THE OREGON DAILY 4 JOURNAR PORTLAND, ' WEDNESDAY: EVENING JULY 17. I0OT
! I..
fSifpSv
IIIUU I I I I I
v i
,V i
allure on Part of County to
f Stop British Steamer Al-
mond Branch Leaving1 the
'Fort After Crashing Into
" Bridge Causes Loss.
KARL HAU IS ARRAIGNED
ON CHARGE OF MURDER
Former Professor at George Washington University Is
Placed on Trial in Germany for Alleged Killing of
His.Mother-in-Law, Frau Molitor.
Because the British steamer Almond
Branch vu allowed to leave port with
out question, Multnomah oounty must
foot. the bill of I6.IJ2 for repairing the
ihm'ui l,n by the steamer when It
crashed Into the Morrison street bridge
on February 19, 1801, while the steamer
was attempting to pass through the
draw. The supreme court yesterday aft
ernoon denied the petition of the county
for a rehearing of the suit against the
Willamette 4. Columbia River Towing
company and others, finally disposing of
the suit.
The towing company waa sued because
the Almond Branch waa being towed
down the river by the company'a tug
Vuloan when tha collision with the
bridge occurred. It was. charged that
the accident was caused by the negli
gence of the captain of the towboat.
end the county sought to recover from
the towing company $5,171 that the re
pairs to the bridge cost.
The towing company alleged that the
negligenoe was all on the part of the
master of the Almond Branch and the
suit "was tried In local clrouit court.
The Jury gave Judgment for the full
amount to the county, but Judge Sears
set the Verdict aside and ordered a new
trial.
a. r.hana-e of venue was then secured.
and' the case was taken to Clackamas
county for trial. The Jury at Oregon
City found against Multnomah county
court, where -a. decision affirming
an
the oounty appealed to the supreme
-e -a a ecu ion ainrming ine
verdict of Ue Clackamas county Jury
waa handed down. A rehearing was
asked by Attorney R. R. Dunlwav, who
appeared as special counsel for the
county, but the petition waa denied yes
terday afternoon.
The damage having been caused
through the negligence of the British
master of the Almond Branch, and no
attachment having been levied against
the veasel before it departed, the burden
of repairing falls upon the county. W.
M. Cake, who was county judge at the
time of the collision and raised no ob
lections to the departure of the Almond
R ranch from the port, haa been one of
the attorneys for the towing company in
(Jomrsal Special Btrrict.)
Karlsruhe, Germany, July IT. Karl
Kau, the young professor formerly at
tached to Oeorgo Washington unl
versuy, Washington. V. C. was ar
raigned here today for the alleged mur
der of his mother-in-law, Frau Mollter.
ine xormer high standing of the ac
cused, the mystery surrounding the sJ
leged crime and the recent suicide of
Professor Hau's young wife have com
blned to attract widespread attention to
the case and the trial will doubtless at
tract' great attention throughout Europe
and In America. Notwithstanding the
fact that he has been formally ex
amined and pronounced sane by ex
perts, it Is probable that mental irre
sponsibility will play a part in the de
fense of Professor Hau. He la repre
sented by eminent rounael and It is evi
dent that a hard fight will be mode to
save him from conviction.
Frau Molitor waa the widow of the
medical councilor. lr. Molitor of Baden-
Baden. On the eveuinir of November 6
last she was called to the tel.Dhone Jn
her home at Baden-Baden and received
a request to go to the postofflce and get
a parcel that waa there for her. She
started at once. When passing through
a quiet street a shot was fired from be
hind her and Frau Molitor fell dead. The
man who fired the shot was Keen, but
he escaped. It Is stated that Frau
Molitor had been long threatned,
and that cunning plots were laid against
her. The motive of the alleged crime
appears to have been greed for money.
Frau Molitor, who was wealthy, it is
said, refused many tlmea to comply
with Mau's request for money, having
given her daughter a considerable
dowry, and arranged that she should in
herit part of her fortune.
Is Tour Haa,
Karl, Hau, the accused man. Is not
yet 10 years of age. He Is tall and
slender, well educated and of refined ap
pearance. He was Just 20 when he mar
ried Miss Molitor. It was an elopement,
and the young couple began a restless,
roving life. Hau had begun to study
law at the University of Freiburg, but
had discontinued his studies..
