THE DAILY JOURNAL 10 GOLD ON THE OF PORJLAND; AT TWO CENT5 A CO
: Heal Estate For Sale? .
I5u.sine.ss For Hale?
More Help Wanted?
Advritiao In The Journal. ,
JOURNAL CIRCULATION
, ITESTKRDAr XV AM
29,470
, The' Weather Occasion! light
rain tonight and Tuesday. ,
VOL. VII. NO. 189.
PORTLAND, OREGON,, MONDAY EVENING, OCTOBER! 12. 1908 FOURTEEN : PAGES."
PRICE' TWO CENTS. KEfM!9 R
P
MS
6
POLICE PRESENT
-CLlIIUIlDi
. ? 1 -". v ' ' - e ' I. " " ' ,
Mrs. -Wolff Identifies Property of Dead
Husband by Thread With Which She
i . m ''" " " a ' i ,.: " rr ' ;. T-a i ' "f ' ' lV '-.1' ' J-
inenaea iear rrosecunon negarus
Evidence Convincing.
CASE UH IS If M
- nnraiT nunn
MXH
N
That a pair of Dent glove" con
talned In a suitcase left behind by
Edward H. Martin at the' Belvedere
hotel were the property of Nathan
Wolff will be shown by the state this
afternoon. This testimony, the
trump card of the state, is. relleiTooy
taken In connection with the other4
damaging evidence, to send Martin
to the gallows.
That the gloves will be Identified
by Mrs. Wolff, widow of the mur
dered man, beyond the shadow of
reasonable doubt. Is the claim of the
prosecution. ' She will be able to do
this because ahe mended her hus
band ji gloves witn biik inreaa
whefte fthey had ripped, Tha; re
mainder of the spool f thread la In
possession of the state and It will, be
shown thai the thread used In, mend
ing the gloves is of the same hind
and color. ' ,
Thla testimony,.' apparently the
strongest link in thoVhaln tha state Is
forging around Martin's "neck, was only
partially developed,-JiW&ujnM"nln' .and
the significance of It, waa not brought
out, as Mrs. wolft had not yet been
called to the stand.- But the suitcase
and gloves 'left at' tha Belvedere were
positively Idehtljred", and It was shown
that Martin admitted to' ther detectives
that ha left the suitcase there. Detec
tive Tlchenor 'skid that" Martin named
over to' him nearly ell the articles'-the
suitcase contained,. but omitted lo men
tion tha gloves. - n
Clerk Webb on Stand.
W. W. Webb, clerk at the Belvedere.
Identified Martin as the man who reg
istered on the afternoon of May 4, sign
ing the name 'of . J. H. Barrett. The
l s witness said Martin was carrying a
'miniature suitcase. The next day the
room was remea iu unuuier mitu, miu
this man reported to Webb that some
one naa lert some Daggage in me room.
Webb went o the room and , took
charge of the suitcase, the one Martin
carried when he came to register. The
witness kept v tho-case In the office,
thinking the owner would return for it,
until he read in the newspaper that
Martin had told the of f ioora-tbafc-' he
had registered at the Belvedere' under
the name of Barrett. Then the witness
and ; John Cordano, the house detective,
open the suitcase, findings in It the
gloves, shaving oufit, handkerchief,
tooth paste and toothbrush. These ar
ticles were all turned over to the po
lice. Detective Present.
John Cordano, the hotel detective' who
was present with Webb when the eult-
a
found
;
with -the
by detect
the blood r overcoat
stolen run. were "planted
ttves, who are bent on making Martin
a victim of circumstance. .
Other important parts of the state's
testimony were brougnt out tnis morn
ing. - A man who clerked for Nathan
Wolff testified that the cravanette
worn by Martin at tha time of his ar
rest looks "very similar" to one be saw
Wolff wear. E. C. Eubanks testified
that this coat, or one Identically liki
it. be sold to won in reDruary. y
tha same witness ft was shown that
this coat is one. of about five of the
l 1 I Tn 1 A . tka
hiuv mv wiu .11 viuaiiu. III.
sale tags have been removed, and that
threads left where the tags were torn
off show , that the tags were torn
of the same slse as those attached to
unsold coats of that pattern.
