The Oregon daily journal. (Portland, Or.) 1902-1972, December 10, 1904, Image 3

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Says All Hypothetical Questions
Should Be Referred to the
District Attorney.
Jurors Retire Without Receiving
Information, and Will Seek
Mr. Manning's Advice.
, Presiding Judge George did not In
tnii't the grand Jury ss to the conclu
sions of law In the John Doe present
ment made to him yesterday, but re
ferred the question baek to the Jury with
the Instruction that they consult with
the district attorney In the matter and
accept his advice.
"The district attorney is your legal
r.dvleer In this matter," said the court to
the grand Jury, "and the evident lack of
consultation with the district attorney
compels me to say to you that this
should have been presented to him, and
not to the court. If ha decides that the
farts are sufficient, you can then bring
the matter before the court through the
proper channel."
Foreman F. M. Johnson explained, the
situation In which the grand Jury round
itself by saying that the Jury had con
Sited with the deputy district attorney
d they had agreed to present the ques
tion to the court.
"We talked the matter over," he said,
"snd Mr. Adams prepared -the present
ment Itself and asked us to present tt to
the court."
Deputy District Attorney Adams ex
plained thst the grand Jury had two
things In view In presenting this matter
to the. court, first aa to the presentment
made yesterday, and second, as to an
other matter which would be presented
when the court had ruled on the first
Foreman Johnson then drew from his
pocket another presentment, but the
court ruled that the district attorney
should be consulted when his deputies
were In doubt, "and." the court con
tinued, "he should be consulted first on
sll these questions, and not his depu
ties. Take this matter before the dis
trict attorney himself."
""he grand Jury then retired without
presenting the second hypothetical
case in which they wished Information
as to the law. As to the exact nature
of the presentment made yeaterday
Judge George gave no Intimation other
than referring to It as a esse of "false
pretense." Nothing whatever waa said
as to the nature of the case which the
grind Jury had for presentment today.
The only Indictment returned was one
sgalnst Edwin H. Goodwin on a statu
tory charge. He is the New York man
who was tracked to Portland by his
wife. Alice R. D. Goodwin, and found
here with another woman. He was
given a preliminary hearing In the
municipal court a few days ago and
bound aver to the grand Jury. His
bonds sre fixed at $1,000.
The case of Mrs Bertha Fatrbarin.
who saya She was induced to come to
Portland by her aunt who refused to
care for her when she came, has bean
turned over to the Jewish Benevolent
society by the county. Dudley Evans,
chairman of the relief board, this morn
ing Interviewed the aunt. Mrs. Devi, who
refused to advsnce money for the re
turn ticket to Chicago, Mr. Evana con
sulted Dr. B. 8. Wise and waa Informed
that the Jewish Benevolent society
would take care of Mrs. Falrbarln.
I Journal Special Herrlee. )
Ball I-ake. Dec. 10. Two apostles of
the Mormon church. John Henry Smith
.snd Charles Penrose, were today served
with suhpenas to appear before the
senate sub-committee In the Smoot In
vestigation at Washington.
Of S5 or 40 subpoenas sent to the
1'nlted States marshal for service in
Vtah and ldsho. It Is understood that so
far the marshal haa succeeded In serv
ing sesreely a dosen.
(Jouriul Special Berries.)
Cleveland. Ohio, Dec. 10. On the high
est authority It Is now positively known
tliHl Mrs. Chadwlck borrowed 1800.000
In Pittsburg. The names of those who
advanced the money are not disclosed.
The stute commission of the Dewln
snd Clark exposition today awarded the
rnntrart for construction of the state
building to E. A. I.ynd for the aum of
$.270. Work will begin on the con
tract Immediately.
The General Officers
Of the r. B. will sddress a mass meet
ing of carpenters this evening,-December
10. In their hkll. North Third street.
All carpenters Invited.
The Very Best Possible
to Procure We Carry
Only the Highest Grades.
Any dealer will tell you he can glva
;ou the greatest bargains.
Ask sny disinterested party, and In
variably ths snswer will be: IF TOU
aSoule BrOaS.
Piano Co.
County Commieeionere Take Ac
tion on Complaint Made by
Prosecuting Attorney.
Many Inquiries Made for Lands
in Clarke County Suitable
for Farms.
(Special Dispatch to The Journal. I
Vancouver, Wash., Dec. 18. The three
saloons of Waa sou gal have been closed
by order of the board of county commis
sioners, on complaint of Prosecuting At
torney Donald McMaater, filed on Thurs
day. The complaint chargea the dis
pensers of sTplrlta with violating the
liquor law in several ways, selling liquor
to minors, keeping open on Sunday, and
permitting disorderly conduct In their
places being among the chargea filed
against them.
