THE OREGON f DAIIY JOURNAL. PORTLAND THURSDAY EVENING MAY : 21. 1908.
10
PASSED THROUGH HOME
: OF MAN HE KILLED
OF
ELECT RT. REV. NICHOLS
SAYS A D. T GO;
Ms -niBRiiir
COUNCIL'S PRESIDENT
mmm
MUCH GOOD
PRICE
ILK
HE
Hi AS SKY
'The Dairymen's Association,
; Commonly Known as Milk
Trust, Maintains Tremen
dous Trice on the Eaw
, ' Article.
Condensed Product and But
, ter Are Away Down, but
Prosperous Cow -Owners
Get All the Traffic Can
' Possibly Stand.
Race suicide and th Portland Pair
Association may not hare any direct
connection or community of purpose,
but inferential they mayi Milk in
Portland is now coating the people of
' thia city more than at any time for the
same period for 20 year past This In
spite of the fact that the gentle rain baa
called tha grass out of the ground, that
the lowing herds ar fat. c"VTm
willing: and able to do their hare to
wards making ' the aupply exceed the
demand, and that the venders of milk
are rolling in golden gain Just as tneir
cowsare feeding m growing clover
In the good old days before the mil
me wen! into the trust organisation
business and gave birth to the P0'"?
Dairy Association it used to be that tne
price of milk fluctuated with the su
p'y. Now that day la past. The baroffs
of tha milk can, absorbing the theories
of the Harrlman railroad ay stem, be
lieve In charging all the traffic will
bar ? Present Prlc Kifffc.
Milk now costs the frugal housewife
11.60 a pint. If she buys It In such small
quantise or $1.60 a quart, if she needs
more. Last year at this time, when the
grass wa green and before the milkmen
were a unit, the fluid could be secured
at a cost of $p5 a pint and from 2 to
$2 25 a quart.
Nothing la doing now In the way or
reduction, however. Butter has gone
down as tha grass has come up. until a
fw days It sold for the low figure of
the year. 22 Mi cents a pound. Condensed
milk has fallen as the feed has become
mora plentiful, until now it la 40 cents
a orate cheaper than H was a short time
ago. Not so with , the raw material,
however. Milk still costs the same.
It makes no difference to the milkmen
If the creameries lower the price on but
ter fat "and sail condensed milk for, less
That Is the business of the creamery.
Milk, by virtue of the order of the asso
ciation, ha 'risen to a certain level in
price and it cannot fall. The only
change possible. In the estimation of the
milkmen, la an upward change. The milk
trust is a good one. To it belong prac
tically all the distributors of milk who
do business in the city. Those who do
not belong still fall Into line and sell
for the trust prices, because they find it
Is the money-making thing to do. Con
sequently 4he trust price goes.
- ' Trait Doing sTlcely.
The trust ay milk la worth 11.60 a
pint and $2.50 a quart, and that settles
ft. It makea no difference to it whether
it la milk gravy or the common water
variety that grace the table of th
eommcn people, or whether the baby
get It fresh from the cow or out of a
can sealed and branded by the faotory.
' That is the lookout of the common peo
ple. The trust is looking out for ttaelf.
Into the breach, though, have com
tha canned milk companies. They are
., St war, each striving for tha scalp of
the other, or perhaps It would be better
to say for the cream of the trade. The
: Pacific Coast Condensed Milk company,
which is Independent, has sharpened its
knife fc the Borden Milk company,
which affiliate with the truat The
Independent company has sliced 40 cent
- off the price of a case of condensed
milk. The trust I taking up the chal
l"nge. The independent company argue
that the spring supply of milk Justifies
It reduction in price.
IFliSlT
rouns
f-,- (Colted Ptmi Leased Wire.)
' Washington. May 21. Three Ameri
can warship fleets will cruise In foreign
waters simultaneously for eight or ten
weeks next fall, when the Atlantic fleet
(5 "parts from Australia for Japan and
China, the armored cruised squadron of
the Pacific fleet cruises to Samoa and
the South seas, and a squadron to be
formed on the Atlantic will sail for
England and the Mediterranean. It was
f unofficially announced today that the
cruise of the Pacific fleet will probably
last from the latter part of August un
til tha middle of October.
HOT DRAW OH CITY IF
7 UVI WOUID SUFFER
, George L. Hutchin, manager of the
Rose Carnival, will be nrp.pnt tn I
t the meeting of the East Bide Business j
Men club In Ringler 4iall, East Mor- i
rlson and Grand avenue. The club
meet to perfect plan for the east side
celebration and to confer with Mr.
Hutchin before scheduling a -program
for the fiesta. The uarnlval committee
of the Woodmen will also be present to
cooperate with the Kuslnesa Men' club.
