THE OREGON DAILY JOURNAL, PORTLAND. TUESDAY EVENINO, OCTOBER 1, H06. PORTLAND GETS THE BENEFIT Big Brewery Company of San Francisco Is Transferred Here Move Means Much fon City and State EN0LESSGRASPIN6 -CHIEF OF POLICE POLICE PUZZLED BY TWO-CASES LIMITED DISTRICTS CHORUS GIRLS IN SAD TROUBLE OF MONOPOLY THE AX FOR SALOONS Prosecutor David Closes His Argument in Ohio's Cass Against Octopus. Reduces Acting Detective Burks to ths Ranks Because of -Hia Poor Service. Mrs. Rose Bierwood Haa Dis appeared and Aged John Huber Is Reported Missing License Committee Figures Out and May Take Steps to Bring It About, irted in Portland by the Maid and the Mummy Aggregation. SWINGS Oat of the result of the Ban Frsn teisro disaster will be to build up at jPortland the largest brewery plant west tor st Louis. In on move a bear buai jkwM amounting to 100.000 annually hu been shifted from San Francisco to the "Welnhard brewery or this city, arid tbe management la now preparing to In stall a COO-barrel brew kettle, tha tersest west of the Mississippi river with the exception of the Anheuser-Busch plant. . M A. Lane one of tha beat-known 'brewery men on the Paelflo coast, la In Portland today to confer with tha Welnhard management, with which be has become connected sine the earth quake. For eight years ha was la Arl sona, California, New Mexico and Ne vada a representative of the San Fran jcieco Breweries, Ltd., which were de stroyed 1n the Ban Francisco disaster, life has allied himself with the Portland brewery, to which the beer trad of the tfour states has In the main been trans ferred. In response to the demand put upon this plant Paul Weealnger, the manager, hss begun the expenditure of about $260,000 In the enlargement and rtetterment of tha Welnhard brewery, ! which will nearly double Its capacity. Lad eastern representative of tha moat (modern brewery equipment Is In Port land today In conference with Mr. Wes Isinger and his architect J Mr. Lang said: j "Destruction of the San Francisco 'breweries has brought about the great 'opportunity for the Welnhard brewery. Tn the progresstvenesa of Mr. Wes .al nicer la due tha fact that this estab lishment will meet the occssion. Mr. ,'Wesstnger will spend a quarter of a TANNER CITED TO APPEAR : IN DISBARRING CASE Partner of the Late Senator Mitchell to Go Before Supreme Court. I ("pertil Dwpatek to The JearseM Salem. Or., Oct It. Albert H. Tanner of Portland, formerly the law partner jef the late United States Senator John B. Mitchell, was today cited to appear 'before the supreme court November It to show cause why he should not be dle--berred from practice In the courts of ,Dregon. The charge against Judge Tan tner is perjury growing out of his ef forts to save Senator Mitchell from dis grace and was preferred' by the State 'Bar. association. An order was made citing George H. mail to appear before the court No vember It to show causa why ho should not be held In contempt of court for disregarding and violating an undertak ing of appeal in the suit of Hough against g. A. D. Put sr. : The suit of Frank Wllmot against tbs JO. R A N. Co. for damages, appealed from Multnomah county, la being ar gued In the supreme court today.. 'currency reform is -i referred to committee (Jesreal Special errtoe.t St. Louis. Oct It. Comptroller Rldge (ley. In talking to the trust company jeectlon of the National Bankers' aaao clation convention today, advised man lagers not to place unsupported trust In (any official, even If they had known him all their Ufa. He said that trust .companies had Increased their resources POO per cent in 10 years. The currency reform conference adapted a resolution referring to a com mittee all plana The committee was Instructed to meet In Chicago November 20 to consider trie subjects offered and draft bill or bills to be submitted to congress at the next aeaslon for enact ment HEARST IS SUSTAINED BY COURT OF APPEALS (Searsal Special Service.) Albany, N. T., Oct It. The court of appeals today decided In favor of W. R Hearst's contention that the supreme court had the right to enjoin the Con solidated Gas company of New York from shutting off consumers who re ;fusedb pay more than tt rcitttl'oriiit Is extra quality what you want? Or is it only comfort, dur ability and style? The extra quality costs an extra dollar, but here are comfort, durability and style for S2.50 and 93.00. Wc have the Thoroughly Waterproofed Footwear for out-of-door people for $3 and 93,50. el LION lothinoCo CrtUKuhnPfW Man's and arora Outfitters. 