The Oregon daily journal. (Portland, Or.) 1902-1972, February 04, 1904, Page 6, Image 6

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TITE OKEGON - DAILY JOURNAL PORTLAND. THURSDAY EVENING. FEBRUAIiY 4, 1904.
CONCERN GETS
ABOUT $40,000
Fraternal Home Buyers
; Proceedings in . Quo i Warranto--Contract .
r Holder v Explains the Scheme u
' ; C Guy Wakefield and Ross Nicholas,
who were arrested yesterday afternoon
on the charge of using the United State
mails for fraudulent purposes, appeared
before United States Commissioner, Mcr
Kee this morning and, 'on notice of the
attorney for; the.government, the case
was continued until tomorrow "morning
at 10 o'clock, to give opportunity for the
prosecution to make an examination of
the books of the, Horn. Buyers' associa
tion, hlch were taken charge of by the
government upon an order from the
court. ' ': " "' f7- " " ''
j A number of the books were brought
to the court room, but upon examination
It was stated by Wakefield that 'some
important records were missing, among
which was one of the stock books, a
blotter of the expense accouut and a
irabinet which contained the applica
tion and record of each contract. . ;
. Quo Warranto Proceedings.
II. K. Sargent, attorney for Mr. Wake
flold, states: "I have- In course of
preparation a quo warranto proceeding
through which I expect to get control of
the business of the Home Buyers' asso
ciation fof my client. This case will be
filed at once and ,1s to make Harbaugh
and his associates show by what right
they - retain their offices. Th charge
brought by the government is merely
technical aa everyone that ver had
anything to do with the association, Is
as guilty as the men who have been ar
fee ted."
' It la anticipated In view of the pro
ceedings -that nn order will be issued to
withhold the mall of the concern until
the case . is settled. Postal Inspector
Kicbes has a number of John Doe war
rants which will probably be served on
C. E. Harbaugh and C. W. Altmari. ' "
Charles II. Glos, who was for a short
time: associated with the company, la
rme of the witnesses -who will - appear
for the government at the hearing,
where they expect to show that the
proposition Is a scheme to defraud In
- veslors. Mr. Glos la familiar with tha
business and its inside workings, and
bis evidence will undoubtedly create a
sensation.. Mr. Gloa. .when asked this
morning what. he had to sayibout th
matter, stated that lie was a witness for
the government and waa not at liberty
to say anything until he went on the
witness stand. - He however said: "I
worked for tje firm a-short time with
the idea of Investing some money in It.
I did not consider It a business that was
based on sound and honest principles
and would have nothing to do with It'
r-r" - Matured Contracts. '. .
The maturing of four contracts ; for
$2,000 each, 1n favor of A. H. Eiler last
October, is causing considerable ; dlsi
cunslon among some 'of the other con
tract holders, In view .of the fact that
Mr. Wakefield was once In the employ
of the Eiler brothers. It waa heralded
broadcast that Mr. Eiler had matured
the four contracta which amounted to
18.000. and that the money was availa
ble for him to expend in a home. Mr.
Eilr In explanation stated:
. ; "I don't know a thing about what
the association is doing at present. "My
contracts were under a different aSries
than those that now exist. I paid $21
for the first payment' on each. Under
my arrangement, after ISO had been paid
into the bulldlng'fund the first contract
would mature and so, on in regular or
der. All of mine have matured, but I
have no home and have not drawn down
a cent. I refused to make any more
payments on the contracta for the rea
son that I found the payments a ar
ranged were equivalent to paying In
terest on the money which I expected to
net for a home. The Impression that
I have a home from the association,
or have received ; any money,' is all
wrong. They never had $8,000 at one
time. I made arrangements with Mr.
"Wakefield to-sell to some one else my
contracts and In this way expect to get
the money back that I am now out"
Ths Bonus System. '
One of the contract holders this morn
ing stated r 'During my business deal
lnga with the company I found tmtt they
were making an effort 'to get the pros
pective investor in a contract to pay
a bonus, on one that had already ma
tured, or on one that was held by some
t Reports from passenger men who at
tended, the 8L Iouts meeting of the
Transcontinental Passenger associa
tion prove the forecast of General Pas
senger Agent Craig of the O. R. A N.,
which ras made In The Journal weeka
ago. to have been true concerning the
stand the railroads would tske on the
ticket brokers and the connection of
this auestlon to fair rates.
i , Several weeks ago Mr. Craig an
nounced that the rates to tha St Louis
fair would depend largely on the atti
tude Missouri and St Louis took on the
broker question, and ; from St Louis
local railroad - men have received word
that before the fair rates were granted
this question was thoroughly gone into.
