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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (May 12, 1905)
If..: -"TV TWO CEfo PAY NO. MORE VOL. IV. . NO. 8. Its Efforts; Now-Are to. Prove That Riner'samerWas Signed With His4xmsenlv Money-byrFalse-Pretensesrin Declaring Sewer - Completed Must - Fail- Mont ensartnnat'testtniony' wag given brtnty AUdUor T. "C.Devltn "T this morning In the Tsnner creek sewer case. In which R. M. Rlacr' is1 on trial.' ac- ; cused of attempting to obtain money by (alas pretenses by signing a certificate lo tin executive board tliartha nwir had been completed according to plana And specifications. "I believe that the slgnaturca of R. M. Rlner. William C Elliott and Henry -Chandjer tob-iial-rUflcatiaeiBl4, H....in., .... . forged." a wore Mr. Devlin, when he waa r Attorney called thla morning. I belleve'tnat R. M. Riner'a slgnatura .waa forged by hie son E. M. Rlnerand that the signatures of Elliott and Chandler were forged by George Bcoggln, assistant en-. ' glneer under Elliott."- 1 ' ' " ' hnmhshell in the ctunD of the state's at lorneyr The "vital bearing the auditor' evidence had on the Issue before the court la indicated by the statute which provides that the crime ef obtaining- money by raise pretense may do iaiu a. person' a door only when it la shown that he signed some instrument or au thorised his signature to auch an Inerruv ment. which Instrument muat have been the hnala of his claim for the money obtained or sought. The signature of R. M. Rlner to the final certificate of the completion of the : Tanner creek' aewer work, therefore, la . a, salient point In the prosecution. That there were deecta in the aewer has . been established by abundant testimony, ; and the-stato- would have been com pelled only to aummon witnesses easily available In order to prove the defec vtlve character of the work. , ' The attate'a - T. tor Devlin's testimony, la that every act of R. M. Rlner -before the algnature In queatlon waa affixed, to. the certificate and subsequent thereto la In confirma tion of Ulnar's culrablllty aa charged In the indictment The task set' the pros " ecutloa by - Devlin's testimony,- is to Trofir'that. if someona clBa1merR. " M. Riner'a name to . the certificate. It . was aimed with the ftill knowledge of I, Rlner ana wun nis consent. Practically every queatlon asked by District Attorney Manning and Deputy Motor thla morning was objected to by Ed Mendenhall. counael for R. M. Rlner. , - It was brought out by Oeorge - H. Howell, member of the executive board when the aewer queatlon was up before It, that Ed Mendenhall, preaent attorney for Rlner, attended - meetings of the board and urged payment of the claim, on the repreaentatlon that the work had been done. It waa testified by R. I Ollsan. mem ber of the board, that Mendenhall, ap pearing for Rlner, appeared before the board as stated by Howel! .and- 'that, there waa no claim at any time that the eertlfliftrTtnaother returng tanrTni - merous signaturea were not genuine. "ThfelWlg nothing In the testimony-ttat tended to disprove that Rlner ever ques tioned the regularltyof the proceedings leading up to his final demand for the $35,000, until he cine Into court as de fendant in this case. I "" Booggln Bay X gUned f or Tiro. - Oeorge Heoggln. 