President Blgelow of the organisation
said thl morning that he had aaked the
mayor and -council not-to do anything
further toward securing -a $50 appro
priation for the east side carnival com.
mlttee of business men if it was not in
accordance with municipal - law. Mr
Bigelow-feels sure that the business
men on hi side of the river will be
hie to carry off the work of Drenarlna
for the carnival In a creditable manner
anyway, and he would rather do without
assistance from the. city if if Is any
way Improper for the city to contribute
to tne iuno. i. ' . , - , , j
THIBD BALLOT FOR" -
ELECTION OF BISHOPS
(rotted Fmm Lei ted Wtre.t
lit kf .4 . I . . trtlu( ft.-.
lot for the election of bishops will be
tnken by the Methodist Episcopal eon-'
f.-renre this afternoon- Rev. . F. An-
.wso-V; of New Kork. who- w elected
i n the eccnd ballot last night, received
a votes. iUv.-J. L. Keulnon of Berea,
ilo' rei'lfd S.'iO votes, but 610 are
iiPvv.aiy to ,l.oice. , . '
Delegates Hold Annual ;Business 'Meeting. This- Morning
and dopt Constitution Appoint Committee to
Select Next Meeting Place.
President. Right Rev. w. F. Nichols;
bishop of California.
Secretary, Rev. . L. C. Banford. Ban
Francisco.
Treasurer. Rev. If. B. Coffman.
Olympla, Washington.
This morning' business session of the
primary council, eighth missionary de
partment of the Episcopal church, wa
largely devoted to the organization of
the council, the adoption of a brief con
stitution and the election of adminis
trative officers.
Following the celebration of the com
munion, which was conducted by Bishop
Paddock of eastern Oregon,. Bishop
Nichols called the business session to
order at 10 o'clock. Out of 14 districts
Included In the council, eight Were rep
resented. The total possible attendance
would have been 60 4 from the clergy
and laity, and 14 bishops. Many of tne
district were represented by both
bishop, clergy and one or more delegate
from the laity.
To Meat Stek Tear.
Upon the report of a committee of
which Bishop Frederick W. Keator of
Olympia wa chairman. It was decided
to elect the officers trienntally, and for
the council to meet each year except
ing the year when the national council
Is to meet. The meetings will come
within a month following Easter.
The Rev. L. C. San ford of San Fran
cisco, acting: secretary of . the primary
council, was unanimously elected to the
position of secretary. Bishop Nichols
of California was then chosen president,
and Rev. M. B. Coffman of Spokane
treasurer. Following the election of of
ficer 'question of procedure were
taken up and were not completed until
adjournment for the mid-day prayers.
The conference session of the council
which was to have been held this morn
ing was postponed until this afternoon,
when Rev. L. C. Sanford will speak on
"What Has the Church In the Eighth
Department Done During the Past Year
to Further the Church's Mission?"
Bxiend Invitation.
Invitations for the next meeting of
the council were extended by Boise,
Idaho; Sacramento, California; Spokane
and Arizona. Bishop Funsten of Idaho,
Bishop Wells of Spokane and Rev. Mr.
Farrer of California were appointed a
committee to investigate and report on
the most suitable place for holding next
year' meeting.
Tonight the two chief social events
of the Episcopal meeting will be held
the reception given by Bishop and
Mrs. Scaddlng at Bishopcroft, their
home this afternoon from 4:30 until
( and the departmental dinner In the
new Commercial club banquet room.
Afternoon Session.
The program for this afternoon's ses
sion was taken up following a luncheon
aerved in the parish house by St Da
vids parish. The program for this
afternoon and tonight is:
2:80 p. m. Conference session of
the council. General subject: "The
Success of the Missionary Campaign
Dependent on the Strength and Loyally
of the Home Base." (1) "The Minister's
Essential Relation' the Right Rev.
Lemuel H. Wells, D. D.. bishop of Spo
kane; (2) "The Layman's Share in the
Enterprise," Judge George H. Wil
liam, Portland, Oregon, W. A. M. Van
Bokkelen, ' San Francisco California.
4:80' to 8 p. m. The bishop of Oregon
and Mr. Scaddlng give a general re
ception at Bfehopcroft, to meet the
visiting bishops and delegate.
7 p. m. Eighth department dinner in
the new Commercial club banquet
room. Chairman, the ' blBhop of Ore
gon. After-dinner speeches: (I) "The
Btrateglo Value of the Eighth Depart
ment from a Missionary Point of
View." the Right Rev. W. F. Nichols,
D. D., bishop of California; (2) "What
Shall We Do About ItT" Direct, crisp,
Inspiring, brief answer by speakers to
be announced.
poke on Xlsslonari.
At last night's session in Trinity, the
opening on of the eighth missionary
conference. Bishop Scaddlng presided as
chairman. Manv delegates from the
western tates and the Paclfio Island
DOCTOR DECLARES
THOMPSON SANE
(Baited Press Leased WU.
Tacoma, May, 21. Dr. E. M. Brown,
the first witness to be called' In the
Chester Thompson hearing, today took
the stand immediately after the conven
ing of court and hi testimony was un
finished when noon adjournment was
taken. The evident intention 1 to es
tablish that Chester bad never been a
paranoiac Attorney Thompson laid a
careful foundation In hi questioning
and gradually led the witness from gen
eral to more specific statements until
finally after over an hour of questioning
! question of the direct examination.
