5
?t?2
Till: HAIL V JOUIIKAL IH
Two Cents a Copy
i Sunday Journal 5 centsj or 13 cent
work, tor Haily and Bauds? Jour
pal, by currier, dcUtcrrd,
Journal circulation
. YESTCItDAT IV AS V?-'
' Tha weather Fair tonight and
Thursday; 'light east wind, ., W
VOL.' VIII. NO. 241
' PORTLAND, OREGON, WEDNESDAY EVENING, DECEMBER 18, 1909 EIGHTEEN PAGES.
PRICE TWO CENTSv ; J""',,1; 9wn
EkM CASE
MMMM
mwmm
N
COURT HOLDS
imnmTnnrHTO
llJUIbllVltlJIO
KING LEOPOLD'S CONDITION -:
TAKES CHANGE FOR WORSE
Defendants GiVe Notice That
They Are Beady to Plead
PHYSICIANS IE:
HASTILY CALLED
Brueaels, Do. II. Thi condition of
King Leopold took a marked change for
th worse thla morning. Tha physicians
Who have bern attending him Immedi
ately were called Into conaultatlon.
Durlnr tha operation performed Mon
day night the surgeons found a sort of
or Aviv Tl'mft Tftlirt, V,X- paralysis of th. Intestines, which they
a.v Ji'V , , aUted
triains my He Ruled
Against Accused Men.
Tn ifcciHinn that sweeps, away all
ih. trhnlcalltles advatfced by tha at
torneya for tha defense, presiding Judga
Bronaugh lit tha circuit wan mum
in overrultfd the demurrer to the i:
Indictments In the caaea of Walter H.
Moore, W. Cooper Morris. Henry A.
Moore, l& E. Lytle and Loo Frieda, tha
i-miuul off tear a anil director or in
Oreaon Trust & Savings bank.
John H. Hall was the only attorney
representing the defendants in tha court
room, and he said that tne aeienaania
he represents are ready to plead at any
time. Judge Bronaugh nxea tomorrow
afternoon at 2 o'clock as. the time for
pleading.- ,
: Considers Every Point
The court gave attention to each
point of tha defendanta in an oral opin
ion of some length.! He specifically
held that the indictments are sufficient
ly olear and oonclse in language, with
out setting out tho particular notea and
securities alleged to have been embez
zled, that the statute of limitations does
not bar prosecution under the banking
act of 1807 until three years havo
elapsed from the datti of the offense.
would eventually necessitate an
other operation. .
The attitude of the publlo toward the
stricken king continuea to be one of In
difference. Little more than caaual In
terest Is displayed concerning the re
porta from the monarch's bedside.
Tha former Crown Princess Stephanie,
who is now the Countess Lonya, la ex
pected to arrive at the palace today. It
is thought she will be received by her
father, the king, from whom aha haa
long been estranged.
COASTERS CRASH
Will LOCOMOTIVE
1 Killed and 14 Seriously In
Beyond Control.
that the legislature had the power, to
fix one date for the act to go Into ef
fect and another for penalties to at
tach, and that directory as well as the
other officers Of the bank are, liable for
reoetvlnjr deposit after the bank be
came Insolvent, provided they possessed
guilty knowledge of the condition tf
the bank.
taken, but it was not seen in time for
directors who ma not ac-i rr "-
plain that the directors who did not ac
tually receive deposit or act in a mln
lstarlal capacity must ahown to have
guilty knowledge or they cannot be con
victed when brought to- trial. Tha state
will have to bring home to Leo Fried
and Henry A. Moore the knowledge that
tha bank waa Insolvent, or they cannot
be convicted. Judge Bronaugh first con'
(Continued on Pag Six.)
HILL TO OH
A OTHER
0
.Work on Line Frorh Vancou
yer, B. CL, to Kootenay
to Bo Commenced.
CDnlted Frees Leased Wire.)
La Fayette, Ind.. Deo. IB. -A flying
dash down a long hill on a big bobsled
today cost the life of Frank Klumpe,
16 years old, the serious injury of aix
boys, some of whom may die, and tha
slight injury of, eight others, when the
aled got beyond control and crashed
Into a Wabash' locomotive.
