The Sunday Oregonian. (Portland, Ore.) 1881-current, May 07, 1911, Page 14, Image 14

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INDICTMENT
MAT
BE
DROPPED
Deputy District Attorney Prac
tically Admits Failure 'to
Get Evidence.
SICHEl DENIES CHARGES
Police Commissioner Admits One of
Hie Emplojes Did Sell Cigars
to Woman bat Deal Wm
Insignificant.
Well-define disposition exists In the
office of the District Attorney to dis
miss Its Indictment azalast Chief of
Poll? Cox. following; an implied ad
mission of Dsuty Collier, that a weslc
of lnesUaUon had failed to produce
evidence upon which a conviction may
be expected. The prosecutor Is not
wtlltnc to openly admit this, but has
made It plain that his researches have
been rather barren of result
A question remains whether such dis
position of the case would be accept
1 abra to the accused, who has taken the
I stand that he expects and will be
I satisfied with nothing; but a rlndlca
tlon. His attorneys will not make a
technical flht. but might be disposed
: to accept a dismissal If it carried with
; It a satisfactory exoneration.
Collier denounces aa anaulhor!zd a
' statement, purporting; to be his lan-t-uage.
which was published yesterday
'. and repeated that while he had listened
: to moth hearsay retlectlng; on the po
lice ha hsd not uncovered any indica
tions of crafting.
Women Make Outcry.
Fame of the witnesses upon whom
the state expected to rely have not
been acting; In a satisfactory manner.
This was to be seen In the District
Attorney s office yesterday, when wo
men, closeted with Collier and Detec
tive Maner. were heard to cry out. I
did not say t2iat. no, I'm not coins;
back on what I said." and other ex
pressions of Ilk Import.
Kvory office room In the District At
torney's suit was occupied yesterday
by women waiting; to be questioned.
Krin Judg-e Cameron was evicted and
went to the baseball came to be out
of the way. Tbe witnesses were keep
ers of lodc'nc-houses. alleged to be
places wher vice la practiced.
Promts baa been made to Collier
that on Monday he will be put In pos
session of two receipts for money paid
for clirars said to have been sold by
tile Elchei. Police Commissioner, to a
woman of the underworld. In tbe ad
vance notices of this "exposure It was
promised that the receipts would show
that the prices paid were about double
tb ordinary oneav
Slchcl Denies tVhole Story.
Commissioner Eichel met the Issue
eiuarely. when asked about the matter,
lie admits that a sale was made by
one of hie employes to the woman men
tioned, about a year aco. but asserts
that the prices paid were the recular
ones and that the amount of tbe deal
was very small. lie says the transao
ttoa was made without hi knowledjr
- or approval and contrary to his prao
tlce, and further that he has refused
this class of trad whenever he knew
the character of the prospective pat
rons. He attributes the circulation of
the story to the animus of a political
adversary.
A number of police officers win To
Interrogated by Collier tomorrev.
Tuesday the May grand Jury will as
semble and Is expected to take up a
continuation of the researches made la
th underworld by Its predecessor.
COUGAR BURIES HEN ALIVE
Prey Rescued by Parmer, VTbo Seta
Trap.
VANOOtrVER, Wash, May C (Spe
cial.) An old white hen was found
burled alive yesterday by Frank A.
Williams, who was repalrlnc a fence on
the Coffin farm near Orchards yester
day. Beneath the bottom rail a hole had
beea due his; enough to admit a full
crows chicken. As Mr. Williams
reached down for the rail he saw a
chicken's head sticking eut ef the bole.
The fowl had ben covered with dirt
and tracks that were visible Indicated
that the work was done by a cougar.
The ken waa not Injured.
Mr. Williams set a trap for tne ani
mal today. The trap was placed at
tbe hole where the hen was cached
and If the cougar returns for his prey
he will have a new experience.
COL MARSH SENT HERE
Portland Designated as Station of
Defense Officer.
OLGA NETHERSOLE COMES
IN FRENCH REPERTOIRE
F among English Actress Gains Much Experience of Modern Parisian
Authors, and Begins Portland Engagement With Maeterlinck Playlet.
VAX COWER BARRACKS. Wash,
May - IS pedal. In oompllano with
Instructions from the Secretary of War
Portland has been, designated aa the
station of Colonel Frederick Marsh.
Coast Artillery Corps. Coast Defense
Officer. Department of the Colombia.
Major Daniel J. Carr. Signal Cvrpa,
has reported to th headquarters of the
Departmant of the Columbia. He has
been announced as chief airnal officer.
Department ef tb Columbia, and as
officer in charge cf the Washington
Alaska cable and telegraph system, re
lieving Colonel Richard R. Thompson.
Pignai Corps, of these duties, lie will
be stationed In Seattle.
