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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Aug. 8, 1904)
THE OREGON DAILY JOURNAL, PORTLAND, MONDAY EVENING. AUGUST 8, 1904. JUDGE WILL END : M'CARTHY'S REPOSE . i . ," Summary action, wss taken this morn- Jng by M. C George, presiding Judge n . the circuit court, on learning of tha , dilatory action of tha authoiitlea la tha cass of John McCarthy, ona of thoaa guilty of the theft of fura from O. P. Rummelln Son. Whil tha ssntenc t of McCarthy haa bean postponed for two and one-half months, after he waa allowed to plead guilty In secret, rely ing on tits -woftTthat hla "pals", would bring back the remainder of the stolen Varment in tha meantime the man haa . dona nothing aviaeneing nia gooa men tions in tha matter and haa put In hla whole time planning to broek jail. , Calling up District Attorney Manning thla morning. - Judge George Informed him that unless good reaaon could be shown, McCarthy muet be brought be fore hlra and aentenced without further oaa or time. nMtnnnj1 aamtanca In tha case of thla man by request of Deputy Dletrlct Attorney Adams and tha deteetlvee." said Judge George. "They told me that hla companlona In crime would return tha remainder of tha stolen furs. Mc Carthy baa been in the' county Jail now for two and a half montha alnce ha pleaded guilty, 80 far ss I can learn, Mr. Rummelln ia no nearer securing the stolen furs than ha waa before. "In tha meantime McCarthy's name haa been connected as a ringleader with every attempt made to break Jail alnce he has' been Incarcerated. A., dosen stories about trouble In tha Jail have JOHN HAUL'S CHANCES ARE NOW VERY GOOD " Before tha sun sets this evening John Ball will probably receive the unani mous endorsement of ths Oregon eon- ' gresslonal delegattoa for reappointment as United States district attorney. For many months tha delegation has been In a deadlock over this appointment, but unless unforeseen developments arias . it will terminate this afternoon In Hall's favor. His only competitor for the place Is Judge J. C Moreland. who has been backed by Senator Mitchell and Con gressman Williamson, whlls Senator Fulton and Congreasmsn Hermsnn hsvs advocated the appointment of Hall. With the endorsement of ths entire del egation Hall will undoubtedly be reap pointed, for It Is well known thst Presi dent Boosevelt and the department of justice are desirous of retaining blm in office. 1 1 1 Meeting of , Delegattoa. Tba delegation assembled st 10 o'clock this morning at the Portland hotel for the purpose of settling this snd other questions of federal patronage which , were still' undisposed of when they- left wkinvtnn- Congressman Hermann ar rived on the morning train from Rose burg, Congressman Wllllamaon came down from eaatern Oregon and Senator Fulton and Senator Mitchell came from Astoria last evening, the latter having been spending a few daya at the sea side, A number of would-be postmss tera and other aspirants for government Jobs were awaiting them, eager to preaa their' claims. Ths delegation was in session for two hours this forenoon snd .reassembled Immediately after lunch. When they adjourned at noon . littls had been- ec-, compllshed xeept-to agree upon two postofflce appointments . In Congressman Hermann's district snd ths important matter of agreeing upon a recommen dation for United Statea district-attorney waa leff.untll afternoon. Other ap pointments to be determined are the collector of port at Taqftlna bay and a ' deputy collector In the internal revenue office, tha latter vacancy arising from ths reslgnstlon of J. J. Shipley, who Is now aaalstant poatmaater.- . lager's taad-Ia TttaL Apparently the only contingency which would defeat John Hall for reappoint ment as United States district attor ney would be a change In the attitude of Congresaman Blnger Hermann. Up WasTrtngtonYAugXI.Cneklb Bay. th Turkish minister, called at the state de partment thla morning to Inquire wheth: er the published statement that the Eu ropean squadron of ths United States navy had been- ordered to Smyrna aa a menace to Turkey waa correct He waa informed, that the visit of the American ships to Turkish waters was 'In accord ance with a prearranged schedule snd should not be considered a menace to the Ottoman government In addition, however, he was told that ths United . States would insist strenu ously upon her rights and upon a com pliance with her request with reference to trading claims snd the proper protec tion of American Interests. It is understood that no further In structions will be sent Minister Lstsch tnan until after ths srrlval of ths squad ron at Smyrna. CIRCUS TRAIN AFIRE; ANIMALS IN PANIC (Jnsrsat Special Serrtee.) . Ogden, I'tah, Aug. I. Sparks from the locomotlye Ignited hay on the train carrying Rlngllng Bros', circus, en route te Wyoming from here. The firs caused a panic amona- T,ho animals. Eleven ring horses were burned to death and many others were injured. BOBBED rZBTKOUSB. . especial Dtspstrk te The Joarnel.) CorvslllB, Or.. Aug. . A robbery which causes smusement occurred last night. SL Bradley, a section foreman on the S. P., is in the pesthouss nflrth of town with smallpox. Someone stole his supply of provisions. Bradley sent to the chief of police to bring his brsakfast this morning. Good-enough tea and cof fee, five ' and four kinds -1 Schilling's Best at fair prices; money-bade NQUIRIES been brought to my ears, and in every one pf them thla man McCarthy haa figured. I will brook no longer delay in hla caae." ' , - Mr. Manning explained that one of Ma deputies had bean In charge of the caaa and la now out or town. Ha explained that with tha vaat amount of bualneaa going through bla ones he had not been able to keep tab on all cases himself. He promlaed that immediate action abould be taken aa regards McCarthy. A peculiar feature of tha affair la that Jamea Coleman, arrested with McCarthy has lain in Jail the aame length of time and haa never been brought to trial, though ono full Jury term haa slipped by during the period he haa spent in Jell. It is suspected that Coleman managed to hand the detectives ths sumo kind 'of pretty package, tied up with aa attractive verbal string, ss did McCsrthy. McCarthy tias an exceedingly bad rec ord. He has been In trouble at Spokane and at Seattle, bearing the marks of ona encounter with the authoiitlea at . tha latter place. He alao served time In a atats penitentiary in California for be ing one of tha members of a gang that tunneled from a saloon under the First National bank at Los Angeles, with the Intention of' drilling through a steel vault. - When he was arrested by tha detec tives hers ha dropped a bundle ho was carrying and pulled a revolver, but was "floored" and manacled before "he could use It ' -; . ' to the present time Hermann has sided With- Senator Fulton in advocating Hall's retention In office. Harvey W. Scott undertook to swing Hermann's vote to Judge Moreland and wrote a letter to tha congressman asking blm as a per gonal favor to support Moreland. There is reaaon to believe, however, that tha editor's appeal was unavailing and that Hermann wlU stand by his original choice. If Hermann stands pat It Is expected that Senator Mitchell will realise the futility of further efforts in Morelsnd's behalf, and will cast his vote for Halt The deadlock will then be broken and the recommendation will be made unan imous" In local Republican circles Moreland's chances have not been regarded as bright since ths campaign that preceded the June election. He made no secret of Ms hostility to ths party nominees for district attorney and sheriff, and this was made tha baals of strong charges of political- disloyalty, which have probably had some weight with the delegation. . Another Warm Contest. Next in Interest to the appointment Of United States district attorney la that af collector of port at Y equina. There are several aspirants for the place. C. B. Crosno, ths Incumbent wants to hold hla Job. W, Tyler. Smith of Tamhtll county la a candidate for ths office, but his political prestige wss considerably Impaired by hla failure to secure a re-nomination- for state senator st ths state convention. B. F. Jones of Lincoln is snxlous to get on Uncle Sam's payroll In some capacity, and would like to havs slther the eollectorshlp st Taqulna or the vacant place In the internal revenue office, but unfortunately for his aspira tions Jones played faat and looas In the senatorial ' contest at ths last regular session of ths legislature. Jones Is said to have promised repeatedly to east his vote for Fulton, but ha felled ts do so, snd the fact has not been forgotten. Jones hss the strong support of Blnger Hermann, who baa been under consider able obligations to him. but this Is not likely to avail him much. Another can didate for ths Xaqufna office is Penny, formerly employed In ths mail service on the Taqulna road. - Vacancies in ths postofflces at Forsst Orovs snd HUlaboro will arise four or five months hence, but they will not be considered st this time. ... DISSENTS FROM RUSSIA'S PROPOSAL (Jorraal Special Berrlee.) Shin gtonr D- C. Aug.LIfl force ful but diplomatic language the United States government has declared to ths world that it cannot assent to ths gent eral proposition made by Russia that coal Is contraband. This announcement Is msds In a circular nots from Secre tary Hay to the American ambassadors in Europe, dated June 10,. and was mads public this morning. I Hill's International law is quoted to show that durlnai the West African con ference In 1884 Russia took -occasion to dissent vlgorouely from the Including of coal among ths artlclea of contraband Of war. Hay's .note further says It Is understood that It Is, Russia's Intention to declare cotton contraband. Such policy he aaserts would Imply that every article of human use might be declared contraband, almply that It might ultimately become useful to a belligerent power for 'military purposes. 