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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (July 2, 1908)
THE OREGON' DAILY JOURNAL', PORTLAND. THURSDAY EVENING, JULY 2, 1908. If ON STAND Attorneys Contend Govern ment Has Failed to , Make Case and Defendant Not Required to Testify in Own Behalf. James Henry Booth did not go on the stand as a witness In his own be half in the Booth bribery case now drawing to a close In the United States court. Abruptly, after a conference following the adjournment of court yes terday afternoon, Mr. Alalarkey for the defense announced to the court ims liwrniMir flint- ta HofAnRA rested itS rase. He contended that the evidence of the prosecution contalnea noming whl;;h was of sufficient importance to controvert or disprove and that the gov ernment had failed to make out' a case which would ha. wsltrht with the jury. After tho witnesses which had been waiting for the.- opening of the defense ana tiu.se remaining ror me soyonmn-iu )iad been excused by the court. United States District Attorney John MoCourt beean his opening, statement for the covernment. tfe snoke less than an hour, lie went through the testimony of Bridges and of Krlbs, pointing out the vital spots of their testimony, and from these nrirued that the government had shown Beyond a reasonable doubt that the defendant Booth had been proven guilty of accepting a check of JS0O from Krlbs." part of which, at - lpHKt was in navmpnt for advance In formation concerning the business of the land office which it had been 11 legal for him to give. Outside of Indictment. Following the district attorney. Judge Webster began his plea for tho defense. Judge Webster laid particular stress upon the Contention that the testimony oi both Bridges and. Krlbs went out side of the allegations of the indictment. He contended that the indictment set out that the defendant had furnished Information concerning cancellations of claims, while the testimony had been Introduced to show entirely different transactions. This, he contended, was improper, and he argued that the Jury SEARCH FOR GOLD OF BILL BASCOM Dies in Wisconsin Prison and. Boasted He Had Se creted Fortune. United Pren tossed Wire.) Belllnarham. Wash.. Jul 2. The search for the burled treasure pf "Old Bill" Bauoom,, smuggler, train robber and run man, who died In a Wisconsin penitentiary, ha been revived In the neighborhood of Wenatchee, where he resided 20 year ago. He made the plaoe a base of .operations in hl smutg gling w6rk and was captured mere by a Wisconsin Bherlff. and taken back 6a'01d Bill" boasted at the time of his capture that he had a fortune of from $5,000 to $1(1.000 in gold burled In a gulch back of his cabin, which would stay there to the end of time. Bherlff Williams of this county is the only man living who knows definitely the location of Bascom's burled treas ure. He states that he has In his possession a description- of the spot where It is hidden, furnished him , by an aunt of the Jrni man since dead. Williams was theWlsconsln sheriff who 20 years ago captured the smuggler at the point of a gun. The sheriff states that he will take a trip to Wenatchee In the near future to search for the treasure. BUY I low for- 4 mai THE FOURTH PORTLAND If AN ENVY OF ALL HOUSEWIVES John Hastings, a mining engineer .of Baltimore, and assistant to John Hays Hammond, the highest salaried man lnh the world, and who was recently men tioned as a possible vice-presidential nominee on the Republican ticket, re cently Presented James! H. McJtfleholas of Portland with thre handsome rugs, the animals of which -Mr. Hastings killed himself In Africa and Siberia, Mr. McNicholas. who is also a mining expert and travels over all the country, has been associated with Mr. Hastings on several expeditions in Alaska and other mining countries and has known him for years. Some time ago Mr, Hastings promised Mr. McNicholas the rugs. Mr. McNicholas had almost for gotten all about them, when he was notified that there was a box at the freight depot pretty near as big as a house. The rugs arrived yesterday. Mr. McNicholas' largest rug is com posed of the hides of 12 civets, which were Killed D Mr. iiasnngs on uno ui his huntine trips. Another Is of a bear and the third that of a South Afri can leopard. All are beautifully mount