PIONEER HAS BIRTHDAY
Family of Vancouver Resident Cele
brates III Reaching- 80.
VANCOUVER. Wash.. May . (Spe
cial.) The SOth birthday of H. II
' Ortd'.ey. who has beea a resident of
Vancouver more than 40 years, was
celebrated today at his horn. Eleventh
and Esther streets, by a family re
union, all being present at th blc din
ner aerved.
Mr. Orldley arrived la Vancouver la
1171. when the population waa about
00. and he has lived her ever since.
He rode the first rubber-tired bicycle
brought to Vancouver and now runs aa
automobile. He la active In tb First
Methodist Church, and has been Justice
of th Peso and member of the Council.
PIANOS LOANED FREE.
a Etlers Muslo Hons announce
ment, page 11. section 1. of this Issue.
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MIS9 OLGA SCTIIEJVSOLE.
WHILE Olga Nethersole was play
ing In "Diplomacy" at the Derrick
Theater In 'London. King Edward
then Prince of Wales asked 81r John
Hare to present her to him. "I observe,"
he remarked with that peculiar German
accent that was so noticeable In bis
specchj "that you have studied la the
Paris Conservatory."
Th actress assured him that she had
nerer studied at any conservatory; that
she waa an English actress. She had
gained her entire experience In English
threaters. "You set like a French
woman." added the Prince, "and I mean
that as a compliment."
Since then Miss Nethersole has acted
in Paris and In roles in wnicn Baraa
Bernhardt had made her own, and the
verdict was a triumph for the English
actress. It was Miss Nethersole's ad
miration for the modern school of
French dramatlrts that led ber to choose
for her repertoire this season plays by
such distinguished authors aa Maurice
Maeterlinck. Paul Hervleu and Henri
Bernstein.
She will begin her engagement here on
Thursday evening with a double bill con
sisting of "Sister Beatrice," a miracle
play by Maeterlinck, and "The Enigma."
by. Hervleu, who is one of the "Forty
Immortals" that constitute the French
Academy. Miss Nethersole will give one
performance of "The Redemption of
Evelyn Vaudray" on Friday evening, and
this play is said to show the famous
author of "The Thief at his best.
SOU
IS
ID GATED
Court Does Not Uphold Moth
er's Charge of Fraud.
PROPERTY TO BE DIVIDED
Mrs.. Cartwrlght to Enjoy Life Es
tate; Then James Peter and
William Moffett "Will Share
Principal Equally.
James Peter Moffett was vindicated
by a decision f Judge Oaten yester
day morning of the charge mad
against him by his mother, Mrs. Char
lott Moffett-Cartwrlght. of obtaining
from hr by misrepresentation and
fraud title to nr property valued at
approximately (400.000. Judge Gatans
aald that th vtdno showed that Mrs.
Cartwrlght knsw what th deed In
volved when she signed 1U but owing
to th generous offer ef her son. the
defendant, to have th title vested
equally In his brother. William Mof
fett. and himself, ths court decreed
that Mrs. Cartwricht should enjoy a
life estate In tbe property and that It
should be divided equally between her
two sons after she dies.
Involved In the suit was a lease of
the property on which Mrs. Cartwricht
has her home, at Seventh and Salmon
streets, to C K. Henry, for years.
The court declared the lease to be
valid.
Court Blames Failing Memory.
Mra Certwrtrhf complaint charged
her son with having taken her a docu
ment, purporticc to be In connection
with her will, and said that under this
Impression she had signed It. Fh de
clared the document thus signed was a
warranty deed, conveylnc all her prop
erty to ber son. and leaving her other
eon, William Moffett. wholly out ef any
right or share to lt
Mra. Cartwricht Is years old. Her
son James married In 18S5. but her
other eon, whe has always suffered
frrm the effects of an early In5ury. has
lived all his Ufe.at home, though he
Is now 40 years old.
In (reviewing the evidence yesterday.
Judge Oatens found that the deed over
which the contest waa developed was
s warranty deed of her property to
James, giving her a life eBtate In It,
and providing that James should keep
title to It after her death, but should
provide for his brother an income of
ITS a month. On the witness stand
Mra Cartwrlght admitted that what
she really wanted was to have the use
of her property during lite, and to have
her two sons divide it equally between
them after aha died.
Settlement Is Blocked.
Attorneys John F. Logan and A, B.
Clark, representing James Moffett. then
asked the court on behalf of their
client to step the oase and give a Judg
ment according to this desire of Mra
Cartwrlght. but her attorney, Martin
Li. Pipes, refused to consent to suck
an arrangement. William Moffett also
expressed himself as favoring this plan
of settlement and it is probable that
th cas would have ended at that tim
had not th attorneys for Mra Cart
wright objected.
