BRIDGE AND FERRY ' BOND ISSUE SOLD Issue of $450,000 Worth of City Bonds Sold at ; Three 0Clo& This Afternoon for 96.8 Chicago Firms . Successful Bidders Two issues of city, bonds aggregating In lace value $450,000 were sold at 3 o'clock this afternoon by the executive board for 8.8. This !a 3.2 below par. The Issues are $100,000 of Morrison treet bridge bonds and $50,000 of Al fclna ferry bonds. . Tlie buyers are M. W. , Harris ana E. h. Koiuns as eons, of Chicago. . Representatives of these two firms today advanced their joint bid of 95.5, laid on the table yesterday by the executive board to 86.8. The second price was accepted In secrel session. None of the other four bidders Increased Ills offer." ' ''v';:'' :.'' ' "This Is the second highest price ever paid for Pr cent city bonds In, Port land," said Auditor Devlin this after noon. 'The highest as that paid for street improvement bonds issued last April. Those bond were sold at pre mium of 1.16. Previous issues which brought much higher prices 'bore a higher rate of Interest" "I think the bonds should bring at least $." said Mayor Williams this morning, concerning the $400,000 issue for the Morrison street bridge and the $50,000 issue for the Albina ferry. "I do not believe I would approve an offer for less, although, .under certain consid CALLS MILLER A "COWARDLY BRUTE" The brutality and Inhuman treatment which have been shown in this, case as tounds me. There Is no doubt ' In my mind' of the truth of the story told by the plaintiff and her witnesses. Were the law broad enough to cover the mat ter, I should take pleasure in sending this man Miller to the penitentiary for a pood, long term. What Is to be re gretted is that this decree leaves him free to inveigle, some other young wo man into the meshes of his net and make her a second victim." o ; ; . This language was used by Arthur 1 Fraser, Judge of department 1 In the state circuit court yesterday afternoon. In. granting Grace A. Miller a divorce from Fred Miller. Continuing, the court aid: "The defendant is evidently a coward ly and disgusting brute. The evidence of Mrs. Miller and her ' witnesses is corroborated by depositions from Forest Grove, and even the evidence of Mil ler's own witnesses is against him. Con FATAL PLUNGE OF WEARY CELESTIAL An unidentified ' Chinaman stripped and Jumped into the Willamette river this morning from a small rowboat and before help could reach him, drowned. The body was recovered by the men of the steamer Pomona. .The Chinaman appeared to be about 80 years of age, and Is supposed to have been a laborer. A 9 CaptahrA.-J.-Spong.-of tha- Po mona, was opposite the Portland Ship company's yard, steaming down the river from Oregon City, he noticed a Chinese standing up In a rowboat tak BATOR BABY IS DOING WELL two romro xbtabt zs beiho BAXSEB Dt & HOTHOU8B ABTD TED wxtx a Kxxucnra sbofpeb, but IT IS CBYIBO HEABTTXT ABB , GBOwnra tast. Portland has an Incubator baby, the frst In its history. This tiny human atom wss born four weeks ago at the Florence Crlttenton Refuge Home, three months sooner than nature's allotted time. Dr. Ttmms. who has the case in charge, st first thought the little crea ture had not even a fighting chance, so frail seemed its hold on life. It is a little girl, and weighed at birth scarcely two and one-half pounds. The babe breathed but feebly, could not open its ryes, or make a sound scarcely louder than a feeble moan. Dr. Ttmms decided 10 place Tne uaoy in an muviuaiur, mm ai not daunted by the fact that there was not one to be had in the town. She ahmmoned a carpenter, and under her eupervislon the Incubator was built, and the baby snugly placed within it. The box is about three feet In length and two In height, with a false bottom that does not reach the whole length of the box. leaving about six inches of space at that hd for the circulation of air. The space underneath the false bottom is filled mth Jars of hot water, which are put la through a eliding door on one side, and which' are replenished as the ther mometer In the box denotes a fall In temperature. A sliding glass door en closes the Incubator on the top. At first the nurse k,ept the temperature at si degrees, gradually reauclng it, until at present it is kept at 80 degrees. The little creature is thriving snd (rowing. It now weighs three and one half pounds, receives its food regularly very two hours, and has learned