ed. The civet rug is also arrangea so that It may be used as an ornament and hung on the wall. RATE tASE ACTION (ConSfewed from Page One.) could not bring a verdict upon suet evidence. According to the expectation of Judge Webster'.hia address to the Jury would consume not more than two hours o.f the afternoon- session. Should he hold within the time limit set by himself, Mr. Malarkey wtll begin his statement in support of that made by Judge Web ster a short tlmo before the hour of adjournment and will conclude some" time during tomorrow morning's session of the court. Judge Becker, who will close the case for tho government, expects to talk less than two hours, so that the Jury should have the case in Its care during; the early hours of tomorrow afternoon. Motion to Instruct DenUd. Late yesterday afternoon Judge Wol . verton overruled the motion of the de fense for an instructed verdict, and, on the request of Mr. Malarkey, adjourned court until this . morning in order to give the deffwise an opportunity to pre-1 pare its case for swift and logical pres entation. Tho caurt wi denying the motion held that it wns not for him to pass upon the credibility of the witnesses for the government, but to decide whether there had been sufficient evidence Introduced where men Qf reasonable minds might consider that a case had been made by the government. Liavlng flio question of credibility of the witnesses out of consideration, it K. .!.... ......ctir... 4V... ,1... -I..... 1 Ar y.;"T. , ' J M Commission. This is taken to be the 'i '... j.. '.i i real obtect of the visit of Soichlro Asa- Khou- , :'ns-e ...nnecH.Si, 'hot ween l?rh i no. president of the Toyo Klsen Kaisha n... ... ii,i .;n thin cnuntrv. Asa no Is tne wealin TOng made an aVrcement he lest .nan In Japan and is now on h,a snid included Hooth. hv which Krlbs ! way to Washington to appear before was to pay $2B for each els Im upon ! the interstate com VT-whom which Jvnnoe Information was given rP''al to preslitant Roosevelt, whom hv t!,.- officials of the lajid office krlbs: ho. terms Japan s J8.1 'e"d- Is In his testimony had snld that he had minted here, however that t ie Interstate discus-,,! .he question of advance ln. ! commerce commission ill stand firm on form.-tlon with Booth and that he had ( rulp' because It is supposed o paid the j S0. cheek In -consideration of t out smaller companies ,1" y. past f ivors. and those were, according : waV to get at the Japanese lines Is o Krlbs. inclusive both of the land deal i through the American railroads because or,ri tho m,.v in. .hii, i!.,ii ... i t is commission nas no w"w ui-vunu m cured tho options' on" wagon road lands borders of the United ror Krins, ply to San Francisco, Portland or Seat tle. This was construed py uu com mission to be a rebate on the tariff across the continent, and the Pacific Mall was accordingly indicted. Then the pew ruie was promulgates which would have created an upheaval in trafflo across the Pacific ocean and resulted in the taking away from tne big Japanese lings much trade that would go to the independent and tramp steamers. The tramp steamers imme diately took advantage of this rule to announce a reduction in ireigat rates to the orient on wheat an3 flour, and began a campaign to get the trans pacific business. Chance to Make Showing. It is understood that the postponement of the rule does not necessarily mean that the rule will be changed, but it was thought wise to give the Japanese a chance to make a showing before the This woman gays that aftr months of suffering Lydla E. Pinkham's Vegetable Compound made her as well as ever. Maude & Forgie, of Leesburg.Va, writes to Mrs. riruaiam: "1 want' other Buffering' women tc know what Lydia E. Pinkham's Vege table Compound has done for me. lot months I suffered from feminine ill? so that I thought I could not lire. 1 wrote von. and after taking- Lydia K Pinkham's Vegetable Compound, and using1 the treatment you prescribed felt like a ntw woman. I am now strong, and well as ever, and thank you lor the gooa you nave une ma. FACTS FOfl SICK WOMEN vtr thirty years Lydia E..Pink ham's Vegetable Compound, made from roots and herbs, has been the standard remedy for female ills, anothas positively cured thousands oi women who have been trouDiea witc displacements, inflammation, ulcera tion, fibroid tumors, irregularities periodic pains, backache, that bear-fntr-down feeling, flatulency, indiges tion, dizziness or nervous prostration, Why don't you try icr - Mrs. Plnkham invites all sick women to write her for advice. She has guided thousands to health. 