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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Dec. 6, 1910)
THE OREGON DAILY JOURNAL, PORTLAND. TUESDAY EVENING, DECEMBER G, 1310. jhhbeb ;oi;iEEisoHi:o DEPOT BE Hi! his, in Substance, Is What Harriman Manager Tells Chamber of Commerce Re garding Freight. Shed. . Asserting that th O.;.. R & N. company will not build an . east side fj icht depot unless the city vacates loriions of east side streets between 0-e tracks now operated by tbe rail road, J. p, O'Brien, general manager of ti'.a O. R. & N. company, with Arthur -. Spencer; attorney for Harriman in t. re sts, appeared today before the trus ts of the Chamber of Commerce and Tit fcnted the railroad aide of the' case i i the face of opposition not only from i tie" chamber,! bat, from the .Taxpayers' ; :;ue and the East Side Business Men's i b. The railroad representatives were s nrported In , their contention1 by Job 1n s on the east side. ! Mr. O'Brien announced that the vaca tions were needed for a freight depot low- and to take care -of rapidly In i ivasing freight shipments on the east tide. He ventured the prediction that within five years less than carload ship ments would be as great on the east Mile, as on the west side. .., Would Increase Its Else. . . Ho pronflsed ! to build a 250 ' foot fr ight house now and to increase its .. He announced the company's in tention to build very , soon a 1309 foot freight depot on the west side Jn con junction with the 1600 root depot now in process of construction. He, said that pist side growth demanded preparations fr business relatively as extensive and important. v. ., ' "A fmncise would not give up any thing exclusive," protested Mr. O'Brien when asked If , his company would not ftc -ppt a franchise for 25 years . rather tii. in the vacations which wJH, give the lailroad i permanent ownership,', of. the I unions of. the streets; which are .de ls i red. , : r 4 t " ' i 1 J ft t Mr., O'Brien made the same kind of a comment when asked if the. O. "R. & X. company would accept a common wer clause 'n the grant from the city. He said that the ' railroad Intends to build a freight depot 250 feet long on the east side. The vacations whic"h are involved are across property 1900 feet lung.',!.' .;'.''"".';''-.,. :' . '.,' "" ''!,.; . ' .., .;. ::' Keed Common User Clause. Mr. O'Brien said that the rest of this ftace is- needed for teaim'and station tracks. He said the vacations of street ends in the -vicinity of . the old steel bridge were an entirely separate propo sition from the vacations wanted in con nection with the freight depot ' East side business men, including Dr. Oeorge B. Van Waters, George Black, M. O. Collins, Dan Kellaher. George T. Alchley and others protested that the vacations -if, made will complete the 1 farriman lnterests-ownershin of a fuH r i and a quarter of the choicest dock Mien on the east side. The failure to nt a common user clause, they sld. "in iurccr hhui oui any ouier , rau- ii ii ucierniinea, m line witn a recommendation from the public docks committee, of .the club. , to institute a public dock 1000 feet long between the I.urnslde ' and steel bridges, then' all access would be cut off by teams and all shippers Would be dependent unnn the Harriman lines for transportation acuommoaauons. s . . .. Wants All Streets Vacated. A map which had been drawn by M. o. vouins ior me public docks nam mittee was submitted to show" the pro rosed location. A belt line railroad whs Included to be so constructed a tn take advantage of common user clauses' consented 'to by the O. R. & H. Co. on! the north and with the proposed ter minal of . the Chicago, ' Milwaukee & St I'aul railroad Oii the south. - A. II. Devers appeared In behalf of of the Taxpayers' league, asking why the railroad company ' would not grant t he right to cross its tracks, to a pnblic tmck. overhead, if the vacations are as sented to. Mr. O'Brien said, that un derground rights had been given lathe ordinances, and that they would will inRly concede the overhead rights al though he could think of. no possible um for them. '.';,. '"'"':'., '77 William MaeMasterl president of the Chamber of Commerce, asked why It would not be possible to vacate every other street, thus preserving to the city Vl Ie(1 BCCM to the water front Mr. OBrien said he would not consent or promise to build the freight depot at the proposed cost of $100,000 unless -all the streets were vacated, Jobbers la Boad's Power. He gave as the reason