The Oregon daily journal. (Portland, Or.) 1902-1972, April 22, 1908, Image 1

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The Oregon daily journal., April 22, 1908, Page 1, Image 1

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Newspaper Page Text- our;:d lira a Larger Proved. Sivem-ia, P.:i;Mor CfrcKfaf.cn in Portland nJWiliijn Sixty Llilcs cl Porlland, All Directions, ami Throunlioni the SLIj of Orcfjon -Then Any Oilier Daily PcrirKa- Exccplions. Circulation Records and Records: ol Cash' Receipts Open to the! Inspection c! All Adverii -. mi. ...n ., , . , . n . i. .1 " i' I' " 1 1 1 w ' ' ' ' " -i. . i .-I ' I "' - - i ' -ii -i i i - .. - . - - ' i -- , , - . ... - , i T. - - I - n-T i r - - i sur iig MORE HELP WANTED? BOARDERS WANTED? ' APARTMENTS TO LET? ADVERTISE IN TIJE JOURNAL v, -.The Weather Showers tonight and Thursday: southerly winds. JOURNAL CIRCULATION YESTERDATf WAS fi vol: VII. NO. 33. ; PORTLAND,4 OREGON, V WEDNESDAY! EVENING, V, APRIL 22, 1008- SIXTEEN PAGES. PRICE TWO CENTS. ' OH Tl Ami AHD SEW. stasds. rivi cm i WW - M I h ; vmKr-A UK ft ' II UJ Llli : IUU I ILL Lmi fLU IrtLLO 111 UUUU VVIMI JUDGE PIPES SCORES SPLENDID VICTORY FOR SmW BY DECISION T BURHETT IH It- HAPPY : SOLUTION OF, THE: . ;v. : "TROUBLES OF THE RICH' I the state; scored a tn the . first legal iri'S J 'I. '! V a,-,"" .' '".2 ..'J:' 'Ji , ,;: trial this mornlnr. m. . - ' (SbmUI Dlmateh to Ik Joarnal.) . Ealem, Or., April 12. Jnde Mar tin h. Pipes, for Splendid Tlctorjr ."battle of the Ross trial this morning, when Judge Burnett held that the o: fleers of a bank are liable for the wring doings of the corporation. 'The defense had' contended-'la' a" eomprehensire .Argument extended OTer four hours that a bank as an in- ' ' Chlcago.'Aprll 33. The troubles of the tich will soon end It ; the "Antl-'Eipense for Litigation, society." -which met 'here' last : alghtr has Its way. .The society has passed resolutions . calling; J upon the taxpayers to favor laws which will make It unnecessary ' to try anyone worth more than hair ' a ' million . dollars for any crime. Here are the reasons,' .' V , 1 ..;. "Resolved, " That no man : with .' money ' can; be Indicted these days. If a rich man kills a man with a mallet, an effort would be , , 'made, to show that there was a In the complaint and that . . the murdered man was in reality killed with a hatchet, and the . ; 'complaint therefore Invalidated. Therefore tn minor, cases' it r m . It. 1 l.ll ' A. . ' ' - would d. impossiDi 9 secure, coDTiciiona. uy preieni.iBK un risa man with a clean bill of character or an Immunity bath-r4he . ' case need not go beyond a mere preliminary - complaint. - Thus Ealem Judge Holds Officers t of BankrAre 'Liable nor ..-, ttt ' t. ' nJTl-Ji t rthe state can be spared enormous expense for ' prosecution which h . ,WJTOIlg-I)Oing..OI-Corpora- t : never amounts to anything. anyway.; , ; r j ' M - tion aild' Mnst "Proceed tO I " Th ocIety adds that It might be possible, to do "away with the 1 m "i t oi.in-.vi 'vv ! courts altogether and thereby save further expense for malnten X rial AS OUlMJ.va3 Sbrobe Mrs. Sidney L. 31. Starr Sued , toT Dlrorce in California r "Court Uecause , She In curred Too 3Iany -Bills at Dressmaker's. ;ance.. w, j. . : fi -j " ; ;-;T- - 4The movement is said to be very popular' 'with the wealthy, - who have been greatly annoyed all over the country of late. by pes-, tlferous charges of graft preferred by the plain people, and by being kept away, from their business. ' . mm fflOIOil E - ' "This is not a case between the - Circulation of Spurious Paper The Indictment . Title Guarantee it Trust company and the defendants, but it is a case between tho ajate of Oregon and the defendants. A corporation cannot be indicted, and therefore those who are the moving spirit of the corpora tion are held liable, for ..they have aided and abetted in a criminal act' Kpunous raper- Against Man Who Pleaded "Dismissed; Portland banker ha ve been deceived I on seveni! occaaiona ; by the ' defunct Merchants & Planters State bank note, for the circulation ef ; which Ave men war i tmtAMttA hv m- tAn ttranA 1urv That was the conclusion arrived at for U,.B- tlM to defraud and by Judge Burnett, after hearing the whoe. cases were- dismissed . in ..the argument ot counsel, which began at I United .States circuit court by . Judg- 9:30 o'clock yesterday morning and! Wolverton yesterday because thereIs lasted uatil 5 o'clock last evening. 