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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Oct. 31, 1904)
JGURX - y : '.' i ar.Li. lU.(l C1VES tKIO OAII OV ft maxmbv STUTW MTAfl wax ownn. WJL'iTS KllT TQ IfiEPATli UASS SET JO FREE AIM wjjutov aVOVXOaT Uff oouss roa amvmbw xb sot r (Sserlal Dtopatc to Ts SoweaU ' Balen. Or. Oct. SI. The ease of M. 1 Duff, administrator of tho Jam Duff NUIt, agalnat th Willamette Iron Steal work from Portland, In which . Governor Chamberlain appeared: for tn r appelant, DuaV was reveraed by Jus- ties Bean and ft now trial ordered. Jimu I Duff waa a blacksmith' helper' working at a forge In th plain iff's worka In- Portland, and while at work a platon head being repaired ex plnded and Duff waa killed. Under the "fellow aervant law the eaUie brought ault for, damagea, asserting hta death waa caused by neglect and oareieeoneaa of the agents and employe. The trial resulted In a verdict and Judgment for ths defendant the aoetdent being bald unavoidable.' An Appeal waa taken, as signing an error In the giving and re- riiaal of knatnwtlona br the trial oourt. In reversing the oaa Judge Bean save, "The defenaa of the aegllgenoa of a, fol low lervant . to In effect plea of con fession and avoidance. It amounts to nothing mora than an admlaalon by the dffendant that one of Ita aervanta haa been nsgllgent, and an assertion that the plaintiff eannot recover on aoaount thereof because of the relations sus tained by hint to the netilsent servant. - Suva an admlaalon would make the . defendant liable under the same elroum- atanre and to tho same persona for the act of a negligent aervant, but not to tho particular aervant Injured, proof that the injury resulted from the nea;llgne f a fellow servant doee not ahow that . the olalntlfTa statements are untrue nor doea It ahow a want of negligence on the part of the defendant but almply Indl- jrten the reason why the plaintiff can not recover, notwithstanding aucn no- gleft. and aught to be pleaded. The ease of Nancy Carter against Allies Wskentan from Jackeen eounty ,waa reversed by Judge Moor and a new triat orqerea on ne prouna nm w had been committed In admitting as evl- dence by tho defenaa typewritten eoptoa r depositions made by Infirm witnesses who had recovered before thetestlmonr was Introduced. The action of Alice H. Culver agalnat John Handle, which waa decided for the defendant by a trial court In Josephine county, waa 'today reversed and r ' manuJd for a new trial, the respond sot ot being represented by counsel. This casa originated from an' action In the eounty court by Alice Culver ' against the defendant to recover posses sion of household goods, -or Slli, tho value thereof. She secured Judgment 'rand the case was appealed to the circuit court, where Judgment -was rendered In favor of the defendant to recover from the plaintiff the goods or tho It appears the plaintiff waa endeavoring to recover g debt and after securing posses sion of the property. It waa attached and taken by another debtor, henoe final . Judgment waa rendered agalnat nor, for the property not In bar possession. The suit brought by John aalleeins agalnat the London Liverpool Globe Inaurnno '. company, which waa brod f hi by- -the : plaintiff to re cover. f.0& for loss by Br a Stock of - merchandise In Partisan, plaintiff secured Judgmanb la the trial court, t which tha defejMant appealed on tha ground that the pfilcy waa void, - as the property wag eo voted by ehel tal mortgage, when the clause, , In , the policy atated It would -become 'void if the property' waa encumbered by a snort gH a. Tha court decided the uisur ano company had accepted tha premium money In good faith by Alleslna, and therefore the policy waa la force and 'must be paid. Therefore tha decision' of the lower court waa a farmed. The olerk of the supreme court today- prepared and forwarded papers In an appeal to the United Btatee supreme court from the supreme oourt of Oregon In the case of tha United States Mort gage and Trust 'company against Henry r, McClure. Tho dispute aroee over Port--Wnd city property involving a large sum of money. P. U Willie la for tha plaintiff in errgr, McClur who brought the ap peal. -fThla la the aeeond appeal to tha United States supreme court thla year. The dec I al on of the lower court In tha famous timber land case, William Krall and SL W,. Sparrow against . WIMIam Coach, wag today .