Slse of Collar.
By the detectives it was proved that
a collar round at the Martin- nome cor
responds in make and sixe to the blood
stained collar - found in the pawnsnop
of Wolff. DctecMve Tlchenor testified
that Martin, after his' arrest, stated
that he bought three shirts from. Max
Drey, one of which he was wearing, and
that the other two would be found in a
dresser drawer at home, , but -diligent
search failed to reveal any shirts there.
Bv the same witness it was stated that
Martin declared. a cat had scratched his
face' and' hands, had bit his thumb, and
that an ' ax flew . off the handle while
was splitting woup ana cut. a uej
A
Independence League Candi
date, -However, Has Hi
:0wn Little Story of Oil
- Ailisii uujiJiuj iu judaic--
Meeting Tonight.
JUDGE GANTENBEIN DECLARES
SUNDAY LAW UNCONSTITUTIONAL
cane was first opened, will not be
witness. He is somewhere in Califor
nia, and the state has been unable to
secure nia attendance. From the trend
of questions asked by the defense on
cross-examination. It appears tbat the
defense will try to throw doubt on the
gloves having been originally left in
the suitcase by Martin, and will pre
sent the thepry that they, as well as
TAFT GETTING
BUSY IIIDEEI
Eighteen Days Over Ohio,
Farther East and
' J)qwn South.
fCalrva Ptmh Leased Wli.,1
. Morrow, Ohio. Oct. 1J. Taft today
began bis moat -strenuous tour of the
. campaign when he addressed the fann
ers here In the opening speech of a trip
that will take him three days through
tha rural districts of Ohio, three days
,tn the south, next : Sunday , in New Jer
sey and Maryland, another day la Ohio.
three daya in Indiana, a week In New
Tork and closing speech at Tounga
town, Ohio, the night before the elec
tion. . I ' -
The Taft special left Cincinnati at
o'clock today" with Senator William
A Idea 8mlth of Michigan k. assistant
spellbinder to the Republican candidate.
The first atop waa mad here, where
afeveraJ hundred farmers gave-tho ft
publican nominee an enthustastla wel
come. Taft was In mod velce.
The special tra-lo- Is schedule to
make II steps today and end at A k mn,
where Tart is 10 o fne pnncipar speea
er at a d -monrt r tlon toolsHt.
At blna. Taft was greeted by a
. large federation of eehoot ehtldren. ad
In his addreae to them an sprca-
to- Indicating that he favored weanaa
suffrage- He said:
Tou mar rot vwte this tk-kef this
time, bjt the tlrr will cane when you
lil. and when that tin) eofaes 1 bop
tt, girl wlil irK, to." - t
denatnr PmltS foJlowed Taft. end In
Ms remarks referred lo th artUitr of
u4a' II eara f ag la the CltU
War. -
gash in his forehead, Martinals.S dei
nied -sorrowing the revolver, or jure.
Qrub, ld the witness. 1 - ( " i
Th defense ma.de an attack on TicM-
enor's renutatlon. securinr an- admis
sion that -be' has been tn: the -reform
school. Tiohenor said tbat his mother
hadseven children.'' was' unable' to sup
port them, and he-was committed to the
reform school wnen about .9 years oia
because she waa not able to care for
mm. tie denied tnat ne naa oeen com
mitted for the larcenyof a horse." He
reasserted that he was -sent to the re
formatory institution because his moth
er was-overburdened, and said ho "was
proud of it." ; 4 ' - ,
Th ICorphlae Story,
Another onslaught was made on Tlch
enor when he was asked If, he had not
held morphine In front of the defend
ant whife the latter was confined In the
city Jair And promised to give him ell
he wanted If he would confess, know
Ins; that Martin was suffering torture
because he had been denied the use of
the drug. 1 Tlchenor denied that he had
done-this." - .- . A
Many scores of people were turned
away from the courtroom this morning
long before the hour for opening. . At i
o'clock, one 'hour and a half before the
timo. the Beating- capacity of the room
was taken, and a - surging crowd that
Deseigea me doors arter that hour kept
toe wainii Dusy.. ,
' ' Bchlott CaUad.