to cry for it, too, though as yet it is but a feeble wail. It is fed with modified cows' mirk and It now able to take it through a tiny rubber nipple, while at first the nurse fed It with a medicine dropper? The child looks perfectly nor mal In every respect, and stretches In regular baby fashion, denoting, so the nurse says, that It Is growing and thriv ing. The only unusual feature one no tices abcut the baby is its remarkably tiny proportion, and Its hands and feet, which are more like little claws. Un less r.srtnt disease-should attack it, how aver. Dr. Tlmms ways there Is no reason why1 it should not grow Into a strong, healthy child, Th mother, who is onlf a child herself, has been apathetic and apparently lndlffer?n,l to the chjld until yesterday, when It was gently brought before her notice that the child should have a name. Tha baby now bears the name "Mary Edna," the first sfter the matron, Miss Mullen, and the second for Dr. Tlmms. ? ,"Ws must stop calling hr "Mary Edna," says Mlns Mullen, ha is tu be called "Edna," after her pre server. - . erations unknown at "this time, I sup pose I might." ' "Is it not unusual that but two bids for the entire Issues should be made for the bonds by eastern Arms?" the mayor was asked. . . ... . : ' '- .. . .'. . "Well, yes; . bond ' buying firms, of course, are up to all kinds of schemes, and maybe they have agreed to pool their interests, thinking . they . could make a good Investment thereby." ; What do you thlnH as to an immedi ate offer in advance . of any of those made?" was asked. . ' I believe the firms will make us a better offer,; but whether sufficiently bet ter to cause its acceptance, Is, of course, more than any one can tell. "Such low bids are somewhat surpris ing, but the companies bidding defend their figures by citing the disturbed con dition of the market, "The bonds are absolutely first-class. They are the very best bonds on the market, for the interest rate $18,000 a year is guaranteed right now by the' streetcar companies. as the City & Su burban has to pay $12,000 or more, and the Portland Railways company about $8,000 a year for the use of he bridges. This guarantees the Interest, and the validity of the issues la unquestioned." sidering all the testimony, this Is one of the worst cases ever coming before this court, so far as my knowledge goes. "It Is apparent that Miller has added perjury to his other crime. 1 sincerely regret that the laws are not flexible enough to permit me to send him to the penitentiary. Not only does he deserve severe punishment, but the safety of, other young women who are likely to be deceived and 111 treated by the brute makes It desirable that he be placed where he cannot do further harm." After testimony of shocking cruelty had been offered against htm. Miller took the stand in his own behalf. He attacked his wife's character but was sternly admonished by the court to drop that line of defense. Miller says he is a graduate of a university at Paris and of another at Heidelberg, Germany. For a' tlm he manufactured patent medicines. At present he Is en gaged in conducting a school of modern languages. ing off his clothing. The Chinese ap peered to be very nervous and looking up and seeing the steamer nearing him, jumped from his boat Captain Spong ordered bis vessel to steam' ahead at full speed, but before the steamer's men could reach him the Chinaman had drowned. The body and the boat from which the dead- man had Jumped -were- picked up by the Pomona and carried to the Tay lor street dock. Coroner Finley was at once notified and the body Is now in the morgue. . ..,..,,. ' MRS. MADDEN ANSWERS HUSBAND'S SUIT (Sun Francisco Bnreaa et The Journal.) San Francisco, March 5. Mrs. Edith Madden, whose name figured In a sen sational acandal at the Presidio, which caused Lieutenant Roblchon's .dismissal from the army, today filed an answer to the' suit for divorce against her by Capt. John Madden. U. 8. A. She first makes a general denial. of the charges of adultery with Lieutenant Roblchon, then devotes 11 typewritten pages to a recital alleging cruelty and misdeeds by her husband. She also charges him with Indiscretions In the Philippines. RUSSIA'S FLEET . FREE FROM ICE (Journal Special 8ervtce.) . ' V Hakodate, March 6. - An Austrian mim f,. Vlarilvnatnclt renorta that the Russian squadron got free of the ice at that port last Baturaay ana sauea