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About Weekly Oregon statesman. (Salem, Or.) 1900-1924 | View Entire Issue (May 27, 1902)
E.P. WALRER WAS INJURED f . ' ' ..t "k - . j .: Thrown By a ! Cow; and i His Hip Joint Fracr : tured TUB ACCIDENT. OCCURRED ON SUNDAY EVENING AT HIS HOME ON CHURCH 8TREET-THD IN JURY At serious one wil BROWN IS IMPROVING.' I Alderman E. P. Walker received, a heavy an on the ekSewafk at' his home corner of ChuncM and Union streets, on 4Junlay evening and sus tained a serious fracture of , the thigh bone of the right hip a, tew Inches b lowthe h(p Joint. Mr. Walker had his cow tethered ; but to grass jail day, along: the side walk, and, about 6 o'clock in the evening went to take her in. Ills feet became entangled in the rope, and the cow moving forward very sud denly, be wa. thrown heavily upon his rlgftt elde-iris wife and several neigh bors witnessed the accident,! and as Mr. Walker did not arise nor make any attempt to do so. they rushed to his assistance and carried -bin. Into the house. i. ! . . ' Dr. W,H. Byrd wast summoned Jm- me3Batly, but by the time b arrived the injury had become so sensitive and painful that nothing could be done un til . anaesthetics were administered, The fracture was soon adjusted and at last reports the patient" was resting auite eaMly under the circumstances. but owing" to Mr. Walker's advanced age he is 70 years old an;d the nature of the Injury it will be several weeks, or possibty months, ' befdre he ' will be able to 1e around again. first session: of the class next Sunday afternoon. ' ... r The class is open to men and women whether members of the association or not, and visitors vtill be welcome at any of the meetings. The Following are the names of those already enrolled in the class: -'! J. B. T. Tuthill. P. A. Wiggins, A.. T. Gilbert. B.' -T Kumler, James ? A French, John Molr, John Fechter, Jr George E. Hatch. . Theo Roth, Charles Roth, R. J. Hendricks, Dr. J. W Thomas, Jos,. H. Albert, Samuel Rich, John Byrne, John Bayne, H S. Gile, John Fechter,1 - Sr., A- T. . Yeaton, Frank BuelL C. W. Darby, Robert Nicholson. Mrs- W. II.' Byrd, Mrs. C M. Ogle, Mrs. W. F.' tBoothby, Mrs C. L. Parmenter.Mrs. J . A Morrison, Mrs. H. H. SowelL Mrs R. H. Leabo. Mrs. C P. Bishop, Mrs. Rudolph, Mrs. Thos. Kay, Mrs. R. J. Fleming, and the Misses N. Add Hart. Edith Ketch um. Bertha Ketchum, r Grace Cleaver; Marie Hart,, Sophia Whi te, Alice Ru dolph. Lydla Rich, Frances Lane, Nina McNary, Anna McNary, Claudle Chil ders. Celeste Listen, -.. Nellie Clark. Clara Scott, Lucia Cochran, - Agnes Sbepard. Lawrence J. Martin, who. has been1-ill for several weeks at . his home ftve r miles east of this city, with pneumonia, " .has radically recovered from that malady, but has developed heart trou- bTe and was brought in to the Salem Hospital yesterday where his physi cians can treat ihl in more advantag eously. He is 'improving gradually and no fears are entertained as to his early recovery. . WW Brown, who has - bcent at the hospital for the past three or four weeks, and who ha undergone a seri ous operation while there, is much Im proved, and his ear y recovery is now confidently looked forward tt y his family and a large circle of rrienas. Little Alice V. Meyer is confined to the house with something akin to ap-r pendlcitis, though 1t is hoped, an opera tion wur not oe necessary. ; ' Little Ama Strong has been trick for a week or ten days, but is better. WILL MANUFACTURE TOYS NEW CORPORATION FILED . AR ' TICLES IN THE STATE DE- . PARTMENT. Tti i rtanarfmani tt- Ktat VfrtjT- . J - - - day, two new corporations filed articles. They" are;: . j: - Tljie Pacific Railway. Amusement Conjpany will manufacture and deal In miniature locothotives, cars, rails, track, and other appliances for amuse ment purjibses. The headquarters will be In Portland and the capital Is f &00. O. W, Simons, IL Mueller and Frank Fenwlck arte the Incorporators.: The Glide Building Association . will construct und own buildings end deal Jn real estate In G14de. Oregon, wth a capital of l500." 