The Oregon daily journal. (Portland, Or.) 1902-1972, February 04, 1908, Page 8, Image 8

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    - THE OREGON " DAILY JOURMAi; PORTLAND. TUESDAY, ? EVENING, FEBRUARY i ;1903.
L . Ul . -
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OHIIilO UUI
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Manage?', of X-Radium Insti
tute Disappears as War
rant for His Arrest for
Forging Death Certificate
. Is About to Be Served.
BRISTOL'S TESTIMONY
QUESTIONED BY HENEY
. 11 ', ' ' 11 ' "
Witnesses Called to trove That the District Attorney Or
dered the Hendricks Telegram Sent to Heney in
San Franciscor-Answer Came by Telephone.
houri
Chief
'"' ' Emcit Hevman. erstwhile manager
of the X-Radlum Institute, wanted for
" forarln the death certificate of Oolda
M. Rowland, baa disappeared. The laat
seen f llejmana by hia attorney, Al
1 Menden hall. . waa Saturday night, ao
cording to a ststemont made by Men
denhall. Since then nothing baa been
seen or beard of Heymana. ao far aa
known, but the story that ha left -Poland
Sunday la not believed by city hall
'' 0rLaEithr C Pohl. city health officer.
' awore out the complaint before Munlcl
' rel Clerk Frank Henneeay tout J
o'clock yesterday aternoon. The war
1 rant was not taken down atalra to the
..ntil .hnul 4 O'clock. It la DO-
V Ileved that Heymana learned of the ae-
tlon of the city ftlclale and took the 1
o'clock tram ror ruget pduhu.
. nvhy the warrant waa not delivered
'. to the police before several
' elapsed pussies Dr.' Pohl and
Urltimacber.
Where the Inveetlgatlon of the forged
. certificate wlU end la problematical. Al
ready aeveral physiciana. Coroner Fln-I-.,
.k hMith denartment have
Un dragged into the arfalr through the
attempt or tiermina -ca
use of the gfrl a death at bla resort
Coroner Flnley disclaims any Jnowl---
edge of criminal Intent to faUK thj
death certificate and while he eckjowl-
edges that no may n i'" " -statistical
portion of the form, he ssys
he does not remember doing ao. He
aya that - he did not know anything
Yhi artrl-a condition untt: after
. the autopsy had been held and re
marked e the time to Heymana that
If h tfnrld learn who waa responBlble
he would prosecute the parties.
Mr. FlnleyvBald that Heymana then
left with the certificate and wrote the
cause of the girl's death and algned
. Dr. Talbott'a name on the certificate.
. Dr. Ixwke admits holding the autop
sy and found a general sepsis. He alao
waa convinced that thla condition waa
oue to a criminal operation performed
sometime before. Dr. Locke made no
furtner , report on the matter because
Coroner Ftnly knew conditional exact
ly aa he knew them.
Concerning the treatment of the girl
for the few houra preceding her death
there are contradictory stories. Dr.
Taibott aaya that Mra. Heymana told
' her ahe had endeavored to keep the girl
alive by hypodermic injections. Dr.
Elsen aaya that Mr. Heymana told him
ahe had administered chloroform to re
lieve the glrl'o Buffering. Inasmuch aa
the girl died from aeptlc endocarditis.
It 1 possible that the direct cauae of
death waa duo to an overdone of chlor
oform whlol-wauldtop the heart ac
tion! f '
i i ,Uof JUrrests Kay Coma, - -
Thla matter will be further lnvestl-
r.tut tnii .if tha woman la found to
have administered the chloroform he
mar b arrested.
Dr. Pohl aald there would be no ces
: nation in the search for Heymana. If
located he will be returned to Port
land and held to answer to the charges
made against him. Reputable physi
cians wan, an example made of such
men and their places, and It Is expected
that the various medical aocletlea will
join in the movement that haa coma up
o strongly In so short a imi .
It Is believed In the Investigation
that Is -to-follow by the city authol
tles that many other violations of the
law will ne reveaiea. Keports vi crim
inal operatlona have been coming into
the health office in numbers but tne
?. ergons telling about them have noth
ng but hearsay testimony. Should tha
factB be learned vigorous prosecution
will be ordered.
Much censure has been heard be
cause of the laxity of the authorities
In dealing with such institutions aa tha
X-Radlum resort. Some time ago
Councilman Cottel introduced an ordl
rmnce compelling all physicians to dis
, play their licenses to practice in a con-
eptcuous place. The council killed the
f ordinance. It la believed that a more
stringent one will now be drawn up and
that the council will be forced to pass
it because of public sentiment
. Hermans in Trouble Before.
, 5 Heymana, together with Dr. A. A.
. Ausplund, at that time his partner,
Han juui:ia lit dcjiicuiui t ifvn, j 1 1 a
charge of - sending unmallable matter
through the malls which offense n,
; ocumeu uuur bwuuu aqvi ui uia i c
'. vised statues of the United States.
. If ey mans was Indicted by a federal
1 grand Jury September 7 and was ar
rested the day following. Dr. Ausplund
.was indicted and arrested at the same
time. Attorneys for the defendants
- filed a demurrer to the Indictment and
the two were relieved of the charges
, owing to a technicality. The casa
against the men was worked -up by
: the postal Inspectors.
