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About Weekly Oregon statesman. (Salem, Or.) 1900-1924 | View Entire Issue (Dec. 6, 1904)
ISSUED SLf.l - WEEKLf J SEMI-V.TLLV TUESDAY AIIO FRIDAY MiD rr..Ltf rimr-TimiD yeae no. 41. rmsT section Eiairr paces. SALEM, OREGON. TUESDAY MORNING, DECEMBER C, 1904. ii P); ;iUUiWUlo TUESDAY FIRED ON OWN SHIPS LATEST ACCOUNT OF THE DOOGEB BANK ATTAIN INDICATES Tins : THE SHIP AURORA WAS STRUCK Story of Searchlights and Careless Man agement of, the Oreat Fleet i Look Womr i .Export That Japanese Have Met With Serious Repulse at Mukden, Bat the Story Lacks Confirmation as Yet Were Lured Into Ambucade. , , ST. PF.Tr.RHBi:RO, Doe. ."..The of ficial statement Issued from naval head- oiiarior give jtojoHivenssy n taiesi ae fount of t1iv Iio(r Bank affair nnd t .. ! 1 I t f I f i ' & U .. . . I r .. . i . . rjlj'Mfiin ui'tv ..- iinuir, iin-i frit its own ships. : The statement follows: 'After Kftin. Souvnroft" ceased firing, 'two searchlight of the Dmitri Donskoi mi i h Aurora sti'ioomy npearoi on tli left of the itonclnd A't vision. Tin Dmitri Donskoi showed night signal. Fearing that the projectile from the hindmost ship of our division shorild hit our own vessel, tbe signal to cease firing w made from the Hotivaroff. The order was t once obeyed. It it tatf 1 'live projectile struck the An- ,rora." The foregoing statement S the first idlieial confirmation of the fact, pre vinusly published in these dispatcher, that during the North Hen, affair shell rame aboard the cruiser Aurora. BusRlans Claim Victory. tont rumor that force of .hiMintsc wnt to tarn Kcnneokarnnff 'm flank hft hn TPjuUcd with croat Ioh. Thv -itory i not yrt oflirialy -nflrinfl. H In nlaled tht Iw-nnf nkampff MWHitol th JapNnPM at thf mouth of oiii1 of th rnyturoil phuhch uixl tho .)ajan' .throw theuiMolvon Into tho Hmluwtulo, whro aftor li JiRht the Rnmian rollrt-totl .100 .iNpanonoli oorpMO. It 1 aUlol that lOoO moro Japanetw oorppon wore impon ii'il.lo t rnllpct owincr to tho ftrv of the Japnnew. Thia doo not Include th Tftpnt woundo.l. Tho Huian lim nerording to thi 'onnt, .waa-thirty or forty men. Japanese Are Foiled. Muk'lrn. Doo. 5. On tlto niK't of lo-t-embor !I tho Jnpanom. lotfiiii n hoavy fir on'Tjoii? Troo Hill, fMivin thn way for an infantry atlaok. The K.nxaiaii urtillory anHWorod vigorously fr novor al houri, thon alafkrHod. The .lapanw, thu trenohiM, w hore thoy wor. mot with witlfcrhift Volloy and a oountor oharfco with tho ImyonVt. Tlio Jiurian flod, Mitainiujj oitpnnrtiia lrio. On f(-embor II, t.'aptain iliohkoon and Corporal" t'nmpniiotx' rrawh' up rlo to t.ho tap:in'w poMitiori, w ii.'ro t'ooy rr mni of "1 uioli-r n hoiivy firo nil lav. mnkiuir nkotohoa of tho whol. h ion. and rrlurnod in mifHv tn thoir own lino. kirmiho nro -ooourrin; daily. NKW YOltK. Dor. ThA 00 niom lirn of tho drivora'-'tmion, Vimwn in Tho Liberty Pawn Aaoiat ion, ,J o day voted not to strike, but to aeeept the otTer of J fer day and to receive one day off in. twelve. THE CIIADWICK AFFAIR. They Declare Poaitlvely That Carnegie Signed the Notes Bank Officials Arrested. Cleveland, Iee. fi.r-There were num erous development tday In eonnwtion with the nffairi of Sim. I'atwio I.. 'had wiek, whoe romplioated finanoinl af fairs have alredy rannod the obming f the ( 'it irena National Hank at Olarlhi Ohio. I'n'Hident Itekwith and Cawhior Hpear of fae lnk wore brought hero from Oberlin by United State Marwhal Chandler and deputy ahoHly lKfitro HOLilOAY Our Assortment liNew fiompUtt. Heoovnols?r tliat the roost desirable goods go first, m don't wait till the last week before Christ mas to buy your presnt,- .'