Th deed Involved In the suit was
signed In the presence of Councilman
Watkins. as notary, and he testified
that Mrs. Cartwrlght was told by him
the full meaning of the document and
that she seemed at th time to under
stand It
James Moffett In his own defense
said that his effort to get his mother
to sign the deed was prompted by un
due Influence being exerted upon her
by various organisations to get posses
sion of her property. The deed would
give James Moffett no right- to th
property during tb life of his mother.
After tne decision James Moffett ex
pressed the hop that th breach be
tween himself and mother would be
healed.
FOUR-FIFTHS ARE REQUIRED
Court Interpret Charter Conflict
as to Street Protests.
In Interpreting an ambiguous section
of the city charter. Judge JBantenbetn
yesterday morning decided that the law
requires that a remonstrance to a
street Improvement to be effective
must contain the names of the owners
of a r least four-fifths of the property
to be Assessed for the Improvement.
Th ruling of th court was on a
demurrer to tbe complaint of the Ore
gon Real Estate Company, In which It
waa asserted that several streets la
Holladay Addition could not be Im
proved owing to the faot that remon
strances signed by owners or two-
thirds of the property Involved bad
been submitted. The demurrer con-
(5
IS
. J
D
- ' 4
25 Corns Removed
Every Minute
Five million corns every year 25
every minute are be in 2 removed by Blue-jay.
Nobody who knows them uses anything else.
A Blue-jay plaster ends the pain Instantly. Then the
bit o! B Sk B wax gently loosens the corn. In two days
rou lift It out. No pain, no soreness, no inconvenience. .
The plaster Is applied la a moment. It Is so snug and
so comfortable that yon simply forget It.. One is fool
ish indeed to suffer from corns whan there is such aa
easy way to get rid of them.
See the Picture
w the kmke Hill was
euoa I
U anfi felt to ri "I" I tb form
iMiMtMtulnaaMfMuif.
C t th eemfartjibl na
eatca ioMUua tae m
S I robber sdhealTe. It fastens
Blue-jay Corn Plasters
At Ail Druggists 15c and 25c per Package
- Sample Mailed Free. Also Blue-jay Bunion Plasters.
Black, CUcaco V New York. Makers of Sursical Dreeiaca.ta.
Land
Thai Produces $1000 Per Acre
IN A SEASON
THAT sort of land is no imcornmon tning in Oregon.' TRACTS ' '
"rTnndr-eds of fruitgrowers and gardeners are independent on TEN-ALKhi iKAito.
Sd the landsttiiein, in most instances, only a few doUars per acre: They got in early, cleared off
the stumns and went into league with good soil and the magical Western Oregon climate,
the Po CHANCES TO GET GOOD LAND" CHEAP
VFS and here is achance to go these fortunates one better. .
Fo" lu method of blasthlff 811(1 gming-expeiiBivc.
BtrenNo0wthe NEW SYSTEM of land-clearing does away with . all that. Clearing land gggJ8
playthanks to the newly perfected "charpitting" system which means a new ERA of DEVELOPMEM.
WE HAVE PERFECTED CHARPITTING.
In BEAVER HOMES at
J? a-jLl JLi ticxd k i il
-Anrl are in a tosition to give you a tract of the FINEST QUALITY of FRUIT and GARDEN
LAOT at u to SsWar less percrethan it has in the past cost to clear fertile stump lands
You owe this OPPORTUNITY to charpitting, of which we are making the most successful use.
OUR LAND:
Is at Redland, Or., near Qoble on the Columbia River.
Soil ranges from prolific beaverdam in the bottoms to rich,
red-shot, iron-oxidized fruit land on the gentle slope.
Orchard slopes are to west and south, protected from north
and east winds. . 1
Depth of soil from 5 to 20 feet.
Water on every tract live streams and springs enough
for irrigation and all uses.
Especially adapted to growing apples, pears, cherries and
vegetables
tw. aTA will nrodtiee aa much hieh-ffrade fruit and vege
tables, by your labor, aany land anywhere.
An hour's ride from Portland.
Water and rail competition makes freight rates very low.
You can move your products to market for exactly same
price as from Linnton, in the suburbs of Portland.
Good school runs full season.
Good roads throughout district. .
There is no district in the Northwest that has a brighter
FUTURE. The worker can't fail.
In buying from us you buy first hand from the owner, and
you buy cheap.
nrro. roE?tfTXO PRICES: 25. $30. $35. $3750, $40 and up to $80 per acre. Make Tour Own Terms.
' etrmalSe"guLr rouS SpTonXt Saturdays and Sunday, Carriage to tate you in cohort
over whole tract. '
'. ' Come in today and talk it oyer with us.
F.