The lie passed between - Charles F.
Lord and F. J. Ueney thla afternoon In
the federal court when Lord attempted
to have a subpoena aerVed on Heney
detaining him in Portland as a witness
In Lord's behalf when that casa should
oo me to trial. Judge Hunt cut the con
troversy abort by saying be would lis
ten to no auob motions at tha time.
. When court waa called Lord roee and
announce that ha had secured a sub
ioena for "that person at the end of
the table," Indicating Heney, and stated
that tha document had been mace re
tumable January II. He wanted the
court to extend the time and direct
Heney to appear when the trial waa
called.
"An vnn muklnr thla motion aa an
attorney of this bar" asked Heney. "If
he Is," he continued, addressing the
court, "I want to move his disbarment
aa a person who, while on the witness
stand In this court conressea to irauu.
thai he had helned round up a lot or
bums in the north end and aw them
paid 50 cents apiece by George Bor
"That Ib a deliberate and unqualified
lie," ahouted Lord, leaning over towarda
Heney to emphasise his remarks. Heney
blossomed Into his famous smile. gas-
Ins back Into Lord s eyes.
"I will not listen to this matter at
thla time." interrupted Judge Hunt.
Then he directed Lord to have a new
subpoena issued. Lord apologised to
the 'court for his language and withdrew.
Testimony impeaching tha atory told
by W. C. Bristol, several days ago,
when tha United States district attorney
waa a witness for the defense at tha
John H. Hall trial, caused a sensation
during the courae of the morning ses
sion. Irwin Rtttenhouse, whom Bristol said
ha "Jacked up" for having sent a tele
gram to Heney relating to the confes
sion of H. H. Hendricks, took the stand
on the request of Mr. Heney. and con
tradicted wholly and in detail the evi
dence given by Bristol.
Harry Hamilton, clerk at tha Imperial
hotel, waa put on the stand to show
when Hendricks came to Portland In
August, 1906, how long ho stayed and
when he left to prov tnal Bristol's re
membrance of dates had been at fault
Mlsa Vivian Flexner. Mr. Bristol'a ste-
norraDher in the United States attor
neys office, waa put on the stand, and
told of Bristol's meeting Hendricks In
the former's office on the evening of
August 10. another contradiction pi
Bristol'a testimony. ,
office on tha night of August 10, and
that Hendricka came up to see Bristol.
Bristol was in tha courtroom, at the
Coe Barnard case, a night session, "at
the time, . and Hendricks waited for
him. At last Bristol came up and be
and Hendricka talked In the outer of
fice for a few minutes. then went Into
Bristol's private room. ,
Bittenhonae Took Betas.
Irwin Rlttenhousa waa the next wit
ness. He said In opening his testimony
that he took the notes of Mr. Hall a
convensations with Heney and Burna
In 1904, to which Hall had objected
while on the witness stand and that
Hall knew he waa taking them. Heney
had Introduced him to Hall, the witness
said, and had told Hall he wanted nu
tenhouae to make a note of the things
Hall aald for Jitney s future inrornia
tlnn
Continuing, the witness ssld ha had
worked under Heney in 1901 and that
Bristol had been assisting Heney with
tha esses. He ssld ha had been In the
office on August 4, but that Hendrioas
naa not cauea mat aay, nor naa ne pui
in an appearance until tna mam w
August -10.
When, ha hul rout un from the court
mam nn that nlht Rtttonhouse ssld.
Hendricks waa aittln In the outer of-
rice waiting to see Bristol, in a inon
time Bristol came Into the office, the
witness said, and told him tlenorica
wanted hla sentence postponed snd that
Oil'
SIXTH STREET
Gas Company Will Furnish
Illumination for Car-
Clival Feature. ; ?
CHANCE WOULD
LID BAKER CITY
';.;'. 'V-'' aWBaasMS--i as ! , .
Sumpter Man in His Petition
, Promises to Scatter
- Undesirables.
; . (RpecUI Dispatch to Tke Journal.)
Baker City. Or.. Feb. 4. -Charles S.
. Chance, the Sumpter attorney who has
announced himself for the office of
district attorney, today filed his peti-
l. " Irl nomination, in thla he pledges
himself aa follows:
"I shall use' my best endeavors to
enroree the criminal statutes now exist-
JPtfl th ,najr hereafter be enacted,
aothat Baker county shall not be looked
UffX as the natural rendesvous for a
Class Or wmnn h n..nt.ik. ; . i. ,
r financial
Epileptic RU of Children
pie, In their active ."I i?"
an atUck is liable to commit -,, f?
moment end the sunshine of T. t
be crushed out of existence? -At th?wtli
sijrn of nervous twitching or tremhi 12
hich la a warning of thl 4lseasBHf:
ir Knaine should be used, .u u ilV
entiflc preparation and Is absolute
free from alcohol, cocaine, morphine p
opiates. Ti)ls fair offe? to test thl
r reparation Is made :to allr Deposit
l.&f with Clarke. Woodward Drug c!
ana a-er a. ootiie or Mxr Km n. t
after-using same you are not satisfied
with i. the - results Clarke, Woodwsrd
Jrug . will return jour money with
out mieHon. Being sold on this plan
l.llxtr Koslne deserves your confidence.
lrle Jl.i". Mail orders filled. Koalne
i .. . y r, Irstt'n. l, C or.lVoodard,
kA Co.or nearly all druggists In
I : 't - t . -
ralr to Both, gays Tadfe.