The boys .haa Deen ooastlng down
the hill over a course that crossed tbe
railroad track. The train waa ap
proaching; wnen tna ratal, trip was
,
I .. . " - .- r it A i
ZELAYA
1
GIVE UP
OFFICE
Consular Agent of United
States at Managua, Nica
ragua, Declares 3Iadriz Is
Dictator's Choice Dem
onstration at Consulate.
King Leopold of Belgium.
PRIVATE DIVORCE
TRIAL AT BOISE
Judge Clears Court Eoom
While an Ohio Plutocrat
Tells His Troubles.
(United Prvra Leawd Wit.)
Waahlngton, Dec. IS. Dr. Caldera,
consular agent of the United Statea in
Managua, cabled today that Zelaya had
published a statement promising to re
sign In favor of Senor Madriz, who Is
reported to be with him at the palace In
Managua. The dispatch also atated
that Madrls apparently 'would not be a
popular choice, and Zelaya's fulfillment
of his promise would probably do little
to smooth over the present difficulties.
Last night Caldera stated large crowds
surrounded the American legation. Hun
dreds paraded the streets cheering-for
.ustraaa ana the united states.
It is Intimated here that Zelaya's
promised withdrawal In favor of Madriz
would not likely be received .with favor
by the United States government. No
statement concerning the proposition
was given out from the state depart
ment.
Dispatches today - say Zelaya ha ac
cumulated more than $6,000,000 In
profits from properties in Nicaragua
he is alleged to hold illegally. Seven
teen trade monopolies on Nicaragua's
Pacific coast are credited to him, aa well
a virtual control of the field of man
ufacture and exploitation of natural resources.
HUSBAND SURPRISES WIFE
for
them to prevent the collision. Klumpa
was caught beneath tha pilot of tha
locomotive and instantly killed. '
Notarial Commissions.
(Salem Bnrean af Tti Jnnrnal.
Salem, Or., Deo, 16. Notarial commis
sions have been Issued to H. A. Thlea-
sen, Condon; A. L. Emmons, Corbett,
and Arthur C. Dayton, Portland.
(United rtass Leased WinO .
Vancouver. B. ' C Da 15. That
James J. HIS Intends Immediately to
prosecute tha building of tha Vancouver,
Victoria ' Eastern railway, connecting
Vancouver with Kootenay by a ehort
Una, Is shown by th calling for tenders
today by tha Great Northern, for tha
construction of two sections of tha Una
lhese are 78 miles from Abbotsford, a
point on the Fraser river to which th
Oreat Northern now operates, to' Hope,
and from Princeton weat to Tulameen.
V, This does not lncluue the section over
the Hop mountains which contains the
proposed eight mil tunnel. Either this
tunnel will be constructed or 15 miles
of hllUcllmblng will be built to sur
mount tn grade. -
several well Known contractor are
hers figuring on the work. They in
cluda representatives of Guthrie Co.,
01 mi, ana nt Welch a- Co.,
Spokantv ...... .
Tl'OJKSTAIfS
WAV BE HADE
Arizona and New Mexico Ad
mitted ' If Their Laws
Are Satisfactory.
' (Cnited Preaa Lease Wife.)
Waahlngton. Dey 15. Chairman Ham
ilton of the house committee on terri
tories said today that Arizona and. New
Mexico would be granted separata state,
hood at this session of congress If they
did not insist on Including in their gov
erning la4e the features that President
Taft haa found objectionable in Okla
homa's constitution. Chairman Hamll
ton atated It as hi belief that tha
Chief executive would withhold his ap
proval otherwise.
-Bolsa," "WttllOL "3KWJ.1 lB.rh dlvsrai
suit of Valentin , A. Winters, traction
magnate of Dayton, Ohio, against Helen
Clegg Winters, daughter of a Dayton
millionaire, waa called for trial here
today. The defendant. Is fighting the
case and sensational testimony is prom
ised. Winters Joined the Boise divorce
colony a year ago. All spectators were
barred from the courtroom by order of
Judge Wood.
Unconfirmed Rumors.;
(United Press Leaaed Wire.)
Panama, Dec. 15. Fragments of wire-
leas massages picked tip by the local
station indicate that marines from the
United States warshlns either have been
landed or, will land today at . itJortato.
Adverse . weather conditions , prevented
th full text of tha messages from be
ing learned. Another dispatch Indicated
that Managua Is still In tha hands of a
mob and that tha people are clamoring
for th overthrow of Zelaya.