for the Im practicability Of a franchise the state ment that "any Tom, Dick or Harry could come along and force . t our trains at any one of the streets " and added, "If the vacations proposed do not aid m the development ot ti eaat side X will eat tny- hat" , K. Kewbegin, manager of R. Ml Wade THEY GROW Good XEomot and CaierfalaesB 'ftoat EJgTrt rood ana Drink. Anything that intrf hwlth, is pt to keep cheerfulness and pood humor in the background. A Wash jneton lady found that letting coffee alone made things bright for her She rvur years -ngo i ; was practically given up by my doctor and waa not ex. pected to live long. My nervous system was in. a bad condition. " I T 11 0tt' , "d not want to die, so I began to look about for the cause of my chronic trouble. I used to have nervous spells which would ex. t aust me and after each sneii u ,.i,i take me days before I could sit iid In a "I became convinced my trouble wrs """" u -uiito. .. i aecwea to stoo it and bought Borne Postum. 5.. "The first cup, whjeh I made accord ing to directions, Bad a soothing' effect on my nerves and I liked the taste. For a fine I nearly lived on Postum and ate little food besides. I am today a healthy . 'Oman. ' .. " . - - . . , "My family and relatives wonder If 1 em the tsame person I was tour years fto, when I could do no work on ac oont of nervousness.- Now I am doing rny own housework, take care of two babies one SO the other J month. m 3 mi w busy that I hardly get time to write a Utter, yet I do it all with the t ln-erfulnoKs and good humor that VOTHC3 from enjoying good health. "I toll my friends it is to Postum I my life today." , !;.;!,! "Tlie Hosui to Wfllvllle" In rvr rt-nd the above letter? A nrvt rr inrs from tlrtio to timet. They :;uiae, true, aim run 0f human Proposed Site for Public Docks on East 'Common Vsft '.'-. i i fio Common (sen - i Stre.t3 asked fa e vacated 3 VaiatJ for tridjt yirocA. j i ii ii 1 1 i"l I julj1Lj1j'uJLJ L : " on njpn rf rnnrrin c: ' ' ' ' ' Map shows portion o( the water front in the vicinity ot the O.- R. & N. and Burnside bridges. It Is con-? ' " tended that the vacation of portions of east Bide 6treets as shown would cut off the approach to k avail--y- able free, dock Bites. 4 '!-. ; , ' . ? & Co;,' wholesale farming Imploments, appeared, with other jobbers, to declare that the vacations were necessary. He supported the , representations of 1 Mr. O'Brien that congested condition now obtained on the east side and that this was a great handicap to the Jobbing in terests. , '" ': ";-;ry- . Dan Kellaher. and George T. Atchley declared that the Jobbers were In the power of the railroads, didn't dare to call their souls their own, , and didn t dare to do anything else than support the railroad." " ' '' . . . Action s on . the matter requested recommendation of the dock sjte chosen by the East Slds Business Mens cluB was reserved until Friday by the trus tees of tha Chamber of Commerce. Would Grant Dock Sits. r t5rr,r thA meeflnr of the trustees of the'ehamber of commerce closed th s morning Mr. O'Brien stated that his company would be willing to grant to the city a public dock site-below the present uteel bridge In consideration Of the vacation of the streets which - the company desired for use in buildlngr its Oepot ' .. . - The offer was not taken seriously by the east side business men Who were present at the meeting, they alleging that there would be no access to such a site except on Harriman property or along Harriman lines, and furthermore that tlieerynature of the river bot tom and the bank .at that, point ' pre cludes the possibility of building any dock there. , It was stated that the ran road Interests had found It Impossible to build docks there because of the dis advantages mentioned. MITLEHNER SETTLES TROUBLES jVITH; WIFE s . ': -V'-v '. ; ,.- - - ' --- '' .-.-t:-J--:A Although he filed a sensational dl voree oomplamt in the circuit court a week ago charging bl wif e with , en couraging her 12-year-old girl by a fort mor iTorrim to olaT "What's the Mat ter "With Father" on the piano to tantal ise him. Albert M. Mltlehner has "made ... ... 1X11 . 