E
Lula B. Cary and John A. Cary
Have Been Divorced Twice
in Less Than Year.
WERE FIRST MARRIED
OVER SIXTEEN YEARS AGO
"The Other Woman" Is Cause
of It All Wife Told Not to
Marry Him Again.
After nearly 16 years of happy mar
ried life, Lulu B. Cary and John A.
Cary of near Stayton have had an ev
entful seventeenth year of matrimon
ial turmoil, in that they married each
other twice and have been divorced
twice. The second divorce was
granted this morniil! by Judge Gallo
way and tile wife was told that it"
she married Cary again she need not
apply to 'him for another divorce.
To be divorced, remarried and di
vorced in less than one year after
previously living happily together for
16 years, forms an out of the ordin
ary coincidence. "The Other Wo
man" is the cause of it all. Mrs.
Cary was granted her second divorce
from t-i;c same man on ptaclically the
same grounds she secured her first,
that of desertion for another woman
and she is named in the complaint as
Mrs. M. V. Vernon, formerly ot near
Stayton, but now of Washington
state. The wife will 'have the cus
tody of their II year old daughter.
The couple were married the sec
..ml time in Album' on June 24, 1113.
The first divorce was granted in the
fall of lyiJ. Atter M-vcral monins oi
scnaration tiicv came to Albany
cured a license and inquired oi the
clerk where they could find a justice
of the peace. At that moment justice
Swan stepped into the office. Stand
ing practically where t'hey stood when
the license was issued, they were
married on the spot in the present
ed the clerical force of County Clerk
Mark's office.
Here the spotlight went out until
a s'hort time ago, when the second di
vorce complaint was filed. Ill it is
set up that they were first married
May 27, KS90. They resided peace
fully on a farm until two years pre
vious to June 1913, when it is alleged
the defendant became intimate with
Mrs. Vernon, a neighbor. It is claim
ed that for nearly a year after the de
i -'ant coninuied to visit her and
when the plaintiff protested, would
l.ecuine angrv, telling her he didn't
care for 'her but that he thought "lorc
of Mrs. Vernon. Mrs. Cary asserts
she suffered great humiliation and
that the acts of her husband under
mined her health, so that she became
a nervous wreck.
After the first divorce was granted
f r; 1 1 oi 11)12. it is claimed that
the defendant and Mrs. Vernon mov
ed to Chehalis, Washington, where
the former remained until June 1913.
. Returning to his former wife, it is
asserted, he represented to her that
it was his intention to lead an honest
hie. She forgot and forgave and they
were married before the month was
over.
It is claimed that after returning to
their oid home, tne defendant seem
ed ashamed to be seen by any of the
old neighbors in company with the
plaintiff and treated her coldly, until
Inly 2 when he went to Salem, saying
he was going to purchase a wagon.
Xot returning until 9 days later upon
inmiirv from the plaintiff, it is alleged,
informed her he had been to Chehalis
to ce Airs- Vernon and when she
protested, he became angry, saying
he was a fool to ever marry her and
that he loved Mrs. Vernon more than
he ever did her. On July U it is
ci';"R-il. he deserted his wife and has
since not resided with her. Attorn
ey S. il. Hetzel represented the
.iaintiif.
WILL CELEBRATE BOTH
WEDDING ANNIVERSARY
Mr. and Mrs. Hiatt of East
Albany Will Observe Day
Tomorrow.
To be congratulated by scores of
reoplc and old time friends of this
city. Mr. nnd Mrs. Henry Hiatt oi
Ore'tron. will tomorrow observe the
sixtieth anniversary of their wedding
at their home on Geary street.
N'o particular celebration will mark
the observance oi Hie day. However
many iriends are planning to visit the
awd couple informally during the
dav. . . .
