10 THE MORNING OREGONTAN. WEDNESDAY, MAT 27, 1903. BRAND JURY IY INDICT CI SIM Millionaire Timberman of Min nesota Is in Limelight for. Oregon Land Deal. WITH FREDERICK A. KR1BS Continuing Conspiracy Charged in the Employment of Dummy En trymen to File on 10,00 0 Acres and Secure the Patent. While United States Attorney Mc Court is exceptionally secretive as to the extent of the Investigations that will be made by the grand Jury now In session. It Is possible " that C. A. 8mith, the Minnesota millionaire tim berman. may be indicted criminally tor the part he is alleged to have played in looting1 the state of several thousand acres of its most valuable timber lands. Since equity suits were filed Monday to annul the patents to nearly 10.000 acres of this land which Smith is alleged to have acquired fraudulently, it has been discovered that the Minnesota million aire on April 4. 1904, sent J381.60 to the State Land Board as principal and in terest due on 360 acres assigned by Frederick A. Krlbs to Smith. Kribs had petitioned the board for the repayment of his purchase money, with interest, after Government can cellation, owing: to the selection of a wrong base, November 28, 1903. But It developed that the part of the lands figuring in entries made by W. E. Mills and Lulu Lyle, the certificates of which had been assigned to Krlbs, had been made on proper base. The result was that Kribs was ordered to pay the re mainder of the purchase price and per fect title to the land. It was this money that Smith remitted to the board after the land had been assigned to him by Kribs. Complete Conspiracy Is Charged. It is alleged that this transaction be tween Krlbs and Smith constitutes a continuing conspiracy that falls within the statute of limitations, making a complete chain in the transaction be ginning with the applications by the dummy entrymen and leading up to the patenting of the land, which is the final step in the alleged conspiracy. When the grand Jury has concluded, its Investigation of the Umatilla frauds it is generally understood that sev eral other matters will be submitted. If there is any chance to reach Smith with an Indictment on which a criminal prosecution can be based, it is a cer tainty that such facts will be offered for the Jury's consideration. At any rate, a number of other violations of the Federal statutes will be acted on. Among these are the usual number of counterfeiting and postal cases which will be considered when the land-fraud cases are ended. The plan of operation adopted by Smith is not set out specifically in the legal complaint, but an interesting ac count of the modus operandi of the Minnesota millionaire is given in 9. A. IX Puter's "Looters of the Public Do main." In this book Puter relates in' detail bow he entered into and exe cuted a contract with Smith for che fraudulent acquisition of between 8000 and 10,000 acres of timber land in this state. Puter's Story of Deal. In January, 1900, Puter met Smith at Minneapolis and agreed to secure for him about 10,000 acres of good yellow fir timber land, practically in one body, the cost to Smith to be not to exceed $ti an acre, he (Smith) to furnish all of the funds that were necessary in get ting title. When he left Smith, Puter carried with him a letter to Frederick . A. Kribs, Smith's financial agent, who was to enter into a written agreement for the execution of theecontract. The necessary entrymen were procured at Portland, Brownsvills, Albany and Roseburg, after each entryman was as sured that Smith would pay all ex penses, including that of going to and from the land, the Land Office fees and the cost of the land, and further that he should receive $100 after he had made final proof and turned over a deed to the land, which should be executed in favor of whomsoever Smith, through his agent, Puter, should designate. The entrymen were taken to the Roseburg Land Office in bunches of ten or more, the enterprising agent so ar ranging his excursions as to get the iidvantage of reduced transportation rates over the Southern Pacific Rail i T-r3 v '' rr i v ' - - v 111 "' '" 1 1 11 iii,,m ir- VXITKD STATES ATTORXKY BTCOUHT STAN US IX THIS CE.NTER OK THIS liKOl 1', WITH J. V. PUGH. FOREMAN OF THE JIRV, OS BIS LEFT. JOH.V KELLY, THE VETERAN BAILIFF STANDS AT THE KM) OF THE FRONT ROW OK THE RIGHT. The members of the grand jury