1 v ,lin. up Willi josepnine miiieimer, uu n' will try-housekeeping again. -: Acting upon the request or ineir cli ent, Westbrook & Westoroog inn morn. Ine dismissed Mitlehner's divorce com. plaint, also another complaint against his wife and Anthony Neppacly In which the wife and Neopacti were cnargeq with eonsplring to' defraud him out of Today It was stated the property has been sold, husband and wife agreeing the proceeds' shall be invested in a rooming house,' which ', Mrs. , Mltlehner will conduct Mltlehner Is a brewmas- ttr at the Portland brewery. , In his complaint he charged his wife with In. citing her daughter .to .pick his pockets and alleging hla wife ran large-bills at. dry goods stores he was unable to pay. They were married In January, 190$. " DAIRYMEN WILL MEET '.' . AT EUGENE ON DEC. 8 (Special Dtopnteh to The Jonrnal.1 F.uaene. Or Dec.- 6. The Oregon State Dairy association will convene at Eugene hext Thursday, December 8, in what Is expected to De toe greaiesi meeUng of that body. Prises to the value of $500 or $600 will be given as premiums for the best displays of creamery butter,' dairy but ter. American cheese. . There will also be several special prises. The program promises to be a very Interesting one, and prominent dairy men from all over tne state wiir oe m attendance. , . ; , , PEARY IN LINEiFOR" 7 . OFFICIAL RECOGNITION rnitJ Pri Lrased Wire I ' " Washington, Dea . That Captain Robert B. Peary will soon receive some token of appreciation from congress for. his discovery of the North Pole is pre dieted. It is intimated that the house committee on naval affairs will soon frame some form of precognition of Peary's achievement -.-, The , sentiment here In favor of Peary. Is growing and it is believed . : that the i president's recommendation mat tne oincer oe pro moted to the rank of rear admiral and retired will -be acted upon favorably Display of Orchard Products. Minneapolis, Minn.. Dec. 6. The pos sibilities of fruit growing In t&is sec tion of the country. are strikingly illus trated In a great display of orchard and garden products, which opened in Minneapolis today in conjunction with the forty-fourth annual meeting of the Minnesota State Horticultural society. Included In trfe display .are many choice exhibits of fruits grown Mn Minnesota, northern ' Iowa; vv western Wisconsin, North and South Dakota and Manitoba, C B, Sneli's TriaJ Begins. ( United Press Leased Wire.) - ban Francisco, Deo. . The trial of U-&finet-nr-ehargea'-f erjury gre w ing out of the trial of Dr. E. B. Perrln for conspiracy, to patenj. public lands fraudulently began today before Judge can in tne united States circuit court federal Attorney Piatt. of the district or Nevada appeared as the prosecutor, ' . ' j ' V' s" f NEIGHBORHOOD HOUSE 10 OPEN I The new Neighborhood House, Second and Wood streets, will be opened to the public tomorrow afternoon, and form ally dedicated tomorrow evening"' at 8 O clock. ;:-,'.1;,:.,'1-:.', . ,r, , :--"?:. The new home for the- philanthropic training work being -conducted by - the Council of Jewish Women is a most modern building and has been erected at great cost and effort bv the band of earnest workers composing the council.1 The result of their long struggle will be shown to the public at a public, recep tion to be held tomorrow afternoon from 2 to $ o'clock. - In the evening at 8 o'clock the formal .dedicatory exercises will be held, for which occasion a most Interesting program Jias been prepared. A riot broke out last evening at the Bridal Veil Lumber company, near Bridal Veil, among 30 Hindus, In which seven men were severely injured. War rants were Issued this' morning for eight men from : the office of District Attorney . Cameron.,; and placed In the hands of Constable Wagner. - i The trouble- was. caused by an argu ment between the relative merits of the religious customs of the Pinjabes and Soudanese, y,The followers of the Jatter custom sought ; to throw the Plnjabese from the lumber camp. Axes, knives and. clubs were used. 1 ' fr lilted Press Ijtutt WIre.t . -. -li-vansville. Ind.. Dec 8. IclrA that sUrted in the Fendrick cigar factory i.c.o iwa i-Busea me aestruction or a. block of buildings, entailing a loss of i.uuu.uvu. Thomas Beldelman, agent of the fire Insurance companies carry- um mbks on me oestroyed buildings, dropped dead while watching the fire. The cause of the fire Is not known. CALIFORNIA. ADJUTANT ' PRESENTS WAR BUDGET (Onltnd Prewi Leamt Wire.) Sacramento,' Cak, Dec 6.-WIth a population considerably over 8,000,000, California has .only 309,646 able bodied men , that. could be called upon In time of war, according to the biennial report or Adjutant General J. . B. Lauck, filed today with the governor. The mmhin state militia and 'naval militia numbers about 4060 men. The names of 300,090 are given the mllltla authorities ' by the county assessors of the state. ' General Lauck; recommends that the coming legislature appropriate $100,000 for an armory and state arsenal at bacramcnto. MiliUry stores to the vame or 200,000 are how In the base ment or the state capltoL He would have the legislature give an additional $160,000 to complete the Los Angeles at uiu, ...