166 and 16s Third Street. Mohawk Building. r I I -SSy I mm 1 ii J Wm auisssr .million In the enlargement and modern ising of the platit. Thar is no reason why this city should not see in the next few years as great a brewing plant aa any In the United States. The natural conditions are hare for It Ore gon and Washington hops and barley are the main Ingredients, and they win be used to make the boor that Was formerly made In San Francisco, of California hops and barley, for the state of Nevada, Arlxona, New Mexico and California. Already the Welnhard brewery sign Is up In QoldAeld and la being placed In all other camps and cities throughout the southwest. Demand for Mops and Barley. It means a greater demand than over Before for Oregon barley and pops, and an Increased number of man employed In tha manufacturing industry In Port land A trade of more than 60,000 bar rels of beer annually cornea In one lump to tnis city, we are already serving Tt places In California regularly with barrel beer, besides Innumerable places with bottled product The new Weln hard brewery will almost double the capacity, of tha present plant It will have great refrigerating and bottling works, new brewhouee, and the largest brewkettle west of St. Louis." Tha progress of the' Welnhard brewery In recent years has been rapid. When Paul wesatnger took hold of the man agement the brewery was In fifth place on the coast Now it la the second larg oat In but a short time It will be the greatest brewing plant In the west. The machinery that Is now being ordered Is even more modern than the Bchllta, Busch or Pabst breweries, which are reckoned the greatest plants of their kind in the country. SUES FOR DAMAGES FROM STEVEDORING FIRM Carl Amons Demands Twenty Five Thousand Dollars From Firm of Brown & McCabo. Brown A MoCabe. stevedores, are defending themselves before Judge Cle land In the circuit court today In the suit of Carl Amons for t!5.000 damages for personal Injuries. Amons alleges that he was employed as a longshore man In loading lumber on the ship Tot tenham at Inman. Poulsen A Co.'s mill on January 10 of this year. The lumber was loaded Into slings and hoisted Into the vessel by" a donkev en gine, says Amons. The steam from the exnaust or the engine was discharged on the side of the vessel nearest ths dock and formed a eloud that made It lmpos- iDio tor me engineer to eee the lumber as it was betnc swuna aboard. one 01 the loads struck the side of the hatch, causing the lumber to fait Into the hold. It struck Amons, crush ing his right leg se badly that. U waa neoessary to amputate It between the knee and ankle. Amons charges that the stevedore firm were negligently re sponsible for the accident, and aaha $26,000 damages, t2S0 that he natd for surgical attendance, and attorneys' fees. Brown and HcCabe aasert that the ex haust pipe waa part of the ship's equip ment, ano mat iney were not reepon elbie for any accident that intent re sult from it. It la also alleged that the sling carrying the lumber waa selected by tbs workmen, and If It were defec tive, no negligence could be charged tp the firm. Amons Is represented by At torneys Olltner and Sewall and John F. Logan. Attorneys William D. Fenton and R A Letter appear for Brown A McCabe. The jurors who will decide whether Amons is entitled to damages are: P. A. Chrlstensen. John Btrucken, K. T. Deem ing, William Balls, J. H Dakin. I. C. Kelly. C W. Tracy. Mike Burns, David Cole. 8. P. Osburn and F. A Ooffe. GIBSON MUST FACE CHARGE OF ARSON After an Investigation District Attor ney Manning has decided to file an in formation In the circuit court making a charge of arson against William C. Gib son, of the printing firm of Olbson- Bmlth compdUy, who whs discovered In ths act of setUng firs to the premises of the Kreldt- Printing company. A complaint has already been filed in the police court, but Attoi nef Ferrers waived a preliminary heaping on this charge today and the matter will now be tried lb the upper court. Jp the meantime Gibson is confined In the county Jail In default of 12,500 ball. Frank E. Smith, the partner of the accused man, thinks that Oibson Is also guilty of embesslemeat. He claims that an examination of the books reveals that his psrtner collected a