THE OREGON DAILY JOURNAL. PORTLAND, WEDNESDAY, AUGUST 16, 1916. 6 COURT TAKES CASE OF DR .MINDLESS OUT OF THE JURY'S HANDS Judge Jones Says State Has Failed to Provve Charges Against Woman, DECISION WINS APPLAUSE Cliuft of Fraotldntf Medicine With out Ucmm Wii Mad as Besult of Signlnc Bsath Certificate. 'The state has absolutely failed to prove Us case," said District Judge .Tones yesterday, In throwing the rase against Dr. Frances McCandleMS out of court and dismissing the Jury. This sctton was takf-n at the close of the state's case. Pr. Mr-Candles was arrested July 22 on the complaint of Pr. Harry K Mc Kay, member of Die state bonrd of medical examiners. She was charged with practicing medicine without a li cense In placing -'M. D." after her napie In signing a death warrant. The nctual signing of the cert If late In the county was not proved by the testi mony and no denial was made that "M. I)." was printed on the blank certificate. The case followed the death of Mary Ohermeler. According to the testi mony, Dr. DammsHch treated the case at first, but would not sign the death eertlfkate because the caxe was tak en out of his hands. Binned In Dimly Lighted toom. The defense claimed 1 bat lr. Mc Candless had not treated the case end that she refused to sign the death certificate. She finally signed It on the advice of Dr. David N. Kobersr, secretary of the state board of health, ever her own protests. The dfne slated that the signature was affixed in a dimly lighted room, and within minutes of th time limit pre- Former Portland Pastor Is a Visitor Albert Ehrgott Bays East Busier Than Coaart But That Busy-neas Comtnir; Still Ukti Portland. Rev. Albert Ehrgott, formerly pastor of the East Side Baptist church and now connected with Y. M. C A. work In San Francisco, is In Portland today on his way home after sevral weeks spent In studying Y. M. C. A. methods In New York, Cleveland and other cities. "The east is busier than the Pacific coast but that busy-ness is coming our way," said Rev. Mr. Khrgott. "In the meantime we are getting along comfortably, and more prosperously than some of our pessimistic friends would have us believe. I am always delighted to get back to Portland. I tell people who droop under the heat of the east that out here we have sun shine without a blister. "I believe that in the Y. M. C. A. work of San Francisco I have found my Hie s mission. Rev. Mr. Ehrgott was accompanied by his little daughter. Caroline. UNIAWFU SHIPMENT L OF LIQUOR CAUSE OF Tries to Obey Law; Gets Into Trouble BAND RETURN MM E SENTENCE it had been effect. He knows on the presumption that she was a rtgular physician." A motion for dismissal of the case by Attorney Klton Watkins frr the defense at the conclusion of the tes timony of Dr. Dammasch was granted by Judie Jones. Din decision was followed by applause. Attorneys Klton W'ntklns and I). A. Norton represented the defendant, and Deputy District Attorneys Pierce and Robinson handled t lie case for the state. C. C Chapman Parks Anto in Accord ance With Hew Traffic Ordinance Only to Find Old Boles Effective. The new traffic ordinance has yet to become effective. I C. C. Chapman, editor or the Ore- : gon Voter, said to be a wide-awake lurlcro Innpc Fvni'PCCPS Nnr- newspaper man, thought JUfo -"r" -passed and was row That aw imits rx- dlfferently now- IUW IIICU Law Llllllia I-A j ordinance when in effect, tent Of ImpriSOnment, If111 require parked automobiles to r ! face the curb Instead of the street. ! Chapman left his machine that way 'last night and a tag inviting him to MAN MUST SERVE MONTH the police station was placed in VIM iv iiiuvji wi-iivi- , his machine. It said that he had vio- Ilated the traffic ordinance. . . Chapman accepted the invitation. Harry L. Tomer Imported 83 Quarts Thcn he was lnformed that the new of WhUkey as Household aoods; 'ordinance had not gone-into effect and Caught Opening Caee in Barn. j that the old ordinance was still otv j the books. Chapman left, promising i to keep better informed hereafter. rOIilJl RX HARKKLL JK., SI KS 10 penned ror the