Over the Introduction of the test!
mony a spirited debate arose, into
which Judge Hunt broke, saying that it
was only fair to all concerned, Bristol
and Hendricks, that the matter ahould
be Btralahtened out ana that Mr. una
tol should be recalled to the stand to
rive his explanation of hla testimony
telling in what way it could be made
compatible with the other stories being
told from the witness stand.
The Incident coming as it did at the
close of a lona- mornlns session of mo
notonv roused the soectators and the
jury and left the courtroom In a spirit
of eager expectancy when the noon re
cess was taken. .
Dissects Bristol'a Story,
Mr. Heney made known his Inten
tlons regarding Mr. Bristol's testimony
In broad terms when hla right to ques
tion Rittenhouse was called up or
Judge Webster. He went into a discus
sion of Bristol'a story showing the lat
ter to nave said in suDstance mat ne
had had no connection with the Hen
dricka caae: that he had not tele
graphed to Heney asking If the aentence
ahould he postponed; that ne had re
fused to discuss the confession with
Hendricks and that he had "jacked uo'
Rittenhouse - when Rittenhouse had
signed Brlstol s name to a telegram
T'I propose to show." said Henev,
"that Bristol did have something to do
with the Hendricks case, and that he
knew of the telegram when It was sent
and that he had the sentence . post'
poned.
"The fact Is that Mr. Bristol was
mistaken about every single fact he
testified to. I propose to show that he
did not talk to Hendricks on August
4, as he said he did. and that Hendricka
was not near Bristol's office -until the
night of August 10. I propose to show
that he did talk to Hendricks about
hia confession on the night of August
id. and mat ne did order tne telegram
sent ,to me asking my opinion about
the postponement of sentence. I will
show that the telegram waa rushed
because the sentence was to be passed
the next momlnsr and that I called un
over the telephone from San Francisco
the next morning in answer to the tele
gram.
To tralshtea Out Tangle.
Here Judge Hunt Interrupted Mr,
Heney suggesting that Mr. Bristol ne
called back, to the witness stand In
order to straighten out the tangle, -and
Judge Webster signified his willingness
to uo so.
Harry Hamilton, the . clerk at the
imperial, opened the . Bristol Incident
by testifying to the dates of Hendricka'
arrival -and 'departure at the hotel dur
ing tne montn or Auieuat, iu. judge
Webster objected to the . testimony and
Mr. Heney said he wanted to' snow
that Hendricka did not talk to Bristol
until the night of August 10.
Miss Vivian Flexner was the- next
witness. She said she had been. at her
desk In the pnited States attorney's
J t tf.
' -ft
ha hrf a lAt nf Information about Hall
and Hermann. Bristol had asked the
arltnaaa what ha thnuaht about extend
Ing the time and Rittenhouse had agreed
that It would be a good pian.
Telegram Is Ordered.
Bristol had then directed the witness
to write a telaeram to Heney asking
for Instructions. Rittenhouse Bald, and
he had made It out In code, which he
afterwards sent Bristol had been dla-
f leased bees use he had not been ahown
he telegram before It was sent, say
ing he waa accuatomed to sign his own
telegrams. He had aald it waa all right
however. The following morning- He
ney had called up over the phone from
San Francisco snd had directed that
the Hendricka sentence be postponea.
Henev. Hendricka and Bristol had
talked the matter over In Heney s or
flce August 16. the witness said, and
at that-time when all three were pres
ent. Rittenhouse alao being In the room.
Hendricka told Heney or naving own
to see Bristol, who had told him he
would have to see Heney before mak
ing any decision In regard to the post
ponement of the sentence.
Putnam Ideatlflee Kan.
E. A. Putnam was also put on' the
stand this morning to Identify the map
which has been put In evidence by the
government to show the location of the
Htelwer fence. futnajD had said he
sent the msp to Hall when Hall had re-
3uested him to do bo, and Maya had
enied that he had ever Been It testify
ing that If it was the map Putnam had
sent It had been changed in such a man-,
ner that he was unable to Identify It
The witness this morning pointed out
the marks which he had made on It, and
at the time he had mailed it to Hall
and It was shown by a letter written at
that time to Ha that the marks were
on the map when It was first sent Cap
tala Bladen, clerk of the court further
contradicted the testimony of Mays by
telling of having Introduced Charles K I '
Hayes and E. U. Mays at the time I
Hayes was aeeaing to secure an in
formation against Claude Thayer and
the others associated with him in the
Tillamook land steal.
Yesterday afternoon the government
nut John W. Dowel 1. who had served
on the federal grand jury or uctooer.
Following the lead of Paris, which
uses gas almost entirely In . Ita atreet
Illuminations, the ; Rose - Festival asso
ciation and tha Portland Qaa company
are planning the erection of handsome
arch across Sixth street 'from the post-
orrice to tne Portland notei ror tue
Rose Festival next summer.