7- assistant engineer under Elliott, was also a witness, and admitted that he signed-Elliott's -and Chandler's names to the final certificate. -Herexplalfted -that the algnature of Chandler, a surveyor, was Hot vital, and waa really a mere transferral of. his original signature, to hlg' report on the work to tha engineer's office. Aa to his having signed Elliott's1 name to the rUncate,-attogain would-not aalLOliaikllled, ' ! , i jgsrr TEN BOYS CAPTURE A BOA CON STRIOTOR v- . ' (Journal Bperlal. Serrlre.) rfewTork, MayU. The Bun say .Tan boya trudged Into 'the tenderloin police station last night drflfggtng a ..gunnysack In which they, bad a. dead snske 12 . feet long. They dumped It Ton ne iioor. "We were blaring under the h rid re at Eighteenth street, near Fifth ave nue," aald the spokesman, "and saw a snake crawling along under the bridge, ,We got a lot of rocks and ptoned him. When we were sure It Vbs rtrtid we put him In a sack, aa we thought- the police would like. to have him." - . -.... A policeman at tha station, who used oourt that ha hadauthorlty to do so. He professed ignorance of who signed R. M. Riner'a name .to the certificate. Howell's evidence waa Important In another . respect. In that tie swore that Elliott at the meeting of the executive bonnntated that fie" had personally examined tha sewer and round It com pleted In keeping with tha plana and specifications. That waa what he-stated In the certificate, which Is questioned as of signatures. Attorney Mendenhall.-eroas-onestton- lng,- brought out one fact not - helpful to his. case that 'Mendenhall himself f waa at the board's meeting and lepra- sented K. M. Rlner in asking .that the money be paid. : t sra roramaa Q F. O'Neill, who was foreman for tlnr'psrt of the tlnHrlneeweT was'Ttinderr't'onstrtJetlon." was on tha witness stand for hcarljran hour, up to noon, and only partly completed hla testimony. - He showed from the official plans, which were hung on "the walCbe f ore the Jury, that the sewer was de fective, and In minute detail explained Juat how the work was done poorly. "Did Mr. Rlner ever tell you that It made no difference how the work was doner) asked Mr. Manning. ; "Itrnject to the question as leading." said Mr. Mendenhall. and the objection waa sustained. Mr. Manning, then Went another course to draw from the witness Information-apparently f.lven by him prevloualy that he had been virtually Instructed by Rlner to slight the work. The. statute relating to obtaining money by fala pretense" requires that if a worthless document is the basis of prosecution 1t-mot . be proved that It lias been signed -bythe person ac cused. This-makesTt possible for one to escape punishment, even though all the facta prove that he' conspired to defraud an individual by making un true representations In securing the money -sought. Section 1497 of the Oregon code is the one that " requires the written evidence, anil nectlnn defines the crime. tecephongirl,s error- PREVENTS BANK ROBBERY ;' (Special Dlapatrk to The Journal. Fruita, Colo,, May 1. The mistake of Miss Nellie Sperry, a night telephone operator, who rang up the First National bank early thla morning Instead of the city marshal, prevented the bank from being robbed of 18.000 and alao pre vented tha capftire of the safecrackers. The robbers first blew open the safe of the Frufta Mercantile company, se curing $700. Then they went to the bank and blew off the outer door and were -about to shatter the Inner 'steel ttar - w enlng them away. A roomer near the bank, seeln g tha flash of a dark lantern In the bank, reported it to-the telephone of f Ice wlth the request that the marshal be sum moned. , The girl became scared an4 rang up the wrong number. - FIVE REPORTED KILLED m RAILROAD WRECK l (Jonrnil 8 Special Service. . Dallas, Tex.. May 1$. A wreck was caused by a washout en-the Cotton Helt east of Dallas today. - It it reported teat threo Mssengera and two trainmen were to hold a Job at a circus, 'aald the snake was a boa and had evidently died on Its owner's hands, and not by vio lence., - -- -While, the-Bun Inclines to -minimise the Importance of the snake episode, the other enoming papera- have, takenr srt- ously '.the -story- that the boys . told. I Oraphlc aeounts arnear of thw fight tween the boya and the serpent. - One story Ulla how the' boa glided up. Fifth avenue, stampeding pedestrian. An other story ascribed remarkable pro portions to the snake, saying it Waa 13 feet long and as - large - around as ' a man a miao. - " ' . " 4 PORTLAND. OREGON, 1 Ti Kii v wy.sv xn 1 in T7T --' " r mz7. : .i.. , . . 