: "Doctor," asked Mr. Thompson, rising
I from hi chair and speaking slowly,
I "Is Chester Thompson at the present
! time a sane person?'
I "He ia, sir," replied the doctor.
When Mr. Thomnson asked tha Ques
tion, a hueh fell on the courtroom and
every one In it looked keenly at the
doctor. When he answered the question
Mr. Thompson seemed satisfied and
turned the witness over to the state.
The prosecution Is making a strong ef
fort to show the testimony Of Dr. Brown
doe not coincide with hi testimony at
the former trial. Brown began hi tes
timony by telling of hi observation of
Chester' condition at the former trial,
how he had treated him in jail for a
akin eruption and of the frequent con
versation he had with the boy then.
SIGH PLEASE WHEN
-. . . . -T . . ..'.i.. . ...... . .
YOU BUY WHISKEY
Mayor Lane today signed the ordi
nance containing the amendment to the
liquor ordinance regulating the sale of
Intoxicant lay druggUU and today all
druggists In Portland will have to keep
register of the name of the persons
to whom liquor 1 sold. The section re
ferring to druggists follows:
"Provided that a druggist whe sell
or serve liquor on th prescription of
a regular licensed physician with on
sale only with each prescription or who
In good faith sella or serve liquor for
medicinal, sacramental or - mechanical
purpose only and who make no dis
play thereof, and who shall keep a
liquor register which, shall state the
amount purchased, the price paid and
the purpose for which it is to be used,
also the personal signature and address
pf the purchaser, shall not be deemed to
be selling or serving liquor, and further
provided that satd liquor register shall
at all times be open to the inspection of
any police or other officer upon demand,
hall not be deemed - op defined - to be
selling or serving liquor.'
By thl provision the druggist are
exempted from paying the 8Q0 license
required of other retail liquor dealer.
were present and were welcomed by Rv.
A. A. Morrison, rector of Trinity.
Rev. Arthur 8. Lloyd, general secre
tary of the domestic and foreign mis
sionary board. Rev. H. O. F. Clinton of
Bt. James Vancouver, urmsn t.-oiumoia,
and Rev. Franklin S. Spauldlng, bishop
of Utah, spoke on the subject of mis
sionaries ana tpiscopai missions.
Tomorrow's Zzeroises.
The exercise tomorrow will" be held
at the Pro-Cathedral of St Stephen the
l ., " T
mmsm
llSli'
'-.A-'i-l
Right Rev. W. F. Nichols, Bishop of
California, Elected President.
Martyr, corner Thirteenth and Clay
streets. Rev. H. M. Ramsey, vicar. The
proRram is as follows:
1:30 a. m; Celebration of the holy
communion celebrant, the Rt. Rev. John
Mills Kendrick, presiding bishop of
eighth department.
10 a. m. Business session of the
council (for delegates only).
10:SO a. m. Conference session of
council. "The news and Opportunities
Within the department as Been dv tne
Bishops"; 12 minute talks by the Dlsh
od nresent. or their representatives.
11:45 a. m. "Seaman's Church Insti
tute of America," Rev. F. Stone, organ
izing secretary for west coast.
12:26 p. m. Mid-day prayer for the
church in the eighth department.
Afternoon 1:30 p. m. Visit to St
Helen's hall, where address will be
made to the Society of the Royal Ban
ner, by the Right Rev. Henry t. Rob
inson, D. D., bishop of Nevada.
2:80 p. m. Business session of coun
cil, at St. Stephens.
8:80 p. m. Conference session of the
council. General subject. "The Appor
tionment Plan." (1) "What ha been
achieved under It?" The Rev. N. B. W.
Qallwey, San Mateo, California. (2)
"The Importance of the large parish
to the - success of the apportionment
plan." The Rev. J. P. D. Llywd, Seat
lie. "WHHhliifUm. (SI "The lmooftance
of .the small parish to the success of
the apportionment plan. Rev. A. K.
Smith, Ellensburar, Washington.
4:46 n. m. Even Ins prayer.
5:00 p. m. Delegates and others are
cordially invited to visit tne uooa Sa
maritan hospital.
lnr In Trinity church, corner Nine
teenth and Everett streets, Rev. A A,
Morrison. Ph. JJ., rector; chairman, The
Rt Rev. Charles Scaddlng, D. D., bishop
of Oreyon. (1) "The Christian ffospel
all-sufficient for the world's need" The
Rt Rev. James B. Funsten. D. .. bish
op of Idaho. (2) "The two-fold mediitm
through which tnts ail-surriclent gospel
is presented Apostolic order and the
open BlDie" The 'tt. Kev. Krexlerrclt w.
Keator." D. D.. bishop of Olvmnla.
(2) "Shall we give the gospel to the
world r Rev. Arthur a Lloyd, D. D.,
general secretary. Farewell words. The
m. Kev. unaries scaddlng, JJ. v., Dlshop
of Oregon.
IS
ARRESTEDAGAIfl
(United Press Letwd Wire.)
