THE OREGON DAILY JOURNAL, PORTLAND. FRIDAY EVENINO, APRIL 23, 1837.
PICKEL ON ROCK PILE'
CALHOUN H1EETS
FILE CHARGES
POSTOFFICE GANG
STUCK TONGUE
AT HER RIVAL
GIRL JUST TELL
WHO L1A0E THREAT;
i V .
Insulted by ' Negro, '. . Mother
Claims Daughter Was Com
pelled to Leave. .
iVIAY CURE DIVORCE EVIL
s
AGAINST OFFICER
IS BEING PROBED
JudFrazer Refutes to Saver Marital Rope of Woman Whose
Husband Is First Candidate Ukely to Feel Bad- , ;
:Y,Zi- ' ! , - Husband-on-the-Rockpile Law, " ; - ,
United Railroads' v President
Holds Conference With Carmen
" Denies Report of Sale.
Patrolman Sherwood Must An
swer to Commission for Strik
. Jng Woman In the Face;
Federal Grand Jury Expected to
Mrs. Cole Declared by Malarkey
to Have Acted Indecorously
" In Courtroom.' v
v Return Indictments Soon
. Against Postal Robbers. iJ
mm
u o
- The bad-hneband-on-the-rockplle law
la destined to operate aa pa'Hntlve
'for th divorce evil. If a precedent met
by Circuit Judge Fraxcr today la fol
lowed. ' ...:;.'.. " V -
Fraaer refuaed to grant a divorce
"Mrs. Elda A. Plckel thla morning on
the ground that tha new law, which
goes Into affect on May IS, will nerve aa
at mora effective .relief to tha deserted
woman than divorce could.
I Tha decision of Judge Frazer aerved
' to tiring out the name of the first known
'candidate for subjection to. tha bad
rroeband-on-tbe-rockpllc - law. - Ha ' la
Kllaworth Picket manager of tha Guide
Publishing company and published of
. tha Investor's Guide. . -,,: , v -
' . Wre of ads Family. "."!-
Tha new law waa flrat suggested by
District Attorney Manning aa batter
relief to tha deaertad woman than dl
' vorea woold bo and Judge Fraaer
promptly voiced hla approval. Tha
womaa'a attorney objected, saytng that
, ' Plckal had told htm that If ha ware
compelled to eupport hla family he
, would akin out, bat Judge Fraaer re
a ponded: ' .
, lt ha did aktp out the community
; would be well rid of him. If ho dldnU
and refuaed to aupport hie family we
would aoon have him en tha rockplla
No, I think that I would better not
: grant tha divorce. At leaat t will take
,tha matter under advlaement."
Picket ieved AaoUteg
,'i .
The law referred to waa paaaed by tha
last legislature, having been Introduoed
by Senator Big Slohei. It providee for
the confinement of men who beat their
wlveo or fall to aupport their families,
tha employment of auch men en the
IVARRAHT FOR
IIEHEY REFUSED
Hebbard Threatens to Kill Lang
don If He Does Not Issue
' Warrant for Heney. " .
(Joaraal Baeelal B-rrlee.)
, 8a Francisco, April gsV-mdge Xeb
bard's earn ana (or a warrant for tha
arrest of Francis J. Igeaey on a charge
of erlsalaai Ubet was refused. Xebbard
than wont t pottos headquarters, where
no flonrtahad revolver, declaring he
would kill District Attorney Xjjagdo If
tha warrant were not leaned. Ki waa
taken to the obiafs offloe aad a guard
plaoed otst axm, knngdom ordered aim
arrested U he made aay further ala
gnraaaoo. ' Kebbard had been drinking.
' Baaasaaass-nnBaaB-anaaaa-aasaBSk . , .
" Women Arrested for Larceny.'
. Ada Barnes and Mrs. A. E. Foster
ware arrested by Patrolman Phillips at
' an early hour this morning and booked
at the oity prison on a charge of lar
ceny. W. C Coleman alleges that while
in the Plasm saloon with the two women
one of them robbed hla of 1 80 In gold.
Coleman has sworn to complaints
against both of the prisoners and Is
being held aa a wttnaes for tha nra.
jlmlnary hearing sat for tomorrow.
se
' kind Nature supplies
m7?. in n ii ii i -rii mil --nt m . .
bd..sv i i sni it g ma ii nil i a . u ..
fur and feathers to animals and birds, a tough
hide to elephants and politicians but man has '
to come to us for his coverings, and' we study to ; ; j
. In bur extensive line of popular priced Hand
, Tailored Suitings we have, in addition to the 's
quiet, unobtrusive - patterns, some strikingly J
.new and pronounced styles, which you will not
;find in other stores. t'-'-''U-': -This
week we are making a special display of
Youths' (ages 14 to 20 years) Spring Suits in
Fancy Worsteds and Cassimeres eiehteen pat- V
terns in all at : Vi: V;v y,- ' ' ;
CuSlCulxnProp
, Men's and Boys Outfitters ; '
1 HS-1C3 THIRD ; ST MOHAWK BLDG ,
rockplle for a period not - to exceed 'a
year, and the payment Of II a day to the
family during auch period of confine
ment, . .' ', .., : , . i '.