11 i ii i i i i ii; i.. it 'ju i v a m msw . n m i r 'nxvai ta j i swrasiww mm i asaas vej - - - mbw am a ,-- vr -m - . -j m - -rn, . 1 -- .fj: J!ks-. ' - - - - -- '"in I . ... l-'n t ildence What's the Matter With Old Ringtaii? : --- , ; ' " - , j " " ; - vAw, He's Got About Four. Millton Cocoanuts and Now He's Trying to Give Some t of i Them Away. But the Other Monks Won'tTakeJThem. They Say They'reJTainted. v : - : . 1 ; - ; NAN PATTERSON WILLNOT BE TRIED AGAIN (Jxarnal Special Service.) New York. May 11. Nan Patterson was rcleai'ed froroJall-thla-morning her own recognisance. This mesns that she will probably not be brought to IrlMl again; . Nan waa taken , before Recorder ,Ooff shortly after llVnblock, "where District Attorney Jerome made a motion on which to set ' her free.' She was ac companied by her counsel, .Abe ,I.vy, Daniel O'Reilly and her father. s soon aa she heard the words which set her free Miss Patterson stsrted for At torney Levy's office. Tomorrow she will start- for Washington to-see-her mother. - In making his motion Attorney Je rome said that he fell " that hla as slstanta had done their duty and acted efficiently, and that he would have pre sented the case In the' same way. He recognised tha futility of efforts to con ht-ivlnt, tli formation which permitted of-no doubt that there was ar uniformity of opinion in the Jurors' minds -on three points. First, that J,-Morgan Smith bought the BOFORD AGROUND IN , ' MALABANGA HARBOR I Transport. Carrying -Troopr From Portland Meets With Accident ''" e Not Serious. . (Journal Special fWriee.V , - MnHa,-May 12. while entering the harbor at Malnbanga. Mindanao, yester day -tha-l.-nlted -States irray trHpHport Buford ran aground. The troops aboard have been landed and It Is thought that the Vesii'l can be floatedbefore she sus-' tains much damn'grT''ns she Is com paratively free of freight. There are no rocka 08 any consequence where she Islylvg. I . s - With the Fourteenth Infantry from Vancouver barrarka the Buford left Portland April S for the Philippines. After stopping; at Honolulu on the out ward voyage-foc-j a ahort time she ! reached Manila May a, which- la con aldered a very fair passage. Although she la the largest transport In the serv ice, drawing more Water than any of the othera. she arrived at and departed from Portland harbor without the leaat delay. Neither waa she detained -at the Columbia river bar. bot went 'fa- tea an hour after her arrival at Astoria--'. .'i I-,' - '" . y ... FRIDAY -EVENINGrM AY 12,1003. SIXTEEN PAGES mm revolver; aecond, that- Nan Tatterson took the revolver with her, and third, that Bookmaker-Young did not -commit suicide. "" " . T In ordering her dlscharg Recorder uff-ii id la Nag. 'I hope that when- you' iobRTiack ri these experiences you will . be con strained to lead a life of chastity." Mr. and Mrs. J. Morgan Hmlth were arraigned an- hour later before Justice Foster. On the motion of the district attorney Mra. Smith -was discharged. Smith was also discharged, but Imme diately arrested and taken before Judge Cowing -on- body attachment Issued June-, last year, by Judgo Newburger. Thus ends the repeated efforta of the district, attorney's office to convict the former Florodora girl for the murder of Bookmaker Caeaar Young last. June. Three times has she stood trial? -Once last September when the death of a that he. had ln.lj.ufmajicausedaiytrlal,the second time: last December when the fury "failed to agree and the last trial, which ended last week, and which alao resulted in a failure, MURDER MYSTERY PUZZLES CHICAGO Bodjrnof-Unldentified'Manpis; -covered Standing Upright in - Hotel Vestibule. (Journal BiiecUl Servlet.r""''" Chicago, May