A number of the younger Portland
architects are already engaged In draw
Inge for the competition which haa
been Inaugurated for the arch, and Man
ager Hermann Papat of the Oaa compa
ny haa agreed to lurnlsh the piping and
tne gas rree or charge, it la propoaea
to have the arch outlined with gas Jets.
In a letter received by the Festival
association from Councilman W. T.
Vauahn the latter ex Dresses hla hearty
approval of tha. proposed welcome arch
before the Union station and agrees to
do everything In hla power to secure
the passage of the ordinance calling for
tne erection or tne arch.
A communication waa received from
Eugene tod a containing dealgns for
the float which Eugene will build for
the parade. It la intended to have the
cherry orchards near Eugene exploited
Dy tnia rioar .
The Roae City Park Improvement i
aoclation held a meeting last night
tna Aiameaa scnooinouse at wnicn
special commirtee was appointed to con
rer witn tne f estival officers with a
view of having the club represented
oy a rioat s
Kaen or tne zo affiliated Improve
ment clubs of the East Side Push club
haa been requested to appoint similar
rommitteea and will probably be rep-
reseniea in me pageama Dy riqata.
Julius Meier of Meier at Frank has
just returned from a trip through the
east where he has been talking Festival
to everyone he saw. He declared that
many tnousand. tourists will be . at
tracted to the city during tha Festival
week.
REE I TRIAL AFTER
RAZOR 01
THROAT
3 YEARS nfli PEN EROS HIS TROUBLE
Error in District Attorney's 31. B. Eyerly Writes Pathetic
Office Will Cost County
Substantial Sum. u
tfoteTheu Slices Jug-
v ularVein,
f r
.4
ni nni nin
1 1 1 . '
mm nib .:
iMPPTinn
IlLULI iium
t
Charles W. ,. Walton,' after i pending! . Being, sick' and 'without funds AI. B.
more than three years In tha state pent- Everly put .a final period , to hla trou
tentlury, la to be brought back to Port-Ibles'lastr night by cutting hla. throat
land to, face a new trial which tha su- Hla' body waa found thla morning on
prema court recently decided ha ahould I the floor of the cheap room he - had
have because the records An not ahnw I occunlel for. several weeks ih the Nar-
that ha waa avar fnmaiiw .rr.i.ni n. I row Gauge lodging house. First and
. - I Taamm
hla crime. ' Tbua an error by tha die-
r.lADAME CARRENO
DELIGHTS AUDIENC
E
1902. on the stand to tell that Hall had
appeared before' the grand Jury advis
ing them that the statute of limitations
had run against me J nayer case ana
that it would be impossible to bring an
Indictment on that account
Hears tha Same Story.
W. P. Klrchem. another member of
the Jury, was also called and told trv
same story of Hall and the statute of
limitations. He said some member of
the iurv had asked Hall why the case
had been brought up if the statute had
run agalnat it and tnat Han naa said
that it was necessary to dispose of the
case.
Morris Leach was called and told of
having seen F. P. Mays In Tillamook
in October, 1802, a short time before
the grand jury had been convened. He
said he had gone to F. P. Mays aa soon
as he had come to Portland to appear
before the grand jury. He had reported
aa ready to go before the Jury, but that
ne naa never oeen cauea.
James Steel, the foreman of the grand
jury of March, 1804, was also called
to tne stand ana tola or the investiga
tions into tne ruier-Mciuniey indict
ments and of the testimony of J. W.
Heidecke, who had been the sruide of
C. E. Loomis. This testimony was for
tne purpose or aiscreaiting the testi
mony of Hall, -who had aald he believed
Loom Is to have been fooled by Heidecke.
Harry E. Northup, who was formerly
an employe of the land office at The
Dalles, was called and told of having
inauv un map wnicn naa Deen sent to
Hall by Putnam. He also Identified
tne maras wnicn ne naa put upon it
NEW HARBOR RULES
WILL BE PRINTED
aiisg izetta Jewel, Who Will Be
Leading Lady-' at tbt Baker for
a Time, . -w.
At a monthly meeting of the trustees
of. the Portland Chamber of Commerce
at noon today, orders were given to
have repainted a complete settlor har-
oor rules ana towage charges, and all
essential information for captains of
ships entering the Columbia and Wll
lamette .rivers.
The trustees favored civil service
rules In connection with the work of
tne next federal census and the secre
tary was directed to advise the Civil
Service league to that effect.
The proposal to have printed anothnr
edition of a booklet advertising Oregon,
for circulation In the eastern- states,
waa taken up but no definite - conclu
sion was reached. A special meeting
win do neia to consider several propo
sitions in that connection.
A bill introduced by Senator Bever-
idge of Indiana to enact a law creating
a tariff commission,, and . taking the
tariff question out of partisan politics.
was discussed bv the trustees, and the
unanimous opinion was ' that the bill
should become a law. I
ACCUSED OF HAVING
EOBBED K00MMATE
A man named James Rltter was ar
rested this afternoon by Detectives Price
and Coleman on complaint f Ben Baker,
who accuses Rltter and another man of
robbing him Monday night in the Grand
lodging-house. - T
Baker Bays he had been drinking
neavliy ana naa re urea ior tne nignt
with hia clothes on. When he awoke
one of the men whom he accuses, had
him by the throat and the other was
searching his clothes for valuables. He
saya they took $8 In caah and a new
hat He accuses Rltter of being one of
the men who robbed him. The other Is
still at large.:;. ... cr. ,:.,. ... . -,v.