-.; . . .... . NO LICENSE NEEDED , TO SELL MISTLETOE - A resolution .introduced by Council man Tana ju, watklns and adopted at the special meeting of the city coun cil this- morning, provides that any body may sell holly and mistletoe on tne -v streets from now . until , January, wiuioui me payment or a license fee, Benson Leaves for California. 1 ' (Salem Bareau of The Jonrnal.t Baiem, Or., Dec. 6.--Governor and Secretary of State Frank Benson Ae- parted for California last night, taking me snasia limited at Salem at about 7;46 O'clock. Mrs. Benson- accompanied tho governor South. Judge H. h, Ben son of Klamath Falls, his brother, and cnirora Benson of Gardiner, his son. were with the governor yesterday.' Both win .apart ror tnoir homes : today. Wallace Benson another son. is attend. Ing University -of Oregon at Eugene. , Bobbers of Chef Sentenced. Joseph Gllsch,,cook ot tho Campbell noiei, us Hoyt street and Arthur John son, dishwasher at thefgame place, were. given up anor?o days) n tlie rockpile. respectively, yesterday by - Judge Vazwoll In the municipal' court for as saulting Bnnjet Singh. The latter Is chef at the hotel. They entered " his room baturday night ami robbed him of HO, AXES, KNIVES, CLUBS USED IH HINDU. RIOT Side of Willamette MMUND ELECTED TimYOR OF SALEM (Stlem Bnreas of Tha Journal. lf ,SaJem, Or,, Dec 6. Louis X.achmund, hop merchant, was almost unanimously elected mayor of Salem at the annual city election held yesterday. Ira Ham ilton was elected .city marshal; it A. Crossan, city treasurer and Charles Elgin, city recorder; each without opposition.-. ' : , The largest "vote polled was that of Hamilton's which was 1049. Seven councilmen were also elected. " In the nrst ward H. O. White, independent, de feated H. A. Johnson, regular Republi can nominee f or, reelectlO by a vote of almost two to one, 4tO liSf.F. W, Durbin was elected without opposition in the second ward; F,. 3.-taky with out opposition in the third ward and R J. Sauter in the fourth 'ward;,, W, W. Hill was reelected In the fifth ward over George Jacob by a, vote of 100 to, 90; J. S Pennypacker - was elected over S. S.-Gimble in, the sixth ward by 'lQ2 to 49,-and J. D. Waring was elected with out, opposition in the seventh ward. .,,,'-.' , '..;:: I-'-,;.,, ,,, ,. - i :,i!;'-:'ti';.1v, Election at Springfield. . ASpei'tal Dinteh to The JouroaLt-' Springfield, - Or.y Dec- J. Following are the results of the city election held here yesterday: For councilmen, Welby Stevens and- John H. Matthews; city treasurer, E. U Wojilson; city recorder, John C. Mullen. - ' - - Four New Aldermen at Ontario. - Speell Dispatch tn The Jonrol. Ontario,, Or Dec 6. Following In the result of, tha city election held here yesterday: Aldermen, , E. A.' Frazier, David MagillH. C. Boyer and J. H tarley; mayor, A. W. Crow and alder- men, C. E. Ken yon and 3. R. Gregg, hold over until the next annual election; Results at rhllomath, ( - 'tVfiH l1otcb t Tb Juehiitt Philomath., -.Or.,: Dec. 8 Results nf the. city elections- held here yesterday are as follows: Mayor, ,w. C Fischer; councilmen, first ward, R. Matthews; second ward Robert Aj Clark: Glon Gibbons: , recorder. - rninmhurf Welch. ;; '. , . ... Rosnl(s of Albany's Election. Spuial Dlapatch to The Journal.) ' Albany, Or.. Dec. 8. Th ritv tion . held here yesterday resulted as follows: Councilmen, first ward, George Simpson; second ward, J. N. Chambers; third ward, Robert Snell. An appropria tion of $16,000 for a city park was voted down. , A vPrODOBltion to hnnil thA Mtv to the sum of $40,000 for additions to the sewer system was carried. Jlillsboro Charter to Be Amended. TT.SJel, lo,c'1 te Tht Journal. Hillsboro, Or., Dec. 8. H. F. , BueleV was elected mayor of Hillsboro yester- jjctito cowman, recorder; D. L, Houston, W. D. '. Smith, Emll Kurald, councilmen. Th.vote to amend the City charter so that Hillsboro may havo better streets drainage system, etc, carried by a good majority. j. -' . '''.' ' i,.,?.: ' r. . ',.. tnteresting Election at Sheridan. (Special Dlsiwtob t m Journal, t Sheridan, Or.. Dec. 8. Sheridan'q r.Itv election today waa the most interestinr ever held here, the contest belne be tween the