. ' -a K- , ,t Dolls, Games, Picture Books, Toilet Cases, Work Boxes, Manicure Sets, Handkerchief Boxes, Glove Boxes, Jewel Cases, Photo Cases, Necktie f Cases, Shaving Sets, Collar and Cuff Boxes, Cushion Tops, Handkerchiefs, Neckwear, Ribbons, Towels, Table ' Linens, Stamped Linens. Everything suitable for the holidays. If you prefer Practical PrawaU your frleods a pair of ftbo.s, ault t Clothes, a comfortable Overcoat or ona of thoae lloa Hatarproot Rain- caata, . - a i . . . ii4i'.,t nA mir him hannv. We have an excellent uiveyour Dy anoouy auw lineof Dry Cooda from which you Dresa Tattern for your naotner r iiw.;.-w -rr ; ; - practical more than any fancy present you cah get for them. Our Usual Extremely Low Prices Apply to Holiday Goods, as well as to all other lines. Our profit are figured on the -pot h ThatM why we undersell "Reiniliir Mtnrpa." - ! SALEM'S CHEAPEST ONE PRICE CASH STORE nin. Tlui bank ofTiriali were later pr rHfnel I --fore United Ktaie Commit. ioner Stark, wken both pleaded not Ruilly and waiveil the preliminary hear intr. CVmmiwxioiior Htark fixod tmil at fI0M'M iiferiu-h eae, and ttound the two men overjto the t (irand Jnry. Jloth priwmera Wero rtloased on bond in in af ternoon, i - That the niorlin b;rt.k, or Tretidotit I'.eckwith, really iMimeamd not m for 2.0,000 and V)0,fXH) nwpeetivoly with the nameit of Andrew f'arntH nirrno.l tb-r-to, is now known to be a. definite raet. wiwcher theM notea are former i'a i yet to le nliown. v Dintriet Attorney .Sullivan doe In rod they had a note for J50,fKH) wit it Mr. fameie V i8nntre in hi fHl,,n and that it tMire iho unmo of Atulrw Jarn.gie ;ind wa endorsed h V. I ' imimiifK. .v woieiy known l.niikrr who reqnoHtcd I'uat hi name xhould not le ufed, wtatcil jmnitively when oen to day that t no 4.4K),fMH ihho wax signed by ' A'tidrew Carnegie. OREGONIAN WINS THE INJUNCTION SUIT BBOUOIXT AOAINST TOETLAND PAPER I, DISMISSED BY COURT. Plaintiffa Try to Compel Oregonlan ; Publishing Copmany to Deller News pa per in Acortlance With Provlaions of Certain Contract. Tho Supremo Court handed down two dominion yterdny, iho inofit iiafxirt ant beihjf that In the eaue apealed from Multnoma'n county in which F. E. and I. A. Harlow wore the plaintiffn and appelant nnd The Ore,fonian Int lifthin (Company and II. I.. i'ittook, the defendant, i nd respondent. Tlie ease wa tried in Portland before Circuit Jun-n idund, (leore and Hear, who rendored n deeinion In favor of the de ft-ndantN, and Mie lower court wa af firmed by the .Supreme Court, the opin ion boinjc tfiven by Juxtieo Hean. 'Pli in wa an inj.imtioii nuit brought by tho Harlow to enjoin t'ne Oregoniau 1 n 1.1 ili i n tc Company from refuting t deliver tiewapaper to the plaintiff in aeordanee with thw provision' of a eon trait -ntero into in 1 S04 - bet ween Henry L. l'itlok and Myron M. Houth worth. The territory eovered by the eon truer iiludd all of tho eity of 1'oitlaiid joutb of Aldor street. Thi eontroveray nroso liocaiiH, Harlow claimed the riat to control th de livery niitc in territory added to the eity of Portland south of Alder ireee since the contract wa executed. Whetner the contract applies to terri tory suhwoquently added to the city is not dc.rbiod by th Supreme f'ourt, th deciition' handoil down today bein umui two ground. First, that the plaintiff, if taeynre entitjel to any relief at all, have a full and eoniplete remely at law; and Si-cond, the rrmedy by injunction for xpecifn- porfornmnce is not mutual, Tho unit is therefore dismissed. J'i.A. Mnrquam, reppondent. v I'nit od Ht?t. Mortgage and'TriMt Company, The Title (iuaruntoe and Trust Com pany a ad .1. Thorhiirn los. nfij lants. Appeal from Multnomah, H4-iir. .ludge. Opinion by Moore, C. ,. Motion to diHini1 apH'nl denied. ; Citizen at Philomath. Philomath, Cr., Dee. 5.