While the marriage itself, contracted
against the mother's will, carried with
It all ths elements calculated to dls-
tmm vnftnAv uplnor thfflr travels.
The sums sent, however wore not so
large as Hau demanded. Hence the lire
nt (h hmllo mrmm u I u7l a distressing
mlnr It la nrnhlhln. tOO. that Kl'S if
Molltor's hnrshnres contributed toward
increasing the disagreements In the Hau
family. At any rate -he sometimes
made trouble for him, even abroad, by
denouncing him as an anarchist to Uie
authorities.
Hau was srrested In London a few
weeks after the alleged murder. At
the time of his arrest lie denied all con
nection with the crime and has ever
since stuck to his story, although It Is
said that hs has mnde several damaging
admissions. At his preliminary exam
ination he admitted that he has been at
Baden-Baden up to the time when the
murder occurred. It has Deen ancer
tainosi moreover, that he wore a false
beard In traveling from Baden-Baden to
England. Frau Molltor's servant girl
h nawKre.l the teleDhone on the fatal
day asserted positively after the murder
. ' . . . . I A ri.,,i. ..aIa. In
that sne naa reuunwi isu
the telephone.
Wife Commits Sulci le.
One of tho esthetic features or me
esse was the suicide of Professor Hau's
vounr wife. On June 8 she was seen
in nwtfn far out Into a lake near Ffaef
rikon. Switzerland, and then deliberate
ly aa nit beneath the waters. Two day
previous she had paid a visit to her
hunband In prison here. Bhe left the
nrinon in a state of the utmost de-
nrmalon and went back to Pfaeffikon.
A long farewell letter was found in her
clothing after her suicide. In which she
declared that It was Impossible for her
to any longer bear the sorrow of living
apart from her husband, notwunstana
in the chars-e broueht against him.
The governor of the prison Informed
Professor Hau of his wife's suicide and
a story waa circulated at the time that
the accused man had then confessed
to tho murder of his mother-in-law.
This story was subsequently
found to be without foundation.
Although greatly affected by his trou
hies and particularly by ths loss of hli
wife, the accused man has continued to
bear up well. Ho has received every
reiwonable consideration from ths au
thorities and the prison officials. When
arrested be had a large sum of money
in his possession and this he was al
lowed to retain and to spend as he
wished. In prison hs has occupied a
the suit brought
Judge Webster.
at the direction of
ATTEMPT TO STEAL
(Continued frojr Page Ona)
guards In the cemetery and a close
watch will be kept until after the
autopsy Is held.
Magill Conducted Inquest.
Coroner Jones, who conducted the In-
quest which esld Mrs. Magill committed
suicide, declares he permitted Magill
to practically conduct the Inquest In
quiry. He added:
.. . ."When . I called at the Magill home,
letter written by Mrs. Magill was
handed to- me. She wrote that shs had
committed ealclde, saying her husband's
mother caused all the trouble.
"Magill feared that objectionable men
would be selected as Jurors. I directed
' my clerk to read the letter at the In
quest In a low voice, as I wanted to
aave the family from notoriety; I
would do differently now."
- - Attorney-General Stead Is preparing
en opinion on the question of exhuming
the body. If the body Is exhumed, the
, ' organs will be taken to Chicago for
, ' examination by Professor Haines of
Rush Medical college.
Attorney Mitchell says the remains
will show arsenic poisoning and not
; chloroform In the lungs.
; ; Maglll's fate depends on the autopsy.
The mother and four widowed aunts
of Magill, with his sister. Mrs O. M.
Pond, representing 1, 000,000, decided at
a council this morning that the banker
, is innocent and that hs needs their
financial support. It Is reported that a
leading- member of his family declines
to advance defense money.
