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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (July 17, 1911)
SAX EM. OREGON. MO.NPAV. JIXY 17. 1011. - ; DAILY CAPITAL JOURNAL, f AGE TWO the capital journal , HOFER. Editor and ?ror rUtor. M. H07ER, Manager asfepmknt Srwwn Ifvotrd to Wan Prnlplw i t, Prwma il IVi'.loUnmt of All Crml'ftt PjtHi; EwT Ernlr EiMpt SuiwUy. SUBSCRIPTION BATES: Unvai-iablr la Alrmiu-) Ms. br CrrW. pr rw n month- Ml,.br Mil. prrr Prt month- Uklr.br Mail pr jw ! Six it)i. FULL LEASED WIRE TKlGP.APH VEIHE SAID HE GAVE TO SLUSH FUND BURGER SWEARS THAT WHEN HE SPOKE OF THE LOKIMKK 8LUKII FUND YVEIHE SAID: "A JACK POT WAS RAISE). l KNOW, FOR I SUISSCIIMED ' (10,000 TO IT. nmntD ram IllltD Willi ) Washington, July 17. That C. F. Welhe, a Chicago lumberman, sub scribed $10,000 to the $100,000 "slush fund" to elect William Lorl mer to the United States senate ?r that he Bald ho did wan sworn to day before the Ixirlmer senate Inves tlfratlnR committee by William Bur gens, an electrical contractor of Du luth. Welho in secretary of tho Edward Hlnee Lumber company, whoso presi dent In said to have been the collector of the "slush fund," and who was flint named when the expose camo In Chicago. Burgess named Rudolph, John and Carl Weyerhanser, the lumber king's sons, and "a young man named John on from Canada" un fellow passeng er with him In the smoker of the Winnipeg flyer betweeen Dutiillh and Virginia, .Minn., on 'bo night of March 8. Inst. The party, he swore, dwindled until I)urgens, Johnson and Welhe alone remained. riurgcsH did not know Welhe's Identity at the time, Ray He Gave 9I0.OOO. "I think thtf conversation drifted to I,orlmer," said Ilurgws. "I said It was generally believed that Ixirl mer had spent a large sum of money to secure his election to the senate. Welhn broke In: 'You don't know very damned much about It. Lorl mcr did not spend any of his own money. A Jackpot was raised for Hint purpose. I know what I am talking about, because I subscribed f 10,000 to It.' "Welhe said, the Jacnpot amounted to $100,000." I'rlit Protected Ioriinrr. On cross-examination Harness de clared thnt dc'-ectlveo who had twvn employed to get evidence ngulnst Iorlmer went to Fulhor Greene, of Chicago, to get a confession. !! de ---- iH be wi stale ramr Fiftieth in PREMIUMS and SEPTEMBER 11 to 16. 1911 Grand Racing REDUCED RATES ON ALL I J. H. BOOTH President r 'ra Cf .n. Or . 50c .fx . 5fle EEPOCT clared the prlt said the detectives were doing Lorlmer an Injustice. Burgess further testified that Weihe told him i hat a newspaper, which employed the sleuths, tele-1 nhoned Father Greene, threatening to publish his picture full-page size for his refusal to 'give up.' The I , priest, Welhe sald( r.pllwl that l(r" the paper did so It would reduce its circulation 50 per cent. The senate Investigating committee expects to examine Senator Nelson W. A Id rich this week on the alleged part he took In obta nlng I 'resident Taft's sanction for Lorlmer s cam-1. palgn. FINED THEM FIVE DOLLARS FOR VAGRANCY Billy Vale and his companion!, Mrs. Jim Louie, who were arrested in Chinatown Saturday by the police, were brought Into court today on a charge of vagrancy, and both sen tenced to pay a fine of $5. When tho olllcers made the arrest of the two they suspected them of smoking opium, and arrested them with a Chinaman, and confiscated an opium smoking outfit. Unable to get ; evidence to convict them of the of fonso of smoking opium, they lodged a vagrancy charge against Vale and Mrs. Louie, and released tho China man. Mrs. Jim Louie, though a white i woman, Is a Chinaman's wlfo, and ! claims to hall from Vancouver. She I Is 22 years old, and, save for a de fect In the eyes, is rather a hand some woman. o He Died Happy. St. I-ouls, Mo., July 17. When told that he had only half an hour to live, Pierce Cullen, of East St. Ixmls, asked the physician to give him a glass of beer. Later he asked for another. He died within an hour. o Three llailly Scattered. Louvre, Colo., July 17. Three men William Hinnple, Hans Larvlge and