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'
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