The Picket family troublea
tofWght to head when Plckal fall in
lov with Mra. Blanchard. n friend of
Mra. picket whom the latter had taken
in while Mra. Blanchard waa getting a
divorce from a huaband of her own. Thla
waa Jhe winter of ItOS-ltOf. when tha
ricKcia w-rv resiainsr at- i vaugnn
street Picket and Mra. Blanchard be
came ao Intimate that tha wife, who waa
carrying a new born Infant In her arms,
announced that either Mra. Blanchard
must loava or aba would leave herself.
Find Vew aoomUa Plaoe.
" Mra. Blanchard left, but before ah
waa out of sight Plckal aaid: "Home
without her will never be a home to
me." A few weeks later Mra. Blanch
ard waa running a boardlng-houao and
Picket waa one ef her roomers.
Mra. Picks! is now trying to grub
her living from a heavily mortgaged
10-acre farm near Beaverton, Her old'
eat child la lj.-'her youngest 1. A writ
ten agreement to tha effect that Picket
will give hla family a boma aoraewhere
when tha 10-acre farm la gone baa
been entered Into between the two
parties, but Judge Fraaer . does not
place much confidence In the husband's
promises. . ,
"l believe tha huaband Is - merely
sing thla woman to free himself, aaid
tha Judge. ' "tie evidently wants to
marry the other woman and as soon as
ha Is rid of his wife and has tha other
woman ha will probably forget hla
promises.' . . . '
Tha Pick-Is war married In Albany.
Oregon, In 1I0L . '
DIFFERENT VERSION OF
Mil LMY KIlllXB
Shlpman Says Judge Loving's
- Daughter Was Only Given
Whiskey for Illness. ' ;
: (Jearaal Saedal nwvlea.
Richmond, Va April tl. There
seems to bo conalderable difference Of
opinion a to the Juatlfloatlon of Judge
William Q. Loving In killing Theodora
Estes (or alleged dishonorable conduct
toward Judge Loving's daughter. ! A
statement given out by J. M. Shlpman
contains version of the tragedy which
differs In a number of particulars from
tha oar Iter aeoounta.
Shlpman says Mlao Loving was taken
for a drive by Bates at the instigation
of big hoeteaa, Mlas Kldd, who had Just
returned from a drive with tha young
man. -Tha girl complained of being
alck all day and was given a drink of
whlskev. n . 5. i '! -.-.
V "Nowhere in the testimony oi Judge
Loving waa there any . atatement thai
any naaanlt had- boon committed on his
daughter,' Shlpman says.- -wnen eirtea
down, Judge Loving's justification . Is
that his daughter became unconscious
and that bo ahot Eatea (or giving bar
a drink." '' '
Tha latest version of the story Is
that the girl was never drugged and
' never maltreated. !
the foliage to the plants,
iV . 1 I ill I 11 . ,
(Jearaal Up1t gsrrlee.l
Baa Francisco, April it. "I "don't
want a strike. Thero la no cause for a
strike.. I am willing to continue the
high rata of wagea now In force, tha
best wagea paid carmen anywhere la tha
Lnlted HUtea - But I cannot go any
farther than tha wagea fixed by the
board of arbitration.' Tbla la tha
atatement made by President Calhoun of
tha United KaUroada . s
' In the hope of coming to soms under
standing which will prevent a strike of
tha carmen on the lines of the United
Railroads, President Patrick Calhoun
met the executive committee) of . tha
union at 11 o'clock this morning. The
new demands of tha men for a minimum
wage of II a day and an eight-hour day
were discussed.
Calhoun enlightened, the . men on tha
flnanolal condition of tha company and
will submit aooounta ahowlng there waa
an actual loss below tha fixed charges
and operating axpensea (or tha month
of March thla year of M.S00. Also ha
has shown to the executive committee
that the award of tha recent board of
arbitration Increased tha aum of money
the company must pay in - wagea by
f00,000 a year, such Jncreaae going to
the carmen, shop workers and ail em
ployes affected by tha award only.
That a strike may ret be averted la
the hops of Calhoun and ha la bending
all bis energies to that end. If thero is
a secret ballot taken at the mass meet
ing of the carmen Saturday night tha
ohanoas of a strike will be minimised.
An open ballot mar result differently.