Tk tV.r m an h.U salnon have
been closed are Charles Surber, Surber
A Short and rrlts Brown, jr. ensnes
Surber yesterday filed a statement
pleading guilty to the chargea and walv
lng all right to any rebate on hla license,
which lets htm out of the case. Surber
recently purchased his saloon from Jo
.k v wuin In whit., name the license
waa originally Issued. Surber A Short
and Brown appear oeiore me county
commissioners today, at which time
f.rihr u,-ti..n will h thkttn in the ease.
Thia la the first time In the history of
Washougal that it has been a dry town.
Charles H. Anderson, claimant against
Jamea McHale. Henry Owen and Mary
McHale. la the title of a case filed yes
terday whereby the claimant files a lien
on the building situated on Main street
between Seventh and Eighth, occupied
by the Elite vaudeville theatre. Ander
son demands payment of 118.25 for work
performed and material furnished on the
premises. This causes quite a stir In
this city, aa this case may close Van
couver's only vaudeville theatre.
Inquiries for suitable farm lands to
make homea of have been very numer
ous throughout Clarke county the past
fall, and even now activity Is brisk In
thst direction, which is unusual for this
tims of year. With the advent of
spring a rush of settlers la expected In
all parts of the county.
Clarke county haa experienced a
great Increase In population during the
past two years, most of the newcomers
being of a thrifty class. A majority of
them have Improved their farms, some
thing necessary to the permanent up
building of the country.
(Special Dispatch to The Journal.)
Oregon City. Or., Dec. 10 At about
:jn o'clock laat night a fire broke out
In a room occupied by a Chinese Janitor
In a part of the old brewery, which is
located at the rear of the Welnhard
building, and newt to the railroad tract,
and before the fire department got out
a brisk wind had fanned the fiamea until
the fire had a big headway, and It waa
only by prompt work that the fiamea
were brought under control.
The brewery waa a landmark of Ore
gon City. It waa built In the year 15
by a Mr. Brumbull. For the past few
yeara the building haa been used by
Chris Hartmann as a stable for his
horses. The building is a total loss,
and the Welnhard estate la the loser to
about the extent or 11,200.
Frank Bush recently built a furniture
factory adjolntng the brewery, and had
It all fitted up In modem machinery,
tools, and but a few days ago had se
cured a large atock of moulding which
waa atored therein. Bush estimates his
loss at about 13,000.
Despondent owing to Illness and pri
vate troubles, former Policemen Frank
Olsson. Janitor nt the Scottish Rite
cathedral, slsshed his throat with a
pocket-knife with suicidal intent yester
day afternoon. He was discovered ly
ing unconscious in a room In the base
ment. Dr. K. A. J. MacKensle ordered Olasnn
removed to St. Vincent's hospital, where
he la In a preearioua condition owing to
loss of blood, though he haa a fair
chance of recovery- , . .
Olsson has acted rather peculiarly
for some time. He has been Janitor at
the cathedral for the last 18 months
and with hla wife occupied apartments
in the building.
Attorney Henry E. McGinn this after
noon la preparing writs of habeas corpus
for the release of Deputy Sheriffs Mor
den. Wise, Cordano snd Holllngsworth.
who have been taken Into custody on
chsrges of assault and battery In con
nection with the Portland club affair.
The writs are to be aerved Immedi
ately, and will bo doubt bring the
queatlon to a legal Issue before the
oourts for final adjudication.
Ouy Huff was arrested late this af
ternoon at the Oxford hotel on a John
Doe warrant which had been Issued
this morning out of the United States
court. He is alleged to be the man
who committed some of the forgeries
In connection with the cases against
I'uter. McKlnley et al.. another trial of
which will begin next Tuesday.
(Special Dispatch to The Journal.)
Chemawa, Or., Decr-10 John McMul-
len, who was appointed teacher here
from Yalnsa. arrived at the school yes
terday. He will fill the position former
ly held by Miss K. A. O'Brien. Mtss
O'Rrlen resigned some time ago. Her
class haa been taught In the Intermis
sion by the advanced pupils.
(Journal Special Service, i
Washington. Dec. 10. President announced to several caller
today that there would be n extra ses
sion of congress next spring for a re
vision of tarirr. The question of an
extra session next fall la still In
abeyance. i
A Orant county horsethlef was sen
tenced to only one year In the pen. With
moat Judge such light sentences are
out of data.
Choice Bits of Furniture
and Draperies for Christ
mas Presents.