Qua 11,-ppe were blown to atoms hero today when the nitro glycerine storage plant of the Du-pont-le Nemours Powder company exploded. The damage to tho prop erty was not large. No cause for the explosion has been discovered. TO O T TYi Annual Exhibition Greater than Ever Showing of Livestock Program Complete Come and Bring Your PETERSON MAY BE THE MURDERER rxiTEti tins lutp win 1 Tacoma, Wash., July 17. Start ling new evidence In the Rainier murder case has been obtained by Deputy Sheriff Nixon, of Roy, who learned that Swan Peterson had begged a dinner at the farm house of a family named Betchard near there on Tuesday evening. Peterson, who told Sheriff Long mire that he did not know anything about the murder at Rainier until Friday, told the Betchard family dinner that " there had been committed at Rainier." The Hetchards are pretty sure that this happened Tuesday night. As j the crime did not become known to anyone until Wednesday morning, the sheriff's office regards It as an Important evidence against ?eterson. immediately sent word . . . nu.mn,Q ohft 11 unci lit. unmnu hi. viiiij'iw uwuuh the matter, and Is trying to fasten the date of Peterson's meal with the Betchards more definitely. TELEGRAPH OPERATORS MAY STRIKE (t'siTKD iress r.FAsrr wim.l Helena, Mont., July 17. Telegraph operators on the Rocky Mountains division of the Northern Pacific rail road are voting today whether or not to strike against the announced re duction of wages by the company of $10 per month. A meeting was held at Missoula Saturday at which offi cials of the Order of Railroad Teleg raphers and a number of telegraph ers were presejit, to consider the sit uation. As a result of this confer ence and similar meetings which are being held at different points on the line, It Is reported the company will he notified, that a walkout will be or dered unless the objectionable order Is cancelled. The telegraphers claim the cut In wages on the Rocky Mountain divi sion Is the beginning of an attempt by the road to put Into effect a $10 per month reduction along the line from St. Paul to the coast as fast as telegraphones are Installed for the dispatching of trains. o Crazed by the Heat. trNlTKn I'BRHS t.KASFD WIItK. North Yakima, Wash., July 17. Driven Insane by a series of days with the thermometer over 100, John P. Cleary, a white man, with t ranch on the Yakima Indian reserva tion, eight miles south of North Yak ima, shot and killed himself today after having threatened to kill his wife. i i 4 t PURSES j J f X RAILROADS I Friends. J I ti FRANK MEREDITH Secretary pjl oocls Sarsaparilla Cures all blood humors, all eruptions, clears the complex ion, creates an appetite, aids d'gestion, relieves that tired feeling, gives vi.or and vim. Get It today in usual liquid form or chocolated tablets called Sarsatabs. GARFIELD IS A CANDIDATE FOR PRESIDENT Washington, July 17. A ripple of some magnitude is abroad today among the insurgent Republicans, following the announcement that James A. Garfield, former secretary of the Interior. is to be the progress ive candidate for the presidency In 1912. Garfield Is in Washington and has not denied the story. His friends say the announcement Is premature, but that It is true. Although Senator La Follette has not announced his attitude on the Garfield boom, his friends assert that he Is ready to withdraw In favor of ; the Ohioan at the proper time. It is said that Garfield has i suited nis rorrner cmer, ineouore Cameron distrlct attorney for re Roosevelt, and that he secured his , ' , . approval and support before he con- spondent No appearnce for appel sidered opposing Taft. i lant. McBride, J. Motion allowed The old guard element has so far made no comment on the Garfield movement. REAL ESTATE TRANSFERS. Neer, J. R. and F., to Stith. H. P., 4.80 acres, tp 7 s r 3 w; w d, $360(1. Sherwood, G. F. and I,., to Hoff meyer, John, part block 12 South west addition. Salem; q c d, $1. Harper, E. M. and P. S. to Siddoll. E., lots 6, 7 and 8, Dorrance fruit farm" q c d. $1. Eaton, I!. S. and .7. H., lo Siddall. V. , lot.' t' 7 and 8, Dorrance fruit farm; q c d, $1. Siddall, I. H. and A. to Siddall, E., lots fi, 7 and 8, Dorrance fruit farm; q c d, $1. Siddall, M. and A., to Siddall. E., lots 6, 7 and 8, Dorrance fruit farm; q c d. $1. Siddall, 0. F. and J. to Siddall, E lots 6. 