; '.. 'i-1 m i ' . .'v.;.
Ann! Fnhr Estate Appraised. V
: P.' tC Mlddletort, Oglety Young and
Frederick -Wilhelm have anrala.l tha
estate of Anna Fuhr at L2tlti,
As an artist of the first rank e
and as a woman, Madame Teresa
Carreno delighted her audience
at the Marquam last night Ap- 4
pUuse grew more and more In-
slstent and prolonged as she 4
passed through the program, and 4
after the three LIstt numbers,
with which the concert closed, 4
the enthusiasm was ahown in 4
deafening applause. " 4
The fjrst number waa a sonata. 4
by Beethoven, with a strongly e
marked march movement. It waa 4
done In such a masterly way that 4
three recalls were demanded. In 4
the Chopin numbers the artist e
was most convincingly shown. 4
Her Interpretation of the vigor- 4
ous, dashing Pelonalse, and in 4
contrast the bewltchlngly dainty 4
Berceuse, were evidences "J brll- 4
liant technique and of refined, 4
intelligent reading. In her Ru- 4
benstein and LI sit numbers she 4
discovered to her hearera new 4
tone value, rare magnetism and 4
reverential feeling. , 4
Withal there is nothing of sen- 4
satlon nor of forced effect. Her 4
attitude aa an Interpreter makea 4
Itself felt through her inherent 4
sympathy with and intuition of 4
the masters, yet her own person- 4
allty Imbues all of her playing 4
with a womanly sweetness, a 4
tone color and a technical skill 4
that have won for her a place 4
among the world's foremost
lsts.
The -concert was under the di
rection of the Lois Steers-Wynn
Coman management, and was a
d'stlnct success.
tnct attorneys off lea will . cost, the
county another expenalva trial; and tha
witnesses are so scattered that : tha
prosecution wMl be placed at a great
oisaavantage. , .
The records of tha nunt nlarlr'a n.
flee show that Walton was arrCigned,
but do not atate the entry of a plea.
When the error waa noticed the dis
trict ailomeva orrira aouaht ta nana
nw vrrur oa me tiera or tne court.
Jeffarann atraala.
Little la known of Everly Deyona tne
I feet that he came here aeveral weekfl
ago from Denver and tnat ne was a
l sufferer from tuberculosis In an ad
vanced stage. Beside his body waa the
rasor with which be had Inflicted the
wound that ended hia lire, and on a
small table was the following note, evi
dently nenned lust before the commis
sion of tha act of atlf-destructlon:
"Please telearsnh mv lodae and find
out -my standing. I'm no drunk, but
have been sick here In this room for
am broke and ao
Excursion Tarty -From In
land Empire yVVill Be
Dined arid Wined in Truo
Eoman Splendor, r- Ban
quet'andv Auto Rides. '
Such , a reception as Jias not fallen
to the lot of any party of distinguished
people ever 'before entering Portland
will be given the Inland Empire excur
sion party of too people who come next
Saturday, on their "Way to southern.
California., They will be decorated, par-
property" found In the room by JKllM
Flnley when he was called to Investl- V ,n 5rJ2c ,11,!.0i.t?.T?r..-.-
(gste the case waa an ineurance policy wiT,hS 'V,1,. c? ' nhj .!t!i,0riiri
for- ! 1.000 in the Woodmen of the drwn,Bi .r,M Pral.?
m t il 1 vfjiniuiiT nrpiawn !! nn vni rm iiu
i ne ciera was sure that a plea had not TV wesas awa now am oroat. no oia)jt taken about tha eltv In benalna
been given, throuah an omission of the sick and weak that I can hardly dress. aDout tne city m Densino
district attorney, and Judge Fraset M 1o1F Silver State. Mo. it; Den-1 ouggiee. snown tne best there is in tna
wh? w presiding Judge at that time,!''' Colo." atmosphere ' from the "water front ; to
mu dim ramunDptnee was tnat no piea
had been given, although he could nor
be certain regarding It.
Deputy District Attorney Haney yes
terday filed a mMInn MnA afftrial
V" .!! .!"" ? nolir. . "ShaH.- K.'ri;' f nmaVZ floves, when, the vlsUora' train , rolls
m u, uinuiau tvuniy jail to iwail niB SBC- VtVki. -- ---- ' i - v : y
ond trial. In November. 1104. be was K?bjr"k' A brother of the dead man.
sentenced on two charaea beina riven ?embera of the -organisation in tbia
the life of Pnlinaman M.Unn an 110 n0.wn. lP local lodges of the
years on anoth.r rh.a nt att.mntli Praer-. "ad ne done so he would have
robbery. It waa In the long term com DSronarVnt hia -ti'e- th-t,mh.
that the error was made and the re- n Omaha of tn hV RtrilS
versa 1 granted. sinra tha
court Issued it. mind. t. nn J.nn.rv LT" nerore maaing
bf thl. year Walton haa remained i at : the ""t'""u"q ot remaina.
penitentiary under the 10 year sentence
nauon inea 10 noip up tne passen-
fers on a Willamette Heights car and
Ol Iceman Nelson, who waa rMlna nn
the front platform, offered flaht. Nal-
son waa shot by the thug, but couraceoua-
ty aept up tne tignt and in the end
captured and disarmed the robber.
soup runs hgure
III GAS Bill Hi
LOIVIT'S SKIRT
CLEAR SO FAR
The preliminary trial of Ous A. Low
it. charged with larceny in conneetlon
with the failure of
drygooda etore, of which
ager, waa continued in the municlnal
Sugar bowls, aoup plates and chalrB ln,B ""ernoon oerora Judge Cem-
figured aa weapons in a little argument Before an adjournment waa taken
that occurred In a restaurant at to yesterday, afternoon the prosecution.