signing or death cer tificates. Dr. Harry K. McKay test I find I hat Pr. McOandless had told him that she was a licensed physician in a conver sation at the county Jail. "That's the only death certificate t ever signed. My patients do not die," nalrt Dr. McCandless, according to Dr. McKay's testimony. Dr. Dammasch told of meeting Dr. McCandless five days before the re moval of the patient from the hospi tal. She had corn's to consult him -about the case, which, she said, friends of the family had asked her to take. Applause areata Decision. "I told her that the case was very serious." testified Dr. Dammasch, "and that she would remove the patient from the hospital on her own responsi bility, fche said she would assume the responsibility. "Shu said that she practiced all schools of medicine," he continued, "and that she was going to treat this Tase by 'bloodless surgery ' As to the signing of the certificate, I refused to sign because the patient had passed outof my hands. I told her to sign It Charges Wife IxveJ Their Hoarder and Seeks Divorce. CoKmrti Uarrell Jr. filed suit for di vorce against (garnet V. Barrel! yes terday on the grounds of cruel and Inhuman treatment. The. complaint alleges that Mrs. Bar ren brought a stranger to their home in December, 1915. as a boarder. Later Barrell asserts, she told her husband that she was infatuated with th: stranger and didn't care for him anv longer. The .Barrells were married in Port land in June, 1906, and have two' sons, one six years old and another four. .Mr. Ban ell asks for the custody of the older bov. "I am sorry that I cannot give you more," said District Judge Jones yes-te-day in sentencing Harry L. Turner to :n days in jail for importing 23 quarts of whiskey in one shipment labeled "household poods." "You were before me not long ago for being involved in a bunko game," said the judge, "and you get right out of that into more trouble. You show a disposition to I. cat the public, and for that reason I would liU" to make your sentence much longer." Turner was arrested in the barn hack of his house at 4 004 Sixty-second street southeast on the night of Aug ust just after lie had opened the consignment of whiskey. Deputy Sheriffs Ward and Hurlburt had con cealed themselves in the barn and waited for Turner to appear. The liquor was shipped by a San Francisco firm in care of the Helser Transfer company. Tli shippers stand liable to i.roseculion. The liquor will he confiscated. ROADMASTER I L PROCEED UPON BASIS OF VISTA HOUSE FUND Unless Otherwise Informed, He Will Consider $12,000 as Granted by the County, S FROM THE BORDER IS BY RED UN IL Wife Makes Personal Appeal, and Commissioners Act in Accordance at Once, FAMILY GREATEST NEED Pred Eobach Had Been an Employ of City and His Place Is Held Open for Him. Which needs Fred Hubach the more his family, in Portland, or his coun try, on the Mexican border? The city council this morning, hav ing heard a communication from W. H. Warren, secretary . to the mayor, decided that Hubach's family should have the preference. Mrs. Hubach called on Mr. Warren yesterday and convinced him of the urgent need of her husband's return. "If our country was in danger." she said-, "if there was actual fighting, we would try to get along somehow. But we believe, as things are, that we nesd him more than the country does." Mr. Hubach was an employe at the city incinerator, and when the call came for the border went wittt his command, the medical corps of the Third Oregon. After he had been on the border some time, Mrs. Hubach says, she obtained statements from responsib!