San Francisco, May 21, Robert Ful
lerton, the St. Louis millionaire's son,
arrested In Seattle on a charge pre
ferredtby Gladys Hobart, a young wo
man with whom he attended Cornell,
was released today on a writ of habeas
corpus, and Immediately rearrested on
a fugitive warrant. His ball was fixed
at $6,000, which was Immediately given,
and Fullerton was released for appear
ance in police court tomorrow
When Fullerton reached San Frair
clsco on his way from Seattle to New
York, in custody of a detective he was
taken away from the officer and placed
in the custody of the sheriff pending
the determination of the petition for a
setWsme
ht cleveland
(United Press teased Wlre.l
Cleveland, May 21. The Munieinai
Traction company and Its striKinir am.
ployes deelded this afternoon to settle
the attlke by arbitration. The men will
probably return to work tomorrow.
UNION MEN TO HEAR
ELECTION DEBATES
The Federated Trades'" council, will
meet in the hall of the Trades coun
cil, i06 First street, tomorrow night
when. the member will have an op
portunity of hearing a half a Joien
leading speaker In a series of three
debate on questions of the day. A
musical program will be interspersed
between speeches '
. Th first debate will be on the single-
ta nuestlon. B. B. I. MoAlIlster
will uphold the affirmative and Ralph
R. Dunlway will speak on. the nega
tive. - - - -
The recall system will be the sub
ject of the second debate. It will be
defended by W. ft. URen of Oregon
City, who will have pitted against him
on the, orator!! platform, -W. R. Mo
Garry. ' : . ; '. .
be on "Local Option f.V , Secretary
atone, of the V. M. IX A., wle speak
In favor of local option and John Qold
, rainer wlU, apeak againsy it, , - ;
IV i I' if X
t.? iff l-
TO
Walker Laughs at Attempt
of Bival (Corporation to
-Get Franchise.
George J. Walker, general superia
tendent of the National Automatlo Fire
Alarm company, stated today that the
petition of the American District Tele
graph -company toe a franchise to op
erate an auxiliary fire alarm system in
Portland is but an attempt of a large
corporation to crush a smaller one. Mr.
Walker also said tht the real reason
the A. E. T. company wanted a fran
chise at this time was to protect its
present franchise, which was . granted
In 1892. He said the old franchise is
embodied In the franchise asked for
yesterday. In speaking of the move on
the part of the A. I). T. people, Mr.
Walker said:
"The A. D. T. company has no auxil
iary avstem. If thev secured a fran
chise and attempted to install an auxil
iary fire alarm system they would
probably be enjoined by the Qamewell
Fire Alarm company of New York un
til the expiration of th Qamewell pat
ents. These run for several yeara and
until the A. D. T. people could secure
a system of their own the ctty -would
be without an auxiliary system.
"Bounds Well, Bstr
"Of course thl talk about' a maxi
mum rate of 12 a month sound nice
compared to our maximum rate of $4
a montn, Dut when it is considered that
such- a rate of t4 a month is not to be
obtained in Portland there need be no
cause for alarm that our prices are go
ing to jump sxyward. .Besides, our
franchise provides that the council can
regulate and limit our price whenever
It chooses. ' '
we have already given the city
$5,000 worth of equipment or rather
we will when we accent- our fran
chise, and w will be put to a further
expense of - about 15,000 In placing our
present equipment underground. All of
our piant goes to tne city upon tne
expiration of our franchise, no matter
how many boxes or cables we Install.
We will make practically nothing- out
of this venture and are willing to sell
to the city or anybody else at the pres
ent time. What we are offering to the
city Is an additional fire protection."
WORD "CREAfil"
Is the word 'cream," a applied to
rolled oat, a trade mark, or is it merely
a trade terra open to general use? This
Is the question brought up in the federal
court this morning in the application of
Albers Brothers Milling company for a
temporary injunction restraining the
Acme Mills company and the Columbia
Milling company from using the word
"cream" as a part of the name of their
mill products.
The Albers Brothers company con
tended that the use of "cream'-' as ap
plied to rolled oats originated with It
about' 1897. For some reason not ex
plained before the court yesterday this
company had not taken out formal trade
mark papera on the phrase "cream
rolled oats" till 1906. Meanwhile other
mills have been using the phrase for
years, which use Albers brothers claim
Is infringing on their rights.
The Acme Milling company entered as
a defense that he term "cream rolled
oats" Whs a general trade term that no
one could patent or In any way claim as
private property, and that the phrase
had been so used in general business for
at least the past 80 years by practically
all the mills orf the Pacific coast The
hint was also expressed that Albers
brothers now sought to get a monopoly
of this ttade term, which would be of
immense value If controlled by any one
firm. ,
By mutual consent the Acme company
In court spoke for Its fellow defendant,
the Columbia Milling company.
FOUflLEDll
PINOLE WRECK
(United Pre Leased Wire.) .