11 no law to .cover, the offense. - - "The argument on: thte. polat" I These; Wlla,v whieh; are absolutely said the Judge, "onjwhether the deal- j worjuipsa,.wwere wen into ins oanas or persons vno nau wtcu iiciuuiku u lngs were with the Title Guarantee I vswVia Is, matit- & Trust company, as a corporation, wsrs of the fraud which - had been csss, no doubt, were un- or With the officers of the institution, took a wide range. of the defense-was that a deposit by nrntra.tcif on them. The notes -first iua wuwuuuu i last fall, i - ' 1 ! ' - In most casvs tn memoers or xno i vsntf ri ir .ifv.nTiM nr in. imiu.nM-1. V the State treasurer was not a loan, jfnir, preying- particularly on old women and that 'a 'violation of a trust ren- and others who operated small ' stores ... .. 11.11.. 1..U..U I W, "'. ) . , aerea me Dans iiauie 10 iu ireas-itook the spurious paper to tneir oanKe where . they flepositea or t-xenanfroa thorn. In several Instances they1 Wfr "It Is conceded In this argument that I accepted as jrood ythj receivers ,snd ths statute, OM907 does not affect the "",a,nr.L" A?v"""IU""" f"" funds In this. case, v But the duty of the i treasurer IS fixed by other statutes. He r mast have charg-s of the rqnda and must - keep the funds, and if the funds become lost he must make . them good to the state... That 'baa been held by, our su preme, court, - r' s 'Tn the case of Baker versus wll llama and the England Banking com pany, It was decided that the treasurer1 ' bad the lawful right to deposit money la the bank, and he was not bound -to keep them In his vaults. It was lawful -for ths treasurer to have an -open ac i count with a bank without Interest, as has been tne custom. " Cannot Confer- Authority. -'However, la view of the statutes. the treasurer cannot confer a greater sumoruy on ine cans man ne noias himself from the stats. The funds are till . the property - of the state, The treasurer's duty Is only to keep the runas in coarse. being -discovered. V..-,rTimHs . Xndlctmen. ;h;:- The Indictment aralnst B. K. Wells, oae of the rang who had plsadsd guilty, was dismissed by JTndge Worverton Ut the . TaltsoV States , circuit court . this mornlnr. - This was at tho sngrssttoa of DUtrlot Attorney KoOourt, who atated to the ooart that Wells had agresd to turn state's svldenoe.. In that the oourt found that the others eoald not be triad for using the malls to de fraud, as there was no law ' overlnf this ease. Mr. KoOourt said that It was only right that the WeUs ladlotmsat should also he dismissed. Until yesterday Wells' and M. J. Dor- nr ou osen-ut jail, jamen Hneenan. Li'ranlt Cavines and 3. Saylor, the otner aerenaanxs, iwa oeen out, on ponas or i,ouu in escn case. The bank is his serv ant, and has no greater rights over the property. Tnererore ttie bank is 1 labia to the stats, and not to the treasurer as -: a debtor. ! t . - -i A. I'll ll.UMV.kluu UQl.mill lilt, tl MBT urer and tho Institution wss not a loan the money when left with tbe bank was : for safekeeping. . -If Ut wah : not a loan en the part of tne treasurer, it was not . a loan on tne part oi ins Dame ir tne bank had charge of the moneys and was in possession of the money the authori- iinn iitiin nini liici I iLii nm Him aihiiih . irir ;-. the money In their poBsesslon." --- In support of this the judge cited a (Continued on' Page 'Two.) ASKS FORMONFOR PAPER TRUST CASE kh:: 'i'.