As far aa can be ascertained, the com
pany cnbss, tha platform jrien without
exception are against the Imposition to
strike. L ,
While everything Is being dona to
prevent a etrlke it Is declared that tha
United Railroads la prepared to .meet
any crista that may ariaa. As tcV tha
extent and details of the preparations
absolute secrecy Is maintained at the
headquarters of tbo company, abut tha
seriousness of tha situation Is not dis
guised. When asked yesterday whether there
waa any troth la tha report that the
United Railroads is preparing to ael Its
property. President Calhoun doelared
emphatically that ha was never less In
clined to sell out than at the present
WITHIfJ THE ACT
Attorney-General Denies Com
pany's Claim That It Is ;
Not Accountable.'
Salem, Or. April II. In answer to
an Inquiry from .the state railway oom
mlaalon Attorney General Crawford, In
an opinion given yesterday, saya the
Armour Car Lines company Is within
tho purview of ohapter Ct of the gen
eral laws of 1107 to regulate transpor
tation ana . creating tho railway com'
mlaalon.. ,'.,'
This question was raised when tit
eompany, on being requested to furnish
Its schedule and rates refused to do
so, declaring that alnce It leased Its
ears and furnished refrigeration there
for to tha railway eompany It occupied
no relation to tha public and that Its
business did not ooma within tho cur-
view of tha state railway commission
act. Tha attorney general says. In part:
Ona obleot of the aot la to oatabllah
a tribunal where, persons aggrieved by
exceeslve charges for transportation.
refrigerating or Icing may apply for re
lief and if tha aforeaald rentals or tha
charges for such refrigerating or Icing
were not aubject to examination by the
commission tho same ' could bo plaoed
so high aa to practically prevent ship
ping tha ctaaaes of produota requiring
rerngerating ears; or unjust discrimina
tion oould bo made and tho carriers
could successfully outer tha plea of not
gumy." .. , . ,v v - v .
' -
ASKS DIFFERENCE
AS COMMISSION
TV. 3. Johnson filed ault against K. B.
Ryland, W. H. Hyland and Ira D. By
land, . oomprlalng tho Hyland Iumber
company, .In the United States circuit
court this morning, asking for damages
in tho sum of llJ.oa. Johnson claim!
California as his residence and the lum
bar company's property la situated near
Xugene. ........ -.'.-'., '
In his complaint Johnson aliases that
ho entered into an aareement with tha
lumber company to sell Its sawmill
property for tll.000. for which ho w
to receive a commission of ll.fOO; If ho
soia me property for more than 118,000
he was to receive tha difference between
I3S,00 and the selling price.
jonneon alleges that ha secured a
purchaser tor tha property at a brleo
or iBQ.ooo, and that he depoalted Sl.soa
in a Kugene bank to bind tha -sain,
After he had dona this, Johnson allegea
that tha Hylanda refused to sell to his
purchaser and later sold tho property
to another person. Becauaa of tha al.
leged breach of faith Johnson aaks the
court to give him judgment for Ill.tOO
$1,100 as commission and 112,000 as
tho difference between tho agreed price
and tha price which Johnson's purchaser
waa willing to give.
MCMANUS' MEN GIVE
ESTES BAD CHARACTER
Pendleton, Or.. April (.-In tha Me-
Manua murder trial a motion made by
the defenae waa argued laat evening,
under which It waa attempted to secure
tha admission of testimony regarding
tho charaoter Of Bob Estes, whom Mo-
Minus killed. Judge Bean, ruled that
tha question as to charaoter waa too
general to sustain tho objection. He
tated it would ds proper 10 admit evi
dence which would tend to ahow tha
reputation of the dead man as to hon
esty and -Integrity.
When court opened this morning tha
defense had a long Hat of witnesses
ready to prove the character of Estes.
These were aumraoned and testified
that hia reputation for honesty waa
bod.
noma damaging testimony was
brought In by both aldee, tho prosecu
tion seeking to snow tna wrong man
waa ahot and the defmo that Eates
wag a bag mar ,. , .
"By ram, gal, yer aartlnly hev dim-
plea In yer cheeks Ilka tho spples tew
hum. If yarU entertain me far tha
evenlo' I'll give yar taw of my beat
Hears," said Patrolman B. T. Sherwood
to Lissle Bulllvan, a variety aot rasa, aa
ha affectionately stroked her hand in
Ericsson's conorrt hall, while on a hunt
for evidence of tha alleged sale of liq
uor in the resort. ,
At leaat thla waa tha sworn testi
mony given by tha woman In tha polios
court thla morning during her trial for
disorderly conduct, for which aha waa
arreated by tha patrolman.