northward, presumably, in hope of cap turing Japanese mercnammen. sso i tacks have been made on northern Jap anese ports so far as heard. NO APPROPRIATION FOR NEW SURVEYS (Journal Special SerTlce.) Washrngton. D. C. March 6. The river and harbor committee of the house this afternoon agreed to recommend that there be no legislation for new surveys this year. DBETrtJB' AfFBAZ. OBABTED. (Journal Hperlil Berylce.) Paris, March 5.The court of cassation today granted the appeal of Captain Dreyfus for the revision of his trial at Rennes. MIXERS BEJECT COMPROMISE. (Journal Special Bertie. ) Indianapolis. March 5. The miners late this afternoon rejected the op erators' compromise. Unsatisfactory. ' J From the Chicago News. ".Ah," aald. the caller, "I see you have a new typewriting machine!" "Yes," rejoined the man at the desk. "I took it on trial, but I'm going to send It back. It s no good." "What's wrong with It?" asked the In quialtiva party. "Why, the fool thing can't spell any better than I can," replied the othor. ; , Tne other Bids of xt. From the Philadelphia Inquirer. The suit Of a Baltimore husband,, who asks a' divorce because his wife remains at the lodge until unseemly hours seems to show that th .worm has turned- MRS. JEAN GARDNER DIES AT OSWEGO fr Jean Oardner. wife of John Gard ner, died at her home In Oswego yes 1 . . . . . . , terday after an uiness oi several months. -Mr r.aninr was a oromlnent mem ber of Myrtle chapter, Eastern Star, of MRS. JEAN GARDNER. Portland and had for years .been a worker in the Seamen's institute. Hav ing been born . in Scotland and lived there until after she was married. She was treasurer of the Congregational guild, tins. Gardner , was a prominent worker in the Scotch societies of the city. Her family In Scotland are wealthy ironmasters. , Her husband Is of the firm of Gardner & vlggers. Mlsa , Morgan, her , sister, and Miss Patrick, her cousin, who came to visit her from Scotland last spring, remained with her during her last sickness. Her aged father la how on the way from Scotland. He will not know of his daughter's death until he reaches New York. Burial will be 'made at River view cemetery tomorrow. . . WHAT WAS DONE BY EXECUTIVE BOARD At the executive committee meeting yesterday D. Taylor, representing the Trinidad Asphalt Paying company, had decided to repair all work that waa not first class free of cost The contract for building the new steel bridge across Balch's gulch on Thurman street was let to J. B. C. Lockwood, the bid being $28,m. Smyth & Howard . were the lowest bidders for the seven block's of - stone pavement on Hood and Water streets, between Clay and Caruthers. Their bid was $38,677.23. City Attorney McNary, having been asked as to the authority of the Paclfio Construction company to close the Mor rison" street brldger reported" they" had full authority. ' , Chief of the Fire Department Camp bell asked for wo engineers, one perma nent foreman, one call foreman, three drivers, one plpeman and nine extramen to man the two new engine houses, and ha was ordered to make these appoint ments from the eligible list of the civil service. There will also be one captain, one engineer, one assistant engineer, one foreman, one assistant foreman, two firemen and four plpemen for the fire boat Examinations are soon to be held. Committeeman Curtis spoke in behalf of . 8ellwood. He said the board of trade-of-thatsuhurb-hnd passed a Jeao- lution asking for a patrolman to be sta tioned there. The matter was referred to the police committee. SMALL SPOIL FROM , BANKER'S RESIDENCE Thlnllng that the home of a banker would contain many small things of value, to say nothing of sacks of gold, unknown robbers last night broke into the house of J. E. Boynton, comer of Ankeny and Thirteenth streets, and car ried away several small pieces of Jew elry. Mr. Boynton is an employ pf the Ladd A-Tilt on bank. Mr. Boynton had been away from home for a short time in the evening. Upon bis return, which was about 8:30 o'clock, Mr. Boynton discovered things in a confused condition, the . bureau drawers having been emptied on the floor and the contents scattered all about the rooms. Mr. Boynton said this morn ing that the value of the jewelry was small. "I neve keep money . In the house," said Mr. Boynton. The robbery is supposed to have been committed be tween 7 and 8 o'clock, the thief having entered, the house through