7 and 8, Dorrance fruit farm; q c d, $1. Star Land Co. to Bents, H. L. and A. S.; q c d $20. Powell, H. J. and C. I... to Kennen, O. C. part block 3. Geo. H. Jones' ad dition, Salem; w d, $10. o j STATF. NEWS. Marshfleld has lust completed a ; second salmon cannery. The apple crop In the East Is light. :and thfvre will be a big demand for Oregon s fruit, says the editor of Better Fruit, at Hood River, who has Just returned from the East. Portland expects to lend all Vnlted States ports in grain shipping this year. James McCrae, president of the Pennsylvania system, Is In Portland today. A Yamhill man has a crop of vetch which stands eight feet tall, and yields five tons to the acre. The Dalles fa'r association will eroct buildings to house all the ex. hibits. Linn county has the finest hay crop It has ever grown. Work on the mines In Bohemia district Is being resumed. The Times-Herald, of Burns. Is to ! have a new home a Ann building 30X1(1(1 rept is tjeins; tni'lt for it. !lng hands. ""'"-'" 18 cang- I Thirteen anowpeaks of the trade rangetcan be een from Shan.i-;Tne ! Kli.rn.it, Plla -,(11 ,l thl. r "n b, IdT "U ' A forest Are was started orf Griz-: 7.w nutte. about 12 m es south of Medford, Inst week bv lightning i t, n .'.i ii'1 iiit-'i-iuv i.'iineu to iu.- at Medford last Friday. The Alhanv Chautauona closed a ten-diivs' session Saturday. It was & hlghlv successful meet'ng. per - v ten the stomach falls to ; form Its functions, the bowels be. , coma deranged, the liver and kid J j neys congested causing numerous I diseases. The stomach and liver must T i be restored to a healthy condition i and Chamberlain's Stomach and Llvr Tablets can be depended upon to do It. Easy to take and most effective. Sold by all drvggists. Good HOME Cheap We would like to ask you why do you pay rent, when you can get a good 6-room plastered house, laree jlot, woodshed, city water In house, half a block from a hard paved street j and car line, and near a good school j for a very small payment down, bal ance same as rent, $12 per month. AXOTHKK ONE Good 4-room plastered house, built for a home one year ago; corner lot. woodshed, shade trees, fine lcation, near car line, beautiful view. Price $950, only $150 down balance Jin j per month. Now stop and think ! what your rent money will do for jyou; it will buy you a home, and In flve years your home will be worth jtwicrt as much as you pay for It to day. The above are two real bar gain, and will pay you to look them up. BECHTF.L BTXOX, 847 tate Street. SlSSALE IS Shoe Sale Still Going JACOB Make your money save you money by buy ing Good Goods and at such low prices OREGON SDPREME Full Text Published b, Courier of Supreme The Stale of Oregon t. TVebb, Mult nomah County. The State of Oregon, respondent, v. J. P. Webb, appellant. Appeal from the circuit court for Multnoman county con-!j1Kjge The Hon. K. u. Jioore, On motion to dismiss. Geo. and the cause remanded. The defendant was convicted of the crime of murder in the first de gree, and on the 20th day of Octo ber, IftlO, was sentenced to death.. On December 13, 1910, his notice of appeal to this court was duly served and filed, and on the same day a ! certificate of probable cause and stay I of execution was granted; and an or der made giving defendant until Feb- ruary 1 to file his transcript in this j court. No further order, evfpnilinff j such time was ever made. The ! transcript was filed in this court I June 10, 1011. ; Section 1621, L. O. L., is as fol- lows: "I'pon the appeal being taken, ! the clerk of the court where the no- tice of appeal is filed must, within five days thereafter, or such further ' time as such court or the judge j thereof may allow, transmit a certl j fled copy of the notice of appeal, cer- tiflcate of cause. If any, and Judg i ment roll, to the clerk of the su