davidaulloa/AmericanStories huggingface dataset:
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25
THE CIRCUIT COURT.
Commences at the Court House,
Monday, March %.

We give below, a list of the
cases up for adjudication at the
next term of the circuit court
which opens on Monday of next
week.
AB Hammond vs. w F Crosby: ac-
ton on promissory note.
VIM Groves VS. John NJ Osburn; suit.
James L Lewis VS. John McGee, Sr. {:
action.
Palmer Ayers VS. W Strong: action.
G R Farra VS. A Wilhelm, Admr. estate
of Sam'l Rickard, deceased; appeal from
county court.
Mary II Whitby VS. John NJ OsDurn, ct
al, suit, confirmation of real property.
Fred Elliott and Ernest Elliott VS.
Ada Emmett w Elliott, Seth Elliott,
Lilly NJ Elliott, Annie Elliott, E E Viii.
son and NJ R Elliott; suit partition OF
re al property.
JR Fehler and E 7 Wertzbaugher VS.
School Dist No l3, Benton county, Ore
gon, aud E Wyatt, Geo Cooper, ] A
Parks, as directors of said district, and
E ] Newton, clerk; writ, alternative
mandamus.
VIM Milton Howell vs Adam Wilhelm
& Sons; suit, injunction.
Wiley Gadsby vs. G Hammel; action,
molion to dismiss.
Della Read VS. Thos G Read; suit,
divorce.
John B McLennan VS. Ellen Weiss ap-
plication to register real property
AT Peterson vs. H Read; action on
promis sorry note.
G H Monroe VS. Y Evans; action.
Mary E Herbert, T M Coon ct al VS.
A L Coon; suit for partition and sale OF
real property.
The Charter Oak Mill Co.. a corpora
ton VS. F P Sheasgreen and Edw Bux-
ton, partners doing business under the
firm name of Central Planning Mills and
Box Factory; action.
Carl G Hodes VS. Heman w Hall and
Flora Hall; action on promissory note.
CRIMINAL CASES.
State of Oregon VS. VIM III Wagner;
crime of assault and battery.
State of Oregon VS. Chas Small; -ecog.
State of Oregon VS. Jas Guier. Crime
of rape.
The usual preliminary meet
ing will be held at the Court
House on Saturday, at 9 O'Clock
a. m. to arrange the schedule, so
that the business can commence
promptly on Monday morning.
The amount of business to come
before the Court is very small,
and prompt adjournment is ex.
pected.
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25
A Golden Wedding.

On March 10th Mr.. and Mrs.
Abram Underhill celebrated their
5otht anniversary of their mar
rage at their home in Philomath.
The groom of so years was born
in Cambridge, VT, May 29. 1926,
and at the age of two years NOV
ed with his parents to Burtis,
Cayuga Co., New York, and
twelve years later moved to
Prophetstown, ILL.,, where he
was engaged in farming. His
father being a shoemaker he
had the care of the farm. On
March 16, 1854, he was married
to Olive Marvel, native OF
Genesse Co., New York, who
was born July II. 1887. At the
age of s years she moved with
parents to Prophetstown, ILL.,,
where they were married IN 1866.
They moved with their family to
Brooklyn, Iowa, where they lived
until the spring of 1875, when
they came to Albany, Oregon,
10 see if the western climate
would be beneficial 10 Uncle
Abrams health, which had failed
him the year before. He gained
his health and is now a hale and
hearty old man. In 1877 be
moved to Summit, Oregon, where
he lived until 1886, when he
moved to Philomath, Oregon,
where they now reside. Five
children were born to their union,
four of which are living: Horace
Underhill, of Summit, Oregon
Mrs. Emma Hulburt, of Albany,
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25
Democratic Ticket.

The dates have been set for the
Demo cratic primaries and conven-
tion, as usual several days after the
Republican meetings for the same
purpose. The primaries will be
held on Tuesday, March 30, and
the convention on Saturday, April
End. The convention will consist
of Ill delegates. The representa-
ton is on basis of one delegate for
each eight votes or fraction cast in
1902 for Chamberlain. The nun
Der Of delegates for each precinct
will he as follows.
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25
A Benton County Case.

