HEAVY SENTENCE
Must Pay Fines Amounting to
$1000; and Serve 90 Days in
Linn County Jail Here.
COURT PAROLESHIM ON TWO
CHARGES AGAINST HIM TODAY
Juge Galloway Gives Peacock
Some Excellent AdviceBefore
lir.posir.g S3r.tsr.ce.
Continued from Saturday, Nov. 23.
With the courtroom well filled with
residents of this city, Judge Win. Gal
loway this morning at 10 o'clock sen-,
tenced Al Peacock to pay fines of
$1000 and serve 90 days in the county
jail for the various convictions secur
ed against him by the district attor
ney's office for violation of the loca
option laws. If Peacock fail sto pay
his fines oi $1000 he will be compelled
to remain in the county jail for a per
iod of 590 days or nearly a year and
a half. ,
Onthe first two charges upon which
Peacock was found guilty this week,
he was sentenced to pay a fine of $250
and serve 30 days on each one. On
the case which was appealed from Jus
tice of the Peace Swan's court, Judge
Galloway upheld the sentence imposed
by Judge Swan and the fine of $500
and thirty days in the coutny jail
which was imposed by Judge Swan on
Peacock last spring, was allowed to
stand. This made a total of $1000 and
90 days in the county jail in sentences
imposed this morning by Judge Gal
loway. In the case of the City of Albany
against Peacock, for indecent exhibi
tion which was appealed to the circuit
court, Peacock was sentenced by
Judge Galloway to serve 50 days in
the city jail but sentence was suspend
ed and the defendant paroled with the
understanding that the minute that he
violated any of the city ordinances or
the local option laws in the future, he
would be arrested immediately and
compelled to serve out the 50 days
In the case of Oregon vs. Al Pea
cock for violation of the local option
law to which Peacock plead guilty
yesterday, he was sentenced to serve
30 days in the county jail. Sentence
in this instance was also suspended
and the prisoner paroled with the
provision that should he at any time
in the future violate any of the laws
of the city or county, he will be ar
rested and compelled to serve it out.
Ecforc imposing sentence this
morning on Peacock, Judge Galloway
asked Judge Whitney, whom he ap
pointed a few days ago to defend
Peacock, if he had anything to say in
behalf of the defendant. Judge Whit
ney arose and said:
"I had a talk with Mr. Peacock yes
terday and he promised me that if
he was given a chance by the court,
he would never again engage in the
sale of intoxicating liquor and would
not apply to the government for fur
ther license. He told me that this
had been a lesson to him and if the
court would deal gently with htm he
would endeavor to conduct himself a
good citizen. I have known his father
for vears and he comes from an ex
cellent family and I believe that there
is still good i:i him and that if per
mitted he will make good.
"I believe in enforcing all of the
laws in the criminal statutes and
every good citizen wants them en
forced, and I will leave the defendant
to the mercy of the court."
When Peacock was brought before
the court to have sentence pronounc
ed. Judge Galloway said:
"The court is satisfied that you have
been given a fair and impartial trial.
I hold n: ill will against you. You
undoubtedly know and feel that there
are others in Albany just as guilty as
vim are and the court believes that
there are. However, I will say that
you arc o;ilv a little in advance of
them and t'.iat they will be brought
ln'forc the bar and made to suffer the
penalty for their wrong-doing.
"You have admitted to your coun
sel that you have violated the laws,
which shows that you still have some
manhood, and your resolutions are
good, but at this time. Mr. Peacock,
1 feel that von are too weak to be
trusted and if I thought for a minute
that you would keep your word and
strive to be a better citizen,. I would
ensider paroling you on the other
cliargc-s.
"After vnu nave served your sen
tence in the county jail and step forth
.main a free man. your heart will
pr. bablv have been strengthened and
"U will be better able to lace the
w-rld and become a good citizen. It
;. . :: shuv.- vui'.r relatives and the peo
:. of Albany that you really want to
::-.ake good," they will help you in
every way. I am sure, and assist
;-vi: in any way they can. When you
are free again', forget your evil as
sociates, and endeavor to recover
your standing in the community. ou
can do it it you will."