A Fine Line of Pianola Musk
Cabins. Piano Scarfs and
Quaint Artistic Benches.
Any one contemplating buying gifts
of this sort should see what we have.
Juat here from the factory of Udell
Brothers, the famous designers and
makers of artistic furniture, some very
choice Pianola Muaic Cabineta. While
they have been provided by ua for hold
ing the Pianola music rolls, many are
selecting them for sheet music cabinets.
They are all enclosed so as to exclude
the dust and made of very choice speci
mens or walnut, manogany wr niui
and will prova very dainty and welcome
Prices on these, aa well as on our
beautiful collection of artistic scarfs,
stools and benches, will be found ex
ceedlngly reasonable.
And Christmas Piano. Tee
Thla present collection of ours Is the
most complete exposition of ths highest
grade key Instruments, pianos, orches
trelles, the Pianola, Metrostyle Pianola.
Church and Parlor organs, that the
Northwest haa ever Been.
They are pronounced by the very best
Judgea a moat extraordinary collection
of the highest types of art, and mual
clans are no less emphatic in then
commendation of the tone qualltlea of
these pianos. j . .
Tney are. In fact, the world'a accepted
standard. Chtckering, Weber and Kim
ball pianos have no superiors. And
these are what constitute our Christ
mas showing, ss well aa such other fa
mous makea as the HaseltoraT Lester,
Crown Orchestral. Hobart M. Cable.
Haddorft. Schumann, Schiller. Baua. etc.
Those contemplating . the Christmas
purchase of a piano will find prices well
within reaaon, whether they deaire to
. ' 1 i. . , WaHach
secure one ui oui
Chlckerlngs or Klmballs. or a good
piano OI more rauun.iD " " r. " " '
system of Installment paymenta bo
moderate and so simple thst there will
be nothing to stsnd in the way of their
securing the piano most to their liking.
Pianos intended as Christmas presents
will be held by us for Christmas deliv
ery. The Pianola Piano
This new piano comblnea In a single
compact Instrument an upright piano of
the highest grade and a Metrostyle Pi
anola. The Pianola mechanism, includ
ing the Metrostyle attachment, is built
right in the case, rendering it instantly
available for playing by means of a
perforated music roll.
It is equally available for hand play
ing by those who have learned how to
play with the fingers. When the panel
admitting the music roll Is closed the
foot pedals sre folded up. there Is
nothing to distinguish It from the fa
miliar style of upright plsno.
Prices 600 to 1 1,000. purchasable on
eaay monthly Installments. Pianos of
all other makes taken In exchange.
Etlers Piano House, HI Washington
street, corner Park, the West's most
popular and reliable piano concern.
Committee Will Look for Suitable
Site and Secure Estimates
- : of Building.
President Marcus Fleischner
Says Money Will Be Raised
and House Erected Soon.
A club house project that has been
discussed for the last year among mem
bers ef the Concordia club Is now tak
ing definite form, and Prealdent Marcus
Fleischner win Wert week sppolnt a
committee to make a thorough canvass
of the subject. At a meeting held
Thursday evening s motion waa adopted
authorising the committee to look for a
sultsble site and secure estimates of
coat of a building. It Is the sense of the
club that about 120.000 should be ex
pended end that a home club house, with
nothing in the line of stores or offices,
should be built.
"Owing to the Illness of our secretary,
I have not named a committee," said
President Fleischner, today, "but I will
do so next week, and the committee will
Immediately 'get busy.' We have con
cluded that the time Is here for securing
a permanent home for the Concordia
club. We have a number of lots under
consideration, and the committee will
accept, the most favorable offer. Noth
ing definite In plans or specifications has
yet been presented, but we will probably
have a building embracing all the mod
ern features of club homea. auch as
reception rooms, library, banqueting
room, ballroom, batha. and a gymnaalum.
bllllarda and bowling, and a buffet or
"The committee will solicit enough
to give aaaurance that the required
amount of money can be raised. If,
sfter these Investigations have been
made, the situation looks favorable, the
whole plan will be perfected and the
work of carrying it forward will begin
In earneat. I have no doubt that wa
will be able to raise the neceasary
money." x
(Special Dispatch to The Jftarnal. )
Roseburg, Or., Dec. 10. It Is reported
here that the Southern Pacific will In
the year ItOt tunnel Bice hill, 31 mllea
north of this place. The grade at this
point Is very heavy and In the long run
the company. It Is said, will save money
on the project, as It la now required
to use helpers continually.
This fall much work haa been done
nar thla place to straighten the track
snd lower the percentage of the grade.