Mr. and Mrs. Hiatt were married m
Indiar-a December 17. 1S.-.V T .hey
hive lived here continuously tor about
years l'cforc sctllintf here thj-y
lived in various other places m the
Northwest. 'They are yhc parents
of three children, all ot whom are
married. They are grandparents
trout grandparents and great great
grandparents. M. Hiatt's age is given
as M He served in the Civil ar
.vd is a member of McP.ieon I os:
G. A. R.
!o'n 1' Kcnncdv of Tiigcnc was a
visitor in the city this morning.
HARRISBURG LOCAL OPTION
CASE TO COME UP TODAY
Two Score of Witnesses Are
to TestifyMay Take
Two Days.
To come up for trial before Cir
cuit Judge Galloway sometime this
afternoon, the Harrisburg local option
-outirsi ca.-e will be touglu out be
tween W. B. Holman a saloonkeep
er of Harrisburg, and the county
jourt, with nearly two scores of wit
nesses to testify on both sides.
Today is the day set by Judge Gal
loway for the hearing of the case,
after it came up a few days ago, wnen
the Judge sustained a demurrer in
terposed by Attorney Mark Weather
ford that the city officers of Harris
j could not be involved in the
suit because they were not parties to
the election. At that time the judge
:lso granted time to tne plaintiff to
file an amended complaint and re
ceived another demurrer internosed
by County Attorney Gale S. Hill, of a
cgal technicality that there were no
grounds for the case. This was taken
.iiider advisement.
Judge Galloway is at present hear
ing the injunction suit of Gooch vs
Galloway and the local option case
is to come up immediately upon the
completion of this case. It is expected
that it may take two days to com
plete it.
FOR CONTEMPT OF COURT
RICHARDS TO SERVE 10 DAY!)
Charged . He Sent Daughter
Away When Cited to Bring
Her in Court.
Charged with contempt of court,
Edward Richards, a laborer, was yes
terday afternoon sentenced to 10 days
in the county jail on the grounds that
he disobeyed an order of the court
served on him last week to bring his
13 year old daughter. Pearl, into the
juvenile court.
Six weeks ago a complaint was fil
ed charging t'liat the girl was depen
dent and should be taken away from
her father. Judge Melvnight allowed
Richards to keep the girl pending
good behavior. More complaints
were made last week and a new hear
ing was ordered. When the citation
was served on Richards he sent the
girl out of the 'jurisdiction of the
court. Inquiry as to where she is,
brought a response that she was in
Tillamook residing with relatives.
a
a
& i) W
CITY NVTfS.
3 3 9
Petition to Probate Will. Upon
petition of Elizabeth Rice in the mat
ter of t lie estate of Nathaniel G. Rice,
she will be appointed executrix of the
estate and the will will he admitted
to probte. The estate is valued at
$42,000 and is to be divided between
five heirs.
Grand Wrestling Exhibition on
Thursday, Dec. 18, under the auspices
of the Albany Military Club. C. A. R..
Bob Peterson, 180 pounds, champion
of Alaska and Jack O'Neil 186 pounds
Champion ot the northwest will wres
tle. Two preliminaries, in which two
Albany boys will contest against O.
A. C. talent will take place before the
mam match. At the Armory at 8
p. in. The admission will be 50c and
:jc. lickcts on sale at all cigar stores.
Pavement Slippery. Owing to the
extreme suppcriness ot the pavement,
one horse of a farmer's team coming
down secoiul street tins morning slip
ped and fell heavily. It regained its
feet immediately with no damage
(lone anywhere.
Married in Portland Harrv L. Moe
and Miss Minne Washburn were mar
ried in Portland on December 13, at
tlie home of the bride's parents. The
bridegroom is the son of M.-. and
Mrs. L. E. Moe.
Basketball Court. A new basket
ball court has been laid out on the
Central school grounds. Il is on the
west side ol the bunding and is lor
the use of the girls. The boys' court
will be maintained as heretolore
front of the building.
Auto Smashed Up While turning
around the corner at Ellsworth ana
rottrth street this noon the auto driv
en by C. 1'. Peebler in delivering milk.
skidded on the slick pavement into
the curbstone, resulting in the left
trout wheel being smashed and
-mall walnut tree being broken down.
the wheel was literally reduced, every
-poke peing torn out 1 lie tree w;
growing in front of the J. K. Haight
home. No other damage was done
to the machine.