J 2. Ther Chicago pollre have apecullarpyrpiir-iling murder mya tery' o solve, and yet have nutanglble clues em1 w4tieh--i work. The bcySy of an unidentified man was - discovered standing), upright' in the vestibule ef the fltafford hotel on VSrf- Buren wlreet early thla morning. The body was hor ribly bruised In meny places. On-the back of the neck wss a peculiar wound. T hex body la that of a man 4$ yeara old, "of slender build,' gray hair and hald head. U Is . dressed . in., dark -clotWng made of high-priced fabric. Michael McDonell. a saloonman, says thatJihs saw two mcn wnom he helleve.1 newsdealers,, carry tlio' body across the street and place it In front pf the hotel, lie a hid aaya that he saw a wagon be longlno to.Ute. Quaker- Biscuit company standing In front nf the hotel. As' soon aa the body wag placed there tho wagon waa driven away on the gallop. . ; The corener'i physician found Ivsrit rlba broken.. ... 1 - DEER'S FREE - MJss Patterson Vanneared In ourt gowned In simple black, which she wort! ourmg ner trim, ana sne waa in gooa p i r 1 1 aandneTaheBaazbecttg1ygn heF freedom was ijulte jubilant." 8he satdT-? eapeeted the Jury wauld f lud ml not guilty, and I was sorry not to be acquitted, but the people believe me 'Innocent? and I know that I am not guilty. I will prove In the future that the. public has not misplaced - their Confidence. "I go to Washington to see my mother who Is waiting for me aa she has been rormnny-weary month. I -will not think of future plans .until Jave rested ai nome lor a ina innc. Miss Patterson was ' Joined at Attor ney Levy's office by her father and her sister. Mrs. J. Morgnn Smith, who had lao been riven her liberty. It is estimated that the trial of Nan .PnU.erwmJnsjosL $S9.00 -and - t&O.OOO, Since June Jaat Nan Patterson-"has been a prisoner of the Tombs, emerging only to face Judge and Jury. . ' .. EIGHT KILLED AND : ELEVEN BADLY HURT Huge. Gas Tank - Explodes at Breeze Point Dealing Death and Destruction. -(Jnernal Bp-eUV- SetTlca. - -PhlladelphlAr-May U. Without wnrn Ing one of the huge tanks of the -United Oaa Improvement company's nlant, -at Point Brecte, exploded at 11 o'clock this morning.. ".Eight men were Instantly killed, snd 11 injured. Two -j. p.-.Jheso will probably die, The" big ' lank . was completely wrecked and "windows wera shattered for-blnck in the southern section of the city. " I - The tank, which welghed.huhdreds oj Ions, 'and contained thousands of -cubic foet of gaf, was rent asunder and frag ments hurled In ever direction. Fol lowing the rehowers of gteel was a shet of flame which -em vetopert everything within a radius of 100 yards, and caught those workmen who escaped the force of th explosion. -The Injured ware taken to 81. Anger hospital and of these. John Boyd and Owen Brady wl' - . v-irT-T TMim XiUWI NfflESiEQEGEEt District Judge Passed Away at 4 o Clock This Afternoon. END FOLLOWS DAY OF UNCONSCIOUSNESS Close .of . a. Long and Honorable Career.. on the ,' Bench Family Gathered About the Bedside. Judge Charles B. Bellinger died a few minutes before t o'clock this afternoon. It waa known all day that Judge Bellln ger'e life hung-by-athrem 'and the" members - of hla family were notified. He had been uncdnsclous for hours and, a few momenta before i o'clock this sft ternoon he ceased to breathe, -. : . -all nf Judge Bellinger's famffTFhts Wife, three' sons and twq daughters, are at hla bedside, and -many of his inti mate friends have - called ai the rea- ager- to do - something for-tha af XMotea . houaeho! tliarlea ft. ttolllsfrr was born In ifauna, Kwn MBlr. UUuttl., WoTaile HI, IK'a. and at th age of S ynrt rame to Orrsva with hla parent ana grandpa renta, Aflrr-.xecrlrlng a Tnmnpm SfTIftoT eiTucatlon, antipli.oieuted with wm..1Jtt u,,(vfriiity. b8 Wan to reaa law at Salem In tbe orfk's of B. F. Hnnbam, afterward