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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Dec. 10, 1904)
' J ft fw ;"'!$ H 1 3, ' J? SALEM, OREGON, SATURDAY, DECEMBER 10, 1004. NO. 287. UNGS OP WOWAN '.- V3,B' m I llr I 1 7m I I A fe I I ml m I ?& A3LJ-XJ ' JL 1-- m Br- -m . a r zm zi iy ,a L B k H - JBB r f . v m VI 7 vL H .E ' ' j3. ILLINOIS BANK ROBBED ARE PULLY EXPLOITED IN BROAD DAYLIGHT SS.fw FENNELL HEIRS WIN SUIT IN EQUITY Judge Galloway Decides That Mrs. Jes ' sup Sold State Street Properjy ' , CUAAtAz Fvnork frt ' "'nod Rail in lIot& York Secure UlM 0., Dec. lO.-Tno mystcri- .Mcitics" held in trust uy unm;- Irfynolls for Mrs. Chadwick, wnicn jists of tho follewing: A noto for ,0000, Bigncd y Anurow ich states that Carnegie 1ms in his session si""", ....- - - --- out of $7,500,000, new in trust lor niadwiCK. .- hUDADcr also bears the,, signature BCarnegie, and tlio two represent tho Uoal basis on wmen tno woman Idactcd her financial system. tu noto for $5,000,OOU 18 -DC11CVCU Lye been written nnd signed' by same person who cxecuteu tno cs for $500,000 and $250,000, held tie Oberhn bank. f h note for $5,00l),uuu -was oxe- Li in 1902, and all of-tbeso secu'ri- , ffli be placed in oviuoncc. xno a county grand ury ihvestiga- is being held hero today. Inker Boynoius is saia to nuvo U Mrs. Chndwick his entire for- (w York, Dec. JO. Mrs. Chadwick languished in tho Tombs this morn kt beforo tho day was over Law Philip Carpenter expected to de- (I KtWIWHHta4M-HrMI-lllMH' J Holiday Goods I )( LAWYER DEFENDED PRESS Seittle, Wash., Dec 10. At torney George O. Oongdon, a lamer newspaper man, pum- Bdled Attorney George T. Bob sin into a helpless condition in Ids office building this morning. Joberts had chargod Oongdon rlth unprofessional conduct and roundly roasted the 'newspaper nan in a recent trial.. Oongdon up: "I licked him more be ansa he roastod tho press, but It him afew for myself." Both are prominent lawyors. posit a cash bail of .$15,000, which wilf givp tho woman he,r freedom. After breakfast this morning alio read in the morning papers tho nccount of the dis covery that tho $5,000,000 of securities held by Banker Reynolds wero worth' less. This is tho first tlmo she knew that this fact had been mado public, and after rending tho papers paced her cell. Mrs. Chadwick quite regained her rcmarkablo ncrvo, and Dr. Lovin, the city physician, declared) this morning that tho woman--is-perfectly sound physically. To tho guard before her cell this morning, sho said: "Well, this is my last day of this torture, tlmnk heavon." It is" practically cer tain that sho will not go to Cleveland, if bail is secured, as sho is under an or der from Commissioner Shields to ap pear beforo him ono week from today. It was'loarnod today that two lawyers, ono from Chicago, nnd ono from Phila delphia, had an interview with tho prisoner last night, and in case sho is roleased from jail, the secret servico men "will kep n closo watch on her movements. To Corner Salmon Output. Portland, Or., Dec. 10. Owing to tho well-defined report that John Cud ahy, tho Chicago packer, is endeavor ing to securo entire control of tho sal mon industry in this section, keen in terest is manifested in their salo today of tho proporty of tho defunct Pacific Pocking nnd Navigation company. Should Cudahy bo successful in secur ing tho property, it is also believed that ho will tako over tho property of tho North American .Fisheries conu pany, if ho has not already dono sot thus giving him control of the largest fishing concerns on tho Pacific coast. A Good Move. La Grande, Dec. 10. Tho Society for tho Prevention of Cruelty to Ani mals has stnrted n campaign hero ngainst tho practico of ranchers com ing to tho city and leaving their teams and saddle horses hitched intho street all day, and, as is often tho case, all night. An ordinance has been