are: J. w. Pugh (foreman. Shedd, Linn County; C. H. Southern. Bond. Wasco County; John J. Rowley, Dayton, Yamhill County; Ira B. Sturgiss, Baker City, Baker County; Jesse Severn, Junction City. Lane County; H. G. Nichol son, Medford. Jackson County; Gus P Keller. Portland; J. TV. Lytle. Island City, I'nion County; S. M. Kelly. Roseburg, Douglas County; W. O. Zeigler, Eugene, Lane County: W. H. Grabenhorst, Salem, Marion County; H. S. Furman, Eugene, Lane County; N. Easterbrook, Portland; William M. Daniels. Portland; w. A. Alcorn. Linnton, Multnomah County; Frank Campo. Barlow, Clackamas County; G. W. Gage, DiHard, Douglas County; William F. Gilkey, Dayton. Yamhill County; William Cornelius, Walton, Lane County; B. C. Holt, Harrlsburg, Linn County; John M. Bristol, Portland; L. Q. Bower, Silverton, Marion County; Nathan Harwood, Eugene, Lane County. road The descriptions of the lands filed on were secured from Mealey brothers for a consideration of $10 for each quarter section. Fifty-seven of these fraudulent timber land locations were made in one week. Agents for the Northern Pacific Com pany having threatened to contest these claims, Puter telegraphed to Smith, who later came to Oregon and with Ms financial agent, Kribs. met Puter, and the Iatter's partner, Horace O. McKlnley, at Albany. A visit was made to the claims, which were cruised and, coming up to the requirements. Smith entered a contract whereby he agred to advance the money for mak ing final proof and all other expenses, together with the $100 bonus to be paid each entryman for his right, and as soon as deeds were obtained he agreed to pay Puter and McKlnley J5.60 an acre for the 9120 acres embraced in the 67 claims, less the amount ad vanced for the perfection of the titles. According to Puter's version of the deal. Smith suggested that as soon as final proofs were made the entrymen should mortgage their claims to Fred erick A. Krlbs for $600 each, simul taneously with the execution of a transfer to John A. Wild, of Minneap olis, this deed to be withheld from rec ord for ten days after the final proof had been made. This precautionary measure was adopted to make it appear that the claims had not been located under any prior contract for Bale, in case any question should arise affecting the validity of the titles. Railroad Forces Compromise. The Northern Pacific, however, per sisted in its contest against the 67 claims, and, after having caused the ar rest of McKlnley on a charge of per jury, forced Puter and McKlnley to consent to a compromise by which they caused entrymen to relinquish 24 of the claims, which were immediately seised by the Northern Pacific, the other 33 quarter sections being retained by Puter and McKlnley. In his book Pu ter then relates how it was he discov ered that F. P. Mays, who was his at torney, was at the same time the at torney for the Northern Pacific, and how subsequently Kribs employed Mays for a consideration of $50 each to rush the 33 claims to patent. It was this deal that led to the indictment of Sen ator Mitchell. At the preliminary hearing of the charge against McKlnley. Edwin Mays, brother of F. P. Mays, appeared in the role of Assistant United States Attorney for the Government. After the formal ity of a hearing the charge against Mc Klnley was dismissed, although two of the bogus entrymen had confessed and had made affidavits that they had taken up the land for the benefit of McKlnley. with whom they had con tracted in advance of filing to sell their rights for $100 each. This is a fair sample of the methods that were employed by Smith In ac quiring title to the 9000 acres, patents to which the Government in the suits filed yesterday seeks to have annulled. Mersereau Given More Time. United States Judge "Wolverton yester day granted W. B. Mersereau 20 days' additional time In which to reply to the suit of Helga Farret for $60,000 for per sonal damages. The original 10 days in which Mersereau had to answer the suit would have expired Friday, the com plaint having been filed. last Tuesday. PROGRESS DF GRAND JURY CONTIN UKS WORK ON" UMATILLA IiAKT CASE. If Indictments Are Voted, It Is Ex pected They "Will Be Returned ' Early Next "Week. Satisfactory progress was made yes terday by the Federal grand Jury in probing into the Umatilla land frauds. The Jury is an industrious body of men and is