1. i
, ' THE OREGON ' DAILY - JOURNAi;' PORTtAND TUESDAY EVENING.: NOVEMBER IP, 1908,-
ELLIS FAVORS
SPEAKER JOE
Cifff
Discredits Panama Canal In
terview but Says If It.
Proves Correct Oregon
Must Stand' by Other
Westerners.
Special Dispatch t Tb Journal.
Pendleton, Or., Nov. 10. Judge W. R.
Ellis, congressman for Oregon' Second
district, today declared that he would
support "Uncle Joe" Cannon for speak
! er of the house la case Cannon was the
nominee tf the party caucus. Judge
Ellis believes Cannon to be better quall-
fled for the position than any other man
yet mentioned for the place.
"I aee no reason why a fight should
be made on Speaker Cannon because it
Is alleged that he is autocratic In his
rule. He Is no more autocratic than
were Speakers Reed and Crisp. nnler
. whom I served. I think the other mem
bers of congress will bear me out when
I say he 4s not one bit more of s, csar
than they. , . .
- "Personal! Speaker Cannon and 1 are
warm friends and I admire him. I do
not give any credence to the report that
he will oppose necessary appropriations
for the building of the Panama canal,
but of course if be should do so he
would alienate his western support I
' am for the west far more than for Mr.
Cannon." - ,
POSIMSIEBlF
SEATTLE OUSTED
:f . asasMsesissMSMSMf
Offensive Partisanship in
; the Campaign of 1906
r Was Alleged.
' United ieeeltTrVf
a ; Washington; Novi 10 president
today, removed Postmaster George M.
v Stewart, of Seattle on. charges of ao
t netting campaign . contributions from
employes.
Seattle, Wash.,. Nov. 10. President
Roosevelt's ousting of Postmaster Stew
art of this city is supposed to be the
result of affidavits filed several weoka
SSaf
O with the civil service commission
Washington charging Stewart wun
"' having solicited money from employes
of the local postofflce for a campaign
.' An 'investigation of thV charges 'was
-V: completed by United States Civil Sery-
, . ice commissioner c n. Snyder or rort
- land, who-is at the head -of the Thir
teenth district and the statements of
postbfflce employes examined were tak
en In the shape of affidavits and for
warded to' Washington,
; Postmaster Stewart left Seattle about
that; time to attend h-liattonal con
vention of postmasters at Chattanooga,
Tenn., and visiter Washington -city be
4 fore his return, 6 appear before the
members of the commission. When
; Postmaster Stewart retorted, ho said he
. was Innocent. .- u .'V :,; J :.,.' .
The funds which Postmaster Stewart
Is charged with soliciting were used In
' the King county campaign of -1808;-.'
: 151r CLOSED, PLANTS T
-' 'TiiKB,'-' 1907
- (' , J ;.."..; ,1 ,
' (trotted Pnm Leu Wtre.V
Salem. ,Or, Nov. 1ft. According to
. a report giveii out by 'Labor Commissioner-
Hoff- today-there are -161 fae
- tories that 'have either, closed down or
gone out of business entirely In this
. . state during the It months from June
' 1, 1907, to October 1, 1908, There are in
. the stats 1,743 plants of which 16 have
. burned. X destroyed by explosions;
, gone oat of business and $7 lying idle,
making lil idle plants altogether. Four
Inspections of the plants have been
made since June, 1807.
They say "hair U the
crowning glory of women,"
but to men it's certainly the
hat that is, if the right man
gets the right hat.
Here it's sure to be right,
because we study the shape
of the head and the form of
the fac more than the size
of the pocketbook.
-' ' " :
The Beaver Hat
None better at (J'l AA
the price t . . ij ) U U
Newarrivals, of the popu
lar greens in Soft and Stiff
Hats, you should see them.
t 166-170 Third Street, v
i
J
'V-
DEFENSE WINS VICTORY IN
LA ROSE
Succeeds in- Exclndingv From Evidence Piece of Gaspipe
With Which Chinaman. Was Assaulted Tables '
Are -Turned on Lawyers for thCj State. . ,
The trial of Jack La Rose for the
murder, of Hymon Neuman took an un
expected turn In favor of the defense
this morning. By a decision of Judge
Morrow excluding from evidence the
gasplpe with which La Rose assault!
John Chong, he defendant's attorney's
practically'' regained the- TQiin'd they
lost yesterday when th court overruled
their objections to the testimony of
Chong and other witnesses intended to
prove the assault on the Chinaman.
