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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 6, 1910)
THE MORNING 6REGONIAN, THURSDAY, JANUARY 6, 1910. HERMAN N TRIAL WILL OPEN TODAY Attorneys in Case Suspend All Supposed Hostilities. STIPULATION TO BE FILED Great Expense Involved in Bringing Witnesses vMere, so Prosecutor Heney Allows Signed Testi mony to Be Kntered. Hostilities wen suspended yester day in the camps of the atorneys con cerned In the trial of Binger Hermann, charped with being a party to a. con spiracy to defraud the United States of certain Oregon lands. A. S. Worthing'ton. chief counsel for the defense, called upon Francis J. Heney in the morning and submitted a proposition calling for the filing of a stipulation for the admission of cer tain evidence from the record adduced at the hearing- of the same defendant in .Washington. At that time the defendant was. charged with having destroyed cer tain records of the land office before he retired from the office of Commis sioner. The letter books which could not he found are alleged to have had a bearing on the conspiracy charge to be aired In the weeks which follow January 10. The books were press copies of the private correspondence of the Com missioner of the General Land Office, but it is set out that many of the communications were addressed to Forest Superintendent S. B. Ormsby, ex-United States Attorney Mays, and others. Too Great Expense. Owing to the groat expense of bringing witnesses from Washington to testify to the same things in behalf of Mr. Hermann at the approaching trial, it Is estfpected by counsel for the defense that Mr. Heney will agree to the filing of the sitpulation. The record of the Washington case arrived yesterday and comprised eipht large packages of printed books. The attor neys on both sides were busy yester day examining the matters printed. Another reason for the stipulation is that some of the witnesses wanted are members "of Congress and could not be summoned from their duties while that body is in- session. Others are connected with the various depart ments of the Government and cannot well secure leaves of absence at this time. The jury for the trial of Hermann will be drawn this morning in open court. It is probable that both sides .will avoid the employment of private" de tertives to look up the history and connections of the jurymen, as has 'been done in former trials of land fraud cases. Detective Burns, who as sisted Special Prosecutor Heney in former cases, has not yet put in an ap pearance., "1 do not anticipate any great diffi culty in securing a trial jury for this case," said Mr. Heney yesterday. "'It should not require more than a week. These cases are not similar to those whirh were tried in- San Francisco, where the greatest effort was made to lack the jury box." , Asked how long he would remain in Oregon, the special prosecutor for the Government said that the matter wa Indefinite. Heney CSiven Full Charge). "The Attorney-General has placed aril the fraud cases in my hands with In ctructions to dispose of them as my judgment shall indicate. I have not determined what I shall do in reference to them." A. S. Worthlngton, associated with John M. Oearin for the defense of the 7ouglas County statesman, came Into National prominence as attorney for Senator Reed Smoot, of Utah. After the election of the Senator from Utah, an effort was made to have the Senate unseat him because he is one of the 13 apostles of the Mormon Church. "I came out to Salt Lake to take evidence in behalf of Senator Smoot," said Mr. Worthington yesterday, "but am now paying my first visit to the .Pacific Coast. I have been much Im pressed with the -State of Oregon and the city of Portland." Mr. Worthington Is a. veteran of the Civil War, left a leg on Kenesaw Mountain when the Union troops as sailed that stronghold, and after the war was over went to the city of Wash ington and was employed in the War Department under Secretary Stanton. Ho studied law while In that depart ment and has resided in the National Capital since that date. months he has .spent away from Port land, Mr. Andrews has visited Chicago, his old home in St. Louts, the. City of New York, and many of the Cities of lesser Importance. "The chief topic of conversation throughout the East since I have been there is the Northwest' -said Mr. An drews, at the Hotel Portland yesterday morning." In St. Louis the - bankers brushed the cobwebs from their brains and wanted to know something of the volume of business passing through the Portland clearing-house. They are as keen a set of business men as can be found anywhere in the United States, but oh. Lord! how slow they have become. They are satisfied with conditions as they find them in a town which has set tled down to a prosaic existence. "The news of the conditions in the Northwest has percolated through every nook and cranny of that country. Adver tising matter for Oregon is prominently displayed in many places, and everywhere I went I was swamped with Inquiries as soon as they understood I was from Ore gon. I predict that with the advent of Spring this city and the tate of Oregon will see the largest influx of landseekers which ever came to the state In a single year. "Business conditions appeared to be very slow when I first went back to the East, after an absence of two years. But, as a matter of fact, they are con tent in that country with a much small er proft for the year's business than would satisfy the Western business man. "During the short time I have been away Portland has changed the looks of things around the retail district. It is delightful to observe the improvement and note the new skyscrapers going up." 2 KILLED, 5 HURT IN TRAIN GRASH Disabled Stock Special Waits, Freight Engine Rams Caboose. r. CENSUS TIME IS SHORT ENUMERATOR APPLICANTS WILL HAVE UNTIL JANUARY 25. TITLE CANCELLATIONS SOUGHT "Government Alleges Two Patent Holders Acted Fraudulently. Another chapter In the history of Lane County land -frauds was begun yesterday In the United State Court, with the filing of two Auils for the. cancellation of titles acquired on proofs alleged to be fraudu lent. In one caae Charles P. Whitney, the jwoprletor