Judge Galloway also made it plain
this morning that violators of the law
v.-ho are convicted in the lower courts
crin rvnct nhsolutelv no leniency
from him should they appeal thcif
ease to the circuit court. He also
warmly complimented the people of
Albany for having the most efficient
officers of anv town in the state and
stated that they were men who were
striving to uphold the law s to the let
ter. Judge Galloway paid special
tributes to Judge Swan. District At
torney Hill, and the city official.
Peacock was placed in the county
jail this morning and will begin his
sentence immediately.
1 ALBANY SCHOOLS WILL BE
CLOSED ALL NEXT WEEK
School Kids to Take Vacation
While Teachers Attend the
Corvallis Institute.
Owing to the fact that the Linn
and Benton Teachers' Institute will
be held at Corvallis on Monday,
Tuesday and Wednesday of next
week and that Thursday is a legal
holiday, the public schools of this city
will remain closed all next week and
the school kids are happy over the
prospect of forgetting their books
and studies for seven big days.
The teachers' convention at Corval
lis will be one of the most important
hehl in the Willamette Valley for sev
eral years and all branches of school
work will be discussed by the most
prominent educational men in the
stale.
A number of noted speakers from
otiier parts oi the country will also
be in attendance, including Preston
W. Search of Clark University, Mas
sachusetts. E. 1 Carlton, assistant state super
intendent of public instruction; P. L.
Campbell, president of the University
of Oregon: J. H. Ackerman, presi
dent of the Oregon State Xorinal
school; C. W. Doettichcr, city super
intendent of the Albany public
schools; Lloyd A. Marquam, princi
pal of the Albany High school, and
other prominent instructors of the
state will be in attendance
S
BANQUET AT SIX TONIGHT
Owing to the large number of
out-of-town guests the invita-
tions to the banquet which will
S be held at the Elks' Temple this
evening at six o'clock will be
limited to the presidents of each
university and two representa-
tives, the president of the Al-
bany Commercial Club, mayor,
and editors of the two local
newspapers. A reception to the
visitors will be held at the Com-
mercial Club rooms at 5:30 this
evening at which every business
man is urged tc be present.
S
S
S)
S SOCIETY.
Gertie Taylor, Society Editor.
Two enjoyable evenings of this
week were spent at the Chrysanthe
mum Fair, which was held under the
auspices of the Modern Travelers'
Club. The first evening the program
was under the direction of Mrs. Hans
Flo with numbers rendered by the
Treble Ctef Club and the Junior
Treble Clef Club. . The latter were
attired in Japanese costume and were
especially fine. Miss VVaggcncr and
Miss Clement gave a finished piano
solo while Mrs. Flo sang the classical
selection "Nirrana," in her usual
and pleasing artistic style. The sec
ond evening Miss Rice, instructor in
music ill the public schools, presented
a most pleasing program. She was
assisted in drilling the pupils by other
teachers. The numbers were very
unique, especially the "Japanese
Song," "Rainy Day," and "Doll Song."
The little song by the Davis sisters
was very much admired. The chrys
anthemums occupied the west end of
the large room, there being some very
fine plants. The booths containing
coffee and sandwiches, chocolate and
wafers, ice-cream and cake, candy,
and domestic science, were artistically
decorated and made an attractive set
ting for the sale of toothsome viands.
The art gallery of beautiful water
colored paintings was an interesting
feature. The palmist was a great at
traction and scores hung upon her
prediction of future weal or woe.
Both her gypsies and herself were
beautifully attired. "The Rocky Road
to Dtiblni" was more than its name
indicated, ghosts, hobgoblins, and
many varied obstructions awaited the
victim at every turn. The negro min
strels were taking. The audiences
were very large and appreciative and
the Modern Travelers are to be con
gratulated tipoiv the success of their
undertaking. The amount cleared is
expected to reach about one hundred
and fifty dollars, which will be handed
over to the Library fund.
.Mrs. J. .1. Collins entertained about
forty of her friends at "50;" on Mon
day afternoon. Mrs. A. W. Bower
s' ix was winning lady and received a
beautiful bunch of yellow chrysan
themums. Several songs were ren
dered during the afternoon by Miss
Blanche liamnicl and Mrs. Frank
Powell, which were especially enjoy
ed because of llie excellent voices
biith. The hostess was assisted with
her dainty repast by Miss Hammel
and Miss Alzina Parker.