-; persons, telling the need of his return, and ent them to Major Marcellus. commander of the medical corps. Major MaicelluR replied that he couldn't spare Hubach from bis or ganization, and suggested that the city council pay Mrs. Hubach the differ ence between the pay her husband got at the incinerator, and his $ 1 1 a month army pay. The council has been holding Hu bach's job for him. Acting Mayor Daly wrote a letter yesterday to Major Marcellus, urging Hubach's discharge and return, and, with the concurrence of the other commissioners, this morning sent a telegram of the same import. Mrs. Hubach's young son, who had a $30-a-month job, lost it yesterday by the failure of the firm, and this turn made a crisis in the family af fairs which took the mother to see Secretary Warren. P. R., L. & P. CO FILES ItKPORT The Portland Railway, Light & Power company carried on its street cars during the three months ending June 30, 14,414,149 passengers, of whom 5,296,971 rode on transfers. The number of cars used was 91. The operating expenses for traffic and lighting was' $1,303, S52. S3, and operat ing revenue, $1,356,451.11. The.se fig ures appear in the quarterly state ment of the; company filed yesterday wltli the city auditor, in which the valuation of its plant Is given as $59,-387,627.83. Mother Cans Fish That Kills Family Vancouver, P. C. Aug. 16. $j (I P.) Mrs. Sipes and her two children, of Port Clements, Queen Charlotte Islands, in 1f- Alaskan waters, are dead and Mrs. Sipes' mother and another child are believed to be near the point of death as the re- suit of eating fish which Mrs. 4; lr Sipes had recently preserved. ir The whole family were seized with terrible pains, and the mother and two children died before aid could be rendered. Banners to Urge Army Enlistments City Oooncll Grants Permission, on Bequest of Captain Williams, United State Mustering1 Officer. Banners urging men to join the army will be stretched across Third street between Oak and Stark, and across the corners of Third and Burnside, Second and Morrison, Sixth and Hoyt and Broadway and Washington. Permission to do this was granted by the city council this morning on request of captain William, United States army mustering officer. Commissioners Are Invited. The county commissioners of Mult nomah county this morning received h.n invitation from the Commissions and Judges of Clatsop county to be present at the opening- of the lower end of the Columbia river highway "be tween Astoria and the Tillamook coun ty line, on Saturday. August li. , The commissioners will leave As torla on Saturday morning at 8 o'clock and arrive at Nehalem City at noon. They will proceed from there to Tilla mook, City and through Washington county back to Portland. " One Killed, Four I Hurt in Seattld "V; ntomohile Engine OOes Dead on Trim : y. ate Koadway and Xnternrbaa KUf v It While Traveling at High Speed. ' Seattle. Wash.. Aug. 16. (U. P.)-- - 1 (jne man was luueu, miuunr wan oori- , ously injured, two sustained minor Jn -' juries and one escaped Injury when 'j. an automobile and an Interurban car on the Seattle-Everett line collided at ,';. 10:30 o'clock this morning. The dead L man is M S. Fields. The automobile was driven Ay his son-in-law, Dr. C. W Knutson of Ballard. The party, consisting of eight per sons, was on the way to attend a church picnic at Lake Balllnger. Sev- , eral children were In the car, out . escaped injury. The accident occurred when the automobile engine went "dead" on a .., private roadway and the Interurban - struck it while going at high speed. Federal Official Visits.' -1 . . T . t 4l..nt.. tt tK an n. manning, uhtviui "i TTnited States bureau of mines, Is 1 Portland visitor today. He Is accom- - nan Ud nv v r. white of Washing- ; ton, D. C. . r FRY SKKKS FORECLOSURE Suew Nellie V. and W. H. Markley to Collect $11." OO Note. A suit was filed in the circuit court this morning by A. N. Fry against Nellie V. Markley and W. H. Markley for collection of a $2500 mortgage, in addition to $94. SS, which Fry alleges he paid in taxes on the mortgaged property. The complaint says that the Mark leys gave a note and mortgage to Ma rion A. Brewbaker In October, 1911, to run for three years. Fry, who pur chawed the note, asserts that the pay ments are delinquent. Pavement Is Asked. A petition was received by the board of county commissioners this morning asking for the pavement of the Oresham and Fairview road be tween the Base Line road and Sandy boulevard. The matter was referred to Roadmaster J. B. Teon Somnambulist Puts Bullet Into Brain Prank Cocci a. Motor Truck UrWer, Dy lmr at Loi Angeles as Result of Saving Revolver Handy. T.os Angeles. Cal , Aug. 16. (P. N. S.) Frank Coccla. 