President Francla of .the. fair and Judge
. " I , ., . . I M AW A I
xcitis, sciierai vuuiibci ui liio cajubi-
tlon corporation, w.ere called before th
railroad meeting and asked concerning
the attitude of the fair, and the atat
and city on the squelching of ticket
brokers. Mr. Francla and Judge Ferris
both assured the railroad men that th
recent laws enacted by state and city
against the brokers would be enforced,
find the Judge promised that ths
brokers would lose their case, they hav
ing taken an 'appeal to the supreme
court. After discovering that' th fair
corporation, the municipal authorities
and the state government "Were one in
frowning on the work of th brokers,- th
psssenger agents agreed to give the
northwest a rate of a fare and a third
for the round, trip.? apecial excursion
rstes of one fare plus $2 for' the round
trip to local points near '8t Louts. and
the west and Pacific coast country prso
tlcally one-far rate. ...
- The St. Louis meeting was the most
largnly attendodlby leading passenger
officials of any session of - the Trans
continental association, and ; from re
ports of the meeting It was evident that
the roads of the country are standing to
gether solidly In thir fight against the
brokers. In the opinion of railroad men
the St Louts ' meeting will to a large
extent determine the Lewis and Clark
rates, and'; It Is generally believed by
passenger officials -that the roads will
tiulr restrictive and even prohibitory
)glslatlon bgalnet ticket brokrs from
trie clti' and state, before th Special
rales are grnt4 ' ,
RAILROADS
AGAINST
BROKERS
Books to Be Experted
person that was willing : to give up his
chance to secure a home at an early
period for a consideration. The usual
bonus was .from . 125 to ISO, la , addi
tion to the fees for making transfers
and recording tha ; same, This money
did not go into tne home building fund,
but into the pockets Of the officers, and
amounted to hundreds of- dollars.; The
total income of the 'concern must have
been ,maBy, thousands of; dollars. ;They
claim they have 1.C81 members. Some
of these -have' paid dues for nearly a
year which "would amount to "anywhere
from 140 to $70. Taking a, low average
of $30 for each ' contract holder, the
company has raked -In - about $ 40,000.
Out of this only three 'or four homes
are on record as having been built. Some
of tha - people that have been Identified
with the . project a agents. ' were men
Without scruple or standing. For my
part J I ,wtir not -pay j them any ; more
money and have not done so for. i-num-ber'
of months, as Upon close' investiga
tion it -did not look reasonable or like
business." , :. .
Circulars Bant Out, . . T
Following 1 a sample of the clrcu-.
lara through s which tha i concern ap
pealed to the publics '
Fool the landlord. , "Why doa't you
fool the landlord by moving Into your
own homT
Haven't got tha price? Tes, you have.
It's really quite a simple problem ; you
have tha means to hand Row, no mat
ter how limited your income.
Besides, its a matter or economy-
economy is cash. Tou want a home of
course. : But you have been held back
because you thought you couldn't afford
it That la tha effect of tha rent habit
We cure It y ' ' '
Tou can get your own borne, in any
locality you prefer, and you can pay
for it In monthly installments less than
you now pay tha landlord .for rent and
without Interest. ' , :
' No, you don't hava to own your own
lot first; you don't have to make a "pay
ment down. The new plan of co-operation
will accomplish your object in a
few months where It would take you
years to do it alone. There la no un
certainty about this plan, either; every
feature . Is guaranteed. There is no
guess-work about it. Hundreds of peo
ple are proving this ays tern to-be per
fectly practical, it's Just aa practical
for- you. . - .- 1 y
If you .would prefer a clear title deed
to a home of your ' own instead of a
bunch of rent receipts, call and let us
tell you what the new plan-can do for
yourlf-you can't come In person, send
your name and address on a postal card;,
we'll send you some mighty interesting
reading matter; without cost to you. Do
it now! '.' ' ' '
Tm free to confess," said District At
torney HalV at the examination of Wake
field and Nichols yesterday afternoon,
"that the plan of the Fraternal Home
Buyers, on the face of It, appears to bi
a fraud." . ?' ' , '.,.' i
"I can," Interrupted Wakefield, "demon
atrata to you in 10 minutea that our con
tracta aro all right."
"I'm afraid," returned the prosecutor,
"that It will take you little longer than
that." r -'. - , ; ;
Mr. Hall stated after the reading of the
complaint that the charge against the
officers of the Fraternal Hpma Buyers
were tha result of various complaints -existing
during the past few months, and
that the hearing waa to determine
whether there was sufficient proof that
the woman would be repaid.
Wakefield said that the Original contract
would show that the woman .was to too
repaid the pioney paid in with 8 per cent
Interest In case ah did not receive her
$2,000 home.
Wakefield ' further declared ' that ' Hat
baugh, Head and the others named as
witnesses for the government were he
causa of-the-chargea against Jthe-CQmj.
pany, and that the charges wer tha re
sult of Jealousy and soreness. 1
"Head came to tha office with a fake
burial proposition." ha said, "and after
looking at It I saw what it waa and
refuaed to have anything to do with it."
