THE OREGON. DAILY JOURNAL, PORTLAND, FRIDAY EVENING, AUGUST 20, 1809.
LEGAL
OEHIilNG
CLOSE
OFFTRESTLEI
luLLo IIIUotLri
James Harvey of Beaver
Creek Threatens Cum
mings; Shoots Self.
' ' (Special Dlspatca te The fMraaL) 1
Oregon City, Aug. to. Becoming I
erased by excessive drinking.- James
Harvey threatened the Cummin ks family
of Beaver Creek with a revolver last
1 AUTO 10
DEATH
Harriman ' Ownership of r.ftiUn at Seattle Takes
ii. ;.-. T. Harvey, who Is a Scotchman, had been ' x.. A "n-,,
a resident of Beaver Creek since
January, and was employed ' at
Inst
the I
the Southern Extension
' j j ' ' ' 1 J VsaaisBvi'. siau . w caa . sjuiyiv . .w
RtaTldS Admitted -COttOIl Shannon sawmlU till 10 daya ago, when
DbtLUUa AUlUlcn,vr vyivm ,t WM ieaBed b j. B. Cummlny. Since
Would Have Disinterested 0rWmm
Engineers Check Surrey.
Sharp Curve Over Bay at
4-0 Miles an Hour Four
Women and Driver Dead
Two Bodies Recovered.
t
Deschutes Cm Ysaxlntf Sad. ,
Cotton admits Harriman own-
erihlP" of Souther Extension
ral)wajr.' . . i :
Says purposa of .- nraotsation 4
was merely to bold, right of
way.'.:'-' . ' ' '! . '
Offers to give tip west bank
of Deschutes river If fuarantoed 4
permanent possession of east
bank or Southern Extension 4
rlitht of way. ' c;
Declares preliminary Utlga- 4
tloa will stow Into sxfended
.lawsuit. , .
Attacks Oregon t Trunk affl-
davits' truth and the motives for
producing them. -i ' "'
Declares no part of Oregon
Trunk survey U accurate and
that this fact Is known to engl
nters who swore to Its accuracy. 4
drinkin heavily.
Yesterday- evening' after supper ha
became violent' and, flourishing a re-1
volver, ' threatened to kill all the In-1
mates of the Cummtngs household, I
where 'he was staying. As soon as he I
had the chance, Cummtngs slipped out!
to leiepnone .to -ttneriir ueeua in 101s
ottr and. noticing bis absence. Harvey I
ruaned out into the yard and. turning 1 sons are dead as the result . of an auto
tne muzile toward Himself. Dulled the I mobile accident which occurred late
tngger. The shooting occurred at about I last night when a tlg Wlnton .touring
i:z ociocK, and a Oied at :se this car crashed through trie railing 01
mnlred PraM Leased Wit.) . '
Seattle. Wash., Aug. 20. FIVa per.
hrlrtre. at Dtulinui'i Curve." near
Fourth avenue south and Andover street,
and plunged Into the bay. carrying Its
occupants to death In the "water. The
dead: ""'
MRS. H. M. 53ROTHB. J years of age,
Vancouver, B. C. - - -MRS.
J. COLVTN. , It " years of age.
Vancouver, B. C.
MiSa UUWAW, it years 01
sge, sister of Mrs. Colvin. Vancouver,
. . . , .. . . . ... .
MJBS MAGGIE FAUX zt years 01
age Vancouver, B. C.
1HA rAKHl or Beanie, wasn.
Th bodies of Parrv and Mrs. Grothe
nd Miss Cowan were secovered, flbat
Ing, about 1 o'clock this mornwig, some
distance from the scene of the wreck.
Efforts are now In progress to recover
the bodies of Miss Paul and Mrs. Col
Tne automobile vas pemg driven dt
Ira Parry, former proprietor of a care
. Well live bv the knife we'll Aim hv I v. ! i.. i ,v, ..ninl. tn tai,
uie anue, - opservea w. w. uoiton yes- the oartT. which. In addition to those
morning.