HOLBROOK CO
214 Lumber
o Exchange Bldg.
tended that the city charter demanded
that a successful remonstrance should
be sig-ned by the owners of at least
lour-flfths of the property Involved.
The court took this raw.
Until 107 the present city charter
provided. In sections S77 and 387. that
s remonstranoe to a street Improve
ment to be effective must have on it
the names of the owners of two-thirds
of the Interested property owners. In
that year an amendment was placed
on the ballot providing that section 377
be chang-ed to read tn mis regrard.
four-fifths" Instead of "two-thirds.'
The failure to have section 873 con
form to this change caused the Oreson
Real Estate Company to endeavor to
enforce the two-thirds provision In
rerard to the streets in which the com
pany was Interested.
The court held that the people voted
to amend the entire charter Instead of
just the section referred to, and that
tbe wording of section 377 should have
legal preference over the section which
had not been amended.
Courthouse Notes.
Mildred Donaldson sued Bert Donald
son for divorce yesterday on grounds
of cruelty. . They were married in
Salem, October 4, 1910.
There were B0 divorces and 24 mar
riages In Multnomah,. County during the
month of April, according . to the
monthly report issued yesterday by
County Cleric Fields.
The new oounty grand jury wlU be
calledUpgether and Instructed by Pre
siding Judge Oantenbeln Tuesday
morning at :S0 o'clock. There are
about 10 cases to come before the jury,
all being of minor Importance.
Failure to support herself and child
Is the principal form of cruelty
charged against Fred W. Clark by
Grace Clark in her divorce suit filed
yesterday. They were married In
North Yakima, Wash., January 23. 1909.
Mra Alice Sprague filed suit yester
day against the Fortland Railway,
Light & Power Company for $20,180 for
Injuries she says she sustained In fall
ing from the steps of a car at Killings
worth and Union avenues, August 29,
1910.
Charles T. King, Indicted for larceny
by nbnnlwnnt pleaded not guilty Frl-
day before Judge Gantenbeln, and hie
trial was set for June 27. He Is accused
of getting J2600 belonging; to James B.
King.
A petition, signed by 10 per cent of the
voters of the 128th precinct, involving
Kenton, asking that the question of
making wet the precinct, which Is now
dry, be placed on the official ballot, was
filed with the County Clerk yesterday.
Judge Gatens will decide today the
case recently tried before him, brought
by Mrs. Charlotte Morrett-Cartwright, to
have set aside a deed to her son, James
Moffett, of all her property, amounting
to about 3400,000, on the ground that it
was obtained through misrepresentation.
J. p. Webb, who was sentenced to be
banged on December IS of last year
and escaped the penalty temporarily
because he was needed as a witness In
the trial of Carrie Keren, escaped be
ing resentenced yesterday by the dis
oovery that a certificate for probable
cause for appeal of his case had been
signed by the court several months
ago, though forgotten. His attorney
will determine before Monday after--noon
at 5 o'clock If a new sentence will
aid him In his fight for life, and If
so the court will set a date at that
time for a new sentence to be pronounced.
INSTANT
RELIEF DEAF
ACCEPT OUR OFFER TODAY
The Electrophone in
ue almost Invisible
tag and leaves both
bard of hearing, d
not fall to call o
writs today and got
our Electrophone on
30 Days
It Is a tiny but pow
erful electrical hear
ing device, a truly
wonderful little In
strument, perfected
to such a degree tliat
many deaf people
can now hear the
faintest sound and
enjoy all pleasures
of church. publla
speaking; or ordinary
conversa tlon. It
Tnapnlfies sound,
BjTaduoJly restorntl
the natural bearing,
carried In the cloth
hands free.
STOLZ ELECTROPHONE CO.
tZ9 Lumberman s Bldc Portland, Or.
Holladay. j Little Farms
' 1 'Ktk-:
. :. .: 1-.-.: - - . . - - - - - " ilw. 1,-1 .Fas.,
V Va.
7 ."fwa.
Holladay Little Farms Comfort and Security $150 to $200 an Acre
Deep, rich soil, rolling gently.
All cleared and in cultivation.
Same soil and adjoining to the
famous Prince Walnut and
Lownsdale Apple Orchards.
Two railways, electric line
coming and river transporta
tion.
' No panics, strikes, walkouts,
lockouts or boycotts can harm
you if you own one of these
beautiful little tracts. You are
sure of a good living a com
petence and you are your
own boss. "Within your reach,
too. '
Go wen-Idle Trust, Co,
And good terms. No other
good land so near Portland, is
so cheap. Adjacent orchards
worth ten times our price, and
this is same location and soil.
Let us tell you more. Thi3 is a
real opportunity don't let it
escape you.
Ground Floor Lumber
men's Building, Fifth and
. Stark Streets