passed providing that tho city officials will take chargo of such horses and either compel their owners to feed them or to feed them at tho expenso of tho city and hold them until redeemed. Judgo Qnlloway handed down his do-) cision in tho Barr-Jcssup suit this af ternoon at 1 o'cloek. Tho opinion was as follews: This is a cross-bill in oquity brought by tho heirs of the lato Margaret Fon nell to enforce (ho specific performance of an oral contract for tho salo of a certain houso nnd lot owned by tho de fondant, Mrs. Sophrona Jcssup, nnd for tho perpetual restraining of an' action in ejectment' commenced in depart ment No. 1 by tho defendant in this case. Defendant Mrs. Jessup claims in her complaint filed that sho leased tho property to Mrs. Fennoll for a term of years, nnd sold tho furnituro in tho hoti.e. Sho further claims that sho re ceived for such furnituro and rent tho sum of $200. Mrs. Fennel died in 1903, nnd her heirs wero mode defendants to tho ac tion. Tho heirs, Mrs. Herman Barr, Mrs. Winkler and Patrick Fonnell, brought this cross-bill in oquity, alleging that their mother had purchased tho prop erty from Mrs. Jessup for tho sum of $5350, nnd had paid $200 down as part of tho purchaso prlco, $2500, of tho bulnnco to bo paid in ono year, and tho remainder to bo sccurod by a mortgago on tho premises,' Plaintiff took pos session of tho plnco undor this agree ment, and tho heirs still rcsldo thcro-on. Tho court holds that it is a well de fined principle of law that nn oral agreement or contract whero possession is given is a part performance of tho same, and takes it out of tho Btntute cf frauds. Tho court further holds, hat there must bo a mutuality of understanding, and this mutuality of understanding was arrived nt when defendant gave a receipt for $200 to bo applied on tho purchaso price, and surrendered peaco ablo possession of tho promises. Dofendant in answor to tho allega tion in tho complaint in this suit al leges that sho did not sell tho property, but that sho rented tho samo to tho plaintiffs at tho agreed prico of $20 per month, for n term of years, and that tho receipt in question was given Onr assortment is now complete. Komomber that tho most dcsirnblo Pods go first, so don't wait until tho last week beforo Christmas to hy your presents. Dolls, Gasscs, Picture Books, Toilet Cases, Work Boxes, Man icure Sets, Handkerchief Boxes, Glove Boxes, Jewel Cases, Pho to Cases, Necktie Cases, Shaving Sets, Collar and Cuff Boxes, Cushion Tops, Handkerchiefs, Neckwear, Ribbons, Towels, Table Linens, Stamped Linens. Everything suitable for tho Holidays. If you rrefer practical pres w'. give your friend a pair of shoos, a suit of clothes, a comfortable wereoat or ono of those fine waterproof rain coats. Wveyonr boy a nobyb littlosuit and mako him happy. We havo an ttllent Ime of drv rmods from which vou can select a nice waist Mtrn or a dress pattern for your mother or sistor. They may nppro "' something practical more than any fancy present you could get ' them. Q usual extremely low prices apply- to -Holiday Goods t A, ell as to all .other Unes.Our profits are figured on the spot cash That's why wo undersell "Regular Stores." for money received for said rent, and, for the purchaso price of tho furniture. Tho testimony Bhows that Mrs. Fen nelntied in 1903, but her daughter, Mrs. Bnrr, testifies in accordance with tho allegations in tho complnint, nnd sho is corroborated by the testimony of her sister nnd brother. Mr. Steincr says that Mrs. Jessup told him thnt sho had sold hor placo to Mrs. Fennell for up ward of $5000. Mr. Johnson also testi fied along tho samo lino as did tho real cstato agent who hnd tho placo for salo. Theso remarks o f Mrs. Jessup wero all mado after tho giving of tho receipt to Mrs. Fennell. Still other testimony corroborated in part the ovidenco horo toforo mentioned. On tho