a window that had .not been securely locked. OREGON CLOTHES FROM STATE WOOL Charles Coopey, president of the Ban hockburn Manufacturing company, will go to Albany tomorrow to look over the new mill there. The company purchased the Albany Woolen Mills some time be fore the Portland Woolen Mills burned. It has now arranged to fill the orders which were on the books of the Port land mills when they burned. The mill is entirely modern in every respect The plans were designed by an eastern ex pert - The machinery is the latest and no expense has been spared by the man agement to make It a thoroughly up to-date factory. Many former employes of the Scllwood mill have gone to Albany to work In the factory there. The mill will employ about 70 people. It will soon undcrstake the manufacture of clothing. FACTS ABOUT SIBERIAN B AX I. WAY. St. Petersburg to Vladivostok 6,7p0 miles. .' . Harbin to Vladivostok 400 miles. Harbin to Port Arthur G50 miles. Cost $600, OOO.00U. Built by the Russian government. . Present czar, Nicholas II, turned first earth at Vladivostok May 1, 1891.. -Oauge S feet Ralls 64 pounds to the yard. Stan dard In America 90 pounds. . -., . Single track throughout. . Route-rMoscow to Irkutsk, capital of Siberia, across or around the southern end of Lake Baikal; thence (old route) by rail to Seretensk, by boat, the Amur river to '.Khabarovsk, and by rail to Kaidalovo; thence by new Chinese Kast em railway to Harbin; 'thence east to Vladivostok, or south, via Mukden, to Port Arthur and Dalny. A Merry Old Olrt. From the New" York World. Pstti giving a merry party on her 6lst birthday presented an object-lesson on tht folly of being older than one feels. S'i! As. V " v S - V$ ' " "' " V " I '( WHY FUR THIEVES WERE District Attorney Manning ' Says Kelly and Cullen Were Released Because of JInsufn- ' cient Evidence at Request of Agent District Attorney Manning has filed a not true bill In the case of Matt Cullen, alleged to have been implicated in the theft of furs valued at $3,300 from the stora of the Silverfleld Fur Manufactur ing company, at 283 Morrison street Cul len has not yet ,been released from the county Jail, but an order for his release will probably be issued late this after noon. In connection with the freeing of Kelly and the filing of the document which will lead to the release of Cullen. the district attorney makes the following statement: 1 . "SUverfleld's representative came In company with Day and Wetner, city .de tectives, to my office. These detectives had charge of the case. They, told me that under the circumstances, there being no corroborative evidence, Kelly could not be convicted, "though they believed him to be guilty." SUverfleld's representa tive stated that as conditions were it would be a shame If they could not be afforded an opportunity to get back their furs, which were valued at about $3,300, Day anl Welner both insisted that Silver field be allowed to recover his furs, because of their great value. REVELATION REVELATE TO SMITH (Journal Special 8errlce.) Washington. March 6. President Smith, of the Mormon church, resumed the stand this morning in the Smoot case. He was exsminea py worxnmgion. counsel for the defense. . Asked as to the number of poiygamlsts in the Mor mon church, Smith said that by a care ful census. In. 1890, there were 1,451 polygamous families in the states be longing to the Mormon church, but in October, 1899, the number was reduced to 1,643 by deaths, 760 removals from the republic, and 63 by divorce. In May, 1902, the original number was reduced 3 per cent, leaving only 897 still Hving, the great majority of whom are advanced in age. Since then many have died, and the indications are that the number will soon be reduced to sero. Senator Dubois took exception to the statistics on the ground that they were collected by the church itself. President Smith, however, aeciarea they were correct. ' Referring to Senator Bailey's query of yesterday as to whether President Woodruff's manifesto proposing polyg amy" was a revelation or merely pro duoed because of the adoption of the law against the practice, Worthlngton read from the sermon delivered ; by Woodruff ft year later In which ha de clared he had been led to issue his CAUSE ere aTnv goin to oe no nrrrr we wont get ter see Little Eva and the Shetland ponies ner the bloodhounds." This horrifying information was com municated to a, group