More Unconfirmed Rumors.
(United Preaa Leaeed Wire.)
New York. Dec 16. Unconfirmed ad
vices from Colon Indicate that tha long
expected battle between the Insurgents
and Zelaya's troops in the vicinity of
Rama la taking place today. The revo
lutionist arrteporta"to hava taken tne
Initiative, for the first time In more
than a week, and to have precipitated
tbe engagement,
Four machine, guns and 1000 new
rifles with 1,000,000 rounds of cart
ridges, wnich arrived yesterday, were
m, . . 0 . ir . j 1 uujiveytjG 10 Miram neaaquaners oe-
Thirty SailOrS MarOOned On fore daybreak today under a guard of
several companies or uenerai cnamor-
ro's division. Charaorro's main body la
being rushed to the scene of the report
ed fighting, and was expected to arrive
there early this afternoon. v
A rumor to the effect that an attempt
was made to assaaslnate Zelaya In his
palace ahortly after midnight la current
today. It is reported that Zelaya and
Madriz are virtual prisoners In the prea-
laenuai residence.
IIOIHUEAT
BUT HUGE CAKES;
irty Sailors Mtirooned
Wrecked Boat Suffer
From Hunger.
vf'K.Ov r
r C"
. . 1 air., iv. fionia isroKaw. . . , . , r
-(TWELVE DEAD
(Train Through Trestle-on
Southern Bailway, .North
Carolina Conductor Hero
of Wreck Geoi-ge 'Gould
a Passenger; Unhurt jr y
i'.. T .1 .ft - H .fl-
Mrs. W. Gould Brokaw. who is mttluglrarty last Sunday night,' force me - to
bar husband for divorce in New York. i. em tuwi mi
u 3 Thv.. ... iv,. rn. ana tnree men mai ay. x wu
W.-' . " 1 mm Vll . V,... U U M I , 1 .M 111.,
I uuiies x uu nvi approve vi. miu wu
yesterday. Her husband gave the court
a surprise by Introducing, through his
atorney, the . following telegram from
him to Mrs. Blair, his mother-in-law:
"I have closed my house and am sorry
to say I must sue Mary for a separa
tion. Her act, culminating in a house
approve
I do not know at all. I do not know
the men. She allowed one man to 00-
cudv my bedroom over night, after put
ting "my nurse and one lady In bach
elors' quarters.. Bne rerusea to give m
the name of the men, in spite of my re
quest'
(United Press Leaaed Wirt.)
Charlotte, N. C. Deo. 15. Twelve
person are reported to have been killed
and probably 40 Injured, when passenger
train No. 11 on the Southern railway,
southbound,, moving at the rate of 35
miles an hour, plunged over a trestle
and fell 26 feet into Readv 'creak, four
miles north of Greensboro, today. Tha'
dead and Injured lie. la three feet of
water. ... v. .
The newa was flashed Jo Greensboro
only after Conductor George Cable, the
hero of the wreck, had dragged himself ,
nearly two miles to a station, thoughr
one of his legs had been broken. Phy;
siclans and nurses with medical sup
plies war immediately put aboard a
special train and rushed to the scene.
George Gould and his son Jay were'
on the train, but escaped , without In
jury..: :-'' ' Mt.'yAy At 't
: Ust of Victims.
The engineer and fireman are among
the dead It Is feared some of the vic
tims were burled under the wreckage In
the bottom of the creek,
The following ; are among those re.
ported killed, according to a messago
sent by wlr from here to the general
office of the ' Southern railway In
Washington. D. C. .
JOHN A BROADNAX.1 Greensboro.
A. HQLCOMB, Mount Airy. N. C.
EDWAKD. SEXTON, Denton, N. C.
A, P. CONB, superintendent of the
ftrehmOnd division.' ofvtho Southern"
railway. , ' ' .
f D. C NOLAN, Pullman conductor.
C. H. WHITK, traveling auditor. .
Flagman, name unknown. .1 . . "
R. H. Russell, '4 private secretary' to
George Gould, was badly injured, sus
taining severe bruises and; being: hurt
Internally. Jay Gould was - slightly
bruised. . -.: . v..:
GE ERA
innn
HUUU
of
ROCKEFELLER GUT
I DRUG STORES
RUI
Lays Tlans to Kcap Double
. Profits From Oil, Is
, - the Kumor.