San Francisco, May 21. Four dead
and three seriously injured is the casu
alty list of a train -wreck that occurred
last night a mile north of Pinole. The
engine of the Oregon 'express left the
rails and dragged a baggage car and two
express cars into the ditch. L. W. Cody,
fireman. Express Guard Cummlngs, who
was a resident of Portland, and an un
known tramp were instantly killed.-Engineer
It K. Ward was so badly hurt
that he died this morning. The injured,
one or more of whom may die, are John
J. Bermingham, express messenger, of
Oakland; L. McCoy, express messenger,
and the 14-year-old son of Agent Smith
of Dunsmnlr.
The cause of the wreck has not yet
been determined and will probably never
be known A broken rail or some mis
hap to the engine are conjectures of
trainmen.
None of the passenger wa injured,
though all of them got a good shaking
up wh?n the coaches bumped along the
ties.
10
DECIDE CURREHGY
(United Pnas Leastd Wire.)
Washington, May 21. A national
monetary commission, to consist of nine
senators and nine member of the
house, whose duty It shall.be to inves
tigate the financial situation and sug
gest or frame currenoy legislation, is
proposed In a Joint resolution Intro
duced in the senate today by Senator
Aldrlch of Rhode Island. This -resolution
will supplant all the financial leg
islation contemplated by the Aldrlch
and Vreeland bills at thl session. The
resolution was adopted Without debate.
' Senator Aldrtch said: "I see no rea
son why congress should not adjourn
Saturday. My conferees bare Just
agreed that there will be no currency
bill this session." Senator Burton of
Ohio, said: "There will be no currency
bill this session. There will be an ad
journment Saturday in my. opinion."
GIRL r.iissiri6 EROFil
HIE THREE WEEKS
' Joy FournaL the l-y ear-old daughter
of Mrs. Odeal FournaL St John, has
been missing from her home for three
!. weeks, and th parent have'' asked the
police to aid In finding 'her. Them la
Mio apparent reason for the girl's depar
ture ann nor pnrem are nearly .dis
traught with. anxiety and grief. She was
01
State's Witness in Suitter
On First -Visit to House
After Speaking
Evidence for the state In the trial of
Nathan H. Bultter, an ex-policeman,
charged . with, the murder of Henry
Schaffer. wa practically closed when
court adjourned at noon today. The
first wltnesa for the defense had been
called to the stand, and the attorney
were In the mldat of combat over the
admissibility of evidence tending 4o
prove that Schaffer was known a a
dangerous man along the ,watrfront
where he was employed as a longshore-.
man. Judge Cleland will hear further
argument on thl question thl after
noon. '
The state made a mlssten In tha nre-
sentation of its case- this morning when
Paul Dach was Dlaced , on the etaml.
rach Is a Russian Pole and was one of
the guests at the Schaffer birthday par
ty on the night of March 1. when Schaf
fer was killed. Dach created aurnrlan
on both sides when he contradicted
other witnesses for the state In two
important particulars. His story of tha
shooting scene wa practically-the same
as told yesterday by Mrs. Schaffer and
corroborated by other witnesses, how
ever, and District Attorney Manning
and 'his aid are hoping that the Jury
will not consider their case discredited
In' other respects by the unexpected tes-'
timony oi iJacn, '
Officer's JMrst Ytoi.
rSt eAB. tiiHM n vi. .
f V"i c&i.m:k tcriwiag Alia LJroacui'V 111
the : Schaffer home on the evening of
the hooting. declared that when Suitter
came to the house for the first time to
ten them not to make so much noise be
passed through the house, going out the
back door. The witness said that Schaf-
rer and tne policeman talked in the
kltohen before the officer passed out.
The testimony of all other witnesses for
the atata wa that Bultter only stepped
inside tm front door on his first visit.
and that he did not then see Schaffer.
Dach also testified that when the
officers cams the . second time, when
Suitter was accompanied by Patrolman
Levens, he entered alone, and that
Levens did not come In until after
Schaffer was shot. All other witnesses
say that Levens took a look around
the house with Suitter and then went
out to summon help the officers hav
ing decided on arresting the male mem
bers ef the birthday party on a chargS)
of disturbing the peace.
The state also met a rebuff this
mornlne in attemmlnff to nrova hv
Chief dritxmacher that- the officers of
the force were given Instruction
cautioning them as to the use of fire
arms. The chief was handed an order
Issued on November 18, which he said
he had given, but Judge Cleland re
fused to allow the 'document to goJ
in evidence. me court neia tnat tne
law fixes the limits of action in self
defense, and that any Instructions of
the cmer ot ponce cannot change tno
conditions Imposed by the law Itself,
Xnqaest Testimony Bead.
Surprise was created by action of
the attorneys for the state in placing
before the jury the testimony given
by Suitter at the coroner's inquest.
This was done by calling to the wit
ness stand the stenographer who took
Sultter's testimony and having what
he said read In .full. It had been ex-
?ected that the prosecution would hold
his statement by Suitter In reserve
and use It-only In the event that be
contradicts himself when he goes on
the stand' to testify In his own be
half. While the stenographer war on the
stand Attorney Dan J. Malarkey for
the defense brought out the fact that
the crowd at the coroner's inquest was
unfriendly to Suitter and hissed him
when he gave his testimony. Then
Malarkey blandly inquired:
"Mr., Manning had a big audience of
longshoremen at the inquest, didn't he?"