Harvey was about IS years of. age,
and a native of Scotland, where he said
he nad a sister living. He also has a
brother residing In the state of wash'
tngton. Coroner. Holman, accompanied
by Attorney Gilbert JB. Jedges, left this
morning xor me scene or the suicide.
aismterestea engineers to ' check no.
both the Deschutes ..railroad and the
Oregon Trunk surveys, then make a
report wmun saould lead to a r nal ail.
justmeni. -
DECLARES HARRIMAN
IIAS NO GROUND ON
WHICH TO INTERFERE
terday explaining the program that will who met their death; consisted of Miss
be followed by the Harriman Interests Mary Paul and Miss Katie Hlscoek. for
in the event thst his plea for a double a , trip into th oountry. The women
. " in eoneludln '"Junot'on covering contested points be- were all members of a delegation from
When James B. Kerr, in concluding tween th, Oregon Trunk .and -Jhe De- Vancouver who were here attending the
bis argument for the Oregon. Trunk schu tea Railroad company In Deschutes I fair. They were being chaperoned by !
n ir. .r.i Mun this morning. " iw 1 Mrs. t. uox or Vancouver, wno is ai
' . . , . 7 ' -T . tht n ihe expression came as a retort to the the Arlington hotel. She was not with
reiterated juuS f 1 asseruon or tne Mill attorneys, Carey 41 the party last night
the Southern Extension raiiroao, uoiu- .err, inai until tne secretary or tne in- fhsoia oa Ourred SzMtl.
lower east bank of the uescnuies river, ana gave mem nis approval, tne defend
The accident occurred at a dangerous
ton.
to
r.eaeHaVrTmancrVaTurrwrw."cot: -M & th. Tnjunett
Harrlmans chief counsel, sprang to come Into court as a complainant. P0,'41?",?' J".4'- .Sf
Via feet and frankly admitted the . "It Is presumption, pure and simple, ?K?e?.n.?.vTL"?,,.n-J?b?fc 'd-ilei
correctness of tha charge. , wrtnettorneyfor the defense com
"Arid ' he continued, r me toun w 1 nw uw wui 1 ui mo uiuioa owe. ana 1 .
possession of the east slde for the pur oper 'tthout "ow af richtjo tha lt crmshed through the rsil-
poses 01 raurpaa u"'"k,'. (h b7nTolnsa from mrklri on ,ir ! na tumbled into the water. Which
be willing i a" I'Jf D?o Plnt Is' eight or ten feet deep,
west bank, and In this one wpoct glvs proiperty, argued the Oregon Trunk at- Th. aocfdnt occurred with such sud-
S-knM TounW fm WHV." " ... I WmBl, --., ,1.- I . iw.a, l 1 a .
th rkrAirnn Trunk clear way,
But when as-cea or wr. xrrr 10
b, ;. To which Mr Cotton responded with 2iM2,M. v .iP?nT
more definite and formal In hi. propo- -""oj tun IT.Tr,"' T '
u f 'f r r n niiniiTinn ' nT bbmv 1 11 k i "-m-tt vu vw m.va svu
Bl liVUi Wit wwa 4 -. - I J..-. .AgJ Al m . I . ... . . -
that his formal proposition would KUI,UUUU iwniimuj uio uregnn irunKi oy vanvanaor, a Doarman wno uvea
civon coeaual data with the final d- yruuwaiua- lunwr who worn near tne cane 01 tna tragedy, neara xne
. - . . . in A.i t ainnr w rise
justment of the Deschutes litgation.
Clll "I mo iDv..-.-. : . I Inn Knw.cr ,M nnt ,V.. J -
Mr. Kerr Insisted .that tne aiiegauon 1 "i r. V 1'"
. .V,. Uon-lman WUH hill TTUIRt D I I.