This morning "the state's attorneys,
flushed with victory won In yesterday's
long skirmish over the testimony, went
along swimmingly until the crucial mo
ment for putting In evidence the pipe
with which Chong was hit arrived. The
only ground for admitting the testi
mony on this line was that the similar
ity of the crime to the assault on Neu
man, thereby tending to identify La
Rose as the assaMIant of Neuman. To
prove this similarity, , It, was necessary
to Identify positively' the gasplpe that
was used .on the Chinaman, and here
was where the state failed.
Patrolman Circle testified that he
picked up the pipe In the Chinaman's
ano" a few minutes' sifter the assault,
and Chong testified that t pipe that
was shown him looked like the one La
Rose carried under hi arm when he
came Into the store. The Chinaman
also testified that- ha had no other pipe
around the store,-but hi weakened his
testimony by saying that the pipe La
Rose
carried was
wrapped
in news-
pap
has
per, while the pipe exhibited in court
ks ordinary wrapping paper around It.
When Deputy District Attorney Fits-
gerald offered the
pipe In evidence there
was a brief wran
e, ending in the eus-
tainlng of the objection. The proeecu
tlon tried to save the evidence by re.
calling Chong to the stand, but this
failed, and a little further argument did
not change matters.
. W1U Btove to .Btrllte.
Before the case closes the defense
will move to strike out all testimony re
lating to the assault on the Chinaman.
and evidently . stands In good position
to have this done. . In that case the jury
will be Instructed to disregard all evi
dence connecting La Rose with the as
sault on ths Chinaman.
This means also that ths argument
that consumed the whole day yesterday
and the testimony offered this morning
nave added notning to the case in a
legal sense, though there may be some
question as to whether It has not had
some effect on the jury.
Patrolman Circle, Conrad Peterson and
Joe Plover, the latter special agent of the
O. R, & N,, were, called this morning tg
tell ot the" -tfrcamstAnceji Burtouftalhg1
the anrest of La, Rose after the assault
on John Chong on May IS, the day fol
lowing the murder of Neuman. Peter
son caused some amusement by telling
how he sprang upon La Rose and
knocked him down. The defense sought
to discredit this testimony by showing
that Peterson weighs about- 140 pounds,
while La Rose weighs over 200. Peter
son said .that he has had athletic train
ing and even then he would not have
been able te fell La Rose had not the
latter' been drinking, ; -
Police Captain .Mooro testified that
when La Rose was brought into the
Station h. asked Chong.. who hit hlra
and "the Chinaman pointed out La Rosa'
Then La Rose said: "Tea, you
I thought I got yon. I have 'knocked
over a number of your kind, and I
HUSKY BROTHERS
DIFFERENCES
V ve
Two brothers tried to settle their dif
ferences with their fists 'yesterday, and
although they had time to set the blood
flowing freely, they were Interrupted by
a policeman before either was ready to
cry for mercy.
Oeorge McFadden la a telephone line
man, and according to the police offi
cers, he has repeatedly helped his
brother Joe in many ways. Joe never
theless persisted In his desire for a'
fight, and George, smarting from the
bad names which Joe had called him,
finally accommodated him.
ARLETA BAKER
IS SUSPECTED
E. A. Winders May Face
Grand Jury on Charge
of Incendiarism.
Suspected of having eet fire to h's
own bakery at Arleta, K. A. Wi;ideri
is being detained at the county jail
until the district attorney's office com
pletes an investigation of the case.
Sheriff Stevens and Peputy Leonard
have gathered considerable evidence,
and it is likely that the case will be
taken' before the grand Jury with little
delay.
'. Fire was discovered In -he Star
bakery at Arleta, owned by Winders,
about: 8 o'clock" Punaay tiight. 'The
flames were got under control before
the building was destroyed and an in
vestigation showed that the flames had
been started from a box. arranged with
a candle so that when the candle
burned to a certain point the flames
would spread to oil-soaked kindling.
Winders says he left the store short
ly after 6 .o'clock. Sunday night, but
e sheriff has found a witness who
saw him there later than that hour.
Winders says that he formerly had
about $1,200 Insurance, but. that this
amount has been reduced to about 1700
by cancellation of Alleles. He claims
that his loss equals the insurance, but
this is said to -be a matter of doubt
Ho admits that only a day or two ago
he gave John Brooke a note for ISffO.
dating the note. back to May 4. and that
he has also given a bill -of sale for a
portion of. his stock. These deals, the
authorities' think, show a purpose to'
deceive and defraud his creditors. f
VVlnders and his wife came down
town to attend the ' theatre the night
of , the fire. This is eaid to be the
firm time thev had done this In a vear
When the volunteer firemen arrived at
the hnkarv the ill ace was locked.