Prosecutor Mitchell says he will prove
that the quilt on Mrs. Maglll's bed cov
ered the whole of the bed and was
tucked " tinder the mattress on all sides
wnen sne aiea. raucneu says it was
Impossible for Mrs. Magill to have done
mis nerseii.
turb the relations between the mother I room by himself and haa been permitted
and her children, ths continuous applies- I to have his meal sent from a nearby
tlons for money also did not contribute hotel. He is a Roman Catholic and has
toward Improving her relations with her I been comforted by frequent visits from
son-in-law. Nevertheless she received priests of that faith He enjoys un
the couple Into her house upon their I limited reading matter and his only
visits to Baden-Baden, and she sent deprivation haa been tobacco.
COUNCILMANS RACE FOR LEADER
NARROWS DOWN TO TWO MEMBERS
WIU It be Rushlight or Wlllsf
This afternoon in the council meeting
a president will be elected, but who this
Important personage will be Is a ques
tion. Ths race has narrowed doin to
two candidates Councilman A O. Rush
light and A. N. Wills, with honors even.
The supporters of Wills maintain that
Rushlight has been antagontstlo to the
Republicans In the council and they rely
on his friendliness to the mayor to in
fluence the big Republican majority to
vote solidly for Wills.
On the other hand, the counctlmen
who desire that Rushlight be president
of .the body say that Ills efforts at con
duction between the mayor and council
wfll "gain "Turn many friends, and that
when the vote is cast Rushlight will
be the victorious one.
Councilman Annand was heard to say
that the race mould be so close that he
would hesitate to even bet a two-bit
cigar on the result. Most of the coun
cil men feel the same way.
YEAR'S RESIDENCE UNNECESSARY
TO WORK IN STREET DEPARTMENT
MISS SCHEXCK RETURNS
(Continued from Page One.)
Intervening six months she has floated
on. the top wave of high life In London
as the wife of Wilson. She guided many
of the VanderbHt turnouts at the horse
shows where his thoroughbreds carried
off first honors. She mingled with the
vanaerDiir set ana drank to the dregs
the cup of success in the social fast set.
Then came the awakening. No more
complicated romance has ever resulted
from the misdirected shafts of Cupid.
MARK TWAIN NEARLY
WRECKED ON LINER
(Journal Special Service.)
London, July 17. Mark Twain, aboard !
the Minnetonka for New Vnrir m.
day sent a wireless here that an un
identified bark, Monday, struck the
Minnetonka, breaking the former's bow
sprit Prompt action by both crews
prevented a disaster.
Another victory was won by the civil
service commission of Portland when
the supreme court at Salem yesterday
afternoon denied the petition of Thor
C. Landswlck for a rehearing In his
suit against Mayor Lane and Civil Ser
vice Commissioners P. L. Willis, J. W.
Blain and W. L. Brewster. Te supreme
court affirmed Judge Frazer's decision
that a citlten of the United States is
not required to live In Portland a year
before he may be employed by the street
cleaning-, department.
In his suit, by which he sought a man
damus against the civil service commis
sion, Landswlck alleged that he had
passed the examination and his name
was on the list of ellglbles for a po
sition In the street cleaning department.
On December 26. 1905. he alleged, C. it.
McNemee and Qeorge W. Snider applied
Tnr examination ftnrt a .......- , ...
sponse to questions that they had not
resiaea witnin tne city a year.
They were permitted to take the ex
amlnation and their names were placed
on the eligible list. Landswlck demand
ed that they be stricken from the list
because they had not lived In the city
a year, ann wnen me civil service com
mission refused, he brought suit in the
circuit court for a mandamus to comnei
the commission to strike the names of
McNemee and Snider from the Hut of
eugiDies.
Judge Frazer granted a temporary
writ, but when the question was argued
he dismissed it. An appeal was taken
by Landswlck but the supreme court
upiiem j unite .frazer s decision, and y
terday denied Landswlck's petition fc
rehearing in the supreme court, thus fin
ally deciding the case In favor of the
civil service commission.
es-
or a
WOULD REGULATE HOURS FOR
SLUMBER DISTURBING DEVICES
COURT CAN SAY THAT
BEER IS INTOXICATING
(Special Plapatch to Ths JoernaL)
Olympla, Wash,. July 17. The su
preme court today has affirmed the
"blind pig" case of the state of Wash
ington, respondent, vs. Al Moran, ap
pellant, Thomas Moran. et a, defendant
from Whatcom county. Appellant wan
22"? d on a charge of selling liquor
without a license. Besides a technical
exception to the validity of the statute
iC;. is V -a als based on the fact
Tired and weary mankind may sleep
and dream In hotels and apartment
houses to their hearts' content and
many a prayer percnance, win De saia
for Councilman Frank Bennett, for that
estimable gentleman will this afternoon
introduce in city council an ordinance
prohibiting the operating of phono
KraDhs. gramaphones and other ear
splitting and slumber disturbing de
vices after 10 o'clock at night.
