
In connection with the third annual Al
bany Apple "Fair, has been postponed
until November 10 and 11. This action
was made necessary because chrysanthe
mums are late in blooming this Fall. The
programme for the fair and list of awards
will remain the same.
BACK TO NATURE.
Nature supplies a remedy for most
diseases, and when sucb a remedy Is
found it should be used. Oregon Herbs
(s tea) Is a 'combination of herbs pre
scribed by nature for kidney and blad
der diseases, and should be used as
nature Intended her medicines to be
used, namely as a tea. No alcohol to
irritate, no pills to dissolve and punish
the system. Just a good old-fashioned
tea, easily prepared and easily taken.
All dealers should have It. Price SOc
LEGALLY HE IS EJECTE6
After Various Court Proceedings,
Henry Zastrow Is Still In House
From Which He Has Several
Times Been Put Out.
ALBANY. Or., Oct 23. (Special.)
Displaying unparalleled tenacity of
purpose, Mr. and Mrs. Henry Zastrow,
of Lebanon, have 'disregarded court
orders, deputy sheriffs, padlocks and
log chains and have moved back into a
house from which they were recently
evicted by Sheriff Smith under orders
of the State Circuit Court. For three
years the Zastrows fought for this
property through the courts, contesting
every step bitterly, and now, unsuc
cessful In their legal battle, they have
refused to abide by the law, and, thus
far, repelling all invaders, are living in
the house In which, the court says, they
have no right to stay.
The case forms one of the most pecu
liar strings of litigation which has ever
gone through the local courts. Accord
ing to the facts which developed In
the case, Zastrow made -a verbal agree-'
ment with Mrs. Dulsena J. Usher in
March, 1806, to buy 20 acres Just east
of Lebanon. In pursuance of this
agreement he moved into the house on
Before Zastrow secured the money to
pay for the property and tendered the
purchase price to Mrs. Usher, she had
received a higher offer for the prop
erty from H. Q. Flelschhauer, repre
senting the Willamette Valley. Com
pany, and sold the property to him,
claiming that she had no definite
agreement with Zastrow. She ordered
Zastrow off the, place, but he refused
to go, and after notifying him time and
again to leave, Flelschhauer filed an
action for ejectment In the State Cir
cuit Court here on August 25, 1906;
Case Hotly Contested.
Zastrow contested this case through
all preliminary steps and then filed a
sutt In equity, 'sssertlng that he had
an equitable If not a legal right to the
property. The contest over the proper
ty was then fought out in this equity
case. Ignorant of the law and oourt
practice and very determined In his
opinions, Zastrow tried to manage his
own case In such a way that two dif
ferent attorneys who represented him
withdrew from the case and would
have nothing to do with It. Zastrow
announced In open court at one time
that he would try the case himself, but
when It actually came to trial he se
cured one of his former attorneys and
had the benefit of a fair trial.
As there was no evidence to show a
contract between Zastrow and Mrs.
Usher, there being only a verbal agree
ment regarding which the parties tes
tified differently. Judge Galloway dis
missed the equity case. Judge Burnett
then granted Flelschhauer a Judgment
In ids action for ejectment.
By virtue of this Judgment, which
was rendered July 1, 1909, the Wil
lamette Valley Company notified Zas
trow to leave the premises, but he did
not do so. Accordingly an execution
was secured from the County Clerk's
office here on September 18, and Sheriff
Smith and Deputy Sheriff Munkers
went to Lebanon on September 80 and
evicted Zastrow from the place. In
spite of continual protests from Mrs.
Zastrow they moved all the furniture
out of the house Into a county road
and locked the doors. Joseph J. Smith
was appointed to represent the Sheriff
Log Chain Proves No Bar.
Fearing the Zastrows would try to
re-enter the premises the officers
barred the windows and, cutting holes
in the walls, - ran a log .chain com
pletely around both sides of the door
and locked It with a padlock.
Local officers of the Willamette Val
ley Company today received word from
Lebanon that Zastrow had broken
down the front door and had moved
his furniture into the house over the
locked log chain, swinging in the
smashed-ln door, and was again oc
cupying the residence. This was not
altogether unexpected, for since their
ejectment both Zastrow and his wife
have made trips to Albany, talking
over the case with court officers and
attorneys, and they seemed absolutely
unable to understand that they had
exhausted all their legal rights by
contesting the case In every possible
way through the courts, and that they
now had neither legal nor equitable
rights to the place.