' r - -- m om nr th mint fonufn i,nim.i.
contested It miles." Mr. Cot-1 screams of the drowning victims and
hurried to tne rescue in a rowDoat. h
found Miss Hlscoek - and Miss Paul
clinging to the automobile, which was
riii-Xr.irt that lt did not nray fot v on" the most forceful arguments clinging to the automobile, which was
.1 J Sfftnktlvf 'relief and was there- 5eard beIor federal court Attorney wholly submerged, and pulled them in
f5TLaeiieraarrUnent J- B. Kerr, for the Oregon Trunk Rait to his boat After taking the two warn-
fore nof
before
?, tneraeB?to?M Cotton W applying to tho Pca,
case ar
attention to ine mii-nmivu ui r, yn 1 jBBU-
that th. jregon 'i runa is evaaa , wkgt to m1ii W nnr nniOInn
Ktata. and "tilted authorities to !
that althoufeh . Incorporated under
how Mi Mr- K9rr'
DU"W 1 mail, ah, ,n.
laws of Nevada, the Oregon Trunk Rail
road company was. Intended for v, the
construction of a railroad in Oregon,
and was accordingly vested with the
right to proceed with construction as
bad originally been planned, and now
being carried out. .. : :
; - - Attacks Affidavits. ,v
Mr, Cotton spent more than an hour
this morning In an attack upon the af
fidavits of the Oregon Trunk Interests
as presented before the. court yesterday.
He declared thatthe affidavits from
Johnson P. Porter, from the engineer, R.
C. Hannaford, and from the IJyery stable
man at The Dalles had been procured
for the simple purpose of establishing
the Oregon Trvfnk. contention that their
work had been carried on according to
law. and tbat each affidavit was meas
ured so that lt iwouid Convey no more
and -no less of evidence than was desirable-
to put before the court at this
time. : - r: " '
He concluded the argument of. the
morning by saying that -no matter how
the Oregon Trunk affidavits might read
that R. C Hannaford. as an engineer,
knew F. 8- Gordon's field notes are ab
solutely rotten, and there never has
been anay accurate survey made up the
Deschutea river for tha benefit of the
Oregon Trunk,
"In fact." ne added, "the survey ts
so bad that we are unable to go to
work on the places where there is no
conflict because we are unable to tell
where the points of conflict are and
where they are not." . i
; Mr. Cotton also suggested during the
morning that the Deschutes litigation
cannot possibly be concluded without
long and expensive litigation. He pro
posed that to shorten the long hearing
the court should appoint two competent
en ashore. Vanvander notified the police
nd the police automobile and a company
of firemen were dispatched to tMs scene.
Firemen lowered ladders ana crawling
"We came into the field, lout on the boom of logs -on the flats, j
in. victims 01 i
With plkepoles
Vhi made our surveys, procured our rights, began - the jaearch for
then, two months later., the defendant! the automobile rarty
ana xong roas, me iiai in tne vicinity
I0S
800 Acres of the Richest Orchard Land in the Famous
Umpqua Valley Subdivided into 5, 10 and 20 Acre Tracts
We will plant these tracts to commercial varieties of apples, with peach fillers, and furnish scientific care for
three years, until the peaches come into bearing, and at that time turn over a perfect -bearing qrchard. ,
IRRIGATION "is I NOT NECESSARY
This is a natural advantage possessed by only a few fruit sections. Think of the enormous expense Of irriga
tion that is eliminated. .The Umpqua Valley .has an annual rainfall of 35 inches; which 'makes it absolutely un
!tirvrs.c.arv t n ?rrifrat tnr fruit. .!': , 4 . . 1 .. 1 .' . .' .
, J T. O f ... , . - , .
Glimate M
. This beautiful valley has .been blessed with the - three , molt essential factors in . successful . f ruitraising
jrju&iM a x ,ur .w.jxijo.ix., j Vjuimn.iru,,ouiJ -iacxors wnicn maxe 11 possiDie id proauce apples, pears ana
peaches equal to the best; in color, flavor, size and keeping quahties. v , .
This Is An OpportKnityGispiIi:!
You, cannot "afford to pass u a deal of this kind; it will mean money to yott No bother, worry or, trou
ble on your partjust a small cash payment and a little a month. A ten-acre tract at the end of four years
makes you independent for life. Call at our office and let us explain fully our proposition. ,1 - ,
W. C HARDING 1AND COiWPAiMY
CORNLR FOURTH AND OAK STREXTS
W. C HARDING LAND, CO,
80 Fourth St., Board of Trade Bids,
Portland, Oregon.