27, a motor truck driver, is dying with a bullet in his head as a result of either an hallucin ation or a nightmare iast night. His wife escaped injury only because of Coccla" s bad aim. She told the police ; er husband got out of bed In his I sleep and, after firing twice at her, shot himself. Cable Tolls to Alaska Reduced A call from Roadmaster Teon for $12,000 from the emergency fund for use in completing the construction of the Vista House on the Columbia river highway, was filed by the board of county commissioners at the meet ing this morning. Mr. Yeon said that unless otherwise Informed he would proceed with the work which the $12, 000 is to cover, and the filing of the report means that he will not be other wise Informed. In other words, the county commis sioners grant the roadmaster s request for $12,000 from the emergency fund. The fnnd for the Vista House was originally planned to be raised by pri vate subscription, but on May 17, committees from several civic organi zations, headed by Julius Meier, asked the commissioners to appropriate the remainder. The commission passed an order authorizing Roadmaster Yeon to proceed with the work, which would be paid for with money from the road fund. The commission said tl.tit an appropriation not to exceed $12,000 would be granted from the emergency fund, however, should It be needed. Inter-Playground Courts Are Close Seattle, Wash., Aucr. 16. (P. N. S.) Brigadier General George P. Scriben today notified Major B. O. Lenoira, in charge of all United States cable of fices in Washington and Alaska, that Secretary of War Baker had ordered reduction on cable tolls to Alaskan points as follows Southeastern points $1 day rate: 80 cents night; southwestern points, $1.50 ! were hotly contested for yesterday aft Colum'jla Park Scene of Lively Events; Silver Trophies to Be Awarded the Winners. Inter - playground championships day rate, $1.10 night; Tanana river points. $2 day, Jl.50 night; Nome and St. Michael. $2. SO day and 2.10 night. THE MOST IN VALUE THE BEST IN QUALITY ypt Come-Join the Ranks of the Thursday Forenoon Shoppers! 58?2Sy by taking advantage of the underpriced offerings ar ranged for this occasion, and your presence here in the forenoon Thursdays will show your approval of the Sum mer weekly half holiday inaugurated here for department store employes. All arrangements have been made to serve you promptly. OUR STORE WILL CLOSE AT 1 P. M. THURSDAY EXTRA THURSDAY FORENOON 8:30 A. M. TO 1 P. M. Silk Boot Hose 15c Semlar BOo Grade. At this extraordinary price reduc tion we are closing out a discon tinued line of Women's Silk-Boot Hose, a standard make and qual ity. All sizes in shades of tan. Regular 50c grade. While they last THVBSDAT FOBS. -I ( WOOW AT , . IOC EXTRA- THURSDAY FORENOON 8:30 A. M. TO 1 P. M. Women's Union Suits at 33c Berular 660 Grade. Only half price to pay at this sale of Women's Summer Union Suits. Shown in low neck, sleeveless styles, with lace-trimmed or cuff knee; all sizes; perfect fittina unlon suits, rear. 65 cents. Q Q TSnmXDAT rOBSNOOH. . OOC -EXTRA EXTRA Thursday Forenoon, 8:30 a. m. to 1 p. m. PHENOMENAL PURCHASE AND SALE OF Manufacturers' .Huck, Crash and Damask, in-Vo to IV2- yard lengths, suitable for Napkins, Tow els, Fancy Work, etc. Regular values to 20c. It is only once in a great while that a favored few merchants have the opportunity to purchase Manufacturers' "Scraps" or Loom Ends. This time we were fortunate in securing a splendid lot of such goods at a ridiculously low price. THURSDAY FORENOON you may share in our good fortune. You have choice from to l 1 yard lengths of Huck, Crash and Damask such pieces as are suitable for napkins, hand or dish towels fancy work dust or polishing cloths, etc. and at the same bargain price we include an odd lot of honeycomb cotton towels of good size. Remember, the quantity is limited and there will be rapid selling, tor you