Pages 1 to 16 ! i y . v t v v .v. t - v s : . ... - niitn.wn. nitKf.nx. SUNDAY MORXIXG. XOVE3IIIEK 5. 1911. I'KICE FIVE CENTS. VOL. XXX ' ' : : V N V TERRIBLE REVENGE by iurks is fee Italians in Tripoli Are Losing Ground. PROSPECT HORRIFIES EUROPE Holy War Proclaimed; Bedou ins and Arabs Join. OASIS IS MADE DESOLATE (holrra Ka(rn Anion Soldier and PrtipTr. Agsratalrd bjr Pre-M-nce of llodlr of Mnrdereil Onw. I.illrrlnc llir Desert. LONDON. N"v. . (Special.) Dl-pate!- from Malta y that It l re ported that the Turk and Arab hava atta-tt-d and re-entered . Trlrtl. In f'.lcllna; tremendou Irsa upon tha Ital tana. irhn for everal dafa have hern confined to the Inner fortification, wtikrnrd and disheartened by disease and tea fearful m.ni-h arlsins; from thntiaands of i:nburte rori.l. It la reported bv wlreles direct from Trfr.ll that the ihreM.-nrn' attack of th Turk an I Aiabi on that plat 1 Vk1y 1 1 oi-rur at any Moment and that t ie Italians, who hold only tha Inner f '-'. wltiln i:.a cliy Itself, no loacer rr eooiiiirnt of tha reaull of an al I j k by Ihelr foea. who are In poese eton of the outer t-trcie of fortreaaea. OreranH Briasx ftataxtdera. Europe ahiMilara at the thought of what may occur at Tripoli If the TurUa !iould reconquer tha city and vomaill tir.a the Italian tha atrocltie irhl.'h the Italian ara proved to have com mitted uix.n the Turka and Arab. Tha earlier reorta of the criieitle of the It,. lues loaard Caslr North Afriran fi e are confirmed today by th arrival h.ra and at Herlln. Party. Vienna and Frar.aft.rl uf a.!.!! tlonat uni'rnaored de layed dl.pati hta rum English. German and French corrci-nilnla at t! frwnt. A hot ir haa been au-ceaf ully 'proclaimed. lte,louln (rem i-ifvpt and Aral from Soudan are Joining tha Trtr-ol tana. Only an aitvant-e guard of Ut0 Aral I att.irLlit tie Italian, despite tha atatementa Iti the Italian papra that tha enemy'a lusse run no the thousands. Treea la Oasla Tat Dana. The Itallana ara rutting all the treea In the oaata 10 aa not to afford abet ter to t enemy. Thua !: Invaders are rrductr the acarfiy oaais In a deaert. Ir.et,-ad of reclaiming the deaert aa tjey proTraacd they Would dj when fVey occupied Tripoli. Lou'i! exiloalon every day Indicate the Mostlna: up of l'ouri outaMe tna walla wherein the cneniy might take cover. Meanwhile cholera la raglns; among the troop and the people. Tha d: . puaa haa attacked the .ras for the flrat time. Whole a:?ecta ara closed to traffic by the troop on account of cholera. Twenty-aerea aubliera died from cholera yeaienlay. llundreOa ara l. k. Thirty-three civilian are dead. The aoldicra refuse to bury tha mur dered A rib who litter the oadl. Our-1-jC lo Ilia alen . tha Ara ha alao re fuae. utt at tha bayonet- point. Con a.'siuently. the contagioa la threading faat. Itallaaa laareal Leuea. Tha Itillan battle luaaca of 1500 In clude dead and Soo wounded left on a hospital ahlp a fw day ago. At tempts have been made to conceal tbeae fltfurea. Publication of dipatcha connrmlna; early at.vrlea of atrocltlea haa arouaed a cry from Ih Brltlaii public and the Liberal newapaper ara cenauring the government for having rcfjaed to let Ih aubject ba d:acuaaed la 1'arliament. Mora than Jooo Inatances of Italian trvcltlea are reptrted by the cor respondent of the Krankfurter Zeltung. who aaya that priaonera of war are being butchered by the hundreda by Iba Italians wttnout even a pretense of court-martial. I'ndcr data of Tuea day. he write: ln retaliation a wild manhunt wa begun by the Italian Iroopa. They even were ordered to fire on women and children. Thua far several thousand native hav been ahot down or-exe-cuted. Hundreds of Arab corpsea and carvaase of animals are lying about in the oasis" EATIN ATltOl ITIES DEsi HlflKD Italians tinllty uf I'nnarrantcd MauRlitcr. Sajs t'tirrrpuntlrul. 