Please advise me of your special prop
osition advertised in today i Journal.
t ... ....... .......
Name . .
.city....
Street No, . , ..'... . State. . . . ,
Board of Trade Building
Portland, Oregon
V
OmCL OPEN TILL 9 0GLOCK EACH EVENING
. THIS, WEEK :
attempts to oust 'tig from our lightly
held property. To do- so they contest
me legality or our survey, as a mat
ter of fact the survey Is the smallest
Item to be considered. Surveys can be
run In any direction and to any num
ber. Test or experiment lines may
urancn oir irom tne roam line, in cases
where ' there is competition, as In the
present instance, it is not always wise
to let the competitor or the public know
what our exact plans are,
.."But it is the location which counts.
And that location w hava made in ac
cordance with all the law. -Counsel for
the defendant argues the fraudulence of
our survey and reads in support , the
affidavit of 8. E. Oordon, In which the
claim Is made that T. a Gordon com
pleted the survey . which we now hold
In 1906. This Is true, but counsel neg
lects to explain that for the benefit of
the Oregon Trunk railroad, F. 8. Gordon
reaurveyed the stretch of 60 miles un
der dispute, completing his work within
ne aaies prescnoea ny law.
' "Counsel for the defense declares that
we 'have deceived the secretary of the
interior In securing the approval of our
maps. But the secretary of the Inter
ior approved our maos with full knowl
edge of what he was doing. Ths law on
the 'subject reads that what the govern
ment has done, only the arovernment can
annul. No disposition has been shown
on ths part of the secretary of the in
terior to withdraw his approval of our
maps of location."
In support of ths points made, Mr.'
Kerr cited a number of pertinent decis
ions growing; out of cases of a similar
natnre. - . -
The S. P. will give Corvmllis
served $20,000 depot
de-
of hiIaee where the car went down
was v searched, i The tide, was running
strongly at the time ana it was tw
hours later that the three bodies wen
found by searchers In boats, S00 yards
from the scene. Search for the remain
ing two bodies Is being continued this
morning. -Story
of a Survivor.
Miss Hlscoek, although almost pros
trated from grief and shock, . told : of
the accident this mornlnav
- "We were going it a good rate of
speed when we struck something and in
an Instant found ourselves In the wat
er." she said. : between sobs. "I can't
tell just what happened just after that
It was all a Jumble, We struggled in
the water ana were taken out. I can
not aulta collect mvself now: It's too
awful to think about."
Ira Farrv. the chauffeur.' who met his
death, was married and lived with his
wlfa and her .-mother on Warren ave
nue. He was formerly part owner of
a' cafe on First avenue, but . recently
acquired some automobile property and
had ears on the renting stands. He
was considered a good driver by chauf-
reurs.
All of the Vancouver victims of tha
accident are members of highly respect
ed families and were prominent In so
ciety circles there. . t
93500 Fire at Redding.
1 Waited Press Leased Wlr.. 1
Redding, Cat., Aug. 20. A midnight
fire at Cottonwood last nlrht destroyed I
the blacksmith shops of Frank Ruflngs
and Frederick tiiaeers, - and also the
dwelling house of W, H. Addison. The
loss Is estimated at 13500. Th build
lngs were not Insured. -
HOT TRUE!"
; CRIES WOMAH
Mrs. Kate Collins Brought
Into ,Court to Hear
' ; Indictment. ' -V
In the Dining Car,
At Club or Hotel,
And at Home
Taififl(2
Is a tempting, delicious ; food Slways ' ready
to serve. If desired, direct from the package
with cream and sugar, and sometimes - with
fruit. - . - 1 ' " ' '
s .
Crisp, Flavoury, Golden-brown Bits made
from choice white Corn.' - -'
"The Taste Linscrs"
Pkgs. 10c and 15c.