300 PIECES OF SKIN ' GRAFTED ON BODY (KperUl Diapatrs te The Joarnsl.) " Red Mountsln, Waah., Aug.-K.After suffering extreme sgony and undergoing operations for the grafting of more than 800 pieces of skin on different parts of his body, 8. H. Tweedell Is now on ths road to recovery. Isst February, Tweedell waa severely burned In a lime bin, through an acci dent and for many weeka hla life haa Jen despaired of. Friends came to his rescue wun portion 01 uivir mikj the attending surgeon now pronounces him out of danger. BXTSTIXU MAJT DTBAJPFBABS. - Rnerlal Ptspatui te The J oar sal.) Rltsvllle, Aug. $. J. F. Hoffman, a well known cltlsen, disappeared yes terday, leaving a fine threshing outfit snd many runs. He Is Well fixed financially, and It la thought ths intense heat prob ably unbalanced him mentally. TOVTWGI MOT YBBircXD. . . (Jflsrsal Special Service.) " Washington. D. C, Aug. I. Ths stats department haa no confirmation yet of tha report that the - American consulate In Bogota wss stoned Inst Friday and A. O. Snyder, charge d'af? falrea, had been obliged to ask fur troops to. protect blm. ' - FIRST NAMES ARE AT nunu OK , QVAMB at ion stxzx. wxu niuii vmva ur RXIH 10, WKXV AXX.OTMMTS OV X.AJTD WII.Ii JtATB BXXaT COM nmo, J ;:,, (Journal Special Berries.) Bonssteel, 8. D. Aug. I. Ths town of Boneeteel la under martial law and will remain ao until September 10, when the period for filing clalma to the Rosebud land will exnlre. Several , iroopa 01 state militia are her. Their duty Is toiand pointa, 1.800 tona are for Portland keep close guard, over- the land office, where thouaanda of dollars, will be de nnaitad dallv during the filing period. and to aee In general that order la main tained throughout ths town. 8peclal cars will be taken to prevent the lawless element from gaining entrance to ths town, ths orders. Issued to the troops re quiring them texmeet each arriving train and to ses that no passenger Is permlttsd to alight unless he csn prove that ha comes on legitimate bualneaa. The plans for tha preservation of order have been carefully laid and the authori ties do not apprehend any serious trou ble. ' " Beginning today. 100 names win om drawn each day until, the reservstion landa "are entirely appropriated. Each person la required to be preaent to re spond when his name is called. In cass there la a failure to respond, tha name will be passed and. again called in the evening. Just before the closing of ths offlca for ths day, and a second failure to respond will forfeit all lights ac quired by ths drawing. Aa the drawing reauus in no uiii, bnt merely places In a .particular nu merical order all the names registered, ths Itst is unlimited from which to call for filings, but ths first S00O nsmes will without doubt sntirsly exhaust- ths lands. . . dstxui JjAica bAjn onrava. Besrlstxattoa for Olaon Brings Bif Busk of Momssoeksra. " (Joarnsl Special Servles.) Orand Forka. N. D.. Aug. . Registra tion for clalma on ths Devils Lake In dian reservstion began today, and as a result this vicinity is witnessing a land rush similar to thst which recently took plaos on tha opening of th Roeebud reservation. The registration will con tinue until August 14. . Ths drawing to determine in what order claimants may file on the reservation lands, which will be conducted. by the' commissioner of -ths general land office, will begin at Devils Lake on September S. Ths reservation thrown open -to set tlement embraces 88,000 acres. - Ths tract Includes ths old Fort Totten mili tary reservation aa well as the lands oc cupied by the Slsseton, Wahpeton and Cut Head bands of tbs Sioux Indians. Ths entire strip Is thrown open to set tlement with the exception of 4.000 acres which Is reserved for ths allotments of (1 Indians, and Sully's hill, embracing 940 acres, which Is to be reserved by the government for a public park. The land la mora expensive thsn the Rosebud lands, ths government requir ing that 84. SO per acre be paid by home steaders who ars fortunate enough to draw a quarter. Of thla sunt f Ltd per acre muat be paid when the person makes his entry snd 50 cents a year per acre thereafter until paid. - COMMITTEE PREPARES JO NOTIFY PARKER (Jownal Special Service.) Esopus, Aug. (.Ths yscht Sagamore, with 88 members of ths notification committee and prominent guests, will bs here Wednesday at 1:80 o'clock. Prepa rations are being made today for ths committee's reception under ths spread ing trees that frlngs the lawn. 