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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (Dec. 4, 1908)
ifff fix " f'vWMl iy SOVCRSTHC MORNING Nfi-D ONTHK LOWtR COLUMBIA PUBLISHES full AttOCIATEO PRtSS RETORT 83rd YEAR. NO. 283 FAB fllMID SUIT FINALLY SETTLED OUT OF COURT Judge Releases Interest x for $100,000 LONG FIGHT IS ENDED Marquam Takes Advantage of Title Banks Failure to Re-open Case MET WITH 'MANY REBUFFS AJwt Marfan Ffrat Temporary Victory Im MM With Many Dlaap- -w3 1H U1X 'HI uunuod tenton Being Tumtd Down. PORTLAND, Dec S After fight lasting 10 yeiri, th famoui Mw1 cmam lull" wm lettled oat of court tody by Judge P. A. Marquim re letting whatever Interest be pretends to nave in the Mrjm grind the tre property In thli city for t eonsld ration of "Something leu thin $100,000." The property Involved of ibout $1,500,000 value. During the turd tlmei of the Ws Marquim ! cured 1300,000 from the Mortgage Company, in cittern corporitlon, giving mortgage on the property and trust deed to the Title Guarantee & Trust Compiny. In 1399 the Title Company having failed in keeping up the taxes on the property, the mortgage company be cimo dissatisfied md ordered the title compiny which was acting as its agent aa well at Marquam's trustee to have the mortgage foreclosed. J, Thorburn Ross, secretary of the title company got himself appointed at tor ney for the mortgage company. Ross retired from the case however before the suit was actually commenced The mortcase was foreclosed, Ross tinder agreement kept the secret from Marauam. bid the property in for the moragage company, as the "Trus tee' and the title company was dis charged from Ita trust. The title ' company, on a plea that it had ad vanced sums to Marquam. and" In connection with' the trust had been allowd to intervene, later he re deemed the property from Rosa, Rosi then organized the "Oregonian Company in which he and other officers of the title company held stock and took over the title to the Marquam property. ' The Marquam about the time the title company redeemed the property eema to have thought that the title and Ross aa "Trustee'' for Jiim, and "Agent" for the mortgage J. D. ARCHBOLD IS A HARD WITNESS rn Fyaminefi hv Kellnnn-Fails to Obtain Con firmation Regarding Large Loans of Standard NEW YORK, Dec. 3 Efforts on the part of the- federal counsel to ob tain confirmation regarding the loans aggregating $22,000,000 to P. F. Trai nor of the Southern Pipe Line Com pany, a standard subsidiary, came to nothing today in the cross examina tion of John D. Archbold.' For over a week Frank B. Kellogg, govern mmen inquisitor, has pursued every " trail to find out. the purpose of these large loans, but tonight he appeared no nearer a solution to the mystery. company and "Owner" of the proper ty was carrying rather too great a burden. He began action to have the case rt-opened and be allowed to re- eem. After the first temporary vic tory In the stite circuit court he met with nothing but rebuffs. Three times bil contention was turned down by the supreme court and twice by the circuit court. The court re peatedly holding that , the trustshlp ended with foreclosure. A year ago the title bank failed and out of six iVILL CONTINUE TARIFF IEARIIG TO DEC. 19 CHAIRMAN PAYNE AUTHOR IZED TO OFFER RESOLU TIONS IN THE HOUSE. MANY ADDRESSES ARE MADE J. M. Wilson of Wyoming Aakcd That Present Rata on Wool be Re tained and That Every Sheep in Ilia State Waa Mortgaged. WASHINGTON, Dec. 3.-The house committee on wayi and means today decided to continue the tariff hearings until December 19. Chair man Payne wis authorized' to offer a resolution In the House when Con irress convenes Monday which will give the committee authority to sub poena witnesses for these supplemen tary hearings. Hani Schmidt, of Buffalo, repre scntative of the wool pulling indui try, advocated greater differential in duties on wool fleece and wool on skin contending that this it necessary if the wool pulling industry is to survive. He claimed under present tariff, the packers were absorbing all of the business.. For the National Wool Growers" Association, J. M Wilton, of Wvomln. asked that the preaent rate on wool be retained, He said the wool growers are tn debt and that every sheep in Wyoming is mortiraued. A. S. Erickson, Utah wool grower; D. M. Campaey, Pen svlvania grower, and Mrs. Bonnemert of Utah asked for the continuation of the present duty. Mrs. Bonnemert Is the only woman who has appeared befort the committee. . , : JURY DISAGREE. SAN FRANCISCO, Dec. 3.