applying itself faithfully to a consideration of the evidence that Is be ing presented by United States Attor ney McCourt. It convenes at 10 A. M. and works until noon, when an ad journment is taken to I o'clock. The afternoon session continues until 4 o'clock. Several witnesses were examined yes terday and. Judging from the progress that is being made, the Jury may be ready to return indictments, if any are voted, early next week. Among the witnesses before the Jury yesterday was Edward Dixon, one of the special agents of the Interior Department, who in 190S and 1907 made an investi gation of the alleged frauds under the direction of the Secretary of the In terior. It was largely on the report submitted by Mr. Dixon and that of another special agent. Captain J. H. Alexander, that the grand Jury Inquiry that Is being made was authorized by the Department at Washington. Olympla Beer. "It's the water." Brew ery's own bottling. Phones, Main 671. A 47. ' MEMBERS OF THeVeDERAL . - . , vj so -, l ' si jiS " i 4& - ' x T F Rex McDonald, Jr., Cream Horse, to Carry King of the Festival. NAME TO BE KEPT SECRET Rex's Identity a Mystery Till Night of the Grand Ball, June 5, When Unmasking Will Occur Will Soon Issue Proclamation. Rex Oregonus, the presiding genius of the public functions of the Rose Festival, will appear in the different street pageants in which he is to take part, mounted on the Kentucky thor oughbred. Rex McDonald, Jr.. a beau tiful, horse and a many time prize winner, owned by T. T. Strain. The animal Is one of the most classy per formers in the Nor :h west and has ap peared as a ribbon-winner in a number of recent horse-shows. He is a cream colored gelding with white tall and mane and Is a fancy performer no matter where put. Rex Oregonus has been selected, but his name will not be revealed until the night of the grand ball, Friday, June 6, when the most brilliant social func tion Portland has held since the World's Fair will take place at the Armory. At this time, following the grand march, which Rex will lead with Queen Flora, the unmasking of the King will take place amid appropriate ceremonies, and for the first time it will be known who he is.r During all the public functions and parades in which Oregonus will play a conspicu ous r61e he will appear en masque and while garbed In all the regal parapher nalia consistent with his commanding position in the affairs of the Festival, he will never remove the domino from his face until the grand march Is over at Friday night's grand ball. Rex to Receive Keys of City. The moment Rex lands from his royal barge at the city dock Monday noon he will be mounted upon his beau tiful charger and under an escort of nearly 200 members of the Portland Hunt Club, all mounted, will be con ducted to the city's Arch of Welcome, to receive the keys of the city. Following the formal manner of opening the Mardi Gras carnivals of New Orleans, Rex will Issue a royal proclamation to his "faithful subjects" within the next day or so, the proc lamation covering his movements. In the main, and urging the general pub lic to drop all business affairs and Join in the grand celebration. Queen Flora, the royal consort of Rex, will appear to the greatest ad vantage in the horse and carriage pa rade, which she will lead enthroned on a floral float that will also carry her maids of honor, who are to scatter roses in the streets along the line of march. The float upon which the Queen will ride is being built at the den at the World's Fair grounds and will be one of the prettiest and dainti est of all the pieces in this parade. Immediately preceding the Queen's float will be a band of 40 pieces. Fol lowing the Queen and her royal en tourage will be the combined entrjes of" the Portland Hunt Club, comprising about 200 members, all on horseback, with mounts decorated with flowers and with the color scheme following, the design which has already been worked out. Corvallis Cadets Head Division. The, next division of the parade will be the Corvallis Cadets on foot, more than 600 uniformed youths in line go ing through intricate drills and fancy maneuvers. The cadets will carry their own band of more than 40 pieces, and will be followed by the magnificent turnouts of the Riverside Dirving Club, which has. entered about 175 florally decorated pleasure vehicles of every kind and