-affirmed by Judge Wojverton. Thla la a ault to hav tha defendant declared trustee for tho plaintiff to tho extent of a three-sixteenth undivided In s terest In t.71l.t acres of timbered land In Poos eounty, tho defendant holdlag legal title to.one-fourth. Coach purchased tha land In Coos county and than offered to allow tho plaintiff to purchase from him -thro fourth of he land at the same prlca paid by him. lit an acre, provided they would stand their portion of hla traveling expenses of 11,004 and attorney fees of ' SSfrg. After the payment waa made tha plain tiff discovered tho original prlca waa M an acre, and that they bad bean fradulently led to pay lie en acre. The decision gives them a title) .to fifteen alxteents of th land, tha amount paid for at IP an acre by the money paid by them. Bvom aaaunra. Knee4al Manatee to The JearesL) The Hague, Oct, 11. Tho remains of farmer President Kruger of the Trans vaal, who died last July, war taken to Rotterdam today for conveyance to bouth Africa en tha ataasner Batavler. (Jnarssl Special BanfleM St. Petersburg. Oct. II. Russia and Belgium have signed treaty which makes it obligatory to submit an mat tars in disputa to arbitration. Hydrozon .Curt . Sore Throat A Haxmla Anttswptie. Endorsed by the. medical profession, Send ten cents to py posts fro trial bottlo. SoW by Lond Ing Druxirists. Not jrenuaa ankos labol bears my aifnature : aid Pisaan t,.T, " Wrhe WfretbaaaWsaa totfoaTra. aMai of Dlsaaea. i V Motions for s dismissal from custody of Charles W. Walton, on the ehargea of murderously assaulting Pol Ice ma a Nelson and robbing Emanuel Johnson, a street oar conductor, war Bled In the criminal court thla morning by Attorney t, Rayner. Tbey are acoompanied by afndavlta of th prisoner. The ground I that Waltoa waa never1, called on to plead to either charge and did not do so. No time for arguing the motion baa yet been aet. Deputy District Attorney Moaer prang a surprise on the defenee thla morning by announcing that in hla pre liminary addreaa to the Jury before each trial b stated that Walton had pleaded not guilty and that Attorney St. Rayner had entered no objection at that time. Ho as ye that by remaining eUent and going to trial tho prlaonor waived his right to enter a plea. Ae th oourt re porter made no record of what waa eatd In tha preliminary addreaa, Mr. Moaer will file affidavits, so that the supreme oourt will have a oomplcta record an appeal. "Tha impression prevails, aald Mr. Monar, "that a failure to require Wal ton to plead gives the ground for on ap peal to tha supreme court. Attorney at. Rayner scab numerous exceptions during th trial and would hav appealed, any how. Thla point will avail him noth ing." Attorney Arthur C Spenoer. who nntfl recently waa a deputy In the distant attorney' ofnoa, aaya ha has eloeely In vestigated tha law ' relative to. auoh cases, and that the court decisions are all agalnat dt. Rajrner's contention. A list of oase In which a plea waa not belnc entered under similar condition and It waa Held that tha prtooner had waived hla right to plead, he asserts, la riven on page Ttl of the second on- cyclopedia of Pleading and Practice, WATCH YOUR GATES THIS IS HALLOWEEN Tonight Is Halloween, the" vigil of Hallowmas or All Be lots day It Is revered la legend and story aa tha ttms whoa fartoe aom to earth on propitious errands. It Is also too time when the. small boy bide hla neighbor's gate, tie cans to th tails of all tha stray dogs