The supposition, la that the engineers
have discovered that It will be cheaper to
go through ths mountain than to cut
down part of It and still have a good
part of the grade left.
There la also going the rounds rumor
that the company Intends to build a new
steel bridge at Winchester. Ave miles
north of here. In place Of the wooden
one which now spans the North ITmpqua
A couple of Albany men were going
home last night, and one was telling
a atorv ahout a well digger he had
known hark east, when s savage voice
behind them angrily ejaculated: "Come,
now. shut up about well diggers; I want
you to understand I am Juat aa good
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. Cover 101 Acres. Annual Capacity 100,000 Vehicles.
BRANCHES New York, Chicago, San Francisco, Portland, Or., Kansas City, Salt Lake City,
Department of Commerce and
Labor Plans to Establish
Fleet of Swift Launches.
I Special Dispatch to The Journal.)
Seattle. Dec. 10. Captain Tosler, for
many yeara commander of the revenue
cutter Orant. may be transferred to shore
duty at Seattle and placed In command
of a fleet of swift launches which the
department of commerce and labor pro
poses to establiah In connection with the
Immigration aervice In the Puget sound
district. In a few days It Is expected
that the launches Guard and Scout will
be detached from the treasury depart
ment service In customs work and sent
to the immigration station here. If Cap
tain Toslar la assigned to their command
and the addition of several new boats that
Captain Shoemaker, chief of the revenue
cutter service, and Chief Sergeant of tha
Immigration bureau, will recommend to
be added by, purchase or building. It will
leave a vacancy In the command of the
Orant to be filled.
At the present time the local Immigra
tion officers have no vessels In which to
watch the hundreds of aliens who
monthly are brought Into the United
States from over the Canadian border.
In sloops and olhsr craft. When not
otherwise engaged the revenue cutter
service haa given lta atd. but thla has
been unsatisfactory, as when wanted
thay could not be obtained. It la now
planned to put a stop to the lllegsl
entrance of aliens Into this district and
the addition of the fleet to the local
bureau la the first to move In that direc
tion. Always Just Right.
"Our Own mature.",. A perfect pipe
tobacco 8IO BICHKL, CO.
Bou-v-garrm dollab cawt
ilwati aa sad.
Lewis & Clark
Co n Brooch for a
Xmas Present
Price H.SO aaf
kith a Ltwta a Clark
Mounted on thle beautiful gold wreath,
the coin not the least marred or mutil
ated sold over the countsr or ma l len
to sny sddress st 14. Mr for slae Mo. 1.
snd 15 for Ma 2. ThsT coin alone sell
at I
they grow la age.
o nmntm oo .
sen aad ailverem
SSS lurrls en St,
sSjBW f .jr- .Sanaa'"' sasP S
Dominion Government at Ottawa
to Be Confronted with In
sistent Demand.
(special IHapatrh tn Tha Joarnal. 1
Vancouver, B. C, Dec. 10. The lum
bermen of British Columbia are to co
operate with those of all Canada In the
appeal to be made to the dominion gov
ernment for a duty on lumber. Hitherto
the lumber manufacturers of the vari
ous aectlons have made application at
different tlmea, but on the present oc
casion a determined co-operative stand
Is to be msde. A large and representa
tive delegation of Canadian lumbermen
will bring the matter to the attention
of the government early next year, so
thst there will be no excuse advanced
thnt It was not known In time.
For eight years representatlona have
been made to Ottawa In regard to thla
assistance to the lumber Industry, but
up to ths present time they have been
Ignored. It haa now reached a serious
stage and- the manufacturers will de
mand their righta from the government
and endeavor to have a duty Imposed
upon lumber.
taper is 1 Dispatch to The Jmiraal.)
forvallls. Or.. JDec. 10 Plana are be
ing perfected for th Oregon Agri
cultural college cadet regiment to spend
10 daye at the Lewla and Clark exposi
tion at Portland In encampment next
June, probably Immediately after com
mencement at the college here. The
ni.hinstnn a arrlciil t urnl rolleae la also
some tlms during the fair to encamp for
10 days, and grounns ror camping ns
been promised them by the exposition
management. Because of thla it la
thought a like conceeslon will be msdo
the Oregon Agricultural college regi
ment. Permission for the Oregon Agri
cultural college men to go haa been
secured from the war department, and
a guarantee made that tenting, cota and
other 'neceeeerlea will be provided.