number of bills due the firm and failed to turn over the money -thus collected. He slso gives It aa his opinion that Oibson waa demented at the time he endeavored to set fire to the rival printing shop last Sunday evening. CASE IS CONTINUED FOR INDEFINITE TIME Mrs. Oeorgiana Anatey, who wm ar rested on complaint of Nettle Xlum, landlady of a Salmon street lodging house, on a charge of using abusive lan guage, waa before Judge Cameron In the police court today. It was decided to continue the matter Indefinitely and Mrs. Anatey was discharged. A tele gram was' received by Chief Qiits macher yesterday from Frank Flnlar aon. a prominent Los Angeles attorney and brother-in-law of Mr. Anstey, ask ing the police to treat her considerate ly aa she has bean 111 for a number of reera. . SENTRY IS REWARDED FOR SLAYING GIRL St Petersburg. Oct. It. The sentry who killed Mile. Seme nova, a young medical student, while the girl wss In prison, haa been given a reward of ft and held up In the general orders aa an example of heroic devotion to duty. The girl showed hersdjf at ths cell window and the sen 1 try shot. Forty-nine terrorists were ar rested today In Warsaw, charged With many murders. ROCKEFELLER'S TRIAL TO FOLLOW THAT OF TRU8T State Proves Its Case and Submits Pacta to Jury Oil Kins; May Get a Prison Sentence for Violating Anti Trust Law. (Joornal Inutil Barries A Flndlay, O., Oct. It. Prosecutor David Closed his argument In the case of the state against the Standard Oil company, accused of conspiracy in re straint of trade and violation of the state's anti-trust laws. "The only big thing In this case la the endless outstretching of the grasp ing creature known aa the Standard Oil company," said Prosecutor David. He said that the state had established the connection of the Standard, the Buckeye pipe line, the Ohio Oil and other companies, and had 'proved that Rogers, Archbold and Flagler were In them all, and that Rockefeller headed them ail. Four more speeches will be made. The case will probably go to the jury tomorrow. "The Standard OH trust," David said, "waa organised In 1882 by John D. Rockefeller, William Rockefeller, Henry M. Flagler, H. H. Rogers, John D. Arch bold and a number of associates. The object of the trust waa to control tha oil bualneas, and 80 per cent (of the capital, skill and property engaged In the oil business in the United States was gathered Into the trust, which waa controlled by nine trustees. "This arrangement continued for tea years, during which time it companies subsidiary to the trust, but controlled by It, were organised." Rockefeller's trial will follow that of the Ohio oil company, In the event of a conviction In this preliminary skirmish. Rockefeller la under Indictment on the identical ftharge for which the sub sidiary company Is being tried. This charge Is conspiracy to restrain trade, and that offense constitutes a violation of the Valentine anti-trust law of Ohio. The penalty prescribed Is a floe of f SO to tVOOO. or from atx to twelve months' imprisonment. The oil company cannot be sent to jail, but John D. Rockefeller might be. MALCOLM SLATED FOR THE PLUM Senator Fulton Says He Favors Portland Man for Collector of Customs. P. vftyelco!m .t this city wlll-hei e next collector of customs to sue- the ceed I. L. Patterson, according to ths announcement of Senator Fulton from Astoria today. For1 some time It has been known that Mr. Malcolm has been the favored one of the senator and that Senator Fulton .has privately etated that lie would recommend Mr. Malcolm for appointment as soon as he reached Washington to attend the opening of congress. This afternoon the senator etated that he had decided to recom mend Mr. Malcolm out of the list of those who had been after the office. "The Journal hit the nail on the head," said the senator over the tele phone today, "when It said, on October t, that had decided upon Mr. Malcolm for the place. I have been considering the appointment and some time ago de elded that Mr. Malcolm was the beet man to be chosen for the place. The appointment is made after careful con sideration upon the recommendation of a large number of prominent men and Is one that will bind the party closer to gether, destroy any remaining fragment of factionalism and bring all wings of the party Into harmony. - j "I will not make the recommendation for Mr. Malcolm's appolntmsnt until I reach Washington, but I will leave here far that city about November 1. 