John M. Schlott. the first witness of
the morning, was a failure: He acted
like a person stunned and his memory
failed him when District Attorney Cam
eron tried to draw from him the testi
mony he wanted. Schlott was on of
tne men wno, witn Fraser and Lynch,
found the bloody overcoat in South
Portland. Lately he has been staying
i
SaanaannassBwnw . ,(
II U l t
Cha nce's , 3f en Lose Out in
Stiff Game With "Dets"
Fast Flaying Takes Away
rart of Leader s Gams
Made Earlier. "
off the nun
IllfO THE DITCH
Body of Unknown Boy
Found Under Trestle
Near Oakland.
FINAL SCORE:
(Special DUpateb to Tbt Journal.)
Oakland, Cal., Oct. 12. The body of a
boy apparently about IS years oil was
found on the Southern Pacific half a
mile north of Irero yesterday . morning,
under a trestle IS feet from the track
level. Identity has not been established
A description follows: Byes efray. hair
nark Drown, medium build, upper teeth
protruding with space between on left
side of mouth; clothing, corduroy trou
sers, black shoes, marked Olda & King.
blue sweater, array check coat, blue
dotted socks. The unknown lad bad evi
dently been beating his way, as his
nanus ano iace were niacx wltn soot,
Turn hMlr, wama f.i.nJ ln kl. 1, -
travelerseuldes. one containing a small
red doorajieck of the Bunealow theatre
ana a card reading "uood ror a Iree ride
to the - Grand Central Hotel." There
were no other marks for identification.
The coroner, from Roseburg, will hold
an Inquest at 10 o clock todav. Two
(United Press 'Leased Wire.) boys who came her on the train yes-
Chicago, Oct. 12. With the Detroit lflaaJ morninsr aay mis victim or ac-
Tigers safely disposed of In two games trainmeri drove them off at Albanv and
t tka ust1s4aa nKamnlnnnhlr, a.nfA. ib. ihat ihair nil InnU wa
v a nv nvuu a -n a.xi iMtiiaui; IV a f uici iimi nit ait . uui fctii IICAV ilKiJi,
admirers of the Chicago Cubs todav lne. supposition is tnat tne ooy reii
Chicago
Detroit .
3
af
. 8
off the top -of a coach while beating
uis way.
V "
. ..' 2.
' Judge Gantenbeln.
QUI
BRYAN SPEAKS
TO COLLEGE BOYS
(Continued on Page Four.)
Independence League Candidate for
'"' President. ' "
WllAara Randolph:. Hearst' did not
come. -After nay tng Irands - J. Heney
and the? Standard Oil -senators in San
Francisco Saturday : night the founder
of the Independence party hastened to
depart for'NewYork, .where the condi
tion of things politically call him.
Thomas L. Hisgen, presidential candi
date of the Independence party, reached
Portland on schedule, time, however,
and tonight' will be tha principal speak
er at tha rally planned for tonight at
tho Armory. - Clement L. Pollock, an
orator of Massachusetts: is also' of the
Hisgea party and will make one of the!
addresses at the Armory tonight. C A.
Foster of Portland -will serve is the
were willing to wager goodly sums that'
Chance's men would again sweep the
series from their opponents). Detroit,
however, says, "Just wait."
Confidence reigned in the camp of
tne local Dan tosners while, the cagos
of the Tigers were -surohareed with
gloom.. Chicago fans, confident of th
aDinty oi tneir team, -would not con
cede Detroit a single victory. They
pointed to -the fact - that 'Donovan, the
terror . of the . American league bats
man, has-been effectually subdued and
tnat the rest or Jennings' pitching
tlcularly pleased to have Overf Cd Addresses Students ofiUni-
pis game as tne Dig teiiow was re
garded uncertain because of his erratic
work during the last - season.