(Unit Piaaa i ti WlrO
Chrcags D. II That John D. Rock
efeller contemplate establishing a
chain of . drug storea throvghoat the
country I tha tubatanoa of a rumor
current la wholesale circle bera today.
Masy of tbe by-products In oil prepar
ation are tUls4 la tbe drag trade. Ad
th Itaadard masnat Is Mt4 t have
'laid plata l-r mara f wr lch" h r"n
t res dnM r-rtf:t In Ills ntur.
A', -clJr-el I b irr)t!nt
Ric kf Cr bare -n lfive!t atlrf
rjai5?!lnB 1 trtnr rr lt,e Weat rlUr.
ar.J have t rrtia'lrc fer tl pr-rf-.tM
t-t re'all '"r. W .! ttr r
t ti a J'", it tr we 1 TV'e'-
e r.'T- ' r'.fr tnt i"'t
If
Captain Tappen at Mare Island.
(United Preaa Leaaed Wire.) -ValleJo,
CaL, Dec 16. Captain 3en
jamln Vappen, the newly appointed cap
tain of the Mare Island navy yard, ar
rived here today to assume his duties.
Captain Tappen Immediately relieves
Captain Luclen Toung, who has been
ordered home to ' awal orders. Under
th plan of Secretary of the Navy
Meyers, which has already been put Into
effect and which conaolidatea many of
tha departments at tha navy yard. Cap
tain Tappen's assignment Is very Im
portant. ,
(United Preaa Leased Wire.)
Port Burwell, On U, Dec. 15. Ma
rooned on the car ferry "Ashtabula.1
which -went ashore on the shoal near
thla city,' 30 sailor are suffering se
verely from hunger today. The only
food they hav had since th ferry' was
wrecked early yesterday has- been
huge Christmas cake, baked In the mod
el of th boat, which was made several
days ago. .
A life saving crew is lying ready to
go to th rescue should the ferry show
signs of breaking up. Heavy seas are
still running and It was decided to make
no effort to reach the stranded vessel
unless It became absolutely necessary.
until th water subsided.
I II
L
SUCCEEDS BELL
Secretary of War Names
Him Chief of Staff
of Army.
New Corporations.
- (Salem Barean af The Journal.) '
Salem, Dec. 15. Articles of incorpor
ation were filed In the office of the sec
retary of state tfday a follow:
. Three Pine LSmber company, princi
pal place of business, Portland; capital
stock, IJ0.000: Incorporatora. E. A. Mil
ler. J. D. Cook and O. A. 8teeL
Gibeon-Dolin Wedding.
Concord. N. C. Dec." 15. Many per
sons prominent in society in Richmond.
Baltimore, Washington. Norfolk and
other cities of the south came to Con
cord today to attend the wedding of
Miss Emily Mag-ruder Gibson, daue-htef
or KoDert E. Gibson of this city, and
Kicnara 1 uoble of Norfolk. The brld
a member of a prominent southern
family and a niece of Miss Julia Ma
gruder, the Virginia authoress.
YEAR'S PROGRESS
TO BE REVIEWED
BY THE JOURNAL
TELLS WHY ANGEL '
CITY S ENJOYING
QQOP GOVERNMENT
reeHbln 'how th machine politi
cians of both parties Joined hand un
der th nam of rvarular Republican,
nd bow all the rtclou element of
th rlty flocked ndr that banner, a
blahop of th fnlie-d Brethren church
lell below of tha triumph f the Good
Oex-wrmoetit force ta the vacant ! '
Uon at Lo Angeles. How, under the
operation of th recall, Lo An f -lea ta
w enjoying tha bt government 1
her fclttorr; how tb primary law.
Irfnigh d!s-tastefi'i ta "aBclilne" poll-
Urhma, is prlred by all sr9l. c!tlr,a
and hV crt!n fw eat ol from
tx Art-a and published I Portland
rUfii ta th nperattoa, of th H
fery taw aa "X at el " ta the degre
-t wlrg truthful arc tntereatirc
f torn f th narratlv. r
Tr letter t -r P'.aVf, WiiB M. 1
;l tf it t'ti-M T-tl,rn tvrth. a!
r- 1 r ti''a f 'rt'irr. ar.4
r'r r"a tf t .-ff ru I a t
:! f : j
L Anrelea, Da. I. To th. Editor
of Th Journal While In your goodly
city- soma day ago th dispatch pub
lished la th Dally Oregonlan with data
line at Los Angeles aa duly noted as
alaa your reply to th mlarrpreaenta
tlea which that telegram conveyed.