Weather Report. The range of
temperature for 24 hours ending at 8
o clock this a. m. was 4.) to 34. 1 he
ramiall tor the same period was .01
niches. 1 lie river is 2.K. 1 lie weat-ner
prediction is fair tonight and tomor
row.
Fountain Fixed. The fountain of
tiic Albany State Bank has been sup
plied with a proper spout and now ai
fords a better drink. The spout that
.ins been m use during the past few
'bys was only tenl"orary until the
: ri-sont ov.e was -ecured.
Decree Favors Plaintiff Judge Gal
low-ay rendered a decree in the case of
Martha Houston against Orpha Gree
ner, favoring the plaintiff. The case
involved alleged defrauding of the
'jlr.intitl's father and the defendant's
'rnmlathcr, by tile Infer out of land.
Ai.ich it was chimed rightfully be
longed to the plaintiff through inher
itance. The case was of a mother
virtually charging her own daugi.ter
of fraud.
COLLEGE-SCHOOL
Aacked by Vote and Lawyers
Advice School Board Will
Make Transfer.
PAPERS ARE MADE OUT,
WAITING FOR ABSTRACTS
Clerk Tomlinson Stated This
Afternoon That Deal Has
Been Fully Closed.
Backed by the approval of a ma
jority of the people who voted up the
question and the opinions of several
urominent attorneys of Albany, the
school board and the Albany Col
lege authorities 'have had papers of
conveyance drawn up for the ex -change
of the Central School site and
two blocks of the Albany College
campus.
Clerk Tomlinson of the school
board stated this afternoon that the
deal has been fully consumated and
that the papers are being held in es
crow, pending the bringing down ot
the abstracts.
As soon as this work is completed
and the abstracts show clear titles the
papers will be transferred and the
school district will become in pos
session of the college property and
the college trustees in possession of
the school site. The former is to
be used as a sTie for a new and larg
er school and the latter for a city
hall site, as it is eventually to be tak
en over by the city for ?22,000. Bonds
are now being advertised for sale to
raise the money.
The following passage from, .tilic
Oregon school laws for 1913, is cited
as giving the school board full au
thority over and above anything else
to consumate the deal: Section 113,
Shall Buy or Sell Property-Tax. If
authorized by a majority of the vote
of the legal voters present at any Ic
ily called school meeting tney snail'
purchase, lease or build school houses,
buy or lease land for school purposes,
furnish school houses with furniture,
litrhts and anaratus and for such pur
pose may when so authorized, levy
ot oilener than once a year, a tax
ot exceeding five nercent of the "val
ue of the taxable pronerty of the dis
trict or issue or sell negotiable bonds
hereinafter ill this act provided.
They may also sell, lease or other
wise dispose of any property belong
ing to the district when authorized to
do so by a majority vote at any leg-
lly called school meeting, proviueu,
tlint the rail for sil'- l meeting shall
have stated that such safe, ease or dis
position would be one ot the objects
of such meeting.
FUGITIVES WERE OVERTAKEN
BETWEEN SHEDD AND HALSEY
Harvey Thompson and Harry
Wright Re-captured and
Returned to Albany.
Trailing them from Pirtlc through
fields, brush and swamps, down roads
and up railroad tracks, it was not
until yesterday afternoon, nearly
six hours since t'he chase was taken
up, that Sheriff Bodine and Constable
Cat lin overtook Harvey Thompson
and Harry Wright, who broke It oin
the county jail yesterday morning,
beating it down the S. P. railroad ties,
between Shedd and Halsey, nearly 12
miles farther south than where the
fleeing prisoners were first heard. The
boys were returned here immediate
ly and are confined ii a cell in tlie
county jail, where they will in ali iikc-
lyhood remain most ot the time inui
their case is acted upon by the grand
jury, l hey are charged wirn ourg
lary.