' Jennings promised a better showing
rrom nis men toaay. i ne Tigers rig
ured that they could take the next two
- Tho lineup for the Detroit team was
Mclntyre, left field; O Leary, shortstop;
Crawford, center field: Cobb, rlaht
field', Rossman. first base; Schaefer, erql hundred
second base; Thomas, catcher; Couarh- nr ty
pn. iiiira uast!( inuiiiii, puciiui.
The Chicago team was made up as
follows: Sheckard, left field; Kvers.
Chance, first base; Steinfeldt, thiri
base; Hofman center field; Tinker,
shortstop; Kilng, catcher; Pfelster,
pitcher.
UmDlres O'Day and Sheridan.
The batteries were: Chicago, Pfelster
and Klingr IJetrolt, Mullln and Schmidt.
versity of Nebraska and
Is Repeatedly Cheered.
United Press Leased Wlre'.l
Lincoln, Neb., - Oct. 12. Before sev-
students on the campus
University of Nebraska today,
William J. Bryan appealed to- the first
voters of the country, declaring that
the Democratic party ia the party of
the people. He was loudly cheered by
the students, and waa given a rousing
three times three when he aToncluded.
Bryan will leave here tomorrow on
a tour or jseDrasKa and the eastern
ulnne nf the Rnclcv mmintalnM 14
The weather for' the third game was spent today Inspecting the list , of con-,
balmv. The sun shone warm and clear, I tributions to the campaign fund, which
but the crowd was not up to expecta- was submitted to htm by the national
tlons. It was estimated that when committee for his approval.
A 010
Kii Lno Hono
UNION SUPPORT
Republican Party Nominat
ed Champion of . Inj unc
tion Says Leader.
tUnlted Led Wire.)-
Washington, Oct , 12. Ag appeal to
the -laboring men of the country to vote
for W. J. Bryan for president was is
sued "today by Samuel-' Gompers, presi
dent of the American Federation of La
bor, In which he) cays the "despotic
power, of . the Republican . party will
undermine the government and that it
is as dangerous aa power . undet a
crown. ' 1 '-" ' 1 . -'
"To stay its progress .we appealed to
the Republican party," says Oompers.
"and they nominated Judge-Taft, the
original champion of the Injunction. ''
"The Democratic party stands for and
by the law. e
Gampers closes tho appeal by assert
ing that duty require the laboring ele
ment or tne country to support tne
Democrats In the national election.
Legislative Powers Can
FrameLaws to Prevent
Sabbath Profanation,
but Cannot Discrim
inate as to Persons.
(Continued on Page Two.)
(Continued on-Page Eleven.)
FIVE MEH LEFT FOR TRIAL
Twenty-One Indicted in Los, Angeles Land Fraud Case
but Only Five Appear in Portland Federal Court
Three Ask for Jfercy of the Court.
lllllOil AVENUE
T-
' . v .
Xow lm AaceUa Case taada. 4
Lee R. Myers. A. H. Hedderly,
Richard Hynes. - William H.
a Smith interpose demurrers to tho
indictment' which counsel ara
. now argulng ay . v -
Jeremiah Huntley pleada not
a guilty . and announced that ha 4
will conduct his owa case. e
a Frank A- Stewart. William T. - e
Karr. John R. Miller and Ames
a ,i. Johnston plead guilty to tech-
nlcal violation of tha law. .
Severance askod for In tho
cases of -M. M. Blley. T. W. Don-
' nla and unknowo defendanta and
e caaea continued. : '. .
la the United States court this, mom
lag. be fere Judge Wolvertoa. tbo con
spiracy case of tbo United ' States
aarainst various snn connected with.
owning tha Pacific Faraltaro A
Imbn company was taken no for
rial. Tbo tneictartrat charred that the
feodants had eonsrrlrd .to aWfrau-I
h goverasaeat eat of feu bite laa4 by
corlws. r attempt in a? -to - atctK
lrr bodies of valuable Umber laud
ia the viclDlty of Cooa bay.
Tire Oat off' Twenty -On. .
This Is tbo eae which . tina 'tikoa
an nnch Of te timo ef Judge TVarker
win was eotnpelJed to fisht fw the
traticfr et Le AKtjs jfr.-
ta to tka hrlaWilM mt tha in
J oonrt. suaoo ta retvra of Xtf ladJe ,
ment one of fhe defendants has died,
some havo never been apprehended, and
some are unknown by name so that
with tho elimination of those who this
morning pleaded guilty only five men
out of the total of Jl will come to trial.
