WEEKLY OREGON STATESMAN, TUESDAT. TBEPTEJBEIl 'JO, 1J02.
r:;rr:
3r:
Send Your Iwlaia
rdldrs to QJs
If you ile out of town hjikI for siinijih'w of tho
!ftw-I)n Goods, WaUtintj Trimmings, vtc.
?Gr STYLES...
i. IS RIGHT NOW
r "
Stylish Purs...
Smart Cloak
4
mi'
Si.
Holverson's Holverson's Holverson's Holverson's Holverson's Holverson's
The Proudest Lad
i Is he who isr wearing hia first watch for the first time.
If it is in your mind tb make your boy such a gift
we trust that the Harr store may receive a visit from
you. Better Watches timn those you can buy ; hero
nre not upoii the uiarkcf arid the sum required to
purchase ono ismuch less; than you suppose.
Barr's Je welry Store
Corner Stmte mmd Llbtrty Sts.. Sm:em
lormon Btsnooa Pi 1 1
FOR SALE BY Z. J. IUOGS.
STIPULATION
BEING SIGNED
To Bring: the Suit in the Cos-
per Estate to an i
-; End i v :
JRFFOHT MADR TO SRTTLR THK
MATTrCH OUT OP COUllT AN
AdnEKMKNT NOJV !IHCIILAT-
IN(I TO .UK SION'fcP HY HKIRS
AND OliKDlTynS.
If ihe mov which In - now! beinje
ma1 by the belrn ot th Vm.",Cwper
r-tat and the creditors ot th OUbrt
Br on. Hank la ever placed on rr-rord in
the court, thjiult for an accuntlnK
ntl rirflverfthlp In the State Circuit
Court.- rntitlod Tllmon Ford, executor,
plaintiff, VR, ' A. Gilbert, et 'at. de
f?nd&nt, which haa been In lltisatton
Inoe April 22, 1901, and prom lues to re
main:. In the court :for ome time to
come, will probably bo brought to a
pey termination. The new phase of
the case la In the form of a stipulation
which has been drawn up and: signed
iY a number of the helra and creditors,
but several of these remain who have
i'et tb m before the document will be
Wed In court and become effective, s
4 The object of this stipulation la to
.have the estate brought to a speedy
and final settlement outside iof the
, court and. when this Is brought about.
'..to'have the suit now pending dis
missed from the courts. The full text
of the stipulation la reproduced here-
twlth. aa rollows; :f r r..';.,
"In the Circuit Court of the Stated
Oregon, for the County of Marion. De
partment No. 2. .. -;
"Tllmon Ford, as executor of the last
wllliand testament and estate of Wm.
Crr. deceased, plaintiff, vs. A. T.
Ollbert and Mary E. Gilbert, hla wife,
Qbert. and C. A. Gilbert, his
wlfe defendants, and W. T. Slater, as
receiver' of -the Williams' England
Banking Company, an insolvent cor
poration, and W. T. Slater In nis Indi
vidual capacity, end M. I. Jnnm Ta-
AVlnstanley iuf Wm. Fpayd. lnterveri-3
UIF, ... - : ; ! .. , a ...... . ,8 . ,: j, , ...
"Come now alt of the parties litigant j
V JkV YV billty, Hataoh,Unfiin to Marry t-P of J. J mrt, Varlooi
V sk'viV or constipation, tac, Qulcfcna of Die Irf II Fn'Kf OP r
. w. -J? tout TwttonlnK of Cyalfd. ufca.t M Uumoixw. l'l niiKr
Cn-rv IW.UUO. Ir K- ttvJlKi. nt. cn M kwL I J VI i I MiiHin UMll, wtlul tliaped
4-
We wish to emphasize the fact that the
garments shown at our store are in keeping with
the newest styles, and are "approved Ly the fore
most fashion, authorities. The materials, the col
orings, the cut and trimming, are all up-to-date,
arid you an buy your new suit or cloak here with
perfect con fidenoe that the styles are correct There
U a wide variety, sufficient to fl ease all; tastes and
j)ocket-lKoks. Our $10.00- Jackets are made in
the same smart styles as the higher priced coats
no other store shows such a line at Ten Dollars.