1jSIHS. Nov. "Ananlaa In his palmiest daya never' wrote half a many , falsehoods and misrepresenta tions as hae appeared in te Italian 1 pros and In the ofrtclal state-nenta Issued by tha Italian government," telegrapa the correspondent of Ren ter Telegram Company. Ltd.. at Trtjo". who arrived at Malta today. r'rooi Malta he was able to send an unsigned message whlc-h contains peseVnlstlc description of tba situation , terms the beat.-ged city of Tripoli. II svy: "To aurn up tha results of tha cam paign: "Tha Iialiaoa hold, with nearly tsrlr. aa many men half the grcund Coteiuled ea fas - ' . f . . - I STOLEN ART GEMS HELD FOR BOARD UOMAX'S PAWNSHOP PVKCIIASE I ' I REVEALS Ml?tl. i-wwi. Pin Bour.li! Was Giirn lo Girl bj Thief and Father Keeps Admirer's Grip Heirlooms Valnable. After lying In tha storage room of hotel urety for a board bill, serving aa the means of raising money In pawn shop, and being seised aa pay ment for debt, old mosaics and medal lions, pins and cuff link, presented to tho Art Mueum by prominent Portland resident, and stolen tha night of Sep tember . 110. were recovered yeater day In a hotel at Sixth and Davis street by Infective Day and Superin tendent Holmes, of tha Portland brancli of tha Ptnkerton detective agency. Mrs. John Binfham. a prominent member of Portland's society circles, and a patron or the Art Mueeum. pass ing a pawnshop on Sixth street, saw .one of the stolen articles of Jeerrlry In a window where It had been placed a few days before, rec-ognixed It a ore of the stolen pieces, and bought It Im mediately, ottering four times It pawned value to get it Into the hinds of the pallce. The trail of the piece was taken up. by the city detective bu reau and the Plnkertona and tha rest of the J.'weiry wa found In the pos session of a hotel-keeper In the North End. The hotel-keeper says Ihe csrreo stickpin found In the pawnshop ws given to his daughter by William Aus tin, a transient, who skipped his h .i d bill, for which his suitcase was se ad. In the suitcase, which the hotel run. A. 11. Agnew, had not opened, tha re maining Jewelry was found. Tli? plunder comprises a Itoman necklace, a medallion pin. a cameo breastpin, a stickpin, a pair of gold culf links, and two oilier small pins, of considerable value a gold and gem, but priceless as heirlooms of some of Portland'- oldest famlllea. A 500 re ward rial been posted by tl.e I'orllanl Art Aaaoclatlon .for recovery of tha arttclea. RADIUM WIDOW SENSATION .Madjme t'nrle and Professor IXsap. pear; Elopement Sujcrted. PAItlS. Nov. i. i?peclal.) Tha greatest acnratlon In Pari since the tl.eft of Maria Lisa is the atory of the romance, of Madame Curie, widow of the late Professor Curie, and with him tie discoverer of radium, and Profes sor l.angevln. of the College of Prance, which Is prlntel by many of the news papers today. The Journal thia morning said that the profersor. who Is at the head of the Ierartmer.t vf P"-ytic In the Col lege uf France, had ieft hla borne aom dme ago. taking hi two children with Mm. and that Madame Curie, with whom he had been on most friendly terms since the death of her husband, also had disappeared. Mrs. l-angetln l as brought su'.t for separation against the professor. Madame Curie Is In Brussels with Professor Henri Pol n care. Perrln. Hrjllouln and Langevln. representing French science at the Conference on Modern Phslc. Madame Curie and I'rofessor L.tnKevln both deny the story printed In the Journal and other papers. Professor Langevln ajmttted that he had left Ms wife but added: My relatione with Madame Curie have he.