THE - OREGON DAILY JOURNAU PQRTtlANP. WEDNESDAY EVENINO. OCTOBER 21.
100S.
BOISE CASE
CAfJHOT BE
PROBED
Judfife flantcnlx'in Instructs
Grand ; Jury That Hatter
Is Cioscd'in iev of lie
f fusal to Indict at Last
;, Term of Court; 1 :
That the district attorney" offle Iim
made an effort to have the preent
.. grand Jury tak up th embcMlement
charge against Whitney h. Ilolse,
which the lad grand , Jury decided
should not be prosecuted, wan Indicated
tbla morning when the fraud jurors
went before Presiding Judge'Clantenbeln
to ask for Instructions. The question
asked clearly Indicated that the grand
juror a Had the Boise case In mind.
The anawera returned by-Judge Gan
trnbeln also made it clear that, the In
qulsltora have no Jurisdiction to take up
tho Bold case and must resard it as
cloned Incident, unlet the matter should
be presented to the presiding Judgo In
such formr a to convince him that It la
Ms duty to order toe matter resubmit
ted to mem
The September grand Jury returned
not a true bill as to Ave count of the
indictment In which Boise was accused
of mlsapproprlatng the funds of the
Hawthorn estate, his chief- accuser be
lng ' his sister-in-law. Airs. Catherine
Collins. This, It was supposed, ended
the matter, but the action of the grand
jury mis- morning snows Unit the Ul
trlot attorney had hoped to have Boise
indicted on an additional count. Deputy
District Attorney Mosessohn, who has
been in attendance unou the grand Jury
declined to discuss tho matter, merely
remarking that the reporters could
draw their own conclusions.
" Ask Oonrt Three Questions.
These are the questions astaed of
Judge Gantenbein:
l can the present grand Jury re
ceive testimony upon an additional
count in a criminal charge upon five
counts of which the previous grand Jury
round not a true bin, the
HEREAS YOUR PROBLEM
same and
similar evidence being used?
i If bo, can the grand Jury do bo
without order of the court?
"3 Does section 1299 of the code re
fer to a sitting grand Jury or the grand
Jury that . found the not true bill?"
The first and second questions the
court answered in tie negative. The
section of tne code referred to by the
third question reads as follows:
"When an indictment. Indorsed 'not a
Hrue bill' lias been presented In court
and filed, the effect thereof Is to dis
miss the charge; and the same cannot
be again submitted to or inquired of by
the grand Jury, unless the court so
orders."
Shuts Off Investigation.
Concerning the third question. Judge
Gantenbein told the grand Jurors that
the code refers to grand Juries in a gen-
eral
sense, and to subsequent grand
Juries, as welj aa to the one that re
turned' the "not true bills.?,' This inter
ruption effectively shuts out a further
j Alligation by the grand Jury, unless
taken up.
This is not considered likely, as the
courts will no doubt discourage the
iHklnir uo of the same mutter by suc
cessive grand JurleB when not true bills
irre returned, unless it can oe Known
t hat that there is new evidence or that
the exculpating grand Jury has for some
reason tailed to perrorm us amy proi
. riv. Thi re lias been no suggestion Ir
tho Boise case that the last grand jury
acted in any improper way in refusing
to Indict.
Eye glasses, Jl at Metzger's.
. : feRa ' , E
JIDDUCIED GIRL
fililKES ESCAPE
i mm
Hazel, Ifaino Tells Chicago
, Tolico Weird Story.of
Misadventure. '
(Tnlted Pre U4 Wba.
Chicago,. Oct. Xl. Attired a a, man,
Hssl Main, 17 year old, -wa found
wandering In the street today. 8h
claim her home. I In Milwaukee and
tell a remarkable story.
She say she wu sitting in her room
at her nomein Milwaukee last Monday
when a man entered and chloroformed
her. She remember nothing more until
yesterday morning, when she awakened
In a dark room win no winnow and
only on door. Her clothe Were gun.
A nag emerea, ene ay, onnging ner
llaht fobd, . and departed, locking the
door behind her. The girl attempted to
break down the door, out the woman
blocked her attempt to escape.
The gin says sne nnaiiy round a
man suit or domes ana maao her es
cape.. She does not remember where
the. house Is situated. The police are
I Investigating:! the, Strange case. "
TT
RAILROAD ASKS
FOR
R UCTIOI
Astoria& Columbia Uiver
s Eolling Stock Is
Over-Assessed.
Is It to Be a Government of Men or of Snakes?