of round-eyed urchins in front of the Marquam theatre this afternoon. "Uncle Tom's Cabin," with its bloodhounds, Markses, Topsles, cakes of Ice and blood-curdling climaxes, which was scheduled to appear this after noon, failed to arrive In time to give the WISHES SISTER : TO SUPPORT I W. BABBETT, AGES 65, ASKS OOTJBT TO OAVSB HIS WBALTHT IIBTSB to arm xzm $30 a mowtk so tut u vrruu vox eatb to SUCZ SIT A CXXAAB. While W. Barrett, age4jn4 In poor health says ha has been compelled to sleep In basements and anywhere else the night overtook htm he declares his sister, Xarlfa j. Falling, worth $100,000, has been living on the fat of the land. This Is the substance of an affidavit filed by Barrett in the county court this morning. He petitions the court for an order compelling his sister to allow him $30 a-month in order that he may not become a county charge and have to go to the poor farm. The petitioner gives his age -as 65 years and that of his sister as 60. He avers that she owns the property on the southeast corner of Fifth and Wash ington streets and has a monthly in come of not less than $300. Her resi dence Is at the Hesperian.. Barrett says she has refused to assist him In sny way. District Attorney Manning drew up the petition. HAS SCARLATINA; GOES TO SCHOOL Achlld In thi family of John Klldahl was permitted to attend school several days after It was afflicted with scarlatina, according to a report made to Dudley Evans, 'the County health officer, thle morning, and he Immediately went to Lents and .quarantined the Klldahl house. Evans learned that no , physician was summoned until last evening. There are three other children in the family. SIX MEN KILLED IN TRAIN WRECK , (J'litrnal Kpeolal Service.) . WellsvllleV' Ohio, March 6. Six men were killed and scleral injured by a freight train falling .into' Yellow creek, on , the Cleveland &' Pittsburg railroad this morning. . The traln and two en gines were on the bridge when it col lapsed. Floods were tht cause. - . BELATED NOT HELD "Under the circumstances I gave my consent that provided SUverfleld's prop erty was restored I would Interpose no objections .to' "Kelly going f ree, even though he were guilty. That is to say, that I. along with Chief of Police Hunt, Silverfleld, Day and Welner, would share my part of the responsibility, I did this solely 'and purely for the benefit of Silverfleld, who in a measure backed me through his representative to do so. "I intended, however, that this -man Kelly ; should go in the regular ways that he should M sent from the police court to the county Jail and set frea from there by my filing ft not true bill. .The release of Kelly in the manner in which he was permitted -.to go waa not of my. sanction or consent. Neither did I know that Kelly had been freed until my attention was called to it by a Journal reporter. ''"-.' "The reason" why I have filed a not true bill In the case of Cullen Is because I never could prosecute a man . who, played a minor part in a crime if the principal -offender Jiad been 'released. Besides this", there" was' no direct evi dence connecting Cullen with the actual taking of the property." DIDN'T manifesto through the guidance of the Lord. . . Senator 'Bailey pressed the point by saying he did not think much of a church that does not .get its doctrine until there Is a statute. This led Smith Into a long explanation of how the mani festo cam to be issued. In effect the statement was that the question was presented after the pas sage of the law whether members of the church should observe the constitu tional law of the land or continue to practice the law of, the church. The Lordi made manifest to Woodruff It was his duty to stop plural marriages. That revelation . was accepted by the church. Smith admitted he could have educated and supported his children without having new issue, but chose not to do that thereby violating the laws of Utah. The church gave him those wives and it would be inconsistent if It compelled htm to forsake them. . "The Lord gtveth, and the Lord tak eth away." quoted Bailey. . ., - "I don t understand It that way," re plied Smith. " ' ' R- He admitted that as the head of the church ne is defying' the laws of both state and church and there was nothing in the Woodruff manifesto In- dicatlng it was a direct revelation from God. . TRAIN A OF ANGUISH undred-ehHdren weref doomed to disappointment and