Guests at the Tuesday Club which
nut with Mrs. Charles Lusick this
week wore the Mesdames J. W. Cus
ick. Harry CuHek. Tom Hopkins. R.
C. Hunt. Will Barrett. 11. M. Xcl
son. ami the Misses Carouthers and
Flora Mason.
On Tuesday afternoon Mrs. C.
Clinton Page entcrtanied at cards in
honor of Mrs. Glen Junkiii who has
assi-tod with the music for the danc
ing class given under the auspices of
the F.piseopal guild. Mrs. Junkin was
presented with a piece of silver. The
hostess assisted by her daughter
Marion and Miss Alzina Parker serv
ed an elaborate dinner.
The H. D. W. Embroidery Club
was entertained by Mrs. J. McChes
nev this week. Mrs. A. Austin and
Mrs. Elmer Conn were the invited
guests. .
The Misses Elsie Bain and Winnie
Austin have been spending the past
week out of town: the former a guest
at the Kappa Alpha Thcta Sorority in
Eugene and the latter the house guest
MRS.SMITH TELLS
STORY TO COURT
Woman Arrested Yesterday for
Using Obscene Language
Is Released.
TELLS HOW SHE CAME TO BE
LIVING AT MRS. MERRILL'S
Says She Was Employ edby Wo
man as Housekeeper for Past
' Threo Weeks.
With the arrest yesterday afternoon
of Mrs. W. H. Smith, who with Mrs.
E. Merrill, was charged by Mrs. Etta
Cochel of 337 East Second street with
creating a disturbance and using vile
and qbscene language in a residence in
that vicinity on Thursday evening,
several startling incidents in the lite
of the Merrill woman were disclosed
when Mrs. Smith told her story to
the court.
According to Mrs. Smith, she was
until recently a resident of Salem. A
few weeks ago she noticed an adver
tisement in a newspaper to the effect
that Mrs. Merrill wanted a house
keeper and was willing to pay the
sum of $25 a month for such service.
Mrs. Smith's husband, who is a ce
ment contractor, having recently hurt
his hand while at work, was thrown
out of employment and Mrs. Smith
decided to answer the advertisement.
Mrs. Smith stated that she wrote
to Mrs. Merrill regarding the position
and told her the circumstances about
her husband hurting his hand, making
it necessary for her to secure work.
Mrs. Smith stated that Mrs. Merrill
answered her letter and told her to
come to Albany and bring her hus
band with her, that she would not
charge him anything for his board
while he was out of employment.
They came to Albany about three
weeks ago, Mrs. Merrill telling them
upon their arrival here that her hus
band was away so much of the time
that it was necessary for her to secure
a housekeeper. Since their arrival in
this city the Smiths have been living
at the residence of the Merrill wo
man which is located on the north
side of Second street between Mont
gomery and ;Railrciad.
According to Mrs. Smith's story,
Mrs. Merrill came home Thursday
evening in an intoxicated condition
and mad because she had been order
ed by the owner of the building to
vacate immediately. She turned on
Mrs. Smith with a torrent of obscene
language, which kept up until inter
rupted by Mrs. Cochel, who threaten
ed her with arrest if she didn't quit
swearing. She then commenced call
ing Mrs. Cochel vile names, which
resulted in the latter having a war
rant issued for her arrest yesterday.
The police were unable to find
Mrs. Merrill yesterday, she having
evidently left the city before the war
rant could be served. The charge
against Mrs. Smith was dismissed, as
she denied having any part in the
swearing. She is past fifty years of
age and of good appearance and evi
dently answered the advertisement for
a housekeeper in good faith not
knowing anything concerning her em
ployer until recently, when she as
serts she asked the Merrill woman
for her wages so that she and her
husband could return to Salem.. .
Mr. and Mrs. Smith returned to Sa
lem yesterday. Mrs. Smith promising
to return and. testify against Mrs.
Merrill should she be taken into cus
tody again.
Mesidcs the charges for using ob
scene language and beirt ir.to.iicat
cd which have already been ".adc
against the Merrill wo:iutii, it is
probable that a charge of rr.o.c s:i-o'-s
nature will also ' lodged against
her should she rctu:n to this city,
for it is said that the .ithorities have
secured some damaging evidence of
sensational character against the wo
man. Mrs. Merrill is the woman whose
rooming house was destroyed by fire
at the corner of Second and Jackson
streets in this city last spring.