ho can find and does all tho other deviltry In his power. , . Grown folks go about the atreats In mask and domlnos. . They make noisy demonstrations and exchange greettnge in raillery. It la a night of fun and gaiety throughout tho world. ffhe observance of th night hi dis tinguished chiefly In Scotland. Though eoWetlmea noaTleoted In modern practloe. th 11 ost part of tha Halloween- ritual constat of th lighting by each house hold of a bonfire at nightfall, . such practloe ar atlll continued In many of tho European eountriee, while' the obeorvnnoe In Asatrloa la simply on of hilarity. Every policeman on tho Portland polios force will be doing duty tonight. beginning at dusk and continuing th. uurh tha hour usually devoted .to pranks by those who go forth to dare and do on Halloween. paptalne orltamacner. Moor ana hry hav ordered the men under their respective oommand to report. Cap tain atoorra men win iaae ineir regu lar beats through tho first relief, and to the patrolmen under Captains Orlts- maeher and Bailey will fall the work of doing apeclal duty. Many will bo In civilian attire, la addition, a foro of reserve will be held at headquarters for mergeney call. PORTLAND NEEDS STANDARD SCALES " V - , ' A conference between th Inspector of custom and th committee of importers from the chamber of commerce was bald thla afternoon to discuss tha question of putting In government standard scales along th waterfront. Th com mittee will meet formally tomorrow morning to take definite action In tha matter. Tha plan 1 to mak a request direct to the secretary through the Portland euetoma ' office and for thla reason th Indorsement and .co-opera tion of th oustoms offlclala la nea aery, s A brief canvass of tha principal 1m novttna firms of tha citr made thla afternooh by Chairman Alfred Tarker, prior to tho meeting with tha Inspector of customs, showed that every Importer ws strongly In favor of a set of these scale somewhere along Portland's waterfront. . . CHARGE OF ASSAULT , CAUSE OF SUSPENSION An Investigation of tho ehargea agamat William Hanson, captain of hose company No, of the fir department Is taking place this afternoon before the fir com missioners. Hanson I accused of aa aaultlng aa old and defenseless man. M. I Crane, last June. It to stated that Hanson followed the old man across th street from the boo company's house and struck him, knocking him down. Crane to M years old and tha attack upon him la said to bo without much provocation. Bom time later a complaint waa lodged with tha city executive board, regarding the actions of the captain, but no Investi gation waa ordered. Two weeka ago, C. C, Rumeun called tho attention of the executive board to the occurrence again with th result that It waa referred to tho police commissioner for lnveaHan tloa. Hanson waa suspended pending tho result of the Inquiry. SPRINGFIELD BOY v KILLED BY TRAIN fSsectal Ms tea to The Jearaal ugenO) Or., Oat. 11. Bamuel Mooly, aged It. a son of Charles Moody of Springfield, was run over by a south bound freight at Henderson station, yes terday afternoon, and died at IS o'clock last night. Ha waa playing aaauad tho train with some ether oyat on of whom boarded to train. FC2 FC3TACE ROAft rxjurs or bazlway maJY VOY. IS BOATS XOaTVY With the satisfactory progress being made on tha portage road which now la eurea Ita completion in timet or next year harvest, th executive committee of th chamber of oommero haa takn up ha proposition of aacurlng boata for tha uppor river. After an Inspection of th road yes terday by Henry Hahn of th xcutlv committee of tha open river association. Attorney J; N. Teal city, and W J Miner of Blalock of th portage board It waa found that definite Infor mation could be given prospective boat bulldera regarding th future of tha road, and th construction of boats could b undertaken with reasonable certainty. Mr. Hahn aahr thla morning that al ready th executive committee bad