-n strictly limited to scientific work." SPAN DROPS. ONE KILLED Euro Men Thrown In Water When Section of Hifch Bridge Tumbles. ACni'lIN. Cal.. Nov. 4. One man was killed anj five Injured late tonight by the collapse of a span of the Mountain Quarries Companya railway bridge across tt American Hlver. four miles from tills place. About 40 men were working on the portion of the bridge that went down, but most of them escaped unhurt, falling Into the river. The company haa been working a night shift on the bridge In order to ruab It to com pletion. Physicians and nurses have been unmiitned from Auburn to the scene of the accident! The bridge at the scene of tonight' catastrophe Is one of the largest In the state. It Is Inte-.ded to span the river many feet above the water. LAKE SUPERIOR IN STORM i Steamers Overdue Carry Long t.t ! of CaMn Passengers. J FOT.T WILLIAM. Ontario. Nov. 4 j K-merkM- for Its suddenness, the I wont storm of the year ha raged oo I upper Lake Superior for approximately Among the steamers overdue is the Alberta, of the Canadian Pacific fleet, carrying a large list of passenger, which was scheduled to arrive at 10 o'clock yesterday morning. BEATTIE MAKES APPEAL Virginian. I'nder Sentence of Death. Seek Writ of Error."" " RICHMOND. Va.. Nov. 4. Lawyer for Henry Clay Beattie. Jr.. under' death sentence for the murder of hi j wife. f.;l with tr-e Supreme Court of j Appeal icua a pcnuim iui a writ of error. Vnlesa te court glvea a ieclsloa before November 24. the day et for Btattle'e execution, this move will act as a stay. tDiicmcee Micicn UUUIIILUU IIIIULLU By EARLY RULINGS New Tendency Confus ing, Says Shonts. OLD WORLD WAY CONTRASTED New 'Community Requires More Resources in Making.' EARLY MONOPOLY BLAMED I nforiannte Phase of Sherman Env e Is Impression Ohlnlncd by Pub- lie Eront Pioneer Dcolnlrr.t ' of Supreme Court. BY THEODORE P. SHONTS. rPresld-nt of the Inlerboroash Rapid Tran sit Company.! tPubltahed bsf arrangement with the Chi cago Tribune.l Criticism of tie Interpretation of a pulllc statute by the highest court probably would he out of place from any. quarter, hut of course would have no value when proceeding, from, a layman. Nevertheless, surveying the situation with tespect to the Sherman law. In the light of the recent decisions cf the Supreme Court, I am much impressed with tw-o considerations: First, the atatute as now construed opvoaee a nntlnn-wlde principle of eco nomic development: that Is to say, the principle of combination, deliberately adopted and acted upon by the people of the United Statea throughout a gen eration. Second. It Is extremely unfortunate that, the business public of the United State should have been misled by the trend of the earlier decision of the courts Into the belief that this principle would be allowed to stand. There Is a great fundamental ques tion, cf course, whether, upon the wole the soundest, national progress in com mercial affairs will be promoted by a consolidation of reaourcrs t id facili ties or by their widespread distribution among the Individuals composing the nation. Great national wealth and-power have been developed by oth processes. In France, to Illustrate, where there are many employers compared to the otal number of er-ployes. and many small but few large fortunes, we have a striking example of the accumulation of national wealth and power through the process of distribution. In .the fnlted Statea. however, the opposite theory, that combinations are essential to a maximum commercial de velopment, has always obtained. This Is doubtless becsuse our clttsens are less tied dowi. to fnmlly traditions of SOME OF REJECTED TALESMEN rr" trade and employment, are endowed with an ambition which dlssatls'lea thein with a moderate competence, the ordinary lot of Individual success, and are fired with an Imagination which hurries them on to the taccompllsh incnt of those great results possible only through extensive combinations. ( omblaatloaa Are Xatloaal Panaloau Our comparatively new community, reiulrlnr greater resources for Its de velopment than the Individual usually commands, and the absence of state control and monopoly, tha I'uropean method of supplementing Individual ef fort, have had much to do with this tendency to combination. There is no doubt, moreover, that in many cases as, for example. In that of street rnways.telephor,e companies, and railway consolidation creating tnrough lines public convenience, has been larg serv. 1 through the policy of combination. The eerlt-r combinations, however, too frankly aimed at actual monopoly and the methods by wVh their ends were attained were. not always orer scrupulou. A vague feeling cf danger was thus spread . among the people, wMch in time ted to the enactment of the Sherman law. As to the good effect of that law. In so fa.' a It served to check monopo llaiic tendencies. I think there can be (CoucludeJ1 oo !! Fllt.1 W 9 Jfc ' r INDEX'TO TODAY'S NEWS Th W-tbr. t YESTERDAY'S Maximum temperature. 