Winders came to the jail himself last
evening to confer with the sheriff, and
was not permitted -w ioave.
SUPREME COURT SAYS
:m BRIDOILAM T0.IUXG
l' Uait fnmm I-sed Wlre.l
- Olympfa, Wash., Nov, 10. The su
preme court this morning; Affirmed the
conviction: ot murder In the first de
gree of Frank O. Bridgb'am, who shot
and killed hie wife at CV ntralia.. No
vember 21. 1907. He? will 4m banged,
MURDER CASE
didn't think you I would ever be able
to come here to identify me."
All f this4 testimony came in to
show that La Rose was the man who
hit the Chinaman, but this practically
falls out of the case with the rejection
of the pipe as evidence.
BttU Anothes Assault.
Just before the noon adjournment the
struggle was renewed on the attempt
of the state to produce testimony show
ing that La Rose assaulted Mar Her
man with a 'piece , of gasplpe the day
before the murder of Neuman. The ad
missibility of this testimony was left
in the balance, the defense contending
tht It la much weaker than In the Chi
nese case, because Just after the ar
rest of La Rose, Herman was not cer
tain that the defendant was the man
that hit him. and on one occasion said
that La Rose was not the rnun, ai
thnurh he now identifies the defendant.
In the argument yesterday afternoon,
resulting In a temporary reverse for
the defense, L W. Humphreys made an
extended argument agalnai the admis
inr nf testimony concerning the nlpe
with which Chong was hit. He cited
many authorities,, his statement of the
position of the defense being as fol
lows:
Humphreys Tells Law.
'The general rule of evidence is well
settled, as conceded by the prosecuting
officer, that upon a trial for one of
fense proof of the commission by the
defendant of other similar offenses
cannot be offered. Nor can the state
rely upon such evidence to establish
the crime charged. There are some ex
ceptions to the rule, by virtue of which
evidence of similar crimes may be ad
mitted for limited purposes. But when
admitted, such evidence can be consid
ered only for the purpose for which it
was admitted.
"In Orrgon there can he but one ex
ception which would bring the evidence
of La Rose's assault upon the Chinese
within the pale of competence. The
supreme court in state vs. O'Donnell, 30
Oregon 222, mentions five exceptions,
but only -one of them Is asserted by the
state to be in point here, and that one
Is the fourth, where we find this rule:
'Where a crime has been committed by
the use of a novel means, or In a vi re
ticular manner, evidence of the defend
ant's commission of similar offenses by
the use of such means or in such man
ner is admissible against him, as tend
ing to prove the identity of persons
from the similarity of "Such means or
the peculiarity of the manner adopted
by him."
Cites Mollnena Case.
"This O'Donnell case was a larceny
case, and the language above quoted
was in no way necessary to a decision
of the case. In fact, the supreme court
hsd no occasion to inoulre earefullv
into this exception to pronounce the true
rule,"or' to apply It to a murder, case.
in ine case oi me people vs. oiana a.
Moltneux, in 16S New Tork, we find
this particular rule applied to a mur
der case, and there we find that be
fore such evidence is competent as
proving Identity of persons from simi
larity Of means it must be shown that
no one save the defendant had the
knowledge, skill and- materials to com
mit the deed. ' j
"It Is the position of the defense In
this case that before it can be shown
that La Rose struck this Chinaman with
a gasplpe, under this rule or exception,
the state must tirove that no one hut
La iloee had gasplpe,- brown paper or
ins skiu to wrap paper around a gas-
Sipe at the time of the assault "upon
yman Neuman." v
TRY TO SETTLE
WITH FISTS JAIL
The storeseand lodging-houses around
First and Columbia were deserted, for
several minutes yesterday afternoon in
consequence. A nght for blood between
iwo Dromers or siuray oulld was a
sight notXo be missed. Joe and Oeorge
n.ii covered wun Diooa wnen t'atrol
man LUlls arrived, but neither would
loosen his hold on the other. Llllls
used his fists to separate them, and they
soon arrived at the polica station.
Joe was - locked up, as only George
could furnish balL This morning they
pnu.'nea up ineir jrouojei, and George
allowed his $10 bail to pay Joe's One of
i0.
GOmPERS SAYS
IS
E SLIGHT"
Leader Advises Excited La
bor Union Men to For
get Roosevelt.
Tnited Press Leased Wire. I
Denver, Nov. 10. Whether the Ameri
can Federation of Labor will take any
official, action in connection with what
is regarded by the delegates as a snub
o the chief executive of the order by
President Roosevelt in falling to Invite
President Bamnel Gompers to the White
House meeting at . which other promi
nent labor leaders of the country will
be present will probably be decided late
this afternoon at the convention.