North Third etreet shortly ' before the repre"en.teJ y Dlatrlct Attorney Man-
noon hour today. The net reault waa riSV" i: "r r" a .. 13.,.-' """V " "13
I a wavuaassa, uut at ci ivjoiiufB Ull per T I aim era et lea 1 11a bbusutsi ilea, t mrcii ttv7 1 T WtM
a nuniDr or saorasions, coniusions and I era 1 occaaiona a wagon had backad up 1 that special reception will be riven,
wcernuuni un vnuua ponioni vi me 10 ine uoiaen KAaie etore late at nisrht
ana waa loaaeo wun ooxes. Also tnat
iniA r naa mtAm .Tha aa I aa aa aa mm
faWlll Kaa tkkAtftaitMinkajl ak.. 1, a.
graphed again, from the time their train
reacnea tne union Station , until tnsT
camera men get tired, t '
a committee or two men and two
women from the Portland Rnu iriaiata
association, bearing a load of bouton
nerea ond corsage bouquets, - will be
sent up the main line of the O. R.
N. on the mornlnsr train to meet and
decorate every excursionist with Port-
tana riowers. Tne commercial club
will Bend commttteea of 10 men and 10
women out as far aa Latourelle or Bon
nevrfie to receive and escort the guests
to the city.
The Commercial club's SDoronrlatlan
for roses alone la $100. and its arrange
ments are an on a acaie or use UDrai
Ity. The excursionists will find (0 or
more automobtlea drawn up at the Un
ion station to receive and carry them
about the city. They will be given a
luncneon at the Portland hotel about
1 o'clock.' and a dinner at tha same
place In the evening. Manager H. C.
an
Com
or-
chest ra.
All along the line of the O. R. N.
as well as the Southern Pacific In Ore
gon the cltlxens of nrlnclDal towns will
give emphatic evidences of their esteem
of the .lelghbors from the Inland Em
pire. Even as far south as Medford
eny in conneetlon piece in tne evening. Manager H.
the Golden Eaa-le Bowers is making arrangements for
hl' h k- TT Unusually pleasing menu. The Coi
Ulch he was man- merclal dub will provide a special
anatomy of Antone Cantlglo, and the
arrest of O. Ooachis and George Kre-
metas on a cnarge or assault and bat
tery.
According to the storv told bv Can-
tiglo he purchased the restaurant yes
terday for the sum of 11.200. Of this
amount he paid 1600 In cash. He went
to the place this morning and paid the
naiance or tne purchase price. Then
followed an argument aa to the payment
to Goachla and Kremetaa of the deposit
iney naa up wun tne gaa company, a
trifle of 15. The fight followed In
quick order. The merits of the case
will be thrashed out In the police court
tomorrow,
A red hot wire from Medford cams
today to General Passenger Agent Mo
on several occasions Lowit had sent Murray, asking aa a special favor that
goods to the branch store in which he
was interested without checking them
up or otherwise making a proper ac
counting for them. I. R. ' Knowlton.
local ticket agent for the O. R. & N.
company, testified that when Lowit left
the city for Denver, he purchased five
he carried In his Docket.
Major J. P.. Kennedy, assignee of the
Golden Eaglo Department store, was
called aa a witness this afternoon. He
testified he had found the accounts and
books nf the store in good, shape and
had discovered no errors in any tran
sactions recorded. He said Lowlt had
told him the store was indebted to the
the people of Medford be permitted to
furnish 60 automobiles and carry tha
entire excursion party from Medford to
Ashland, through the orcharda of Jackt
son county, permitting the excursion
train to run vacant between those points.
It was Impossible to arrant the re
quest without Interrupting the program
r
CAREFUL COUNCIL
PASSES WRONG BUDGET
Haste makes waste, according to
Charles L. Daggett, superintendent of
the city crematory. Haste wasted Just
$6,000 for Mr. Daggett, or at least It
will amount to that unless the wava
and means committee of the city coun
cil agrees to reconsider the budget and
pass a new appropriation for the crema
tory. , ,
In preparing this year's budget, which
amounted to $21,000, Mr. Daggett also
sent along a copy of last year's calling
for $14,000. It went to the auditor's
office and then to the mayor's office,
and when it reached the council the
letter explaining what the needs of the
crematory were was attached to ' the
old estimate Instead -of the new one.
The old was passed by the council.
Mr. Daggett will take the change up
With the Ways and manna nnmmftta
and ask for a reconsideration.