LUX OBJECTS TO
RETURflTOASYLl
EVEX THE OFFICE BOY
WAS AN "INVESTOIT
Ignited Prna Leased Wlre.l
New York, Oct. 21. The methods
used for deluding the Investing public
into the belief that large blocks of Ice
stock had been sold to Investors were
shown today on the witness stand In the
trial of Charles W. Morse, the Ice king,
and Alfred H. Curtis, la, the United
States circuit court. ,
Testimony was adduced alleging that
girls, boxfi and men, non of them re
i eiving 25 a week, ' were used as
pawns" to delude the public.
It is contended by the government
that theso pools were conducted en-r
tirely with the money of the depositors
of the National Bank of North Amer
ica. The money was. used, the prosecu
tion alleges, without the knowledge Of
the depositors, through "dummies and
spurious loans. V . -
An effort to prevent Louis A. Lux
from being returned to the asylum for
thnJnsane at Nana, Cal., was set under
njf this morning by John F. Logan
John H. Stevenson, whom he h
retained. Presiding Judge uantenDein,
in tha circuit court, issued an order cu.
Insr Chief Grltmacher to appear this
afternoon with the prisoner to show
cause why Lux should not be released
on a writ of habeas cornus.
Lux was found by . tne ponce a rew
davs asro on word from California.
Previously a dead body found on the
hills west of the city had been Identi
fied as his remains. He was very
much alive, however, and his mind ap
peared to be clear, but the Napa au
thorities Fent an aitenaunt. nameu jonn
McLaughlin to take him back to Cali
fornia, He is said to have escaped from
the asylum last July.
.:me application ror a wru or naneas
corpus declares that Lux is not charged
with any crime in California, and that
the governor of that state has no right
to issue an extradition for him. It is
also asserted that the man is Bane and
has recovered from his vagaries. He
la said to have feeen affltated with the
idea that he Is some sort of a Mes
slah.'
Judge Gantenbein announced that he
win hear the application ror tne man s
release this arternoon.
AT BOISE:
TWOJEJ DEAD
Daniel Xawler and Martin
Black Vict ims of 'Bail-
way Collision. .
Boise. Idaho. Oct. 21. Daniel Lawler
and Martin Black died-today from in
juries received late yesterday In a wreck
In the Oregon-Short Line yards here.
The collision occurred between the en-
f lne of the regular passenger train and
he rear of a special returning' from
the fair grounds." Lawler was in the
engine and Black on the special train.
Two others were Injured. I
Oil TRIAL FOR
STEALING CHECK
Before the trial of Dan Norden is
over In the Justice court today, the
strange story of a check for $4.13 on
the . Merchants National bank may be
brought to its termination. The strang
est part of the tale is that after the
check had ben stolen from Its owner,
the saloonkeeper to whom It was pre
sented cashed It under the impression
that it called for $41.13. Norden, a
young man. was arrested bv tho con
stables several days ago charged With
having stolen the check. i
rne cneca was orlalnailv srlven w
iewion uourtier to J. w. Kvans. an.
went Into the hands of a man namttfl
Larson. Larson brought It to Portland,
and while seeing the town it was stolen
from him. w. unompson. a TBUIoort
keeper at 49 First street, thought -It
was good for 141.13 when it was pre
sented.
Norden Is believed to be the man who
stole the check from Larson and then
allowed Thompson to cheat himself ou
of $37. -
Only a few complaints as to .assess
ments were made to the county-'board
of equalization this morning. The lat
est big corporation to be heard from Is
the Astoria & Columbia River, railroaS.
which asks that a readjustment of the
assessment of its rolling stock be
made and that the taxes apportioned
between Clatsop, Columbia and Mull
nomah counties.
Onlv a small portion of the mileage
of the Astoria road is in this county,
but Superintendent John McGuIre, who
makes the complaint, does not say what
he thinks the figurss should be. As
sessor Slgler has put tne company s
rollinar stock on the books for $24,720
value for the three counties Is not to
exceed $161,772. and that the method
now pursued result Jn double taxation.
Flockensteln. Meyef 4 Co. have asked
for a reduction or ngures on money.
notes and accounts from $la,000 to
$5,000. Tho United Cigar Stores com
pany claims a reduction from $15,000
to $8,500. The Parsons' Band Cutter &
Self Feeder company wants a cut from
$10,000 to $4,950. The Syracuse Chilled
Plow company wants a reduction on
merchandise from $10,000 to $4,000
Frank L.' Ball says that the Improve
ments on a portion or a block in King s
second addition should be $11,700 In
stead of $18,000.