That Sherwood's ardent wooing . of"
tha blonde waa not aa alncero as his
language might indloata developed later
when, after aha had knocked a glass of
"Cincinnati" from hla hand ho vicious
ly struck the vaudeville artist on tha
mouth with hla clenched flat. Inflicting
a lacerated wound of tha lip. . Aa the
result of tho sworn testimony of four
persona thla morning. Attorneys Logan
and Bweek, representing tho woman,
chargea of gross-' brutality and conduct
unbecoming an officer will be filed
against Sherwood with the police com'
mlaalon. t
It waa shown that Sherwood blun
dered In the entire affair, tho taatlmony
ahowing that upon making tha arrest
ha took his star from his vest pocket
and, laying the badgo on tha table, dra
matically revealed bis idenUty In this
manner. .'.-
Relative to tho aaaault committed on
X,lle Sullivan, Patrolman Burchell,
what accompanied - Sherwood, testified
that his brother officer had alapped the
woman across tha mouth. Hugo Frits,
Emma Duncan and tha Sutlrvan woman
awora that tha blow was struck by tha
huaky "cop" with hla clenched flat, and
Sherwood did not make a vary strenu
oua denial of having been guilty of tha
brutality -charged. ' . v -
. Both offloers testified that tho bev
erage dlapenaed in the concert hall was'
beer but were unable to offer any evi
dence other thaa their opinion. Several
bottles of ."Cincinnati"" water1- ware
brought Into court for Judge Cameron ta
taste but tbo court was not willing to
make tht teat. -
Upon interrogation by . Deputy Fits
gerald both women declared that they
honestly believed that Sherwood waa a
"hayseed" and that no beer waa aerved
at all. Tha two women have been ap
pearing on tha Paatagea circuit.:
Judge Cameron has taken tha case un
der advlaement and. will render a deci
sion tomorrow. , .1. ...
SAVE ITS
L LIFE
Tacoma's Suit Against Northern
- Pacific to Enforca Old . ,
, j; Compact, Filed ;
.
(special Dispatch to The Joans.) .
- Tacoma, Waatu April St. Suit was
filed In tha superior court today by the
stats of Washington on relation of J.
8. Whltehouae, Henry Mohr, George P.
Wrlght'aad George DyaarC against tbo
Northern Paolfio Railway company.
Thla la tbo case In which tho Tacoma
chamber of commerce proposes to com
pel the Northern Paclflo eompany to
grant to this oity certain conaiuona or
railway servico and other privileges to
which It agreed years ago in Its ac
quisition of certain terminal rights and
right of way within tha , corporate
umiia oi "jacoma. ,
Tha Northern Paolfio is charged with
having Ignored this agreement by with
drawing such service and deatroylng
such privileges as are vouchaafed ln.the
original compact. . - -.
COMPLAINT OF LUMBERMEN
Qnly On Car for Every Four Needed
-Other Have Plenty. . , ,
(Special Dispatch to The Jenraal.) v '
Tacoma, Wash- April It. The Wash
ington lumber manufacturers are today
adding another count to their long Hat
of grievances agalnat tha Northern Pa
clflo railway. They are hero from all
sections of western Washington, tha oe
caalon being tha special aeaalon of the
Paclflo Coast Lumbar Manufacturers'
aaaoclatlon. They charge discrimina
tion on tha part of tho Northern Paclflo
railway In not furnishing cars for lum
ber and shingle shipments, James J.
HIU has been quoted as saying he would
rather not haul lumber at all thaa to
transport It at existing rates, aa other
classes of freight are more profitable, -
Thla opinion of Mr. Hill, the lumbar..
and ahingle manufacturers claim, is ta
keeping with the spirit , shown by the
Northern Paclflo railway In furnishing
care. ' They aay that while the North
ern Paolfio yards are filled . with ears
loaded with, wheat, merchandise and
other freight, and while tho railroad la
giving prompt attention to tha trane
portatlon ' of these , commodities, tho
lumber Interests are suffering severely.
The embargo on lumber shipments has
been removed, but, without cars to load,
wo mlllmen are no better off than when
tha em oar go was In effeot Tba ma
jority of them say they aro . getting
about la per cent of the cars , their
business, requires. - - v.
Higher Floor Rate to tha Orient, '
' 8pU1 Dispatch to The Toarntl.) "
Vancouver. B. C. 'April It. At a
mooting of tho Northern Paclflo freight
bureau bald yeoterday it was decided
after July 1 to Increaaa tha rata on
flour ahlpments from British Columbia
and Puget sound porta to tba orient.
Tbo rata to Japaneea porta will be It
tnatead Of It.aO, aa at present Tha
rats will also bo increeaed 10 per cent
to Hongkong. , ... . r'.
WAKES TO FIND NEGRO.
BENDING OVER HER BED
Jmrasl Special Servlee.