Salem, Agents for the
Pa lme r-
"A nisfied" i Garments
in the Land
Lemdera Im Low Prices.
mm m m so jmm w iaa o iiw Miw
DKUaQlST. SALEM. OREGON.
In the atKJve entitled cause and enter
Into the following stipulation and
aKreemcnts for -tho dlsjiosnl of the
Indues in' said cause: ' .
"F'irat It Is hereby stipulated and
aitr'fd Iwtwwn the said plaintiff. Til-
man Ford, as executor of the last will,
testament and, estate of Wm. Cosper,
deceased, and the said principal de
fendant. A. T. OUhtit. ami Mary K.
Gilbert, his wlf arid F. N. Gilbert and
C A. Gilbert, his wife, that ald suit
so rar as It iertalns to the Issues
raied by the pleadings between .the
plaintiff and the said : principal de
fendants 'hatl not now be tried, but
shall bj continued by this court, and
(tnally dl!oed of as hereinafter
agreeL '
"Second It Is hereby stipulated and
agreed between the said plaintiff. Tll
mon Ford, as executor as aforesaid,
and the said Intervenors. M. I Jones.
James Wihstanley. and Wrri. Spayd,
that said suit so far, as it pertains to
the Issues rained by the pleadings be
tween the said plaintiff and the' said
Intervenors, respecting "the alleged
partnership, of the said Wm. jCosper.
deceased, with the said A T. Gilbert
and F, N. Olibett In the firm of Gilbert
lirothers, be dismissed, and the said
plaintiff, Tllmon Ford, may proccd at
once to settle un the estate of Wm.
Cosper, deceased, nd transfer and de
liver alt of the property thereof, now
in his possession as such executor, to
the heirs, devisees, and legatees under
the said last Will and testament of said
Wm. Copper, deceased, - s
i "Third 4t Is hereby stipulate! and
agreed that said suit so far as pertains
to the Issues raised - by the pleadings
between the said Intervenors, W. T.
Slater, as receiver of the Williams
England Banking Company, an Insolv
ent corporation, and W. T. Slater In
his Individual capacity; M. I Jones.
James WInstanley. and Wm. Spayd.
respecting the alleged partnership of
F, ST. Gilbert as one of the firm of Gil
bert Brothers, be dismissed, ,
"Fouth It tIs stipulated and agreed
between all Of said parties that the
said plaintiff; Tllmon Ford, as such
executor, idoea hereby-waive' all rights
to participate In the distribution by this
Court of any of the assets of the said
A. T. Gilbert and Gilbert Brothers, ex
cept as shown by tie claims which he
has filed with the receiver as such ex
ecutor, for -moneys on deposit In said
bank, and belonging to the estate of
W'nrosper at the date of 'the failure
of said bank, and that the assets of
said A. T. Gilbert and Gilbert Brothers
majL' be distributed by this Court
among all other parties and claimant
making satisfactory proof ' to this
Court of their rlsrhts to participate
therein, and according : to their s re
' : ' 1
an d . . .
spective equities. Including said plain
tiff, Tllmon Ford, as such executor, for
moneys on deposit in said Gilbert
Brothers': Bank as aforesaid.
. Fifth That when ail of said assets
have been so distributed this suit shall
be dismissed as to all parties, without
prejudice to the rights of any.and
that said Circuit Court make an order
and decree in accordance with the
term and provisions set forth In this
stipulation."
OREGON EXCHANGES.
Woodbum Independent: M. II.
Durst and brother, . R. II.
Durst, of Wheatland, California,
were n this cMy this 'week. R.
If. Durst is manager of their extensive
California hop yards, and Is here on a
tour of inspection. M. It. Durst, who
is backed by over $1,000,009. is here for
choice hops, samples of which he Is
now buying and shipping to Londan In
order to, secure opinions on which bte
regulate hfs future course. It grow
ers of choice hops form a pool and de
sire him to handle it, he wilt do so and
advance on such hops within two cents
a pound of the market price. Mr.