-vr'1"' ': t ' ' 'hi- &lfo!,-yr .W). t - (tfnltod PrMe'Leauri Wire.)' -. Washinston. Anrtl - 21. Renreanta ttve Mann of Illinois today introduced In the house a resolution asking for an appropriation of funds-sufficient to pa; the expenses of engaging clerks anc other employes to carry en the lnvestl- Ration of . the paper trust which was authorized yesterday. As aoon as this resolution is passed tne commutes sp- iointea to prosecute tne inquiry will egin work. - . . t , ROOSEVELT USNG . INFLUENCE TO GET ' MORE BATTLESHIPS Washington, 4 -April it. President Roosevelt began; today using the lash and sterling his personal Influence to securejthe authorisation of four battle-r"'ur-''1 Coming from .a Pacific coast .vi. t ... .... ..... . . I state Piles Is expected to swlnir with oy ms. sonaie. ot omy is , ne htm ,m, ot the new senators from the drawing Republicans Into line, but he f ar. west - Present Indications point to is tylng-qulte a few Democrats to his the rejection of the amendment. 1- chArlot wheel. though ins vote will be closer thsn here- auwator j'Ues of Washington has been tofore espected, t i . , selected to of fer an amendment to the battleship ' paragraph, striking out tbs word "two" and Inserting , the word , The decision of Judge Wolverton wss based on the objection of Counsel for the defense; to the Introduction of certain letters which - the "postal inspectors claimed hsd been written to Stevens & LU, ordering tne bills. , Tbe court held ti.-. in putting the scheme into 'street the malls had not been used' as a party In Carrying out the execution ox the crim. .-. " . t jder the circumstances," and as there was nq defect in tho Indictment, United States Attorney John f McCourt ' sug gests that the state-leglslatui-s should psss a law' Which would cover the ques tion of, the defunct stats bans, notes by means of a clause maklnr it a ehsraa I of receiving money by false pretenses. Under the Oregon statutes the law rovideS that In the question of recely- n mnn.v hv tnlmm mvt.nu , K a ri should be evidence of the crime of some kind In writing. As- these Merchants' & Planters' notes are presented, as legal ienaer ann ; genuine ; money,. receivea, in return for ' worthless bills there is no writing as evidence that oasses. between the passer and tb person defrauded. . Mr. McCourt and tho secret service agents are to ' make ' an 'effort to do evervthlns In their power, to crevent the flooding or the .market again with the worthless bills and will take up the Question of future orosecutlona with ths government of flclsfs at Washington.' , wnen me arrests were maae in ort nd . several months ' ago br the local authorities and afterward taken up by Judg:e Rules.xAg;ainst Closed Doors and4he Case Must Come to TrialWith Public ; Admitted ; Tombrrow at San Rafael. . . .'. , . . land auth the postal inspectors otheri arrests In 8an - Francisco, Denver, Philadelphia and other cities followed. The govern ment authorities had hopes that, ths cnarge or using the. malls to defraud would stick and that the other men in all parts of the country who. has also iia been oassins. the bills would ba nros ecuted accordingly. ' If ' convictions hsd been secured In Portland the postoffice representatives" had ' contemplated;, the prosecution . of, Stevens A Co., in Chi. v.,vi' vunv niii,oi . witci. turn , nuirjv are . by . the" thousand. i-z-..- t. v, .1 . . (Spsclal . Phqwtrh to Tbs Journal. 