8. D. Chapman, IL A. Btakely, EJ F, Livingstone John Alex ander; G. Vf, Shrum. and D. C. Llving eton ar the Incorporators, i ' WANTED FOR SEDUCTION A REQUISITION ISSUED ON THE GOVERNOR OF CALIFORNIA 3 FOR B. F. HUNT, i Gov.'T. T Geer yesterday Issued a requisition -on Governor Gage, of 'Cal ifornia, for the delivery to the agent of the State of Oregon, of Benjamin F., Hunt wanted in Multnomah county for eduction Detective Frank J.Snow, of Portland, was appointed the state's agent to secure and return - Hunt to Oregon. Officer Snow went Ao Califor nia last week, and located the man, he wanted, when the requisition was ap plied for and issued, the papers being forwarded to Detective Snow ajt Sac ramento. ' ; '. :" : . ' BIBLE CLASS FORMED At THE YOUNG MEN'S CHRISTIAN ' ASSOCIATION ON SUNDAY AFTERNOON. it ONCE AGAIN IN TROUBLE Harry Wright, a Former Re form School Charge and . ' Ex-Convict 1 WANTED FOR STEALING A TEAM IN THIS CITY WRIGHT HAS JUST COMPLETED A TERM IN THE PENITENTIARY FOR BOB BING E. C. CROSS. ! Harry Wright, who was discharged from the Penitentiary on Tuesday of last week, having served a two years sentence for burglary, committed at the E. C. Cross slaughter house during the spring of 1900, is wanted again by the officers, this time upon the charge of horsa-stealing. On Thursday morning lasit, Wright, in company with Clyde Stanley, went to E. E) Gil Ham's livery? stable"' on Chemeketa street and engaged a team for two days,-saying that he wanted to visit his father-who resides In Polk county. Mr. Gilliam, who was aware, of the fact that Harry Wright ,was In. the Penitentiary, but did not know that he was out, thought that he was i brother and as be had money, Mr. Gil Ham did not feel Uneasy, until three days had passed and the team hod not returned. Upon making Inquiry he learned that the team was in Portland where . Wright had attempted to sell it. vv right, accompanied by young Stan ley, drove to. Portland where he put the team in a stable. " Upon calling for it a day or two later end learning that the bill had reached $2.50. which was more than he could pay, he feft. Later he went to another stable and ne gotiated a sale of the team the stable man advancing 60 cents and went to the other stable, paid the bill and took the team to . his own barn with the understanding that he was to kee? it tin ne was eausnea tt bad not been stolen, when he would pay Wright the price agreed upon, 165. ' Wright has not been seen yet, but young Stanley came up on the boat Saturday night and was arrested yes terday and will be. held, until Wright is caught, to give his testimony of the affair. The officers are hot upon Wright's trail. Wright and Stanley were both charges in the Oregon Reform School Wright ; wv committed from" Panther, Lane county, and-Stanley from Lake county. Wright Is said to be a de generate and no earthly good, and Stanley is a Weak vaccilating fellow. easily led. ' - " NEW COMPANY OFFICERS SALEM'S NATIONAL GUARDSMEN ELECT A' CAPTAIN AND TWO , LIEUTENANTS. The meeting at the Y.'M. C. A- Sun day afternoon although not largely at tended Told not lack in Interest. ; Mr. J. B. T.. Tuthill prided and the first part jf the, meeting i consisted of. a-eong- service and a special number by .the Association Quartette. Mr. Johu M.' Dean addressed the meeting an Bi ble study and brlr fly outlined the me thod of study to be pursued toy the class whtqh was.fthtn organlaed; Some time was taken in deciding upon a suitable Rtne to hold5 the class and fin Ally Sunday Wternoon at four o'clock was voted a sthe best time for : the largest majority, subject to. change by a vote of the class at any tlme ' The first meeting of the class will be next Sunday Afterijocn In the YJ M. C. A, lecture hall.