5 ds?rs; minimum, 44 de rs. . . TODAY'S Fair; weatt;!y winds. ' f-'orrlf n. Turk expertM to take terrible vengeance on recapturing Tripoli. Section 1. p 1- Chlnete nil, cowed by rebels, give, way to tbreata. Section I. page National. Preldrit comidertn score of nam fn" Justice Harlan's place. . Sectipn I. paKt2. Oregon must Impress Taft to sain . recogni tion .lor Irrigation purposes, taction 1. page 4. DomestM. Arlator Rodgr blocked by engine troubla 81 miles from goaL Section 1. pace 2. Tiod"bre p. Shonts says business was mls- ed by early decisions " on b Herman law. Section I. page 1. Sole talesman conceded acceptable to both sides In JicNamara case too ill to serve. Section 1. page 2- t TrarHtng men serve notice on hotel men that Upplaig sj stem must be abolished. Section 1. page 4. Mrs. Vermllya attempts suicide; symptoms are like those of supposed victim. Sec tion 1. page 2. Mother of 31 children glad to spare time for Jury .duty and voting. Section 1. page 1. Svorta. Prlncton defeats Harvard. I to & Section 2. page 3. Washington High, of Portland, defeats Sa lem High. IS to v Section -. page 3. Christmas swlrn across Willamette brings soviinrters from all along the Coast. Sec- . t!oo -j. page 5. Minnesota "l" defeats Chicago by 30-to-0 score. . Section 2. pdge S. ' . " MuUnomtmh hs hard time beating Van couver soldiers 11 to 0. Section 2, page S. Lucky flMd -goal gives Oregon S-to-5 victory over Whitman. ' Section 2. page X 1'nlverslty of Washington beats O. A. C by 34-to-U score. Section 2. pa.g &. raciilc North weet. ' y . Governor Hay springs many surprises - on state appointments. Section 1. page 6. . Idaho anxious over state of affairs In Wal lace bank scandal. Section , page 7. Idaho law hits social club dispensaries. Sec tlon 1. pare 6. , Mis-Inn; bills, link man to robbery .of New Westminster -bank. .Section 1. page 0. John F. Spray, of Cottaire Grove, makes re ply to paiklson. Section ii. page 12. , -Olcott-Iunlway controversy clearing through Judge's ruling. Section 1. page 7. y Cashier. Cvars. of. Philomath Unk, held to grand Jury. Section I. page 1. ' " Real Lit ate nnd B allying. Several big. realty deals are, pending. Sec tion 4. page b. - SU Johns does much paving. Section 4, page 9. East hide branch lH.rary. costing S.S.OOO. ready soon. Section 4. page V. . Sell wood makes rapid progress. Section 4 pg 10. Final arrangements made for f.no.OCO ma . china works. . Section 4. page IK . . . - . , 'Commercial and Marine. Hop market advances to 42 -i cents and 50OO tales are .sold. Section 2. page 1ft Chtraico wheat traders no Ipnger fr Fed eral Inquiry. Section 2. page 10. Reading stron-feaurw of New York stock market. Section 2. page IV. Surplus reserve of .New York banks, de creases. Section 2. page 11. 8tea'mer Beaver makes" AstorfS-Portland run in ft hours. 15 minutes. Section 2. pftge 13. ronlaael and Vicinity. Coroner's Jury finds that Wort man. etrlker, met death at fiands of Burt Hicks. Sec tion ' page B. Fire "hlef Dowell to reorganize fira-aiarra a'stem. 'Section 1. pie 13. Mayor to ask Council to .spprove plan to purchase Ross Island and submit It to voters at next election. Section I, page 12. ' ' ' ' - - ' Big crowd will go on I-ewiston excursion Section 2. page 20. Mayor declared by Napier, .ex-superintendent of rarbage crematory, to have done him injustice...