When tho case waa called this morn
ing, the counsel for Myers. Hedderly.
Hynes and Smith announced that he
desired to present' a demurrer to the
indictment before his clients were asked
to plead. - .
Pending the argument of the demur
rer the court took tip the pleas of the
other defendants. Jeremiah Huntley
appeared before tho - cout, entered a
piea or not guilty and stated that tie
would conduct his own case without
counsel. - He asked that be be fur
nished With cost, of the Inrilctment.
as he had never been nerved with one.
frank A. Stewart, another of tho de-
renaanrn, appeared before the court and
pleaded guilty. In doing ao he stated
that ha bad not been conscious of
wrongdoing, bot was not able to make
a defenso. He had been caught in bad
company, he said, having beeo associ
ated with the 'operations of the Pa-
ctric Furniture Lumber company.
Ho was. like old dog Tray, forced there
fore to abldo by tho ronaeoueneea. and
therefore threw himself upon U mercy
of -the court by' pleading guilty. .
Two mead Oasfty. r
William. T.' Kerr and John R. Miller.
tho Other two of th - defendanta. were
Ino In court, and through .their attor
ney. George C BrownelL entered rle
of guilty. Their attorney stated that
the an nao not been mgnlsant !
arroasdoiag at- the time thev nr. as
sociated with the work of tho Paelfk
FnrnJtBro company, but that since that
Uroo they had concluded that they were
-ally an Ut
law. and wonM
techntra
tho
allty ef the violation of
therefore , throw
(Coatlaaed oa rage Gerea.)
BRIDGE OPEN SOON
Fine Steel Structure Over
Sullivan's Gulch Is Fast
Rearing Completion.
The new , steel and concrete bridge
over Sullivan gulch at Union avenue Is
about completed so far as tho structural
work is concerned and will be turned
over to the city in the next few daya. All
that remains to be done la tho laying of
the concrete flooring and connecting up
the tracks of the street railway com-
tLs bridge waa built by the North
west Brldcre company as was the one at
Grand over. the gulch, and Is one of the
most substantial structures of Its kind
In the city. The completion of this
bridge gives the residents north of the
gulch three new viaducts over- whtch to
reach the business part of the city. For
several mouths, or since constructioflof
the Union avenue bridge was cWra
menced. it baa been neceaary to swing
11 the Union avenue cars one block oast
and bring them In over the Grand ave
nue brldce. The completion of tho bridere
at Union avenue will relieve the Grand
avenue structure of tha greater part of
mis trarric.
The , rumor, current last Week, that
tho Union avenue bridge Is out of align
ment waa found to bo without founda
tion. ,
Americans at Paris Wedding.
(Soeeial Diana trb to The Journal.
Paris. Oct. 1!. Many prominent mem
bers of the American colony attended
the wedding today of Miss Amycle de la
Grange, daughter of Baron and Baron
ess de la Grange and granddaughter of
former Governor John Lee Carroll of
Maryland, to Count de la Boelssero
Theuns, a Belgian nobleman. The mar
riage ceremony was followed by a bril
liant reception at the beautiful chateau
of the Baron and Baroness de la
Grange in the Rue de la Copernie.
Miners to Discuss Terms.
(Special Dispatch to Tbt Journal. I,
Scrnnton, Pa., Oct. 2. Delegates rep
resenting the three anthracite districts
of the United Mine Workers met In con
vention here today to discuss the terms
of a new wage agreement tobeeomo ef
fective upon the expiration or the pres
ent three-year agreement next April.
A general eight-hour day and a uniform
rate of wages and the "check off sys
tern will probably be included In the
demands of the miners..
G. O. P. Eyes on Virginia.
(Special Dispatch to The Jouraal.)
Richmond. Va, Oct. ii. At Roanoke
tonight, with ex-Secretary Leslie M.
