THE OREGON DAILY JOURNAL. PORTLAND. SATURDAY EVENING, ; DECEMBER 5, 1908.
DENIES Mill
8EC0IID TRIAL
Judge Cleland Finds No Sub
stantial Errortf Were Made
by tne State. ;
Edward H. Martin, convicted of man
slaughter' and sentenced1 to 15 years In
the penitentiary for the killing of Na
than Wolff, was denied a new trial by
, Judge Cleland in the circuit court this
mornlne;, completing another step ' In
the slow progress of , the case to the
supreme- court, where . the defendant's
' claim to another trial will ultimately
have to be decided- -
Five days were allowed by the court
In which to prepare and tie a notice of
appeal, and the Judge indicated that
not more than 30 days will be granted
for the preparation of a bill of excep
tions. This will carry the case to the
supreme oourt eariy in tne new year,
' but the Jack I Rose case. tried two
weeks later, will reach the higher tribu
nal before the Martin case.
In the argument of the motion for
new iriBi hub murnms ocimum uuu ap
peared for the defense and Deputy Dis
trict Attorney Fltsgerald for the state.
Fouts based his argument on alleged er
rors of the court In ruling on testimony
and - on affidavits concerning the al
leged statements made to Jurors ty De
tectives Hellyer and Price at the time
-the Jury was taken to view the pawn
shop where Wolff was slain. It was
charged that Martin was not present
during part of this procedure and that
the .detectives pointed out locations to
the Jury-without authority. The.se af
fidavits were met by counter affida
vits from the other side. In which Hell
yer says tha$ all the talking he did to
the Jury was done toy request of Seneca
Fouts, and in which Price denies that
he spoke to the Jurors.
Mr. Fouta this morning attempted to
file a counter affidavit in which he de
nies that he asked Hellyer to explain
things, saying that his remark was in
tended to. be a reproof to Hellyer for
.talking within hearing of three or four
of the Jurors. . Kls affidavit was ex
cluded from the record on motion of the
deputy district attorney, as it had not
been Died in time.
Judge Cleland,. In rendering his de
cision, commented briefly on the points
raised, reaching- the conclusion that no
substantial error had been committed.
The whole question now goes up for the
action of the supreme court. Should a
new trial be granted Martin could only
be tried the next time for manslaughter,
the verdict returned In September act
ing as an acquittal of all higher degrees
of homicide. C .
MUST SET EXAMPLE
(Continued From Page One.)
therefore much Interested in the trend
of polltioal conditions in Oregon, par
ticularly as to those laws that tend to
remove political control from machine
influences and place the power in the
hands of the people.
Xa.il road Owns Machine.
"Down in California." said Mr. Davis,
"there is less buying and selling of
votes perhaps than in any other legis
lature In the , country for the reason
that ths Southern Pacific owns the or
ganisation. It does not have to buy
senators or representatives. Kverythlng
is done there in the open. The South
ern Pacific maintains a lobby at Sacra
mento and it is a matter of public
knowledge that the company, is after
the supervision o the legislation of
the state.
"For SO years," continued Mr. Davis,
"we have been trying to rid the state of
the control pf the machine. We have
pointed to Oregon as being In the van
guard of otates with anti-machlne leg
islation. , There is no doubt that Ore
gen has the best legislation an regards
political control of any state in the
union. We have looked to Oregon as
a leader.
"California is In better cnndWIon to
day to shake off machine control than
It has ever been. It has a primary law
drafted and it has a large number of
members of the leglslture pledged to
Its support, 'i'here Is every probability
that a primary law will be enacted at
the coming session. It han be easily
seen therefore that I ah . very much
Interested In seeing the Oregon law sus
tained. If it is not it will be a great
disappointment to me and to every lover
of good government.
Oreg& Held to '4 Leader.
"Oregon cannot afford to repudiate
Its law in any way. The members of
the legislature cannot afford to put
their state In such a position. Through
out the country Oregon is looked upon as
the leader in good governmental legis
lation. If It were to repudiate Its own
good government It would be little less
than a national calamity.