. it la untrue .that tar ta a wide
spread fee-Hag of dlaguat felt- by our
rltttens toward tha provlslo for fiom
tnation of rlty cfTlctala by ths direct
vtHm of all th cltlsea rather fhan aa
formerly, by th dMvgated rooventlons
of tb aereral political partus.' - With
out aay quevtloa thr arc worn peopl
wh ar (Haroated wltd th primary
law. trot thy ar th perl who bare
t a accustnmd t control tKtmlna
tk afd eWtlone throogh the polit
ical "mrh!n whirli has ra the
dV for wiaay yra. There ar rlt.
' f Ie Arelea we fcars be
jiat-t" fart'rnilata rrty ror vm t f 'ne
--f .,w--it r i that r rc-
t
The end of the year Is almost
at hand the aeason when w all
eum up the" achievements and
failures of a twelvemonth and
strike th balance of progress.
Not only la thla practice suitable
for persona, but It la of equal
application to municipalities and
commonweattha.
December 11. ItOf. will find
th city and etate farther ad
vanced on th road to a Greater
Portland and a Greater Oregon,
Tbe year's cloa la an admirable
place to atop and review th
progress made.
As a material aid to thla pleas
ant task, th Tear's End edition
of Th Journal will be found ln
coraparabla Within Ha pares
will b found such data as rata tea
t the year advancement In
condensed, readable fens. Ia th
compilation of thla matter, th
greatest ear ha beea exercised
tn order that th thousand of
Journal readers all over th
northweat may b assured of Ita
accuracy. Picture, statistics and
articles alike have bees selex-ted
amd prepared with th watch- "
word quality ever In view.
Neashojs will bar ceplcs f '
the Tear" a End Edition for sail
t th price tf two cent Frt- .
day evening. Doraantwr IL Aftr
that cople e b . secured,
wrarped aad ready fcr mailing,
fcr five ce-.ta.
(Called Preaa Leaaed Wlra.t
Washington, Dec. 16. Secretary of
War Dickinson today announced the se
lection of Major General Leonard Wood,
now commander of the department of
the east, to succeed Major General J
Franklin Bell as chief of staff of the
army. . General Bell will retire next
April. He has been chief of ataff since
April. 1906.
BUTTE SWITCHMEX
RETURX TO PLACES
AFTER CONFERENCE
(Halted Preaa Leaaed Wlra.)
Butte. Mont., Dec. 16. As a result of
a conference between representatives of
the striking switchmen employed in the
Butt yards. W. M. Clark, of Indlsn-
apolia, vice president of th Order of
Railway Conductors and Robert Mcln
tyre. of Loe Angeles, vice president of
th Brotherhood of Railway Trainmen,
40 atiikera returned to work today. The
Amalgamated Copper company's local
mlnea alao resumed operation this
morning wltti a full force of 3000 men.
IIEARLjf OIIC
HE HOLDS
All :
THREATENS JAIL
Los Angeles Policeman Shot Negroes 'Accused, of Crimes
in Liuei, UUb lapimes uujcli.ui ouanuce vu-
His Assailant. lzensVWrathr
Los Angeles. Dec. 15. Though shot I Osceola. Arte., uec is. Tn- siienrr
through the right hip- and seriously I and a large fore or deputies ar guard-
wounded Dy an uniaeniinea man eariy j
today. Policeman E. E. Sanders arew nis
revolver and after a olstol duel cap
tured a man who It waa alleged ty San
ders shot him. The prisoner refused to
give his name or speak regarding thai
affray.
Weak from loss of blood, th patrol
man succeeded In drawing his captive
along with him for a distance of a block
to a patrol box near Seventh ami Mateo
etreeta, where he called up the central
station.
I'm bleeding to death. I hav been
ahot. but I have sot him at the box. If
rou can -rush-help I will keep htm.
Send help quick, and bring a doctor,
he eald.