Citizens' ticket" headed' by Dr. "w: 3. Gilstrap, and the Progressive ticket, headed by A. M. Fanning The resul t ; was the . casting of 205 votes, wim portions or Doth tickets success ful. The balance of the candidates elected were : J. R. Menden hall. re. corder; ; W. Beck,; treasurer; B. H,"' Ev ans, marshal; E. TJ. Henderson, council man, first ward; 3. E. Potter and A. J. Flynn, councilmen, . second ward, v Mr. Fanning Is one of Oregon's . largest prune growers and promises a progres. sive aaminiBirauon in the way of bene ficial Improvements 'and development . DOCTOR'S WIFE ASKS FOR M DIVORCE; $100 MONTHLY Dr. James Sproat a Grand avenue nhv. slclan. Is charged with haying been in toxicated ror a year, in a divorce com plaint filed irt the circuit court by Ber tha Sproat She is suing for separation on tne grounds or cruelty aid drunken- urBB. : ',:.'., - - ;: , V' ' ' Mrs, ' Sproat says her husband has a violent temper and becomes angry with- out reason. .Coming home in the enrividay race, morning hours of November 22.'. nhn alleges, he threw her. against a window and she sustained severe bruises. , Two days later he left their home for good, she says. ,;,;,! -.;;. ::.-. .,,.'. 7- V: -The Sproats were married in Nelson, B. C, in 1898, and have two girls, 10 and 4 years of ago. Mrs. Sproat asks for thdf custody,, for $50 per month permanent alimony, and $50. poCiuocth for" the support and education of the children. -, : FXXE8 cuxed nr e to u days lour druwiit will refund money if Puzo Ointment fails to cure any case of Itr-hinsr, lilind. Jilcpdihs, or Protruding Piles in fi to 14 days. Buc. ns. mm WILL MB AT CMIIEEJK Decision Follows Advice of Geo. W. Glover, Son of Mrs. Eddy; Funeral Ceremonies ! to Be of the Simplest. aVted Press Leased Wlrti Boston, Dec 6.r-The body of Mrs, J Mary Bakor O. Eddy, founder of the unnsuan science cnurcn, win ue in tne Mount Auburn cemetery at, Cambridge, Mass.! ; It has been definitely: decided, by the leaders of the church, after re ceipt of a communication from George W.w Glover, ; Mrs. Eddy's son, that the body of, their "pastor emeritus'1 shall not rest in the crypt built In the. foun dation of the "mother church" .in Bos ton. , ; . . . ,' -.' Arrangements for the funeral, which were partly made yesterday were com pleted today. Following the wishes of Mrs. Eddy horself, the ceremony will be ot the simplest sort. There will be short t prayers, reading from , the Scriptures, , and appropriate .' readings from Mra Eddy's 'own writings, 'and then the body will be borne to Mount Auburn from tho late home in "the sub urb of Newton. Only the members of Mrs.! Eddy's family and few of the leaders of the church Who were closest to her in her last days will attend the service, 'Which will be held at It a. m., Thursday. - The announcement that burial will be in Mount Auburn caused mild surprise among some of tha uiembers of the church. It had been reported that Mrs. Eddy's body was lo be placed in a ,tomb under tho altar of the First church. Knowing the love which Mrs. Eddy boro the First church, the rumor gained cre dence. ' So Explanation of Selection. , ' - ! Mrs.' Eddy's son had Intimated that burial might te at Tllton, N. H., beside the grave of George W. Glover, Mrs. Eddy's first husband. -f Concord, N. H where she lived for - many years,- and Bow.'N. H.,- her birthplace, were also suggested. Tho final decision for Mount Auburn was given without stat ing the reasons that had caused its se lection, j ft : la believed, however, that the decision was. influenced by the de sire of the leaders ot ,the mother church to nave tne grave near jjoswh. It la expected that Ebeneser J. Foster Eddy, Mrs. ' Eddy's adopted son, will come from Watertown Vt, to attend the funeral,' V w-' : -V. ; WIU 80 Ho Saocetsioiv."- That there will be no contest over the succession? to Mrs. Eddy's leadership' is the belief expressed in Jill quarters by members of the church. Predictions by loaders in other dehomtnatlonB that- the gradual disintegration of -the; church would follow Mrs:; Eddy's death have had no, ' impression, ,. on i her f ollowera Their church, they say. is on a solid foundation. Mrs. , Eddy; had for some time played no prominent, part In the government of the organisation and. the church would not? be affected by, her death. - She is regarded as the founder of the church. There could be bo. other founder, reason the Scientists, and there fore there could be no successor to Mrs. Eddy, so far as her place in the actual beliefs