(Hpocil to the Htolesrnan.)-Todav's election pass ed off quietly but with lighter vote than wax anticipated, considering the rival ry that has marked the progress of the pant fortnight 'it oompnlgn. The citi zens irtirty elects V. T. Bryan a may or and It. I!. Pugh as councilman. The citizens' league elect ns ooiinoilroen, (, VI White and tleorge IVnnet. .1.11. Ilenklo, tl. A. Hoott, W. A. .lolly and i it v Prink, candidate on the citizens' ti.-ket, the first for treasurer, the others for eoiiiicilnien, l-ing endorsed by the league, were elected bv good majorities. A. l. Wright and W. II. Hole tying the vote for recorder, -will draw straws to determine which tduill dispense justice in the; city court during the t-nsuing year. . IT', t i. can salect. a nice Waht Pattern or a THE ELECTION BADLY MIXED rAcnoNa instead or paeties CAST VOTES YESTERDAY. CORNELIUS IS BARELY ELECTED In the City Electoin Yesterday the Eeg nlar Eepnblican Ticket Was Badly Saratched. Three Opposing Alderman Selected and Cornelias Elected Marshal by a Ma jority of Only Eight Votes Over J. L Skipton, Who Ean Independent. Summaries of the Vote. For ''Mayor, V. W. Water 12."l For Kecorder, W. A, Moore ..163 For Marshal, TV 11 CorneJiu .... (H4 For Marshal. .?. U 8kipton 31 Majority for Cornelius. "8 For Treasurer, F. Meredith Fifl.'J J The DoiniM-rats in the disguise of ' Itopublicnn indejiendent'' elected Fred Hteusloff as alderman from the First Ward, I. U Frazier in the Fifth Ward, and Hkaife io the Rixth Ward. The above is the snntmary of the re suits of tho election held yesterday for the selection of official for the eity govemmojit. It was u hard fight and a close result So far ii the ollice where there wa opposition wa eoneerned. Ttie day was fair and there should nave been H good vote jxdlcd. yet It fell be bind the election of two year ago. It is said that espeoinlly in the North Fad, in Highland and out toward the Fair Ground thero wa a dire apathy noted all the day, and there were at least sixty votes in the Fifth Ward that were not at the poll. The result was a urprle in ono way, yet there is a deep feeling that the reg ular nominee were knifed right and left by their own party men. It i said that there were question of faction in the fight that could not be downed. It i said that the failure, on the part of some of the members of the party to support the Republican ticket ha"it cause in various shrievalty fight where the Republican candidate lias been Iwat en tow Democratic nominee. However, tho tight i over a far a the election is eoneerned. Mpecial iolicemen were nppointed by the eity marshal and recorder it is said for the piirfioae of preventing election-, coring within fifty feet of the poll but when it was discovered that their duties consisted principally in banding out bul lot marked " Hepabliean and Indepen dent Ticket." on which the Democratic candidate for marshal had placed his name mid that of. the IWridi-rntic candi date for alderiunn in tht' ward, the mayor took a hand, in the matter and the special policemen were culled off. A good deal of complaint was made at the collection or insistance of the payment of poll tax beforo allowing any one to vote, some claiming that tho action resoltoil in the disfranchisement of n ii u tn bo r of voters. It is even said that some of the people who were re fused a vote wijl make complaint against the judged of election and have them arrested for their acts in this mut ter. x However, the charter Is clear in this particular, its constitutionality. of