Norfolk.. April Is. Mrs. Ed
win Werneld. wife of Marylapd'a
governor, whlla on route to tho
exposition aboard tha steamer
Columbia awoke laat night to
find a negro bending over her
bed In . her stateroom. Her
screams attract od the deckbanda,
but tha negro plunged through a
window and has not been lo
. cated,w
e)d44e4eede)e
WOULD
TERfiil A
Investigation of tho men who robbed
tho Bell wood and St. Johne poatoffloea
began mis ai is moon wnen witneasea
for tha government appeared before tha
federal grand Jury to tell of the opera
tions or tna robbers. - . '
AsaiatantL. United States Attorney
Jamea Colo haa completed hla ovldenoa
around tho gang In such a manner that
Indictments aro expected to follow the
taatlmony. No mora desperate gang of
crooka ever worked In Port Ik nd and
their jiamea hare been linked with
many other 'Crimea besides those en
which they wero arrested among which
are the blowing of the aafa , In the
Gresham bank, tha robbery of W. W.
Beardsley and wife, when tho aged
couple and their servant girl wero
bound and gagged while tho robbers
ransacked the place; tha robbery of tho
Moasman hardware store at Vaneou
ver and many other Crimea of Im
portance, including tho Dr. - Johnson
murder, of which tho men are sus
pected of having knowledge If they did
not actually commit tho orime. .
Included in tho erewd are rrans
Wayne. Frank Kelley, Archie Turabull,
Clauds J. Essies ton, Charlea Anderson,
Louis L. Smith, A. F. Toots" Bryant.
F. 8. Ranklna and William Carter.
Turnbull and Eggleaton are out on ball
and will testify In behalf of tha gov
ernment Eggleaton waa very nervous
as hs paced tho eorrldora of tho post
office building and occasionally forti
fied hla nervea with draughta from a
black bottle. Ha ta aaid to havo had
an opportunity of eecapfhg being - In
dicted aa an accomplice when be waa
arreated had be told all ha knew, but
Mr.- Cole believed thatJ he waa holding
back Important facta In the case and
ha was held to tho grand Jury for recelv- j
lng atolen government property. . j
A largo number of witnesses , win
teatify against tha robbers.' and they
have been sitting In tho eorrldora of
tho federal building several daya wait
ing until they would . be called for
aervtoo. . ' ' . - , .. -
Foreman Ben Selling reported .five In
dictment 'this morning whan Judge
Charles B. - Wolvsrton took tho bench.
Of these ons waa against Jamea W.
Morgan, alias "Kid" Morgan, who raised
bank -notes and paaaed them on real
denta of cities in tho northwest. Mor-
san nasaed one on Miss Pearl Pepper
of Pendleton, and afterward gave Secret
Servico Operative Tbomaa B. Footer a
chase of J.000 before being arreated.
Morgan has ' confessed to hla . crimes
and will probably bo arraigned soon.
Two Indlctmanta were returned
agalnat N. C Hulin, who , need the
malls for fraudulent purposes. . Ralph
Jackson,., who . stole a cow on the
Klamath Indian reservation, was an-1
other person to have an Indictment re
turned agalnat him. Jackson la aaid to
be suffering from consumption, and
Attorney Mills,' who represents the In-
dlan aakad for a'apeadyt UlaL Jackaon
will be arraigned this afternoon and his
trial will bo set down at an early data,
Judge Wolverton atatlng that a petit
jury would bo- impaneled about . the
middle of May. .;.-
The fifth Indictment waa against a
man who haa not been arreated and the
authorities refuae to divulge hla name.
It la said to be an unimportant postal
raae. A bench warrant was lasued for
tha man and hi arrest Is expected In a
tew daya ' .
When court convened 'this afternoon
at ' I o'clock Foreman Selling handed
tho Indictment . against Captain J. E.
Nellson to tha court. Netlson was In
dieted for having dumped refuse into
the Willamette river while : acting aa
maater of tho tug Star,
In addition to Investigating the post'
office robbers today tha grand Jury is
said to have Investigated several un
important postal eases in which arrests
havo not yet been made.