- Str.tioit J. page 15., First aid for injured la main theme at child welfare exhibit. Section 1. page 14. Portland business men" visit brick plant at Newbrg. Section 1. page 13. Funeral of Mrs. Sadie Wolfe to ba held from Temple Beth -Israel this afternoon. Serf on 1. page 12. " Attorney Max Q. Cohen Is . indicted on charge -of offering to quash case from bench for bribe. Section 1, page 18. IN M'NAMARA T RIAL GLIMPSE XK Yf-tft .r- iBBjBEeasa'"" ,j , -rr 103 lnzirT,iii?M v"- - -: I If? gjir"1 " ' ISf p wat5si " II ' . - - If I lVs"''--'','"i0 ' " " -tJJ,jn -araasasaaasMsasfSMaaaaamaaaaM ABOVK-TKNTlTIVn JtRORS .- KATIXG I SDER Cl'lRD, SE.V STA,DJ ISO site, FROM LEFT TO RIGHTt EDWARD UPTIIX. FRANK COCH RA' JACK IIKSKV, DKPITV SHERIFFS. JIHORS AT TABLE ARE: J F FOLEY.' W. COWARD, F D. GSirEN, G. W. Ji'XZE, ROBERT It A IV, S H. MA.VM.VG, A. 14. DMLAP AD A. C. WINTER. BELOV.'j ' M'.VAM RA OOINO FROM J AIL TO COVRTHOVSB ODER GI ARD. NO TALESMAN NOW LIKELY TO REMAIN Only Man Acceptable to " Both Sides III. M'NAMARA CASE IS, DRAGGING Work of Four; Weeks to Pick L' Jury Goes for Naught. THREE BARE POSSIBILITIES 6on-ln-Un of Otis, Tliongh Atuonc 'Wltricsses Strairhotied, Mnst'Vn- dergo Formal Examination . . . v to i Be , Excused. LOS ANGELES. Nov. 1 4. ThJ only talesman who had; been considered as sured of acceptance by both sides In the McNainara murder trial . virtually xrus removed from consideration in it today, and at the end of four court sreeks It could, not be learned that any Jaror was even fairly certain to remain in the box ' . Seaborn Msjinlngr, 5S years o'.d. r bachelor, a farmer and the talesman who seemed agreeable both to the state aad to the defense. Is physically un-saited-for Jury service In a long trial, aa indicated by a report made today to Judge Bordwell by both sides. Keports showed that Talesman Manning was nt well. It Is eald that whtTe he man ated to endure the long day In the Jury box, he sleeps badly at nightand-some-tltnes' keeps the other talesmen awake The protest was . therefore two-edged. Three Talen:eai "Possible." Judge Bordwell took1 the subject un der ' advisement. Attorney Darrow, chief of. counsel for' the defense, said tonight that he feared that it would be impossible to retain Manning. Other possibilities as permanent Jur ora are Talesmen Bain. Green and Sam Mendenhall. Of these. Green appeared t4 have the best chance, although on the stand be admitted having an ac quaintance with District Attorney Fredericks. ' Bain, who formed the first labor union In Los Angeles, Is con sidered a possible candidate for chal lenge by the. state, and MendenhalU who has given evidence of being tender-hearted, may be challenged by one aide or the other. : v There Is thought to be little chance for A. C. Winter, Walter N. Frampton. George W. Johnson or Frank F. or A. T. Heeley. but Byron Lisk, a Pasadena flour miller, may get in. Talesman Mc Kee's status Is considered and W. H. (Concluded on Page Five.) OF PRISONER AND HIS ESCOET .- rt .-"J (w e MOTHER OF 21 IS GLAD TO BE JUROR LARGE FAMILY STILL LEAVES TIME FOR CIVIC DUTY. Care of 20 Sons and- One Daughter Sot Onerous Enough to Keep Mrs. Burster From Polls. SAX FRANCISCO. Nov. 4. (Special.)' From the obscurity of simply being the mother of 21 children to the promi nence of participating as a member of the first Jury, composed entirely of women, that ever tried a criminal case In the State of California, is the fame that has come to Mrs. Rebecca Barskey, of Daly City, a suburb of San Fran cisco, in the past 48 hours. Mrs. Barskey. who sat on a Jury Thursday, shows keen Interest in her duties of citizenship and said today thaj she was a Arm believer in the franchise for women and would gladly spend the time necessary to exercise her political rights. "The time taken up In. casting a ballot or sitting on a Jury. said Mrs. Barskey. "is 'Infinitesimal compared with what the right to vote means to woman. "Of course, with my large family I am necessarily a busy womali. but I will gladly give the time whenever called upon to act In the capacity o,f elector or juror." Of her family of 21. all but one are boys. The oldest Is 28. while the baby of the family has recently turned five, having been born in a refuge tent In Golden Gate Park shortly after the earthquake and Are of 1906. ; Besides 'attending to her household duties, the ballot and the Jury-box, Mrs. Barskey says that she will ' en deavor to influence the political be liefs of the numerous future voters of her family.