'The committee will sit snd listen to Champ Clark telr Parker he -waa nomi nated and receive from tha candidate his words of wisdom In reply. Ths seat of honor next to ths Judge himself will be occupied by the candi date's aged mother, who frankly con fesses thst Wsdnesday will bs ths proudest day of her life. - It ia unusual ly dull at Rosemont today. HOTEL MAN SHOOTS SOLDIERJN THE LEG (SpecUl Dispatch te The JearaaL) nrtMA.i fa rv in s . a aAiai. named Flannlgan7belongIng to the gar rison here, la undergoing treatment for a gunahot wound in the thigh, and pro prietor Clark of the Colwood hotel, nine miles from this city, is charged with In flicting the Injury. Yesterday afternoon a party of sol diers attempted to force sn entrance to tha hotel and Clark resorted to the uss of a gun. Clark aays bs acted In self defense snd has been releaaed on ball. ARSENAL AT TOULON - SUFFERS FROM FIRE ;' ' . (Jrsal Special Service.) " Toulon, Aug. 8. Fire broke out In the arsenal here thla morning, but waa con fined to the general workahopa. The buildings destroyed consisted mostly of warehouses containing storea Eight persons were injured. The financial loss has not yet been estimated. Admirals, soldiers and sail ors fought ths firs and removed ths ex plosives. Schedule of Reamer T. J. Potter. The seaside simmer T. J. Potter will lesve Portland. Ash street dock, for Astoria and Ilwaco as follows: August . Tuesday, 4:48 a. m.; August 10, Wednesday, 7:80 a. m.; Auguat 11. inuraaay, a:ie a. m.; August 11, iti day, 8:00 a.- m. August 18, Saturday, :00 a. m. 1 Oet transportation and berth tickets st a R. A N. ticket office, "Third and Waah lngt on streets. ZSOAFBS FBOM JAX1V. (Special Plapateh te The Joarnsl.) Nes Perce, Idaho, 'Aug. I. Dode Rey nolds, who wss In Jail here for selling liquor to the Indiana, mads his escape Saturday. Frlenda on ths outslds re moved the lock from ths Jail door. FOBK BUB? TBBOVOB UH. (Special dispatch te The Josrnel.) Valley. Wash, Aug. 8. Albert Drot had a big stscklng fork run through ths calf of hla leg' while harvesting near hers Saturday. While painful, ths In Jury ia not considered serious. A laav liver makes a lasv man. ..Bur dock Blood Bitters la the natural, nsvsr failing remedy for a isxy uver. NIC01DIA SAILS- FOR THIS PORT won BKcrarrzo Tatar obxsittax, una iru com szuotx.t to fobtlavd wttm avisos oaboo mo TssntJi un okajv TXBZ9 FOB OBCUVT. A csble received this morning state that tba oriental liner Nlcomedla sailed from Yokohama Saturday morning for Portland direct The information la also given that ahe Is bringing 1,871 tons of cargo, of which l.7 tons srs tor over and Puget sou ad and 400 tona ars for Ban Francisco, There la also a ship ment of four- tons of raw silk which Is consigned to a New York firm. The greater part of the shipment for Portland snd Puget sound consists of sugar. It Is stated that the ateamer is bringing a larger quantity of thla pro duct than haa been brought at any one time on either of the other frlghters of the same Una The big Importation of augar la said to be due to (bs high pries at which It is . selling locally. Tea makes up the bulk of the shipments con signed to eastern pointa ' It is not generally believed that ths steamer will bs bothered by the Vladi vostok squadron. If sn ordinary pss sage Is mads the Nlcomedla will reach (he Columbia river on or about Auguat IS. A full cargp for Hongkong Is await ing her. - - , , Manager Schwerln of tha Portland Asiatic Steamship company has so far failed to chars tef a vessel to dispatch froVn Portland to Japan, but at the local office of th Una it Is believed that he will finally succeed In doing so. The ex porters having orders to fill for Japan ars becoming discouraged over he out look. One of them stated thla -morning that If the matter is not definitely sett tied by tonight that he will take atepS to aecure spacs on ope of the frleghters scheduled to sail from ths sound. Japan will Impose a duty on flour Im port a, beginning October 1, and all of the shippers srs anxious to fill their orders before that date. It is explained that It will be an eaay matter for them to do ao If the local company will have a vessel ready to sail from here this month. ' If there is not Something of a definite na ture relative to ths proposition soon dons ths belief Is prevalent that all ths ex porters will send their product by way of Puget sound. . FEWER F1RETRAPS FOUND THIS YEAR City Fire Marshal. W. R. Roberts hss Just completed the inspection of all ths buildings within ths lire limits and to day bs began ths inspection of the churches and public institutions throughout tbs whole city. He found the buildings In a better condition this sum mer than he did lsst and states that tha resident owners ars taking a greater amount of Intereat In keeping their property in good condition than haa been manifest heretofore! 