TOSTUM CEREAL CO., LTD., BATTLE CREEK. MICH.
mi
gji.Llmited fj
"It's not true." gasped Mrs. Kate
M. Collins, In a half1 articulate groan, at
she hard ths accusing words of ths
grand jury of "murder in ths first de
gree," read to her in the circuit court
this morning by District Attorney Cam
ron. "'. . : . '"'. r '
Garbed in black and wearing a black
veil, Mrs. Collins was brought .from
Crystal Springs sanitarium this morn
ing In an automobile, accompanied by
Sheriff Stevens, Matron Cameron of ,
the county Jail And her daughter. Mrs.
Gertrude Garber. To and from ths
courtroom, where she was arraigned for
the murder of her husband. Dr. Roy A.
Miles Collins, she had to be supported
by the strong arms of the sheriff, her
daughter and the matron. : convulsive
movements shaking her frame every few
steps.
Every consideration was shown for
the defendant by the court and officials.
Khe was not required to stand while the
Indictment was read, but the district
attorney requested that the black veil
concealing her features be moved back
from her face.1 As this was don she
clung close to Mrs. Cameron and to her
sister. In turn, moaning softly as the
solemn charge was read.
As the district attorney began the
reading and asked if Kate M. Collins
was her true name, she did not answer.
Several times the question was repeated.
Finally she' gave a slow nod and her
attorney, Russell B. 8ewall, answered
for her. As the reading proceeded to
the words, "murder In the first degree,'
she started from-her chair and rose
almost to ber feet witn the exclamation,
!It's not true." -Then she sank back
and nestled her head on the shoulder of
her daughter, scarcely moving while
the ' remainder of tha Indictment was
read. . - . - ' - ' . :
it was a pitiful scene, anneal in ta
the sympathy of all who witnessed It -
Judfre Gatens and - Judre Bronaurh
both occupied the bench while the In
dictment was read, the former sitting
In the capacity of nresldinr tuds-e. Her
attorney claimed the statutory time for
entering tne plea, ana next Wednesday
was fixed as the time when' It will be
received. It will therefore be Impos
sible to set tne case for trial until Sep
tember 7. unless by special arrange
ment. .
The ' decision to arraign Mrs. Collins
this mornlnr was made after a visit tn
her at the sanitarium by Judge Gatens
end uistrlct - Attorney Cameron early
this morning. Mrs. Collins said she
thousht she could - stand'the . ordeal.
but complained of tha treatment she re
ceived when she was forced to appear
tn the lower court. Judge Gatens as
sured -her that every consideration pos
sible woura ds mown, ana it was ae
elded to have her art-aimed at once.
It was almost noon when the automobile
carrying the little party arrived at the
courthouse. , .. .
BYAtf AN ARCHBISHOP
QUARTEK OF CENTURY
Philadelphia, Aug. 10. Many congrat
ulations were received ' today at -the
residence of the -Most Rev. Patrick J.
Ryan to remind him that the day marked
the twenty-rirtn anniversary or his en
trance upon his duties as archbishop
of Philadelphia. An elaborate celebra
tion of the event had been nrooosfd.
but at the special request of the arch
bishop the plan was abandoned and
the only observance was a low mass of
thanksgiving, which was celebrated this
morning in tha Cathedral of St. Pater
and Bt Paul.
Few persons outside of clerical circles
are aware. that the archbishop is Hear
ing his eightieth year, as he Is ha's
and hearty and has scarcely a gray hair
in his head. .He attributes his good
health to his regular .habits of living
and to his daily walks.- No matter what
the weather, he seldom falls to take a
walk of several miles each afternoon.
Fishing on Santlam.
(Bpertal Dlapatcb to The Jooriwl.)
Shelburn. Or.. Aug. SO. -Many hunters
and fisherman from all over the state
are passing through this place for the
vicinity of Mount Jefferson and the
head waters of the North Santlam riv
er. There are several small lakes in the
Mount Jefferson locality, which ar re
ported to be well stocked with the
spackeied beauties.1 '
W03TAN MAY HAVE
KILLED HER BABE
(United Frew Laeasd Wirt.)