j preme court." Sec. 1623 L. O. L. provides, that the appellate court j may, upon motion and notice, dis- miss the appeal in case of failure to i make the return required by Sec. j 1621, unless good cause to retain the appeal Is shown. ' McBride, J. More than five months elapsed between the last extension of time for filing a transcript on ap- i peal and Its actual filing In this court. In compliance with Sec. 1621 L. O. L., above quoted the appeal will be dismissed, and the cause re manded to the court below with di rections to re-sentence the defen- ; dant. The Buhl Malleable Co. t. Cronan, Multnomah County. The Buhl Malleable Company, a corporation, respondent, v. John E. Cronan, appellant. Appeal from the circuit court for Multnomah county. Hon. J. B. Cleland, Judge. Argued and submitted June 28, 1911. Gus C. Moser, and W. A. Williams for re spondent. J. M. Long for appellant. Moore, J. Affirmed. This Is an action by the Buhl Mai- jeaDie compny, a corporation, against Cas-iJohn E' Cronan to recover 'money. complaint stated In effect that I between .Tnnurv ion:; i.j i. . .. 1,1Jr "l ,' tnat ar the defpndt vlng possesslon of certa'n of plaintiff's merchandise sold a quntity thereof, valued at $1031.91, and made some payments thereon, leaving due S724.7S. which upon demand there for he refused to pay and converted j that sum to his own use. Judgment was demanded for $724.78 with legal . interest from May 1 1905. The answer denied the material averments of the complaint and for a separate defense alleged in sub stance that prior to January 25. 1905, defendent was the secretary of the Western Mill Supply Company, a corporation which had in its posses sion certain goods for sale of the value of $6,343.50 consigned to It by ulaimlfT: thnt uuc, ,. "j,." ;, ""juih auu : received in evidence and an eveon. c X1ell8, 0rneyJ5 offPr,aml- wh0!tlon t0 their admission al owed nl , t0 :eprefnt Plaintiff, took Nothing contained in such communt tof eSi.l" constrUUeCdhaCsZhonr- sell the same and from the commis ion arising therefrom pay to plain tiff the indebtedness of the Western Mill Supply Company amounting to $('28.83, In further consideration for which payment he was to have the agency in Portland and vicinity of f.miiU a (iwus; mat relying on such representation and believing hem to be true, he accepted the of - ier w nereupon the attornevs Holl ered the goods to him which he commenced to sell; that he paid to plaintiff all the money received from the sale of such merchandise, includ ing the commissions, but the sums fo pain were credited on the in - debtedness of the Mmo , -.,. oui - iwmimny ana on Aoril 1. 14ns piHintm toon possess on of the , mainder of the merchandise, valued at $5.8. delivered it to defendant's business rivals and would not allow him to keep or perform the agree ment. In consequence of the breach of which he had sustained damges in the sum of $2 623.71, giving the items thereof and Judgment was de manded therefor. OPENING WITH A RUSH j AT VOGT'S, COURT DECISIONS F. A. Turner, Reporter of the Conrt. A reply having put In Issue the al legations of new matter in the an swer the cause was tried resulting in a verdict and judgment for plaintiff as demanded and defendant appeals. Moore, J. It Is maintained that errors were committed in admitting evidence, over objection and excep tion, certain letters written by plain tiff to its attorneys in Portland re specting their demand and In per mittinc in the same manner, Gus C. Moser, one of the attorneys, to testi fy concerning such letters. In order to render the assignments of error comnrehenslve it is proper to state i the facts involved herein. About May, 1H04, the defendant became a stockholder In a corporation known as the Croffut McAyeal Company which about November 1st of that year re-incorporatcd as the Western Mill Supply Company when he was chosen its secretary and manager. An action was commenced against the latter corporation and on Janu- ry , iyo-, ail property in its pos . y.'mtitjii hhm hi till urn. r n iti I nil i .i i i 1 chains and other hardware which had been shipped by plaintiff to the Crof fut McAyeal Company and to Its suc cessor to be sold on commission and the net proceeds arising therefrom to be accounted for monthly. When the property was attached here was due plaintiff from the Western Mill Supply company on account of sales previously made $2S.83. and there after defendant without authority sold a quantity of such chains. About March 2. 