J. M. Toomey calls attention to the
fact that the Barr hotel was burned
last July, and wtnts to be relieved from
era against L Q. Bwetland and other.
In which a motlun lias Im-ii made to il
ruci the clerk to change th date of the
filing of a ooinplaliii that wa offrJ
for fllln during the holiday, but, not
marked flle4 by th clerk, until Ui hul
Idaya ended. '
In th case of n. F. Unlit h against V.
N. Jonr and A, T. Flegrl. a demurrer to
tne complaint I to re peec) on.
In tha rase of the Inman-PuuUea mm-
pany against chool district No. 1. mo
tion for .rehearing will be decided.
To take pickle from '
puncturing them, a I
tal
Jara without
always don
with a metal fork, wooden tons with
cross-grooved nd have been invented.
ELEGA
If
FOR HILL ROAD
Five complete vestlbuled trains, be
ing built by th Pullman" company for
th North Bank road, ar nearly com
pleted and will be eent to Portland for
operation between th city and
soma Urn this month.
Thse tt ln will contain ven rr
cacti and are of harmonious eVaisn
that every ear wilt b mad .r ll!y
for ft train. The treln will consist
of a baggage oar. mll car, twu rneehes,
a aleepnr, dining er aud an itrt.
(Ion tar. '
Th car ar to he finished la ihs
am woods throughout, to be dworat-d
In the same color sclium and sr to he
of lb l test and moat modem t"tm.
They will be lh moat romolrti-lv
equipped passenger train vr upersUtl
out of Purl land.
& Wreck from HeiiralL
Mrs.' Edith Copeland, of Los
Angeles, Cal., Who Was Sick
With Indigestion and Neuralgia,
Is Loud in Her Praise of Duffy's
Pure Malt Whiskey, Which Has
V. a - mm m . a s- -
uenetitea er Alter Many Other
Rerrtedies Failed. It Has Cured
Her of the Indigestion and Toned
Up Hen System, Thus Driving
Out the Neuralgia.
"Xfrs. CnnIarul write : "I wag rMrlv
a wreck when I came to California five
veara aero. When I had been here oer
haps a month I came across one of your
testimonial letters that just hit "my case-
ahd I-decided to get a bottle.
l nave naa neuralgia 01 inc nean ana
feet. Have had no satisfaction from my
doctors (save receipted bills) and have
been trying everything. Was also a suf
ferer from indigestion. Not only has
Duffy's Pure Malt Whiskey increased
my weight and acted as a general tonic.
but it has also nearly cured me of my.
neuralgia. I feel confident that in time
Duffy's Pure Malt WJiiskey will drive
it out of my system entirely."
MHS. EDITH CdPELAND.
NMrs.' Copcland's case is similar to that of thousands of others,- both men and women, who have
been made hale, hearty and vigorous by the constant use of Duffy's Pure Malt Whiskey as a medicine.
It is a predigested food which has a stimulating and tonic effect on the system. It builds nerve tis
sues, prevents decay and keeps the entire system in a normal, healthy condition.
Duffy's
Pure
REQUEST CITY TO
SEND DELEGATE
Portland Is one of the 32 cities in
the United States that, has been asked
to send a delegate to a preliminary con
ference 6f the Merchants' association of
the city of Neto York to discuss re
forms in the currency system and the
advisability of holding a national con
vention to oiscuss currency rerorm.
The preliminary conference Is to be
held in New York City November lg.
and will decide as to the advisability
of holding the convention and. In case
It is round aavissDle, to decide the ques
tion of place, date and program. Out
of 777 replies that were received in
answer to Merenants association s let
ters 73Z advocated tne holding of a con
ference and 45 preferred the consider
ation of currency reform through com
mission. The Chamber of Commerce will prob
ably send a delegate to New Torlt and
has been asKedi send a business man
rather than a banker.
paying on an assessment or flo,S00 for
Improvements and fl.izn personal. The
Uratton & Knight Manufacturing com
pany asks that its assessment be sliced
rrom sto.ouo to tzz,vo unaries H.
uodd, assessed ror 30non on money.
notes ana accounts, says ne naa none
of either, and asks a reduction on mer
chandise from $50,000 to f. 4,21 8.
is an absolutely pure distillation ot maitea grain, it is me most cuectivc
tonic stimulant and invigorator known to science; softened by warmth and
moisture its palatability and freedom from injurious substances render it
so that it can be retained by the most sensitive stomach. i
T
It cures nervousness, typhoid, malaria, every form of, stomach trouble,
diseases of the throat and lungs, and all run down and weakened conditions
of the body, brain and nerves. It is prescribed by doctors and is recognized
a family medicine everywhere.
your arnrgist, grocer or daalsr for Durry Fur
tna fennin. It's
"if
yTvu can get a ; large cake of
.Boo.