course, Ix'itig ojtcn to question until de cided by lite Supreme Court of the state. Hoction I. of the charter act of !!.' say " Xo one shall le entitled to vote who has not p;ibl, onles he bo exempted therefrom, it j-oad poll tax for the year in which he oflVn to vote the receipt therefor, signed by the street eoinmis. sinner of the tity,' being nufliciont evi dence therefor the judges and clerks of election at the poll where said citizen offers to vote." r Chairman 1.. H. Htinon was inter viewed by a Statesman reporter and said: "The Republican eity committee feel highly gratified over the election of the entire oitjtieket, which insures the' citv of Ha lorn a clean, progressive iteonbliean administration for two years. The eity council will be compos ed of ten Republican out of fourteen meoilter. ' Considering the apathy of the voters, the enforcement of the poll tax exclusion, which i tin-Republican and tin-Amerietn, and the unwarranted presence of special police at each poll ing place, leave the reult of the dee. tiou beyond our expectation. It I cer tainly ft great victory for good govern ment." ; Vota by Warda. First Ward.-- r For Mayor, F. W. Water 176 For Recorder, W. A. Moore ....178 For MarshatT. K. Cornelius .... 7S For Marshal, J. I Skipton . .....104 For Treasurer, F. Meredith .....17 For Alderman, 11. Ai Johnson . . 53 For Alderman, F. Hteusloff .... 118 Second Ward . For Mayor, F. W. Water .245 For Recorder, W. A. Moore ....244 For Marshal, T. E. Cornejlns ....141 For Marshal. J. L. Skipton .....105 For Treasurer, F. Meredith . For Alderman, . A. Ilaker For Alderman, Linn ..... . Third Ward- J ' - ...244 ...148 ... 87 ...127 For Mayor. F. W. Watera For Recorder, W. A. Moore ....127 or Aiarsnai, i. jv. mrnciiui . . . . For 'Marshal, J. L. Skipton ...... 54 For Treasurer, F. Meredith 127 For Alderman, Paul Wallace .... 8 .For Alderman, Webster Holmes .. 40 Fourth Ward . For Maror, F. W. Watera ..... .241 For Itee'order, W. A. Moore ....247 For Marshal, T. E. Cornelias ....103 I For Marshal, .1. L. Hklpton .....140 For Treasurer, V. Meredith ......24.1 .For Alderman, J. C. tloodale, Jr.. .2.T8 Fifth Ward v ' , ; .'. - For Mayor, F. W. Waters ..181 " For Recorder, W. A. Moores ....164 For Marshal. T. K. Cornelius .... 73 For Marshal, J. L. Skipton ...... P2 For Alderman, A. II. Fisher (R).. N2 For Alderman, IV U Fraaier (H). . 8.1 Sixth Ward ' . - For Mtyor, F. W. Waters 1S1 For Reeorder, W. A. Moores ..'.'.lfil For Marshal, T. E. Cornelius ....101 For Marshal,.!. 1 Skipton HO " For Treasnrer, F. Mereilith ...... 1H1 For Alderman, J. Knight (R) . . . . S'J For Alderman, Hkaife (D)...... lrj Seventh Ward For Mayor, V. W. Water ......122 For Recorder, W. A. Moore ....122 For Marshitl, T, K. Cornelia ..i, 73 . For Marshal, .1. L. Skipton ...... .13 For Treasurer, y, Meredith . .. .L..124 For Alderuia n, Le Aeheson . ... .113 Tlrtt WU1 B Sitter. Those who wijl persist in (losing thtir ears against in continual recommenda tion of Jr, King's Xew Discovery for Consumption, will have a Ions' and bit ter fight with their trouble, if not end ed earlier by fatal termination. Read what T. K. Hoall, nf Boa II, Mis has to say: 'Last fall my wife had every symp tom of consumption. She took Dr. King Xew Discovery after everything else had failed ImprovTment came at ones and four bottles entirely eurod her. Guaranteed by, D. J. Fry, druggist. Price 50e, nnd I.Ot. Trial bottle free, SALEM' STREETS VISITORS SAY CEMENT WALKS ARE LIKE RIBBONS ON PIO STYES. . .. .. .. Probability That Principal Bosiness Streets WU1 Be Laid With Bitulltb to Pavement ajt Early Day Petition Is Being "Circulated Properly. Two ren werei standing