1 He hss had vary littls trouble with property owners in getting' them to.com ply with the city ordinances this sum mer, for they 'reallss that to keep the city well protected from Are they muat have fire-proof buildings. Whenever he has msde recommendations - for Im provements ths clflxens have usually been quick to comply. During the six months ' ending with Juns 1 hs condemned it wooden build ings within ths firs limits and at ths present time he haa several other wooden structures, which ars veritable Are traps and menaces to ths business part of ths city, under tnvestlgstlon, Mr. Roberts thinks the new building ordinance and the new theatre ordin ance will be of great benefit to the city. "The cltlsens," said Mr. Roberts, "srs coming to realise the fact that Portland needs better fire protection - and they feel that the new ordinances providing for ths building of firs-proof buildings Is a splendid thing or the city.". BIDS FOR CEDED LANDS ARE OPENED (Special Dispatch to The Joarnsl.) Oregon City, Aug. I. Blda for the tCTded1anagtirths Grands Ronde res ervation were opened at 1 o'clock this afternoon by the register and receiver of the local land office, under the direction of Special Agent Thomas B. Neuhausen. Ths total of bids received wss 820, ths largest smount arriving today. . As far as counted this afternoon the price per aero ranged from 81.15 .to 18.60, with some higher than the latter. There ars About sight big bids, but ths names of ths companies had not been reached In the count. They ars probably lumber companies of Portland and Astoria. It 'Is reported thst both ths local paper mills hsvs bids In. Bids were opened In the presence Of a number of interested 'parties. The ex amination of blda will take all afternooii and probably a part of tomorrow. . DRUNKEN BOY IS FOUND BY POLICE ' A boy 10 years old, too drunk to tell his name, was found today under the dock at ths foot of Jefferson street by Policeman Carr. He was taken to the police station and a search of hla cloth ing failed to discloss anything thst will establish his Identity. Hs will bo held until he sobers up and a rigid examina tion will be made by ths pollcs to leant where be got the liquor. He hsd a num ber of companions, ons of whom was drunk, but other boys succeeded In get ting him away before ths arrival of ths policeman. , OBYOAOO VBZOBB SOUS'." (Josraal Special Brrvlae.) - Chicago, Aug. 8 Unanlmoua Indorse ment of ths packing-house strlks was given by ths Federation of Labor rep resenting every union In Chlcsgo st a meeting yesterdsy sfternoon. Thar fed eration voted a special assessraeat In aid of ths strikers. . TAIBBABKS TBB OBATOB.. (Journal Special Service.) Ma rye vllle, o., Aug. . "Old home week," for which preparations havs been making for some flme, opened hers today with ths town crowded with former sons snd 'daughters, who will spend the week in reunion with relatives snd frlenda Senator Charles W. Fslrbanks, Repub lican, nominee for vice-president, hss promised to deliver sn addrsss hers-the latter part of ths week. - SKULL CRUSHED By HEAVY STONE JOB3T XXABS ZXCITXI ZBB OF TWO BOVOBS . BY CBABCa BXMABK ABB TBXT ASSAU. BIX WITB BOOKS BIS COBBZTXOX IS TXBY " CBITXOAXb ." ' With his skull crushed In and bis brain exposed, John Kearn Ilea on a cot at the North Pacific aanatorium. tha vic tim of what the police declare Is a most brutal assault perpetrated by George Mulcher and Adam Baum Friday night st Sixth and Falling at reel a Dr. W. B. Hamilton, the attending physician, states todsy that his patient is in a very seri ous condition and that death is likely to result. Today tha bonds of ths young men under arrest were raised from I250 and 150 to 81.000 each. Deputy District At torney Haney fearing that hs may havs to -prefer a charge of murder against them. Attorney Pipes, counsel for the defendants, took chargs of tha cass this morning and readily consented to ths In crease In ball. According to the statements of Police men Croxford and Adams, ths arresting officers, Kearn was . sssaulted by ' the men without further provocation thsn to remark' that they had no business to batter down .the door