On March Fl, the Supreme
Court of the State of Oregon
handed down the following opin-
ion:
Coast Land & Livestock Com
pany respondent, VS. Oregon Pacif-
ic Colonization Company, appel
lants, from Benton County, J.
w. Hamilton judge, affirmed;
opinion by Justice Bean.
This was an appeal from an
order overruling a motion to set
aside a decree and to quash a re-
turn of summons. The plaintiff
is an Oregon corporation with
headquarters at ALBANY and the
defendant Minnesota corpora
ton. This suit was brought
March II, 1903, to recover on
promisory notes and service was
had upon S. F. Cook. who was
stated in the sherlf's return to
the vice president and managing
agent of the defendant. Default
Judgment was taken March 20,
and On July 8, after execution
had been issued and property 'ad-
ve1tised for sale, the defendant
appeared specially. without any
showing of merits, moved, to set
aside the decree and quash the
return of the summons on the
ground that Cook was not either
vice president or managing agent.
The motion was denied and on
appeal the Supreme Court afirms
the ruling. z.. -.
After receiving the testimony,
the Supreme Court concludes
that S. F. Cook was the manag-
! ing agent of the company and
says that the company has also
been guilty of such laches and
delay as to preclude it from secur-
ing relief, no defense upon the
merits being shown. 80
This property, known as the
Coe lands, is part OF wagon
road grant comprising 70, 900 or
80, 900 acres, made many years
ago. The grant took IN six odd
sections on each side Of the road
running from Philomath to va
quina Bay. The Oregon Agri-
cultural Company secured title to
a portion of the property; part
went to the Oregon development
Co., and the bulk of the remain
der, about 10000 acres drifted
somehow to Geo. S. Coe, as trus-
tee. When the latter died, a New
| York court took charge of this
property, and appointed A. H.
Masten receiver, to whom the
Coe heirs made deed. On April
II, 1900, the receiver sold the
property to the Astoria Company.
This company, by A. B. Ham
mond, president, sold the lands
to the Coast Land & Livestock
Co.
In August, 1902, the entire
holdings of the Coast Land &
Livestock Co. and the oregon
Agricultural Co., comprising
about $4,000 acres in Benton
county and $4,000 acres in Lin
coin, passed to the Oregon-Pacihc
Colonization Company, Mime.
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25
The chittirn Question.
Especial from Alsea.)

AS the sap begins TO rise IN the
famous chittim, enthusiasm in
the residents of Alsea, Lower
Alsea, Lobster and Five Rivers
scars in the same direction.
When farmers and ranehers
meet at the country stores, politics
are discussed by a few; the Rus
sia-Japan war is passingly men
toned by others, but the topic
that interests everyone IS the
present outlook for good round
price for chttim, we say every
one. for there is hardly a man,
woman or child in these vicinities
who is not directly or indirectly
interested.
Since last fall when bark
reached the price of IS cents
per pound, scores of ranchers
have been busily engaged in
roaming through the rugged
mountains of the Coast Range
in search of this precious bark, un-
til now, every patch of chittim
that can be pro6tably handled
has been located and homestead
entry made on the land on which
it grows. Some of our most
prominent citizens have taken
claims including the Haydens,
Headrick, War6elds, Sets aud
many others.
The admirable feature of the
chittim business is that it brings
the money direct to the class OF
people who are striving to build
themselves homes in these mount
ainous places, thereby beneftting
themselves as we'll as the govern
ment under which they live, fol
Uncle Sam has thousands of acres
OF land in these coast mountains
that will more than likely never
beueft the Government in any
way otherto assist settlers to build
homes on occasional spots that
are not productive.
The man who will be injured
the most by the good prices is
the man who is really entitled to
the most benefits; that is he who
settled in the mountains a few
years ago, and by peeling bark
from the odd or even sections
lying around him, found that he
and his family were barely per-
mitted to exist. Now that prices
are better he finds himself practic-
ally cut off from supplies. The
homesteader and railroad com
pany together have surrounded
his ranch and if he gets lany
thing out of it he must go farther
back to some obscure patch that
no one else has ever found, and
there gather his grub steak" 70,
the next winter. If any I'm.
pleasantness arises it will be be.
tween the railroad company and
the rancher. AS we have said
the settler has heretofore peeled
bark wherever he could fud it to
peel, and consequently nearly all
the bark that is of any easy &C.
cess on railroad land has beer
peeled, therefore what is lett may
be so difficult to get out, that the
rancher and railroad company
can not agree as to the terms or
which the bark shall be harvested
1t is hoped that this matter car
be satisfactorily ajusted SO there
may be no trouble.
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25
M. A. GOODNOUGH

before purchasing and see what he has to offer
Our $3.50 piano is a thoroughly good instru-
ment, of beautiful tone. action, finish and
workmanship and one which would cost else
where $3.50 so &325. We have several new styles
coming. Second hand pianos also for sale.
Office and residence, Sixth street, one block
west OF the Court House, Corvallis
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25