The question was objected to and the
witness excused from answering.
Dramatlo interest was given the
morning sesslorj by the testimony of
Mrs. Emma Span, wife of Jacob Span.
She is a sister of Mra Schaffer and she
and her husband were witnesses of the
tragedy when her brother-in-law was
slain. She speaks English Imperfeotly,
but was required to tell her story In
English. She corroborated her sister in
most details, but contradicted her as to
CHECK, SHOWN AS
GRABBED
The case ef W. H. O'Neill va B. O.
Hobson in the justice court this morn
ing furnished an apportunlty for the
display of legal astuteness that resulted
in the securing of 166 by the plaintiff
on an old bUl which he had despaired of
ever seeing; liquidated.
O'Neill' attorney instituted uppl-
l .nA..UiT. a.alnat Tfnhlnn.
mentary proceeding agalnat Hobson.
vrho 1 In charge of the United State
reclamation ervic in inu
has.-an office In thl city. O'Neill se
cured Judgment galnt Hobson for a
bill of $160 more than a year ago bnt
Hobson refused to nay It because ho
said he couia not inura w uu .
court this morning he said he receives
a salary of $4,200 a year from the gov
ernment. Upon being asked by O Nelll
WOULD GIVE BACK
AS A SHORT
Ms. and Mra Edward I McCarty
have agreed that they db not want to
i. t.tw longer, and they have also
agreed that the divorce court are too
slow. Yesterday they approached the
marriage license counter in the county
cUrk's 'officW and Deputy County Clerk
Praso aupposea iimi vwv . , ...
Cupid had come to surrender. Mr. Mc
Carthy soon disillusioned his rntnd.
Are juu mT v"
from about a year MTI ,.w.
"I don t anow, uwcim --
issue so many licenses I cannot remem-
be'weU," said McCarty, "I want that
licene itruck off. I don't want, to b
married any more. . - t
"Why notT" questioned Prasp.
'" "I am not able to work. I am no
mor than able to taks care of myself.
I've got rheumstlsm. Besides, I don t
Hke my wife's family. m -
- "Where 1 your wlfeT" wa th next
question. - .- ' -- : " " '
known to have kept company with a
young man, but the parents did not
know him. and he has not been located
since the girl' dlsappearanca , ,
VJ x' j n ni . . - n - .---- r--
and the parents say she rould some
times stay away from home over night,
when angry at some family affair. The
last -trace of her wa In Portland, where
she wa seen aooui mr wtoi bu in
company with a middle-aged woman and
a man. Soon after the parent received
word that h wa at th Palmer hotel,
but an lnvetl gatfon disproved it v ,
Association to.Meet. ' ".
'' The Mount .Tabor branch of the Horn
Training association will hold Its regu
lar meeting tomorrow afternoon at 8:30
at the West Avenue -school -Airs. A." J.
Montgomery will address the meeting
i on '"Refinement in Children."
Case Declares Policeman Had,
of Schaffer, Gone Through
to the Host.
Sultter's having; entered the house on
his first visit. The witness was sur
that the policeman did not step inside.
Describing-the - shooting scenes Mrs.
Span spoke excitedly and illustrated her
narrative with frequent gestures. She
said Schaffer stood with, his hands rest
ing on his hips when he was shot. Just
oerore mat be had ashed suitter II he
might go outside. He asked this in an
"awful nice" tone, the witness said, re
peating : the description several tlmea
Suitter answered nNo," shs said, and
men ouuier puiiea nis gun. - sura.
aV.a. 1 1 1 - J M V. .. V
"My Ood, he will shoot you," and
Bcnarrer said,'" am not arraia or mat
gun." Then, said the witness, Suitter
pulled the trigger and shot four tlmea
She described how-Schaffer fell, end as
she concluded burst into tears ana
sobbed,, violently for several 'minutes.
This scene affected Mrs. Schaffer, who
also wiped tears from her eyes, but did
not break down as did her sister.
Mra finan - was cross-examined by
John F. Logan for the defense. She
became more cautious and called 'for
the service of the . interpreter to an
swer., most of his questions. She de
pled that Schaffer mad an threats
toward the officer.
Mv Ood. no." sh exclaimed. "He
only, asked to go out, awful nice and
easy."-
bc nailer xtepweauoa. .
Rhortlv - hiAfore the noon recess Dis
trict Attornev Manning asked for an
adjournment until S o'clock, saying that
ha believed his case was complete, but
he desired to consult with the other at
torneys and might wish to offer a lit
tle additional testimony. Malarkey then
requested ' permission to place one wit
ness on the stand out of order. He
explained that the witness, Captain J.