IXCOHPORATORS FILE
ARTICLES IN COURT
Articles Of Inenrnnrotlnn hava
filed bv the Multnomah 0in
Grange District fair, formed for the our.
pose or holding county airs from fime
to time. The capital stock la placed
at $25,p00, divided in $5 shares, and it
is provided that no one person, combina
tion or corporation shall be entitled to
hold more than (0 shares. The In
corporators are J. J. Johnson, II. E.
Davis and E. L. Thorpe. .
WEARY WILLIES
CREEP DT LATE
WEATHER REPORT
ADVERTISES STATE WmWiof.oorinTe ff&t&
aa ciMimea.
nranlr ksr T. Ti Ta l la ,. . l ....
District Forecaster Edward A. Beals called to the stand. ' Hla testlmonv
or tne w earner nureau nas issued his in suDsiantiauon or tnat Offered bv the
annual summary or iu ror tne Oregon M'ne.
eectionr and It sets forth so Indlsputa- District Attorney Manning stated thla
ble argumenta for the climate of this afternoon that nothing had been ad-
state that It will be extensively used duced from the testimony upon which
by tne hoard or trade in familiarising lo nola ixiwit ana ne did not think it
prospective settlers With conditions probable that anything would be done.
here.
The report covers the vear bv months.
giving detailed and comprehensive data
as to precipitation, temperature and
winds. A perusal of the report shows
that most favorable weather waa an.
Joyed all the year excepting during the
month of January, when it was colder
than usual. The damaging Ice storm
made tne month one to be long remem
bered. Nearly all the other months of frothy, on Iake Washington, fell ov
the year rolled around with normal ertoard at B:30 o clock last night and
lamlwralilM uH an mnn Hi.hll I Waa OrOWned in Sight Of a dOSea D8S-
The weather during the month of July fingers while the boat waa nearing
waa especially favorable, no damaainr Mercer- point. The body has not been
hot spells occurring. I recovered. Hughes had collected the
Copies of the report may be had uton i ' f. 1"
application upper aecK wnen engineer narry uross-
" ci 1 1 item, u ikiiu i j, i ii tun en jj ai
splash In the water. He had stopped
for a moment to sweep some dirt from
the deck and lost his balance. Hua-hes
leavea a wife aged 17 years.
LINEMAN FALLS
FROM TALL POLE
Charles McLane. a lineman In tha
employ or tne racinc Telephone com
oanv. fell from a Dole At Mlaalaainnl
avenue snu neven street, AlDina. at 11
o'clock this morning and sustained
severe injuries. He was removed at
once, to tne uooa uamarltan hospital.
(United Press Leased Wire.)
Seattle. Wash.. Feb. 4. W. BelL an
No one waa with McLane at thTim engineer, waa badly, burned this morn-
. . . . . . " " Ku e a awninalnti nf t- a U ac It Ii
ana ne nimseir is not able to tell how
tickets, ror which he paid $2tS. This guest wunoui interrupting tne program
monrr ha tonir frnm a larara mil nt hiii for other points bealdea Medford. but
luv aiiiiL mac yiuiiiiiicu liio imyuaai
waa heartily inaoraeo Dy Mr. McMurray.
HENRY AND SUSIE NEED
- ftwpp nnipniArjQ
iliilii uuniiuinnu
i
Henry Anderson Smith and Eusls Au
brey Smith, minors, are blessed with
too many guardians, and steps to
straighten out the tangle were taken In
the county court today by the filing of
petitions by their mother and by Pree
ton W. Smith, their half-brother, te
have appointments of both as guardian
revoked. Mrs. Smith was first appoint
ed to look after her children's Interests
In the transfer of certain Dronertv. '
Aa time passed this was forgotten,
and when another occasion arose for
guardianship, Preston V. Smith applied
and was appointed. It is now proposed
to revoke beth appointments and then
appoint Preston W. Smith to the place,
his former appointment being void be
cause the mother of the children had
previously been named.
Claude E. Starr has petitioned for let-
tara nn tha atatata nf hla hrnthar. Ever
ett G. Starr, who died January 24. The
estate Is estimated to be worth $60,600,
or which $40,000 is in personal property.
The heirs are the widow, Marian Starr,
and the four brothers of the deceased.
ixiulse M. ana uiauae m. etarr or Port
land, and George E. and Sidney I M.
Starr of San Francisco. F. C. Barnes,
James P. Cooke and Hugh B. Gearln
have been named as appraisers.
GLAD OF GOOD OLD
OkKtON ayeathk
PURSER OF STEAMER
LOSES LIFE IN LAKE
(United Pms Leased Wire.)
Seattle. Wash.. Feb. 4. Harry Hurhaa.
24 years old, purser on the steamboat
! ENGINEER BURNED
BY BOAT EXPLOSION
me accident occurrea. He suffered a
rractureo arm. a cut over tha left eve
ana n is tearea tnat ne may De in
ternally injured. McLane is an urrMiar
ried man, about 80 years of age.
IT WAS BOOZE THAT
Ing by the explosion of -the Seattle
Brewing company'a launch Rainier, in
which he waa sleeping, at the foot of
Whatcom streets
Bell was forced to abandon hla cloth-
lna by the terrific fire which immedi
ately enveloped the boat, and clad only
way tnrougn
I In his , blanket . made his
the flames to the float to - -which the
hAaf mram tlAil - H then fall yhfluira.ri.