So the matter now stands in a pecu
liar situation. The court records here,
with the Sheriff's return on the ex
ecution, show that Zastrow has been
evicted from the premises and is not
there. But according to reliable re
ports from Lebanon he is there. The
eviction didn't seem to "stick." Legally
Zastrow Is off the premises; actually
he is on. and how to make the legal
and actual conditions coincide is a
problem whioh Is bothering WHlamette
Valley Company officers and their at
torneys. As the Teoord shows that .Zastrow
was evicted and Flelschhauer put In
possession of the premises, the latter
is in legal possession and another ex
ecution cannot issue for Zastrow1! evic
tion. The company will probably have
to begin an action for trespass to get
Zastrow off the place, but whatever
legal step Is taken It is generally
predicted that Zastrow will not leave
the house without a fight.
JUROR TALKS; NEW TRIAL
Man Convicted of Holding Up Jewel
ry Store Gets Another Chance.
SALEM. Or., Oct. 23. (Special.) Be
cause one of the Jurors who tried A. B.
Smith for holding up a Jewelry store in
this city last Summer, is alleged to have
expressed anVplnlon of the, merits of the
case before the trial, the court may
grant a new trial. Smith was found
guilty a couple of days ago and Judge
George H. Burnett was to have pro
nounced sentence this morning, but this
step has been postponed until the affi
davits filed by defendant's attorneys
shall have been- considered.
Louis Arstell, who held up Grocer Mc
Donald on the Liberty road south of the
city, and was later captured by Sheriff
Mlnto and Deputy Esch in a grain field
near Independence after an exciting
chase, was given from one to ten years
In the penitentiary.
Court has been adjourned until Novem
ber 1. Monday, October 25, Judge Burnett
will open court at Albany. It is expected
that the case of the State vs. George
Meyers will come up at the adjourned
session beginning, on November 1. Fol
lowing the adjourned term in this city
the Judge will go to Tillamook to hold a
1 ill ''Wo
I 1 tT'Xi V. I 1 3ii5 . 'JB X W ,r
v . i. ii ii p i
CZi ft , L i
Knox Silks, Operas, Derbfs and
Henry Heath English Derbys and
Stetson Soft Felts and Derbys
Bristol Soft Felts and Derbys.
WELCOME TO BE NOISY
AXBAXY APPLE FAIR MANAGE
MENT HAS NOVEL YELL.
Cities of Willamette Valley Will Send
Big Delegation Thursday.
Friday Albany Day.
ALB ANT. Or., Oct. 23. (Special. )
"Albany appffes, Albany pie, apple dump
lings. Oh! my, my!" This was adopted
today as tl official yell of the Aibany
Appls Fair, to be held next week. This
will not too the only yell, however, and
this and others -will greet visitors to the
fair at inoomlng; trains. If the reception
committe can't make enough noise It
will have a delegation of students from
Albany College and the Albany High
School on hand to help out.
Thursday. October 28, will be "Willam
ette Valley day and the big day of the
fair. A big excursion will be run from
Salem on that day and otlwer valley cities
will also send delegations. At a meeting
of the Willamette Valley day committee
last evening definite plans for the recep
tion of the visitors were outlined.
The Salem excursion will be met at
the depot by a big crowd of local people
and the Albany band. When the train
comes in an informal reception will be
held right at the depot and Postmaster
J. S. Van Winkle has been chosen to de
liver the address of welcome to the'eity.
A parade will then be formed and the
visitors will march down-town, through
the business section of the city and then
up to the Alco Club gymnasium, where
the fair will be held. Incidentally the
visitors will walk on paved streets all
the way. something that could not have
been done a month ago.
D. O. Woodworth has been appointed
grand marshal of this parade and plans
to have a large delegation of horsemen
and 16 or JO decorated automobiles in
line. The committee last evening named
Mr Woodworth, Dr. M. H." Ellis and J.
J. Collins as a committee on parade
Rev. W. S. Gordon. C. H Sox, H. N.
Cockerllne and Rev. F. H. Geselbracht
were appointed by the general committee
as a special committee, on yslls and in
addition to the official yell they have
adopted they are preparing other yells
and songs for the occasion.
All arrangements for the fair are pro
gressing satisfactorily and a big ex
hibit Is assured. The fair will bo open
to visitors all day and each evening of
the three days the fair is In progress
a programme will be rendered. There
will be special features on Willamette
Valley day and on Friday, which will
be Albany day, and a home-coming for
all Albanians. A feature of the fair
will be a big football game on Thursday
between the Alco club of this city and
the Fort Stevens soldiers' team.