'Address, Lynn, Mass. EPVVORTH LEAGUERS RALLY TOMORROW Portland District Will Hold Meeting for First Quarter ly Business Reports. states. A rail v of the Enworth LeaeuerS of Portland district will ha held tnmr-f row ilght at Sunnystde Methodist Epis copal church. This will be the first quarterly gathering of the Epworthians, and is expected to be a nkemorable event. The program has been arranged by Sunnysldo league chapter, but the nature of It is being HeiTt a strict se cret by those Jn authority, this being a provision ' of the, plan on which the quarterly parlies are to be conducted. Delegations I from each chapter in the district are Expected to be ln attend ance. Shoes' Given Away (Almost) B That's about the situation, produced by an order from' headquarters to close out, at ANY sacrificBjDur entire stock of Jenness Miller ladies' shoes. This means every lady's shoe in the house high and low, tan and black lace, button, blucher vici kid and patent leathers. It'll pay you to get fitted out now for months to come. , v All $4.00 and $5.00 Values, Till Sofd 4)ut, for MEN'S SHOES REDUCED $4.00 Values Now $3.50 $5.00 Values Now $4.25 iTrTese are the well-known, easy-fitting and fine-appearing Burt and Packard shoes in tan and black, plain and patent leather high and low. FOrt A FINE SUMMER SHOE AT A BARGAIN THIS OFFER CAN'T BE DUPLICATED IN PORTLAND TODAY. v "Korrect Shape" Shoe Store f Official Japanese Protest. (flitted Vrta La! Wire.) Tokto, July 2. The Japanese trans Pacific steamship companies that are affected hv the nw ruling of the HrldKes, in which i Ainej-lcan Interstate commerce commis- o be naid for in- Men. mar win resun n icm iwmi . Other Motions Denbtd. As soon as the court had made'lti ruling Mr. Mnhirkmy risked the court to issue an order directing the defense to stand either upon he alleged con tract testified to hy the sum of J-B whs formation, or oIsp the contract of a later i the Japanese date rnndu by 1. ribs with Booth alone. I rrom Ja The courts denied this motion as well, holding that while the Indictment spe cified the later contract, yet the evi dence of Hrldges showing the prior agreement should st.md as tending to show the close connection of the parties. Mr. Malarkey asked that tho court then instruct the Jury according to its ruling before the defense proceeded with Its case, but to this the government entered oblectlon. -contending that the time for the Instruction was afcr the close of the testimony and argument and during tho charge to the Jury. The court favored the government's conten tion and held accordingly. Visit Gold Beach. (SnedaKDisnatch te The Journal.) Gold Beach. Or.. July 2. Master Fish Warden McAllister and Superintendent U MaUey and Deputy ti. Kelly oi tne government fisheries, paid a visit to the hatchery and cannery here this week. A visit was also paid to the fish hatch ery on Indian creek, where bout one and a haJf million salmon fry are being fed. During their stay they were shown K. D. Hume's large-ranch. Kimonos os the Bon. B0 dozen figured lawn kimonos, dainty patterns. Tou can buy them for 16? a piece tomorrow from Jt a. m. to 9:30 p. m at Bannon & Co. s, 888-390 East Morrison street, near Grand ave. 1 . ,5 CHARLES W; DEMMLER, Manager 293 Morrison Street Just Off the Corner of Fifth; Opposite Corbett Building Women's Hosiery. At a little bit of a price. 60 dozen fast black double sole stockings, the 20c kind, for 10c a pair tomorrow, 8 a. m. to 9:30 p. m.. at Bannon & Co.'s, SS8-390 East Morrison Rtreet, near Grand ave. BAIL WAY COMPANY - BUYS RIVER FRONT? Has the Mount Hood Railway com pany purchased an east side waterfront terminal? Is the question that is agita ting property owners ln the vlclnltv of Stnrk and East Water streets as well as realty bmkers who see in the supposed transaction signs of n general upward movement in central east side property. It has come to light that A. F. Biles rd asofiates had several weks ago soli to an unknown purchaser the strip of waterfront begMrwifng In the center of East :ik street and extending south to within 50 feet of the north- line of East ' Washington street. The holding has a river frontage of 40 feet and an aver age depth of 310 foet ajid was sold for J1?L00. Mr. Biles, one of the former owrerw, said todr.v that the deed waa executed In blankj hut that ln his opinion the purchase was made for the Mount Hood Railway company. For-soni' time It has been understood fbat the Mont Hood llpe would t-1 nronch th" river wlong East Stark i stjrc-t. and as the property Just sold I lies on either side of that street. ther wici to be Mttle doubt that the term!