this after noon the clerk in the box office had the unenviable Job of 'paying back the sav lngs of the small boy who had been an tlclptftifig the time of his Jife. Every seat in the house bad been sold for the mati nee. . - - ,The compsny will appear this evening on schedule time,' but because of a de layed train the- afternoon performance couia not pe given, sued by: BXOTOB ABU WABSEVfl 01 ST. BATZSV CHTTBCH ABB BVXO BY TOBMBB OBQABTST O. XBXMAK 2TOS ALMOE0 BBEAOX OT COB TSAOT. Tor alleged breach of contract Gus tavus Eseman, at one time choirmaster at St. .David's Episcopal church, has sued the rector, George B. Van Waters, the wardens and the vestrymen of .the parish to recover$220l Complaint was filed in the state circuit court this af ternoon by Attorney Claude Strahan. About a year ago Gustavus Eseman entered Into a contract with the vestry men of the church by which he was to be omyloyed as organist and choir master for one year at a salary of $10 a weeK. The contract was signed by Dr, George B. Van Waters, the rector, C. Al len Merriam, the clerk, and Oustavus Eseman. , About September 87, 1903, it is al leged Eseman was '-wrongfully dis charged and that the grounds given were that his music was not satisfac tory. The complaint charges: The rector together with ceraln mem bers of the board of wardens and vestry men of the parish of St. David's con spired with one Letter for the purpose ana intent to procure the plaintiff's (lis charge for the purpose of installing jueiter in nis place, ana that after Ese mans aismissai seller was hired as choirmaster and organist. , Eseman de clares he tendered his services since his discharge and has himself lived up to the terms of the contract. HOUSE COMMITTEE SQUELCHES INQUIRY (Journal 8pMI Hrrvlre.) ' Washington, March. 6. The ' house committee on postofflce affairs by unani mous vote' decided to report to the house the Hay resolution cabling upon the pogtmasbrr-general for information bear ing on the charges that members of congress have violated laws or postal regulations by renting .buildings to-the department or by influencing the allow ances of salary , clerk hlre(i with the recommendation that It lie on the table and that the report be accompanied In this disposition by the communications from the postmantpr-Rpneral on the sub ject,; which have already, been, received and which are really necessary to the Inquiry. All this , corresoondence will be made public Monday. . CHURCI OFFICERS MARCH MOST TRYING '!,'sJWpNTHJOF'tJtR ' Unless the System Is Built Up and Sustained by . Duffy's Pure The World's Famous Spring Tonic and Stimulant, - The Ktamlar excellence for nearly half a century, Used by over 7,000 leading doctors and more than 2.000 hospitals, and hi mil lions of homes, as a gentle tonic, stimu lant and invlgorator, the one certain oure and preventive of disease. " ' The strain of the long, cold, trying winter leaves the vitality at a very low ebb, and unless the blood is at once en riched, tha circulation strengthened and the whole system put into perfect con dition to overcome and resist disease by taking Duffy's Pure Malt Whiskey as directed, the blustering, changeable March weather will prove fatal; or wo will contract some chronlo disease of tha throat, lungs, stomach, etc. i YOU NEED NO OTHER MEDICINE Duffy's .Pure ' Malt Whlskev prevents and cures coughs, colds, bronchitis, ca tarrh, grip, pneumonia, consumption and ail inroai ana luna trouDies: lnaiirestion. dyspepsia, . sour stomach, gastritis, Detuning ana tul stomach diseases; ner vousness, malaria and all low fevers. ' It builds up new tissues, tones up the heart, invigorates the brain,, quiets the nerves and strengthens the muscles: it kills disease germs of every description, lurines me oiooa ana cleanses mt en ire system. - It keens, the old younz and makes the young strong. flR. WV B. WILSON . Brother of Faancis Wilson, the Famous Actor, says: "Duffy's" Pure Mall Whiskey Saved My Life. "I cheerfully recommend Duffy's Purs Malt Whiskey to all who ara suffering from any disease that has brousrht about a weakening of the system. It saved my ure. wnen l startea using u i was a weakling and weighed 135 pounds; now I tip th scales at 220 and am strong, robust and healthy. "From the first dose 1 began to feel better, color came to my cheeks, my step became elastic, and I never felt better In my life. -I firmly believe that had