FIRST CASE DRAGS ALONG
Judge Wolverton Goes Fishing After
Court at Medfn
MEDFORD, Or., Oct. 23. (Special.)
The plaintiff in the case of George W.
Light vs. the Southern Pacific Com
pany, now being heard in the Federal
Court, which convened for the first time
Thursday in Medford. has not as yet
completed his case, although three days
have been consumed. Probably all of
next week will be used in this case.
Light lost a leg in 1904 and is suing
for $30,000 damages. - W. D. Fenton, of
Portland, is appearing- for the defend
ant, and Senator Horton, of Grants
Pass, for the defendant.
The Federal Court is attracting much
attention here, and each day finds the
room crowded with interested spec
tators. Only four cases are on, the
docket, three of them being damage
suits against the Southern Pacific.
Federal Judge Wolverton is proving
himself an adept with the rod and line,
and spends much of his leisure mo
ments in luring speckled beauties from
the waters of tne Rogue.
' Lebanon Plans to Boost.
LEBANON, Or., Oct. 23. (Special.)
Lebanon will hold the biggest booster
meeting In Its history next Friday
evening, October 29, in the local opera
house. The principal speaker will ba
Tom Richardson, of the Portland Com
mercial Club. The following committee
on general arrangements has been
named to prepare for the meeting:
Bert A. Millsap, chairman; M. A. Hlller.
J. L. Underwood, N. D. Keefhaver, a.
M. Garland, E. O. Alexander and N. M.
Newport. This oommittee has appoint
ed the following special committees:
Reception Seymour Washburn, N. M.
m i 1
jir,. ." j- ;i i. -
Soft Felts. .$5.00 to $10.00
Soft Felts. .$5.00
$4.00 to $15.00
Newport, S. P. Bach, S. M. Garland and
M. A. Miller. Music J. L. .Underwood,
Joseph Benner and Sigurd Landstrom.
Programme M. A. Miller, E. C. Alexan
der and N. M. Newport.
NEGRO PORTER TO BE TRIED
Prisoner Still Awaits Indictment by
THE DALLES, Or., Oct. 23. (Special.)
Judge Bradshaw will convene the No
vember term of Circuit Court In The
Dalles Monday, November 8.
The criminal docket will be short. Only
twe prisoners now m the County Jail
here are likely to be Indicted by the
grand Jury R. E. Brooks, the negro Pull
man car porter, who last Spring shot
two Illinois Central railroad officials at
Shaniko, and E. E. Wilson, charged with
larceny and Jail-breaking. The latter
and George Robblns, who was convicted
of killing Emallne Casto, his father's
housekeeper, at Hood River, and Is now
serving a lite sentence In state's prison
for second-degree murder, broke Jail on
the night of. August 21. after overpower
ing Jailer John Fitzgerald.
The civil docket will be heavy.
BRANT GUILTX SAYS JURY
Convicted In Second Degree for
Shooting Neighbor In Bock.
LEWISTON, Idaho, Oct. 23. (Special.)
Robert A. Brant was last night con
victed of murder In the second degree,
the Jury reaching a verdict about mid
night, after eight hours deliberation.
Brant is a rancher of the Potlatch sec
tion and was charged with the murder of
his neighbor, Henry Steffens.
The crime was most cowardly. Steffens
being engaged In the preparation of the
evening meal when he was shot through
the window. Suspicion pointed to Brant
and he was placed under arrest the fol
lowing day. Bloodhounds were used to
trace the assassin from the Steffen yard
to the Brant cabin.
TROLLEY KINGS ON TOUR
Bay State Managers Visiting Electrlo
Lines of Coast.
LOS ANGELES. Oct. 23 A party of
about 90 persons consisting of presidents,
general managers, engineers and other
representatives of the electric railroads of
Massachusetts, and their wives, arrived
here tonight In a pedal train over the
Southern Pacific The street railway
men are making an extended tour of the
United States after having attended the
annual convention of the American Street
and Interurban Railroad Association In
Monday night the party will leave for
the North. -
KING SEEKS CANAL ROUTE
Portland Man Interested In Glen
wood Irrigation Project.
OLTMPIA. Wash., Oct 23. (Special.)
William R. King, of Portland, today filed
with the State Land Office an application
for a right of way for an irrigation and
power ditch across state lands In section
23, township 7, ranee 13 east, which is in
Yakima County, about 18 miles northerly
from Glenwood, Klickitat County.
Albany Itealty Men Dine.