'After having become aettled Into the harness there I will rlace Mr. Malcolm's name before the president." "la there any danger that the selec tion this time will meet with any oppo sition In Washington V the senator was asked. "No." he replied, "I think there is absolutely no danger of any opposition being ehown. I think the recommenda tion will result In the epeedy appoint ment of Mr. Malcolm." ARRESTED FOR TRESPASS ON HIS FATHER'S LAND B. R Nichols, eon of a prominent Portland attorney, la under arrest for trespsssing on his father's land. Nichols went shooting op the Colum bia slough last Sunday and while walk ing across a farm leaeed by bis father to a- roan named A. J. Morgan, the renter, Morgan, appeared and ordered htm dff. Nichols refused to go and Morgan came to town end swore to e complaint against him. Nichols waa ar-rested-today by Constable Lou Wagner. but Immediately gave bell in the sum of t60. w. a r. v (Journal Special Service. Boston. Mass., Oct It. Women of world-wide note are gathering In Boa ton In anticipation of the convention Of the World's Woman's Christian Tem perance Union, which begins Its ses sions tomorrow. In the sbsenoe of Lady Henry Somerset, the president, the con vention will be presided over by Mrs. L. M. N. Stevens of Maine. Faces Serious Charge. . Albert Chrlstensen waa arraigned In the circuit court this morning charged with a statutory offense against it-year-old Joala Cappe. Chrlstensen le about 18 years old. He eras allowed until next week to enter a plea. ovmas warn coron. J. E. Dover, 101 N. Main St., Ottaws. Kan., writes: "Every fair It haa been my wife's trouble to catch a severe cold, and therefore to cough all winter long. Last fall I got her a bottle of Horehound Syrup She used tt and has been able to sleep soundly all night long. Whenever 'he" cough troubles her two or three dose stops the cough, and she Is able to be up and well." 25c, 60c and 11.00. Sold by Woodard. Clarke A Co. PATROLMAN SMITH ALSO INCURS IRE OF CHIEF Under Suspicion for Not Being Ac tive in Suppressing Gambling in Chinatown John Price Is Promot ed to Detective'e Position. Aroused to acUon by the adverse criticism of press and public. Chief Orltsroacher swung hla official ax this afternoon, and when the duat has cleared away several changes are expected to result and the betterment of the police department brought about In the Chinatown and "moral" squads. "Purist" E. Burke, Tom Kay's partnsr on the "moral squad," like Huropty Durapty, haa fallen off hie perch with a dull thud and la relegated to the obscur ity of the stable. Henceforth be la to occupy the menial position of municipal coachman In charge of the Orltsmacber hotel 'bua. Burke s fall, from grace was not un expected. Ever since he was promoted from the ranks to be a partner of Tom Kay there have been a multitude of complaints lodged against him. His star blunder, which unquestionably bore the greatest weight with Chief Qrlti macher In reducing htmfrom detective to hostler, waa the attempt to have In eerted In a weekly paper a scandalous story reflecting upon a local newspaper man for the purpoae of causing trouble between the man and his wife. Charges were filed with the police commission as the result and a decision was ren dered ordering the chief to reprimand Burke "Buttinsky" Smith trewj Ax. Patrolman B. F. Smith, commonly known aa "Buttlnaky" Smith, by the terms of the official order haa also been hit in a vital spot. Hia failure to sup press gambling In Chinatown has earned for him a reduction to the ranks and from this date he will have an oppor tunity of counting tha arc lights on the second night relief under the guidance of Captala Bailey. Smith and Detective Hill have constituted the Chinatown squad with Smith In command. Hill has made an earneat endeavor to sup press the gam lug which la being con ducted openly and notoriously In China town, but was handicapped by not hav ing a wideawake, energetic partner. John F. Price, who haa been day pa trol driver, for strict attention to duty and several clever captures msde. Is elevated to the bureau of criminal In vestigation. Patrolmen Mallet and Klen len with Hill will in the future preside over the destiny of the Chinese quar ter. Detective H. A Circle le deposed from plain clothes duty and ordered With Smith to report