"I do not know Governor Chamber
lain, but it is not a question of the.
man. It is a question of the principles
at stake. It it a question of law en
forcement against disregard of law, of
The fulfillment of a pledge against its
nonfulfillment, of the upholding of truth
and civic righteousness against fraud,
deceit and chicanery.
"There is only one answer to the
question 01 wag snuum oe eieciea sen
ator from Oregon, and that answer is
Chamberlain. Not because he Is Cham
berlain, or because be has made a good
governor but because he has been chos
en for the place by the people of the
state, and the members of the legisla
ture, or a majority of them, have
pledged themselves to follow the in
structions of the people.
"I cannot conceive how nr member
of the legislature who has pledged him
self on the senatorial question can vio
late that pledge. There is but one hon
orable course to pursue to keep the
pledge. Neither can I see how any
man of honor and honesty can suggest
or encourage any movement which has
as its object- broken pledges and dis
honored promises.
Banff Is JTo Oreat.
"I do not believe," concluded Mr. Da
vis, "that there la any danger of the
Oregon legislature killing its own law.
I believe that civic ideals are too high
In. this state for that t believe that
Oregon men who pledge their word and
honor to do a thing, do that thing.
"I believe that the people of Oregon
have passed their laws because they be
lieve In what they contain, that they will
demand that these laws ba enforced and
wai iney would nrooK no Interference
with the course of these laws from any
source. ,
-"I do not think there is any danger
of the people being thwarted. If such
a condition should come to pass I would
be greatly disappointed and it would
be a disappointment and a discourage
ment to every lover of good government
in the United States. Oregon cannot
afford to give this discouragement to
the nation.
CAMPAIGN HOT '
III ILUAilE
"' F y. --'X' sj 1 . uj ii . m V . I "". 4
City Election Will Be Held
in Suburban Town
Monday Night. - - .
Mllwaukle Is In the limelight once
more. . There - will be a city election
there Monday and the suburban town
is ftiszllng with political excitement.
William Shindler, present - mayor end
commonly referred to by his fellow
townsmen as the "rear of Mllwaukle,"
has announced his candidacy on an in
dependent ticket in opposition to Phil
lip Streib, the regular candidate. O.
8. Matthews, a present member of tho
city council and a close friend of Mayor
Shindler "Is also running on the lnde-
fiendent ticket - for reelection. These
wo make up the Independent ticket.
Shindler for a long time has held con
trol of Mllwaukle city politics in spite
of all efforts to unseat him. The op
position is now making a- united ef
fort to dethrone him, politically, it be
ing contended that Shindler does not
represent the progressive citizens of the
municipality, it being cited as proof
that he is in favor of allowing cows and
horses, pigs . and chickens to run. at
large in the streets.
- At any rate every able-bodied man
with a vote Is going to stay home next
Monday and help change conditions in
Mllwaukle. A mass meeting was held
about two weeks ago at which the reg
ular citizens ticket was - put in the
field.- This ticket consists of the fol
lowing candidates: For mayor. Phillip
Strelbr aldermen, Fred Lehman and
Isaac Mullan; city treasurer. E. T.
Elmer, recorder, Arthur Cowling j and
marshal, Jesse Keck.
The citizens' ticket Is pledged to the
abolition of the poll tax. It wants
more street lights and Insists that tho
Portland flenral Electria eoirmanv shall
furnish them at the same rate as Is
paid by the city of Portland. It wants
to open new streets and to improve
those now in "use. It insists that tha
Rnnthnrn Panlflo should maintain an
adequate freight and passenger depot at
Mllwaukle. It insists that the right
for a B-cent fare between Portland and
Milwaukie on the electric should ie
wav1 tn a winning finish. It wants
the stock at large law strictly enforced.
It wants to annex more territory to the
north of the city limits. It intends to
maintain tho present license system by
which two saloons are allowed in tha
city.
Tn the naat there have been Dretty
stiff fights waged against Mayor Shin
dler 'and the outcome of the present
battle of ballots will De waicnea witn
intereet. Tonight at the town halt a
mass meeting; to which all Mllwaukle
la expected to. come to hear, the Issues
discussed by the various candidates
on the eve of the election.
PEIIDLElinS
GET HOMESTEADS
Roy and Bertha Alexander
and H. K. Lewis Secure
Valuable Holdings.