-After deliberating 28 hours, the jury in the case of Thomas O. Young, charged with the murder of Policeman W. H Haines, on June 4. were unable to agree and were discharged. the loans which he said might have represented adjustments between the refining companies which Trainor supplied with oil. Trainor who is connected with the Standard's pipe line system previously, testified that he did not know of loans and never received them. Much of Archbold's cross-examination today had to do with rebates paid by railroads in the early days. He took the position that the rebates at that time were a mat ter of bargaining in whkh each shinocr strove to obtain the best terms. " ASTORIA, eeks' scandal that followed Roos was convicted of converting to hit own ue hundreds of thousands of dollars of state funds, which had been en trusted to him care, while other offic ials of the bank awaiting trials on similar charges.. Marquam took advantage of the Sink's failure and disclosures and made them the basis of mother suit to reopen the case, which is now pending. PROGRAM CHANGED. WASHINGTON, Dec, 3. -The resldent'i innual message will be read to the second session of con gress on Tuesday instead of Monday. The Senate will adjourn Monday ou: f respect of Senator Allison aa soon as the new members are sworn in and the committee named to wait on the President, Speaker Cannon announc ed, the Huose would adjourn in the same manner, Tuesday will prouao- be devoted solely to reading the resident's message. LOOT POSTOFFICE. Robbers Get $100 From Los Angeles Substation. LOS ANGELES, Dec. 3-Two un known robbers blew open the safe in postoflicc substation "A" early today and made their escape with the con tents. They, did not take the regis tered mail and left currency and some small silver scattered about the floor. It is not known bow much was se cured but the postmaster says less than $100. . DIPLOMATS AT BANQUET. Anniversary Of Austria'! Emperor la Celebrated At Chicago. CHICAGO, Dec 3.Many nations were represented by diplomats at i banquet given by the Austro-Hunga rian Society of Chicago last night at the Auditorium Annex. The event marked the sixtieth anniversary of the reign of Francis Joseph, emperor of Austria. Harry Reubens, president of the society, presided and gave a toast to President Roosevelt. Alex ander de Nuber, consul general for Austria in Chicago, gave a toast to the emperor. A cablegram was sent to the em peror conveying the congratulations and felicitations of the society. Yetserday morning pontifical high mass was celebrated at the Cathed ral of the Holy Name, at which all the official representatives of the dual monarchy were present , ED JOURNALISM EX-GOVERNOR SELLS HIS IN TEREST IN PENDLETON TRIBUNE. T. C. WARNER IN CONTROL Former Governor Retires and Will Make Portland Hla Future Homo Paper Will Continue Under Repub lican Policies, PENDLETON, Or., Dec. 3. Ex- Governor T. T. Geer is no longer connected with the daily Pendleton Tribune, either as editor or publish er, T. C. Warner, of this city, ana J. T Dougall, of Fort Wayne, Ind., have purchased the plant ana taice possession at once. Warner, who has been connectea with the mecnani cal department of the East Qregon- ian for many years, wil be business manager, while Dougall will be edi tor. The paper will continue to be Republican. It is understood that Goer will make his home in Portland. The Morning Astorian contains all the local and Associated Presi re QUITS port!. OREGON, FRIDAY, DECEMBER DEATH SEHT BY LETTER TO HEfiRY BOAS THE LETTER ADVISES HIM TO TAKE POWDERS PROMIS ING SURE CURE. DETECTIVES ON THE SCENT Powdera Enclosed m Miasive . In Woman's Handwriting Are Taken in Good Faith by Unsuspecting Man Who is Found Dying. SAN FRANCISCO, Dec 3,-Poi on conveyed in a letter mailed in this city yesterday is believed to have caused the death of Henry Boas, a salesman for the Pennant Electric Company, who was discovered in a dying condition in his apartments at 2816 Harrison street early today and ho expired a few moments later without regaining consciousness. A communication purporting to be from a physician, but which displayed ignorance of the primary principles of medicine, was tent to Boas yester day by special delivery and all the evidence in the possession of the po lice indicates that the letter, penned by a woman, contained two powders, which the recipient was urgently ad vised to take as a remedy for indi gestion, but which were in fact of poisonous character. 1 Acting upon ,. clews foundj among the dead man's papers, a detective was sent this morning to San Jose to interview Mrs. G. G. Walker, of 63 South Fifth street, that city, whose daughter is said to have been a friend of Boas. The police, basing their calculations u'pn the fact that the letter was dited so as to indicate that it was written in San Jose, are posi tive that a clew to the sender will be found through tracing all possible friends and acquaintances of the dead man in that city. Boat is said to have resided for some time at the home of Mrs. Walker, and to have formed during that time an attach ment for her daughter. While the envelope containing the letter is missinn. it is known that a missive was mailed in this city yes tcrday and delivered by messenger to the elevator operator in the building tt Third and Mission