t'nltrd States mnaul at Ca Irot ti7y:-rf - teraij of the auprraM -Court In 1DM3. Inimedl ataly theraaftfr a fngas'a In Ilia uiarttcs of at nalnm In nartuerahlD with J. C. Cart- right. " who was afterward dlatrtet attorney and ansiBilaf loner of Internal revenue for Oregon. ine arm raniair sniiiiree a gooo nnaineas and Mr. Hlllnr haoama a'rtltelylntffritel hTteaTlU, to bwMM editor of the Arena, a new tecno rratlr paper that waa founded by Joaepb S. Smith and othera. After an editorship that waa aa-eeaaful Mr. Bellinger's health been me Impaired and he retired from editorial work in IHrtd and with another ena-agod la tha mercan tile bualaeea t Mnnroa. In Benton county antll IHrtO. aerrlng tn the meantime. In 1MM. a term In the leglalatiire aa repreaentatlre from Benton county. i - In t he moved to alhamy.-l.tnn eonntr; to praHina law with N. It. t rannr of that plara and at tbe aame time tn take the eilltorahip if the state Klffhta Iteuiirrat. a newapaner. He afterward eold. tut hla Intereat In tbe paper to bla partner and In the fall nf remoTed tn Portland, trhere be baa realded ronttnuoualy alnee. In 18TI he waa appointed by Outer iwr'TiniTer to- the nfflee of proeefutlnx attorney ffir the fourth ludlcial dletrlet of the atale. In 1N72 be waa' Brnliiate4t en the IVw-ratlc ti'kt't fur the offlre of , prnaerntlng attnmer. tml oiatU n.lldte .was -delta t4i thjma-fo be ran .ahead nf the ticket. In lTS be went tn the Mnone war wltb ilen-e- AOia. yMUler la,lhe raiid' of aide and with the rauk nf nilnnrl. II retnalnrf nntll peace waa eatalillhed. He participated In the bnttle nf the 7a Reda. January 17, In whlrh tha I'nlted States tnnia under Gen eral Wheatnn. tbe -Oregon vnluntrers and a com lianjr of California olunteera, were defeated by Captain Jack . with heary loaa. He waa upon tieneral Wheatnn's ataff during the en sagrment. and reeelred h.iralil saentlna f bla nerlce la that ffle.T'a reju'rlcf llut baitW-l' In-tart HrW" Hpphiter clerk or the sniireina enurt of the atate and waa ei-ofheln rewirter nf Its derlaluna. - While holding that uotltloa he served aa chairman nf the Heauicratlv atata central committee dnrlngiH7S an- IN77. cover lug tbe etcitlug period of the Tlldrn preaidential campaign. - In the fall of 17 he realgned .the rlerkahls tn accept the circuit court judgeship rnr tne then comnrlelng the emintlea nf Multunmah. Clarkaniaa. Wanlrihg" ton. Clatnop and CohimMa.- at The -general election In lo Jii'Vte Bellinger waa the lh" inn era t ft- candidate, for elrcolt Judge, but wltb tbe ticked waa defeated. --On hla retirement from the, bench he re aumed the practice of law In partserahlp with Jphn M. Cearla sad contluued. Vntll tbe fall of IRS.l, when he became a mriber of tbe arm at Polph. Bellinger, Mallory Slmen. He was married early In Ufa tn Mfae Margery . Johiuwn of l inn ennnty, Four, aoua and three danghters wenf-born. In 1h3 he waa appointed by Prealdent Cleveland to the. fcleral Jn.lgeablp. which, poal tlna he-eld until bla death. " STRIKE OIL IN CROOK COUNTY -V .i-Jl, -5aA. ... .... . . Crook county has an oil well. It Is not -producing yet,- twit -nil has-been struck at. a depth of S00 feet from the surface, .and all Indications favor commercial flow. aJ . Thla Important find has been made on Haystack plains, between Prlnevllle and t'rosskeye. In the well recently bonded by-:Archl Mason, the local con tractor. Mr, Mason Is In tha city ar ranging . for caalng for deeper boring, and gave a brief outline nf the strike. '!Dur driaJa. below the soo point and haa entered oil sand. .We have pene trated. 