on the side walk, near tae State House, on -Court at ret yewterday afternoon and a a Statonman refKirtl-r wa paiwin-g, he heard one of them aay: So they are agitating the atreet paving question again are theyf Well, in you know this street would be a dis grace to any backwoods village, and 1 know iiersonnlly that there m not a mile of road within twenty miles of orvnl I'yt, with the exception of along the riv er bottom, that i not 50 per cent bet ter t'nan the average-street of Salem. Why, look there, will you! The mud and slush cornea up to a horse's' anklet, and it is almost imrxwsible to crow the street without going shoe deep in the filthy stuff." The other, whrt"was a resident of Sal em, said: t'Yi'H, I know it is laid, but we are. jjoing to have Homo bir'uulithic pave ment put down soon and then things wilt look different." At this the sttrunger iaughod and re plied: "(rh. that is the same old gag, anil you follows will le giving us the same thing this time next yoar. RcaJly, you onght to keep np with tae rest of the state la tie way ot progress. Why, the little town of Wasco, in Sherman comi ty, m fur aJicud of you, as they coated tho streets in the busiuesa section of the town with crnde oil thi sjrin." "Well." replied tho resident, "font might not work here and .Ix-Miden there ijt not a town in the Mate, excepting Cortland, that has bm much cement side walk n Salem." "True for you," replied tho other, "but your cement sidewalks lordoring such filthy street reminds one of rib bon on a pig Jion." it h tiiat they walked away, lait I heir cfrnverMMt ion served to xliow what vixiior think of Salem' progressive- lies in the matter of street work. The Blthulithie Coming. However the complaint may le de serving tnere really immim h fair pros- -ct that there will be something done n the matior of paving the st roots of this city whoeh was liiid out with such magnificent diwtanccs by a man who never stopped to think of the exjtense it would entaii n tiie projM'rry owner in the matter al ismie now, and a lug time hone backwards. - Mayor Waters said yenterdav that there wa no doubt at all that the im provement of Commercial street from (liemeketa . to Trade, nod Slate from Commerciiil to High, and Court frinn Commercial to High would Is taken up at once and carried through to a eon bision. i A iiotitioM for paving the wt reels witit t he new Hit hub t hie pavement has eea slightly circulated and While not gen erally signed, yet 'there are enough promiseei given to insure the work tielng done. This will ' the start in tliis class of work, and once begun jit will rlve such good sotisfnctim that there i little doubt there wil sKn M more of it laid. ! PEACE CONGRESS. SAN FRANCISCO, Dee. 5. A large and enthusiastic meeting wa held thia evening of "the Pacific Coast Branch Congress of x International arbitration. The purpose of the meeting was to en dorse the international treatie recently negotiated between the Unjltfdi States and Kuro(Kan countries, and appeal to the United State to give ita approval to such treaties. United States Cireuit Judg Morrow called tho meeting to order. Other speaker were President Benjamin Ide Wheeler of the Univer sity nf California Sheldon J. Kellogg Franklin K. I.ane, Rabbi Jacob Voor aaager. Rev. Bradford Leavttt, t David Starr Jordan, Judge Wm. JI. ITunt of Montana, and Rev. C. If. Brown tof Oak Iad.:' -. .:.; - - J . EIOHTEEN YEARS 'OF BLISS. President and Mrs. Roosevelt Celebrate AnnlTeraary of Their Wed- . -ding. , i ; ; WASIIINOTON, Dee. 2. Toilay wa the eighteenth wedding anniversary of I'resi.lcut , and; Mr. Kooseyelt.j Thev were recipients of congratulatory me sages and