The program for the day called for
the reports f the members of the exe
cutive council, but the delegates spent
the entire morning in discussing in lit
tle excited groups what thev denounce
ns an insult to the greatest labor or
ganization in the world.
Gompers himself has caused it to be
known that he does not wish anything
done about the matter. He prefers that
the convention ignore the entire Inci
dent. Many delegates, however, are" In
favor of passing a resolution setting
forth the views of the federation.
This afternoon's session promises to
be the most exciting of the convention.
The delegates whose seats are contested
will present their claims to the con
vention Itself and disputes of the va
rious delegations will be on the con
vention floor.
The report of the executive council
will deal with the general work of the
federation and "will be sent to a ootn
mittee for review before being presented
to the convention itself.
CHECK SWIKDLER
AGAIN IN TOILS
Hardly out of Jail, IX FV Taylor,, a
pressman, scarcely of age, was arrested
again th'is rooming. He declared yes
terday, that all the bogus checks he had
passed had been accounted for and paid
by him, but later, in the day, after
Taylor bad been' released, - largely be
cause of his youth,- more checks signed
br him arrived at the detective bureau.
These new checks were found to total-
127.85, so Detectives Hellyer and
Maloney found Taylor nd he was again
locked up. . , - , v - ' -: ' w
Jdhn Rometsch, , l. saloon-keeper,
surned the oomnlalnt '(ke.init Taylor.-
ICHOR
air refuse -
TO TIE KIIOIS
Justices of Peace Unwilling
to Turn Marriage 1 Fees '
' Over to County.
It looks like a hard winter for lovers.
One ex-officla justice of the peace has
already refused to perform any more
marriage ceremonies, and now the two
regular justices of the city declare that
if they cannot retain the fees thev will
tie no more matrimonial knots.
"We certainly will not marry anybody
if we must turn the fees over to the
county," said Justice - Bell, .presiding
justice of Portland district, at noon to
day. "There is nothing which can com
pel us to solemnise marriages If we do
not wish to do so. and the statute
which places justices of . ths peace on
. salary says specifically that tney
hall receive no fees for litigated
cases,' and a marriage Is certainly not
litigated case.' " -
Justice Bell was sneaking for himself
and for Justice Olson, who Is out of
the city. -
"County Auditor Brandes has said
nothing to me about turning the mar
riages, and I have been obliged to have
I doubt- If the commissioners will ask
us to do anything; of the, kind, contin
ued Justloe Bell. "1 certainly ' won't
unless it is decided by the courts that
the legislature meant we should do so.
I cannot see why we should- be obliged
to turn marriage fees over to the county
any more than we should turn In the
fees received for acknowledging deeds,
where we act as notaries public
"We make very little out of mar
riages, and I have been obligedfl'to have
my residence telephone taken out, be
cause I was bothered at night so con
stantly. Last evening I had. to come
down to the office after 11 o'clock to
get some certificate blanks, because a
couple had Just come to the house to
be married. They had been looking for
me all evening."
It Is understood that ex-Justice Retd
received about (3,000 for the marriages
he performed during the six years he
was jusuce, and if the courts decide
the Justices must turn In the tnarrlage
fees they receive proceedings will also
probably be begun to compel Reld to
turn in a portion of the sum he re
ceived after the law was amended. Dis
trict Attorney Cameron also did a thriv
ing business while an ex-offlclo Justice,
and Justice Olson married numerous
couples while on the bench in the old
east side Justice court. . t
PORTLAND SENDS
200 TO ALBANY
A crowd of 200 -excursionists left
Portland' at 8:80 this morning for Al
bany, where they will participate In the
celebration held there today over the
opening of the new Southern Pacific
railroad station. Besides the large Port
land delegation there were excursions
from' many of the Willamette valley
towns. General Passenger Agent Mc
Murray and Assistant General Passen
ger Agent Scott of the Harriman lines
were among those who went down on
this morning's train. . '
- The station Is a handsome and sub
stantial one, somewhat similar to the
new station to be built for East port
land by the 'same road.
Definite announcement of the com
mencement of through passenger and
freight service over the North Bank be
tween Portland and Pasco, Wash., will
be mads by the officials of the railroad ,
tomorrow. General Freight and Passen-
fer Agent Adams is awaiting notificat
ion or the arrival of the new Pullman
passenger trains In Vancouver, but con
fidently expects that the Portland-Paaco
service will begin by next Sunday.