of Sinner's saloon, three doors distant from Kearn a resi dence. At that,. the officers say. ths young men started to throw stonss at Kearn. and ths third ons struck 'hlra In thS forehead. His wife, who rushed to his asslstsncs,i narrowly escaped being hurt also. Dr. Hamilton operated on .the injured man early Saturday morning and re moved IS pieces of bono from his skull. leaving the brain exposed: "Ths row occurred because Proprietor Sinner of the aaloon refused to sell any more drinks to Baum and Mulcher," aald Policeman Croxford. "They battered down hla door and were walking away. whan Kearn remarked to his wlfs that thsy hsd no right to act as they did. They took exception to ths remark and attacked him.". PUMP MAN FOILS TRAIN ROBBERS (Joorasl Spectal Barries.) Cheyenne, Wyo., Aug. 8. Shortly be fore daylight this morning Avs bandits attempted to hold up ths Atlsntlo ex press at Assay, two ' miles - west of Oreen River, on ths Union Pacific. . Ths outlaws turned a switch Intending to wreck the flyer on a short siding, but ths pumpman discovered the plot and got word to ths trainmen of ths express, which approached swiftly. - Ths robbers shot ths pumpman, who will probably die. posses srs out from Oreen River, Rock Springs, Rawlins and ths Union Psclflo posss of trained rangers, on fast horses, havs started on a special train from Cheyenne for the scene. An attempt will be mads to head off the outlaws before they reach tha Sierra Madrea It la believed they are members of ths gang that recently help up the Great Northern and. Rio Grands trains. . .. - DYNAMITE CARTRIDGE STOPS KING ALFONSO . (Journal Special Service.) San Sebastian, Aug. 8. The Journey of King Alfonso to ths opsn exhibition st Vlttorta has been deferred owing to the discovery of, three dynamite cartridges in ths royal train. The finding of these sxploslves adds interest to ths rumors that havs been current sines ths assassination of Minis ter Plehve, since which ttms reports havs been circulated that the police had secured Information that many ofthe crowned heada were slated for death at tha hands of aasaaslna. STREET CAR KILLS NINE-YEAR-OLD BOY (Hperlal Dispatch to Ths Joarnsl.) Seattle, Aug. 8. Clifford Greens, 1 years old,' wss crushed to death under the wheela of a university car this morning about J o'clock. Ha was riding with bis fathsr on ths seat of a grocery wagon, which wss struck by ths car coming down Esst Lka avenue, be tween Valley and Ward streets. Ths father Jumped out of danger. . The littls boy wss In ths wsgnri when the collision occurred. ThS city has been doing some grading st ths street Intersection and ths street cars . run down the steep hill. v Mr. Greene was driving up the street csr track and was unabls to avoid the fast approaching car. , ICE WAGON MEN INVOLVED IN STRIKE a 11 4 (Joarnsl Special Servles.) Chicago, Aug. 8. An order was sent out today after a conference of the strikers' board for ths ice wagon drivers to aid the stockysrds' strikers by refus ing to deliver to sny of ths branch mar kets of ths packing companies or any meet dealers. Ths order may extend throughout the country;' Ths situation at the yards this morning Is quiet and unchanged. More nonunion help srrlved and was placed to work. - KILLED BY KICK IN THE STOMACH (Special Dispatch to The Journal.) Baker City, Or., Aug. 8. Early Sun day John Anderson was picked up on the street of Sumpter dying. Anderson snd Mattson, another Swede, cams to ths city Saturday from camp and got to drinking. He had a row In a dsncs hall and wss thrown out. Anderson died last night fram a kick In the stomach. Ills assailant Is unknown. Ths coroner's. In quest to determine ths cause pf death la In progress. Cures all Kidney and, Bladder "DiacaaeaGuaranteed For Sale by WOODARD, , CLARKE & CO. nd LAUE-DAVIS DRUG CO. GAMBLING CASES TO BE TRIED AGAIN (Special Plapateh to The Joarnsl.) Salem, Or., Aug. 8. -The supreme court today reversed .ths decision of Judges Cleland, Beara and Fraser of ths circuit court of Multnomah county In ths Portland gambling cases, holding that ths demurrer should have been sus tained to ths alternative writ because the several causes of action havs been Improperly united. The aupreuie court holds that ths lower court's mandamus must be against ths chief of pollcs, re quiring him to prosecute all persons vio lating ths gambling ordlnancea, notwith standing contrary orders from his supe rior, ths mayor, and ths cass Is remand ed for a new trial. . . 