THREE THOUSAND COMING
FROM EUGENE TODAY
Trains to Hub City Are Loaded
to the Guards; Big Crowd
from Corvallis.
According to advices received this
morning by E. H. McCune from Eu
gene, it was necessary for the Oregon
Electric train to leave that city in
sections, the first train leaving two
hours earlier than was anticipated. It
is estimated in Eugene that fully
three thousand people from that city
will attend the big game in Albany
today.
Nearly the entire population of
Corvallis will also be in attendance,
many boosters for the O. A. C. hav
ing already arrived in the Huh City.
Newi Beginning With Thii Head Is
") From Daily Issue of ()
S MONDAY. NOVEMBER 25.
s
S
CHIEF POUGE RESIGNSsSPEGIALOFHGERS
ALSOHANDINTHEIR RESiGNATIONSTODAY
Shakeup in Local Police Department Result of Mass Meeting L' D , .. ,, . '.
Held a Week Ago at tho First Methodist Church When! Ogon Retail Merchants As
Daughtry Was Called Bet jre
Resolution Read Griff King
The biggest shakeup that ever occurred in Albany po
lice circles, happened this morning when Chief of Police
Ellis Daughtry and Policemen John Webb and Frank Mc
Clung tendered their resignations to the city council and
turned in their badges of authority. Special Policemen
M. E. Bilyeu, W. F. Howard, George B. Cummings, and
Herman A. Hecker also turned in their stars at the same
time. The resignations of Chief Daughtry and Policemen
Webb and McClung take effect immediately.
When Mayor Gilbert was informed that the entire po
lice force had resigned, he immediately called a special ses
sion of the city council and at the meeting which was held
in the council chambers at 10 o clock this morning, Griff
King was appointed acting chief of police to serve until the
regular meeting of the council on Wednesday evening
when the vacancies in the police department will be perma
nently filled. Acting Chief King this morning named
Charles T. Thrasher and Henry Wentworth, both of this
city, as his night policemen to serve until Wednesday even
ing. The officers appointed to serve until next Wednesday
took the oath of office today and are now on duty.
At the special session of the city council which was
held this morning, the following city officials were in at
tendance: Mayor Gilbert, Recorder Van Tassel, and
Councilmen Lyons, Snell, Chambers, Cameron, Simpson
and Hulbert. The resignations of Chief of Police Daugh
try and Policemen Webb and McClung were read by Re
corder Van Tassel and accepted by the council. Upon mo
tion of Councilman Chambers, Griff King was appointed
acting chief of police to serve until Wednesday evening and
the council adjourned.
When two hundred local business
men and residents of' this city, sum
moned Chief of Police Daughtry to
the Methodist church where a mons
ter mass meeting was in progress a
week ago yesterday, and read to him
a resolution which had been adopted
at the meeting and which read to the
effect that the men present at the
meeting were convinced that there
were blind pigs running in Albany
that could be put out of business with
a determined effort, as well as four
or more gambling houses which they
asserted were running wide open, and
also houses of III fame, they aroused
the ire of the police chief and this
morning he tendered hi sresignation
to the city council to take effect im
mediately and was followed immcdi
aely by Policemen Webb and Mc
Clung who also tendered their resig
nation. Chief of Police Daughtry stated to
a representative of the Democrat this
morning that since the meeting he
had considered the matter thoroughly
and finally concluded to resign in or
der that the people that have inti
matd that they can clean up the city
without any trouble may have an op
portunity to do so.
At the mass meeting held at the
Methodist church a week ago, Daugh
try was asked by Dr. J. P. Wallace,
ex-mayor of this city if he would go
immediately to the place conducted
LIEUTENANT CJ.BUTLEBIS
PROMOTED TO CAPTAINCY
Son of Mr. and Mrs. T. J. Butler
Will Be Tactical Officer at
West Point Academy.
Lieutenant Clifton M. Putler, a son
of Mr. ami Mrs. T. J. Butler of this
city. !:o is stationed at Fort Me
Pherso::. Georgia, h.vi juiit been pro
moted io the position of tactical of-"
ficer at the United States Military
Aculenty at West Point with the rank
of Captain. He has been ordered to
report T-r duty at once and will leave
Port McPherson accompanied by
Mrs. r.iiller sonic time this week.