offers from two ftrms who wore willing to build boat for btis uppeb. river run and they ..riMt to hav a half dosen other firms interested before th contract for tha construction ox wio wvm -mmm Th work of securing boata for thla upper run In Urns to handle t'a next vaara harvest la next in naporuiao tt, Mn traction of tho road." said Mr. H.hn tbla morning. "To mak th road tha sucooaa that It sbould b there must ba no lack of transportation faclHtlaa hM th arhaal croo la ready to ba moved. There must ba a sufficient num ber of boata, otherwise the trade will suffer for lack of transportation facili ties on th upper river. "As tho possibilities or tn irao is to a certain extent Indefinite ana un certain boatmen are not anxloua to In vest their capital until th bualneaa be come assured and permanent. Then, too, th boat will hav to bo built at aoma .nolnt on the river above CalUo, which maana that sbipyaroe wui do- Moeaaarv. But w ar ewnain os leaat two boata and ax going to get more If possible.' Th men who visited th road yester day found the engineer making rapid and satisfactory progress. Regarding this work Mr, Teal gave out th follow ing statement (hla morning: W regard, th. progrs mad aa vary aatlefactory.. W apent moot or th day. yeeterday. on th grounoa going over th character of th terminal facil ities required at tho big eddy. Th phys ical situation lends itself vary readily to tha economical and speedy handling of freight. Tha government will probably ba aaked for the aa of n email tract of land for warehouse purpoee at thla point, which will n doubt be allowed aa the canal right of way hero la very wldg and touches that of tho Oregon Rakroad Navigation company. ini una vi wi pwrwi inwf bene run, the crosa sectioning to nearly finished and th engineer promise com pleted plans by November IS. Th mora tha situation la studied th more certain it Is that the portage railway will fur nish a large measure of relief and will do a big -business. Th committee Sods th most active and substantial interest in teh measure through, eastern Oregon. Washington and Idaho and along th Co lumbia river as far dowa aa- Astoria." Aa to tha raisin of tha extra 140.000 deemed neeeaery to construct th madj Mr. Hahn of tha executive committee aaya the following upper river counties have assured tha committee that to amount apportioned to them has been or will bo raised in good time: Spokane, tt.OOt ; Lewiston. $,HH: Umatilla, fft, 909; Walla Walla, 16.00. Tha other oountle will oontrlbut their appor tionment although no definite word baa been received from them. The committee expects as aoo as tha engineer furnishes the plans and esti mate to advertise for bid for con struction at once In order that tho ter minate may ba built during low water. Th remainder of the road oaa ba con structed at any time. Justice of th Peao William Re id thia morning fined Henry Weaterman lit for selling adulterated milk. The fine to th lowest provided by the statute, although It to th third time the defendant haa been found guilty of that offense. Tha reason for Imposing tha minimum flna was because the Jury that tried the ease brounht In such a recommendation. They criticised the law. saying It provides for but one sample of milk being tanen oy trie inspectors, where, they believed, three should' b taken, "so tha defendant could at leaat have a obano to defend himaetf." Justice Raid waa greatly surprised at tha commendation of tha Jury, he said. LHowbver. after having th matter under advisement for several days, bo imposed the fin as atated. ; . The President!1! Contest Hum exerted aonaMerabl tntereat and there Is still a abort time toft to send In estimate-' Five tliuuaajidypi'laa -vol-ued'at f4(MMs Remember 'the,, contact cloaea on November an you may be a winner. Bend in your eatlmatee. . one guess for every M cents remitted foe, anbeerrptlone to Tha Journal. . AaTTM WXU TOY aWYVaT. - Bo far aa known ther will be only