1905, Mr. Moser hav ing for collection the sum so stated visited the defendant who delivered him a draft for $229.40 which sum was credited on the indebtedness of the Western Mill Supply Company, discharging all thereof except the following Items reported Jamiea 24, 1905. $156.14, $118.71 $53.28,' and $71.30. The defendant on March 22d of that year also paid Moser $156.14. the amount of the first item; April 12th following he paid the at torney $124.58. the sum of the last two items; and on June 22, 1905, he paid the same person $118.71, the amount of the second item after plaintiff had written him that he would not be consigned any more merchandise for sle. Between January 25, 1905, nd May 1st of that year defendant sold quan tities of plaintiffs merchandise val ued at $1031.91 and made payments on account thereof, leaving due $724.78. Immediately upon the attachment of the property of the Western Mill Supply Company It became bankrupt and plaintiff's demand against it of $628.83 having been duly established the entire dividend received there from was $50.30 which sum consti tutes a part of the payments for which credit was given on defen dant's account. . The defendant testified that about July 1, 1905, plaintiff took from him all its merchandise and delivered it to others, detailing the elements and amounts of damages sustained there by and stating that In consideration of his payment of the sum of $628.83 due from the Western Mill Supply Company, for the discharge of which he was not personally liable, Moser agreed with him, on behalf of plain tiff, that he should have the sole agency for the sale of Its merchan- aise ana rrom the commissions which he might receive he stipulated to pay the old account. Moser, as plaintiff's witness testi fied in rebuttal that he never repre sented to defendant that he was au thorized to enter into any contract on behalf of his client and that the collection of its debt was the meas ure and extent of his authority. He admits, however, that he promised to recommend defendant to plaintiff as a suitable person as Its agent and wrote a letter to that effect. In re ferring to certain letters received from plaintiff Moser was permitted, over objection and exception, to state that they constituted the only wi i c-ayuuutrui-e aim instructions re "'"'cu"a luc '"'"3 were ceiveu, wnereupon izing Moser to enter into a contract with any person respecting the sale or its property. Plaintiff's previous authorization or its subsequent ratification of Mo ser s alleged acts with full knowl edge thereof, would compel it to give defendant credit on account f .v.. sales of its property which h. . fected after January 25 1905 of the 'sums of money which plaintiff failed to keep or perform the terms of the asserted agreement, ouu me amount or such payments wouia constitute a nroner nffsot herein. The letters mforrj showed that the attorney was never ! antwiToH J " DSMW 'or the ,ifiBiuim QUI agreement inannAi the .,r f. ..'""HK on ie ot its proD erty and supplemented by Moser's &V.mT such lttters W wo declarations were admissable s 1. d'??roTe author- T..7 JT "uu.uru no error was com- uuiiru m mese respects. ji me aeiendant was entitled tn y counterclaim by reaso , 0f1l ment or for damage sustained fn consequence of a breach o the On 220 North Commerc'l St leged agreement, the right of recoup. meui "vuuiu ii uyo.i pWilltiff'j authorization cr ratification or the attorney's alleged acts and repre sentations with full knowledge thereof, on both of which branches the court gave ample instructions to tne jury. TI . .. .1 !. it neitue&ieu iubliuuuuus were re fused to which action of the court exceptions were