MADE HDI GTJMAN S'Oli-c not
ROseburg. Or.. Feb. 4. C. K. Ifan.-t Ti A TT Trv 4 Tk T) 4 VQ T"rkT
drlcks, who created great excitement I Aiii.XJJXVV.X A il l kj X JXv
Baturaay on soutn ueer creek, haa been
located at his home. He has promised
to come to town today and will nrohnhiv
be called to answer charges of drunk
and disorderly and carrying concealed
weapons. His intentions, it appears,
were not so bad as reported. He is
said to have discharged firearms pro
miscuously in the vicinity of a school
house and to have stolen a watch be
longing to the teacher. Miss Watann
from the schoolhouse.
Three trains did the procras
tination stunt, today. No. 5 was
so late some thought she was
running the other 'way.
Northern Pacific No. 1, due at
7 o'clock, arrived at 12:R5.
Southern Pacific No. 1$, due at
7:65, arrived at 9:20.
Southern Pacific No. IS, due at
11 :$0,arrived on time.
O. R. A N. No. S, due at 8
o'clock, arrived on time..
O. R.'ft N. No- 5. due at :4S,
Is scheduled to, arrive at t:45
this afternoon, maybe.
; Astoria A Columbia No. JL due
at 12:15. arrived on time; . ,
COMPLAINT FALLS
, BEFORE DEMURRER
Presiding Judge Cleland. In the eir.
cun court , tnis morning, sustained a
aemurrer to tne complaint in the casa
' of Wilbur Emerson, who is suing Jo-
Bn miwnMnjr ior o,uuu ror raise
imprisonment. Emerson is a youth of
16 years and was arrested at St. Johns
on a charge of disorderly conduct, the
case subsequently Deing dismissed.
HACHENEY FUNERAL
SET FOR TOMORROW
The funeral of Frank Hacheney, ex
treasurer of Multnomah conntv and
alai ev-citv traanrar ne XnlarA a-kA
died at Walla Walla. Sunday, will take
place from Holman's chapel, thle city.
tomorrow aiternoon at i x clock. Mr.
Hacheney, who was for many years a
prominent citlaen of Portland, died at
the age f 76 years of paralysis of the
Drain, interment at Kivervlew.
DEATIItOF EDWARDS
For the death' of 'A. F. Edwards, who
waa killed In an accident on the O. R.
& N. railroad on February 6, 1906, the
administrator or tne estate win receive
$600 damages. A settlement to this ef
fect was approved in the county court
this morning on the recommendation of
the administrator, J. M. ' Wright, who
states that he believes that -the sum
named is reasonable under' the circum
stances. The railroad also paid 1140 in
settlement or tne xunerai expenses.
(".pedal Dlspstch to The Journal.)
McMlnnvllle, Or., Feb. 4. The cold
snap was broken here yesterday and a
half-Inch of snow fell during the day.
Last night rains began to fall, so that
the weather began to feel natural
aaaln.
The cold weather was here long
enough to freeze Ice for skating. Sat
urday and Sunday many pulled their
skates out of the attic and found
enough Ice to rub the rust off. Frosen
water pipes seem to be In the minority
this year.
NOBODY SPARED
STJANDREW'S CLUB
: ; .. WILL GiTIj SOCIAL
St. Andrew's Social club will hold Its
regular semi-monthly social meeting tomorrow-
evening at s o'olock. - i
Valuable prizes will, be awarded the
most successful contestants. - Refresh
ments will be served -by the i ladies of
the parish, t To reach the . nlariit taka
Alberta car and get off at . Fifteenth
street- , ...... r:.-..j.. ..j
::.::::::: v I
William Beck, WellJCnown Commer
cial Traveler, Whose Funeral Was
Held yesterday,,". c . .
Kidnry Troubles Attack Fortland
Men and Women, Old and Young.
Kidney ills seize young and old, "
Come quickly with little warning. ,.
' Children suffer in their early years
Can't control the kidney secretions.
Girls are languid, nervous, suffer
pain. " , v '. "'
Women worry, can't do dally work. ,
Men have lame and aching backs.
The cure for man, woman or child.
Is to cure the cause the kidneys.
Doan's Kidney Pills cure sick kia
Cure all forms of kidney suffering. ,
Portland testlmoSy proves it. , ; i.
W. Jenkins of 4103 Harrls9n street,
Portland, Oregon, says: "I have no oo
caslon to change anything that I said
three1 years ago In recommending Doan't
Kldnev Pills, for since' that time othef
members of our family have1 .founV
equally beneficial results, in .treating:
kidney complaint" Before Using Doan't
Kidney Pills I suffered with acute at
tacks of backache and a derangement of
the action of the kidneys, and dull
pain -made it difficul.for me to 'attend
to my work, as tne result or using mis
fine remedy I have beep ree from kid
ney complaint, and backache for over
three years, and therefore feel great
dence .In .recommending, them to
others." , v ' . " ...
For sals by all dealers. Price 50 cents.
Foster-Milburn, Cort BuffaldV New' York,
sole agents f OR, the Vnited States. ' ; .
Remember the ? name TJoan's ami
take no other.- . 4.- . -