Daily capital journal. (Salem, Oregon) 1903-1919, 1917-02-27


A. Storey, who was arrested here last
week, found Friday February Is, rath-
cr an unlucky day. That he was double
crossed by fate appears certain if lucky
or unlucky numbers and dates are be-
lieved to have anything to do with hui
man actions. The cards were stacked
thusly against him: 1t was Friday, and
the 18th of the month, and he was the
23rd person to be arrested by Sheriff
Needham. Yet he stoutly maintained his
innocence when he was sent to Portland
for obtaining money under@false pre-
lenses.
Marriage licenses secured from the
county clerk are as follows:
H. G. Martin Huege a woodsman of
Mill City, and Hazel N, Budlong;
Charles f. Taylor, an electrician and
Elisa Roy, both of Stayton
Mandates from the Oregon supreme
court handed down to the circuit court
for Marion county for filing are as
follows:
Gertrude f. Kruse, ct al, respondent,
against Emma L, Savage, appellant;
cause adjusted and appeal ordered dis
missed.
A. +. MeClaine, ct al, respondent,
against the City of Silverton, appellant;
court finds error and decree of lower
court reversed.
Henry Back, respondent, against the
FCity of Silverton, appellant; error
found by court and decree reversed and
suit ordered dismissed.
In the ease of Arthur Buchner ct al,
against Elias KLEIN, ct al, the defend
ants were permitted to withdraw de-
murrer they had interposcd against the
complaint and file answers instead. FL
mer H. Hoff was granted permission
to file a complaint or an answer in in
tervention in the cause pending.
Denying the charge that the execu-
tion of the deed of certain real prop
crty by Earl Gardiner to his mother
Ada Gardiner was made with the pur-
pose of hindering, delaying or defraud-
ing any creditor, answer to the com
plant of Samuel Shaffer against Earl
Gardiner and Ada f, Gardiner, an ac-
ton to collect a Judgment Of over So
600 found against the defendant as
the result of a verdict for seduction
lot Fanny Shaffer, was made in the cir
cult court.
In explanation of the transfer of the
real property, the answer states that
on June 90 1898, Robert Gardiner, faith
er of Earl Gardiner and husband of Ada
Gardiner, purchased the real property
in question and held it until the time
of his death, March Is, 1909 On March
"A, 1909. Ada Gardiner was appointed
executrix and commenced to admins
ter the estate, which administration has
not vet been closed and no order of dis
| tribution of the property made.
| Mrs. Gardiner says that for a number
of years past she has paid Earl 5 ac-
counts. bills, etc. and loaned him mon
e. in an amount that exceeds the value
of his share of the estate. These loans
were made with the understanding that
Prepayment was to be made.
On September 13, 1916, Earl Gardi-
iner and wife executed and delivered
to Ada Gardiner deed to certain prop
ertv, which deed is the same mentioned
1 in the plaintiff 5 complaint She says
lit was executed in consideration Of
! Earl s Indebtedness to her and was not
made for the purpose of defrauding any
possible claimant
Then on November 3. 1916, by the
authority vested in her as eXecutrix by
the will Of her deceased husband, she
sold the property to |. L. Hilborn for
$4,000 At the commencement OF this
suit, She says that Earl Gardiner did
not have any right, title, on interest
in the premises, She asks that the COM
lplaint ne dismissed.
An interesting question arises as to
whether or not child two years old
would be so beautiful when she was
grown to womanhood that scar or
sears inflicted as the result Of an auto
mobile accident when she was two
years old would disfigure her to the
| value Of $4,000.
4 IL, =