(SpetUt DJtDatrh to Ta Journal.)
Pendleton. Or.. Dec. 6. After stand
ing In line all night to make filings
on homesteads in the Hermlston project,
three Pendleton people, Koy and Kertna
Alexander, and K. K. Lewis, were al
lowed to enter tracts of 20 acres each
at La Grande yesterday. Five other
homesteads were opened, Frank J.
Thomas. F. H. Bartlett, Charles Myers,
James Scarborough and Samuel Lauden
slager of Hermlston being the other
fortunate ones.
That the land was open to entry was
a surprise to all, except the few upon
the inside, although It was understood
thst an opening proclamation would be
published today.
Even those who were fortunate
enough to file) were startled to receive
from La Grande Thursday evening a
notification from the receiver that
their filings had been refused on ac
count of not having submitted their
water filings to the land office at the
time the land filing was made.
Applications for water were immedi
ately made out at Hermlston by those
Interested and a second excursion to
La Grande resulted, in which some of
the original entrymen were fortunate
enough to win out- Mr. Lewis, who re
ceived word from a friend in La Grande
that his filing had been rejected, made
an , automobile trip to Hermlston where
he made his water filing and returned
to Pendleton late last - night, catchlrtg
No. here for La Grande.
The muddle came about through a
rulinr of the land office at Washing
ton to the effect that it was necessary
to have the water comoleted and the
first Installment of the cost paid be
fore tne nomesieaa entry could be
made.
GREAT COLLIER
HITS THE WAVE
Promctheus Launched
v 'Mare Island Navy
Yard.
at
: . (United frets Leased wire.)
Vallejo, Cal., Dec 6.-The huge gov
ernment collier Prometheus - was
launched at Mare Island navy yard to
day in the presence of a great throng
who had gathered from all parts eil
the state to witness the ceremony. Var
ious excursion boats and trains , were
arriving All morning.
To Miss Dollie Evans, the 10 year old
daughter of Naval Constructor Holden
A. lcvans. the builder of the shlD. Ten
the honor of christening the oolller. She
occupied a conspicuous place on . the
platform wun - captain u nomas , a.
Phelps, commandant of. the navy yard.
Governor Glllett and other dignitaries.
Just before the ship slipped down the
ways to make her maiden dip in the
waves, the little girl totted a gaily
decorated bottle of champagne against
the sides of the boat, crying, "I christen
thee Prometheus."
, Following the launching brief exer
cises were held and addresses were de
livered by. a number 1 of prominent
speakers. Governor Gillett's subject
was "California's Interest in the
Event" Naval Constructor Evans fol
lowed with an address on "Shipbuilding
at Navy Yards." J. O. Harron. of the
California . Promotion committee, dis
cussed "San Francisco's Relation 4 to
Mare Island Navy Yard.'-- and Walter
Mac Arthur .apoke , on "The Builders of
Ships."
- Following the exerotses, lunches for
3000 guests was served by. the clvio
organisation of Vallejo at the navy
yard buildings. The visitors were then
snown over the entire station. ; ,
Oood eoord in auUdlaff.
The Prometheus and her sister ship,
the. Vestal, built at the New York yard.
are the first two fleet colliers ever built
by the government. Each cost ii.ouu.
060. The keel of the Prometheus was
laid on October 1$, 1907, and the vessel
Is today 90 per cent finished. She is
nearer actual completion than any other
government vessel ever was at Its time
of launching!
The collier Is 450 feet long, 60 feet
wide and 85 feet deep. It has a cargo
capacity of 6500 tons and 7500 horse
power, giving a speed of 16 knots when
fully loaded. It will be armed with a
battery of four three-inch rapid fire
guns and will carry 11 officers and a
crew of 162 men. It has been built
particularly for use as an auxiliary ves
sel to accompany fleets on distant
Ctll llMSBt
Secretary of the Navy Truman H.
Newberry1 sent to the launching exer
cises today the following telegram of
congratulations:
"The department takes this occasion
upon the launching of the Prometheus
to express Its appreciation of the ef
fort of the officers and men who by
their Intelligence and devotion to duty
have contributed to this event, which
demonstrates to the world- the capacity
and resources of the Mare Island navy
yard."