itreets, where the offices of the electric company are located. The elevator man signed for the letter, in the absence of Boas, who returned later, and who Is sup posed to have taken it to hs home The sienature to the letter is so illegible that instead of McHower, miirht be Flower or Wower. The whole missive was undoubtedly writ ten by a 'woman who had but scant acquaintance with the directions she intended to give, and the police re gard it as important that Boas was urged not to delay taking the pow ders enclosed. Boas, who was a young man and unmarried, resided with his parents, Upon arriving home last night he in formed his mother and sisters that he was going to take some powders to relieve an attack of indigestion, with which he was afflicted. It was two or three hours after he retired that the women heard screams com ing from his room, and they rushed to find him writhing in agony and eomnlainincr of acute pains in his stomach. Dr. C. F. Griffin, who was sum moned a'most Immediately, diagnosed the1 case as one of poisoning. He ad ministered emitics without delay, but Boas had already sunk into uncon scious, and died within a few min utes. His bady was removed to tne mortrue, and the police, being noti fied, took charge of all his personal possessions and set on foot the In vestigatin which resulted in the de narture of Detective Gallagher for the Walker residence in San Jose SAN JOSE, Cal., Dec.3.-Chief of Police Haley after investigating th career of Boas in this city, who died at San Francisco today as a result of taking two headache powders which claimed he received through the mails, stated he is satisfied that Boas committed suicide after writing 4. 1SG8 and addressing to himself the myster ious letter dated at San Francisco, but mailed at San Jose. Theory i based on similarity of hand-writing in the mysterious letter and that in the the letter which he is supposed to have written to a San Jose young woman. No evidence for motive for suicide was unearthed here. ATTEMPT TO BREAK WILL, CHICAGO, Dec. 3.-The Tribune today prints the following news ar ticle: An attack on the will of Charles T. Yerkes is being prepared by his -widow, Mrs. Mary Adelaide- Yerkes Mizner. Knowledge of her purpose was ad mitted yesterday by Lewis S. Ousley of Chicago, the only remaining exe cutor of the estate. He also intimat ed that the courts would be asked to decide not only her own suit, but whether the fact of her action did (not nullify the provisions of the document as a whole. This would mean an end of the prospect for the Yerkes Art Gallery, a nrosoect which already has been dimmed considerably. Mrs. Yerkes-Mizner wants her dower rights in the estate of $200,000 in cash and the limited income prev iously granted her by the will. It has been estimated that the es tate is worth $16,000,1100 a value which has been considered optimistic in view of the shrinkage of some Yerkes stocks and the widow would be entitled under the -Illinois law to the use during her lifetime to one third of this amount as' her dower right. No lessening of values with in reason would be sufficient to make her the loser if she received the dower. This is credited With being the reasoning which has led Mrs. Yerkea- Mizner to her decision. The immediate result has been to Work all steos toward settling the estate. "The difficulty in disposing of the estate," Mr. Ousley says, "grows out of the fact that Mrs. Yerkes is plan ning to demand her dower instead of accepting what the will allows her. There is a question at law that will have to be decided in the courts whether her doing so will annul the rest of the will." The will divides the estate into foul parts after making many bequests and leaves one-fourth to each of the children, Chas. E. Yerkes of Chicago and Mrs. Bessie L. Rondinella of Philadelphia. Mrs. Yerkes-Mizner's beauest of the income ts derived from a part of the residue. ROOTS RESffll AC CEPTED BY MEAD UDGE STEPHEN B. CHADWICK WILL BE HIS SUC- ... CESSOR. OY. MAKES NO COMMENT Will be Necessary for the Incoming Governor to Appoint Another Jus tice to Fill Out Root's New Term. OLYMPIA, Wash., Dec. 3. Gov ernor Mead today accepted the resig nation of Suoreme Judge Root and appointed Superior Judge Stephen B, Chadwick of Colfax his successor. accepting Judge Root's resignation the irovernor made no comment whatever.' Judge Chadwick is one of the supreme judges-elect. His term begins the second Monday in Jan uary. It will be necessary for the incoming governor to appoint an other justice to fill out the new term for which Root is elected in Novem ber. ST. PETERSBURG, Dec. 3.-The Russian consul at Trieste has inform ed the government that the Turkish boycott of Austrian goods has ex tended into Egypt and Albania and is threatening to spread throughout the entire Mussulman world. ITS. RICE ill OCCUPIE wm sin FERRY CHARMER BEACHED. VANCOUVER, Dec. 3.