for duty on the second night relief. Patrolman J. Burke Is taken from patrol duty and given a -.1-1.. .lnth.. .MlnfnMt In tha nl.i. tt strrkey - - - tr-yn .J. . f Gritamacher makes no comment on the changes ordered other than they are for the best Interests of the service. Burke's partner, Tom Kay, Is believed to.be tottering in his position and may soon Join his feUow reformer In the stable. EXPRESS COMPANY BEING SUED Seattle Lawyer to Fores Pacific Corporation to Deliver His Package. (Special triapatca te The JearsaL. SeetUe, Wash., Oct It. Frederick Bauaman, a lawyer who was denied de livery at his home of a rfi"kagt, on which the forwarding oharges had been prepaid, by the Northern PaciflA Ex press company, began cult today to compel that corporation to complete Its contract' and deliver his package. Mr. Bauaman resides at tit Harvard avenue north. The express companies have arbitrarily fixed the delivery lim its that end et Broadway, Just north of Madison street Outside these limits the system eecurlng the delivery of an express package le as complicated and expensive as the procurement of a ship ment from Tacoma. Without any warning to customers the express company accepts a contract to deliver packages In Seattle, receipts for the prepayment charges, then holds up ths shipment In SeetUe until another toll is wrung from the consignee on the pretext that delivery fee must be paid here. The practice of the exprees com pany le to send oat postal cards notify ing customers that a package awaits them at the express office. . BOYS CONFESS TO ROBBING HUNTERS' CABINS Five Woodlawn youtha have confessed to breaking Into hunters' cabins on Co lumbia slough. Early In the summer they banded together end ever since nave made periodical raids on the cab ins. They stole cartridges, game end shooting snd boating outflta. The five boys range from It to It years of age. Their names are William Huth, Homer Oberg, Frank Smith, Henry Cubar and Lawrence Gay. The young offendere were arraigned tbla morning before Justice of the Peecs Raid. They were arrested last night on warrants sworn out by E. Shelley Morgan, one of the victims of the thieves. Among other sufferers are Circuit Judge Oantenbeln. Otto J. Kreamer, C. O. Pick and Casper Roth. The boys wars represented In court by Councilman Vaughn. Preliminary exam ination waa waived and tha bail was rsduced to $500, wbtoh waa furnished by Oay and Cubar. Doctor (seetal Dlsssteb te The Jos real.) Toms River, N. J., Oet It. Dr. Fore man testified In the Brouwer eaae this morning that hs thought that Mrs. Brou wer died of ptomaine poisoning, and that he didn't believe the Ingredients of glass found In har stomach could have caused hsr death. If you are looking for a furnished room In a nice private family, read the classified columns under "Furnished Rooms.'' SECOND TIME OERVAIS WOMAN HAS VANISHED Eight Years Ago She Waa Pound Hiding in Ditch Near Her Home in Dated Condition and Unable to Explain. (Bpeetal Oissetek te The Jesraal.t Salem Or..- Oct, it. Mrs. Rose Bier ward, an estimable woman of Oervals. Or., aged 61, left her home near that place Sunday evening and haa mys teriously sunk from view. There Is no trees left of the woman's flight. She left early in. the evening, about 7:tt o'clock, and If the earth had opened and swallowed her, the mystery would have been no greater. It seems Impos sible that she could have walked -out of town at that time of the evening without being seen by some one. Mrs. Bierward had been out calling with her husband and her son Sunday afternoon, and seemed In unusually good spirits. On their return home shs went to .the dining room to set out some lunch ana was never seen again. Although no evidences yf It were no ticeable at the time, friends believe thit Mrs. Bierward Is suffering from mental aberration. Found la Bitch. About eight years ago aha disappeared from home and waa found soon after ward near her home, hiding In a ditch. At that time one could give no explana tion of her conduct and seemed to be In a daaed condition. She has blue eyea, la 6 feet t Inches high, haa no teeth, leaving her false set at home, wore a black dress, hat and coat with a gray walat and epeaka French. The sheriff haa been apprised and a 160 reward Is offered. John Huber. an elderly man of this elty, baa mysteriously disappeared and haa not been heard from Since Satur day. He