lettersfrora all parts of the country. The anniversary war quietly celebrated tonight by the family at a dianer party. ' , ,m 14 U4 T38 ZV IWI Cl(ptstr sf CONGRESS IS IN SESSION BOTXt II0USES U0LD BEIEF SES SIONS AND ADJOURN IN MEM- y oey or dead members PRESIDENT'S MESSAOE TODAY Both Houses Open Session With Prayer from Reverend and White Haired Chaplains. Committee Appointed to Wait On the President is Named and Resolution of Eespect in Memory of Late Senat ors Iloar and Quay are Adopted. WA8I1INOTO.V, We. 5,-Witb the Senate In session tbirteou minute anil the Houe fifty-three minute, the last hesidon f the Pifty-eigHt'a Con-resa s- embled today. The . timo of both bodies ta deypied entirely to the usual formalit lei of th. toning day. There were cordial greetings between the dif. ferent members. There wa n great floral display nnd the galleries of both house were filled wita hundred of vis itors, with; beautifully gowned women 'renominating. The gavel of Senator 'rye, president pro tern of the Sen ate iriiif Keftker Cannon, of the Hon.', fell exactly' at 12 'clock. The open tur prayer were made by Chaplains Rev. Dr. K-lward Kvertt Hale in the Sen ate, and Rev. H. N. Condon, in tho House. In both the Senate and the Hous committees were appointed to wait upon fue President and inform hm that Congress was ready to receive any communication he had to send. Reso lutions in reepect to the memory of the lre Senator Hoar, of Massachusetts, and Quay, of Pennsylvania, were adopt ed by initlt Houses, and a vote of ' nd journment was taken in further tribute to their memory. The President's mesaago will be re ceived today. OOINO TO TRIAL. Two More Bearmonth Train Bobbers on Way to Pace Charges Which Include Murder. PIIlLLII'SBURn, Mont., Dee. .. Sheriff Fred McDonald left hero today for Doer Lodtfe, accompanied by (Jeo. Hammond and John Christie, ehwrged with implication in the Northern pacif ic holdup near Bearmouth two year ago. The men will be nrraibned before Judge Nnptnn. It is not likely the ease will eome up at thi term of court. Hammond is ehnrged with killing Dun ONeili, engineer oii the North Coast Limited. Christie i accused of being implicated but will not le prosecuted, on the promise of confession. Two men are now doing time for the Northern Pacifie; holdup at Bearmouth last Oc tober, i IN PEST HOUSE. Salem Couple Contract Small Pox at Tacoma, and Are Quarantined. t TACOMA, Wn., Dee. 5. A "honey mron In a pethoui. i foe fKK-uliar ex periento of Mr. and Mrs. O'Flyng, an Oregon couple, who were recently mar ried in Sitlem. . O'Flyng is from the Bunch; Crass region and tho bride is from the Willamette valley. She will not tell her maiden name. The eamo to Taeoniia. for their honeymoon and were viftiting friends on North Tacoma ave nue. Tho 7ni d rid was stricken with mullpMX and sent to the pent ""house. The bride followed and nursed her hus band. She -wa then stricken herself. Both r now eonvalescing and will In' relojined within a- week. They contract d thri daeaso leforo reaching Taooma and itj dveloped here. GASOLENE TANK EXPLODES. Causes Danger to Life and Serious Dam age to Property in New York Oarage. NEW YORK, IW. 5.Ten iK-rsons were injured anj tto,(Hh) worth of proji- r.ViVf.?i SlHiy-i Mv-rlif- A WA&'Z'-' -'l'.P, V'';., ) try m erty wa deMroye.l h the result of ex pUtfdon caused by sjwirk leaping from a. gasoline tmu-hine on, which ehauffeur dim working in an automobile garage at West Thirry-nlnth , street tolay. FWty autiM were dei roved or badly damaged, and s rapirl wits the fire that the men working- in the second story of the building had li opjsirt unity 1o eseaie!to tbe tairwav, and were rorc ed to leap front window. Hjwtrk which started the fire eoimiiunicated with n tank holding !