1 ; .San. Rafael,; Cal., .ApTli.jij-A-Gos-i!p of the dlTow;e case of Mabel, V. Etarr agarnst her husband, Sidney L. W-t'Sttrr et"fort.raTdrtJregoaT ES revived! again -toda, ' Th; cse wHI be tried, It the suorrlor court here before' Judge Leohon'neHV Tharsday( arcernooni ' Tnei wire cnarges'. the husband with' cruelty and ibtemperf ance. The case has been set for trial by stipulation' and 1t is understood that Just before the trial the husband will Jlle A cross complaint in which he will charge his wife with great ex travagance In money matters. Ail parties Involved Vefusa to discuss ths case and evry e.Tort was made to hsve the divorce ( proeesdlngs take place as juieuy ss possiDis. "San Rafael society Is wondering Just how large and how many sensations will bs produced by the trial. The silence of. the parties and ths , knowledge ' that the-hUaband has -retained counsel and Is going to .flghtf back , has caused flutter In society on both- sides of the bay..' Under' the., California, law. com plaints In divorce cases are placed on secret flje, and ;Just: what' -they contain must come from the litigants. ' Mr. Starr Is celebrated' about the bay a one of tbe - best dressed ' women In the state. She: is! strikingly handsome and moved in ; the best society, She llveu at the at. Francis and Pals cv ho tels before" the' Are. t Start belongs fto a. promineni ana weajmy ramiiy; of t'ortlano,; He in a member of the best ciuos in sn francisco and is a man or rood stanatng.! i t . : - It Is said that ths first cloud of their troubles appeared about- three years ago, when Mrs. Starr ' went . to Honolulu. After her departure her husband Is said to have been . flooded ' with - bills ' con tracted by his spouse. Two of his wife's intimate rnenas .are siso seeking di vorces irom their husbsndsMrs. Marry Blood of Oakland and Mrs. Dee Blailn game . of Fresno. The- Starrs 1 have never been known as' residents of Marin county and 'the1 dlvprce proceedings , flora Indicate that both parties 'desire as llttls. publicity as, possible. i ', The wife is represented by4 Attorneys Bourdette and Bacon of -San Francisco kiwi Diatrlrt Attnrnev Bovrl vf thf. rftv Joseph Rothschild of San Francisco is 1PI KILLED Six 'Injured in Acddent North Head Jetty and Grie W Saving Crew at j Point ; Adams;and Tug Sam son Go to Rescue. : T guard mg Starr's aids of the fight. JiujM ( Lennon, before whom the 'trial wiUTtSt place, has declared sgainst closed doors In divorce cases and tonight he said that no exception would be mads in the Starr -case. 'yi---vK .v V (Special Dispatch to The Journal.) Astoria.' Or. April 22.T wo men i were kilted and eix in jured, one fatally, when a pile . driver toppled into the sea from thtfietty at North Head station-this mornine. The dead men are Jack iLehman, & brother ..f, ihz postmistress of Hammond, and Martin Carlson. , - i '.. The iniured:are Martin 'Jphnson. seriously, and J.C. Fulhart, internal injuries, very serious. thughtlv injured: rat bhea, I nomas. Turner, John Tenbrook and.R.' C' McAfee.' The, injured are at the post hospital at Fort Stevens. ' ., . , . .. . . .: The accident-occurred about 8 o'clock this morningr when the men were, adjusting ..the' pile driver. , Suddenly, the tall machine toppled over arid fell into, the sea. Several of the men were caueht i lri jT.t .,.- - ' , unacr u m(i. Lnmn was. inrown into tne sea ana arownea. r f v Th Point' AdafifsJifesavin?-jcrew, lookoet noticed the-acd- dent and the crev with commendable promptness went to the D OTn 0 MOT I lulULUj UUI George Sontag, , ex-Bandit, Now- Bouncer forDance hall; Collides With Swift Punch to the Jaw and Goes Down and Out, ; Hijbernian SteTedore, Giies "Tim' McGrath, Fight Promoter, and His Follow ers a Lesson or, Two on Ring Tactics. ) ; i ; rescue . lhf-tug -bamson also responded to signals for . help and reridexw aiteistarjefeiin takjngiaf of ihJk wounded men an$ getting theni'tihervpspiitaU;!.!.,..:. - j .;ijf? ' . ' v.-.-. :t Tli m, oesns ff Ua n rflAwi IrtAHnnA' Mt 's tteir .')