-I nal is to be on that t He. The pric pall for the property is equlTSjent to about 1440 a front foot. th best flr ure o far obtained for a considerable ) area of east side waterfront property. j CITY PAYS-OUT v QUARTER MILLION Cit Treasurer' Werlein used up near ly half ton of gold yesterday to pay off the city employes and ths In terest on th various outstanding bonds. To be rxft the e-lty treasurer received lust ll'Vk pounds of the golden metai from the hanks. Taloed at IJiO.'OO. Of thlsamount SM.000 w paid tn salaries whlln'th halanea was- used In psylng th resrularly oartrly Interest on th following bonrisi Wtr, City iiall, fcdge and dtf JmprtiTement. lines on ' through freight : from Japan to the Atlantic eoast, are today much concerned over the rule ; which wis ordered Into erreot yesterday. ; At a meeting . of the directors of the i largest trans-Pacific steamship com panies of Japan, including the Toyo Klsen Kaisha, whose boats run from , Yokohama to San Francisco and the, N'lppon Yuisen Kaisha, whose boats run i from Yokohama to Seattle, it was de- ! elded to call a general conference at Yokohama in the near future to which i American railroad officials will be ln- j vlted.and which has for Its purpose the revising of the scheme, which, It Is I thought. Will put evral of the Japan j companies out of business. J Meanwhile, trie Japanese sieamsnip companies have asked that the new scheme be suspended In America. Advertising Class. A. S. Monroe, president of the Mon roe Advertising company, for many years connected with the largest adver tising school ln the world, will take a few students ln advertising for the summer months. fall or address at once suite 43 Hamilton bldg., Portland. TABOR ITES W ANT OFFICE RETAINED QAM BRINUS As the result of mass meeting of Mount Tnbor citizens last night under i the auspices of the Improvement asso I elation a petition will be presented for ; signature to every resident before bas ing sent to the poetoffice officials. This 'kit for the retention of the present I postoffies at Mount Tabor, declaring that its removal would result ln rreat inconvenience and financial Iocs to Mount Tabor. Xr. Ft. Nichols. Pr. R. N. TutUs. J. A: Bamford P P. Pabney, H. F Hodges and 8. L. N". nilmsn. a committee ap pointed to confer with Postmaster Mln- tn of Portland, reported that the local , official had- told them he n1 decided to cut out the Mount Tabor office, be cause th rnstoffloe appropriation had been cut down and It was necessary to retrench somewhere. Brubaker A Xormandln, owners t , tn nuuaing in wnirn me iuni i aoqr , office Is situated, have a plan to of- 1 fr which, it is believed, will enable; the pontmaster to retain the office there. , The Improvement association Indorsed , the work of the committee and voted i to continue It. ! TEA Is te? generally so bad? Is it rather uncertain gen erally, there is no difficulty in getting it good. , : Tour grocer returns ymt woney If rti 3on t-i;k frehtlllng's Best; v gy Urn. The Favorite for Over 31 Years - Every' year that Gambrinus is vbreved it becomes more" popular with discriminating beer drinkers. No one who uses GAMBRINUS for a week or more ever goes back to'ftny other brew. EACH YEAR'S OUTPUT OF GAMBRINUS is larger than the brew of the previous year. BEER IS A TEMPERANT DRINK. Less than 3 per cent of alcohol in GAMBRINUS. Help YOUR digestion, insure peaceful sleep and better health by drinking PURE beer in your HOME. - Don't put it off. Order NOW. Call us up we do the rest. '. TWO DOZEN PINT BOTTLES, $2.00 25c the dozen rebate when the bottles are returned. ONE DOZEN QUARTS, $1.75 40c the dozen rebate when the bottles are reurned.r PHONE MAIN 49 OR, A 1149' J w -.ftp is sm'fi'rfP'JMJtirAWxryn - - ' . ' .a n?":a "J V"