of the church-go. ,- f . Mrs. Eddy's death Is "not they argue, a' refutation of her own, belief or teach ings, and was only an event which her f ollowera always had known muat Coma It Is not a refutation of their own dis belief in death, they declare. - Tho writ logs of MrsEddy merely asserted that there would be Bn ultimate conquest of death, but she did not -expect It to be come an actuality, for many years, i Christian Scientists everywhere will pay no attention outwardly to the burial of Mrs. Eddy. They will not stop their work or their pleasure. A request was made that no flowers be sent to the grave or to the Eddy home, where Mrs. Eddy's body is now lying in state. , MRS. EDDY'S SON WITH . FAMILY ON WAY EAST irrnltvd Preaa Leaaed Wire. I Chicago, Dec. 67 George W. GldVer, son of Mrs. Mary Baker G. Eddy, ac companied by his son and daughter, ar rived here from Lead, 8. D., today, and left at once for Boston to attend his mother's funeral. While being besieged by reporters and newspaper ' photog raphers. Glover reluctantly said: 1 "I am going to Boston now to attend the funeral ofmy mother, and. I do not Intend now to contest for her private estate. . My mother's religious . .views were her own business, and not mine, and I do not care to discuss such private matters. I am simply going to aid in my mother's burial,, and . want to be" let JiaUOILU Uli LAG BEHIND RECORD ftirtlted Preas Leased Wlre.J New York, Dec . After staying ahead of all existing records for more than 35 hours, the thirteen teams en tered In the annual six day bicycle race at -Madison Square Garden today gave way under the terrific strain and dropped back until, at noon, they were eight laps behind tha former mark, At that hour the leaders were still hunched. Ther had covered 738 'miles and four laps. "The French team was nine laps behind the leaders. At o'clock the .French team withdrew from the race. They were 10 laps behind the leaders and realised that they were hopelessly .beaten. - , Without a sign of lessening the heartbreaking pace that had been main talnod since midnight .Sunday night all tho teams were bunched at 8 o'clock this morning,, and running well ahead of the record for that period of a six They- Jiad1 completed 655 miles, which .was two miles and on lap ahead of the former record. WATER MAIN ASSESSMENT 'ORDINANCES ARE PASSED The city council this morning held special meeting to pass a . numbor w8teT"rnflln'-BSseMmenr'0rtI!nanccs.""Th ordinances were passed unanimously. The 'purpose was to clean up a lot of contracts entered Into under the present water laws. ' , The amendment to the charter, giving tha water board tii power to s'!l bonds for mains goes '"to EXHAUSTED BIKERS HJtn DEFOSSE OF SUPPOSED ROBBERS cuscd Pugilist and His Pal Make Strong Pica in ;. Trial. Walter Kirchner. known' to the prize ring as Jack Welch, and Pat McClure, his "pal," are trying to convince a jury la the circuit court, they were nowhere near the place where Walter Drennnn and F. C. Arata were held - up and robbed on the night of September 29. The defendants took the stand this morning and said that at "the time cf the holdup they were near the ' O. R. N. railroad track near Sixtieth street. awaiting, a chance to board a freight and beat their way to The Dalles, where Klrehne expected ; to arrange for a iigni. .urennan ana Araia, wno were held up at Twelfth and East Burnside streets, positively Identified the defend ants as the robbers.. who held revolvers In their faces and' compelled them to hapd over their money. ,' , As the defendants were arrested at The Dalles soon after their arrival ant no money was found on them, ; the failure to account for the disappearance of the money is counted 'on as' a strong circumstance by the defense. To, meet this. Deputy District Attorney Page to day put Mrs. J. M. Hampton- on the stand to show the defendants lived with two girls in one room in her house for about two weeks. ; , Mrs, Hampton conducts a 'rooming house about six blocks from the-scene of the holdup; , She said McClure rented the room, --accompanied by a woman be called his wife. The next day another woman came and she saw Kirchner there at intervals. After the robbery the of ficers came to search the rooms and She notified' the girls to 'vacate. Robert J. Mill, a bartender, Was called to help out the alibi of the defendants. He said he rode with them on a street car on the night in question and when they left the car at Sixtieth street, tola them where they could catch the