! t. , f a A7wny vi.iiv vvuvh i wui. wait, aiiu a aiail tilMCo 41 UUI the edge of shallow wafers ; :V-.ft -; v. ;,3' i i i i i i GREAT FORTRESS FOR PIIILffilES SBSSS)SSMSS1SSBB mfmt SSSSSSBBSBSi f ' Pcrtlsnd exported more wheat during the month of March than ' any other port in the United s k States. The r combined - Punt Russia Thinks United States j x prt. - Tacoma, Everett W , ana oeaiue are secona on tne PORTLAND LEADS WORLD AS GRAIX t w ':t EXPORTING PORT Is Preparing to Maintain Open Door Policy. ' . -' ilfatted frvm U-ti Wire.!, . Manila, April Power, that cannot be broken and a) open 'door tn China are what the American government pro poses as lis policy In the fly east JThs 'world powers isra just wal Up to the fact that this policy Is Waking un tn the fact that this rwicv is the reason for the United tormmntlon t to ..move the Philippine tiaval bsss from Olongpo to Manila ay: ana mans jh prisus so wun -1-nch guns thst all the, navies on earth liever will tht ablo to get. past. : Thev bellevo it In Manila. Tc eiianghai. Most of all they: believe It n apt...-.,,.,', b-;llevo It In Manila, Toklo and Petersburg, . where the- Novo vremya' in;- leadlrg article points out that Uncle Earn, is about to , construct at Cavite tho most powerful aaval bas In the , Pacific , so that , he , may . insist upon a practical as well aa a theoretical Open ooor.in vnma., ; ; . 5 - ' - i e la DniDOBej io cunnruci mn mrii' fidal: island .... between . .COrrertdor and Carapoa and mah lt with huge fortifies tiona. ana 8am a yard and could .resist successfully any operations maae.iMgainBt.. w.r-vv.x,-i V r .., T ana man u wun nuge lorimca id modern guns, and give Uncle Gibraltar-like ' fortress, navy d harbor In tbe far east which Itobson' la Sonthern Idaho. tSBMlit - Dlipati-Jl Id Tits ' lourniM Ttolae. Ida Anrlt JS.i ReOreaentStlva Hobson, who is reported to be en-route to .San Francisco to gather data In sup port of the fouri battleship measure, Is advertisea to deliver a lecture nure to- vertisi night. lie will arrive this afternoon, at . i , - , it . I ' LOOK OUT FOR BILLS XIKE THIS ONE, : , V THEY ARE NOT AS VALUABLE AS A PENNY 4 "IX 't s ' If 1i 1 v iv w 'JS United States District Attorney John McCourt' has In his posseasion' bills' of the kind shown In. the accom- ' panying Illustration which, if they wefe genuine, would represent f 1,000. The bills were found In the po- session of the gans: of fiye men who were yesterday released in the federal court, owJtae to a lpgal tcclmlcality tf list and then comes New York. e " followed by . Philadelphia and e Boston. .'. ; This Information: was received by Collector of Customs P. S, Malcolm this' morning In a re. port from the oepartnient of e , commerce and labor. The wheat exports for the month were I,- 140,545 bushels. Of which, qugn- tlty , Portland shipped nearly half, or 1.413,147 bushels, The combined Puget sound ports ex-i : ported T . bushels: ' ;New, York. 444,11; Philadelphia. 400,- . 6(7 bushels and poston,; 28,S4S ' bushels. The balance was shipped from - various less ' Important ' ports. ' ' . ... v. 7 In point of prominence, as a flour exporting port4 Portland's) ', holds fourth position for '' the month of .Jdsrch, ' New ; Tork, ; Philadelphia and the combined Puget Sound ports leading. Ths Quantity of flour exported from - the states during , March was 1'1.H7,57 barrel . . - - , REQUISITION. FOR ' . ' HARRY CALDWELL . : ' ' , . ' ' i V' ,1 t (Special Diabatck ta Tbs losrsL . . ' Salem. Or.l Anrll 11 Oovemnr Than. tWirlnln hdIM tnam( HMllUltfnn Harry Caldwell,, wanted In Multnomah itDunty. caiaweu wss apprehended at Merced. California, and Is held in cus tody tnere .awsttins. ihs arrival nf r. tectlve Tlchenor, who IS the officer who wll) be detailed to return Caldwell to Port'and. n- . .y I..ik , (Special Dlapsteh ts ths Joe rail) ', 8gn Franciseo, April IJ. George Son- tag, once famous, as the partner of Chris -Kvims-bsndlts who held up a Southern Pacific train years ago and led the poiice.on ana or the most noted criminal hunts In history, has come Into the. limelight, again. .' Bon tag was lib erated from the' state prison a few weeka ago, and Tim . McQrath, prlse f lght promoter, saw la George a good man' for "bouncer" In his new Barbary Coast saloon. Gsorge took the Job, and now he la sorry he did - f .', McOrath. , "Spider" Kelly and "LeW Purcell, all more or less kings of the Queensbury realm," saw - bright .oppor tunities, in tne "restricted district," and they have ben doing s landoffice busl aess running dance halls. 