United States Commissioner E. D. Me
Kea fixed, the bonds of Wakefield and
Nichols at $300 each' and the hearing was
continued until 10 o'clock this morning.'
JELLIES TINTED 1
WITH COAL TAR
Jelly roll and tarts will probably
hold" a less conspicuous place In the
bill of far for Portland homes owing
.to th diacovery of J I. T. Tartar, deputy
state food and dairy commissioner. Mr.
Tartar recently analyzed samples of Imi
tation Jellies taken from original pack
ages on which was stenciled th name
of Gerts Bros., Ban Francisco. Con
cerning his analysis Mr. Tartar said:
"Thes Imitation jellies are marked
Imitation' and a formula la given on th
label. Under analysis th jelly does not
tally with that given tn the formula.
The printed formula represents that the
jelltea contain onl-y vegetable coloring,
but analysis shows them to be colored
with coal tar dy."
, Portland bakera hav been warned by
the food commissioner not to use this
Jelly, and Inspector J. W. Bailey will
later make a tour of Inspection among
local dealers In jelly, to sea that bis or
ders ar' carried out ' '
VERY BUSY MONTH
FOR INSPECTOR
Plumbing Inspector Hulme had a buay
month during January, according to th
report which he completed this morning.
Segregated It gives the following state
ment: New buildings Inspected, 87; old
buildings Inspected with new fixtures. 59;
cesspools connected, 81; sewers connected,
102; written notices served, 33; total num
ber of licensed plumbers, 4; reports of
defective plumbing, 18; plumbing remod
eled on notice, ; totar number of Visits
for month, 469; total number fixtures con
nected, 709.
, , Bxtrem of Liberality. '
, From the Denver Republican, ,"
' It Is simply beautiful to not the
promptness of. corporations to reward
heroism ' when' it saves their property
from destruction. Kate Shelly, who
prevented a train from going Into the
Dea Moines river 2$ years agd by flag
ging It with her new red Sunday petti
coat has Just been mad station agent
on that road. ;
COURT REDUCES
DREYFUS
rasvczPAX. is casbou sbootxvq
axtaxbv bjicwm mTronoif
BOITS TO 91,000 OASB I COH JIW
TBO DXTOV8B UBOEB THAT BO
UUI Wil XEABT. ". v-
Jacob Dreyfus, accused by Thomaa L.
Carroll with attempting to kill him by
shooting in Carroll's candy establish
ment yesterday, will hanf a preliminary
hearing In the police court next Tues
day.' ' . v
,The; case was called today and Drey
fus was arraigned,' charged with assault
with a deadly weapon. Attorney W. M,
Davis appeared for the defendant, while
the complaining witness1 waa repre
sented by Attorney Dan Malarkey. Dep
uty District Attorney Spencer stated
that Mr. Malarkey wanted a continu
ance, and it waa agreed upon, i v ; ',
Mr. I)avla requested the court to re
duce the amount of the bond, . as his
client desired to get , out of jail, hav
Ing spent the night in prison. Judge
Hogue replied that It was a Very' serious
Charge, but Mr. Davis Insisted j that
Dreyfus had shot in tha heat of a Quar
rel and intended no harm. He stated
that Dreyfus : had invested all of his
money In the candy business, and hav
ing been hereout a short time, he had
few friends. Mr. Davis said he thought
he could raise a $1,000 bond, and thla
was agreed to by the prosecuting attor
ney, with the understanding that Drey
fus' bondsmen be held strictly respon
sible, and that . tha defendant promise
not to attempt to Injure Carroll. ,
In speaking for Dreyfus, Attorney
Davis says that at a meeting of the
creditors of the Carroll business a few
days ago It was agreed that Mr, Car
roll, who was secretary and treasurer,
and : Mr. Sutro, president, should step
out. They were drawing $125 each a
month, while Dreyfus had taken $1,000
worth of stock and had Invested $700 .in
cash. The understanding, stated - Mr.
Davis, waa to let Dreyfus run tha busi
ness, he to get $60 a month. This agree
ment, he said, waa broken by Carroll,
who refuaed to give up the books. .. This
misunderstanding led . to the shooting
affray yesterday, when, Dreyfus fired
two shots at Carroll.
It Is said that Sutro Invested $$,200
over and above tha stock he contracted
for. Still at the meeting of creditors
yesterday It waa reported that the lia
bilities wer about $6,600, of which $3,-
200 is due Sutro on notes. The assets
are about $3,000, of which the book ac
counts amount to $2,000, and the stock
and fixtures $1,000. . A
Mr. Davis is making an endeavpr to
secure bail for Dreyfua and hopes to
succeed in doing so during the day.
At a meeting of the creditors of the
house yesterday it waa decided to place
R. L, Sabln In complete charge of the
business to dispose of it for tha best in
terests of the creditors.
SAYS SLAPPING
IS ONLY CURE
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mUOTXQB.