The promotion of Lieut. Tlutler is
but another indication of his value
to the war department as an officer
of the I'. S. army and the news of his
promotion will be received with pleas
ure by his many friends in this city.
Lieut, ilutler has up to this time been
attached to the I7th infantry.
REV. AND MRS. JAMES MORRI
SON CELEBRATE ANNIVERSARY
On November 18, Rev. and Mrs.
James M. Morrison, formerly of Al
bany, who now reside at 348 East
Sixth street in Portland, celebrated
their golden wedding anniversary.
Seven sons and daughters, the sur
viving members of a family of ten,
were present t the celebration, in
cluding Mr- Walter Nelson of St.
Johns; Mrs. T. J. Keenan of Portland;
Mrs. D. 1L Thomas, of Portland;
Mrs. W. R. Hates, of Corvallis; Jos
eph Morrison, of Grass Valley, Or.;
T. C. Morrison, Grass Valley; and
James M. Morrison, Jr., of Portland.
One of the sons of Rev. and Mrs.
Morrison. Don Morrison, now deceas
ed, was a famous Oregon athlete, a
members of the champion football
team of Albany College in 1901.
Gathering of Business Men and
Appointed Acting Chief.
by Jim Hart and throw out the fur
niture and fixtures. The police chief
stated that he was ready to sign any
warrant that the city attorney or. the
district attorney might draw up and
present to him, but that he couldn't
go into any establishment and 'make
an arrest or destroy property with
out first haveing the authority to do
so.
Dr. Wallace seemed to be of the
opinion that Daughtry coultj go im
mediately to the alleged blind" pigs
and throw their furniture, and fixtures
into the street and informed Dtuigh
try that if he didn't do it at once,'
he would have the citizens o Albany
to appoint some one who would.
Then D. O. Woodworth arose and
said that he believed that it was prop
er to inform Daughtry of the current
rumors to the effect that he was re
ported to be receiveing money from
Jim Hart for protection. The meet
ing finally resulted in Chief of Po
lice Daughtry leaving the church hu
miliated and broken up over the state
ments made by some of those present
and his resignation today resulted.
He stated today that his decision to
resign was final. Accompanied by
Policeman Webb, Chief of Police
Daughtry left for Salem this morning
to confer, with Governor West re
garding several matters in connection
with the liquor question in- this cit y .
CAR KILLS BOY FLEEING
WITH A STOLEN APPLE
Youngster Pursued by a Fruit
Peddler and Is Run Down
and Mangled in Third St.
San Francis -o. Nov. 24. While at
tempting to d.d:;e a fruit peddler at
;'h; -1 and G- v.tc streets last night, an
unidentified newsboy fell in front of a
streetcar and was crushed to death.
The lad, with a number of other
boys, was selling papers near the cor
ner and the wat'oii of fruit proved too
much of a temptation, lie seized an
apple and started to run and the fruit
peddler gave chase. '
'1 he newsboy dashed across the
street directly in the path of the Third
street car. Jieforc warning could be
shouted he had been thqown beneath
the fender and mangled by the wheels.
As simii as Uih peddler saw what
had happened he ruined back to' his
wa;;on. tore down his signs, and drove
rapidly away. The police were unable
to find his name. Neither could they
identity the b-y. for while Jic was
known to all the newsboys, none pro
fessed to know bis name. The mo
lorman. I). McCarthy, was1 arrested on
a manslaughter charge.
NOTICE OF FTNAL SETTLE- .
MENT. ; -
Notice is hereby given that the tin
dersiyned administrator of the estate
of Hiram H. Dirr. deceased, has filed
with t lie county clerk of Linn county,
Oregon, his final account in said es
tate matter, and the Judge of said
County Court has fixed the 2Sth day
of December, 1912, at fbc hour of one
o'clock p. m. as the time for hearing
objections to Kaid account, if any
there be. and for the settlement of
said estate. g
o. v. niKu,
Administrator of the .Estate of Hiram
H. Dirr. Deceased. '
WFATH FR FORD & WEATIIF.R
FOKD, Attys. for Adtnr. N29D27
Horn, this morning, to Mr. and
Mrs. C. L. Monson, a 7-pound boy.