FEAR CLANGING OF
FIRE ENGINE'S BELLS
Residents In the vicinity of
Twenty-fourth and Kearney
streets have petitioned the coun-
ell not to build a fire station In
that neighborhood. They offer
to buy back the lot purchased 4
by the city for that purpose,
agreeing to give 14200, the pur-
chase price, for it.
Among the reasons, set forth
why the station should not be
established are that the nerves
of the sleepers tn that select dls-
trlct would be distracted by the
unusual noises incident to fire
calls: that their peace and quiet 4
wouldt be disturbed and that
property values would depreciate
$100,000. The petition was con-
eluded with a prayer to the
mayor to heed the golden rule.
LIBRARY ASSEMBLY TO
BE HELD WEDNESDAY
CHARGES OUR
HIT HJMJHJ JAW
Fellow-Roomer. Says the ex
' School Principal1 Knock-,
ed Him Down Stairs.
ROYAL ARCH MASONS
TO HOLD BANQUET
The whole top floor and reception par
lors of the Commercial " club on the
seventh floor will be thrown open to the
members of "Washington chapter No.
IS, Royal 'Arch Masons, at their annual
banquet tonight. Covers will be laid
for over 400 guests. .
H. H. Parker, K. P H., is the toast
master for the evening fend he has pre-
fiared a fine program of speeches and
etters. Governor Chamberlain-and H.
W. - ScOtt were - to - have ; spoken to
night, but owing to business in the east.
Edgar Milner, a former public school
frinclpal, and at present a teacher In
he night school, was charged In a com-
f lalnt sworn out in the municipal court
his morning with assault and battery.
The complaint was sworn out by J. H.
Voltas, a roomer in the Nickum house,
889 Sixth street, where Milner also
lives. Milner is said to have assaulted
Voltas because he opened - he house
mail box.
Voltas says that the landlady asked
him to open the box and distribute the
mall, and he did so. He found a letter
for Milner in the box, and when he
handed it to Milner the teacher ques
tioned him as to how he got It One
word led to another, and Milner, so
Voltas says, struck him In the Jaw and
In the chest, knocking him half way
down a flight of stairs. Milner will be
heard in the police court Monday morning.
have sent letters which will be read. A
full orchestra has been engaged for the
The ; program of speeches la as fol
lows: ' " .
"The River Route," Professor D. A.
Grout; "The Symbolic Teachings of
Masonry,' E. O. Jones; "The Harvest
Festival.' H. B. Adams; "Song,"" Judge
S. Bullock; "Masonic Building Mate
rial." Professor J. H. Arkermnre "Tha
Spirit of Masonry. Dr. Norris R Cox;
"Masonry's-Prieathood,! -Judge Charles
E. Wolverton. '. . '
(Special IMipatcb to The Jotira V
Pendleton, Or.. Dec. 6. Next Wednes
day evening the first public step in be
half of the new library will be taken,
when an assembly will be held at the
ormnrv. The affair will be under the
auspices of the library campaign and
it promises 10 be a pleasant occasion.
Miss Cornelia Marvin, secretary of
the state library commission, will be an
honored guest. Miss Marvin Is an en
thusiastic friend of the public library
idea and Is also a charming speaker.
During the evening she will tell of the
need of an Improved library in this city
and in a general way will give local peo
ple the benefit of her experience.
According to the ladles, the meeting
Wednesday evening will not be in the
nature of a "donation party." No re
quests whatever will be made of those
who attend. The ladies have other plans
for raising the money that Is needed
for the equipment of the library.
DAVIS DEFENSE TO
OPEN NEXT MONDAY
Th Policyholders Company
Homo Offioei
OORJWTT BOELDDra,
L Oner FtftA and Herriaaa II wits,
FOBTULND, OKBOaX.
f A. t. MILt...TTr...... .PrealdsBl
SAVTUEL. .....Oanoral Maaatet
CLAKKNCB g. tAMUEI Asst. Mft.
(United Prett Letted Wire.)
Omaha, Neb., Dec 6. But few were
present at the morning session of the
trial of Charles E. Davis, accused of
having killed Dr. Frederick Rustin aa
part of a death pact entered into by
them with Mrs. Abble Rice. ,The con
clusion of the testimony of Mrs. Rice
left little of Interest In the day's pro
ceedings.