train. J. Squlers, a grocery man, - told of seeing HIil with two men at the time stated by HIU. Vi These witnesses put the time about 8 o'clock In the evening, or later, which would have made it. Im possible -for the accused men to be the robbers. Deputy District Attorney Page contends they, are mistaken about the time and that the defendants had time after the robbery to return to their rooms and give the money to the girls fefore they started to catch the- train or Tho Dalles. , The testimony was con lujded before Judge Morrow at noon,-' TOKEPOUT FOREIGN TREE PESTS A strenuous and effective fight Is be ing' made in this county by., Deputy J. E. i SUinaberry of the State Board .of Horticulture,- against the importation of Infected ornamental' tree aid bushes that -ar how coming' In from Europe and Japan, especially, in great quanti ties.- ' IT I t ' i . The efforts of the association are be ing centered against the browntall moth, a European pest that has created terri ble havoc in the east, particularly In Massachusetts, and the gypsy , moth. Numerous nests of these - moths have already been found and destroyed. The caterpillar ; from which i the fcrowntall moth develops, begins Its work on the trees and shrubs In the early spring and during its development sheds the hairs from Its body which are as poison ous as poison jvy or oak. v During the month of December is when these importations are made to the various hot houses and nurseries of Oregon. H. M. Williamson, the secre tary of the State Board of Horticulture, said, this morning, that the work this year was", proving more effective 1 than ever before. - , -'. "1. "The work of enforcing! the ! laws against infected fruits during the past season 4s also the' Very best that has ever been, done In this state," added the secretary. ' "Consumers are now better protected? than they have ever been. In addition to condemningmuch , worth less fruit, scores of Infected trees have been destroyed." . ..,.' WILL NOT HAVE TO " rAT hUH MMiihK UU I j. T. Bridges, formerly connected with the Roseburg land office,- will not have to pay the United States for timber he Is alleged to have cut from land owned by the government A jury in the fed eral court today returned a verdict for the defendant in the suit tho govern ment brought to collect the value of the timber alleged to have been cut. Trial of a somewhat similar suit was begun before Judge ' Wolverton today. Barney : uoow 1 and tne Tongue Point Lumber company of Astoria are being sued for the value of 308,271 feet of timber, valued at 12157.89, which it la claimed cjoddj cut from a claim on Gray'a .river, Washington,- In, the Van- couver land district The government claims uobbi tuea on tne claim as a homestead, but never lived on it Later he filed upon it under the terms of the timber and stone act What timber was cut was driven down Gray's river and sold to the Tongue Point Lumber com pany. , - SCHELL IS ACQUITTED ' 0M STABBING CHARGE Albert Schell was declared not guilty by a Jury in Judge Kavanaugh's depart ment of , the circuit court shortly after noon' today, after considering the case less than 10 minutes. Schell was in dicted on the charge of assault by stab bing George Schmidt on the night of October 81, the men engaging in a Quar rel on Delay street. Deputy District Attorney Collier was in charge of the ease, for the state, Charles J. Schnabel representing the defendant LAI NEW CHINBS13 MEDICINE COMPANY OPEN i honors of 7 fi'MTO I I IlL.LhlO Jl!L DELIVERY Loyalty of Augustus Hartrnan, Tritcncr Keeps 50 Frcm ' EsCupincj. , An attempted jail delivery was frus-r trated this morning at the city Jail by a' ''trusty,' who declared his loyalty to the Jailor was" greater, than his de- . sire to see the prisoners escape. The "trusty' is Augustus Hartmen, other-' wise known in. police circles as "Old ' Gus Hartman." As a result of the at-' tempt to free the prisoners, Chief of Police Cox this morning ordered all. "trusties" except Hartman. to be sent to - -the rock pile. . ' ,' - V Pllilpt Mills and Thomas -Grossman are the two. men who planned and, car ' rledout their scheme as! far as pos sible. -. JTh work began yesterday af- ternoon. . ,The two rmn who are In :' jail on charges of larceny, had remo.ved the plastering and bricks around a win- dow in the rear cell of tho jalL - They ' had made an opening large enough ' through which" they could crawl. A wooden Joist and thin board partition was the only obstruction between them ; and freedom. . ." i 1 a! : Late yesterday afternoon several of ? the prisoners were taken to the county Jail, among whom Were Mills and Cross- man. .Tho two mem had . carefully ' placed the bricks in a dark portion of the cell. . . They planned to complete' their work today. "Old Gus Hartman" this -morning discovered "the loose bricks, then he found the hole In the wait Jailor Ben Branch was notified and 'the cell locked. V After the, trusty had notified the Jailor some of the other "trusties'!, said . they knew of -the attempt to dig out. ' but had refrained . from telling the jailor. With the opening . completed, the road to freedom would have been -open to fully 60 prisoners. 