-With the hold rapidly filling from water as a result of a collision with a barge, the gulf Ferry Charmer is beached at the entrance of Vancouver narrows this afternoon to save the craft from sink ing in deep water. Charmer had 100 passengers aboard, who were all tak en aboard the steamer Joan and re turned to Vancouver. CDCAiTflTHfl ATTJPIfQ;Wi!I Tell That Part Where lULhUl.Ui.ittilillinUUU POOR BACHELORS ASSERTS THEY ARE THE WORST EVIL OF THE COUNTRY. WORSE THAN THE DEMON RUM It is the Bachelor Who Today is the Great Evil of America," Says Mrs. Leonora Lake at a Big DO License Rally. LYNN, Mass., Dec 3:Mrs. Leo nora Lake of St Louis, one of the leading temperance lecturers of the country, who spoke at a big no- license rally here last night, nearly created a panic among 2000 ardent temperance reformer's when she an nounced from the platform that she had changed her mind about drink being about the worst evil of the country and denounced bachelorhood as being worse and bachelors as be ing worse than "hetions who run drink dives." A storm of hisses greeted her words. "It is the bachelor who today is the great evil of America, she said, j have told her that he had engaged "It is the bachelor who fosters the Davjs to kill him. Once during the rum evil and who spends his time in'narrative when she referred to Rus dives. It is habits he learns as a tins mother, Mrs. Rice broke into bachelor that ruin him as a married , tears but soon regained her compo- man. Reformers should drop the rum evil for a while and devote their attention to this one crying need more husbands. " If men can only be made to see their after life all depends on an early and on his right were his two broth marriage, that with a good home and ers, one of whom, Fred H. Davis, is good wife life will be easy, then there will be no need for us to fight Bank and the other is very promi the drink evil. It will die of itself." ent ' RECORD FOR DIVORCES. CHICAGO, Dec 3. According to' statistics, Peoria county, Hi., noms the record for divorces. From No- vember 1, 1907, to November 1, 1908, there was one divorce filed for every four and two-thirds marriage licenses. The United States census report. gives Illinois the palm for divorces, the state average being one divorce for every 12 marriages. 0 -. JURY FINDS UTAH GRAFTERS GUILTY After Deliberation of Four Hours Jury Reach Ver dict of Conspiracy in SALT LAKE. Utah, Dec. . 3.- "Guilty" was the verdict of the jury in the United States district court be fore which the Union Pacific Railway, Union Pacific Coal Co., Everett Buckingham and J. M. Moore have been tried for conspiracy in restrain of the interstate commerce. Defend ants are charged with having shut off the coal supply from D. J. Sharp, a Salt Lake fuel dealer, which action it was alleged drove Sharp out of business. The jury was deliverated four hours. Buckingham was rec pn;c FIVE CENTS Her Testimony as Dram atic as Heretofore TO HEAR WHOLE STOHY Dr. Rtl,;n i, ilfprort f, Mava .......... . ....a . Planned V.urtr WITNESS ONCE EHEAXS CO'.'.'I Mrs. Rice Breaka Into Tears When Dr. Rustic's Mother is Referred to Excused When Davis is Brought Into Story. OMAHA, Dec. 3. Evidence given today by Mrs. Abbie B. Rice and vig orous efforts of the counsellor the defense to exclude that part which connected Charles E. Davis with the killing of Dr. Rustin, were the fea tures today of the Davis trial. Mrs. Rice occupied, the witness stand new ly all day. Her recitation of speeches with the dead surgeon were no less dramatic than on the two former oc casions when she had been asked to jrive details of the alleged pact to destroy their lives. Twice during the day the witness and the jury were dismissed while the counsel argued the points of law as admissaWy of different parts of her evidence and in each instance the State scored a clean cut victory. By ruling made on the last point raised, bars are let down for the hearing of Mrs. Rice's entire story which will include that part wherein Dr. Rustin is alleged to sure. Mrs Rice reached a point where Davis was- brought into the story j when she was excused for the day. i Defendant sat near his attorneys lis- tening attentively to the preceding vice-president of the First National FIRE KILLS FIVE. ; SCRANTON, Pa., Dec . 3 Fire last nignt oesiroyea tne ciotnmg store of Anthony Shapiro at Dickson City, a suburb, five members of the family being burned to death. Mr. Shapiro, a son and daughter and Mrs. Shipiro's parents lost their lives. Mrs. Shapiro and two other children escaped by leaping from the second story window.. Restraint of Conacres ommended to the mercy of the court. The maximum penalty fine is $5000 and a year in jail. Sentence was postponed pending appeal. TEN YEARS FOR NEGRO. KANSAS CITY, Dec. 3.-Char!es Stevens, negro, accused of stcaliru; $30,000 from a mail pouch from the train last July, was sentenced to 10 years in the penitentiary today. None of the money was recovered. Archbold said he knew no reason for