An altercation Wednesday night tn the
office of the City Messenger and Delivery
company between William Hahn, propri
etor of the. Llnwood saloon, and Otto
Prag, a messenger boy, over an alleged
bill for 60 cents' worth of crawfiah, In
which Prag cam off with a battered left
eye, has resulted In the Institution of a
suit to collect $5,610 from Hahn. ;
; According , to Prag h aecured th
crawfish for a woman one night more
than a month ago, promising to pay
Hahn later. Hahn came to the messen
ger office several ' times to collect his
monejf but the boy alleges the saloon
man did hbTiomtoMm. but to th
night clerk and disregarded the boy'a
instructions to gd to the bookkeeper and
collect th bill.
' Tuesday evening about 7 o'clock Hahn
came-to the messenger office and spoke
to John F. Shorey, the manager, and re
quested to see Frag. ..
, "When I came out," said Prag. "he
called me a vile name and said I was a
petty larcenlst and struck me, v Then
Shorey ordered him out of the place."
Hahn says Prag promised to call and
pay th bill and did not do so. ;
"I went to Shorey the other night,"
he said, "and told him he had a boy
working for him who waa a petty, thief
and that X wanted to alap his face. If
every, one would do as I did. w would
hare a better class of messenger boys."
Suit for damages waa filed in the cir
cuit court yesterday afternoon against
Hahn by Bronaugh A Bronaugh, attor
neys for .Prag. f
Prag's left ye la badly discolored
and he declares h was obliged to con
sult a physician, v Hahn says Shorey
threatened to hav htm arrested for
striking th boy. y- r :
ROSE SOCIETY
CALLS MEETING
The Portland Ros society will meet
next Friday at the Unitarian chapel,
corner of Seventh and Yamhill streets,
for the purpose .of hearing reporta and
electing officers, . and also to make ar
rangements for the rose show to be
held in this city this year. -The mem
bers aref determined to commence in
plenty of time to make the ahow a suc
cess. Prises will be offered to different
varieties of . roses. All those who ar
Interested In any way in thla work are
asked to be present at thla meeting.
LUMBER WAS SOLD,
SO WAS MR. KING
W. H.' King's suit against the Keystone
Lumber oompany -to recover $295, alleged
to be still due on the . sale of a sawmill
at Clatakanle, is on trial before Judge
Sears In the state circuit court today.
King alleges that when he sold the mill
it-was agreed that he was to retain suf
ficient lumber to build a house." The lum
ber, ha contends, was pointed out, and It
was agreed" that It Was his property. In
spite of his agreement-he, says- that the
new proprietors sold the lumber, and re
fused to account to him for it .
Bsaxly th Unit.
- From the Knoxvlll Sentinel.
Norrtetown, Pa., has produced a
woman who prevented the escape of two
desperate jail breakers with an unloaded
gun. St Louis, Chicago, and Minneap
olis amasons will now hav to lake a
back seat .
PORTER MAY HAVE
FLED
The local office of the United Health
& Insurance company has been notified
that C P. Porter has been acting with
out th .authority of th 'company in
eastern Washington. At Walla Walla he
Wrote up about 30 policiea and collected
the advance fee of $5 on each, which
was not turned In. (Ha In .some man
ner secured some of the printed mat
ter of th institution and posed aa an
CLAIMS THE
WAS TEN
P. E. i Meilke, produce . dealer on
Front ,. street, filed a suit Jit the state
circuit court today to recover $2j)9 with
Interest, from the Western Union Tele
graph' company, because of an alleged
error in a telegraph" message. Meilke
claims that on September 2, . 1902, In
INCREASED SALARY
CLAIMS REJECTED
Tba county board today rejected th
claims ot the four circuit Judges for ad
ditional salary, claimed under the law
passed at the recent special session of
th legislature. ,These claims were taken
under advisement ' by the board last
month, owing to doubts as to the va
YEAR'S
IS
TKBZB LUTES OFBBSD OB UBIOB
ATEHTTB BT OBTULB3 BAXLWAT
TJf ABT TBAS SVSSBU 8TBBBT
, TXB LAST ADDITIOB OTBBB
J3BTEWSIOBS VBOIOSBO.
The first day's business on the new
Alblna line of the Portland ; raUway
company was a record breaker aa far as
passenger carried counted, though, ow
ing to the free tickets distributed by
the Albina sub-board of trade, the net
recelpta were not especially . large,'
though-a sprinkling of cash Tares was
found in the gross returns. ,
The Alblna line ends at present at
Maryland avenue, but will during th
year be pushed to St Johns, aa th sub
sidy promised by citizens of the Peninsula-
has been raised.-,-Just-when- work'
will begin on the extension to St
Johns is not yet announced and prob
ably will not be before the annual
meeting of the stockholders of the oom
pany, which will be held in San Fran
cisco In March. : t-.wj.