- 1 ' PORTLAND GIRL HEROINE Miss Gesner Saves 35 Lives In Bos 'ton Clubhouse Fire. BOSTON. Nov. . .(Special.) Shortly after 4 o'clock' this morning Miss Maud Gesner. of Portland. Or., who is a atu dent at the New England Conservatory of Music, saved the lives of 35 girls at the-Boston Students" Union clubhouse. In St. Stephen street. She was aroused by a choking sensation. Her eyes were smarting from smoke in her room. Miss Gesner donned a bath robe and hastened to the doors of the other rooms and aroused the inmates. Mrs. Osborn. the director, was one of the first awakened. She and Miss Gesner found the kitchen burning fiercely and the room filled with smoke, which was filling the main clubnouse also. All the girls were quietly but hastily summoned into: ;he parlors on-the street floor and then an effort was made to get to the 12 maids sleeping in the rear above the flame-filled kitchen. The maids became hysterical when awakened but were led out of the building safely. GLACIAL ICE UNCOVERED Man Digging n Gravel Bed Near Merrill Strikes Old Slide. KLAMATH FALLS. Or.. Nov. 4. (Special.) While William McCully was digging gravel In Bullard's Canyon re ;.niitm was surprised to encounter a Marge body of glacial Ice several feet I below the surface of the gravel bed. He took some of the canes imo mo town of Merrill, where it was adjudged to" be Ice of good enough quality, sav for the presence of small stones and pebbles in the body of It. Thirteen years ago what Is supposed to be the same body of ice was. uncovered, but it became covered and not until the late discovery was It supposed to be still in existence. ; RAIN, SOAKS GRAIN FIELDS Showers Begin Falling After Farm ers Finish Sowing. PENDLETON, Or., Nov. 4. (Special.) Rain for which the gralngrowers of Dmatllla County have been praying for the past few weeks started falling this afternoon, and is still coming down lata tonight. . Fall seeding operations were prac tically brought to a close this week, and thousands of acres are now green with the growing grain. A good rain now will mean much to every Interest In the county.- PORTLAND BOYJS HONORED Chairman of Prom Committee Chosen atWisconsin LTnlverslty. MADISON, Wis.. Nov. 4. Manville F. Hendrickson. of Portland, Or., has the distinction of being the first non-fraternity man to be elected chairman of the Junior prom at the" University of Wisconsin. He defeated Noyes Bright, left half back on the university football team, and was the only man on his ticket to be elected. ESCAPED CONVICT KILLED Train Robber Resists Officers ' and Is Shot In Barricade. WATNESBORO. Ga., Nov. 4. "Old Bill" Miner, a notorious-train robber, who. with Tom Moore, escaped from a Georgia convict camp several days ago, waJ captured in a boxeer in St. Clair, early today. ..- Miner, who resisted arrest, was killed. TO FACE GRAND JURY Jugglingof Bank Books .. -Told at. Hearing. WIFE IN TEARS BESIDE MATE Charges Against Directors of State Depository Fail. SCHEMER, SAYS ATTORNEY Patrons of Closed Institution "Bitter Against Defendant. Who. They ' Declare.' Hoodwinked 'Them..; . Examiner Exposes Methods. . . CORVALLIS. Or., Nov. 4. (Special.) Refusing to make any defense and denounced by W. S. McFadden. of coun sel for the state, as a "designing villain whose operations seethed with corrup tion." James Evars. cashier of the sus pended First State Bank of Philomath, was today held 'by Justice Lane to the grand Jury for two alleged violations of the state banking law. In default of ball aggregating Jlo. 000 on the two charges Evars was re manded to Jail pending the convening of the grand jury November 24. Other Officer Accused. ' . . In the preliminary examination of Evars. 