The defense will endeavor to establish
n nllhl Davis will not take the stand.
his attornevs declaring he told all he
knew at the coroner's inquest.
Mrs. Rice is being held in Jail to
await the outcome of the trial. If
there Is a disagreement she will be held
for the second, trial as the prosecution's
Mr WHIIBM.
An adiournment until Monday morn
ing was taken at noon. Twenty wit
nesses have appeared on me stand. Bev
enteen are expected to testify on Mon
day. The -case may go to the Jury
Tuesday night.
ELKS' MEMORIAL
SERVICE TOMORROW
Dr. Franklin Baker of Colorado
Springs- will deliver the oration at the
annual memorial service 01 me fort
land lodge of Elks In the Taylor Street
Methodist church at 2:30 tomorrow af
ternoon. The eulogy will be delivered
by George L. Hutchln. AH over the
United 1 States members of the order
will hold memorial services tomorrow
afternoon.
The officers who will have charge of
the services In this city are John B.
Coffey, exalted ruler; W. R. Apperson.
esteemed - leading knight; William
Adams,, esteemed lecturing knight;" C.
M. Bills, secretary; E. W. Rows, treas
urer; K. K. Kubll. esquire; George U
Hutchln. chaplain: James Anderson, In
side guard; T. E. Dowling. tyler.
Qua C. Moser will deliver" the memor
ial address to the lodge at Heppner.
while another Portland Elk. A. E. Clark,
will speak to the Elks at Vancouver to
morrow. :, . ,'i' ...
Is Best for Oyegonians
According to army surgeons, the mor
tality among the natives ef Alaska Is
greater than among any other primitive
race with which eivlllxatlon has come
In Contact. Anm nrlnntnalW A hiluimi.
losls. trachoma and othsr infectious dis
ease
CHAUBERLAIil AT
H WHITE HOUSE
Callaon President With JvN.
TealGuest of Com-.
- . missioner Lane.
of the gevernor -who live here. -Chamberlain
and. Teal were guests at dinner
last night or jrranklln K. Lane, ttnter
a-toA PnmWiaMtA' mini mrt I aaail sn At
The average . yield of an orange tree
during Its Hie Is about 20,000 oranges.
(WaahlDt-toa' Bureau of The Journal.)
Washington, Dec. S.-r-Oovernor Cham
berlain antt J. N. Teal at the White
House today , paid ' their respects, to
President Roosevelt. Chamberlain has
been the recipient of much attention.
His daughter, Carrie Lee Chamberlain,
is a student at Virginia college at Roa
noke, V a. Bhe arrived here last night
and will remain several days as the
guest of her father and several relatives
D. Boardman Griffin, M. D.
yw Iptelsllit
. 3 on , Drag ,' addlc-
V: 4 tion and Aloo
j I holism (formerly
of v Salem, Or.)
c a n n o w be
4 found at 638 "W.
hi Salmon st. (near
King), Portland,
4 or, who - cures
2 the habit or dis
ease In two days
witnoui . pain.
Can resume for
mer v oc a 1 1 on,
thoroughly well.
In' from 10 days
10 tw weeks.
No money until
patient is satisfied he is cured. Phone
main oiiv. . . .
pig m,i)f"
v,rr
9 v a
1 v i
'30EU:
m
ALCOHOL a Pr.B
AficfablePrpranifinnrnrie.
similarly tteFbotfanrinedu&
iuiguiauTJitaitoaimj3owlsof
ProirwtcsDiHonilferfiH
ncssamresaoniamsntittei
Omumarphlne nxMoeraL'
WOT Ji ARC OTIC.
"sssrggl es WSraaHaBBB,
(ninYlnlliillin
For Infants and Children.
The Kind You Have
Always Bought
Bears
Signs
AdtfieUtt
OonM Sugar
hmOnpumilrm'.
