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Jury Gives a Local Attorney
Judgement As Asked for
$2000 with Interest.
VERDICT REACHED WITHIN
' ONE HOURS DELIBERATION
Case Was Tried Before Judge
Kelly Yesterday; Grew
Out of Law Suit.
Judgment given identically as ask
ed for.
It was the verdict in substance of
the jury in the case of J. K. Weather
ford against W. S. Paul, a suit to re
cover $2000 on a promissory note,
growing out of services rendered by
Mr. Weatherford sometime ago in a
lawsuit .for Paul, which was carried to
the supreme court. The plaintiff ask
ed judgment in the sum of $2000 with
interest and secured a verdict for all
'he asked.
The case was tried before Judge
Kelly yesterday and went to the jury
'at 8:30 o'clock last night and after an
hour's deliberation they returned with
a verdict.
The jurors were: Asa Baker, Leb
anon; A. G. Propst, Price; S. Freerk
sen, W. Albany; S. H. Elliott, Leba
non; R. C. Burkhart, N. Lebanon;
Harry Muller, Santiam; H. C. Hark
ness, Albany; Thomas H. Quigley,
Shelburn; G. W. ilcGuirc, Knox
Butte; A. A. Bender, Tangent; John
Shimanck, Scio; J. W. Barton, W. Al
bany. The attorneys were Mark Weather-fo-
' and Gale S. Hill of this city for
the plaintiff and W. C. Winslow and
F. M. Endicott, both of Salem, for
the defendant.
According to the complaint the de
fendant executed a promissory note
in behalf of the plaintiff on June 17,
1910 for $2000 payable one day after
date but had not paid any part of
said note.
In reply to the complaint, the de
fendant alleged that he relied upon
the representations of the plaintiff in
the matter of conducting the suit, ad
mitting executing the note but-claimed
that the price was unreasonable.
ALLEGED BAD CHECK MAN
ARRESTED NEAR HARRISBURG
Fred Hardman Wanted in Salem
on Charge of Passing Worth
less Check.
John Cartwright Posted Anony
mous Placards Advocating
Wet" City.
Indicted by the grand jury on a
harge of illegal practice in violation
of the corrupt practice act, John Cart-
wright, a prominent resident of Har
risburg, has given bond in the sum ot
$100 for his release. Mis bondsmen
are J. C. II annuel and E. D. Cusick.
According to the indictment, Cart-.-right
is accused of posting placards
on the day before the recent local op
tion election at Harrisburg in the
business district of the town advocat
ing that the city remain "wet."
The posters dkl not bear the name
of the author or publisher so were in
iolation of the corrupt practice law.
The matter was called to the attention
o fthe grand jury with the result that
Cartwright was indicted, He was ar
rested yesterday and brought to Al
bany this morning. By furnishing
bonds he secured his release and will
be arraigned before Judge Kelly later.
Tfie placards posted by Cartwright,
'called the attention of the people of
the town in big letters, to-wit: Vot
ers: and then went on to say that
Marrisburg had so much in its treas
ury, that no city tax would have to
be levied, that the city wr.s in a pros
perous condition, etc., etc., winding
up with "Why worry how to Vote?"
NEW GRAND JURY HAS BEEN
CHOSEN FOR CIRCUIT COURT
ARRESTED FOR VIOLATION
OF BUILDING ORDINANCE
Miss Hulbert Denies Facts Con
tained in Newspaper Article
of Her Engagement.
SHE AND PROF. FGWLES
FRIENDS OF LONG STANDING
Judge Kelley Has Completed
Docket of Present Term;
Jurors Discharged.
Winding up the trial docket of the
present term of court last night, Judge
K.elly drew the grand jury to serve
for the December term out of the
jury list recently announced by Coun
ty Clerk Marks, and discharged all
the rest of the jurors except three
local men, who are retained in case
of an emergency.
Members of the new grand jury are:
Thomas Quigley, of Shelburn; M.
Story,- of Sweet Home; Asa Baker, of
North Lebanon; Hjcnry W. McEl
murry, of Albany; R. C. Burkhart, of
NorthJ-ebanon; S. H. Elliott, of Leb
anon, and A. L. Norman, of Lacomb.