HARRIF.UN controversy
MADE TEDDY STRONGER
(Jearaal Special flervwe.l
New Torn. April It. The Evening
pest says: - Tho movement recently
started by some of the railroads to diss
cover the oorreet attitude of the publld
toward President Roosevelt's policy hss
proved so successful . that tho plan ts
being adopted by other road a especially
la the west Tho information gathered
by the railroads ta not of a character
to reassure those ' executive offloers
who havo opposed recent federal In
vestigation It Is 'admitted that
throughout tha weat the president Is
even stronger than before the Rooee
velt-Harrlman controversy. ,
There Is absolutely no doubt In the
minds of those railway officers who
have taken the trouble to Inform them
selves of the public sentiment that the
great Majority . of voters a re with
President Roosevelt In ' his sf forts to
correct corporation abuses. Every large
railroad oompany .has thousands of
station agents wbo ere In a position to
aacertaln accurately the reeling or eaoh
community. It Is said, and -that (heir re
ports, 00 far ao obtained, agree as to
the inoreaaed popularity of Roosevelt,
RESTAURANT OPEN
TO' ALL CLASSES
. Henry Hanno, one of the proprietor
of the Turn Halle cafe at Fourth and
Yamhill streets, was declared not to be
guilty of any crime by Judge Cameron
thla morning when the caae against
Hanno, who had been charged with al
lowing Immoral women, to frequent hi
plaoe. was dismissed.'. Cameron held
that sines tho defendant had a license
to conduct a restaurant it waa not a
crime to allow a woman of tho town
to enter the plaoe provided she con
ducted herself In a quiet and orderly
manner. - ':' : "
It Is contended by many that tho de
cision of Judge Cameron throws down
the bars for the saloon men of the city
who are continually violating tile ordi
nance prohibiting women in their place
of business. These people contend that
all saloonmen will now have to do
will be to take out a restaurant license
and serve some kinds of food to enable
them to allow . women In . their plaices
with Impunity. . '
Inspector. Bruin, when Informed of
the decision,' said "Judge Cameron's rul
ing speaks for Itself. The deolslon
knocks the pins from under the police
department as all that will be necessary
now Is for every den of Infamy-to se
cure a restaurant license and we will be
powerleaa. As far as I am concerned
wo will continue to make arreats of
every Immoral woman found In saloon a
unleae I reeelve Instructions to the
contrary from my superior"
? '.; - .. . ' V
Becauaa she maliciously stuck but
her tongue at Mrs. Fred F. Smith dur
ing the trial ef the Bmtth divorce suit,
Mra- Olive Cole, who is Involved in the
oaae aa oo-respondent, became the ob
ject of a dramatic denunciation by Mra
Smith's attorney. Dan J. Malarkey, thla
morning.' During Malarkey'a speech.
Mra Smith, vfbo waa on the witness
stand, became hysterical and cried out
against the woman who had stolen the
love of her husband. , ; ;
Malarkey demanded that Mrs. Cole
be banlahad from the courtroom. He
declared that both ha and hla assistant
counael. Attorney John Ditchburn, had
aeen Mra. Colo deliberately poke out
her tongue' and wag It In triumphant
glee In the face of her vanquished rival,
At. thla Mra Smith broke , lto loud
weeping, '. - ' '
"He's my husband, my nusbana -not
hers," cried tho Injured, wife.
Judge Bears, who Is presiding at tha
trial, docllned to look at the tongue
poking incident In a very serious light
Whlla not expressing himself upon the
right of Mrs. Cole to shove out her
tonsue whenever' she desired, he decided
that as shs was to be a witness In the
case, she ought to be allowed to remain
In tha courtroom. -
Mra Smith waa on the stand most of
the day. The woman broke down a num
ber ef times and receaaes had to be
taken. Her testimony was rsey at
times, but most of It related to business
transactions, as the leading lasus In the
case is the ownership of real aetata ac
cumulated during the Smiths' IT years
or married lite, xne tact tnat emiin
paid Improper attentione to Mrs. Cole
was well established, both by Mra
Smith and by other witneasea - V
; Tho huaband is a marine engineer on
the steamer Capital City. He resides
at the Arctic a rooming house run by
Mrs. Cole, the divorced wife of John
Cols of The Dallea Mra Smith earns
her own living by dressmaking. Smith
brought suit for divorce and a division
of the property and Mra. Smith Is con
testing on a oross-complaint ( '.
EXCURSION " COMMITTEE
. CLOSES ASSIGNMENTS
The first batch of aaalgnmento waa
closed today by tho excuraioa eommit
tee ' of Portland commercial organisa
tion a fog tha trip to eastern Oregon
and Boise May . About Se men are
now on the-llat ; Another meeting will
bo held next Tuesday, at which . fur
hur asaignments will be made. -
The following men are paired for
bertha: . , ' s --
J. B. Frem and H. 8. Tut hill; 1. M.
Scott and Herman Wittenberg; F. W.
Arias and. A. H. Ellers; C 6x Jackson
and D. H. Smith; Joseph Rotten a and
C. D. Brunn; O. M. Brown and J. W.
Vogan; F. E. Manchester '.and F. O.
Buffum; Dr. C W. Cornel lu a and Dr..J.
W, Morrow;. Charles h. Maatlok and T.
N. Stoppenbach; A. C. Callen and W. II.
Dedman Jr.; George M. McDowell abd
Julius Durkhelmer; George W. Hoyt
and F. W. laherwood; A. H. Breyman
and W. iC. Lawrence; N. A. Perry and
C. H. English, T. ' W. B. London and
W. H. Moore; J. P. Rasmussen and F.
E. Beach; I A. Brown and Leslie But
ler: Leslie Scott and A. H. Potter; A. A.