Durst wants 25,000- pound of choice
hops this season. -
. .
Woodburn Independent: Will Scol
lard brougM a shamefaced porcupine
to town Monday. It had been cap
tured alive on place. The hair on
This nib is nine Inches long and there
Is r plentfful supply of quills. , K. 1.
Remington gained possession of the
animal and has It on exhibition In his
stfM-e window. it Is his Intention to
kill and mount K.' . , : :
Forest Grove Times: Mr. Copeland,
living near Reedvllle. has commenced
suit against 18. W. Dant to recover
4 for loss of grain burned -a few
weejes ago. Dant runs a steam threshing-machine
and was to thresft Cone-
land's grain. He pulled In where It
was In stitck Just before noon 'and left
the outfit i And Went to dlrrner. tn
some way the engine started a fire
wnno ail were gone and burned : the
stacks. Dant offered to twv one-tHlr
the loss, but Copeland rejected the of-
ier ana sues ror the entire amount,
TVseburg Review: John CaseKeer
returned on Tuesday from. Salem
where he attended the state vair ire
brought home several head of fine pure
blootf . Poland Chlna pigs purchased
during his absence, nearly all of them
being prise winners. He finds there
Is a good demand for first-class, stock.
He took to Salem, among others, two
pigs which he had offered here at
HZ.50 per Vead. ' Thev were dlsnosed
of there at $2.2S each. He purchas
ed' a blooded sow with six nru for
$75. 5 Four of the Dies have already
been disposed, of at $15 each. A male
pig which he on rr hawed Is a sween.
stakes prize winner and weighs about
65 pouhds. Mr. Casebeer now has
some of the finest stock In this line In
the state and will have It on exhibition
at -the comlnr district fair. Aa K
frequently been remarked. It pays to
rai coon stocK, and more of our peo
ple are beginning to realise thta faet
No. use to raise hogs which take two
years to mature. The most profitable
stock Is ready for market at an Vetr
or under, so the most successful grow
ers aay, w-- ..
Rosebtirg Review: While th
State Fair last week Mrs. J. II. Short
purchased a fine Hereford bull of Mr.
Sparks, of Nevada, all of whos'ani.
mala were awarded premiums. This
s one or the finest animals ever;
brought to the state. ; j i
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fXga Blanks. EUtesrnan Job 0Se.
r ' - . i. k
Lgal Blanks, Statesman Job Oflc.
AID
m
Fur Jackets, Cluster Scarfs. lfcaa, Collarettes, 'jipe. Nothing so
i stylish or handy as a Fur Wrap of s me sort. They've been stylish for
.ask for George's Furs. The prices' range from
The New Walking
Skirts
SO PKETTY AND SO MANY OF THEM. Every lady
should have at least one walking skirt. We have some swell styles
in all the new clothes every . skirt we sU is fitted to your form by
our expert fitter 'and cutter. A strong Ihreail of economy runs
through the entire line.; See those' at .-: - - ,
IS ALLOWED
; ONLY IN PART
x . . '-.''' ; ;
Brown & Wrightman's Claim
Not Approved by the
Court
t. , - -V "TT
JUDGE BOISE HOLDS THAT LESS
THAN FIVU HUNDRED DOLLARS
WILL PAY FOR THEIR SERVICER
IN TUB aiLBET BANK CASE
f - V -
Judge R. P.! Boise of the second de
partment of the State Circuit Court,
yesterday rendered .his decision as to
the claim of Brown & AVrlghtman, for
the sum of $6,509 attorneys fees In de
fending the Interests of A. T. Gilbert
and Gilbert Bros, in all litigation
arising; out of the closing of the Gil
bert Bros. Rank, on April 22, 1901.