The new aervlc through Alblna to
Maryland avenue Is a 10-mlnute one,
live cars being operated ' on ' the' line.
This gives lower Union -avenue a car
about every two minutes. During the
past year the Portland railway baa cen
tered Its building activity chiefly on
Union avenue lines and at present op
erates five lines of cara where a year
ago but two wer run. During th sum
mer the Vernon Una was opened which
gave Highland and the busy part of
Union avenue "added service, then late In
the year th Broadway line waa ln
atalled, opening up a new district to
quick transit . and . also helping con
gested , lower Union avenu ' traffic
With the addition of the Russell street
line the Union avenue problem Is solved
for the time, and what has grown to be
the busiest east side thoroughfare In
two years is now well taken cara of by
th five lines.' ' Besides the three' new
lines of cars tha Portland railway has
mad It Vancouver aervlc leaS of a
local pneby cutting out all atops be
tween East Burnslde" and ' Mechanics
street New cara of extras-length have
been added to all these lines and hav
doubled the carrying capacity of the
company s older lines. -
FOUR DAYS OUT
OF MONTH LOST
During last - month there . passed
through the draw of the steel bridge
1,296 steamboats and ships.' Were these
vessels 'strung out in a continuous pro
cession their aggregate length would
be In the neighborhood of, 100 miles.
They would reach almost from Astoria
to Portland. Counting four minutea to
a boat, which Is about the average time.
It would require almost four days for
th procession, to pass through -...th
draw. ..""'. ' . ' ':
: Th actual number of openings - fof
these 1.295 'Vessels was 1.011, fre
quently two of them going through at
tha aama - time. . This occurs when a
Bailing vessel is In tow of a steamer.
Engineer Sam Hall, foreman at th
bridge, haa some interesting data on
this subject Last month he began for
tha first time to keep a separate record
of th deep-water ships which go above
th bridges; He makes a note of- the
names, dates and how long the bridge
waa closed to traffic. It took 20 minutes
for on pf these larger vessels to pass
through th draw, another on 1$ min
utes, and several of them 10 minutes
each. The general average, however, is
cut down' to about four minutes. There
wer 64 Of these larger craft A few
years ago that many vessels did not go
above the bridges during an entire year.
Compared with a year ago th fig
ures show a slight falling off. For the
past three- Januarys ths number of
boats to pass through the draw Is as
follows: ' ; , " "."
January, 1904' ........ V.. ,. 1,295
January, 190S 1,464
January, . 190$ 1,270
DISASTROUS YEAR
FOR COMPANIES
The Insurance companies lost heavily
during the year 1903, according to th
annual report published In the Coast Re
viewy The total tosses for th 12 months
amounted to $9,046,261 and th loss ratio
was 63.4- per- cent - The 'most disastrous
fire waa at Sacramento, January 31, when
th department store of Wetnstock, : Lu
bln & Co. 'was destroyed, with insurance
amounting to $399,404, Tha next severest
whs In Portland tm'March 10, when th
Victoria dock and several other buildings
in lower Alblna were destroyed. Th
losses ther amounted to $256,095. ,
RECORD
PROGRESSIVE
ONE
TO CANADA
agent Instructions were sent to have
the man arrested.
Aldrich 4 Wetbel, managers of thd lo
cal branch, say that they will Issue pol
icies where Porter has collected for the
Same, but that they will not ;be other
wise, responsible for his transactions.. It
Is thought that the 'man has made his
way to Canada and will evade punish
ment Porter at. one time worked for
a man- named Fowler,' who represented
the company, ' .
TICKER
CENTS OFF
Cleveland, O., he sent a dispatch to th
Walla, Walla Produce company, saylr.g
that' he- would guarantee 40 ' cents per
crate net on a car of prunes. "; Instead
of delivering - the message as it was
written . he ; alleges that, the company
transmitted it so aa to read 60 cents
per crate, to his damage.
lidity of the law. - , ,. '
The Increase In the annual salary of
the circuit Judges, provided for in the law
In question la $1,000 each, which was to
have been paid from th county treasury.
The state already pays th Judges $3,000
salary each..
STOLE PROPERTY
WITH A TELESCOPE
OBOBGB BOB ABBXSTXO OB STJS
rXOXOB OF LAXCBBT FBOX A
SWBLXJBO AT HUWOOB-BOB
AH ZBKATB ' OF STATB ZBVABX
AstYHTK AT BALSaC.
Patrolman William Carr madwhat
is considered an important arrest this
morning when ha . took Into custody
George No,, who Is accused, of larceny
In a dwelling. -.-;". .'.j.''
When caught by th ' officer at Front
and Madison streets Noe bad a vails
filled with clothing , and jewelry which
are supposed to have been atolen from
residences at Sell wood. The man was
pointed out by tha keeper of ths lodging'
house at Sell wood which was recently
robbed by Noe, It is claimed.