The three Albany men retained arc:
J. W. Barton, N. D. Conn and H. C.
Harkness. Reason for choosing Al
bany men is that they reside in the
county scat and can be called upon
without unnecessary delay.
The next regular term of Judge
Kelly's court will convene on the first
Monday in March. For the next few
days his time will be occupied with
entering orders.
Albany Girl to Wed Wisconsin
Man Next June; Culmination
ef Romance.
That an article appearing in this
morning's Oregonian, of the an
nouncement of her engagement to a
Milwaukee, Wis., man, was entirely
incorrect, was the statement of Miss
Essa S. Hulbert, of this city, when in
terviewed by a Democrat representa
tive. The article bearing a Milwaukee
date line is as follows: "Teachers
and musicians of Milwaukee were sur
prised today by the -announcement of
the engagement of Professor F. Stan
ley, Powles, West High school facul
ty, to Miss Essa S. Hulbert, of Al
bany, Or., a daughter of Levi Htilbert,
a manufacturer Miss Hulbert is an
accomplished musician. The wedding
will take place soon, the date being
kept a secret.
"Professor Powles has been a mem
ber of the West High School faculty
for several years, teaching mathemat
ics and has been prominent in Mil
waukee musical circles.
"It was while appearing as a solo
ist in a Chautauqua in Oregon during
the summer vacation that he met Miss
Hulbert."
Wanted in Salem, Fred Hardman,
an alleged bad check artist, was ar
rested yesterday afternoon near Har
risburg by Deputy Sheriff M. Hawk,
and brought to Albany. The prisoner
was turned over to Sheriff Bodine
and Sheriff Esch of Marion county,
arrived last night and has taken Hard
man to Salem to answer the charge
pending against him there.
According to the officers Hardman
is wanted on a charge of passing a
worthless check on a Salem mer
yesterday morning. It is said that
the man skipped from the Capital
City as soon as he secured the money
and word was sent out in all direc
tions for his apprehension with the
result that the arrest was made near
Harrisburg.
Z. A. French, of Airlie, was in the
city this morning transacting business
matters. He will return home this
evening.
S 3 K (B S S 9
0
"I knew Pro. Powles in the East
long before I came West with my par
ents," said Miss Hulbert. "We have
been friends for a long time. I have
been residing in Albany for the past
four years. Two years ago Prof.
Powles was in Albany visiting with
us. He was here during the Chautau
qua assembly and was asked to sing
on several occasions during the local
talent entertainments. I cannot un
derstand how such an incorrect re
port could have gotten out. While
our engagement has not been formal
ly announced, it has been a pretty
well .established fact, among our
friends. ' The wedding will not take
place until next June. I suppose it
will be here but we will make our
home in the East."
'However, Miss Hulbert is not in
the least worried over the report and
takes it 'humorously. Miss Hulbert
is well known here among a host of
friends.
T. I. Terrill Will Have to Remove
Structure and Appear '
in Court.
Charged with violating the building
ordinance. T. 1. Terrill, a l.von street
cstaurant proprietor, was arrested this
morning by lluildiug Inspector Griff
King and is to appear in court tomor
row afternoon to receive the action
of Judge Van Tassel.
Meantime Terrill is to have a struc
ture he erected on East First street
near Lyon, removed. l.t is a one
store frame building, with dimensions
of 16 by 12 and is practically com
pleted. It was being built as sleeping
quarters for an aged man who is em
ployed by Terrill, who conducts the
Oregon Restaurant.
In constructing the building Terrill
violated the building ordinance, as
wooden structures within the fire lim
its are erstrictcd. Hailed in the mu
nicipal court this morning, judge Van
Tassel continued Tcrrill's case until
itomorrow at 1 o'clock when judgment
will be pronounced.
liiudiug, of Tangent, was in the j Robert P. IXToe, of Silctz, was a
yesterday atlernonn transacting ; liu.-iiu-ss visiior in the city yesterday,
business.
T. L. Taylor, of Medt'ord, was in
the city this morning lie is at the
llamnu-1.
returning home this morning.