it not been for Duffy's Pure Malt Whiskey I should now be in my grave. Made My Wife Strong. "My wife was sickly and pale, and weighed less than 100 pounds. .Nothing IIP TO SUPREME COURT'S DECISION TBABSCBZPT OT PBOCZZDHrOS Or HVBXCXPAX 1BAOUB AOAXBBT TKB CTTT OrriCXAXa AJTD X.OCAX QAMBX.EBS !S2TT TO SUFBZKZJ COUBT TODAY. The trancrlpt on appeals of the legal proceedings brought by the Municipal league against Mayor George IL' Wil liams, Chief of Police Charles E. Hunt, Municipal Judge H. W. Hogua and the city executive board, to enforce the laws against gambling, went up "to the state supreme court from tha state circuit court today. Notice of appeal was filed on January 23. i Mandamus proceedings were instituted on the ground that gambling in Port land ! in violation of the city charter. namnn of the violators or the law given were jonn i nomas, ug run were street; H. Shapiro. 185 Third; George Fuller; FredPrlU, 242 Burnslde'. E. Bla ster, 248 Burnslde: A. D. Martini, SI First. It was explained that "John Thomas Is a fictitious name used on the police books in connection with the Portland club, conducted by Peter Grant, Jack Grant, Lawrence Sullivan, Harvey Dale and Nate Solomon; also that many others whose names had not been se cured are. engaged in conducting gam bling games in the city. A demurrer Interposed by the defend ants was overruled and an alternative writ of mandamus was issued by the court December 31. A demurrer to tlie writ was also overruled, whereupon a notice of appeal to the state supreme court was taken by the officials. - The case did not come to the attention of the higher tribunal,' however, until to day,' when the transcript waa sent up from the state circuit court It Is understood that the Municipal league will not bring anything relative to gambling before the grand Jury, which will bo drawn In tha-state circuit court Monday morning. ' M. J. DELAHUNT HAS FILED HIS ANSWER In his a'nswer to the suit for divorce filed by Mary Delahunt in the state circuit court, Matthew J. 'Delahunt de nies that he has ever treated her cruelly. He declares that he took Sadie Conway, who made an affidavit in the case, into his house at the express wish of Mrs. Delahunt.' ' v "To show her gratitude for kindnesses received." reads the answer in reference to Miss Conway, "she, . in the fullness of her soul and magnanimity of her heart, has counseled, advised and " In cited my wife to. the extreme she 'has in instituting these proceedings, with out having, as affiant well knows, suf ficient foundation therefor." J. - Delahunt further asserts that, he has always provided well for his wife, though he says she has lived beyond his moans. He submits affidavits from friends and merchants to show that she has been permitted 40 order anything she wished and that he always paid the bills. He de nies that he ver ordered her from home and says she left of her own free will, His property, he declares, is worth only $8,000, Instead of $12,000, and he draws a salary, of only $2,500 ft year, instead of $5,0U0. SOCIETY SPENDS MUSICAL EVENING The Literary, society entertainment at Hayward auditorium, University Psrk, last evening-, was well attenned. The program was as follows; ; ' ( 1 Instrumental selection, Mrs. Coovert: song. "Come Where the Lilies Bloom," by the Literary society quartet; mono logue, "The Debutante." Miss Welch of Mrs, GIUeBpie's School: of Expression; recitation, Mr. Lynton Athey; selection by, the Woodlawn Mandolin club; vocal solo. Karl Glos; ' mandolin and piano duet, by Messrs. Fisher and Kyart; reci tation, J. B. Easter; guitar selection, Mr. Haner, In addition there were- "Shadow Pantomimes," trick music by tha Rob inson brothers, and selections on -the Victor talking machine, by Mr. FitiUer. Malt Whiskey Seemed, to do her any good, but, thanks ;!j to Duffy's Pure Malt Whiskey, the is now in perfect health and weighs ISO pounds. We never tire of recommending Duffy's, because we know its worth." W. B.' Wilson, $4 .Miami Avenue, De troit, Mich. v ' -1 ; We receive thousands of just suoh letters from ; men and women every where who have been cured and kept strong and healthy by Duffy's Pura Mult Whiskey. Every testimonial is pub lished in good faith and guaranteed. Duffy's Is absolutely pure, contains no fusel oil, and is tha only whiskey recog nised by the government as ft medicine. This Is a guarantee. .