description, from tiny dog and pony-carts to slx-ln-hand tally-hos. In the Hunt Club division will be the entries of the private owners of saddle horses and ponies both in Portland and the 20 outside towns which have sent in entries, and all will wear the colors of the club. The Junior Hunt Club will also appear in this division, and 160 boys and girls are listed in this section. Following the Riverside Driving Club's division will be a diversified array of entries of pleasure vehicles owned by Portland people and others GRAND JURY AND UNITED BEMmFUL MOUN DRREXDHEGQNU5 who are not affiliated with the riv ing Club. They will be eligible to com pete for the score or more of cups and trophies which have been- hung up by local business houses, and will be pro vided with the official ribbons of the driving club. The next section of this grand caval cade will be the decorated feature floats, the entries of fraternal, benefi cial and social clubs, improvement or ganizations and other bodies not In cluded in the above-named classes. Surpassing Last Tear. This division promises to have on display floral floats that will surpass ln artistic beauty and spectacular ef fects any of those which were entered in the chief parade of last year's Car nival. A great many organizations and societies will compete for the prizes, any of which will be worth striving for. The T. P. A., the Foresters, the Woodmen, the Elks, the Owls, the Ea gles, the Hoo Hoos, the Concordia Club, the Multnomah Club, the Archi tectural Club. 'Railroad Row" and many other organizations are prepar ing to enter floral floats in this pageant. The -Festival management urges all merchants and business houses in tqwn to plan at once their scheme of decora tion for the display windows, inasmuch as this can serve the double purpose of being in shape for Memorial day and for Festival week. A number of enterprising houses have already begun to dress their windows in the official Festival colors green and pink but the movement is by no means general as yet There will be six large parades during the week three by day and three by night and the various com mittees In charge of them are laying out the routes so that practically every passable street in the downtown busi ness district will see more or less of these gorgeous pageants. It is for this reason that the request that the stores put on their holiday attire has been made. In addition to this, President White more, of the Festival, haa issued a for mal call requesting every citizen of Portland to wear a rosebud In the buttonhole for men, in the corsage for women every day from now on until the end of next week, when the .Fes tival celebration closes. This is only a small way that the people of Port land may show their patriotism and public spirit, and the weather haa now changed for the better, so that trlere will be plenty of buds and blooms for everybody to wear a boutonnlere. Another appeal was sent out from headquarters yesterday, and that was that all property-owners, particularly those on the West Side, get busy and clean up their lawns and backyards, and street-frontages as well. The East Side, through the Instrumentality of a lot of energetic , district improvement clubs, has cleaned up a major portion of the territory on that side of the river, in some of the districts the com mittees having been at work for the past two weeks; but on the West Side there has been no organized effort, and but little has been accomplished in this "work. "Wake up, clean, up and dress up," is to be the motto for Portland for the rest of the week. IMPROVEMENT OF STREETS Arrangements for Lecture June 1 1 by R. H. Thompson, of Seattle. m Members of the committee appointed by the Realty Board to arrange for the lecture on street Improvements on June 11 by R. H. Thompson of Seattle, met yesterday afternoon at the office of Whiting A Rountree to perfect final ar rangements. Those present were C. K. Henry, chairman; M. G. Griffin, L G. Davidson, Henry W. Fries, president, and J. O. Rountree, secretary of the Board. Upon a suggestion made by Tom Richardson, manager of the Commeaclal Club, it was decided that Mr. Thompson would be tendered the use of the guest chamber at the club and be given lunch at noon on the day of the lecture. After lunch a reception will be held, at which time members of the club will have an opportunity