MMaaaaeBSjraTBM tiaasjai
Anwfcri Remedv fnrfimsflDI
Hnn . Smrr StmaTh.Dlanta
Worms jConvalsions Jewnsfr
ness andLoss or Seeep.
licS'uiiSe Sitfnaiure of
NEW YOBK.
buaraMead under 1
Exact Copy of Wrapper
1116 AnV
iture x AM
iV
h& Use
I I. IT
1 1 u i-nr iiupr
a I Ul VIUI
Thirty Years
' thi oihtaus usMt Htw vats err.
A Christmas!
Without 7 decorative ( lights
of some kind is ; like a. rose
bush without any v blos
soms. For that- reason it
has been the.:cusionilfroni(
olden times to adorn the
Christmas tree,, which is t
the center of i the Christ-
J mas. festivities, with sparkling lights tov increase' the t
j brightness of that happy time. '
ilar,,.oHheg,acoI
Z of the backwoods, and to cling to th-em were assen
sible as to insist upon using the flint (and steel of 'our
forefathers. "Avoid the dangerous, dingy, dripping,
candles, and over the green boughs ' hangr sparkling,
electric lamps of any' desired number of colors.' Their
t cost is saved in one Christmas'by avoiding the, dam-;
age done to carpets and cloAhes by candle grease. - ?
t Complete Miniature Deaorative (Outfits suitable
t for this form of decoralion may be obtained, which
are simple, safe and
flexible, and adaptable
i for decorating dinner
laoies, eic.
The cost of such
outfits is $10.50 for,
a 16 lamp set, and
$12.50 for a 24 lamp
set,
!
PORTLAND RAILWAY,
LIGHT & POWER CO.
147 Seventh Street
Bet. Morrison and Alder
Phones: Main 6688
- A-6131
V
ataLliQ.OWtlXI
t lETRlGV?IPlSTrUS DlCOWIOsV
ecj5uraroiirTEt,"t:tO'SON.ouTriTT
'
'..'.if '.; T
,
'?!!l!?,,l"IMII1M''aa','W,?lw -"wiyajWalWWsi , (s.-i(tsj Aam.iv-. . -, . .-.-jm. a ,
" " "' tin i - .- o..- ' ' jm ft. -- i ii i tail (1 rCi 2 '" "
ili.,. Kir. i 1,1111,.,.. ,immmm MtfcjlSi m mr m: 1 i I . .. . JIT " ii
.j&z?- j it j . 'Vl r-- - -J::';
.. .-.i-,..-m.i'Ti ..T2i S l: T . -. "
-aSa? I ,i "" ' "i
"'""S rr- .
STNICHOLAS
MAGAZINE
1
5.
t, w n'-at-v- 1111 1,1 VW,
f MtsWfc.-earft.W- . .
aT,.' '-4
t T .... . . --.-. .ill - l
LET YOUR CHRISTMAS GIFT BE
A YEAR'S SUBSCRIPTION .TO ST. NICHOLAS
The Best Magaane in- All the World
for Boys and Girls
and let the children have the benefit of this fountain of cheer
and good reading and good art all through the coming year.
GOOD READING U n absolute essential in a Do yon realize what StI . Nicholas will do for your
'I
P child's life. Withoot it there can.be slight progress, f chUdben ? '
' GOOD - READING sthmdates , the imagination, inV-T IT EDUC
'oV'
imagination. inV f 11 UUATb that a one thingtt does, and another ' .
plants higher standards, and exerts a refining influence fa implants high standarda, of living, helps - to
that can be seenred tn.no other way. - I j, . T- nuapin pw wu ntq, sat wen, v;
5 - GOOD J READING f prorides the happiest honrs of v' .."J, ,;; 7 ;i.',',i''"' Z
2- childhood while laying the fbundaUons of character. November and December numbers, free
j 1 ' ! I. J TL ii - wiin a jear a suusenpuTO oeginning; witn January, isiis. -
wuici uiuuuo a , jrw auutci iiuuii iu nxirteen narebers for
the price of twelTe.- You can ha!
Santa ClaUS S pack. ' Remit $3.00 to U Or . thesa twojfree numbers (beginnta toe serab) and a hand-
l atL i ; 1 IT snbsonption certificate sent to yo to pre at Christmas
SUDSCTlOe inrOUgn your DOOKieaer. . the magazines from January eo to go direct.
CENTURY CX), UNION SQUADS, KHVV YORK : "v