A. Watts, wa anxious to testify at
once, as he had mads arrangements to
leave tni afternoon lor neattla to see
the fleet. Watts wa called and tes
tified that for many years he has been
in the stevedoring business. He said
he was acaualnted with the reputation
of Schaffer along the "waterfront and
In the community as to being a Dan
gerous and desperate man.
Attorney ti. ju. Mcuinn ior tne de
fense vigorously objected to the witness
being allowed to tell what this reputa
tion was, and the court waited for Ma
larkey to produce a law . dook from a
down-town office. McOlnn refused to
be convinced and when he announced
that he desired to resist the giving of
this testimony Judge Cleland adjourned
court until t o'clock. Malarkey said he
was prepared to prove that Schaffer was
known as a dangerous man, quarrel
some and repeatedly guilty of acts of
violence. This, he contended, he had a
right to show in order to throw light
on the probability of the 'story of Mrs.
Schaffer and others, who have said
that the late longshoreman stood meek
ly at his wife's side when he was shot
down.
Bye-witnesse Testify.
Confirming the etory told by Mrs.
Schaffer as to the inoffensive conduct
of her husband, the prosecution placed
on the stand Jacob Stelkel and Jacob
Drleber. The former particularly made
a good impression by the straightfor
ward story he told. He said that
Schaffer was advancing toward Suitter
when he was shot, but was not near
enough to touch the officer, made no
effort to strike him, and made no
threats. This morning Drleber was
cross-examined, without materially
changing his story.
The story Snltter is expected to tell
was given to the jury in the statement
made at the Inquest and read in court
this morning. The defense may decide
to let tht stand as the defendant's ver
sion of The case and not put him on as
a witness at .this time. Suitter said hs
shot In self-defense, - after having
been threatened by Schaffer. ,The lat
ter had made a rush and grasped his
left arm when the revolver was brought
Into play, the officer said, and several
others had seized his right arm. He
said Schaffer told him to "Shoot and
be damned," when he warned them
to stand back, and that the big long
shoreman kent coming at him after he
had fired o shot, so he fired two
more. He said Schaffer threatened to
"do him up," and to "throw both of
them out," referring, to Suitter and
Levens.
EVIDENCE, IS
TO PAY OLD BILL
attorney why he could not pay a little
bill when he wa getting this much
from Uncle Sam, the government of
ficial replied that he .spent every cent
he could get
The object of O'Neill's lawyer was to
find out from whom Hobson received
his checks, but the witness oleverly
eluded this by saying that he got checks
from different sources. He said he had
no bank account. He was asked tt show
one of the checks. He pulled out a
check for $65 and O'Neill's attorney
took it for examination.
Mr. Hobson was very much surprised
and pained when tha attorney handed
the check over to Justice Reid and asked
him to request Hobson to Indorse It
This Hobson was forced to do, albeit
with bad grace. O'Neill Is still chuck
ling over the unexpected payment
LICENSE .
CUT TO DIVORCE
"Right here." said th unhappy hus
band, waving him hand toward his com
panion. .
Then Mra McCarty, who was Daisy
M. Fletcher before her marriage, took
a hand In the discussion. She said, she
was tired of making a living for Mc
Carty. He wanted to go to eastern
Oregon, she explained, but she did not
want to go, for It Is too cold over there.
She added that .she believed he had
some other girls, anyway.
Although the Mccartys expostulated.
Prasp told them he could not untie the
knot, and they would have to go Into
court to be separated. They doubted
his- statement, and Insisted that hs
could obliterate their woes if he want
ed to do so.
' McCarty and bis wife are each 18
years old. He came ' to Portland from
Condon, Oregon, about the time of
their 'marriage. They were married
February II. 1107, by Judge Fraser,
this being Mr. McCarty' second ex
periment In the matrimonial field. .
WANTED 'TO BUY A LEG
BUT BOUGHT WHISKEY
After spending $850 in two days In
"seeing the city," William M. Welch
yesterday attempted to cap the cele
bration by slashing his Jugular vein In
a crowded streetcar on the Mount Scott
line. The timely intervention of pas
sengers saved him and with the blood
spurting 'down his neck he wss re
moved to the Good Samaritan hospital.
This morning he was abls' to appear'
before Judge Camron. ,
He said he hed come to the city to
purchase a wooden leg, but got started
on the whiskey- route and, as he was
not In this habit of drinking, had be
come erased. He did not remember of
attempting to take hle-life. He wss
rU-An noma rood advice br the Judge
and sent to hi home In Salt Lake City.
Eeports From Oregon Wheat
. Belts and, Inland Empire
7 Say That Farmers Are Ju-
bilant Over- Prospects of -'
Bumper Grain Crops. ' ,
Rains throughout th wheat' belt of
the. Columbia y river basin In the. last
few, day have put the great wheat field
tributary to the O. R. A N. railroad sys
tem in perfect condition for producing
a large crop. -' Thl morning the O. R.
s N. company1 agent at Kahlotua re-'
ported that it wa - even raining
In the . Waahtucna . region, v sec--tlon
of eastern Washington -that
doe jtot often get moisture at thl ea-
A a result bt recent rain over the
northwest the Portland Commercial .
club is in receipt of enthusiastic letters -from
all sections. Big crop are ex
pected not only in grain and grasses,
but in fruit of all kinds. , .. .