Some details of the through train
service remain to be settled but it is
expected that some of the Pullmans will
go through to Spokane via the Northern
Paclflo and possibly all the way through
to St. Paul without change. Through
freight service will begin at the same
time as the passenger, according to
present plans.
m'CREDlE SAYS TWO
TEAMS FOR PORTLAND
(United Press Leases Ws-eJ
Chicago. Nov. 10. Walter. McCredle,
manager of the Portland Baseball club.
this afternoon declared to the national
meeting that it Is almost certain that
Portland will have two teams next year.
McCredle said that he had consulted
Cal Swing, president of the Coast
league, and found that Ewlng and every
one else was willing for Portland to
have two teams.
It waa announced this afternoon that
Danzig, the Paclflo coast Infielder, has
been sold to the Boston Americans.
POSTMASTER MOEGAJT
SOMEWHAT IMPROVED
fOntted liisi Leased Wire.
New York, Nov. 10. Postmaster Mor
gan, who was shot down on the the
street yesterday by a would-be assassin.
Is reported to be somewhat " improved
too ay ana it is Dcnevea ne win recover.
He has made a brief statement, reiter
ating that he never saw the man,
Msckay, before he accosted him and
fired.
RAILROADS WILL
ADVERTISE OREGON
Five hundred conies of the chambor
or commerce book on Oregon were for
warded to Bt. 'aul tms morning by
tha chamber tf commerce and will 'be
used by railroads there In advertising
me nortnwesc ana wregon.
Want to Use Trailer.
Permission to resume trailer service
or U. W. P. cars over the Madison
street bridge has been requested of the
county commissioners by the street
railway company, but It Is not likelv
to be granted. The present regulations,
permitting only single cars and these
not less than ISO feet, apart on the
bridge, are regarded as necessary pre
cautions in the present condition of thm
structure. A new bent is now being
f laced under one of the spans where
he strain is greatest. As It Is a weight
of ever 60 tons Is placed at One spot
when two ;ears meet.
Sent to- the Asylum. . - ,
Mrs. Susie Young was sent to the
asylum at. Salem this morning after be
ing pronounced insane. Her delusion
took the form of believing that she is
unsafe and that some one Is seeking
he life. , -. .v ;- v .. - "
REGULAR TRAINS
OVER NORTH BANK
WOMAN IDENTIFIED AS
Dynamite Thrower Who Tried to Blow Up Mrs. Law
rence Phipps Is the Wife of a Denver Drag-V
gistMentally Unbalanced.
(Halted Presi teased Wire.
Denver,-. Nov! 10. After . nearly 14
hour of silenoo the woman who hurled
a stick of dynamite at Mrs. Genevieve
Chandler Phlppa, the divorced wife of
the Pittsburg millionaire, Lawrence
Phipps, while she was seated in an au
tomobile with her five-year-old daugh
ter Helen, declared stoday that aha is
Mrs. Allen F. Reed, the wife of a Den-
HUNDREDS OF PORTLArNDERS ARE
AI LINN'S COUNTY SEAT TODAY
" -o' .hi. ' ' ' . - 1 .' ,
'S-W'-: -;Vr":' ;:'":::-v'':
v v . v m i
- - - " v. X i
5 X' 1
oiii r?A Jk'l if! llhp
- I 'X j'- . i : ff qU il J I :4
Ir'Trr-rTwuiitwn 'iri i iiw.nlw.iMmniiiiiTrfcfciiK.a.ii,B. rtn-nrniiiiriirtiiiii-iitiitffcniiiniMil nn fcTMiniuirinrrnirroi rTrMr-n-iT,TirrTTifcrtr-ri' n -nn irnT-i1?
v ' Union Depot
(Special Dispatch te The loeraaLt
Albany, Or., Nov. 10. Besides being
the open bag day. ,for the . apple .fair,
A'banya new union depot was dedicated
and opened to the publlo today. . Hun
dreds of visitors are her from Portland
and other townav f T5,
The program commenced at 11:20
o'clock this afternoon with the arrival
of the special train from the Eos City
bearing; the visitors, and officials Of the
Southern Pacific. After the ceremonies
at the depot, luncheon was taken and
the crowd Is now pouring Into the gates
of the football field to witness the A
bany-Willamette game. At 6 o'clock thl
evening the visitors will be given a big
JUDGE VAN ZANTE SAYS HE
DOES NtTTi NEED EXTRA TITLE
Because "and ex-offlcfo Justloe of the
pease'' la not included In the title line
under Municipal Judge Van Zante's sig
nature, an official has' Informed the po
lice th at any time a keen-eyed lawyer
may free his client by habeas corpus,
proceedings when the offense Is against
the laws of the state.