taken. Several of them are to the effect that If, from the evidence, the Jury .believed that Moser assuming to act for plaintiff Induced defendant to pay the debt of the Western Mill Supply Company in consideration for which he was tore tain possession of the merchandise and continue to sell it and plaintiff with knowledge of such acts and conduct "retained" the money so paid the keeping thereof amounted to a. ratification. If all the payments made by de fendants were credited to his ac count it would not have equalled the value of the goods which he sold af ter January 25, 1905. He was en titled to a commission for selling the merchandise in speaking of which the court in its general chrge, in re ferring to the averments of the an swer said: "Therefore under h. i. sues here, in no event would the de fendant be entitled to anything un- der this defense, except for the an- plication, if any, that he made of the iMu.no ,ui u ere aerivea from the . - sale or tins cnain which una m,j. by him after the date of this con- iirtii Him oerore tne sale stopped." was As the requested Instructions did not refer to the commissions, but re lated to retaining the money, a part of which the plaintiff was entitled to in any event, no errors were commit ted in refusing to give the instruc- IIUIIO. Another renuested Insimotin denied and an exception taken The request was In substance that If r"ih! eyl(,en(e the Jury should find that plaintiff knew the defen dant was in possession of and sell ng its merchandise, making reports to, ordering additional supplies from . aim paying money to Moser who was remitting the same to plainiff the duty was Imposed on the latta-1. ascertain by what authority the it fendant was dealing with the attor ney. Whether or not the solicited in struction states the law applicableto m , . ,hus assumed we do not think It necessary to determine for in our opinion the request does not detail all the circumstances from which a knowledge of the transac tion as alleged In the answer might have been Implied by plaintiff. The defendants father wis the attaching creditor and three days after causing the property of the Western Mill Company to be seized in order to se cure the payment of his demands against it he wrote plaintiff and from his letter the following extracts i nave taken charge of your consignment of chain because .tne relations of my son with yos and will protect your Interest there- Is the Intention of my son to continue in the same to or business and we would like to continue the handling of your chain.' i ne testimnnv ah a. I j ., "Mno lliai UIC UC" ! f"Jant s father is finnnpiaii r sponsible and whether or not from this letter the plaintiff might reason bly have Inferred that the writer would protect its Interests and par ticipate in the handling of its goods is not stated in the requested instruc tion, in refusing to give which no er ror was omitted. Other requested Instructions were denied but deeming them covered br the general charge or Immaterial, the Judgment is affirmed. Thinkmg good thoughts will lea a smile In the soul. Monmouth, Oregon me nome of the State Normal, ! splendid town, surrounded by a mag nificent country. The climate can not be excelled on earth. Land l cheaper here than any place In Ore gon considering everything We want good people and can take care ot a great many. We have very large list of very fine bargain! Note the following: A splendid 123-acre farm 4 mile out for $50 per acre. a good rolling farm of 67 acrei Improved, only 2 miles out, good soil; $60. 285 acres almost In town, 200 der cultivation, excellent oil. "0 acres near town, house, ban orchard, lots of berries for $32. 52 acres with Improvements costiiH $4,000, an Ideal home, $7,000. The only hotel tn Monmouth dnW a fine business, $1300. The only hotel In Jefferson. Orf gon with splendid trade, only $5,0(K Terms can be had on all tne Write or come "and sea us. 200 acres all black fine plcw la"1 well improved, almost In town. $1 A very tne 450 acre stock farm ltl R- R. running through it, only I35, Monmouth Real Company