ALBANY. Or., Oct. 23. (Special.) All
of the real estate dealers of Albany met
tonight in a "get-together" banquet in
the St. Charles Hotel, and discussed a
splendid menu and the real estate busi
ness'of this city at the same time. Wal
lace R. Struble, manager of the Albany
Commercial Club, presided as toast
master, and responses to toasts were
made as follows: "A Look Backward,"
C. G. Burkhart; "A Look Forward,"
W. E. Pears; "Dirt," J. A. Howard;
"Greater Albany," J. J. Collins; "IJnn
County: An Orchard," C. W. Febault;
"A Forward Movement," G. R- King.
Pastor Seeks Coin, Let Out.
SEATTLE, vash., Oct. 23. Rev. D.
O. Bean, who came here from Minneap-
oils last year, has been removed from
the pastorate of the Woodland Park
Presbyterian Church because he de
voted part of his time to selling real
estate and raising poultry, and also be
cause he declined to show his letters
of transfer from the Minneapolis pres
bytery. Mr. Bean will now beoeme' a
real estate " '
3 Well dressed men and young men are putting these pop
ular garments to many uses. They, of course, have a heap
of practical features to recommend their use for nearly any
occasion, and we know of numerous instances where men
have worn them during the entire Winter.
J A-Raincoat to bo shower-proof must necessarily be per
fectly tailored; at the same time, to be attractive enough to
wear, when the weather is fair, a coat must be made on
stylish lines strictly in keeping with the fashion.
I One style is quite conservative; the other has a tourist
J Numerous patterns to select from.
PRICES RANGE FROM
WE INVITE YOU TO STEP IN AND TRY ONE ON
311 Morrison, Opposite Postoff ice
IN SHOT FOR SKUNK
PARTNER SHOOTS AT MOVING
OBJECT IN DARKNESS.
Body Filled With 84 Buckshot and
Doctors Give No Hope of
OOQUILLE. Or.. Oct. 23. (Special.)
Mistaken in the darkness for a skunk,
and fired upon by a comrade Harvey
Terrill, of this city, lies at the" point of
death tonight. Terrill and two others,
fishing partners, at their camp on the
lower river last night had a mishap
which may cost Terrill his life. Skunks
had been stealing fish and otherwise dep
redating the camp, and a Bhotgun loaded
with buckshot was kept handy.
Terrill had left camp on an errand,
when the camp dog was aroused and ran
barking through the brush. Tobin, one
of the partners, with the gun, followed
the dog and, seeing what he supposed
was a skunk over a log. fired. The shot
was followed by a scream of agony, and
he ran to the spot to find Terrill writh
ing on the ground.
The injured man was hurried to Ban
don and it was found that he was shot
through both forearms and the calf of
one leg. Eighty-four buckshot were
taken from the wound by the physicians.
He was brought to his home here today,
and now lies in an unconscious condition
with no hope of his recovery-
NONUNION MEN RUN MILL
Wilcox Sningle Plant Opens With No
Violence at Aberdeen.
ABERDEEN, Wash., Oct. 23. (Spe
cial.) With a force of non-union weav
ers, the Wilcox Shingle Mill, in South
Aberdeen, started yesterday, and is run
ning without trouble today. In order
to take proper precautions, police were
sent to the plant, but nothing occurred
out of the ordinary. It is said before
the plant resumed, several union shin
gle weavers appeared near the mill and
signified their intention of remaining
and using all' their power of persuasion
to induce the non-union weavers to
quit their Jobs, although they did not
attempt to enter the mill.
The Wilcox mill is equipped with a
ten-block machine, and will not change
for the present to the upright ma
chines adopted by the Shingle Associa
tion oi Chehalls County.
MEDFORD TO HAVE CARLINE
Franchise Will Be Asked of City
Council This Week.
MEDFORD. Or., Oct. 2.1. (Special.)
John R. Allen, of New York, owner of
the Paolfio & Eastern Railroad, will
apply at the next meeting of the Med
ford City Council for an electric rail
way franchise in this city.
He will also apply in Grants Pass
and Ashland and intermediate points,
and proposes to build electric lines con
necting all points In the Rogue River
Mr. Allen has formed a syndicate,
known as the Southern Oregon Rail
ways Company, capitalized at $1,500,000.
He says work is to begin as soon as
the franchises are obtained.
Carter Held on Scrous Charge.
OREGON CITY, Or., Oct. 23. (Spe
cial.) W. G. Carter is in the County
Jail charged with contributing to the
delinquency of a minor. He was ar
rested last night by Night Officer Shaw
and Constable Miles and a formal com'
plaint was made against him today
by Deputy District Attorney Stipp. Car
ter was arrested upon complaint of
Fritz Grfessen, proprietor of the Wil
lamette Hotel, and the girl in the case,
aged 14. years, was a nurse girl In
Tide Expected to Float Lilly. .