() gal lorn of gasoline. The hundred gallon tank exploded soon after the fire started, and the spread of t he flame eaued ten explosion. The site of the jpirage i in the henrt of I lie ineairo unu noiei uisirtct, uron.i way, and the rumor spread that the Met roolitun era Jluumi and sever al li g hotels were doomed- An immenee crowd tfatLcrud and tho Ndit-e retw-uves were summoned to ke-p tbe people out of danger. Tho garage wa destroyed, but little damage wa done n Hear by prop-rfy. LAUTH TO HANG CLACKAMAS COUNTY MURDERER SENTENCED TO PAY DEATH PENALTY JANUARY 27. Doomed Man rtred Four Shots Into the Body of Mrs. Leonora Jones at Xler Home in Oregon City Last September Trouble Originated Over Jewelry. ORFlOX CITV, lee. S.-Oeorge W. La u th. the slayer of Mrs. Ieonra Jones ha been sentencel to be hanged by Judge MeBride, and will be taki-n to Salem in a few day. Tlie date named for the execution i Friday, January 27. Lauth's attorney filed a motion for a ntw trial, and the argument. was made before Judge MeBride Saturday. The defense introduced evidence to provw that one of the jurors had per jured himself in talking about the ease, anil afterward having sworn that he had not. diiicuased the matter, but this could not be proved and tbe court over ruled the motion. Lauth received hi sentence calmly and without emotion. He passed a rest less night Saturday, and played card all night with Petr Nebren, hi jailer. It i understood that his attorneys will try to have hi sentence commuted to life imprisonment, and may appeal the case to the Supreme Court. ' - The condemned man is only 24 years of age. Last September he fired four shots into the body of Mrs. Leonora Jonr at the home of her parents in thi eity, where he had a room. He had diflionHy with the woman about the re turn of Mime jewelry which he bad giv en her, nd Mr. Jonfs refused to have anything further to do with him. ,Thi 1 enraged Lahth that he swore that no other man should Hssess her, and kill ed her in cold blood. He wa tried ami convicted of murder in the first degree about ten day ago. If the murderer is hanged he will be the first white man to suffer the death penalty from Clackamas county. Many year ago four Indian were convicted of th murder of Dr. Whitman find hanged here. Tn lJVi William Hender son killed Silas Suter in Can by, and was convicted of murder in the first degree and sentenced to be hanged, but hi sentence wa commuted to life: impris onment. , (The doomed murderer wa brought to the penitentiary by Sheriff Shaver of Clackamas county, lant evening.) TREATY WILL NOT BE MODIFIED. PARIS, Dee. 5. The report that Franc ha given adhesion to Russian overture for modifications of the treaty of Pari so a to permit the Black Sea fleet to pas through the DardanelloH are officially donicdj Th authorities say that no such application ha been made ami at present there is no indication of any modification of tbe treat 3'. STEAMER BERTHA SAFE. FLORKNCK. lHe. S. The steamer Bertha, fifty days out from San Fran cisco, over which considerablo anxiety had been felt, arrive today. She wa driven off her course by the recent storm. ' . Bean the Slgaators IIji Kind Yoa Haw atwart Efiif3 AT A GLANCE The good features of our Overcoats proclaim them selves. , . ' There arc a dozen Kinds and styles. What's your particular preference, long, short or medium? We have It. :". : All cloths, all colors, all styles that deserve to here are here. . Overcoats at $10.00 and on up to $25.00. SUIT CASES AND HAND GRIPS When you want a Suit Case or Hand Grip you nrnm I In T . f f " 111 