In the city the polls will open at
one o'clock and remain open till five.
Thespolling places will be the Court
H ousefor districts l and 2 2and the
City Hall for districts ) and 4.
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25
ARGUMENT,

All large dealers like the Portland firms,
have enormous expenses that we do not have
clerk hire, freight. drayage and numerous
other bills. Especially is this true OF their
town to town. creating bills which you have to
share if you buy of them. Large firms save
about SO on a piano by buying in large carload
lots Do you think that makes up for the
above EXPENSES? We are in position to sell
cheaper than any large firms and the way our
customers are j. creasing gives evidence that
iaI sales, piano CLUBS and the like.
No firm can sell goods at wholesale prices to
the retail trade and no firm does. We
give anyone a special price, or sell to you for
less than your neighbor, we have but one
price the year around. There is not another
dealer i'll the Pacific Northwest, to our knowl-
edge, which has strictly one price on each
piano from which they ever never deviate.
AT least have a talk with
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25

Oregon; Mrs. Annie Mcfarland,
of Summit, Oregon; Mrs. Jennie
Bogue, Goldhill, Oregon. We
wish this couple many more hap
py years.
Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1904-03-25
NEW PIANOS! !
$5O.OOsTO $500

OF Of Portland agents. We claim to sell in
struments of the same quality so to s75 cheaper
than any other agents within 500 miles. This
may seem like bolo statement but we are
prepared to back it up with incontrovertible
evidence, if given a chance.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18

The committee representing the
Jobbers & Manufacturers association
of Seattle left that city Monday night
for Chicago, where, with similar COM
mittees from Portland, Tacoma and
San Francisco, they will meet the
traffic officials Of the Great Northern,
Northern Pacific and Union Pacific
railroads to resist the contention Of
the jobbers of Spokane for terminal
rates. The committee consists OF
James 8. Goldsmith and H. e. Swift
of the Schwabacher company; I. H.
Jennings, secretary Of the Merchants
association, and J. c. Lang Of the Ma
tional Grocery company. Mr.. Lang
is already in the east and will meet
the balance of the committee in Chi
cago. Portland sends six represent
atives, San Francisco two and Taco
ma two, the latter being c. H. Hyde
of the West Coast Grocery company
and Mr.. Richardson Of Hunt & Mot
tet.
The immediate cause Of the con-
ference, as explained by the Seattle
Post-Intelligencer, Is the demand of
the Spokane jobbers for terminal
rates and for control of the territory
within 100 miles Of Spokane.
The Seattle, Portland and Tacoma
representatives will fight the Spokane
demand, on the ground that that city
being an intermediate point, IL not
terminal. and that 1t would be unjust
to the coast cities to make 1t SO.
Coast jobbers think they should be
permitted to meet st. Paul half way
with equal rates. whereas now the
latter city can come 900 miles west
under a tariff that permits Seattle.
Portland and Tacoma to 60 but 800
miles east.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18
,uox1aAx .nPus1rcAxs.

GRAND RAPIDS, Mich. May 49,
Four delegates at large to the ma
tional republican convention at Chi
cago ere to be chosen at the conven-
ton 4 Michigan republicans which
was called to order in the Auditorium
shortly before noon today by Senator
Burrows. 1t is expected that the
convention will be harmonious SO far
as the choice Of delegates is concern
ed. and that the administration Of
President Roosevelt will be Endorsed,
and the delegates pledged to vote
for his nomination at Chicago. The
state convention to nominate a state
ticket will be held at Detroit later
In the summer.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18
PROHIBITION TICKET