Dekum and Otto- Mangold; Fletcher
Linn and E. M. Brannlck; L. Q. Swat
land end ThomaaC Watta; F. 8. 8tan
ley; E. C Johnson and L, Therkelsen;
T.; T. Burkhardt and H. M. Cake; Jay
Smith and Hon. C W. Fulton; R. B.
Carey and 8amuel Conned; William Mc-
Murray and Tom Richardson; J, H
O'NelL 'v.-f . , '' ...1
MILLIONAIRE MARRIES Cv ;
NURSE WHO SAVED HIM
i ' (Joareet Rpeelsl SerTles.f' '
San Bernardino. CaL. April it Wil
liam Halaey, a millionalr of New Tork,
waa quietly married laat evening - at
Redlanda to Mlaa Mary Weir, a trained
auree, . Back of the marriage Is a pretty
romance. - Halaey came to ' Badlands
seeking health and was soon on ths
road to recovery, but had a relapse, and
Mlas Wetr wag placed la charge of the
aa. Her devotion saved his life. He
soon became prominent In the social
and bualnes life of Redlanda hot In
the tnldat of bis activities again became
IU and had to be removed to a sanato
rium. While tossing with fever he re
called how Mlas Weir had nursed him
back to health and strength and sent
for her. For week the nurse refuaed
to leave hla bedside. Her faithfulness
first won tha millionaire's admlraflon,
aad whan he was reatored ' to health
again he proclaimed himself her devoted
suitor, and within two -weeks after hla
restoration hs led her to the altar.
FIVE ARE GIVEN
THEIR FREEDOM
In addition to the Flckel and the
Smith case a. ' five divorce suits were
heard in the circuit court today. Judge
Fraaer preeidlng. F. C Schroeder was
divorced from Mamla Schroeder on
grounds of deeertlon, Emily Luoaa waa
divorced from - Morton M. Lucaa on
grounds of cruelty and drunkenness.
Blrdi S. Bagby was divorced from John
B. Bagby on s grounds . of desertion.
Jerome Palmer waa divorced from Bes
sie Palmar on grounds of Infidelity.
Testlmonv was taken in the case -or
Ollle Burgess agalnat Lemuel Burgees,
but the case was continued to allow tna
plaintiff' to secure depositions from
witneasea who reelde In Malheur oounty,
where the - defendant runs a sheep
ranch. Drunkenness Is charged.
; Jackson Deads Not GafltT.
Ralph Jackson. Indicted for stealing
a cow on the Klamath Indian reserva
tion, pleaded not guilty this afternoon
by attorney and his ball .wag fixed at
ll.too.
Captain J. K. Nellson was this af
ternoon made a party to the Indlotmont
of tho Star Band company for dump
ing aand Into the channel of the Wil
lamette within th harbor llmlta, '.. ,
' Carmen's Conference Ends. - -
San Fraaoieoc April !. The street
car conference broke up- this afternoon
without a concmalon being reached. No
arrangements were msde for further
negotiations. In all probability a strike
will be voted, - -.
: Sensational developments . and '. tfV ('
poaslble Incarceration of aevera! per
sons for Interfering with the admtnla
tretioi of Justice is expected In the ..
Case of . O. I. Joell, a negro, charged '
with ' having insulted Edna Ileus, tha -pretty
daughter pf Mra. George Hartell .
of 1S10 TIndU avenue. : . , ,
vJoelI waa arrested last Saturday aft-,"
ernoon by Detective Hill and Patrolman .
Ole Nelson, at Third, and - Morrison .'
streets, upon complaint of the young 7
woman,' who alleged that the negro had '
been following her about the-atraete
and annoying her with hla attentions... .
The case came up for trial on Mon- ',
day, but waa continued .until yeater-
day upon request of Attorney MoCanta
Stewart, representing tha defense, upon '
the calling of the raae the girl did not
put in an appearance, but Deputy City
Attorney Fltigerald, scenting that some
thing waa . wrong, refused to dismiss
the matter. - .-. . . ; - -
A aubpoena foy the young woman and
her mother waa given to Patrolman
Adams for service, and upon visiting
the Hartell home the policeman ascer
tained from the girls mother thai
daughter had been frightened out of
town by some friends of tha defend
ant and had gone to Colfax, Washing- '
ton. . . ,' . -V - , .
- Mra Hartell appeared In the police
court this morning and; declared that '.
aeveral persona whoae- Identity she did,
1 not know had Informed her daughter
that If the case, waa prosecuted art at
tempt would be made to besmirch tha
glrl'a character." Mra Hartell eta ted,
however, that Attorney Stewart had
nothing to do with tha matter as had.
been Intimated. Tha mother expect to
have the girl back in Portland -by Mon
day., and the caae-was continued until
then.' . : ' '. ,!v- '.