urry.,-.. iu save iime ioowng arouna come at oncc where you will find the best, come here first. Wc have just received a full line of Suit Cases and u or,Ps In 311 sfzcs snapes ana styles, for men and women. Prices from $2.00 up to WILL BRIEFLY DELIBERATE JUEY WILL EEQUIEE BUT LITTLH TIME TOE A DECISION. . AEOUMENTS ARE BEINO MADS Judge O'Day for Defense Belittles and Bldlcules the Testimony and Witnesses. The Burden of the Argument for the Defense Is That Ooyernment Fall, ed to Make Case Against Defendants Scores Montague and Ileldecke. PORTLAND, Doe. fl-Th argnrnenl in the land fraud case were continued today with Lawrence F. 1'uter of Fare kn, Cab, the first speaker of the day. The burden of the argument wn tbat the government had failed to make out n rase and that the testimony of the government principal witnesses, Mon tague nnd Ileidecke was unworthy 'of belief.'. .Judge O'Day followed Puler, who prefaced hi argument with a de fense of himself. He then attacked the effort of the government to convict the lefendard in a aarcastie vein. He-rid ieuled the testimony nnd belittled the witnesses, His argument was exhaus tive in detail and eovered the history of the case from its inception. When Judge O'Day concluded hi argument the court adjourned until tomorrow. It will take at least another day to fluUu the trial. Tomorrow Special Prosecutor Heney will occupy tbe forenoon, ami possibly part of the afternoon. Follow ing this will come the charge, to the jury, jt Is thought the deliberations of the jury will be brief. . JURY IN PATTERSON TRIAL Not Yet all Selected Miss Patterson's Health Is Better Nervousness Disappeared. NEW YORK, Dee. .1. The second trial of Nan Patterson, who is accused of the murder of Caesar Young, com menced today. . When adjournment wa taken for the day the three jurors bad not leen ohown. Miss Putterson, who ha been i I - of tnnsiliti for several days, appeared in excellent spirit. Her manner wa very vlvaeioiis, nnd the nt-r-yotisness so noticed dnrinw the progress of the firt part of the trial, has entire ly disappeared. She wa seated v ber aed father. Tlie work of selecting Ihe jury will le continued tomorrow A BUFFALO BANK CLOSED. BUFFALO. Dee. G. The flcrman Bank of Buffalo was closed today by State Superintendent of Bunks Kiiburn because of the run which began with the opening of its door and continued to grow in volnme a the day advanced. A big crowd of excited depositor gath. ered in front of the Herman Bank seek ing information. All this excitement caused the. inevitable result of sending the. nervous dejiositors hurrying: to the bank. Soon after the announcement wa tnadw that the Herman Bank had closed, tbe Buffalo Clearing House Ah sociation issued a statement that it would stand by the Oermnn American, and meet nit demand made on it. It also annoiinced-that President Km ery and two directora of the German American Bank had resigned, and their places wore taken by three Buffalo men. These announcements had a reassuring effect and several large deposits which had leen withdrawn jsere again plaeed in the bank. The small depositors, how ever, continued to draw out money and nt 3 o'clock nearly 100 people were in line before the cashier's window. All of them were paid lfore the bank clos ed for the day. Superintendent Kiiburn give it as his Opinion that the bank will not resume business LONDON, ' Dee. 5. The Daily Mail learn that private application was made yesterday, it in lelleved, at thw Bow street court, for "the arrest of itnrke Roche nnd the captain who nav igated the turbine yacht Carolina to Libau, and also for tbe arrest of a third pctJtpn, presumably Mr. Sinnett" $15.00.