Half an hour later the patrol wagon
nulled up. Sanders still held his si
leged assailant captive. When the
guards relieved him be dropped to the
sidewalk in a swoon. He was so weak
that he waa unable to give a coherent
statement of the shooting. Sanders was
taken to the receiving hospital, while
nls prisoner waa placed In the city
prison.
PORTLAND MAN CAN
SOLVE MURDER OF
F. A. ASH IN CODY
ing the jail, ready to repulse. a mob
which is marching- from Shawntee with
th announced intention of lynching aix
negroes held here upou charges of bar'
baric trueltles. . .' , - ..-v
It is alleged that the negroes had an
organised gang -for the 'purpose of at
tacking white people. - Among their al
leged victim was a Mrs.- Cummin,
who was .wrspped 'In a feather bed,
which was Ignited, after her house had
been robbed.;
' One white' matt was dipped into tha
Icy watera of th Mississippi river and
then thrown Into a big tub of boiling
water. . ."' :
Th six negroes Incarcerated her ar
alleged to hav - been -. responalble for
many other depredations.' Th sheriff
has snnounced his intention to fight If
necessary to keep h mob away from .
th jaiL - 2
HEHEY TO IME
LECTHRETOUR
: s- ' ' - ' " -
Will Make Arizona Town i
and May Sign Contract
With' -Lecture Bureau.
W. W. Rucker. a Portland man. holds
th key that can dlaclo to the public
th detaila of on of th most das
tardly crimes aver committed in Wyom-
n. f. A. A eh, a drsgatat T Cody.
ffro. was killed with a. a hot run which
had bn placed In tach a position that
when h opnd th door of his room
ha waa shot.
Frank Harding of all Tamhlll air-M.
1 eld friend of A ah, is In Portland
bine far Rucker and hope that
within a few days be will succeed is
finding him.
Tb gan whrh flssred In th W"
was formerly tb property of Rucker.
woo wld tt shea tie left Cody some time
aga 'o on hat Rucker know a to wbw
h sold tb gun.
- With tte nam of th enan 'to whom
M hold tb r-ia lmra to th poltr of
Cody, tt la 1 4 -vent that it wt'l rm-
raratlveiy easy to ferret nt tba gvl.ty
tj-:a
rrrn-k !"jrfg ffliM a 'r-"i;
from th district attorney at Cody tell
ing him of the details concerning the
gun. Apparently ther ar no cluee ex-
cept the one furffiahe-4 by tb gua, and
Harding Is emetlr hoping that h will
ba able to find Rucker. , , . -
Ash waa shot Tuesday morning. De
cember I. Ash was tb first oo to
rater the room and received th full
charge of tb shotgun la bis stomach,
Infilctlr.g a mortal woaad. Ms was able
to drag himself down onto tha street
and to a doctor's horn a bktrk away.
but aotfcing could b done for htm-
I rowi ram rtn ataiemeota tt wa
foead that A ah waa ard to fe mar
ried la Ma , Dorothy Newton ft Cody
aad all bis, property was left to er -e-
ewrdtng to not a aa oral and wrf 1 1
ailL It Is thoaght tiet trJa fact. co-
e-te1 with tHs fact tfcat K waa A
rorcjd Mi 1ej at Ffona fak. Ia
mar Mil ta4 awmatMra- ta 4o wth tv
a c p.ve ia '
i ? p- ' r , f ifce
Tttoaon, Ar!s,.Doc. II It I tj--tM
tbst Francta J. Hny. who haa b"i
nggd for th past two years aa ar
cial procutor In ' tho -.' I 1 r'l
e at San Franciac win start on a
lecturing tour through this auto alt ! 1
feW dsya Arrangements ara twirf
max! for a tosr irteri -ru .
Globe. Doilaa. a l I t "
Th Vaat Wtur aKI ba d!'r4
tint for Her to rtmra ta Mi I Mr.
ctav-o befr Cbriatma.
It t known alao that Hr r '
Ar ae'Vs rria4rii'n
for oatendd Wiore t -. h
antrr of 11 iw t-"i
ahort'r prrare a ae-i-a .f a'! - '
iraraiin pi l.cat' a - ,-s :
jraft as tea 1 on. It la t
A f "er f-n " 1 - f t - - -