two Oriental liners receive cargoes at Portland In November. They will be the Bllerlo and Nlcomedla. Word waa given out by th local offlclala of th Portland A Asiatic company this morn ing that tha steamship Ax tec will not return. It la explained that tha Pacific Mall people, the owners, need her for other busineaa. Upon bar return from the far east it Is suppoaed that aha will ba fitted out with a cargo at Ban Fran- olaoo. On account of tha impossibility to secure more rreignter to toao at Portland ther will be eeveral cargo so from tho Columbia river territory to Puget aound for shipment to Japan and China next month. Astoria. Oct. 11 Balled last night, steamer Aberdeen for San Francisco. Arrived down at : a. sa soboonor Alice McDonald. Left ud at a. m.. British snip ism- dale and barkenttno Jamea Johnson, Arrived at 1S:4S a. m.. steamer O. W. Elder from Baa Franeweo. Astoria, Oct IS. Arrived down at g m., steamer Northland. Arrived down a. am, steamer Aurelia- Arrived down at a. pa., steamer Ab erdeen and Despatch. Arrived at 7 p. m., steamer whittMr from Baa Francisco. Astoria, Oct, It. Balled at B:S n. re., achoonar ataoei uai ior aaa Fran cisco. Balled at t:4l a. mu ateamer Aragonla for Hongkong and way ports. Balled at J p. ml, steamer Eimora ror Tillamook. Arrived tn at 1:41 ft so-, French bark Burop from HobarC Arrived In at a p. ZtalUn ship a. Celeste from Antwerp, Arrived In at I I p. bl French bark Asia from Ban Diego. Arrived at noon, British ship Hampton from Port Los Angela. Britlek ship Durbrtdg from Ban Franclaoo. 1 Arrived at I p. m.. schooner jva-from Baa Franelaco, achoonar Boroali from Bsn Pedro. Manila, Oct t. Arrived yeeterday achoonar Commerce from Portland. Antwerp. Oct. It. Balled yeeterday German ehlp Neeala. Astsria, Oct II. Balled at T a. r. steamers Northland. Aural la and De spatch all for Ban Francisco. Left up at 1:1 a. am., ateamer Whlt ttor. Astoria, Oct II, lft up at noon. tMt Isk ship Hampton and barken tine Oeorge C. Perkins. Notwithstanding th very toe lament weather, 71 people went to' Cap Horn and returned yesterday tha ateamer Charles R. Bperwar. Tho tolephon gin had been donated th free us of th boat with which to glv an excursion, and It to said that they mad a great success of tho venture. Many people who pbrtmaoed ticket dKt not mak th trip on account af the bad- Weather BSsak ejannan Alien Lowls Bast Brand, MEN'S UNBEEWEAS ' The Underwear We Carry Is tor Every Variation o! Weather, as WeB as Personal Tasto Men. extra hairy Egyptian Cotton . Underwesr, splendid finish, a correct IntcrmedUts weight; per garment. ....... .50f Men's medium eamehhair, fuU fashioned, non-shrinkabk ; per nnnent. . . . f . Also in Natural Gray. Form fitting, merino, silk faced, French necks; per garment $1.75 $1.00 Men's natural worsted, non-shrinkable, one of the best wearing garments tf fJA of its kind, warranted; f l, ,; g 9JJ per garment . . . . . . v . Mercerised Sea Island cotton, tf"f p)"" pink and blue color aa soft V j and more durable than silk. . . "I B .m. We are sole agent for the tfriginal 6chone. berr Linen Mesh Underwear. Far better and cheaper than any other Linen Mesh. a i" SsBaaOePs Saw' T n a is rr &CSw JsSdJ 1 i "'f : : T : ' ' : - f 4" ' r" --'V ' vift ,! ' LOWEST FINE FOR ' SELLING BAD MILK HORSEMAN TELLS OF FREIGHT WRECK a. srmax OF mi B POS AU BAMABB BOMB. A. Naal. an of tho Seattle horsemen aboard tha freight train r which was truck by a gravel trala between Mariori and Jefferson Saturday afternoon, glvea a graphic account of tha aocldenc. Ha declare that th engineer of the gravel train la ao blame for the collision, aa ha received -orders at Marlon to give -the hhour lowed mora than five minutes. Neal'a etory. as totd B H. Miller of thla ally Tat Eugene yesterday, to as follows: ' "Ws stopped to takron wood In what looked like a kind of tuilf. Tha track made a sharp turn juat before w front of the caboose and waa talking with aoma of