Shaw as the. speaker, a vigorous Re-
fiubl'cau campaign will be inaugurated
n this state and will continue until
election dty. Mr. Shaw is booked for
three speeches and will be followed by
ex-Senator Thurston of Nebraska and
several other noted campaign speakers.
WEDS SALMUY LASS
Bain Gordon, Son of Well Known Portland Commission
Merchant, Becomes Husband of Major Faulk
ner's Daughter but Deserts Her.
BR VAX CONTRIBUTORS
PUBLIC THURSDAY
(CalteJ Prwls Uaaed Wtro.t
Chicago. Oct. 12. The - Democratic
national committee announced today
that, up to date, ., Individuals havo
contributed to the campaign f and. The
list is being corn pi led today aaa wUi
le maoe puofio l nursoay
It la announced that by ran will speak
. October 1- ' . .
at Denver,
WYOMING FOR TAFT. ,
WA R REX DECLa R ES
' (Taltcd Press Leased WH t
Chicago. Oct. 11 That Wyoming
will gf for Taft by a Urr vols l
the statement of Senator Warren t
that ntato. who waa a visitor et Re
publican head quarters todsv. He OV.
rlarod hie state wnld ae Tsft s
large a anajanly as it gave Koweevall.
That W. Bain Gordon, son' of W. A
Gordon, commission merchants In the
Board of Trade building, was married
to Miss Maude E. Faulkner, aged 17.
daughter of Major Joseph L. Faulkner,
divisional officer of the Salvation Army,
In Vancouver last Tuesday afternoon. Is
the piece of news which surprised the
younger set today.
Both bride and groom are under age,
but the consent of the young lady's
father having been obtained, there was
a hurried trip to the Gretna Green
across the Columbia.
i. H. 8. Temnieton or ie rrosoy
s church of Vancouver performed
peremooy.
len the friends of Bain Gordon be
to look for him this morning to ei
l their congratulations they found
fo"
no trace of him In the city. Mrs." Gor
don is at the home of her parents.
it is understood that the young man a
arents at first interposed objection
the marriaae. as he is ocarceiv 20
years old. but that ho was determined
nothing should. stand in his way. and
at the Vancouver courthouse declared
ntmneir to bo zi year of age.
When he returned to Portland Tut
day evening after tho marriage had
been performed he waa prevailed upon
by his parents to leave his bride of
few hours. Major- Faulkner, however.
Intimated this momma -that he knew
his son-in-law's whereabout, and that
the young pair would soon be settled In
a nome or tneir own. v
Rain Gordon attended the Portland
high school and later tho Portland acad
emy. His ratber la president of W A.
Gordon Co. -
RESULTS
Mi Cora Teller, corner of East Barnside street and Wrtt ave-
,'nue, lost a valuable gold watch last Friday and recovered it through
I the famous "Lost and Found columns of Toe Jo u mil on Saturday.
The ticker n returned to The Journal office promptly, and the
anxious owner wn made nappy.
( The lournal. being the peoples favorite newspaper, reaches more
Portland home, consequently is read by more people locally than at
. any other Portland paper. The snperior results that all Journal ad-
i . vertisert get prove that this paper is nnexcelled it an advertising- X
. medium. To be out of The Journal is to be out of the mind of thon-
sands of pople who would spend thousands of. dollars in yotir"
J stores. It does not pay to be owt ef The Journal for a single day. X
That the Sunday closing law at
provided by the state legislature 1$
unconstitutional was the decision of
Presiding Judge (Jantenbeln in the
circuit court this morning. The de
cision of Judge Gantenbeln was
handed down in deciding a demurrer
which had been filed by the state
through the district attorney's -office
in answer to the , Injunction
granted by the presiding Judge re
straining the police department and
all other city officials from making
any arrests for violation of the Sun- .
day closing law. " ,
The injunction was granted late in
the afternoon , of 'Saturday. October S,'-
and the officials were notified to make
no arrests on the following Sunday,
pending the result .. of the "decision on
the injunction. - A demurrer to the In- .
junction was filed by the district at
torey and the date for hearing waa set
for this morning.: - Judge gantenbeln
held that the Sunday closing law was'
unconstitutional - because' tne' legislature -has
no right under 'the snpremu law of ,
the hind to discriminate between occu
pations and based that decision on tho
constitutional law which allows free
dom in religion., 'Fertowftig Is thja de- '
cislon in full:
' -i Text 'of Decision, ; e .