Tha police have been looking for this
mysterious ' thief for some time. His.
modus operandi haa : been exceedingly
clever. His scheme was to rent a room
in a hotel or lodging house at bight
He always carried a telescope with him.
At night It would be empty. When he
left tn th mornlngit contained all th
clothing and other valuables that could
be crowded lnto.lt No ia aald to be
the thief and the police ar now trying
to Identify tha articles found In his' pos
session. - .--
The prisoner is $7 years of sg and it
ia said he has been an Inmate of the
Insane asylum at Salem. He escaped
once, but was sent back last fait How
he again secured ; his liberty Is not
known to the police. He does not ap
pear to be mentally unsound. 1 4
v William Graham, 61 yeara of age, will
hava to face a charge of larceny In th
police court tomorrow. Detectives Day
and Welner arrested him at Third and
Ankeny streets today.- It is claimed
that he . recently stole two overcoats
from the public: library, one of which
the detectives found In a pawnshop and
returned to tha owner. ' -
VAN HOUTEN CASE
IS
David Van Houten, tha acquitted mur
derer of Albert Ybung, was arraigned
before Justice of th Peac Reed this
afternoon on a charge of threatening to
kill, and releaaed on $1,600 ball, pending
a bearing of the case tomorrow morn
ing. District Attorney Manning, who is
sued tba warrant stated that Lindsay,
the complaining witness, ha,d no deairs
to persecute Van Houten, but that he
believed his life to b In danger, and
that he had taken th step merely to
insure his own safety.
Attorney T, J. Cleeton, on behalf of
Van Houten, said that his client waa
dissatisfied with the testimony that
Lindsay had given during tha trial, but
he had no. deair to harm Lindsay or
anybody else, and tha statement that
ha had threatened to kill waa a mistake.-
'. ' ' ' .. - ' -. -.- -i
C. -F. Ruegg and George F. Slerett,
two residents of Mount Tabor, quali
fied as Van Houten's surety.
It Is understood that Lindsay haa
agreed to dismiss thl action, in case
that Van Houten will Immediately leave
town. Van Houten declares that he
would hava been In Montana before this
If Llndaay had not caused bis arrest
COURT TEARS ARE
I WAY BELOW PAR
When standing before Municipal Judge
Hogue today R, E. Dowelf shed tears of
bitter sorrow when ha recalled what ha
onoe had been and what he Is now.
Whisky, he said, was the cause of' his
downfall.
Several days ago the man waa arrested
while Intoxicated, Ha had just been re
leased from the county jail. He was
at liberty but a short time when ho stole
an overcoat and the detectives proved his
guilt to the satisfaction of, the court. H
waa up for sentence today.' Officer Haw
ley told how the man - had once been
happy with his family. He had worked in
the Portland flouring mill, but now was
a- wreck. ... . .. . . . . .
"Judge, after I serve my time now I
will leave her' and go somewhere wher
I cannot get whisky. It Is my ' worst
enemy and has brought- m to this. I
have a. little girl of 14," but the thought
of her ; caused the heartbroken man-to
glva way " and ha wept bitterly.
When he regained his composure he
made a solemn promise to behave himself
In the future. ( .
"Ninety days in th county jail," was
the order of lb court . By that time
Dowell will be able to get work outside
of the city, where he will be away from
temptation. He told the judge he would
write to his step-father at Salem, who he
was sure would be glad to welcome hlra
home again. .. " . '
POSTPONED
PLEURISY, PNEUMONIA,- -.'
CONSUMPTION: CURED
George G. Hovey, 300 West ia8 Street, New York City, lost 76
pounds in five months, but after using Duffy's Pure Malt
Whiskey his health was restored and he has not. lost
a day's work In aear. He says he owes his life to
Duffy's Pur6 Malt Whiskey
READ HIS OWN WORDS
. .,.-.1. .. .. - .... ., r , .; - ... .. .! ... . . . ,
"I was taken 111 with pleurisy and Pneumonia, which developed into con
sumption. When taken sick I weighed 210 pounds. In nineteen weeks I wasted
away to 1S4H pounds. I tried eight of the best doctors, and all told me I could ;
not live six months. I took from fifteen to thirty-five grains of creosote every
day for a year without benefit. I had seven hemorrhages, was not able to walk '
up four steps Of staire at a time without resting, and was not able to attend to
business for two yeara.
"Finally I gave up doctoring and began taking Duffy's Pure Malt Whiskey.
I gained In flesh and strength, am able to attend to my business as an elec
trician, and have- not lost av day's work, in the past yean My appetite is good
and 1 sleep "well.
' "If any person who haa consumption will take DutTy's Pur Malt .Whiskey
h will be cured, as it is the best remedy
in tna wona-t owe my lire to u."
- GEORGE O. HOVEY.