Constable Latlin stated this morn
ing that the boys were making a very
strategic iretawav. He said they cris-
crossed back and forth over the roatls,
went through fields and brush until
quite a distance south, when they
took to the S. I'. right-of-way. The
constable said he trailed them in many
places where the earth was sott and
found out tha; they walked accord
ing to a fashion of the Indian, step
in step, in a great many places. They
were fairly well tired out when over
taken and gave up peacefully. Piled
into the rig, Sheriff Bodine brought
them back while Constable Cat lin
took the train at Shedd.
Henry Ray, who has been in Port
land the past few months, is in the
city vi-i;iug friends and relatives es
pecially friends.
J. W. Swank of Tallin. transacted
business here this morning. He is
stopping at the Vandran
o
Civic Club Met Yesterday The la
dies' Civic Improvement Club met
yt sterday afternoon at the Commer- j
ciay Club and transacted routine biisi-
nc-. Reports of various officers wen
received and the condition of the club!
was summarized. All oi t;ie report-'
were good. The meeting wa- well
attended. j
Assumed Business Name. Certifi-'
cate of a-umed bu-ine- was fib-d thi
morning by Joseph McHargue and I.
If. BrtLrvs. as proprietors of Meilar-j
guc & Brigtfs, of Brownsville. . i
STUDENTS DECREASE AND
INCREASE DURIN6 YEAR
Many Towns of County Show
but Little Gain While Others
Have Big Increase.
Showing increases and decreases of
attendance of school children in the
chools of various towns of the coun
ty, Superintendent Jackson this morn
ing announced his yearly report of
the number of children of school age.
In the Albany schools there is an
increase of only one student over
last year, there being 15lX) this year
as to 1589 last year. In Lebanon
there is quite an increase over last
year, there being 712 this year as to
652 of last year. Halsey shows up
with 150 to 134, and Harrisburg, 245
to 219.
In both North and South Browns
ville there is a decrease. The former
'had 258 last year and only 232 this
year. The latter place has 203 this
year as to 213 last, year. Tangent
shows a remarkable increase for a
small place, having 115 to 100 last
year. Sweet Home breaks even with
117. Crawfordsville has 100 this yeat
to 86 last. Shedd shows 122 this yeat
to 110 last year and Scio a decrease
of -one, 137 to 136. Oakville has 75
this year where it only had 62 last
year.
SEEKS INJUNCTION AGAINST
DRAINING OF TIE DITCH
Shelburn Prop erty Owner
Claims That Water Backs
into Basement.
Because Caroline Galloway .dam
med a stream thereby causing, lie
claims, the water to flow in to the
basement of his house. A. l Gooch
is seeking- an injunction from udge
Galloway to make the defendant re
move the obstruction. The case went
to trial this morning shortly before
11 o'clock.
Tlie parties involved arc residents
and properly owners of SheKuiru.
Gooch claims the dam 'was placed
across a ditch running through the
town, by the defendant, on her prop
erty, and that it has mused the water
to back into tlie. basement of his
house. He contends it U a natural
waterway and drain ami rdiould not
be hampered. On the uth-r ban 1 the
defendant
claims it jverflows the
land.
ALBANY COLLEGE HAS
TWO NEW TRUSTEES
Wheelerand Fuller of Portland
Chosen at Meeting Held
Yesterday Afternoon,
'Meeting yesterday afternoon, the
board of trustees of Albany College
transacted a large volume of routine
business and adjourned until tlie sec
ond week in January.
Two new trustees were elected yes
terday by t'he trustees, the power to
make the selection having been dele
gated to the board by the Synod John
K. 'Wheeler of the WJiecIer Lumber
Comnanv of Portland and J I. rul
ler, Vice-President of the Portland
Railroad, Light & Power Co., were
chosen by the board.
Indue Robert Eakin of the Oregon
Supreme Court was elected by the
vnod several weeks ago as one of the
new members.