recently moved to the city from the Gilbert and Patterson farm, near here. No clue haa been found of the missing man. His wife ie frantic about his disappearance. THEATRE MEN ARE ARRESTED Heilig, Baker, Seamans and Lo gan Have to Explain About Posting of Bills. Warrants were Issuer this afternoon for the arrest of Calvin Hellfg. Milton W. Seamans, George L. Baker and At; torney John F. Logan, tha officers of the Oregon Theatre company, which con ducts the Empire theatre, on charges of causing bills announcing a decrease in prices at that playhouse to be posted on buildings In the buelneee portion of the elty without first securing the nec essary permit. Patrolman Oolta is the complainant In tha caee. Conelderable complaint, baa been caused by the action of advertising agents of the various local playhouses in posting show bills on buildings and fences throughout the city without per mission. The work is generally done in the early hours on Sunday mornings. The bills secured by Oolta as evidence were affixed to a building on Fifth atreet and were put up some time be fore. T o'clock last Sunday morning. Deputy City Attorney Fltsgerald de clares Ma Intention of vigorously prosecuting the cases, "I believe In arresting the officers of the company employing the men who are defacing the city by posting gaudy lithographs on the main thoroughfares. This practice must cease, and It makes no difference to me who the responsible narttes are. I intend to do all in mv Calvin Helllg is presldsnt of the Ore gon Theatre company, George L. Baker Is the manager, Milton Seamans, the secretary and John F. Logan the attor ney. ' The warrants will bs placed in the hands of the police for service this afternoon and the caeee will come up in the police court tomorrow morning. PUBLIC SAFETY BOARD CONTINUES INSPECTION The buildings of the Boys' and Girls' Atd society were Inspected by Fire Chief Campbell, Building Inspector Spencer and Fire Marshal Roberta thla morning. As In St Helen's Hall and St. Vincent's hospital, visited yesterday, a few mlnot changes were recommended, but ne flagrant violations of the building ordl nance regarding Are rlaka were found. Public eafety officials consider It within their province to Inspect such public and seml-nubllc institutions as private schools and hospitals. The last to be Inspected w'U be the churchee. flatting a Sew Oewa by Dr. J. J. Kinyoun, America's foremost moequlto expert, wss talking in Wash ington sbout the mosquito's oomlng ex termination. "It wUl come," he said, "but, to hasten He coming, the public must be drewn Into the fight. It Is on the public that we must depend for the mosquito's ex termination, and, to interest the public, all sorts of msthods, the flneet diplo macy, must be used. "Diplomacy, you know, le a remark able agent The other day a lady aald to her husband: " 'James. I have decided to do without a new fall street dress, and with the money I shall have mother here for a nice long visit.' "James tumsd on hsr excitedly. " Wear that old brown olqth .thing another season? I guess not' be ex claimed. Ton go down town te your tailor's todsy and ' order something handsome. Remember, pleese, that as my wife you have a certain position te maintain.' 'The wife bowed her heed In submis sion. On her llpe played a peculiar smile." .;jto.a!T. from Life. The mlnlstel was shocked when the young lady deTAWed an Introduction te some of his eerrtshloners. 'Why, my dear young lady, did you ever think that perhaps you will have to mingle with thees good people when you get to heaven T" "Well." she exclaimed, "that wiU be soon enough." CANNOT FOLLOW THE EXAMPLE OP SEATTLE Saloons Art Restricted to Fire Die trict There, bat Such fcheme Is Not Practical in Portland, Bay Committee Members. A limited district for saloons la one of the municipal possibilities for next yeer. Seattle deee not allow any saloons outside the Are limits. There are no fire .limits whatever on the east side, ef fie Willamette, and on the west side the boundary would -not apply In the least Members of the liquor license of the council, however, are willing to profit by SeatUs's example aa to a limited district for saloons. It haa been sug gested that the license be granted, ac cording to the district in which the place la located, but this has been turned down aa Impossible and Imprac ticable. At the meeUng of the liquor license committee yesterday afternoon Mr, Wills made another attempt to resurrect his measure Increasing the saloon It cense to tl.000 a year. Discussion, but no action followed. "I thtnkVhe license should be raised, but perhaps not before next July." amid Mr. Vaughn. "It lt'a put to a vote of the people it will be made $1,200 Instead of $1 ,ooo." "Then we have no right to make It 11,000." declared Mr. Gray. Some one brought up the Seattle plan and tnis was discussed. If Portlend's Are limits eeme anywhere near applying a solution to tbe problem as they stand ths scheme might be lifted In Its en tirety. ALBINA TOUGHS DISPOSED OF -..