30 West 128th St., New York Clty.V
Duffy's Pure Malt Whiskey haa cap. '
ried the blessing of health into more
homes during the past fifty yeara than
all other medicines combined. It cures
pneumonia, pleurisy, consumption,
coughs, colds, grip, bronchitis, catarrh,
asthma and all diseases, of the throat
and lunger indigestion,- dyspepsia, ami
every form of -stomach trouble! ner
vousness, malaria and all low fevera. It
Stimulates and enriches the blood, builds
up the nerve tissues, tones up the heart,
kills disease germs, fortifying the sys
tem against disease and promoting
longevity; makes the young strong and,
healthy and keepa the ' old young.
Duffy's Pur Malt Whiskey contains no -fusel
oil and is the only, whiskey recog
nised by the Government aa a medicine;
this is a guarantee. Preacribed by 7,000,
doctors and used exclusively , in 2,009
hOSpltalS.' "'':' '"''. " . '-- "- -. -; -J J-- -. .-, - ..- ..r-.-,.,'
OAtrnOlT. When you aak for Duffy's Far Malt Wbiskey b snra jon gt
th genuine. Unscrupulous dealers, mindful of th ollenc of this prepara
tion,, wlli try to sU yon cheap Imitations and malt wnlskey substitutes, whioh
ar put on tb market for profit only, aad wbioh, far from relieving tha sick,
ar positively harmful. Demand "Duffy's" and b sure yon get it. It is tba only
absolutely pure Malt Whiskey whioh contains medicinal, health-giving qualities.
Daffy's Far SSalt Whiskey is sold in sealed bottles only never La flask or bnlk.
Xrtok for th trade-mark, th "Old Cheinlat" on th label, and b certain tha aeal
over th eork Is nnbroken.- Beware of refilled bottles. r ,
Sold by all druggists and grocers, or direct, 11.00 a bottle. Interesting med
ical booklet frea to anyone. . Duffy Malt Whiskey Co., Rochester, New York.
PARENTS AWAY;
MX, AsTD. MM. CASX GO TO TB3BA-
TSS AJTD 43SHUDSSVABB KBAJliT
atrSVZD TO DATB AM SATED
OsTLT X TXS STICK 07 TIMS BT
BBATB CXTXXXITS. V.
(Joaraal Sperlal teTlet.)
Baker City, Or., Feb. 4. At I o'clock
last evening In Sumpter th fire alarm
sounded and flames were discovered in
the residence of E.'A. Case on Cedar
street, a merchant of that city. In the
hous were two small children Mr.
Case's little boy and. the little girl of
Mrs. ueggs, a sister pz mtb. ;ase.. in
parenta bad gone out to a lodg meet
ing and left th children In bed. A lit
tle before 9 o'clock Mra. Case went to
tha house to see if everything was all
right and afterward they went to th
theatre. Within 20 minutes the firebell
sounded and th alarm waa given In the
theatr. 1 Befor Mr.' and Mrs. Case
could get home their handsom resi
dence was a complete wreck and the
two children had a narrow escape from
death.
Just" after tha flra department re
sponded to the call men dlacovered the
children alone in the burning house.
Charles Rand crawled through tha dens
smoke and fire and pulled th little boy
out from undec the bed, where tha child
had taken refuge in his fright, and
managed to get him out Into, the open
air. ' The boy was almost completely
suffocated, but waa finally revived. The
cries of the little girl were heard at
an upper window at the aam time, and
a Mr. Shlnn managed to reach her and
carried her down In an unconscious con
dition It la thought that both children
will recover.
v The - Cas- residence -was one of th
handsomest and best, furnished houses
In town, and la now a total wreck. The
amount of Insuranc cannot be learned
at this time. . '
NEEDS MONEY FOR
THE PANAMA CANAL
Washington, Feb. 1 Secretary
Shaw gives , as his reason for
th withdrawal of the funds from
th national banks th ' necessity
of preparing to pay - th first In
stallment on the Panama, canal pur
chase and also the probability of loaning
funds to the St. Louis exposition, The
banks desiring to sell a portion of the
security now held by the government are
authorised to - withdraw and transfer
them, thus avoiding In many Instances
the withdrawal of the cash from the
channels of trade. '
WISH REFUND OF
ACCIDENT MONEY
, Papers were filed In. the state cjrcult
court today, in a suit brought by the Fi
delity and Casualty company, against
Joseph Hickes, to recover 1428.54, which
amount the company alleges Hickes se
cured by fraudulent misrepresentations.
The complaint asserts that Hickes car
ried a policy with the company but that
it expired over a year ago. Last- sum
mer he was Injured while at Centralla,
Wash., and represented; so the complatnf
avers, that his policy was still In fOfce,
and secured accident -Indemnity for sev
eral weeks. ,.