- Mr. Deun gave a short sample study of the book of Mark and the manner in which? he handled It showed him to be not only a" thorough Bible student, but ah exceQlionally in teresting and thorough, teacher. The Smethod is simple1 and easy to under stand and" Axes, the iftWlpat fact and lessons In one's mind In such a way as not to . be easliy forgotten. Fifty names were enrolled as -members of the class and there will no doubt be many more who will want to take the course. Those desiring to do so and any wishing further particulars in re-""-trl t thft c"mr" fw' 1 .-.' V to r. v Company F, Fourth: Regiment O. N. O ,. held its election of officers ; last evenlngw hich resulted a-follows: Captain, H. A. Kurts. First Lieutenant. George A. Judson. Second Lieutenant, Roy D Byrd. All the officers were elected by the unanimous voice of the company- and the selections are i very gratifying to the f members.' All the officers-elect have served lomr and faithfully in the Oregon National GtrarA I. Major R. H- Leabo was detailed as election-lnspeotor, and - presided over the meettngyin an able and efficient ma oner and to the satisfaction of alt. iThe new officers expect to make Company F one of the leading organil ations in the state's militia, in point of efficiency.: t . PEOPLE'S EDITORIALS DATE OF THE RRIVAL OF THE FIRST PASSENGER TRAIN IN " THIS CITY. (The Statesman Is pleased to print communications upon topics of general interest at any time.' There is scarce ly any limit to the topics of general interest, i It Is asked'only that corres pondents refrain ' from " personalities and use care that nothing be written of a libc lous or unworthy or untruth ful nature.) : r 4 - ' Edi tor Statesman : I ee some "dispute about the time the first passenger train came to Sal em it was In 1870. ' I rode on It to the Fair tlrounts the first "lime I-1 was ever on a triin. I boardted at the same place the? railroad men did, Mr. Shaners, and there wre a numfeerof other boarders. It was In the year 1870. and a number of friends, inclnding , myself, were in vilod to free rides to the Fair Jtveral tlins. and accepted, I was attending school In Fahmv at -the time. Hrav the refcren-cp to ths letters or Mr, Good In the Twice-a-Week .Statesman last week, and have seen no correction. Re ppectfully. a suoscriber, ' . 'C .. . MnS. ?f. E. .PlCTTAT!D?ON". TWO APPEAL CASES ENDED Supreme Court Decides a Case from Union - ; County i A LARGE BANK DEPOSIT IN DISh PUTE APPROPRIATION OF PROPERTY KM . PORTLAND, FOR CITY PURPOSES, WAS LEGAL i MINOR ORDERS MADE. t In the Supreme Court yesterday, de-t cision were hanIed . down in cases pending on appeal as follows: . j Fred Nodine, respondent," vs. The , First National Bank of Union, ap- pellant; appeal from Union county, j Hon. W. R. Ellis, Judge; reversed . l and remanded. . Opinion by Chief- . Justice R. S. Bean. ' I , -This was an action to recover an al-' leged balance due the plaintiff from the defendant bank. The plaintiff avers that he ran an account vith the bank from" July 6, 183, t September 3, 189'i, during which time ne" deposited various sums of money, withdrawing other sums, , until on September l, 1894, tie drew a check for the balance amount ing to $17,213.78, but the bank refused to pay that sum, . claiming there was only a balance of ) 4.82 due him. The