to meet Mr. Thompson. After the reception he will be taken in charge by the committee and be shown about the city in an automobile, particular at tention being given to the condition of the streets in various sections of the city. After the drive, C K. Henry will enter tain Mr. Thompson at his residence on the East Side at dinner, and with the committee will then escort the visitor to the Empire Theater. Isadore Lang is to preside at the meeting and will -introduce the lecturer. A number of prominent citizens will act as vice-presidents. The lecture Is to be Illustrated by stereoptlcon views taken for Mr. Thompson in various cities of the country and abroad. As City Engineer of Seattle he has given the sub ject much study and In his lecture wfll discuss the different systems of street improvements and give his views on district assessment for this character of city work. City officials, bankers, real estate owners and push clubs are expected to be present in large numbers, the Realty Board feeling that the lecture is timely and the lecturer more than ordinarily well equipped to present the subject clearly and exhaustively. STATES ATTORNEY McCOURT, CALLING TOO HICH . FDR ANY LICENSE Mrs. E. C. Pears Found Not to Be Violating Ordinance, as Charged. REV. GREEN LOVE ON STAND Testifies as to High Character of the Defendant's Occult Powers and Of- fers Clinching Argument In Support of the Theories. Mrs. Ev C. Pears, ordained minister of the American Spiritual Society, lecturer on spiritualism and exponent of soul tel epathy, was subject to the ordeal of trial in the Municipal Court yesterday fore noon, .on a mundane charge of practicing without a license. Although Mrs. Pears explained her Identity and denied she was one of the horde of faking mind readers and trance mediums do7 being prose cuted for practicing without a license, she was required to produce witnesses to establish the truth of her allegations in that regard. In this she easily succeeded and the case was dismissed with the pro found apology of the license department representative who had her arrested. The officer could hardly be blamed for making the complaint, however, as Mrs. Pears had placed a metal plate on the door of her residence bearing the in scription, "Mrs. E. C. Pears, Medium." Under the law all mediums who accept money for their services must pay licenses of $13 every three months. Mrs. Pears established that the only money she receives is in the form of contribu tions at Sunday services and this all goes to the payment of hall rent, she said. i Biblical Quotations Used. - :BIblical quotations and ethical defla tions replaced the usual strident argu ment of Police Court lawyers and the trial partook more of the nature of a revival meeting than of a crimllal trial. Rev. H. D. Barrett, of the First Spirit ual Society and Mrs. Pears were wit nesses In the case, while the courtroom was crowded by friends of the woman. While 'Mrs. Pears succeeded In estab lishing to the satisfaction of Judge Cam eron that she has not been engaged in trance medium operations as a means of a livelihood, it Is doubtful If she found among the court attaches any converts to her extravagant beliefs concerning her own supernatural powers. She asserted a mysterious power to heal the sick and said she could converse freely with the dead. Mr. Barrett was the first to take the stand as an expert on spiritualism. He said he had known Mrs. Fears as a re ligious worker who had done much good and he was sure she had never charged a fee for spiritual consolation or for her work as a medium. "What do you understand by the term medium?" City Prosecutor Tomlinson in quired. "Soul Telepathy" Brought In. "A person who is capable of soul tel epathy," said the wltnessi "But isn't that all a faker" "I say with all solemnity and even as I believe in my God, that I believe In communion between the seen and the un seen," said Barrett, with much feeling and many gestures. Mrs. Fears was then called. She said that she gives most of her energy and attention to spiritualism, although She is interested in a mining invention as a side line. "I have a hall," she said, "and there I teach the Bible, give ethical and spirit ual aid to people who are in "need of It and try to help people generally to a higher and better life. I charge no fee. Yes, I accept contributions. I also