' WILLBE HELD HERE
sociatlon Will Convene in
Albany During January.
MEETING OF ALBANY
MERCHANTS FOR NOV. 29th.
Delegates Will Be in Attendance
from Every City and Town
in Oregon.
To perfect plans for the reception
of .the delegates to the convention of
the Oregon Retail Merchants' Asso
ciation and to effect a permanent local
organization will be the purpose of a
meeting which is called in this city
for November 29th by the secretary
of the state association.
The seventh annual convention of
the Oregon Retail Merchants' Asso
ciation will he held in this city during
the month of January and it is under
stood that delegates will be in attend
ance from nearly every city and town
in the stale.
Thus far the merchants of Albany
have perfected no organization and
there is a strong movement on foot
to organize and affiliate with the state
association which will convene here
in January.
Whether, a local organization is per
fected or not, the merchants will at
least perfect a temporary organiza
tion to the end that the visiting del
egates may be entertained properly
during their tay in, the Hub City.
HORSE SHOW GASPS .
AT THE BIZARRE GOWNS
Freakish Creations Cause Sen
sation; Worn by Three Un
escorted Young Worcen.
New York, Nov. 25. Vying with
Alfred G. Wynne Vanderbilt, Miss
Maude' Prcece, the 18-year-old Eng
lish girl, and other famous riders for
honors a ml Attention at the horse
show Saturday, were three freakoish
gowns worn by unknown and unes
corted young women, which caused
the great throng of society fashion
ables to gasp in astonishment.
One of these gowns was built of an
unde.rbody of lavender with lace over
dress liberally bespangled with fish
scales. It was cut high in the front
and lo.vy in the back and had a sheath
effect on either side running almost
to the waist.
. Another was of white ermine and
another of red satin. The latter two
were slit widely at the sides, display
ing the brightest of crimson hosiery.
A wearer of one of the gowns car
ried an eight-foot alpenstock.
Hut the young women were forgot
ten for thc tunc when Vanderbilt
made his appearance driving his
chestnut gelding Sir James to gig
for the national A cup The president
of the horse show association was
given an ovation and drove so well
that he carried off the blue ribbon
from WiJIiam P. Kearney's Canadian
stallion Triumph. ' ,
Then Miss Preece made her appear
ance for a spectacular exhibition of
riding. Although she was not com
peting for a prize, she wascompelled
to make- several extra circuits of the
ring. '. ,;
The broad wafer jump, in which
35 army officers from the United
states, England, Helgium, Holland
and Canada, competed, was woii by
an American.
The first trial began at 15 feet. The
jump was widened a foot at a time.
Kacli horse was allowed three trials.
The contest was won on thelH-foot
jump by Pico, a black gelding ridden
by Lieutenant Adair, Tenth Cavalry,
U. S. A.; s"t-o:id place 'vas given to
l-ieiiiviiaio La .llojrherV' of the Royal
Holland Hussars, and third to Lieu
tenant (Jueke Mye,r, Fifth Cavalry, U.
S. A.
Miss l.eta Price ftdm teaches the
first grade of the Central school in
this city, wijtit to Corvallis this morn
ing to attend Hie teachers' institute.
Miss Helen fi. Gilbert of Portland
returned to the metropolis last even-
ing after spending Sunday in Albany
at the home of In A- parents. Mayor
and Mrs. P. U. Gilbert " .Miss (ulhert
is fctudying surgery mid nursing at
the Good Samaritan Hospital in Port
laud. , ,. , '
J. P, Galbraith, a former Albany
man and now inspector of immigra
tion at- Maine, Washington, spent
Sunday visiting friends in Albany,
lie went to Hrownsville this morning
to attend the celebration of tin- HtOth
birthday of Capt. James Ulakcly
which occurs .tomorrow.
F. L. Wieder of the Pirtlc-Wieder
com pan)1 of .this city, went to Port
laud on the electric limited this morn
ini; where he will look after business
matters today!
J. M. Hawkins of the Oregon Title
and Trust company of this city, was a
passt-tiRcr on the electric limited to
Portland this morning where he will
look after business ijiatters.
Denver llackleman left on the elec
tric limited this morning for Portland
where he will serve on the U. S. jury
which wa recently drawn.