MONEY
We are prepared to furnish mon
ey on farm loans in the Willam
ette Valley at the lowest current
rates of interest. Will give five
years time and allow the bor
rower liberal options of prepay
ment. If you can make 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
are the only established
company making long time
loans in this county.
The Oregon Title
and Trust Co.
ALBANY.
OREGON
HALSEY ELECTED
NEW OFFICERS
S. G. Robertson Chosen Mayor
Over Woman Candidate, Three
Cornered Race.
MRS. ID CUMMINGS WAS
DEFEATED BY 31 VOTES
J. W. Rector Was Elected Re
corder and J. D. Wallace
Chosen Marshall.
Halsey, Or., Dec. 16. (Special to
Democrat.) In a three cornered race,
with one candidate a woman, S. G.
Robertson was elected mayor of Hal
sey yesterday in the city election by
a majority of 31 votes over Mrs, Ida
Maxwell Cuuungs, while tha third
candidate polled on 14 votes. Mr.
Robertson polled 66 votes, and Mrs.
Cumings 35. Only 115 votes in all
were cast.
In a two cornered race for recorder,
J. W. Rector was elected by a ma
jority of 4 votes, his opponent, Lee
Davis, polling 58 to his 62. It. Taylor
was t'he only candidate for treasurer
and was declared elected. 1 here
were three candidates for marshal. J.
D. Wallace being elected, polling 54
otes;-V. C. Carev, 41, and h. M
lewetr. 18.
There were five candidates for
councilman, of which three are elec
ted. Thev are Frank Kirk, Riley Do
gan and George Taylor. The num
ber of votes l-lie various candidate
nolled are: Kirk. 78: I.mran. 67: Tay
lor. 90; G. W. Mornhwing, 56, and
lierrv Cummimrs. 49.
It is estimated that at least 4(1 per
cent of the votes cast were bv wo
men.
'Mrs. Ida Cummings, who was de-
Tented for mayor, has the distinction
of being the first woman to run for
the chief executive s office ot a city
in t'his section. Two other llalsey
women, Mrs. William Mahan and
Mrs. C. K. Gyliford, were nominated
for places on the council but with
drew before the election. Several
men also withdrew their nominations.
peculiar situation at one tune was
that Mrs. Mahan and her husband
were candidates for the council.
ORCHARD COMPANY SUED
FOR MONEY RECOVERY
Askiutr imlnnuMit in the sums of
$4S0 ami $125, the latter heiiiK for at
torneys fees. A. W. MUM tins morniiiL'
ins? filed suit against the Liniihaven
Orchard company to recover on a
promissory note, executed Septem
ber 16, 1912, for tlie former sum ami
payable on or before January 1, I'JM.
It is alleged that no part of the
note has been paid and that it was
executed for valuable consideration.
Attorneys Sclinntt and bchmilt ol
Portland, represent the plaintiff.
I.. S. Bennett, of Shelburn, attend
ed business matters here this morn
ing. Mrs. II. E. .Itucbler of Mill City
was a shopper in the city this morn
ing. . . ..
K. O. Russell, of Tolk county, was
in the city this morning. He visited
his brother Rufus Uussel, deputy
county clerk.
$12,000 JUDGEMENT
GIVEN TO NATIONAL BANK
Judge Galloway this morning grant
ed a decree of judgment for $!2,(HjO
in behalf of the First National Hank
against the Oregon Title & Trust
company.
The suit was to recover on a note
executed October 1, 1911, lnterc.it to
late is to be paid and $500 ;ittonu-y
t'ec. Several shares of stock of the
Linn Coutny Abstract company, a
iub concern of the trust company, is
inolved in the suit, together with
other securities.
News on This Page is
From Dail' Isue of
TUESDAY, DEC. 16. 1913
YOU ARE LOSING MONEY
Unless You Get the Benefit of
Wholesale Lumber Prices
Now Quoted
ALBANY LUMBER
Both Phones,,
SURVEYING?
s PEN LAND & EATON
Room 5, Newew Bligh Bldg.