Prominent hotelkeepers and apart
ment house proprietors have long seen
the necessity for such action and a
number have requested Mr. Bennett to
secure some relief for them. Relative,
to the proposed ordinance Mr. Bennett
this morning said:
"In preparing the measure I have
placed the hours in which the plavlng
of the instruments are prohibited from
10 p. m. until 7 a. m. and for a basis
of adjusting the restricted district I
have named the fire limits. Of course,
the council may set a later hour ana
mane narrower limits; that is for mem-
oerx to say.
This Is not intended to apply to the
residence districts and is mainly for
me purpose of eliminating: the phono
graph or gramophone music in saloons,
confectionery and cigar stores In the
downtown districts, where people are
trying to sleep. In the residence dis
tricts the, music from these instru
ments usually closes at 10 o'clock at
me latest and there is no need to leg
islate for these districts."
PANTON ADMITS
ASSAULT CHARGE
that v, , . w w uu-ou wu WlO xnci
&F&l&gZ Traction Company Surgeon
Nation lX 2Urt" make "uch " "bM--vatlon
In a case of this vinrt
Nervous People
Cured
By
POSTUM
FOOD COFFEE
Thert a Rtasoa"
Fined for Slapping Dr.
Kelly's Face.
Dr. A. C. Panton, chief surgeon of
the Portland Railway. Light & Power
company and a member of the state
board of medical examiners, waa found
guilty by Judge Cameron In the police
court yesterday afternoon on a charge
of assault and battery preferred by J.
u. Kelly ana rined li.
The fistic encounter which resulted
In the arrest of Dr. Panton occurred
last Friday afternoon in his offices In
the Macleay building. Dr. J. D. Kelly,
who had been associated with Fer-don,
the medical fakir, for 10 days, called
to Interview Dr. Panton relative to the
report that he would lose his license
for Ms connection with the quack. In
the discussion Which' followed Kelly was
asaaulted by his brother mdlco
KeUy testified that. Immediately upoa
entering tho office and introducing him
self Dr. Panton became enraged and
ueriarea: You cur. Tou should have
a rnpe around your neck and I wish I
had hold of the other end. I feel like
killing you." According to Kelly, Pan
ton thereupon struck him a terrific
blow on the head, felling him to the
floor, and then rroceertnd tn HMr hi
As the result of the encounter Kelly
declared that he suffered a contusion
on the head, a cut on the cheek, a
uiuinou enin ana two lacerated fingers.
aire aeiiy, who was sitting In the
reception-room, testified that she had
"iu,"' ,suaK9 aueged to have been
used by Dr. Panton, but did not witness
the assault. She also described the con
dition of her husband after he came
from the room.
P.r-pant,on ln hlfl own behalf ad
mitted on the stand that he had slapped
Kelly s face after the latter had as
sumed a threatening attitude and an
nounced that he would "fix him " The
surgeon denied that he was enraged at
any time and maintained that he had
not used any "unparliamentary lan
guage" or brutally beat Kelly.
Fred Wise, the nrff ... t.t -
Dr. Panton. corroborated his employer
in every particular.
J? i,vlT a ,Dr- ?anton' admission
that he had slapped Dr. Kiv in h
face Judge Cameron found the defend
ant guilty and Imposed a fine of US:
promptly paid.
which was
Journal Rfwdprs.
- The Journal's friends, when patron-
favor by mentioning that they saw
the ad in xtre Journal
COLORADO'S
08
L" TI
Tea to ;6eGooai I
3fore About These In Con
cluding: State's Rebuttal
in the Haywood Case-r-Smuggler-Union
Superin
tendent on the Stand.