Tamers Happy. '
J. M. Patterson, secretary of The
Dalles Business Men's association,
writes that they "'had a great rain, and
the farmers are stepping high.".. Secre
tary F. M. DuBols of the Ashland Com
mercial club wrote that they are circu
lating many thousands ot copies of The
Journal Dairy and Livestock Suppler
ment. He said: - ; "
"Prospects are better in all lines In
Ashland this summer than ever before.
Four hundred shade trees have been
planted on both sides of the drive be
tween the business center of Ashland
and the Normal school. To give you
some Idea of how we are growing, a 10
acre orchard,' over a mile from the
postofflce and facing the boulevard, has
been platted with wide streets, lots are
being sold, and bungalows built."
Manager Tom Richardson of the
Commercial club said:
"Woodburn asks the Commercial club ,
for a copy of its constitution and by
laws. They have laid the ground work
there already for a club that will make
Itself heard.
Sending Out rubuoatloii.
"We are supplying some of the lead
ing general passenger agents through
out the United States with copies of
the splendid publication, "Portland, Ore
gon, the City of Roses.'
"In a letter to the Commercial club,
H. M. Adams, general freight and pas
senger agent of the Spokane, Portland
& Seattle Railway company, as well as
the Astoria & Columbia River Railroad
company, says they have a plentiful
supply of coaches at both Astoria and
Portland and will be In a position to
take care of a large excursion business
during the Rose Festival.
Want Information. -
"Trftffln trap riAArr. V V.vln.
of the Oregon Electric Railway com- vt
pany has requested the 'Commercial
club to provide htm with information
showing the conventions, special meet
ings, and other gatherings to be held
In Portland between this time and Sep
tember 1, so jjiat he can make arrange
ments In advance for sneclal rates, and
also arrange to acoommodate people to
the best possible advantage.
"The Oregon commission of the
Alaska-Tukon-Paclflc exposition re
ports that the Oregon building now un
der construction at Seattle will be com
pleted In due time for the coming ex
position and. will be the largest snd
most complete state building on the
grounds."
110 VERDICT III
ABE RUEF CASE .
(UotUd Press Leased Wire.)
San Franolsoo, May 11. A verdict or
dismissal of th Jury In the Ruef case
will come this afternoon, If appear
ances count for anything. Twice today
Judge Doollng sent into the Jury room
and each time word came back that tho
jury was still deliberating. Later the
announcement came from the Jury room
that the Jurors would not go to lunch,
but would "stick it out."
At noon Judge Pooling sent into tho
Jury room but the bailiff returned with
the word that the Jurors were still at
work. A half hour later he again sent
In. the same answer being returned.
The court then announced that he would
again send into the Jury room at
o'clock.
Counsel for both sides prepared to
leave the courtroom and Ruef and his
attorneys had departed when word csmo
from the Jury room that the Jurors
were going to stick It out and would not
go to lunch. This was taken to mean
that a verdict was imminent
Throughout the morning Ruef sat at
the counsel table, reading a French
novel and chewing gum. He seemed to
be the most unconcerned man In the
room.
KEMBREE CASE
(Special Dispatch te Tbi Jooraal.)
Dallas, Or., May 21. -Testimony In th
case of the state va A. J. Hembree, on
behalf of the defendant, was finished
last night, and arguments of the at-,
torneys are occupying the court today.
Interest Is still Intense, the courtroom
being crowded at all times.
Deputy District Attorney Cooper of - -Tillamook
county made the opening ar-
frument for the fftate after the conven
ng of court this morning. He reviewed
the testimony, speaking for two- hours.
James Mccain roi lowed ror the de
fense, and will finish about 2 o'clock
this afternoon, . Judge Pipes of Portland
will make the closing argument for the
defense. District Attorney McNary will
close for the state. The case will prob
ably go to the Jury tonight".
ANNUAL CONVENTION
EPWOItTII LEAGUE
' Members of the Epworth league from
11 the churches on ths peninsula will 4
meet in the first annual convention of
the newly organ lied district at the Unl-
verslty Park Methodist Episcopal church
tonight. The convention will bw opened
with an address on "Optimism" by Rev.
F. I Young of St Johns. University
Park Methodists have made preparations
for providing noon meals to all- dele
gates and visitors during the entire ses--
ston of ths convention, which closes Sat
urday evening, v.- '
. Tomorrow morning's session will be ,
opened with devotlonsl exercises led by
Rev. C. T. McPherson,, pastor Epworth v
Methodist church, after which, short pa- -
pers on Epworth league work will be
read and discussed. Tomorrow night "
Revt J. RrKiroaett. supwtnttmdentf the-Anti-Saloon
league for - Oregon, will : ,.,
apeak. - Saturday morning there .will be -a
business session, T5nd In the afternoon -ther
will be a Junior league rally, . -
LAWYERS ARGUE