defendant claimed that the felalniiff had only $4.82 on deposit when the last check was drawn; that the bank had, from time to time, rendered statements to the plaintiff showing his account; that he had accepted these state ments, and had made no complaint, un til over six years after the last state ment was rendered, and that .these .statements constituted a settlement. The case was tried before a Jury, and the plaintiff recovered. Judgment In the sum of $8,091.90, from which defendant appealed. At the trial the defendant requested the court to instruct the jury that the accounts rendered the plain tiff constituted an account stated and wene a bar to the action. This in struction was. refused, but the Jury was instructed that if plaiFUff had failed to make any objections to the state ment for an unreasonable length of time after he recovered them, they would become . stated account. The appellate court holds that the state ment rendered toecomea an account stated, unless objected to in a reason able length of time, and where as in this case , the facts are undisputed the question as to what constitutes a reas onable length of time lsone,of law for the court and not of fact for the Jury. The' court further holds thst in vi;w of thexflme elapsed between f the .ac count stated has become a fa'ct,iand a complete defense in this action, jtinless Impeached by fraud or mistake. The case Js, therefore, reversed, and re manded for a new triaL" f ' Ida M. Tobin, et. al respond ents, vs. Portland Flouring Mills Company, appellants; appeal from Linn county. ' Associate Justice F. A. Moore, for the court, says in this case: 1 "Since the opinion in this case was handed down, our attention has been called to the fact that the appellants did "not consent, to the dismissal .of the suit as to Balfour, Guthrie & Co., and, aa the transcript discloses that tney received wheat from Black that was stored at Halsey, nothing that is said in the opinion was intended to prevent Interested parties from having said company or other persons, who may have received wheat from the -ware house at that place, brought in apar ties hereto, and required to account for the portion thereof converted by them respectively. li At the . 15,000.00 worth of shoes to be sold regardless of cost. 'Tis the biffgrest event, next to giving away this vast stock of shoes. Genuine Bargains in Low - Shoes. 75 pairs Ladies' Juliets, slippers and Oxfords, IPJp ' , (2.50 a f lvalues, long as they last, dump price J-'' 25c 35c 50c fs!l 204 pairs ladies' assorted styles, fine Vici Kid $2 to 53.50 values, dump price V......... 153 pairs ladies' Vici Kid Oxfords, better as r sortdient, $2 and $3.50 values, dump price 185 pairs ladies' Vici Kid Oxfords, better sizes 12.50 to 14.00 values, dump price Everybody Astonished 2G9 pairs ladies' Vici Kid shoes, odds . and euds and . broken sizes ' 12.50 to : 4.00- values dump lftp 50C , t . . 319 pairs ladies Vici Kid, cloth and kidtoptturnfTp and welt soles. $2.50 and f4 values. rrlee v 216 pairs ladies shoes, kid and cloth, turn aud welt soles, $2.50 to 5 values, dump price 412 pairs ladieV kid shoes, better sizes, tcloth TCJp . and kid top, 13.00 to 5.-00 values, dump price .306 pairs' ladies, kid shoes, better sizes and - Cf .00 widths, (3 to 5.00 values, dump price v 211 pairs ladies' vici kid' shoes, good sizes, kid aud cloth top,' turn and welt soles, f3 to 5.00 1,25 , values, dump price ....... 197 pairs ladies1 vici kid lace and button shoes, kid - and cloth top, turi and welt soles, $3 to 5.003 5Q values, dumn nrico.. . . ........ - ......I Hot Stuff in Men's Shoes 108 pairs men's French calf and Cordovan welt rn Soles, small sizes narrow widtlis, d u nip price Uu 321 pairs men's St icy Adams lace and congress cor dovan and French calf, li to COO TCp t( values, dump price ....... dt LU J) 401 pairs men's m ixed lot, black and tan, also cloth $1 to $2-50 to 6.00 values, ' and kid top, f 1 " dump price, iC.... 217 pjiirs men's heivy work! us sbces, buckle 35 and lace, $2 to 2.S0 values dump price. .... I 509 pairs men's calf lace shoes, all styles and sizes, $2 to 3.00 V alues, dump price .50 We Never forget the tittle 155 iaira baby shoe?, lace and button, 75c values A dump price i....r ; 75 pairs children's kid shoes, black and tan, sizesf? A ji to 8, 75c and 1.00 valuc-e, dump price...... ...... J "v 187" pairs children's vici kid shoes, lace and button. sizes 5 to 11, good sizes, K and KE ,vidths, $k25 value, dump price.... 1 yj pairs missses' ns,odd!Myid ends, ciotii CZZr? kid ton. $2 aud 2.60 values, dumn nr'ice O " G 101 pairs boys' tan 'feud black lace shoes, 52 10 C 1.00 2.50 values, dump price.... ............. J............. 20fK) pairs men's nicie fine shoes, dump price.... r. , Mary W. Gaston, appellant, ; vs. The CTty-ot, Portland, et. al., re sjwndents; appeal from Multnomah county, Hon. Artfiur I Frazier judge; , afflrmed.. Opinion by As sociate Justice" C. K. WolveMon. This was a suit to restrain the city from opening streets through therlatn- tlfrs property. Damages had been as sessed by the Viewers, and the same increased by the Circuit Court, when the cHy sold part of the property onji warrant, and a fund.-created from ill nroceedit. was used in naylnff damages and costs and the balance tendered plaintiff but not accepted byher. The court holds that the appropriation of nlalntifTs property bythe city was perffcTed by properprocwdure of the authorities, and that plaintiff should draw the amount tendered her by the city, amounting to. stated damages; thus -the decree of the trial . court is afflrnwd' Other cases decided , by the court were: J. s8. Spencer respondent, vs. V. C. Peterson. Tannellant; petition to retax cost; peOtion dnied. Opinion by As sociate Justice F .A. Moore. - y. C-K. Harmon, administrator of the estate, of Horace Gasouet, deceased. ppellant, vs. Charley Decker, respon ent; appeal from Josephine county; fflrmed, March 10,. 1902; on petition for -reljearlnic; petition denied. Opln lojn by Associate Justice F. A. Moore. B. J. Ferguson, appellant, vs. Mrs. Ollle M. Byars,' respondent; on motion to retax costs;1 motion denied. . Opin ion per Curiam. "r- : - ' The following minor orders were also made by the court and entered of rec ord; ! !s-v J-.'?. - - M. S. Crossan. respondent, vs. E. W. Oliver, .appellant; ordered on motion Chat respondent's time to serve and file bis brief be extended to June Sth. . i J., ELiCulllson, respondent, vs. K. O. Downing, at. al appellants;! ordered on stipulation that appellants have un til June 23th to serve and Sle their re ply brief. Carver C.r Wood was permanently admitted to -praotlce.law, as an attor ney, onjnotlon of R. J. Fleming. HAD A," FAINTLN'O John .Savage, Jr., manager of the Sa lem Truck and Dray Co.. suffered a fainting spell, to which he is . subject. tn his file? on. State z street - ahout clock yesterday afternoon. Pr prompt action on the part of some of the dray men who were present and by vigo rous rubbing he was revived but in a few moments he 1 sank Into another rspell from which he could not be amused when he was taken to his $2-00 up It is a waste of ink to tell you any more of our marvelous bar- 7 ? gains, come and see them TERMS OF SALE STRICTLY CASH- All goods fitted at the store if desired. No &cHange or money - iwuuutju, uwmg lo greac values giyen ana Droiien sizes., ASH SHOE STORE v303 Commercfsl Stree 0pp. Postolflcc sac a BESS STATE GRANGE