other hand tho defendant, Mrs. Jessup, testified denying tho testi mony given for plaintiff, and stated that sho had simply leased tho placo, admitting, however, that sho had offered to sell tho plnco for $5150, but maintain that tho $200 received was for tho furnituro and rent. Tho ovidenco of defendant was tho only testimony offered on behalf of tho dofendant denying tho allegations in tho complaint. It is trtio that Mrs. Henry Q. Moyers, Mr& Wright and another woman woro called, but their testimony was simply as to tho value of tho antiquo furnituro in tho house, and in no sense corrobo rated tho testimony of tho defendant ns to renting tho property. Taking all tho testimony into consid eration tho opinion of tho court is that tho"propcrty was sold under nn orul agreement, and that possession was takon in pursuance of that ngrcoment. The order of the court therefore is fory-tho specific performance of tho contract in pursuanco of that agree ment, and that a deed bo duly executed nnd mado to tho plaintiffs, tho heirs of Mrs. Fennell, upon tho payment Into court of tho nocessary cash in accord ance with tho testimony of tho agree ment nnd that tho ejectment uction bo perpotually restrained. rellers Held Up by Two Masked Merc? , and Large Sum Se cured Peoria, 111., Dec. 10. Twd men held up tho Peoria Nntional bank at' 1:30 o'clock this afternoon. They entered with drawn revolvers, and ordered tho tellers to throw up thoir hands. Tho men did not oboy quickly enough, and tho robbers snapped their revolvers, which refused to go off. Thoy thoni beat tho assistant cashier 'over tho head while- thoy hold anothor employe at bay, and grnbbed all tho monoy in? sight. Thoy escaped ina buggy, nnd? it is believed that tho amount takon ieS largo. RANGERS TRAIL ROBBER San Bernardino, Dec. 10. Arl.pua rangers havo taken up tho trail of tho Santa Fo express robber. All suspects havo been turned loose by tho sheriff, OFFICER WANTED TO -RESIGN Washington, D. 0., Doc. 10. Second) Lieutenant Paul II. McDonald, of tho, Tonth United States infantry, who ro-t ccntly resigned, caino to Washington nnd it is rumorod that Williamson, tho to,iay to ufgo tho accoptanco of his rea-( negro, who was held under bonds, lm , ,on Uo hM bo(m ,ncod mul(jr K1VU1I lUIUllUUli JUlUIIimtiUU UlVtllAH himself. Tho rangers are in hot pur suit of tho suspect. Germany Uses Dogs. Berlin, Dec. 10. German's experi ments in using dogs in tho suppression of tho southwest Africa rebellion havo proved highly successful. Many dogs were sont out with the previous expedition, and half a dozen will bo taken on tho next transport sailing for Africa. Tho dogs do excellent service in pre venting night surprises of tho men on guard duty by Hcrcros armed with kir- rls or natlvo clubs. Tho dogs nro also particularly used for tracking fleeing natives and finding woundod mch in tho bush nnd on tho battlefield. Von Siorakowsky, to whoso offorts was duo tho introduction of dogs into tho Gorman army years ago, now ad vertises for moro dogs for Gorman Southwest Africa. All breeds except St. Bernards and other heavy weights aro wanted. nrrost on charges preferred by tho rog- Imontnl commander nt Fort Lawion, Washington, alleging various irregular ities in financial transactions, including; tho duplication of pny accounts. Mc Donald has boon sent to Furl Luvlun.P Tokio, Dec. 10. Tho Japancso cruis er Saiyen struck a mino on November 30h, and wont down. Tho moorlty of tho crew was rescued. Funeral of Cartoonist. Akron, Ohio, Doc. 10. Tho ftinoralM ,of Qharlcs Nolan, tho notod cartoonist. who died at Cavq Springs, was h14 hero this morning. British Steamor Wrecked, Colombo, Coylon, Dec. 20. Tho Brit ish steamer Socundra was wrecked in Galleo narbor, and sovon of hor crow wero drowned. : WOULD : . CANCEL DEBT London, Dec. 10. The St. Petersburg correspondent of tho Central News says that