This claim has been the subject of
contention between the claimants and
the creditors ever since it was filed and
developed at the trial on Friday r and
Saturday of lajst week, into a supreme
contest between almost all of the lead
ing attorneys In this city. The court
disallowed the claim and held that the
collateral which was delivered over to
the flrri of Brown. Wrlghtman A. Myers
at the'beglnnlng of the proceedings,
amounting to $439.67 net to the firm,
was ampie compensation-for all of the
Services performed In all of the suits.
In rendering his decision Judge
Boise found the facta to be that the
Gilbert Bros.. Bank was closed on
April 22. 1901. at the close of business
hours of that day a,nd did not open on
tha succeeding, or 23d day of April,
and then refused to pay checks of their
depositors. ; T a . -
That A. T. Gilbert "was served with
the complaint and summons In the
case of Emma Johnson, plaintiff, vs.
Tllmon Ford, executor, and Gilbert
Bros., et.aL defendants, an the 22d day
of April,' and on April 23d the firm of
Brown, Wrlghtman & Myers was re
tained as attorneys by A. T. Gilbert to
appear for him In that case and also to
act as attorneys for him In any litiga
tion tht might arise out of the closing
of the bank of Gilbert Bros.: that the
amount of their retainer and compen
sation, for such services as they might
be called upon to perform, was not then
agreed upon by the parties, but on that
day, to secure them for such contem
plated legal services. A. T, Gilbert de
livered to said firm certain .notes held
by the bank against different persona
and amounting to $884. which were to
be held and collected by said firm and
the proceeds applied in the payment of
certain obligations held by relatives
and clients of sakl firm and by the In
dividual members - thereof. - against
said bank, amounting to $44S. which
left, after paying said claims the sum
of $438.67 to be retained v by said firm
for such service.? J ,-
That after such retainer aaid . Una
could not properly be retained by other
persons, in any litiaration ' reat.it nr
me closing or said bank.
-,That the said proceedings In the
United States District Court to declare
A. T. Gilbert a bankrupt and also thlx
suit is litigation Incident to the closing
of said bank. -1 . --' "
As a matter of law the court heldV-
mat. me said contract of retainer was
executory excepting that A. T niiKf
had i,aid: or .,.ri kI -J"-;:..r"Awl ; w.tnsi
.years they'll be even more stylish next. Wii seJI the tJV Jf fc.
GEORGE furs made in Detroit. If you want a garment that will last;
state, a ierson has a right to do so
long as the transaction has no fraud
about It.'.;.; 'V,:.''"
That any contract between A, T. Gil
bert and the claimants relative to fees
for conducting such .-..litigation made
after the closing of said 'bank and after
the appointment of a receiver in the
suit of Emma Johnson vs. Tllmon Ford,
Gilbert Bros., et al, would not be a
valid clalm against the assets now In
the hands of the receiver In thlsv suit.
That the contract of employment so
far as : performed by A. T. Gilbert on
April 23d. by delivering the said notes,
was within his legal rlxhts, was not
tainted with fraud, and Is binding upon
the estate and the said claimants will
be .permitted ..to retain the said collat
eral as full rum pensji tion for their ser
Vices which the court deemed amnle.
As to the rcasnable value of their
services the court said that under the
law ofth case, an deelded by him It
was notp-ce.sary for the; court to
make any(!ndl!ig on that matter, but
the court remarked that he did not
consider neither the Emma Johnson
suit or the bankruptcy proceeding as
involving nroperty, or money in anv
such amount as claimed, and it was
merely a content as 1 what tribunal
the parties would litigate the matter
In controversy and that.after the de
murrer had been sustained ' in tlie
Emma Johnson suit the parties were
Just where they were at ihe beginning,
that is, that none, of their rlKhts had
been -adlull-atel nn.l that thfn Court
could not say that ll matters in con
troversy would be any more honestly
or efficiently, litigated In one -court
than another, that it was not the bus
iness of this court to criticise ' any
other court, and hence this court Is
bound to Tireaume that the nrobate
court of Marion county, whic h had jur- j
Isdiction of the Cosoer estate was en-!
til fly competent to properly adjudicate
any difference between the parties and
hence It could not be said that the
claimants, by assisting in defeating the
proceedings in the Unlld rtatem
Courts, had preserved tli" estat for
the benefit of th rrditfrs. IIpSj
lhM ratrmlderii t litfia t he wmrt .Hum I.
lowed the whole of the claim of Brown
& v rigntman, but alloweti them to re
tain the collateral as compensation for
their services.