tho boys when I hoard th gravel trala coming .and walking to the door looked out. . ' " 1 guesa w must be oa a olds track. I remarked. Those fellow aso travel ing Ilk tho vary mlaahtof. Aa they got closer 1 grow neryoua and reeaarked that It looked to me aa If we were on tho earns track a th other train, Juat then I saw th engineer or Are man Jump from th engine of th gravel train and go rolling away from th track.. "In a flash it shot across my mind that wo wars up agamat It. Telling to tha others to jump I aulted tha action to the word. Aa I bH tha ground I roHod over close to th wood pile. Then earn tha crash and I waa covered with wreckage. One of the korbea was thrown over my head and hit between two cords of wood, being hurt so badly, that It bad a be killed arftarward. "Confusion followed th eotllalon. Tha horse In on of tho forward care were penned up and became f renal ed with fright. They kicked and aqueaiea tor aa hour -before they were released. One horse waa thrown under th angina In frete-ht is minutes' ttana before start! na after It, and could not in reality hav aJ-lfeueh a way that wha H turned over on Its side the animal remained stuck In the driv wheel Thirty pilnutea passed before anybody had aens enough to kill It, though M lay there, igroaning pitirui-ly.- I . could not bear tho alght and walked away from tha eoeae. - "On yearling col waa buried ta th wreckage and waa -not extricated tor time. Everybody expected to And It crushed, to a pulp. When H was Snal ly dug out not a scratch was found on It. That was the strangeat thing I Sv "from all I could learn at th time, the engineer on,thegravl train la to blame for th accident. I understand ba got order at Marion to give us IS min utes. We had not stepped for mors than five minutes when th collision occurred. The gravel train waa running at a pretty high rata of peed." William Reynolds of Great Palls, Mont, and Mr. Johnson, th Seattle horaenwm. whos stock waa being taken to San rranclsoo, left here for tho Gol den Oat wltb their families Friday night. They were aeat word of tho accident abort ly After tho wrack oo oUrred. ,; - . - At Good Samaritan hospital J, C Turner, who 'was porhapa . worat In jured, la not recovering so rapidly aa ar Melon, Kant and Katroae, too othera who were hurt. . . Tumor waa la ehargo of tho Jown aop stables. He received Injuries about hla face and head, but th physicians say they do not think them vary eerl-ous.. lawaamaannrr ey UOOOw-SlOllst!, Mt-T0av-- J roa rvu smtkulah mrmni.-rpnTLA.-tl CASH OR CREDIT ' Our blot h i tig Department MODERATE PRICESpv EASY TERMS Our clothing department is now at fts best to dress fashionable Portland for its most important dress junction of the season Thanksgiving. Everything new, stylish and attractive in Men's and Boys' High Grade Wearing - Apparel Men's Suits from...... f 16 to f 30 Men's Overcoats, from......fl8toft30 ' Men's Trousers, from........f4 to f9 ' Our Terms Are One Dollar a Week Hats and Shoes .sssassssassssnsnssk B a I I 'a Xb m f ak s; Permit us to be your Hatters and Shoers and well assure you entire satisfaction In style, fit and price. Our terms are small weekly pay ments. ' Eastern i Outf I Cravenettes, Overcoats Suits Men's Cravenettes ,f (Priestley's) fl8 .Young Mens Over coats.... 10 and fl5 Young Men's Suits,. ., from .f 10 to 918 Our Cloak and Suit Deparment Our Cloak and Suit Department, complete with every requisite in finery ready to put on appeals to your patronage. It shows many new, clever creations in tailor-made SUITS, 4 TOURIST COATS, CRAVENETTES, JACKETS, WALKING SKIRTS AND WAISTS - Moderate Prices Easy Terms Our Millinery Section Displays many pretty shapes artistically trimmed Hats reflecting origins Ideas m the milliner's art. Low prices terms weekly or monthly payments. ' ' . Our lines of Corsets, Petticoats end-Under-wear must be seen to be appreciated. Was VkaWaU. m M. a r, r THE STORE WHERE YOUR CREDIT IS GOOD