"J'pon application of the- plaintiffs, a
temporary injunction . was granted' by
this court, enjoining the' defendants f
(District Attorey Cameron. Sheriff Stev
ens and the' police) from molesting tho
plaintiffs or anv of them in the conduct
of their businesses and from complain
ing aaalnst. indicting, arresting, incar
cerating or taking ball from the plain
tiffs or any others similarly situated.
by any manner or proceeding whatever, .
for allea-ed violations of the so-called
Sunday cloBlnir law. until the further
order of this court. : The plaintiffs in
their complaint also pray that upon a ;
hearing a perpetual injunction be grant
ed to them against the defendants. .
"A demurrer has been interposed to- :
this complaint, challenging the authority
of a court of equity to issue an injunc- .
tion In cases of this character. . , -, ,
"Ordinarily a criminal prosecution,
cannot be enjoined by a suit In equity.
There is, however, a well recognised ex
ception to this rule laid down in San
dys vs. Williams, 46 Oregon. 327, In
which the court says : , . m ;.r , .
Equity Has Jurisdiction. '
'"Where criminal prosecutions under
color of a void law are threatened, which
act, if enforced, would deprive a party ' '
of a property right, a preliminary in-
junction may properly-be issued to pre '
vent the menaced injury. Equity has
jurisdiction to interpose an injunction
where pudiic orncers, under a claim or
right, are proceeding illegally to Injur
the property of individuals or corpora-,
tlons." - .- - "':
t is contended bv counsel foe tho
plaintiffs that the defendants are pro-,
ceedina- illeaally. the act fvhich they aro
attempting to enforce being void. Tha
act reaos: . - .
" 'Section 1SS8. If any ; person snail
keep open any store, shop, grocery, ball
allev. billiard -room or tlrjollna- house.
on the first day of the week, commonly
called Sunday, or the Lord's day. such
(Continued o"- Pago Eleven. I
THAW GOES BACK
to msm
ssansaw-aanaaanaawMnwawaaaAnn -' .
Inquest Proceedings Dis
missed Argument on Re
moval to Pittsburg, '.'i '
(Cnltad Press Leased Wire.)
White Plalna. N.tT, Oct. 12. Harry
Kendall Thaw, alayer of Stanford
White, waa. remanded to the asylum for
tbo criminal Insane at ' Mattea wan to
day, tbo proceedings foe aa Inquest as
to Ma mental state being dismissed.
The order - for tho recommittal or
Thaw to the Matte wan asylum
made to havo Thaw removej tir a pri
vate asylum, and bafora whotr It w
contended by Thaw a counsel ttel ho is
not now Insane.
The return to Matteawan hi a set era
blow to tho Plttsburger. hi repeat"'!-
Iv has aatd ho preferred to ho in the
Tombs prison In New- Tork to ronflrt'
ment at Matteawan. He ehaneed t.o
attendants at Matteawan wit mlnrtst.
Ina him and alleged iiiat a was au.
jocted to unoeual rsir'i loas.
Aa noon as the orr runamfrg
Thainf was made, ereurneot wsa t-vi
h question of pcr-wir." Tnw Ii
th federal court at riliiMur(. In e-
nee tion with Ms bass-uptcr proee-l-Inarm.
la aorertnncw nlth ' nrif f
Jwire Arreboid ef Pnnrini.
Tnav'l oovnael Want htm tan t
pttsrr.
Thews mother, l s'stcr. V'l linn
Carnegie ao4 Ms htr,rr Ju-'S 1 i- .
wwm preaent Wuen Junlfm i-..s
the dertKa.
The Thaw far"y 4 h-i l'e
that the pror-: ir.f a .-1-r '
an twtpor'sn' nten I !
Httr. a-4 r'i t a
at fornee. yrtr,' .. r - ' -
aaoa aa wi t ai.- . i . . -