- Judge Cameron. Forces Ring leaders to Sign Stipulations and Then Releases Them. After aeveral lengthy hearings the eaaea against tbe youths charged with having fertietpated In the riot at W1I Hams avenue and Russell street were finally decided thla morning by Judge Cameron In the police court Carl Wll llama, Henry Plattenburg and Oscar Holmee were required to sign a stipula tion agreeing' to a continuance of their caeee and in the event of further dlf flculty to nave sentences on the present chsrges paaaed at any time. ' George Bogga, Nlsk Zona. Marks Jassman, Pete Crleger, Sylvester Do manasse and G. Dlenss were discharged from custody owing to the Insufficiency of evidence. Wllllsms testified in his own' behalf 'and denied that hs had struck either of the policemen during the melee. Nick Zens also testified that although in the crowd, he took no pert In the disturbance. Plattenburg took tbe stsnd and declared that he had ssen Williams deliberately strike Petrol man Keller. A number of the others on trial gave their versions of the trouble. The scUon of Judge Cameron le ex pected to have a salutary effect dn the Alblna gang. The police are determined to prevent any further disorder In that district and at tbe first sign of trouble wholeeele arrests will be made. It wee Judge Cameron's first Intention to keep all of the boys In custody until they decided to tell the truth sbout the part they played in the assault, but he final ly decided epon the stlpulstlons from the rlngleedere of the crowd. ELEVATOR BOY BADLY INJURED Arthur Jesson Caught Between Moving Elevator and Shaft and His Leg Crushed. Arthur Jesson, an lt-year-old elevator hoy employed In the Ablngton build ing, was seriously Injured this after noon by being caught between the mov ing elevator end the shaft. Jesson had on roller skates and was performing for the edification of some other boys who were ascending with him. The boy suddenly slipped and before the car could be stopped hie right leg was horribly mangled and cut to the bona H was hurried to St Vincent's hos pital and. as no bones were broken, it ts thought that he will not loae hie leg. The law's parents reside at ttt Sherman street. , INSANE PIONEER IS VICTIM OF OWN HAND (Special Dispatch te The Joe rail.) Tacoma, Waah., Oet. it. Henry Krue ter. a German 10 years old, who dis appeared from his home on Long Branch last night was found dead, hanging In the smokehouse at noon to day. Krueter was a pioneer of Pierce county. A number of years ago he was sent to the asylum and eras out on pa role. He leeves wlfs end large family. PEOPLE MAY VOTE ON FOURTH STREET FRANCHISE QUESTION Up te a vote of the people by the ref erendum will go the queetlon of repeal ing the "perpetual ' franchise on Fourth street, In all probability. There seems little chance that the council will repeel the franohlee. City Attorney MeNarv reported to the Judi ciary committee yesterday afternoon thet further time would be neoessary for him to oomplete hie Investigations Into the varloua nwnerehlpe of the fran chlee and alao of Its Isgal status. Mayer Lame called tbs attention of the council te the foot that the old fran chlee ordinance granting- rights to the FORCED TO APPEAL TO COUNTY FOR HELP Officials Refuse to Send Them Horns and They Must Either Work in Store or Elee Do Vaudeville Turn on Local Circuit. Miss Dorothy Luksn and Miss Zslla Do ran, ehorus girls who assert that they were left here by the manager of the "Maid and the Mummy" with only 16 cents because they asked for money te pay a hotel bill, are trying to deelde whether to accept positions In a depart ment store or dp a turn in vaudeville. The girls havs been at the Calumet hotel since last Thursday, They say WW are living thsre, not from choloe, but because