1 Chief Justice Moors said that ths stat utes required a polios officer to Inform sgalnst snd prosecute sll persons whom hs may believe guilty of violating the FOREST FIRES ARE NOW UNDER CONTROL Advices received today by Simon Ben son, of ths Bsnson logging and Lumber company, ars to the effect that the fires which wsrs raging In ths company's timber near Oak Point, eight miles back from ths Columbia river, are now under control, after three days of hard fight ing by a large fores of ths company's men, Ths firs hss burned over about 00 acres, mostly deed timber or land that has been cue over. The process of back-fighting waa employed by . about 800 men, and they succeeded In stopping ths flames at ths 11ns of ths green timber. - Ths firs has been working on under brush and yellow fir, of which there- Is very heavy growth In that section. shd.it haa been extremely hot' work for the firs f tghthers. Ons of ths Benson company's cam pa was burned out, but no settlers havs been injured nor other property destroyed. -, Ons Firs Is Qnanched. George Tlchenor of ClatkanM. who Is In tha city today, reports that ths firs which was blaalns furiously nesr -Ben son s logging csmp on ths Clatkanla is now under complete control, snd all dan ger Is over. The fire started from sparks thrown out by ths logging railway loco motive. Thsy set fire to ths dry tree tops along. ths track, and wor awhile gavs promise of doing serious damage. The donkey engines wsrs removed to place of safety, and no damage to ths machinery resulted. Mr. Benson put his entire crew to work, snd they were aided by the slowness of ths green tim ber to catch on fire. The fire did the greater part of its work on logged off ground. Some of the men have been taken to the Oak Point camps on ths Wsshlngton side, where the . Benson Logging and Lumber company Is in dan ger of losing considerable valuable tim ber."1 X ' ... Amos Benson Is of ths opinion that ths fires were stsrted by Incendarlea, snd a reward of - 8600 has been offered for the apprehension of tha parties who stsrted the blase. ' ...- - SMITH IS FREE BUT UNGRATEFUL Walter Smith, thehero of a recent kicking, , binding, gagging and chloro forming case, was discharged from the municipal court this afternoon at 1:8) o'clock by Judge Hogue, Deputy Dis trict Attorney Hsnsy stating ths cass sgalnst him was not strong. Hs was charged with cruelty to a horse, which hs rented a week sgo lsst Sunday. "Thank you. Judge; thank you!" the young defendant exclaimed, when Judge Hogue announced his decision. Hs bolted out of the courtroom without stopping to thsnk two pretty young wo men, whoss testimony went - for to aoqult him, and thla 1s whst his sweet heart. Miss Hattls Klngsley, said about him: 1 "I am sick and tired of him and ths MANY NAMES ADDED . TO DEATH ROLL T.a aAvlrea add thaaa namea to the list of dead, published on page one: Dorotny jonnson. i-uemo; bij. v. xi. Whitman, Kansas; J. 8. Reese, express messsnger; Mlnneola Davla, Pueblo; inha . Roland. Pueblo: Miss Carrie Downey. Pueblo; Don Campbell, Pueblo; Ed Curtis, Pueblo; Bud uewara, i-ueoio; George England. Pueblo, and Herbert D, Graves,' Pueblo. In addition to thoss reported missing srs: Mrs. George JU west, rueoio; miss Vina Sibley, Pueblo; Miss Tlllls Thomp son, Old Franklin, Mo.; Miss Emily Wood, Pueblo; Joseph Turner, brskeman, Pueblo; Miss Anna Pins, 'Pueblo; Mrs. Jamas MacFesJy and her son. Pueblo; Mrs. McKee, Pueblo: Margaret Donnelly, Pueblo; Mrs. Henry Donnelly, Pueblo; t u-t n nrav . Pueblo: Mr. snd Mrs. 8. 8. Chllds, Colorado Springs; Dr. E- C Bttmmell; Pueblo; miss sturgeon, ru eblo; Hsrold B. Psgs, Denvsr; Miss Wslker, Pueblo; Clsuds Prloe, Aurora, til t Tialnh W. Swsrtskonf. Mrs. H. 8. Gilbert, Oklahoma City; L. B. Dunham, Pueblo; Hugh Mcvracxen, Aurora, iu.; Gertrude Boyle, Pueblo; Frank Bodmsn, Pueblo; Miss Mary Sulllvsn,- Pueblo; Thomas Sullivan, Pueblo; Mrs. James Keating, Pueblo; Harry Hougn; r-ueoio; F. C. Brockman, Pueblo; Fred Mahoney, Pueblo; Mrs. Steams, Pueblo, and Mark McDonald, Pueblo. - lisoo reu nr coium, d'axsits. ' (Special Dispatch to The Joarnsl.) . -Coeur d'Aleno. Idaho. Aug. 8. Fir broke out In a stssm laundry here lata Saturday avenlng snd for a tlms threat ened ths sntlrs destruction of ths town. and It wss only by ths united efforts ot msny men and women that the flames were quenched. Ths loss Is placed at $16,000, with smsll Insurance. Itching piles? Nsvsr mind If every thing else failed to cure you. Try Doan's Ointment. No- failure there. , 60 cents, at any arug eiore. . provisions of ths aet prohibiting gam bling. Ths obligation rssults from hla of ties, and where tha chief, refuses ar temporary writ of mandamus will He tha same as though hs received sn order from his superiors snd wsrs commanded to complyy ... The cass of Elisabeth MecFarlans' sgalnat A. MacFarlune. appealed' from Marlon county, waa reversed. in the caaa of Joseph Lemmona