have choice from values to 20c each. THURSDAY FORENOON at 6c ernoon at Columbia park in games ; which marked the closing of a series between 13 teams of different public j playgrounds. I Four championship playground ball ' games were played, the winners being the five foot, six inch classes, boys, Sellwood; girls, Lents. Four foot, 10 inch classes, boys, Columbia; girls, ! Vernon. Silver trophies will be awarded to the winners, which will be kept at the playgrounds of the winning team and can be kept if won three seasons in i succession. Yesterday's scores were: I Boys' 4 feet 10 inches class Brook- i lyn 4. Columbia 7. I Girls' feet 10 inches class Vernon ! 15, Lents 29. i Boys' 5 feet 6 Inches class Sellwood 11, Columbia 10. I Girls' 6 feet 6 Inches class Lents i 11, Peninsula 10. 1 The players on the winning teams ' are: t Lents, girls' 4 feet 10 inches class i Mable Greshow, Ruth Comstock, Ruth ! Harvev. Virginia Kndrizzi, Gertrude Koskey, Winnie Smith, Mildred Ander son. Fanny Davis, Mable Smith, Daras , Marshall, Thelma Sweeney. Lents, eirls' 5 feet 6 inches clas ! Mildred Rosman, Ruth Rosman. Esther SDeckman Dorothy Smith, Ruth Rei- ter. Bertha Taylor, Clara Koskey, Emma Duncan. Rose Koskey, Nettie Snvder. Mvrtle Gainer. Columbia, boys' 4 feet 10 inches class Lawrence, ss.; Fiff, c. ; Sap. 3b.; Brow-n, 2b.; Bottlar. If.; Picks, p. Chuck, cf.; Roy. lb.; Jake, rf.'H Rrown. rs. Sellwood. boys' 5 feet 6 inches class Elliott Fallis, 2b.; Ewell Grider, p. Loren Waldele. utility; Rudy Rlesehel 3b. ; Stanley Zellinski, ss. ; Lloyd Da vidson, substitute: Arlo Kyle, cf.; Jes sie Fisher, rf . : D. Downing, rf.; Frank DolDh. rf .: Stanlev Poole, captain and lb Wesley L. Sundeleaf, c; Wilhur Baker, ss. A. P. Patten is playground director and team coach. EXTRA- THURSDAY FORENOON 8:30 A. M. TO 1 P. M. Men's Black Cotton Socks at 7c Pair About 90 doaen pairs of Men'a Blacx Cotton Socks to close out at a bargain price. They come in all eUes, are fast black and are made with reinforced heel and toe. Best10c grade on sale 1 THxrasDAT roBExooxr C EXTRA- THURSDAY FORENOON 8:30 TO 1P.M. Gowns and Chemise at 50c Regular Values to tl.OO. Factory samples and odd pieces from our regular lines to close out at less than factory cost Dozens of desirable styles in both Gowns and Envelope Chemise, of fine nainsook and muslin. AH extra well made and beautifully trifn'd with dainty laces, embroideries, tucks and ribbons. They'll go with a rush, so don't delay your coming. You have choice from regular values to J1.00 on CA. TKOTtSDAT rOEENOOH . . "UC EXTRA THURSDAY FORENOON 8:30 TO 1 P. M. Embroideries at 25c Yard Regular 50c to 75c Grade. Miss this sale and you'll miss one of the greatest bargain offerings of this season. Included are 18, 27 and 45-inch Embroideries in a splendid variety of patterns; 46 inch Voile Fiouncings, shown in conventional or floral designs, with margin or scalloped bottom; 27-inch Batiste Fiouncings, espe cially desirable for children's and babies' dresses; also 18-inoh Cor set Cover Flouncing Embroideries in swlss, batiste and nainsook Regular 50c to 75c qualities Og THURSDAY FOBEHOON. . wC EXTRA- THURSDAY FORENOON - 8i30 A. M. TO 1 P. M. Picture Frames 34c Regular 60o Kind. At the Notion Counter 100 large Platanoid Picture Frames, in oval i shape, suitable for picture 64 by 7. A fine easel frame with vel vet back. Reg. 50c kind. Q THURSDAY rOKXKTOOXT. . OfC EXTRA- THURSDAY FORENOON 8:30 TO 1 P. M. Bathing1 Suits at 98c For Yalues to $3.50. Women's Mohair Bathing Suits. shown in several airierent styles. All sizes from 34 to 44 in both navy and black. Lines regularly sold up to ts.ou. to ciose THURSDAY rOREXTOOH. . 98c EXTRA- THURSDAY FORENOON 8:30 TO 1 P. M. White Dress Skirts at 49c Beat $1.00 values. A special clearance of Women's Fine White Dress Skirts at half price. Most all sizes in several popular styles. Lines regularly selling at $1.00 on sale IO THT7XSDAT rOREJTOOH. . 