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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