their trunks are being held there, and they have no other place to sh Miss Luken said this morning that Her companion had nothing to eet for two daya until yesterday. They were aent to the county board of roller, where they were offered half rate tickets te Los Angeles, but no funds were available to buy them tickets. Commissioner W. L. Llghtner was sppealed to and he told the girls he oould get them employment in a store if thexBrmnted it rney would keep ua about 14 min utes In a store, then tell us to go," said one or tne gins, some one else sug gested that they try a vaudeville turn and this met with more approval, but they faced the difficulty of having ne costumes. Miss Luken la from Toledo. Ohio. She says she has a sister in Bakeradeld, California, but is unable to get to hsr. Miss Do ran' a home is in Los Angeles. SUE TO RECOVER THEIR COMMISSION ON DEAL The eult of O. C. R. Ellis and W. E. Kahler to recover ttTI from Cord Sena- stake aa commission on the sale of prop erty le being heard by a Jury Jn Judge Gantenbeln s department of the circuit court today. Ellis and Kahler are real estate agents. They allege that they were employed oy sengstake to sell his prop erty at Holladay avenue and Larrabee streets for 135.000. They secured O. W. Nelson to buy the property, they aasert. and after the transaction was cotm pieted Bang-stake refused to pay their commission. Suit to collect It waa then brought In tbe circuit court. The Jurors who are hearing the evi dence are: H. D. Lessen, Ous P. Keller. Antone Schantlne, Andrew M. Anderson. F. H. Kearney, W. a. Lauthere. Martin Oleson. T. W. Cook, D. W. Butler, Syd ney A. Baker, B. F. Rainey and Simon Bayer. Testimony is being heard this arternoon. ' 1 HELD TO AWAIT THE ACTION OF GRAND JURY Frank Royal, who ie charged with murderously assaulting R. W. Nelson. an lt-year-old lad, waived a preliminary hearing this morning and waa bound over to await the ictlon of the grand Jury. Royal was represented by Attor ney Walter Wolfe. Hie bonds were nxed st 1500. In default of which he wee re manded to the custody of the sheriff. Clirt on Rhtnehorl, the 18-year-old high school student, who was arrested by Patrolman Craddoek several nights ago on a statutory charge, waa bound ever to tbe circuit court today by Judgi Cameron. Mabel Howard, a 14-year-old girl, with wbom he Is alleged to have been Intimate, has been sent to the Home of tbe Good Shepherd by the Juvenile court NOTED JAILBREAKER IS TAKEN TO PENITENTIARY Frank Gordon, alias Smith, alike, Bodr well. the noted JalDreaker who haa been In cloee confinement In the county JeU for several days to guard against hla effecting a Jail delivery, wes tsken to the penitentiary this morning to serve an Indeterminate sentence of from one to five rears for larceny. Mike Potato, who was eentenced to serve 10 yeare after conviction of a statutory offense aaalnst 10-year-old Mabel . Maae. wss also taken to the penitentiary thla morn ing. The prisoners were guarded by Sheriff Stevens and Chief Deputy Sher iff Jacob Proebstel. UNKNOWN MAM DIES UNDER TRAIN WHEELS , (Special Dispatch te Tbe Journal.) Tacoma, Oet. It. An unknown man was run over end Instantly killed at Prescott, three miles east of Tacoma, this afternoon. He stepped off one track and onto another to evold a train when a passenger train from behind ran over him. Tha body Is that of a mid dle-aged man wearing rough clothing. BANQUET TO BE GIVEN eajaf Manas, mm ata aai I M aW s s vjl iu Htv. t. r. Murtrnr Rev. B. P. Murphy, delegate of the United Irish league to the national con vention at Philadelphia, will be ban queted by the league at the Hotel Port land nest Tbureday evening at I SO o'clock. Rev. Mr. Murphy One of the leaders of the home rule movement and Is regarded ea one ef the most patriotic Irishmen of hie time. Oregon Central railway doee not Include aay provision for operation of a rail- , way on that atreet by successors or as- ' signs of the Oregon Central now a dead and forgotten road If the elty attorney ehows that the Southern Pacific has no legal right, even under the so-called "perpetual" fran ohlee, td operate the road It le probeble that en ordinance repealing the fran chlse of lltt will be introduced into the council, but there le little probabil ity of Its passing. In that caee a petition to Include the question upon the ballot next spring will he Immediately circulated