-. -j- : , CAUTION When you ask for Duffy's Pars Malt Whiskey be sure you get the , genuine. Unscrupulous dealers, mindful of tha exoellenoe of this preparation, will try to sell you cheap imitations and : malt whiskey substitutes) whioh ara put . on xna mavines iujc ycuu. wmji -w u, fa from relieving: the sick, are posi tively harmful. Demand "Duffy's" and be sure you get It. It Is the only abso lutely pnre Molt Whiskey which, oou tains medicinal, health-giving qualities. Duffy's Para Malt Whiskey, is sold in sealed bottles only) never in flask or. balk, took for tha trade-mark, the "Old . Chemist," on the label,- and be cestaiu tha seal over the oork is unbroken. Be wars of refilled bottles. Sold by all drug-gists and grocers, or direct, $1.00 a bottle. Medlc-al booklet free, puffy Majt Whiskey Co.. Roches ter. N. T. ,i : .,-.-,-.!. . i - if SIX DOCK HANDS JUST HISS DEATH run Boor to wabhtjtgtos TBirr Doom: bbtbaboz! cox.- . ZAPSZ8 AB1 WOBXMXIT BASELY MISS BEXBO CBTSBXD BY HEAVY TXMBEBS. -7 Without a moment's warning the false roof .underneath thej driveway to the ; entrance of tha dock at the foot of Washington street collapsed th!a morn ing and about half a doEen men who had Just passed under the"' -structure narrowly escaped instant , death.- One of the timbers was a big beam 20 feet In length and It Inches square at each end. They came (down with a. great crash and those in that vicinity thought the entire dock was falling. An exam ination of the timbers showed that they were seriously decayed. -Although ttterlyerhaa Jbggn-lmosl up to the first floor of the docks tbe high water .has had no material effect upon them. They stand firm as ever and there is not the slightest danger of any of them collapsing. During the past 24 hours the Willam ette has risen 2.2 feet at Albany, but the weather bureau believes that the river . will-remain stationary at Port land. Its stags here this morning was 11.3 feet which represent a fall of .2 of " ft foot since yesterday. . But Owing to the warm weather the snow is melting in the foothills and hlgfi water Is ex pected for a week or two yet,, Another big storm is raging off tha coast. District Forecaster Beals order ed storm warnings displayed last night' st the mouth of the Columbia, at Aber deen. Wash., and at Juan de Fuca strait This morning wsrntngs ara fly ing at every point in the district Off the mouth of the Columbia last night the wind's velocity was 80 miles an hour, but this morning it had fallen to 60. It is 48 mile an hour at TatooMi island. The bar Is rough and there will be no ships arriving or leaving Astori today. - .- ' ' OREGON SETTLERS COMING SPEEDILY Every train Into Portland today, ovor the Northern Pacific and tha Oregon. Railroad A Navigation lines, carries ex tra coaches laden wyh , homeseckers, from the middlewest Today 126 settlers, who came In yes terday and early -this morning, departed oh Southern Pacific trains for point in the upper Willamette valley. : Yes terday afternoon 28 left the city. No. 1, the North Coast Limited,. of the Northern Pacific arrived at 10 o'clock, over two hours Into. No. S, due hint night at 7 o'clock, did not arrive until 5 o'clock this morplng, and consisted of If coaches. When- leaving the sound it was in two. sections. About 250 settlers arrived on the Northern Paclfio trains. O. R. & N. train No, 5, due at o'clock this morning, did not arrive un til after 3 o'clock this .afternoon. It ; carried several extra coaches. ,. No. 1, is due st 6:30 o'clock this afternoon end will arrive In two sectlohs. ; :' . Assistant General Passenger Agent A. D. Charlton of the Northern Pacific said this morning: ' y "All trains tonight and tomorrow will also bo in two. sections, -It. la Impossible to state Just how many settlers nri coming through Portland, WATCHMAN SAVES DROWNING MAN An unidentified man was saved from drowning yesterday byv J. Bwarts. watch- ' man on board the British bark Thltle bank, which 4s lying at the Pins stroet doek. While pacing back and forth on th deck the watchman's attention was di rected aft where he heard a splash Jn the water. - He peered over the sldo' of ' the ship and saw a man struggling In' .1 tha water. A rope stepladder was thrown him. He managed to, grasp It and crawl on board. ; . " j t , , After drying his clothes In the for-', castle the stranger went; ashore. He declined to state how the accident liap- pened or to disclose his Identity.