The contention Is that "municipal
judge of the city of Portland," th only
descriptive under the Judge's signature
on the new warrant blanks, doea not
show that the warrant Is signed by any
representative of the state. The war
VISITS FRIEND IN JAIL AND IS
HIMSELF ARRESTED BY POLICE
VlsltlngJJie po"e station to get his
friend ou?"of trouble. Thomas P. Mac
Mahon was himself thrown In Jail as a
sQsplcloua character.- MacMahon hurt
rled Into the reporters' room at 1 o'clock
this afternoon.
1 want to see this man Burns, whafs
locked up here," said he.
MacMahon waa escorted to the cap
tain's desk downstairs. Ho said he had
come from Everett, Wash., with John
H. Buana and wanted to talk with htm
a moment. .
IIATIOOS AGREE;
WAR AVERTED
ftJnlua Press LsaMg Wlr.
' TmrtMi Jfor. 10. TSis tbjreataned rup
nm At ha 'neaoatfal MlaMons of Ger
many nrnaoa was aveorted today .
the signing of aa agreemea oy vtm rep-
lessntatlTSS of boB nanoaa awnunsr we
Oasa Blajoa alsp-ate.
ASTORIA VOTERS
NAME CANDIDATES
AstoTfiTo Nrf0-At. the pri
maries Monday th following were nom
inated: Mayor,-8. Elmore ?). A. M.
Deal.y YG&f 'd TDem.) ; clerk Olaf
Andersorl (Rep.) AlifWHlfTl
Charles Aberoromble (Rep.) and (Dem.) ,
superintendent of treats. J. F. Kearney
(Rep.); aurvevor
r a. S. fee (Rep.) and
llman-t-large, 11. F.
tuem.j: counc:
councilman Flrs$ ward,
v r-i t'Y -.1.. fXMlann
iliep.;
ca
Tkeph Second ward, C. J. Curtis (Rep.)
and tDem.), Chris Bohmldt . (RP-).
George ltaDotn i xjem., , "
v. il t .t.M.)uii Arm -T J. Rooinson
mn: Fourth ward. U O. Belland and
p. fl Btanglsnd (Rep.); police comm s
sloner, R. Carfutbers; . watereommls-
s oners, Aemus rix, r r.. --"'""'I."'
F. A. Ftsher. C. 8. Wright. -James W.
Weloh. C J.' Trenchard ana U pergman.
BIGJBI TESTjTFIES
;-: , IN TIUJ RUEF TRIAL
'"'", t" " '" .'''" '''''''
j WtdUt Press tmt Wire.)
Ban Francisco, Nov. lf.--Jamea I
Gallagher, known to his cronies On the
notorious boodllng boatd of supervisors,
as ."Big Jim, subseauently revealed in
the grart inais , n jo-imfwa -vi
Kuer and (the other members of the
ho-rf Bnrla.rel on the witness , stand
In the Huef trial today under the call
of the proseoution, to tell again the
story of the passage Of the. overhead
trolley ordinance. ; ' - 1 . . - -
V"Blg Jim's" testimony was not -sensational,
i but his coming to the stand
caused the courtroom of Judge Law lot
to he WAcked. .
MRS. ALLEN F. REED
.. .4 t Rlnce her arrest she has
been acting as though mentally unbal
anced or In a hypnotlo -trance. -During
the early morning, Mrs. Reed
took a phial from ner nancmag, oui was
9..t.H fmni swallowing the contents
of the bottle by the quick action of
Chief of Police Armstrong with whom
she was talking. The bottle was found
tn contain morphine enough to Kill a
dosen men. -'
at Albany.
banquet at the - Alco club srvmnaslum.
which has been fitted up for the occa
sion.
- The program at the" depot- was as
follows: Music, B. P. O. E. band; ad
dress of welcome, Mayor Wallace; In
troduction of SDeakers. Dr. W. -Davis:
speakers, J, P, O'Brien, - vice-president
Boutnern Facirio company; j. k. weath
erford, vice-president Corvallls & East
ern railroad: W. W. Cotton, general
ounael Southern Paclfio company; Mr.
MoMurray, G. P. A. Southern Pacific
company, George W. Boachke, ohief en
gineer Southern Taoiflo company; It-B-
iuer, general freight agent uoutnern
Paclflo company? E. W. Langdon, presi
dent Albany Commercial club; F.
Miller, senator from Linn county. .
rant therefore would be worthless,! ex
cept when the offense Is one against
a city ordinance. .,.