7C John Bird Is Dead; Funeral Is Held ITatlve Oregonlan Was a Member of the First Volunteer Fire Department of Portland; Born in 1851. John Bird, a native of Oregon, and for the past 12 years a resident of Dallas, died at the Good Samaritm hospital yesterday afternoon. M' Bird was born near MeMinnville, Yam hill county, September 20, 1851. He was a member of the first volunteer fire department in Portland, and was a schoolmate of many of the most prominent citizens of this. city. He is survived by a brother, Nate Bird of this city, and his widow. For some time past Mr. Bird ha; suffered from throat trouble, and Jus lately decided to have an operation. The funeral services were held at the Holman parlors this afternoon and interment will be in the family Dior Lone Fir cemetery. Delayed Shipment Sale of Summer SHOES An Opportunity for Men and Women at Measure in Aid of Coast Fishermen Senate Finance Committee Recommends Revenue Bill, Including Amendment Governing Shipments of Fish. Washington Aug. 16. (I. N. S.) On a straight party vote the senate finance committee today recommended the emergency revenue bill. An amend ment was tacked on prohibiting impor tation of fresh or frozen halibut or salmon of the North Pacific through a foreign country, except under Uni , ted States bond. i To Wed Portland Woman. Chicago, 111., Aug. 16. Alonzo Ra der of Greenaburg, Ind., was licensed here today to wed Mrs. Lillian Farrell Powers of Portland. $1.00 Men's assorted Oxfords, black, p i t,e n t leather, values to !4,00, this sale, er pair tan and $1.00 Men's Oxfords $2.45 450 pairs mens tan black Oxfords, $4. SO ues, per pair and val- Scout Shoes hoes, of heavy $2.45 Men's and boys' Scout Shoes, elk skin, regular $3.00 values, this sale, per pair One lot of boys' Scout Shoes, values to $2. So, this sate $1.95 Mary Janes $1.45 Freight embargo and slow deliveries brought delayed shipments of merchandise that must be moved quickly to provide room (or early (all stocks. Thousands of store keepers in all lines have sustained heavy losses resulting from the freight embargo. This is clear evidence of our loss and your gain, with a chance to buy dean, fresh, standard quality Shoes and Oxfords for men and women at prices that estab lish a new record in this big organization. Big assortments, choice sizes and popu lar styles in PLAIN and COLONIAL PUMPS, CROSS STRAPS and BOW EF FECTS, OXFORDS WITH LEATHER AND RUBBER SOLES, CANVAS OXFORDS and PUMPS, KID BOUDOIR SLIPPERS in col ors. A range of dull, patent, Russia calf, black kid and a variety of fancy combina tions with high and low heels in hand turns and Goodyear welts. The sale starts tomorrow morning and it's a sale that will linger long in your memory. Up to $5 Values at 50c, 95c, $1.45 $1.95 and $2.45 $1.00 Ladles' white canvas Pumps, and plain, values up to $ 2.50, this sale, per pair two itrtp $1.00 Canvas Sport Pumps White canvas Sport Pumps, with rubber or leather soles. Regular $2.50 yalues priced for this Hfc I Vjlj sale at Mary Janes, in. patent, dull leathers white, and patent with white soles, ular $3.00 values, this sale, per pair, at only $1.95 and an i reg- White canvas button Boott, Just the thing for outings. Regular $2.50 values, Mhls sale, per pair, only $1.45 $1.95 95c If 7 9 f t 1 Gray and white canv lace Boot, with W omen s uxtords y. "m. v $1.95 $1.45 Women's assorted Oxfords, not all sizes, tans, blacks, patents and suedes, values up to $4.00, this sal Sport Oxfords, with rubber or ivory soles and heels, tan and white with tan trimmings. Regular $3.50 and $4.00 values, this sale $1.95 Women's kid and velvet Gypsy Button and Lace, values up to $3.50, this sale $1.95 White bt regular sale . . . Cloth top, short vamp, button or lace, patent vamps, checked cloth top, very showy; also Kewcle Pumps In two tone effects, Wor and gray, values up to $4.00, this sale, per pair $1.45 uck button Boots, ? f tT black. Regular $4.00 val- ff g It Women's black satin (T i f $4.00 values, this I.J ues, this sale, per pair 5J"j Pumps, $3.00 values, this 1 Sale Starts Thursday at 9 A M ri i s it if -f 1 1 rvi 1 1 , m mm III YV 11 UP bOte I II W 1 29 4th Si hoe Store aohmtond A Id or ..'.. - r , J Mr ,i JK Jt 1 s " St f ." "