In the case of Clinton C. Palmer,
plaintiff, vs. David Brand, defendant
In department No. 1. aa action to re
cover the sum of $2,2?S, aa rental upon
No. 2, S and 4. of block 72. of Portland
from April 28. 100. to December ai
1901, alleged to have been collected by
the defendant, which the plaintiff
claims as rightfully belonging to him
oy, virtue oi oeing,; tne owner of said
property, between tha da tea a foremen.
tioned. and by reason of whleh mit n
attachment was made upon the prop
erty. tn defendant, by his; attorneys.
W. D. Fen ton and Bronaugh aVBron-
augh. yesterday moved the
iuash the attachment on the ground
mat tne claim sued In the plaintiff's
compiaint is not such an one as en
titles him to a writ of attachment un
der th statutes of Oregon, and be
cause the plaintiff's action Is not UDon
a contract for the payment of money.
-iuage lioise also allowed the claim
of the First Congregational church of
Salem,' for credit upon and return of
a certain note, executed h w.
Adalr. to Gilbert Bros., on November
ii. 1B99, for the sum of $200. with In
terest at 8 per cent and ordered that
the receiver, Claud Gatch, deliver ald
note over;, to the claimant upon receipt
from the church, of the difference be
tween the balance due on the note and
the amount of $100, with Interest at 8
per cent from November 17, 1889.- -Klixabeth
Rnlcknall vMttMa ni-
tuted proceedings in the first depart-
. .
STiaNER'S MARKET.
fhiebenit -S fn in eenta nee 1h.
Spring, chickens 8 to10 cents perjb.
mggs-zoc casn.
THE MARKETS,
PORTLAND. Or, Se-pt. 2. V
Walla Walla, 2c; Bluestem.
Valley, 64c.
- San Francisco,
$1.10.
Sept. 29. Wheat
Chicago, Sept. 29. Wheat Septem
ber, opening, 8fiSr87c: closing. 87?i&
87. Barley and Flax not quoted. -
THE MARKETS.
The local market quotations' yester
day wer a follows:
Wheat M cents.
Oats-80c for old: 75c new per cental.
Hay Cheat, $7.60; clover $7.00; tim
othy. $10; wheat. $8.
Flour 75 to 86c per sack; $2.70 tb
$3 per barrel.
Mill Fee Bran, $11; shorts, 120.
Butter 17c per pound (buying);
ereamery, 20 t'
Kggs 2pe cash. r
Chickens S to 10 rents per lb.
Spring chickens 8 to 10 cents ppf lb,"
Pork Gross. &CiC',c; dressed. c
Meet Seers SQS'c; cost 8c; good-
heifers 4c i
Mutton Sheep, 2Hc on foot.
v Veat-Mr (lreased.
Potatoes KOo per bushel
Wool Coarse. 14c; line. ISc
i
Buyerg and Shipper of
Dealers in
Hop Groium' Supplies
FARM LOANS
. Warehouses -at
TURNER. MA CLEAT;
PRATUM. BROOKS.
SHAW. - 8ALBM.
SWITZERLAND. HALSET.
DERRT. ,
MFOR9. OF "ROTaL" FX3UR.
J. G. GRAHAM,
Manastr
t07 Commercial St, Salem.
rang 3 west, and for damages to 4he
amount of $300.
The plaintiff allere that, for more
than lhlrlmn.k. t , w
er Of a life estate tor th nrln nf hep
Hfs In the above premises and that, for
mor than six years past, tho defend-
more man six years past, the defend-
hea't
4: ;
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mm,
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