The Oregon Agricultural college eon
.iu jnn men itt tnfftntrv eomnentes
and dstschments each of artillery.
signal corps engineers- corps, nospiioi
corps and a hand of 14 plecea. If plans
M.i.ri.liss the encamnment will be an
Interesting feature of the fair, besides
losiig the Oregon Agricultural college a
turn at general advert la lng
Where the Great Work Waa Begun
la 1132.
Chancellor of Nebraska State
University Addresses Stu
dents in Seattle.
(Special Dispatch to Tha Journal i
Seattle, Dec. 10. In the preeence of
800 students and their friends, gathered
In Denny hall at the State university
Thursday night, E. Benjamin Andrews,
chancellor of the Nebraska State unl
veralty, delivered an address on "The
Problems of Oreater America." In the
courao of hie remarks he Bald:
"Our country has passed through a
tranaltion period. I am among those
who are sorry we ever made the change
We must go forward or rsnounce all
claims to a position In the front of
"Pltfslls beset us on every hand aa
we advance Into the position of a world's
power and upon the careful thought of
our people in considering each step rests
the ultimate success of the glorious
hopes we entertain for our country."
fie "declared that without the careful
handling of the problems of state, and
even if they are handled In the moet
careful manner, the time may not be far
distant when the eagle will face the
La Orande. Or.. Dec. 10. The busi
ness transactsd In the United States
land office In I .a Orande In the past
month was In part as follows: Cash
entries. 6.044.18 acres. tl6.I7; min
eral entries, 76.1S7 acrea. tlSO; final
desert entries, 40 acres. 140; original
deaerl entries. 2,732.91 acres. M83.21;
( coal declarations, tie: 1 mining appli
cation. 110; 6 timber and atone appli
cation fee. 1310'. (1 homestead entries,
s.146.4.0 acres. I9M.M; It final home
steads. 4,114.10 seres. salea of
Umatilla Indian lands. t3.Me.01; depre
dations) on the public timber, SS44.70.
Much other miscellaneous business area
transacted, bringing the total receipts
up to
fftpeetal Dispatch to The tarsal.)
Victoria. B. C . Dae. 10 KIl-na-Meet.
a Nawlttl Indian, supposed to have killed
four persons, has surrendered to the of
ficers and been placed In confinement at
Alert Bay. according tn the newe Just
receives here. With him If
being an s
Denver, Dallas, Texas.
Portland and Cresham Exhibitors
Among the List of Prize
(Special Dispatch to Tha Journal.)
Corvallis.. Or., Dec. 10. The Corvallle
poultry show has proven all that lta
promoters hsd hoped that It would he.
The attendance haa been moat gratify
ing and the number and variety of ex
hibits have never been excelled at a
similar show in this section of the coun
try. Yesterday afternoon the women
had full away at the show snd refresh
ments were served to all visitors. The
evening attendance has been larger than
during the day. but altogether It haa
been very satisfactory.
The abow olosea thla evening at IS
o'clock. Among the prise winners were:
Blue Andelustana, 12 entries Cock
erel: First. D. M. Oalbreath, Monmouth;
second. Filbert Poultry yards. Oresham'
third end fourth. D. M. Oalbreath, Mon
ro out!.. Hens: First, Phllberta Poultry
yards; second, third and fourth. D. M.
Oalbreath. Pullets: Firet. and second,
D. M. Oalbreath. third and fourth, Phll
berta Poultry yards
Black Laxngslian. three entries All to
Prank Fanwiok. Portland ,
Barred Plymouth Bocks, cocka-TOver-vlew
Poultry yards, first end second;
cockerel, first, second and third. Hen
Nichols and Hernials. Albany, first;
Orant Thompson, second. Pullet Nich
ols and Dannala. first, second and third.
White Rocka, cockerel Ed Schoel. first;
E. H. Bauer, second. Hen Dick Klger,
first. Wallace; Hurlburt. second Pullet
E. H. Bauer, firet and second. The
president's silver cup waa awarded to
J L. H os kins. Newberg. for best pen
In the show Black Minorca Ths as
sociation cup for the 10 blghsst scor
ing birds Is g tie between J. M. Porter
end Dr. Looter, for White Wysndottee
and allver Penciled Wyandot tea The
citizens eup for the beet collection
Dpt Deeter. Judge Minds leeves todsy
for California He will prretde at the
Albany show December 1 to 11.
iwiii Dispatch te TW Jnsrssl.)
HUlsborn. Or . Dec. 10. The damage
case of W A. Spencer against U. II.
letter wbb on trial In the circuit eeaart
since Tuesday and went to the J"
Thursday at 4 o'clock. Teetereay the
Jury returned a verdict In favor of tha
plaintiff for tn mmomm
his m