9138 COWS INSPECTED AND 1379 CONDEMNED Deputy City Dairy Inspector H. Stli ' verwood. this morning completed a re-, port Of the work of the, dairy Inspection department since Its establishment last February, t The report shows that 430 herds of cattle In the- vtclntty of Port land were Inspected for tuberculosis by city, state and government officials; - A total of 9138 cows were examined and 1379 of these were condemned. Of these 890 were Slaughtered. . PHQTV-'DDflf?:;!' Physician Said -.;; Appendicitis' Gall Stones -Expelled by the ; Great Kidney Preparation.; : 1; v Vl ' f:''. ' ! - i"'!.-' 3 'i,".' 'f. ;: !' j. l. H T thought I would do you a favor anrtj . let you know what Dr. Kilmer's Swamp a ' ttooi, nas oone bo xur mr uie. . . About one year ago J was taken sick with a terrible pain In my rlht ; side, ; My family physician pronounced It ap- ? pendlcitia ' About two weeks ago I re ' celved your Almanac -and read -in It; about weak kidneys, and ray back hurt- , ing. me so much, I thought I would try i your Swamp-Root and to my great as tonishment, after using one bottle,, t , expelled three gall , stones, which , , weighed 135 . grains Just think of Itv My kidneys are not well yet and so I have concluded to continue with Swamp Root -.: Mr. Schwake, the . druggist thought that It never was appendicitis ) and that the doctor had made a mis take. It was no doubt gall stones that caused the trouble, or they would not ; have come away so soon after comment- ing with Swamp-Root- s v I shall always praise .. Dr. Kilmer's ' Swamp-Root to airthos who-suffer J from kidney, liver and bladder troubles ? and am very, thankful, that I ever dls-V covered such a worthy remedy. T feel confident that It will, cure me entirely of all-kidney and-liver trouble.- MRS. MART J. ECHNITTGER, '!' - i5oj isth St and 5th Av.; : : t-f. -'-v- : ...' '. Nebraska CJty, NebCt ', Personally appeared before me this 81st day of August 1909, Mrs. Mary J.:; Schnlttger, xrho subscribed the above statement and made oath that the same ' Is true In substance and In fact : ' A. P. YOUNG, i County Clerk. I ' LOUIS STUTT, Deputy..':, ; letter to Dr. Kilmer Si Co4 Singhamton, JS. T. Prove What Swamp-Root Will Do For You ' ; .Send to Dr. , Kilmer-& Co., Bingham-, ton, N; Y for a sample bottle. It will ; convince anyone. You will also . re- -ceive a booklet of valuable Information, , telling all about the kidneys and blad--der. . When writing, be sure and men-' tion the Portland Daijy Journal. 1 For sale at all drug stores. Price fifty cents and one dollar. It Lssns ' 1 '" Cr!r.:I end C:r.s!:t' 1 AL7EZE) UU: Tha Fccd-drbk f :r All ?:s. More healthful than Tea or Coffee. - ' Agrees with the weakest digestion, , Delicious, invigorating and nutritious. . . Rich milk, malted grain, powder form, j A quick lanch prepared ia a rabati ; Take bo sshstllute. AskfcrnOniCK', '. Cw Others are imitatiom This Chinese doctor and pharmaceutist of Wai s Jing Chinese Herb &,Root lecitcine Company is American-born and a citiaon. When 4 years of ag he went to China with his parents and got a good . education in the schools of that lundi - Ohtninlna- thrt ' Doctor of Medicine, he was permitted to practice in tne uanton Medical -.college -and to study the eminent physicians' prescriptions of centuries. - ' 1 For nix years In New York City "he . was presi-. , - dent of the Oriental Hospital, ; where he had such ' wonderful success . with his medications. While there Mn New York City he met Reld Back Jr., of. Port-.; t land,' and was Induced tA cdmo to Forlland'and opf;n I an office. Any man, woman or child with any in-. i ternnl, external or eruptive dlsense who will come to my office can secure free consultation and examlna- ; tion. . .' ' - .-,'- ' '..,'.. - v ..: '-.'".!':; 1 If you can't call, write and get diagnosis and remedies:. S. Ii. WA1JINQ CO. -