The discrepancy between, the old war
rant blanks and the new sheets was
called to the attention of the police
Saturday, and today Judge Van Zante
waa told of the possibility of a criminal
escaping from the Jurisdiction of his
court . .
"The signature itself Is , sufficient,"
said he. "Anything following It is
merely descriptive, and I cannot see
that 'ex-offlcio justice of the peace' Is
at all necessary. I'd like to see some
body try the habeas corpus scheme here.
I'd laugh him out of court"
Bums was arrested . last evening on
suspicion of being a highway robber
badly wanted In San Jose, Cat The San
Jose police notified the Portland offi
cers that Burns was believed to be with
relatives In Portland. Detectives Cole
man and Tennant found him -last evening-
at Mississippi avenue and Russell
street.
Burns declares he Is not the man
wanted in San Jose. MacMahon refused
from the first moment to say whether
Burns was the right man or not. He
is bolng held pending Burns' Identifi
cation. has been dynamited twice. District At
torney Langdon Is attempting to find
the perpetrators of the outrages and the
theory along which he is working Is
that those who would be Injured by
the testimony of Gallagher are respon
sible. Therefore, when Gallagher took
the stand bis story waa listened to with
Interest i
All that Gallagfher testified to today
he had told before on oath In the po
lice oourt. . . .
Georse B. Keane. former nrratnrv tn
Mayor Schmits, and also clerk of 1he
board of supervisors,, was recalled by
Heney to testify to the first caucus
held by the board, to which Ruef waa
miV? 'peclfl
summonea at tae specific direction of
jiuyor Bonmiis,
LAMPHERE JURYMEN
ARE HAUD TO GET
-5'
fOnlted Press Leased Wire.)
1a Porte, Ind.. Nov. ! 10 The selec
tion of a Jury in the. case of Ray Lam
phere, charged with the murder of Mrs.
Belle Gunness and her children, Is pro
ceeding slowly. . Many, talesmen ex
pressed thetr positive belief that Mrs.
Gunness was still alive. '
Lamphere's counsel admitted that the
defendant might be put on the stand If
the court overruled a motion which
would be made at the conclusion of the
irzn.Xl; that
MOR0S TO RESIST
ORDER TO DISARM
(Dnfted Press Lessed Wlre. '
Manila' Nov. 10-Reports from the
south today say the Moros'are rebuild
ing the Sottas destroyed bv. the nM-.
two years ago and are massing their
troops at Basllan and Mindanao. It Is
believed they are preparing to resist
an effort at disarmament. , The rains
are delaying ; an offensive movement
but a clash is expected at any time.;.
SIX'NEW MEMBERS:
ADMITTED TO CHAMBER
Six new' members were admitted tn
the cham be, of commerce at the regu
lar monthly meeting f the board of
trusieea neld this morning. The Re
tlaim thi mil rhsr.n,, E5i,t lif? i?H'ouncd ner tnd"'r that Nat Good win
?Jir?XJ?,gL2'lSf? R:HA sold the controlling. Interest in his
Incidental to the banquet w.sro o:-.1otd
paid.
Klect'rla headlights' on locomotives of
all through trains are required by a
law recently passed by the Georgia leg
islature. . . ... ""- , - -'
ORDERS lit ;:
. DEPOT BUILT
' .'' ". . rv
Harriman Structure on East
Sidt? Will Cost $18,000
VflitTL Complete;
Specifications for h hew railway
Station that the Southern Pecitle will
erect at East First and East Morrison
streets, are peine; prepared and the con
tracts wilt be let at once. The plans
fori the building , have Just t,een com
pleted, j and General Manager ..O'Brien
has given authority for the construction
work to proceed. , , ' ' '
The building Is to cost $11,000 when'
ready for occupancy. Including cement
walks, filling and . other external Im
provements. The principal features of the struc
ture are concrete block construction,'
foundations on piling, reinforced con
crete floors, and Imitation tile roofing.
The main building will be 124 by 10
feet, with, porches at ooth ends, each ,
SO by 80 feet. Th Interior arrange-'
ment will be according to .the most
modern o Ideas.
The building Is to bo divided Into a
waiting-room 28 by i feet, ticket of
fice 12 by 15 feet, smoking-room 10 by
10 feet with lavatory adjoining, 8 by 10
feet. The baggage room will be 20 by
28 feet. " ... - "-
The Interior finish of' the watting,
smoking, ladles' and toilet rooms will
be tiling wainscoting' five feet six
Inches high, with, plastered walls and
celling. Casings, doors and windows
will be of Oregon fir with antique oak
stain and varnish. The' floors will be
of concrete with cement finish. The
building will be heated by hot-air, will
be electrically lighted throughout and
thoroughly modern, .. ;
COURT BINDS
Charles A. Straus, the suspended
cashier of the Portland postofflce, waai
bound oyer to await the action of the'
federal grand Jury fou a charge of em-
bezel ement ,tthl. afternoon by United
States Commissioner A. M. Cannon. The
case had been under consideration by
the commissioner since' last week. The
amount of ball was put at IMOO, the
same as Straus has been out on since
first arrested.