XTO AITD SMPBSOB COHTEB-i
.Toklo, Feb, 4. The seriousness of th
situation her is shown by th long
conference between Marcus d I to and
the mikado this afternoon. The pre
mier gave a dinner to 18 peers, where
th . subject waa given a semi-official
discussion. The reports continue to
come that Russia is massing troops
north of the Yalu river. The first break
In th government's reticence came to
day In the publication of four dispatches
from Manchuria and Siberia. Some or
der hav been given, but they ar not
given out
BUSSIA SBBDB 6,000 TBOOFB.
Paris, Feb. 4. Th Seoul correspond
ent of tha' Central News wires that
6.0D0 Russians had embarked from Port
Arthur for Korea. The transports were
escorted by th Russian "fleet They
will be landed at Chemulpo, which. Is
fhe port for Seoul, tomorrow. ,. It . Is
understood that unless they have a con
flict with the Japanese fleet while en
route from Chemulpo the ; troops ar
expected to march overland to, Seoul.
CHILDREN
SUFFER
ROUNDERS' PLEAS
AVAIL THEM NOT
IsJTJDaB HOOUB BETUBES . TO AO
CEFT EXCUSES , BT TWO XTOBTSt
BHD ZDZ.EBS WHO ABB OH BOB P
WITH UYXJrO TBOK
rUBLXO W0ME3T.
OATHS 01"
Because a man rises at S a. m. to as
cure a bite at a restaurant Is not. con
slderedTa legltimat"" exousby"MunlcI-
pal Judge Hogue for being out after
hours.
This, was the defense of Robert Fen
ton, a north end rounder, who was ar- '
rested for being out after hours!. Act
ing. Detectives Hogeboora and Vaughn
told bow they found him out at 8:10 a.
m. and they thought a little municipal
discipline would suit him., r I
Fenton, who says he is a waiter,-told
the court that he retired, at S o'clock
last night but at S asm. he awoke and '
the pangs, of hunger were so. pressing
that he had to rise 'to get a meal. Ha
said he usually did, not rls until t
o'clock in th morning.
"You're not under oath, now ar you,!? r
asked the Judge, as he eyed Fenton,
"Well, it doesn make any difference, ,
as I don't believe you anyhow. Yours
Is a very pbor defense." , , ,
The defendant protested in vain, but
the officers testified he waa supported
by Mabel Butler, a. north end woman.
The last case against her was dismissed
on her promise to leave the city. But
as she did not go, Officer Hawley .ar
rested her during the session of court
snd both' man and woman will b tried
tomorrow. 1 .... .,
Fred- Bush was charged with -a, alroU
lar offense. But he said he waa stag
manager for north end variety house.
Policemen testified that he sptnt most
of his time In loitering about north end
gambling houses.-. His case was ariao
continued to give him opportunity to
show what he was doing to make a liv
ing. - ', ' : ,H - . -?.-,:.. '
BREWER JOHN BEHN -BECOMES
DERANGED
John Behn, a German brewer aged $1
year, was locked up In the city Jail this
afternoon. He la supposed to b mentally
deranged. ;.
Shortly after dinner tha inaan man
entered the office of Welnhard'a brewery
and attempted to take possession. He
Insisted that the Germans of Portland
take care of him and h refuaed to leav
th office. He grew more violent each)
minute and tha police' were summoned.
Officers Reslng and Carpenter re
sponded to the call and when requested .
to accompany them Behn refuaed. . , H '
raised his hands and screamed at th top
of his vole. Finally he sprang at Res-
jng, seising mm py the throat- To pro-
tect himseir tn omcer had to us his
flats.
"I was going to the old country," said
Behn. "When we were In th middle of
the ocean the vessel sank and I went
to the bottom of the sea. Last July th
women of a lodge to which . 1 belong
cam and rescued m and now. J am
here." ; ' . .,.'
ARLETA RESENTS
OFFICERS' INTEREST
Charged with, being a vagrant and an
Idle and dissolute person,' Arleta Fay,
whose home 1 on the Bllets Indian res
ervation, waa in the -police court today.
The half breed girl,- who is said to be
hut IS vsnra nt m woa noa.l.. .1
, o i " .... .1 j bvwiicu
In a suit of the latest style and sh was'
very Indignant that the police should
hav taken such an Interest in her. Th
officer told how she was living in bad
company In tha north end and Judge
Hogue continued the case until word -can
be sent to her relatives. The girl
says she Is 19 year of age. v
HEW CQSrOKATIOHS.
Article of incorporation of the Peer
less Pure Food company, with- a capital
stock of $45,000, were filed In the oflio
of th county clerk today, The lnctrpd--
rators are Thomas ' Schneider, Peter . .
Johnson and Walter Johnson. "
Articles of Incorporation of the West-'
rrn rrer nucnt anu I reuse MSnuractur-
ing company were filed In the offlc of
the county clerk today. The incorpora
tors are G. E. Beck. .Joseph Donellet,
D.'H.'Rand and William Foley.
i
1