'W. H. Fowler, of Portland, who with Charles 11. Glos, of this city, ap peared for the bank cashier, made a formal demand on Justice Lane that warrants of arrest be issued for A. J. Williams, and S. T. Wyatt. president and director, respectively, of the. em barrassed, bank, alleging that these of ficers were equally guilty with Evars for the suspension of the bank. .The request was referred to Arthur Clarke, Deputy District Attorney, who replied that the desired warrants would not. be. issued for the. present. Attorney Fowler also insisted . that the District Attorney's office be re quired to announce whether or not wit- nesses for the state, particularly R. O. Arpke. assistant cashier of the bank, had been assured immunity from prose cution in return " for ' their testimony for' the prosecution. ' .. Inmanlty Charged Ignored This demand likewise was -ignored by Justice Lane and the Deputy District Attorney, who took the position that the question raised was one that prop erly should be presented when the actual trial of the defendant was held. Principal of the witnesses for the state at today's examination of Evars was Will Wright, superintendent of banks, who testified that the Philo math bank,' judging from an Investiga tion., he : had made . of the books, has been .Insolvent .since June 7, 1911. when Evars, as cashier, filed with' the State Banking Department one of his falsi fied statements purporting to show the true condition o' the bank. The bank, was last examined ln'October, W10. In support of the charge that Evars made and published false sworn state ment. iegardlng the financial condition of the bank. .. Bank Superintendent Wright testified that in the report of September 1 last, amounts aggregating $1900 were transferred by Evars from th'i accounts known as checks and cash Items and. from cash due frcti reserve banks as shown by the books of tha bank and credited to the reserve fund. Big Discrepancy Sworn. He said this was done in order to make the report show a reserve fund for the bank of about $9900 or the 13 per cent reserve required to be carried by all state banks under the Orcsua banking law. Witnesses testified that in the sworn statement of Evars checks and cash Items were listed In the report at $32.54 when the bank books on the date of the report showed an actual balance to the credit of this fund of $1182.54. A ' similar discrepancy was pointed out by Mr. Wright in the item of cash due from reserve banks. The sworn statement of Evars credited this account with $5290.20. while the books of the bank on the same date show only $4290 to the credit of this account. The : actual reserve fund as shown by the bank's books on the date of the report was increased In an amount equal to the sum the differ ences In these two items. Other dis crepancies . were pointed out by Mr. Wright, leaving no,, doubt but that Evars had Juggled with the figures In compiling his report. Shriner Depolt Expected. Equally Incriminating was the testi mony offered In support of the charge that Evars accepted deposits when ha knew the bank was insolvent. The state offered evidence of several witnesses showing that at :30 o'clock In the afternoon of October 17, the last day the bank was. open for business Albert" Shrlber- deposited a check drawn bV Tllison & Co., of Salem, on the Ladd & Bujh bank of that c(ty in Shrlber's favor for $7021.42. Although Shrlber testified that Evars was not present when he de posited the check Just SO minutes be fore the bank closed Its doors for the day. other witnesses testified to a knowledge by Evars that such a de posit was expected by him on that day. At the time Shriber deposited the (Concluded oo Tag 2..' CASHIER EVARS