8ontag was detailed to )ace the floor- and make a aolse like a guaflght If sny obstreper ous characreis interfered with "the la dies" He met his Waterloo a few nights ago, and today this Is now the story Is being related sbout town: , a Duriy HiDernian sieveoore anrtea Into the dance hall and waltsed down a few beers, then he took a drink of whiskey, looked , for , a partner and danced. , ' ., ' -.. " ; , Hontsc - an not lifts i the i - Pa t swung in the giddy wait see. - and he went uo to him and ssld: "Come off) der mugs says yer feet is Interfering wld der-game," . . . Pat a.u not pay any attention to Bon- a a n rt hr.,.n.H a 1.1m m . I m .an. .iiu.iu. wuiiv.c;i wbih n v .11 111 .gaitL this time Hasina about on one lev and then another ready to plant a right hand swing to the Jaw. Pat -was there quicker than Bon tag. .. Before anyone could "butt In" Sontag's jaw connected wiin tne insnman s list. Tne. subse quent proceedings Interested George no mora. . .. .m...--, ----- ... . --. c- --i Then Tim McGrath lit Into the Ions- shoreman, assisted by two or three of "der guys." The assault was a failure. Tim v went the sleeDV wav of nenra-e. : and the "guys took to the debris piles. Bon tar has toat out. snrl ha'aafii thia morning: "Them detectives are watch ing me all der time, apd I tlnks dey put Jeffries la disguise uo sgin me Just to git even.;' : . . . - ; ..., GALLAGHER ON STAND ' IN TRIAL OF FORD ,;M" "I" ' ' f . t (United Praa toated Wlrs.l ! San' Francisco, April 22, James 1 . Gallagher, ! the . self-eonfossed go-between of Abraham Ruef and the bood- . ling supervisors, continued his testl-' mony this morning in the third trial of Tlrey tw Ford on a charge of bribery. Gellaghejr - described the. agreement entered - Into between the V prosecution and the supervisors whereby ths latter were permitted to retain off ice after the bribery exposures. , Gallagher explained that he "acted In spirit"- for the super- visors . when he signed ' the agreement for them. He also admitted- slicninar f'i Immunity contract and that his tai mony wns given under that contract. If he failed to tell the whnl truth, hit ssld, the district attorney might prose cute him.. ;.. :-.,.,.. ..- DSCOSERY OF BODY: CLEARS MYSTERY OF EUGENIE CLOGENSOn . - "(UsIteS PrtM LMatd Wlre.l Stanford University. Cal.. AprU J2. In-the;: discovery of an exposed-oof fin, containing the remains of a woman, on Cemetery hill, gear San Francisco creek may lis the solution of. the mystery of the disappearance of Eugenie Clogen- son, ' French exile, many- years ago.' The grewsome find was made yester day by a "party of students while they were out walking. By whom the grave was openea is noi mown, xne dirt bed been removed and the leaden tOD of the casket was turned-back. Through an aperture in ths- casket the face of the corpse, fresh and well preserved, was visible, though it was apparent that-the Dunai iook place many yeara ago. The casket was of marvelous work manship and the remain were thns nf a strlkinglr beautiful woman. Of all the theories advanced br tbe antlquar-i Inns of Stanford university to sccnu; for such a rich -sepulcher In ainii glace the most platiainle is that i ody is that of Kusnie ClOK'-nw.. 'Coutts, who was paymaster vt i armies of France at the time of 1 Franco-Pruaslan war. Is sadi to Imi stolen 15.000,00 from th Frenrh i , erament. Coutts -bought .v i. ranch and deeded It to Kugenln t l ; son. .Under her direetion the w whiah have made the Fren. I i name famous obout Stanford um. sity. were carried on. Madame loutis was inMttK.v j. of her. To brk Kmrcn,- i i Coutl's wife eonp!red with t 1 consul at San Franrm't. An tr, r of this oonaplrHcy a j.l in nf r was made whereby ;t x . mittetl to return lo 1 . . died. At about the timx 1 -' is Clorenson a im:i ( i - : never by any i-n n, after that. .