against Stephen Huber, from Marlon county, the Judgment waa affirmed. , The suit of Curt H. Barstow against ths steumboat Aurella. from Multnomah- county, must be tried again. . Judge Frsaer's decision was reversed. In the case of Aug. Krsuss against ths Oregon Iron 4t Steel company, from Clackamas county, the Judgment of tha lower court was affirmed. - Back of the! Benson timber la a large tract of fir owned by the Weyerhauaer Timber company of Minneapolis, snd tha ths fires were stsrted by incendlarlea, all the week. J. W. Alexander, superin tendent of . the . Weyerhauaer logging camps In Clerks county, said today that' . ha hss been unable to ascertain tha ex-. . tent of the damage to his company, Mr. Alexander said that they had con siderable trouble during the past week In their, Clark county loglng campa on . account of sparks from ths logging rsllwsy locomotives sett'ng fire to dry material along ths track, which had to -be constantly watched. They are now logging off land that was burned over two years sgo, but ths dry vlns mspla snd othsr standing growth is In a condi tion almost ss Inflammable ss powder, . ;' snd there Is even danger of losing ths burned limber that they ars nayr trying to save. ' On the Sandy and ths Clackamas, and about Eagle creek, the fires havs been checked and no further danger Is ex pected. . ;, Fires la ths South. A fire is still burning in ths timber back of Boring. Clackamas county, but no serious loss hss as yet been reported. Ths fire st Union Mills, in the ssm county. Is under control, snd It Is be lieved that all danger Is passed. In southern . Oregon ' the dry," hot " westher hss rendered conditions In tha timber favorable to tha progress of ths flames, particularly In tha yellow pins snd sugar pins ' sections. There srs ' many tracts of this timber of grest . vslus In thst section of ths stste. In Josephine county, between Woodvllls snd Gold Hill, a big Are Is raging, and there ere heavy fires near Grants Pass, ths skies being obscured by- clouds of sqapke. Thla country haa many settlers snd It will go hard with them should winds spring up. ss the plna timber catches flames easily and burns fiercely. There Is a bad fire on. Louse creek, bs- xJ tween Martin and' Grants Pass. . In this . vicinity ars many homeateads Snd tim ber claims. . ' . - V whols case. Ths newspaper notoriety haa driven me almost craiy. . Ha Is a hsartless wretch. Just to think, sfter sll I havs borne here because of him, he did not even thank me or Miss Pelton. I declare I know nothing of the assault caae. In which Smith waa bound and gagged. I cut the towels from his legs snd arm a, but who hit him I do not ' know." . .Miss 1 Edith Pelton, titSi North, Twenty-third street,, was ths first wit- . aiess called by Mr. Smith, who acted in his own defense. He then called Miss Hattls Klngaley, hla swsetheart, and aftsrwsrd her little brother. - Neither of them knew much about ths case, but alt swore that when the horse left them It wss sll right. This was what cleared tha defendant, and he was discharged. NEW LOOP-HOLE FOR GUGLIELMO Asssrtlng thst C W. James, warden of the state penitentiary at Salem, has . vcllstsd ths law by falling to return Frank Gugllelmo to the county Jail an-1 place him In the cuatody of Sheriff Word sine a certificate of probable cause was slgnsd by Circuit Judge John B. Cleland, Attorney Das R. Murphy leaves for Salem this evening to take action on behalf of his client. It la rumored thst hs Intends applying for a writ of habeas corpus, - Attorneys ad mit thst ths Only . wsy in which, Gugllelmo csn be -prevented from msk Ing ths authorities a good deal of trouble Is to send him hers before Murphy can apply to the oourt for a writ. The language of the cod relative to the matter is specific. Section 1,478 reads as follows: . "If, before the granting of ths cer tificate and execution of the Judgment have commenced, ths further execution thereof Is suspended snd the defendant must bs restored by ths officer In whoss custody hs Is to his original custodian." In a letter to County Clerk Fields, Warden James acknowledged ths receipt of ths certificate . of probable causa signed by Judge Cleland August 1. Gugllelmo hss remained ' at the-penitentiary for six days sines that data Attorney Murphy admits his Intention of going to Sslem thla evening but-only laughs when ssksd If hs Intsnds to. se cure a writ of habeas corpus. - "Well, stranger things than that havs happened," Is his only comment. - . . rata at SAira onrr. -.; (SpeebA Dispatch ts Ths Joarnsl.) Sand Point, Ida, Aug. 8. Four mil lion feet of lumber burned near hers yesterday. Boms mschlnery st ths mill was saved. There wss a small Insur- snc. -