it is re ported in diplomatic circles that Russia has offered to cancel tho romnlning Turkish indebtedness to Russia, incurred as a war in demnity, providing tho Bultau allows tho Black Sea fleet to pass tho Dardanelles. o Sot Hot' Pace. New York, Dec. 10. Threo moro toams wero forced out of tho six-day bicycle raco this morning as tho result of terrific sprints during tho night, nnd only seven teams remain. At 7 o'clock this morning Boot nnd Dorlon nnd VnnJerstuyft nnd Stol aro still leading, with a scoro of 2168.0 miles. Samuel sou nnd Williams nro next with 2158.4 miles. rSHOP IN THE MOKNINOS when you won't bo so crowded, nud can got abetter and more prompt service. mmK. jwm g - -w W r A What beautiful things wo hnvo for every mem ber of tho houso (DEFENSIVE TO LABOR INTERESTS THE NEW YORK RACKET BALEM'fl CHEAPEST ONE-PBIOB CASH 8T0BE. F. .T RAiwrc PROPRIETOR Albuquerque, Dec. 10. Judgo Bak3r, second United Btates dis trict and assoclato Justico of the supreme court, of New Mexico, has been removed by President Roosevelt.. The Good Govern ment League of this city, filed charges of extreme partisanship in several important cases, which wero tinged with politics, and it is said that labor influence were used against tho judge, as he has sentenced several prominent la bor leaders to Jail for violating an Injunction. Baker has gone Washington to make an effort to havo tho order recallod. Washington, Dec. 10. Ex plaining the reasons for tho re moval by tho department of Jus tico it was found that in Bor nalilo, county, In which Albu querque is situated, political of ficial affairs woro in bad condi tion. Improper Jury commission ers were appointed, and they se lected jurors who could be tarn pered with.. The Sunday law was not enforced against gam bling in the saloons, and Baker was not doing what a Judge should to .remedy the evils. Baker, however, is not deemed dbhonest or corrupt. TAKE OUT YOUR CALENDERS Men and women folks, and seo what llttlo time thcro remains beforo tho joyful Christmas. Hero tho Christum? snirlt is nlrondv assertias itself. Holiday stocks ore being inulullud, our salon force is being augmented in antici pation of heavy holiday buying, nnd facilities hnvo been Increased throughout to meet all demumls. Kxporieuoo is tho best teacher. DON'T DELAY YOUR HOLIDAY BUYING if I jjjar j j) Great Bargains in Ladies Tailored Suits Kvery ono of this season's showings and nt prices asked you could not buy tho ma terials for. $18.50 Tailored Suits ....S12.35 22.60 Tailored Suits .... 15.00 30.00 Tailored Suits .... 19.85 SILK ROBES An elegant gift for somo woman, Wo show them in a nice variety of patterns, in both whito and black. $18 to $40 FEATHER BOAS The best quality of ostrich feath ers only aro used in making up theso boas, and they are certainly beau-ics. $18.50 to $30 Toyland A wonderland for tho llttlo folks who throng tho place, admiring this or that toy and wishing for Santa to bring It to them. Wo wero nov- .cr betlor prepared to supply your Christmas wnnts with tho latest and 'best novelties. Doll Specials Theso aro boing eagerly bought up and luid away to msko somo llttlo girl happy 25o dressed doll , 19 Jointed doll, bisquo head . . , .25 $2.60 dressed dolls, special.. $1.00 Baskets All our small work baskots nnd wasto baskets nt great bargains. All aro reduced. One Tnird PnOTO ALBUMS. Entlro lino is reduced one-third. One Tnird Havo your Christmas Gloves placod In n ncot, attractive Christ mas box, specially mado for Christ mas gloves. T SjuffeM OanJor-Vqd UOEM Men's Cood Clothing Clothing tlmt is out, that is tail ored to livo long uud lipid their shupe as lung as they live. This is tho character of tho clothing you buy horo. $J0to$25 Bath Robes In a great vurlety of styles nnd colors, in, enough grades to suit any taste and purse $3.50 to $ J 0.00 l 'ii. ,:? i i . II m m Ii I 1NWWWWW4WW1 m