J. X. Duncan returned this morn
ing from a visit to his farm near Jefferson.
i 1
OREGON REPRESENTATIVES 1
AT LAND SHOW ADVERTISE
Distribute Unique Cards Bear
ing Names and Titles
"Oregon Is the Place'
Weather bureau, has been issued and
CITY NBWS.
Weather Fair. The range of tent
pcrature for 24 hours ending at 8 1
o'clock this morning was 33 to 39 de- i
grees. The river is 5.1 feet. The wea
thef report says cloudy tonight and
Saturday. Probably rain.
Came Near Snowing. Although it
didn't snow last night or even rain,
contrary to yesterday's weather pre
diction, it is conceded today that it
came very near it. A statement was
made this morning by a person who
happened to be up late last night that
he noticed a few flakes falling. Whe
ther this can relied upon is to be de
cided. Climatological Service Report.
The report for September, 1913, of
the Climatological service for District
12, Columbia valley, as compiled un
der the supervision of Edward A.
Beals, district editor, of the United
States Department of Agriculture's
3 a copy is on file at the Commercial
CITY MARSHALL JOHN ZELLER OF
(By United Press Association)
Gervais, Or., Dec. 5. City Marshal
John Zoller was shot and perhaps fa
tally wounded early this morning by
one of two unidentified men whom he
found lurking along a roadway. The
bullet took effect in Zoller's neck.
The men escaped , and no trace of
them has yet been found, although
' the country is being scoured far and
wide in an effort to discover their
whereabouts.
Word was received here today by
Chief of Police Austin by wire warn
ing local officials to be on the lookout
for the men who shot the Gervais
city marshal, descriptions of whom
have been furnished.
Salem, Dec. 5. A man with a bul
let in his shoulder applied to the sher
iffs office today for medical assist
ance. He was immediately arrested
by Deputy Sheriff Xeedham on sus
picion of being one of the men who
shot Marshal Zoller of Gervais this
morning. The man gave his name as
Ray M'Carolly.
club.
Modern Travellers to Meet. The
Modem Travellers club will meet to
morrow afternoon at the home of
Mrs. C. 13. Winn on West Fourth
street. - The hour will be 2:30 o'clock.
Mrs. H. N. Bouley, of Jefferson, for
merly of Albany, and a well known
member of the club, will be hostess.
All the members are urged to be
present.
Sent to Asylum. John Doe was
this morning committed to the state
insane hospital by Judge McKnight,
following an examination conducted
by Dr. Robnett. Doc is a foreigner
and has been confined to the county
poor farm for some time. It was
thought he would recover there but
becoming suddenly worse yesterday it
was decided to hod an examination.
Xobody could understand what 'he
said, hence he had to be committed
as John Doe.
Emerson to Speak. Leaving this
afternoon for Jefferson, Rev. F. W.
Emerson, pastor of the First Chris
tian church, of this city, will tonight
address the Marion County Sunday
School convention which is being held
in that city today and tomorrow.
Elks Hold Social Session. After
the regular meeting of the Elks lodge
last night the members enjoyed a so
cial session, including a program
which had been prepared by a com
mittee consisting of Walter XI. Par
ker and John Collins. The best amuse
ments from the various picture shows
and vaudeville houses were secured
and the program was one of the best
ever held in Albany. The attractions
from the Bligh and Rolfe were ex
ceptionally good.
Unique cards were received yester
day by sMiss Bculah Hinklcy from
Manager Stewart who is an Oregon
representative at the Chicago land
.show, bearing the names of the Ore'
gon representative and delegation of
Indians who visited the Oregon ex
hibit.
The Oregon representatives' cards
are printed on orange colored paper.
On the face is a large black oval cir
cle, in which is inscribed: "Oregon
is the place for you." Wliting the cir
cle bu each card is the following:
"C. II. Stewart, Secretary Albany
Commercial Club, President Willam
ttc Valley Exposition Association, Al
bany, Oregon"; "C. C. Chapman, Sec
retary Oregon Development League,
Oregon State Immigration Agent,
Manager Portland Commercial Club,"
"J. M. Duryea, manager Eugene Com
mercial Club, Eugene, Oregon," "M.