Fifteen stalwarts Of the prohibition
party met yesterday afternoon at the
courthouse and nominated a complete
county ticket. The liquor traffic is
the sole subject they ight In their
platform. They advocate the abolish
ment OF the liquor traffic. Delegates
to the state convention, to be held at
Everett, July IL, were chosen.
The following is the ticket: Rev.
b. e. Koontz. superior Judge; w. H.
Roberts. sheriff: F. H. Flanders, coun-
ty clerk; c. 8. Spence, prosecuting
attorney: John Melvin, auditor;
George Denman. surveyor; w. E..
Reed. assessor: D. Mcleod, treasurer:
Martin Lewis, superintendent Of
schools; w. w. Potter. coroner; J. b.
Renshaw. commissioner. First dis
trict; w. A. McEachran, commission
er. Second district; NJ. walser, state
senator, Fourth district; z. A. Bra
man and A. X. Jacquith, representa-
tives, Third district. The balance of
the legislative ticket will be nominat-
ed by the central committee.
The following were chosen on the
county central committee: John Mel
vim. chairman; Rev. Z. F. Budreau
and w. A. McEachran.
The delegates to the state conven-
ton will include all Of the county
and legislative candidates and r. J..
Sisson. w. d. Nichols, John Ander-
son, Il. M. Dunn, Rev. ID. w. Berry,
]. M. Allen, w. J. Mexican, c. Dem
man. Ira McCrippen. ]. H. Artz and
Messrs. McBroom, Scott and Carmode.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18
AGED PARALYTIC PLEADS
HIS INNOCENCE

WASHINGTON, May ls.--The eli.
max in the Tyner- Barrett postofiice
case was reached today when Tyner.
an aged, hopeless paralytic, was placed
in an invalid chair and rolled up to
the jury box. His counsel and the
government attorneys crowded about
while the jurymen leaned forward in
an effort to catch the hating words,
Tears coursed down his cheeks. Sew
eral Of the jurymen were visibly af-
fected. Stimulants were administered
to keep the witness up through the
ordeal. He made general denial to
the charges brought against him, ex-
planning his connection with the issu-
ancs Of the fraud orders by saying he
acted to the best of hia ability, consid
ering only the facts and his law.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18

Of the bet. We assume the risk Of
being beaten in the betting"
There was little or no play in the
local poolrooms today. Everyone was
at sea. The action of the telegraph
company was the sole topic. The
blow fell without warning on the To-
cal men. They say they had warn
ing other than the little which has
been in the papers. The local tele-
graph office has received on instruc-
tions whatever In the matter.
Hildebrandt advanced the theory
that the poolrooms could evade the
order by establishing a new tele-
graph company at the tracks and
transferring the reports to the West
ern Union.
George Cosgrove of the Oxford said
he had no idea what he would do
about the matter. II don't know
whether>.we will have to close or not.
/ don't know whether we will have
special men to collect the news or
about 1t. 1t has come too quick. All
know Is that we are not receiving
anything from the tracks today. How
we will get the entries for tomorrow
l do not know"
Poolroom champion Hurt.
Mayor Boyd, the godfather of the
local poolrooms. is hurt because the
Western Union will not furnish the
dope for horse gambling.
What right has the Western Union
to stop gambling when the mayor has
placed his seal Of approval on it?
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18
ODE
Be Stricken Out
of Methodist Mar.
riage Ceremony

LOS ANGELES, Cal, May lS.-An
immense crowd attended the morning
session of the Methodist conference.
The balloting on the bishops to BE-
elected was commenced. The colored
delegates made a strong appeal 10 the
members of the conference urging the
election of a colored bishop. The sem
timent of the conference on the ques-
ton is divided. The colored delegates
are making strong fight and hope to
win out.
A resolution was introduced to strike
the word "obey" out of the marriage
ceremony. The resolution called forth
considerable comment. It was finally
referred to the committee on revision
of the ritual for action. Their report
is expected tomorrow.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18
OVERSEEING MESSAGE
TO HIS WIFE AND CHILD

alone was his one sorrow.
He wrote his letter shortly before
death relieved him from his suffer-
ing. He then executed his will and
gave instructions to those about him
as to what was to be done with Il.
"John, Ne Good to Hsr, OLD Man"
Shortly before he died he saw one
Of his comrades and beckoned to him.
"John," he said, you know her. Tell
her that l loved her always. She
knows that. Be good to her, old man.
know the boys will look after her.
Make 1t easy for her. John" He
glanced at the men struggling with
the heavy machinery. They made but
slow progress. II knew It, It's too
heavy They couldn't do It,"
In minute or so he had died. II
was not until some time later that
his body was removed from the
wreck. Had he been an instant quick
er he would have escaped by Jumping.
He passed to his reward thinking only
Of his wife, his child and his God.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18

deserted her in 1899. She has brought
an action in the superior court to dis
solve the matrimonial ties that now
cucumber her. The ground for the
divorce Is desertion. The couple
were married at Whatcom in 1892.
There Is one child, a son, 9 years old.
Mrs. Fischer states that since the
desertion of her husband she has
been compelled to support herself and
during the period has accumulated
quite a little property, which she de-
sires to have awarded to her. The
property consists of lot in block
10S of the Third addition to the Rail-
road addition and the Cosmopolitan
laundry site at 226 Bernard street.
For poor, deserted woman she has
done nobly in the five years that she
has been forced to shift for herself.
She specifically asks that she be
awarded the property and any money
and household property she may have,
but not word is said about the little
boy.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18
PYThlANS CHANGE
THEIR PROGRAM