MEETS TODAY Annual Session of the Patrons of Husbandry In ' Salem PUBLIC RECKPTIOX TO BB GIV B.V IN TUB ENATB CHAMBER THIS ; EVEfMNO - GOVERNOR GBBR TO DELIVER THE AD DRESS OF WELCOME. The Oregon State Grang?, Patrons Of Husbandry will convene In its twen ty-ninth annual session in the Senate Chamber of the capitol In this city to day at 19 o'clock a. m. The morning SfkSstAn Utfll' VkA M-I t fr Jam. aunoivii niu n 1 us v iuot4 uuui S J A public reception win be held this evening, commencing at 8, o'clock, at which Master B. O. Leedy will preside. The program is as follows:. Music Address of Welcome Gov. T. T. Geer. Response Past Master Circuit Judge R. P. Bojse. , Music. Address "Freedom of City May- or C P. ' Bishop. Response rLecturer A. T. Duxon. Music. ' The public Is cordially invited to at tend the reception Arrangements have been made - with the Chatwin House. Hotel Salem, George Bros.' and Strong's restaurants and Cottage ho tel, for the entertainment -of members and visitors of the State Grange. Committees will meet each train and show members to their hotels. .Com mittees will wear badges and visitors are requested , to , make themselves known. ' ' The committee on arrangements Geo. W. Weeks, . R. P. Boise W. uiiieary. : . . ; The present officers of the Oregon State Grange Vare; Master -B. G. Leedy, TigardviHe; Overseer Mrs. Mary .Whitby, . Corvallis; ; Lecturer Austin T. Chapman. Troutdale; . As alstant Steward C. L. Shaw, Albany; Cha plains Oscar ' Eaton, ? . Oswego ; Treasurer IL' Hlrschberg, Independ ence; Secretary, Mrs. Mary S. Howard, Mullno; Gate Keeper IX. C. WheeUr, Pleasant Hill; Pompna Mrs. E. A. Jflblin, Palestine;; Flora Mrs. Clara Swank, Albany; Ceres Mrs. N. . 22. Olin, Tangent; Lady Assistant Steward -Mr. E. A. Tllton, Tualatin. Execu tive Committee B. G. Leedy, Tigard viHe; Geoi R. Stephenson, Fulton; J. Clem, Albany. Legislative Committee B. G. Leedy. TigardviHe; Jr" Voor heesi Woodburn; W. M. HUleary, Tur ner. -. .; is Men's Clothim: - jA'" : J Ml OUR t'LOTHING Is carefully j.urV . 1 I I I , I J I .:?.!) I T" 1 I I ' , K L ) I J'ou not only the y 1 is ill 1 1 . mvR to trrilorlng,, material We -always Intend to give latest, but values that stand bark of and soy, that you have tMirchased he best goods that "is obtainable for the money. from people that the best houses on you tha this co.iit buy from and can guarantee our clothing Is up to date, in 1 material. We take orders for Tailor-Made Suits. Satisfaction guaranteed as to Fit and Price. 1 OUR MEN'S FUJRNlISEinNO DE PARTMENT IS QUJPPOED VJITEI the following Bargains: MEX- FANCY PERCAM3 stiff bosom "shirt extra cuffs to match, all sizes , andjgreat values, each.....".., $1 00 MEN'S LIGHT WEIGHT Cashmere ' Hose In all eizes, the 2 c- Values, p-r pair...... 18o MEVS RtrMMEU T'vnrrm-P 4 T iw,, " - m-m- m m m w aMA W W 'W M. y , V qua my. nneiy made and linisfted, 11. SENT. TO OOUNTT JAIL Xoute Chaell yesterday plead guilty. In City. Ttecorder K. J.' Judah's court, to the charge of larceny and was sen tenced to one month's confinement in the county Jail. , Cha pell, ft will le re- j membered, is the young man who stole a. pair or tmuprs irom ivsuie ivewon. values, at. .&Zc MEN'S LIGHT COLORED FEDORAS." - new styles and all sizes, exceptlrsi-U values f 00 GOOD NEWS TO HORSE OWNERS I TbesecctcbratMl powders ar made from a recipe of m isoted Prosaiaa Vetrnnry Knrj:on, sad have bnrn thoroachly tested for the past IS years ia tbia coontrr. ComniMH of pore -retr etable mnedies, are safe sod ore CURE for HEAVES 1 "'h mm t from which heTc arise. tJ' h Congh,Col la,E.iTEMPE!t, J ink liye, Cpisootie, and Loss of ApTtite. Aa a l o-l purine thr-r be no. f""!. l"r-r r-V h-rv.f-"'-" t! 1 '. t I -