'E, Smead, manager of Exhibits, Port
land Commercial Club." On the back
of the cards is inscribed around an
other black circle: "Buy your ticket
(1915) via Oregon." They are used
as 'business cards by the representa
tives and are passed among the vis
itors at the show.
The Indians came from Glacier Na
tional Park, and were sent to the shpw
by the Northern Pacific. Their vis
iting cards bear their respective
names and titles; Bird Rattle, guide;
Chief Calf, interpreter; Fish Wolf
Robe, dancer; Medicine Owl, medi
cine man; Judge Wolf Plume, chief
tain, and the following: "Meet me
'Glacier Park next summer. Much
trout good medicine heap fun."
W. R. Shinn, M. D., diseases of
tye and car a specialty. Eyes tested
and spectacles guaranteed a perfect
fit. Any style of lense or frame. Of
fi.ee over Cu sick bank. wk s9tf
News cn This Page is
From Daily lue of
FRIDAY, DEC. S, 1913. 1
O
MONEY
We arc prepared to furnish mon
ey on farm loans in the Willam
ette Valley at the lowest current
rales of interest. Will give five
years time and allow the bor
rower liberal options of prepay
ment. If you can mrfkc more
money from your farm by ad
ding livestock and new machin
ery and new buildings we will let
you have the money for that
purpose. If you want to dis
pose of your place, the quick
est way to make a sale is to add
substantial improvements. When
in need of funds call on us.
We arc the only established
company making long time
loans in this county.
The Oregon Title
and Trust Co.
ALBANY.
OREGON
Look For Your Number
New Numbers Put on Monday
Visit This Christmas Store
Look over this guide. It is
printed to help you , make
your gift buying easier.
How often have you wondered "What shall I give mother?" and in
fact every one else. The problem very often becomes perplexing.
Make your gift buying a real pleasure by consulting this list, then
come to our store and make your selections.
Gifts For Ladies and Misses
Chick Here
Fur sets $1.50 to $1 10.00
Fans 50 to $1.00
Jewelry novelties . 10c to $3.00
Cut Glass $1.00 to $3.50
Coats $4.50 to $25.00
Kimonas $1.50 to $7.50
Hosiery 10c to $2.00
Gloves 50c to $3.50
Handkerchiefs 3c to $3.50..
Umbrellas 75c to $6.00
Combs 25c to 75c
Waists 75c to $10.00
Neckwear 25c to $3.50
Table Linens . . . $2.00 to $7.50
Shoes $1.50 to $5.00
Bath, robes $2.50 to $9.00. .........
Slippers 50c to $2.50
Then too, we have:
Needle Art Deprtmnt Trimming Depart.
Notion Department Ribbon Departmnt.
Underwear Deprtmnt Rugs & Draperies
Gifts For Men
Umbrellas $1.00 to $4.50
Bath robe . . . . .$3.50 to $9.00.
Hose 25c to 50c
Suspenders . . : 75cc
Combination set, hakf., tie,
safety razor 75c
Slippers 50c to $3.50
Handkerchiefs 10c to 25c
Card cases 50c to $1.25
Cigar cases $1.50 to $2.50
Neckties 25c to $2.00
Gifts For Children
Mittens 15 cto 25c
Gloves 15c to 50s
Dresses 75c to $5.00
Slippers 50c to $1.50. '.
Shoes $1.00 to $2.50
Hosiery 10c to 25c. .........
Ribbons 5c to 75c
Sweaters $1.00 to $2.50
Coats $1.50 to $5.50
This list prepared In a spirit of helpfulness. We have
tried to print here only a general list of gift things for
for Xmas, with a price range of each item. However,
we want to impress upon you that we could not pos
sibly list even a starter of all the good things in store
for you, nor could we possibly convey to you on this
printed page, the worthiness of the values provided in
gilt goods ol every nature. Uive us a personal in
spection.
YES Everything in the Drygoods Line
BUY EARLY " CHRIST .
YOU ARE LOSING MONEY
Unless You Get the Henefit of
Wholesale Lumber Prices
Now Quoted
ALBANY LUMBER CO.
Both Phones.
SURVEYING?
s PENLAND & EATON
Room 5, Newew Bligh Bldg.
Bell 535-R.