The program Of the knights of
Pythias for today has been changed
considerably on account of the great
amount OF business to come before
the grand lodge and on account of the
weather. The parade OF the grand
lodge officers. Uniform Rank. subordi-
nate lodges and the Rathbone sisters.
which was to have taken place this
afternoon. was cancelled in order TO
allow the grand lodge to remain in
business session. The competitive
drill. which was to have been held at
Natatorium park this afternoon, was
cancelled on account OF the nom
arrival of companies from outside
cities.
The Grand parade of the El Mahar-
rag Temple. ID. o. X. X, will be held
this evening at o'clock. weather per-
hitting. The Rathbone Sisters viii
hold an exemplihcation of their work
at the Eagles hall this evening ut s
o'clock Al the same time the ID. o.
X. X. will hold ceremonial session
at their lodgerooms at Pacific halt.
Al midnight the order vii. meet al
the banquet board.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18
COURT MOTIFS
RESTRAINING ORDER.

Attorney R. w. Nuzum of the firm
OF Sullivan, Nuzum & Nuzum filed
an affidavit in the superior court this
morning which charges DR.. M. F. Set
ters with fraud. The matter is an
outgrowth of the divorce proceedings
brought against Dr. Settlers by his
wife. Josephine Settlers.
The affidavit states that on the
morning after the summons in the d.
yorce action was served Lawrence
Hamblen called on the attorney and
stated that he held note for $4,000
against the doctor and that the lat
ter had advised him to call upon At
torney Nuzum and protect his inter-
est The note was claimed to have
the attorney in his affidavit states
that he is Of the opinion that the note
was given the night before In order
20 increase the liabilities of the de-
PENDANT and thus cut down as low
ss possible the amount his wife could
recover in case she was granted the
divorce.
a.
the amount Of the note and Mrs. Set
tors will be at extra expense to de-
fend this action. Attorney Nusum
states that DR.. Settlers assured him
that the suit could be settled in case
q settlement in regard to the property
could be reached. DR.. Settlers also
spoke of another note for $500, which
he claimed had been executed by him
and which was q community indebt-
ednsss.
/. The summons and complaint in the
suit for the amount of the $4,000 note
was served on Mrs. Settlers May s.
and-this Is the suit which Dr. Settlers
9assared Nuzum he could have dis
sntseed II property settlement could
be reached. 1t was impossible to
reach settlement and it will now be
necessary for Mrs Settlers to defend
herself in this suit. Attorney Nuzum
statas that he has advised Mrs. Set
ters that he does not believe the note
TO represent a bona fide Indebtedness
and that II is simply scheme of the
defendant's to increase his indebted
ness.
- The property owned by DR.. Settlers
was estimated by him to be worth
10000 over and above all indebted
ness. The liabilities set out in this
first estimate contained no reference
TO any note for $4,000 OF 5000.
The affidavit is made to show that
IN considering the amount of alimony
and suit money to be granted to Mrs.
Settlers pending the action for divorce
1t will be necessary to take into con.
sideration the two suits on the notes
which she will be called upon to de-
fend. The case came up before Judge
KEENAN, yesterday for action on the
Restraining order, but no action was
taken.
The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1904-05-18

ouarles from going to Chicago -
delegates at large. and were he able
to control the Wisconsin delegation
he would lose no time In retiring
Henry c. Payne from the republic.-A
national committee. II 10 not believ-
ed. however. that his power viii az
tend that far.
The platform will express COM
mendation OF the wise. patriotic and
progressive administration OF Prssi-
dent Roosevelt. to whom promise
will be made OF renewed allegiance
and support. In regard to state u.
sues the resolution viii declare for =
railroad ratio commission. squalfsae
ton Of taxes, and endorsement OF the
primary election law. which will b
voted on at the fall election.