heal the sick, but I make no charge for that. I am doing it continually, but not so much of late on account of ill health." This seemingly ambiguous explanation about healing the sicK until hindered by ill health brought a smile from the score of sceptics and scoffers in the courtroom, but Mrs. Pears suickly gave a further explanation. . Mysterious Power of Healing. "I heal by a mysterious power which was given me at birth," she said. "Even as a little girl I had strange power of healing. But I find that throwing oft disease from my patients is a strain which breaks me down. I cure heart disease, consumption, rheumatism and other ailments of that kind. "Well, how do you transmit messages from the living to -the dead, and vice WHO ARE INVESTIGATING THE C1 - w? ir iki' unto-? 1 1 Wir-4f.n .a; -aay Iv 1 . S . f" nil m - ST V v to isr ... in vcv jc s That's what's doing here these days smashing prices. June 1st we add the adjoining store, which will require extensive alterations. Our stock, of merchandise must be gotten out of the way. Help us move the goods and benefit by our ENLARGEMENT SALE Men's $20 Suits $13.35 Men's $15 Suits ..$8.65 Youths' $10 Suits $5.85 Boys' $4.00 Suits $2.35 $3.00 Fancy Vests $1.45 $1.50 Straw Hats. . .85 These are a few of the good things now displayed in our windows. There are many more. Come, see the crowd of pleased buyers and get your share. 0 LI0M Cloth i no- Co GuS KuhnProp' 166-168 THIRD STREET versa?" Inquired Lawyer i McCann, her legal representative. "I will not attempt to explain that," she replied. "None of you would under stand if I did." Rev. Green Love, being among those in attendance at the session, was called to testify as to the possible truth or falpity of Mrs. Pears' professions. "Yes, there is no doubt as - to her power," he said. "I have seen her won derful powers with my own eyes. She has healed the sick and done good In many places. She is not one of these mediums who; take money. I It wasn't for the unseen spiritual power there are many things which could not be ex plained," pursued Rev. Green Love. Rev. Green Love Testifies. "For instance, recall when the Kazarine was on the cross he turned to the thief or supposed thief, by his side, and said: This day shalt thou be with me in Para dise.' He read the man's heart and knew he was not a thief, for a thief could not enter the Kingdom of Heaven. How else could he have known except by the spiritual power?" ' Rev. Green looked about as If In wonder that his argument didn't cinch the matter and terminate the proceedings immediate ly. No other witnesses being offered, the case was closed and the court said that he didn't believe any infraction of the law was intended, although by having the metal plate on her door announcing her self to be a medium, Mrs. Pears was a technical law violator. It was suggested that she either remove this plate or se cure a license. "I have the sign there merely for the guidance of my friends, and since I UMATILLA LAND FRAUDS. llli V a x$2sy w w t $10, Panama Hats $5.00 $3.50 Shoes $2.85 $3.00 Trousers ...$1.85. $1.50 Shirts 85 $1.00 Underwear . . . 75 50c Neckwear 25 - do not intend to charge for my services, I will not take out a license, but will remove the sign," said Mrs. Pears, and the case ended. LOVE SURET0 FIND WAY Girl Has So Parents to Give Con sent, Bridegroom Hires Guardian. Caroline A. Herman is only 16 years old. Her mother Is not living, and her father is in the asylum. She was in love with B. L. Van Hooser, and he had asked her to marry him. She consented, but the Benton County Clerk would not Issue the marriage license, though the girl's elder sister gave her consent. The couple began to cast about for a solu tion of the problem. Van Hoosen decided to consult Attorney H. W. Strong. They took the matter into the County Court, and Strong was appointed Miss Hurman's guardian, with bond fixed at $50. Van Hoosen paid the bond, and Strong in turn gave his con sent to the girl's marriage. The delayed but happy wedding took place yesterday afternoon. Signs Oklahoma Tax Bills. GUTHRIE, Okla., May 26. The Gover nor today signed three important bills, one providing for a gross production tax on all profits and products of corpora tions exercising the right of eminent do main, one providing for en Inheritance tax and one providing for a graduated land tax. . - m 3 m m