Commissioner Cannon said ha had con
sidered the evidence carefullv. and waa
of the opinion from the testimony that
i-nsimaater Minto ana J. J. ttipiey. as
sistant postmaster, although they both
had the combination of the safe, were
in no wav responsible for tha ahortara
in Straus accounta He said that from
the records the accounts of Miss Celia
K. Bollman; who has been In charge of
the office since April when Straus wont
away, are correct tn every way. It was
also shown, he said, that the books had
balanced December . II. 190?.. and that
it was evident that the shortage had
occurred some time between that date
and April 17. .
xne commissioner saia (Straus naa
made no great effort to assist the gov
ernment to locate the shortage, and that
his actions would indicate that he smew
that a certain amount of .money waa
missing from the' Ashler's department.
Owing to the circumstances, be said,
he would have to hold Mr. Straus 're
sponsible, because it was plain that the
money was cone and that ha should
know something about It
The case will go to the -next federal
grand Jury, which will not be called
until some time In January.
UNWRITTEN LAW CASE '
ALMOST UP TO JURY
- (United Press Leased Wire.)
Santa Barbara, Cal., Nor. 10. Mary
Magdalena Cavallerri, on trial for the
R
OVER
murder of, her common-law husband, w
Walter Bproul, at a special session of
the court last night, told her story,
without a sob or a tear, except whenTn
wavering tones, she replied, regarding
the. man she killed, "I loved him: I
love his memory now and always will.
In ' the course of an hour the girl
told of Walter Sprout having made love
to her when she waa only 14; of having
gone to meet him at a rooming-house,
where he told her a justice Of the
peace would be waiting to marry them,
and she was so poor that all her world
ly possessions were wrapped in a little
bundle she carried in her hand.
There wan no justice lof the peace
there, and Sproul told hfr "tomorrow
will do as well for the marriage, as
tonight." and the believed him and re
mained. District Attorney Day devoted only
two minutes to cross-examination and
the audience applauded his kindness to
ward her and dozens of women flocked
forward and kissed and consoled her,
' The last wltajess was examined this
morning and the case will go to the
Jury tonight ortomorrow morning.
VERY LIGHT HAUL
MADE BY GRAND JURY
Two Indictments and a 'recommenda
tion make up the net result of, more
than a week of Investigation by .tha No
vember grand Jury; This, at least. Is
all that was reported when the grand
jurors went before Presiding . Judge
Gantenbein this morning to present
their first report.
Last week the Jurors visited the ma
ternity home conducted by the Drs. At
wood at Tremont, and they reported for
the Information of the juvenile court
that little Flossie and Florence Petty,
adopted enuaren' or miss May retty,
are not receiving proper , care. The
children have already been taken from
the car of Miss Petty by the Juvenile
court officers "and are temporarily In
charge of the Boys' and Girls' Aid so
ciety. A hearing on their delinquency
Is to take place In the juvenile court
next Thursday. . .
An indictment was returned against
Charles A. Dent, formerly a clerk In
the emplov of 'Woodard, Clarke A Co.,
accused of embesxHng $100. Joseph. Le
Barge was indicted on the charge of
stealing-a quantity Of jewelry from V.
Fredesickson. ' .
REAL ESTATE DEALER
HELD AS, A SWINDLER
G. MacLeod, who as a representative
or the Northwestern una Townsite
company, according -to his business
card, sold a number of lots- near Bpo
kan that were afterward proved to be
worthless, was bound over to the grand
Jury after a hearing before Justice BelU
yesterday afternoon.- A bond of $1,000
gave him his liberty. y.-r
NAT GOODWIN SELLS
' GOLD MINE TO GATES
' w '
, - '. . jrnltrd -Tress Lea4 vTtre.l v .. -
Ban - Francisco, rvov. to, it wss an
mlrje, the Rawhide -Coalition, to-John
W. Gates, the millionaire. The amount
or stock; aisposea ot oy oooawin Is T
per cent, which gives Gates control'
of -thV development of the rich vein,
The anile also Included the transfer ot
the railroad from -Rawhide to SparhA
which will be financed by Gates.
X