AnniS
GIRL III TREETOP
FOB 24 HOURS
Hazel Downing, Saved From
Flood, Almost Dies From
Exposure.
(I'nlted Prrs Leased Wire.)
Lamar, Colo., Oct. 21. Almost dead
from exposure, Miss Hazel Downing
was rescued today from a tree on Big
Sandy creek, near here, where she had
spent 2i hours after a terrible experi
ence in the flood that has swelled the
Arkansas river and spread devastation
along Its course.
Miss Downing with Mrs. James Hos
elton and Charles Morris, was trying
to ford the stream In a buggy when the
waters swept the buggy down the
stream. Miss Downing clung- to th
branch of a tree and saved her life.
The others in (he buggy are believed to
have been drowned.
Three Mexicans who accompanied tho
Darty In another rig are also believed
to have been drowned. The flood swept
ine wiioie irrnuuy orainea dv ine tin.
per Arkansas river Monday and Tues-
IIEffil DEIilES
COLLIER STORY
Says Stump and Winfield
Not 3Ien Who Stole
the Oil Letters.
the only absolutely par
as
CAUTION When you ask
Halt Wljisksy be sure yon ret '
medicinal malt whlsksy and i
Price Sl.OO. Look for turn, trademark, th "Old Chemist." on
make snre th seal over the cork Is unbroken. Write Consulting Physician,
Duffy Malt Whiskey Co., Kocbester, IT. x ., for a free cop-rfvlllnstrataa m cu
es,! DooKiet ana ire aavice.
old in large sealed bottle only; nvr in bulk.
Look for th trademark, the "Old Chemist," on the label, and
Nature
intended man
to be happy and
to be able to give
v
The Finest Cleaner Made
at your grocers, if you did not receive a
sample cake, orhaveused up the one
left at yo'ur home. ' It's worth . trying.
(railed Pras Ussed Wlr 1
Indianapolis. lad.. Oct 21 William
Randolph Hearst today denied the Col
lier' Weekly story to the effect that
Charlea Stump had atolen the Archbold
letter that have been used with such
fleet by Hearst In hie campaign for
Htngen. Hearst denied that he knew
either Stump or William W. Wlnflrld,
th negro, who. Stump ways. alld In
the theft or tbc letters from Archbeld'a
ofTice.
Hart declared that he would not
a hack Taggart and Kern while ha wa
in inniana. ne aenieo mat ne mad any
letter from Archbold to Senator Ald-
rtca or Ktiode island.
Smile All the While
Look at healthy children look at the healthy
man or woman and you see the pleasures that come
from perfect health the protection that wards off the
excesses of life to-day
;Ghirard6lli's Cocoa
the perfect food drink braces up the system
strengthens the body and enthuses
the brain into perfect activity-
besides
pi
pal;
Max-kraalng at Ixta Angrlca.
iTmWrA Frm lmmr4 Ws.
Lns Antclm CU Oct. II. Hirsr A.
C. Harper. iri-oi"l y Oty Pmsxcotor
T. K woolwlne f protecting -, wa
railed a a witness hefora the rrsnd
Jury today. T. K Olbhena. proprwor
or tne .Herald, wa anntrter wife.
The mayor entered th rrand Jurr tmn
mlllng but refueed tn msJut any tat
met. One of the rraad furor. Kd.
ever, predicted Ibat this warn 14 probably
be a -Ng day."
JUDOE OAXTEXBELV TO
DECIDE'THBEE CASES
lnmtre nrrn. "VI Himiniv 4 m-m- I
Jl'lr te ih rismk hrHwisr f lt yr.
too.
30 cups
of a del
II y
ICIOUS
drink
25f
i .' !
its
4
Zmif
Cures Biliousness, Sidl
Headache, Sour Stom
tch. Torpid Liver and
Chronic Constipation.
Pleasant to taKe
Laxative Fruif Syrup
x rom als t At emrooirrs.
Cleanses the syth-i
thoroughly and
sallow ccfr.lcs!
pimp!e3 zt.1 V.
It 13
' itis i case ei . k. t-krm.:
a and eta-1