Bellingham, ,WashM Aug JO. Mrs.
Thomas J. Qulnn Is la- Jail today where
she Is held without bail pending the
clearing up of the mystery of what
has been dona with her lS-months-old
baby, which she asserts, was strangled
to death by -its grandmother in Oakes
dale. Wash., two weeks aro. lira
Viulnn ' returned last .Monday from a
visit, she says, at the home of her
mother In Oakesdale near Spokane. She
told her husband and tha polio that
her mother had suddenly become In
sane, had overpowered; her and bound
her hand and foot and then had
strangled the baby before her eyes. Her
parent has been sent to a sanitarium
at Colfax, she. say s.-
A telegram has been received hers
from Spokane stating that Mrs. Rich
ardson, the mother of Mrs. Qulnn, is
still In Oakesdale and Is perfectly sane
Bnu urn wnsn jura, uuinn terr lor
Selllngham aha had the child with her.
This telegram set the police, at work
and Mrs. Qulnn was arrested.
Auto Accident t Frisco,
(United Press leased Wire.)
Baa Francisco, Aug. 10.- While speed
ing along ths Ooean boulevard early
today an automobile containing William '
Bean, the owner of tha machine, F, -Picks
of New fork' city, Mrs. E. J. .
Tates and Miss -Stella Shay, both of
San Francisco, ' struck a rook in the.
roadway and turned completely over. ,
The occupants were .hurled from the .
machine in time to escape being erushed
under the weight of the heavy automo
bile. With the exception of Mrs. Tates. V
wh sustalnedr a fractured arm. the
members of the nartr suffered but a
lew sugni orusies. i.
When tha stomach" falls to perform
Its functions, ths bowels become de
ranged, tha liver and the kidneys con-
reated nuilnr numerous diseases. Tha
stomach, and liver must b restored to a
healthy condition and Chamberlain's '
Stomach and Liver Tablets can bed
pended upon to. do lt Easy to take anj
most effective. ' ' 'n .
DR. BR0UGHER MAY
' SUCCEED BURDETTE
Los Anreles. Aug. 10. Dr. "Bronrher
of Portland was mentioned as the choice
of the trustees of the Temple Baptist
cnurcn xo succeed itev. toDert l. tiur
dette, whose resignation was accepted:
It was hoped that" after an unlimited
vacation Rev. Burdette would be able
to return to his pastorate, but a letter
from htm was read, which Induced Jhe
trustees to accept ths resignation and
to search for a successor. -
WFJ G THE
IPMCES
ON ALL SUMMER SHOES i
Prices cut lower than ever. . We must have room imrnediately'for '
new fall styles arriving daily. Shoes for everybody men,. women
and children..v--.v'--f
THE' IFtiLLiiiiii
A small lot of Ladies' White Canvas Qxfords from. pf
the V, J.' Fullam stock, -White and Gray Oxfords andr
. ' Pumps at, pair r.--. I . . V.." V.
Ladies'. $3.50 and $4.00 Black I Boys' or. Girls' $2.00 and $2.66
and Tan Shoes, Oxfords and Shoes or Oxfords,Salso Strap
Slippers, Jan- or patent ; heavy
or light soles. We must have
room, so all go at, (H Af
the pair y 1U U
Pumps, best known "makes, in
all this season s latest last
all go at, the X; ; Af
v .UU
pair
Men's $4.00 -and $5.00 Shoes '
or Oxfords, in tan, black vki,
gunmetal, patent or box calf,
lace or putton style a, shoe
for, every foot, at,
the . pair ... .
S2.50
Children's $1.00 and $1.50 Shoes,: Strap -Pumps or ifT
Canvas Slippers one bis: lot. a eood treat for the Tit-" , r' I
tie ones. They ero at. the bair A . . : ; 01 iy VL
ET-itra Special ! One lot of IVIIogco
- and Childpen'o SiiOca, pciir
.Don't
Mistake
the Place.
12
rrrVs?l?' j . , PRICE G. '
One
Store
Only