Mlsa Haus will be required to tell
wto induced her to leave the rtty, end
D'puty Fltagerald haa announced , his
intention of vigorously prosecuting Am-
persons responsiDie. -
ELECTRIC RAILWAY FROM :
HOOD RIVER JO MT.' HOOO
tSperlsl tHapatek te TH Jmraal.V'; 4
Salem, Dr., April 21.- The Hood River
eompany, whlcji filed its article of in- . '
corporation with the secretary of atate
yesterday, haa for Ua' aim the building
and maintenance of im olectrlp. railway " .
from Hood River' to, Mount . Hood nnd
to connect wMh . th Oreton Railroad
aV Navigation- company on the asuth .
elde' flf the Columbia river and with the . .
Portland A Seattle Railway company's
line on the north side of the river at a
Folnt near the town of White Salmon.' '.
t alao purposes to run a ferry between
Hood River and The Dalles and o oper- ,
ate steamboats between Hood River and ' -Ths
DaMea The . incornoratore ore A.
A. Jayne, ' H. F. Davidson, Frank A.
Cram, Leslie Butler,, John. Lehtnd len- .
derson. P. 8. Davidson and. J. ti. Hell- . ;
bromer. The capital stock is 1 10,000. ."
Other articles of Incorporation weee
filed aa follows:'. ' - ' ' v .
Glendale Telephone ompanv. Incor- r
poratora, Alvln F.- Bother, Karlo'B.' ,;
Stewart andrBltss I Darley,' main' of-. ,.'
Boa, Glendale, Douglas county; capital
stock. I5.C00: . , -. - - - " -'Vv -.',The
Virtue Copper Mining company, .
Incorporators. M. N." Thompson,- Orant . '
Carroll. Lerey Lomax. Albert pacctmej ; ' .
and A. W. Butler; main offloe.. Bakor,.
Cltt capital stock, tH,006, i ? ' ','
The - Tillamook Cold Storage .com-'
pany, Incorporatora,. I' B Zlemer, M. ,
P. Leach, R. Robinson agd H. T. Botts; -capital
stock. IS.000; main office,' Tills-
mook City. ' .
LOUDEN WARMS'
; - UNDER COLLAR
:".'. i.iti i
:, V. ' -' ' ','? '-'' ,-'
R. F. Louden, the' tlmberinan who' was ; j.'
arrested on complaint of Jud !Yoho f
Seattle on a charge of selling worthloee :
timber land ' to Mra- Mary 8. Craig, : v
declare he wll make It hot1 for those ,
who brought about the ault. The rase -haa
been dropped, aa Louden ' bought. '
the claims of Mrs. Craig and two other
women at their own price.' -
"Some ether dealera wanted to get It
cheap, and when the women tried to
sell t these men told them th land
s worthloaa" says Louden.-- "It la ,
away up in the Caacadea on the Sat)- , ;'
tlam. and the snow ts so deep at this . -,.
aeasoa that nobody can get In to look
at It I will -get a lot more for the
claims than I have paid for them. 4jf'
the women could have the asms bwTcTi , -
aa I tf they had not been soared.".
.'..)- Married St Tonopah. .' ',
Pater McCraken. a . well known
young clubman, and Mlsa Clara ftllbert " '
were married at Tonopah, Nevada, last '
Monday.'"
,(. f IX A SHADOW- v.;
tBTsterate Tea Srlnke reared "araly.
., "..ta..- .. ." , .'"
."il' . .'V f " , t,t l :''
?- : . '. -'- -
' Steady uee of - either tea or coffee
often produces alarming symptoms as
the poison (caffeine) contained la these
beverages acts with more . potency In
some persons than In othera
. "I waa never a coffee drinker," writes
aa Illlnola woman., "but a tea drinker.
X was vary nervous, had frequent a pells
of sick headache and heart trouble, and
waa subject -at ttmee to severe attack!
ef bilious colic. - .
"No end of steeple ntghta would
have spells at night when my right
side would get numb and tiagie like a
thousand - naedlea were srtcklna
flesh. At times J could hardly put aay
.tongue out of ray mouth and my right
eye and ear ware affected.
"The doctors told me I was liable to
become paralysed at any time, so X wis
in constant dread. I took medlolne of
various doctors and no end ef patent
medlolne all to no good. - - .
. "The doetors told me to qdlt vgsing
tea, . but I thought I oould not' live
without It that it was my only stay. I
had been a tea drinker for tl year;
was under the doctor's care, for II.
"About six months ago, I finally quit
tea and oommenoed to drink Postum.
"I have never had one apell of side
headache alnce and only one light attack
ef bilious colic Have quit 1 having
those numb apells at. night sleep well
and my heart U getting stronger all the
time." Name given by Postum Co.
Battle Creek, Mich. Read the little book:
"The Road to . WellvlUe," la ckga
"There'g a Reason.'
;