MARSHFH3LD, Or., Oct. 23. (Spe-
0jal.) it is reported that the schooner
Lilly, which went on the beach at the
mouth of the Umpqua River, will likely
be saved. Her rudder Is lost, but it is
thought that she will not be otherwise
damaged and will be carried by the tide
over the spit Into the river.
Burglary Charge Likely.
OREGON CITY, Or., Oct. 23. (Spe
cial.) Jack Reynolds and James Mc-
Claren, who were arrested yesterday
afternoon at Mllwaukie after being the
victims of a hot chase by practically
the entire male population of the town,
will probably be given a hearing next
Monday. It Is likely that a charge
of burglary will be made against them.
CATHOLICS TO LAY STONE
St. Joseph's Hospital at Vancouver
Will Cost $125,000.
VANCOUVER. Wash., Oct. 23. (Spe
cial.) Laying of the cornerstone of
the new J125.000 St. Joseph's Hospital,
a Catholio institution, being built at
the corner of Thirteenth and Reserve
streets, will be celebrated at 3 o'clock,
Sunday, November 7.
. The ceremonies will be In charge of
Bishop O'Dea, of Seattle, and appro
priate exercises will be held. Judge
McCredie, who It is expected will be
elected Congressman from the S'econd
Congressional District, en November 2.
has accepted an Invitation to deliver
An elcht-track wlnr brldics across the
main channel of the Chicago drainage canal,
near Tlilrty-nrst street, will ba operated
The Latter Usually Caused by the
Former, Which, in Turn, Has Its
Origin in Intestinal Indigestion.
Chronic constipation is a disease
which is about as prevalent as dyspep
sia and indigestion. Nearly every one
suffers from it occasionally, but there
are millions of people who endure it
habitually, and who are accustomed
to resort to the use of laxatives and
Many people seemed to have devel
oped a perfect mania for taking pills,
and Instead of trying to ascertain the
latent cause of the disease, and remov
ing It by appropriate treatment, they
are content to continue the reckless
use of laxatives, aperients, drastic
cathartics and violent purgatives, until
finally inflammation of the bowels oc
curs, which reaches the appendix, and
the result is appendicitis.
In investigating and tracing the
causutlve factors of constipation and
its frequent sequel, appendicitis, it has
been noted by physicians that the ma
jority of cases were preceded and ac
companied by a long-standing gastro
The Idea that appendicitis is brought
on by foreign bodies, such as seeds,
etc, becoming lodged In the appendix,
is an exploded theory. It is now defi
nitely known that constipation Is the
most prolific cause of this dread dis-
ease, while the constipation itself is j
previously Induced by Intestinal tndf-
gestlon, or amylaceous dyspepsia the
inability to digest starches so the re- j
lation between cause and effect la
readily seen and appreciated.
The absurdity of attempting to cure
constipation by the use of physio
should be apparent to every one. Lax
ative drugs and powerful purgatives
will never cure a disease of this sort, ;
and those who make frequent or regu
lar use of them will, sooner or later,
set up an inflammatory condition ' of
the Intestinal system.
. A person with first-class digestion
will never be annoyed with chronic
constipation, and when this trouble
does exist, instead of slugging the
system with pills, liquid laxatives,
candy cathartics, etc., use a remedy
which will cure the gastro-lntestinal
indigestion, and you will find that the
constipation no longer bothers you.
and with its removal, the risk of de
veloping appendicitis will be reduced
to the minimum.
STUART'S DYSPEPSIA TABLETS
have been the means of curing numer
ous cases of constipation, by first cur
ing the intestinal Indigestion. They
digest every kind of food, a single
grain being capable of digesting 3000
grains of alimentum, and In addition
to pepsin and other powerful diges
tives, they also contain diastase, which
converts starch into sugar, and readily
euros amylaceous dyspepsia and Intes
If you are suffering from dyspepsia,
constipation, and, in fact, indigestion
of any kind, don't run the risk of get
ting appendicitis, but strike at the
root of the trouble the original cause
by using Stuart's Dyspepsia Tablets,
which will quickly rid you of all
functional disorders of the alimentary
Secure a box of this digestive reme
dy from your druggist for SOc and send
your name and address to the F. A
Stuart Co., 150 Stuart Bldg., Marshall,
Mich., for a free sample package.