(Special Dispatch te Tb JoviaaL)
Boise, Ida., July 17. The, state com
pleted Its rebuttal today and there la
little left now but a week of arguments
for state and defense.
A. M. Sackett, a superintendent of the
Smuggler-Union mine at Telluride, Colo
rado, was the only witness during; the
morning. He testified to lawless con
ditions which prevailed before tne
mtUtla came In July, 1101. Miners not
member of the union were , not per
mitted to work and a reign or terror
was ln vogue. On July 1, 10S. a riot
occurred at the Bmugrler-Unlon., A
vnilav nt shots waa fired Jnto tho
mines. The cltliens then deported many
members of the union whom they ac
cused of Inciting riot
On cross-examination Sackett admit
ted that all miners and others were
deported without warrant of law. They
were undesirable cltliens and not
wanted. . ,
"Tea." said he, "w were the Judges
of who were dangerous and undealr-
b"There was no law," he continued,
"and we considered w acted ln self
defense. "
In the afternoon Thomas M. Stewart,
who was "slugged" at Cripple creek,
told of ths assault by union men. This
was Just before the troops were called
out.
Copies of Denver papers showing the
developments after Orchard's arrest In
Caldwell were introduced Haywood
testified that his first information of
Orchard's Identity came from Denver
newspapers.
Attorney Richardson of ths defense
announced this morning that its wanted
Sheriff Rulan of San Miguel county.
Colorado; David C. Soott, detective of
the Florence a Cripple Creek railway,
and Willis Dewey held within the Juris
diction of the court. While no explana
tion was made. It la stated that the
defense Is Investigating the evideno of
these witnesses with the expectation of
starting perjury proceedings against
them. '
I
TEA
CEYLON
Tli ckolct af flavor
ki matter a fasti
SB SaVSWBwwaaf ajSBBa
should be free from artificial
coloring it should be pure.
Folger's Golden (Sate Teas
are pure iealthful -
freshing. Six flavors
rc-
Gunpowder
Ooloarf
Enfltan Brltfat
Crim
BlaX Ol Crn
Packed flavor-tight in dust
proof cartons.
J. Ae Foltfor (SL Co. ; ;San Francisco
ti
iportsra f .Pur,Tas
Personi iuf(ering; from heart
troublershoi,ud avoid coffee.
Secure a heart tonic and' a
coupon for .
ry t s
"o TfiiriD
Grain
4 ' a .
Granules"
From Skidmore Drug Co.
Jones Drug Store, and Allen
Drug Co., who recommend
It Golden Grain" Granules
for sale by the grocery trade.
Mexican
Mustang Liniment
aaatsjsjkkryUtlM
vsry sr sf ths
alsaass a ad stop
ths mast sees-set,
sxsraelatlng sains
alsssst Instantly.
Mexican
Mustang Liniment
Oarss vary all
f Mss sr Boast
that a goad, hoasst
Unlmsnt eaa car.
Noaa hattsr,
Mots so gsod.
Visit Us
At our new Royal apartments. Try
our hearty luncheons or dainty re
freshments. Our ice cream la deli
cious. Ready to please you at any
hour, day or evening.'
Royal Bakery & Confectionery
Wajafalmrtoa and West rack.
09 iaTS
K Is Very Satisfying
whatever your require-
in
To know that
ments are at this season In the line of
hardware we can nil tnem. For farm,
field or garden we can furnish you with
me proper implements, ror haying we
have forks, rakes, etc.. and for the
housewife we have agate kettles and
pans for the canning season.
Avery Co.
48 Third St. Bet. Pine and Ash
SMASH I GOES THE
Yv'M
W 3
If
foil
)
ON STRAW HATS
Your unrestricted choice of any Straw Hat in the house
Values up to $5.00
$L0Q
Values up to $5.00
Split Sixaws, Sailors, Pinch Crowns, Milans, Mackinaws, Sennett
Straws, Porto Ricans. None reserved all go at the same price.
Get yemrs now while the assortment ia complete. All new, this season's styles.
Out of
the
High :
Rent
District
orsennoes
Over the
Doors
M in
the
High
Price v
Clique
Korsefnoss
Ore ths
" Xers
i V
l ' !, '
f
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M
r
I.
- V--