25 or 30 feet of. hard pan, but have not yet gone Into ro k -formation. . flhale waa plentiful, giving the best oil Indication, and when we entered the (ill ssnd we were able to sectirw small quantities of what, appeared to be Cool oil. I brought some of It to rrwrc - 01 :Tuni;-ri(wi BIAVM, . rivs stun, The Nonunion Delivery- of Coal Causes Chicago i Pupils, to. Riot, LABOR WAR DEVELOPS : . AN ENDURANCE CONTEST Employers Jubilant Over Display of , Big Stick by"' President 1 But Laying Off Men V . .:- Lack of Work. : : - ' - f Journat llneelat Herrlre.) t ChlcagQ. .May -12 About a- thousand pupils of the Harrison school. Twenty- third nd-WeritWortn streets, "went on strike" today when the ' Peabody coal wagons arrived at the building to maka delivery of coal. Some of the boya threir-stones ut niiutlofr drtvenrwhlclr" Hfesultedlin--jh)trE"tt- . ' . . . With seven deattha afld scores of peew. pie injured, the teafltstera.'. strike today enter upon the sixth-week of what Tins been biiCImM" moatrvtoient and tub-Ji bornly-ooutaatad-atrugglaa In Chfcago's - -labor history.' : Apparently the strike bat-,. , settled Into jtnenduranceoontestat-Both-elnpioyers and labor leaders de- clare . th- duration of -1 depends upon the staying qualities of tha ether side.' rri , Employers are Jubilant over the dis play "of " the " presldciit'sHilg ' atick'- whicn. neyTeeTtreriain win jiave. a salutary effect In curbing vlofence,. and-are--proceed)ng . with the delivery of goods with nonunion drivers on a mora extensive scale. The hearing of testimony 'In support ter In Chancery Sherman continued to day. - - ; , Charles Johnson, a teamster, waa ' ' mistaken - at midnight for a atrlkv breaker and set upon by a crowd at ; Twenty-fourth and Wentworth streets ' and badly beaten and one eye knocked ... out - John Bernard a union teamster. wss shot In the hand and thigh last night by a Ti'gro said to be a nonunion driver fur a department store. Bernard wss a strike picket. Twenty-one hundred police deputies went on strike duty thla morning, guard-. Ing 2.000 wsgons. It Is feared that the return of bright weather todrty will be an encouragement to the strikers to re sume their disorderly demonstrations. Walter Ft. CUair. colored. -employed bf- tho Armour" company, was attackelby a crowd of strike sy mpmhlters while o . hurwayTo wink tlila mornliig-and- ously Injured. He was taken for a" fjrlke breaker Department slores sre sdveriTslhiTeSEi" tenslvely for teamsters to "fill perma nent positions." Most of the sdverttse ments state "union or non-union"- men -will be ncccptfd. Kmployera today be gan to lay off men on account of tha, lark of business brought by the teams ters finite. a "Fmployers announced today that they will not fe-empTOy any atrlker. Thla places an effective- boycott on 4.300 men and boys. Already 2,400 men have beea put In the places of the strikers. . ... ' WOMAN BACKS CLAIMS " WlTHSIXrSHQOTERS, (Special Ptauatrh to Th Journal. I sXoomls, WasU May 12. There waa a panic In Cooper, a mining camp, yester day when Mrs, Q. -M.. -Wheeler -flour---Ished two six-shootera in the face of her husband, - from whom aha recently secured a divorce. Mra Wheeler was given the custody of her children. Wheeler came Into camp announcing that he would take the children, where upon. bJa wife-went at him-with revol---vfa. ghewaaar reated. this city for nnAlynl. and will soon have all the usual tests completed, I am informed that it haa a the hne- terlstlca of a good Illuminating oil.- Haystack -Is a farming cnmmnnltjr bordering the Deschutes gorge. Thera had never been any exploration In tlwt -Immediate district, for oilJiut.f ar ther to the east. In the vicinity ot lookout mountain) .where thera ha been con siderable emrltement over rlnnatar ' there) are 'several locations of oil clnlma. - Mr, Masdn Innrnec) nf the well while building ' t Ho automobile r"ad""f"wen- " Croeskey and Hend. He wa Informe-I thst a 'fsrmer In, trying to g t water for domestic purpoeen had sunk a well to a depth of 200 feer sod V1" ! '"r'l gas won tannine; from th" working mni-h force. This gns had bee t'r with- flame and burned nicily. FLOW Y