GRANGE INSTITUTE HELD
YESTERDAY IN ALBANY
Two Prominent Grange Speak
ers Present; Plan of Co
operation Considered.
Convening yesterday morning at 10
o clock at W oodmen Hall, with a .
large number of Linn and Hentou
ounty grangers in attendance, a
;range institute is in progress during
which a plan of cooperation is to he
presented and general grange work,
iloirg instructive lines, will be dis
cussed.
It is probable that other matters
will be taken up, including the mat
ter ot public market in Albany.
It is expected t'liat several resolu
tions of more or less importance will
be passed. The meeting will not ad
journ until this afternoon, late.
hvery grange in Linn county was
notified of the meeting and was urged
to send as many representatives as
possible. The granges of the terri
tory immediately adjacent to Albany
Men ton were also notitieu and
urged to have a delegation present. A
heart v response was accorded the invi
tations and grangers from Lyons and
Foster and various other distant
places arc present. Granges close to
Albany in bot'li Liivn and Hentou coun
ties are well represented.
Two main speakers, men prominent
in state grange work, are to lead the
discussions. C. K. Hoauchard, of
Grants Pass, a member of the stand-
'iiate cooperative committee, wilt
present a plan of cooperation. B. G.
Lecdy, of Curvallis, a member of the
executive committee, led the discus
sion of general grange work, along
instructive lines.
Many prominent local grangers en
tered into the discussions and the in
dications are that a rousing meeting
is being held.
PERSONALS AND NEWS
NOTES FROM SHEDD
Shedd, Dec. 17. (Special to Dem
ocrat) C. S. Miss ot Silverlon had
business in Shedd last week.
Roy Duncan and Miss Kay Coney
were Albany shoppers last week.
Messrs. N. Warmeth and O. Itond,
of llalsey, had business in Shedd Tu
esday. 1'ieu 1 rue of llalsey was a Shedd
visitor last week.
h. Dow was in from his ranch near
Oakville Tuesday doing some shop
ping.
deo. II. Moss of laiuient was m
Shedd aSturday.
Oeo. Maxwell had business m Al
bany last week.
1''. -M. Johnson of Taconia had busi
ness here last week.
An Albany boys' ball team played
a game of football with the Shedd
high school on the Shedd gridiron,
won by a score of 6 to 0. Features
of ihe game were a touch down by
Stone and the tackling by Walter
Honey.
N. R. Howard of Halsey had busi
ness calling him to Shedd Tuesday.
Thoniinson and l'aber of Albany
had business calling them to Shedd
Monday.
Several young folks of Shedd at
tended the dance at Tangent last Fri
day evening and report a good time.
j. C. Davis had business catling him
to Tangent M outlay.
Mrs. A. Sutherland was in Albany
two days last week visiting with her
daughter M iss Rather hie Sutherland.
Mr. and Mrs. Henry Frcerkscn .vere
Albanv shoppers last week.
C. II. Davidson had business 'ail
ing him to Albany last week.
Mr. and Mrs. W. K. Catch well w-te
Ali mil v visitors Sunday evening
Mr. II urley M organ and wilV r.f
i'hinview were Shedd shoppers Tiii-s-day.
SP
SHEDD AND HALSEY MEN
BUY SHORT HORN CATTLE
Shed, Dec. 17. (Special to Dem
ocrat) Mr. J. li. Cornell while at
the stock show at I'ortlaud last week
sold six bead of shorthorn cattle,
which averaged him $l.SO each. I K
also bought a fine bull out of the
Dunn herd. It would be worth any
one's time to go out and see M . '!ir
nctt's herd. He has as fine a herd
as is seen anywhere.
Mr. I'. T. 1'atton of Halsey nlso
bought a young shorthorn bull ut of
the Dunn herd and had it delivered
to Shedd with Mr. Cornett's ship-
ITH'tlt
CO.
Bell 535-R.