of a hotel at Aberdeen. Wash., Is made the defendant, and in the other fuit United ta.t-e9 Attorney John Me Court names Harry Lewis, a resident of Josephine County. In November, 1000, Charles P. "Whitney Is alleged to have appeared at the land office in Jtoseburg and filed upon a quarter section of tlrr.ber land. In May, 1SH12. he commuted the entry by the pay ment of H0O in cash and received the patent. It Is eet out that Whitney never resided upon the land at all, that hi family was at all times in Aberdeen and that he failed to make the Improvements required. The final proofs were made be fore Marie L. Ware, well known for her connection with the Filter and McKinley cases. Harry Lewis is charned with fillnK on lt acres of tlniJoer land In May, 1903, and submitting his fhuU. proofs In Octo ber. 1908, John R. Harvey. John Robblne, I L. JeweJl and Thomas talvln. residents of Orants Pass and O-aJice, were named as witnesses for Lewis. The District Attorney alleKes that Lewis never at any time made his home upon the land, but that lie resided with his family at the ranch of Charles Sanders. In the" final proofs submitted to Commissioner James Moss the defendant is said to have de posed that 16 acres were in alfalfa, that he had erected a log house and two large barns, and that he had planted an orchard. EAST ASKS JB0UT OREGON Returning Traveler Predicts Vast Influx of Homeseekers. G. R. Andrews, a Portland business , man, returned yesterday from an ex tended, W to tha East, fhjrlog Uva tour Then Papers Will Bo Forwarded to Washington Women May Be Employed in the Count. All applicants for the position of enumerator for the coming National census must be filed before January 25. Between that date and February 5, su pervisors of the various districts will send out cards, notifying the applicants where they must report to undergo the tests which will determine who will be appointed. The census is to be taken by 67.000 enumerators scattered over the entire country. The enumerators will be under the direction of the supervisors of their respective districts. Oregon has been divided into two dis tricts, with, the following supervisors: First district, Robert J. Hendricks, of Salem; second district, Seneca C. Beach, of Portland. Supervisors as follows have been ap pointed for Washington: First district, Robert W. Hill. Seattle, King County; second district, Guy E. Kelly, Tacoma. Pierce County; third district. Arthur M. Storch. Spokane, Spokane County. "The simple test which candidates for enumerators' places will undergo Febru ary 5 does not take away the .super visors' right under the census law to designate suitable persons for such posi tions." said Supervisor of Census Beach at his office yesterday. "It Is designed to aid the supervisors in the exercise or that discretion and to enable the Census Director intelligently to use the power of approval of the supervisors' designa tions conferred upon him by law. "It Is very well understood that Presi dent Taft. Secretary Nagel, and Censur Director Durand all hold the supervisor responsible for the enumeration. There is no doubt, therefore, that our first and most important duty is the selection of honest, capable and active persons to make the count. - "The census will be-taken, not by the Census Bureau officers or the supervisors, but by the enumerators. They are the ones who come in contact with the peo ple and get the facts. Unless- every enumerator does his whole and proper duty there can not be a correct census. There cannot be anything of greater sci entific value to this country -than accur ate statistics as the basis of a study of the existing conditions regarding our population, agriculture, manufactures, and mines and quarries. "Kll persons, unless specificafly dis qualified, are entitled to apply to take the test. Only those under 18 years of age and over 70, and those who have not become citizens of the United States, are barred. Otherwise, all persons, regard less of sex and political affiliations, are eligible. It is left to my judgment whether it is wise to appoint women In my district. They can do the work, I have no doubt, especially in certain parts of the district. There were a good many employed all over the country in the 12th census. "I am given until February 22 to rate the papers in a very simple way, and to gain an idea of the qualifications of those rated as having passed. Next I will for ward the papers of the successful candi dates, with 'my recommendations or designations, to the Census Director. He will. If satisfied that suitable persons have been selected, give his consent to their appointment, and they will be com missioned. The middle or latter part of March should see everything settled, and the selected and commissioned enumera tors will be sent more circulars and books of instructions relative to the interpre tation of meaning of the questions on the two schedules. "April 15 the census army will move forward tn the enumeration. STOVE BROKEN, CAR BURNS Wreck Occurs Near Casctde Locks on O. R. & X. T. H. Carson, X'nion Meat Co. Bayer, and Unknown Man Are Dead. I T. H. Carson, Cornett, Mont., rep I reseii tative of Union Meat Company. r Unknown man, Dell, Mont., In J cbarga of stock. INJURED. T, B. Moore, stockman. Baker City. leg hurt. M. McLean, stockman, Mauch Chunk, Pa., arm hurt and face burned. George D. Hall, stockman, Tacoma, face lacerated. Bert Halllman. brakeman, The Dalles, ankle fractured. Guy Hanlett, stockman, Baker City ankle fractured. WILLIAMSON TO GIVE TALK Horticulture Secretary Will Discuss Apple Culture in State. H. M. Williamson, secretary of the State Board of Horticulture, has been secured by the Portland Apple-Growers Association to address the regular meet ing of that organization in the Yqung Men's Christian Association auditorium. Sixth and Taylor streets, next Saturday night at 8 o'clock. Mr. Williamson will speak on "The Apple Market and the Over-production Question." He has made a deep study of this question and will advance statistics to prove that the field in the Oregon apple industry is practic ally unlimited. As this problem is of most vital import ance to orchardists, it is expected that the attendance Saturday night will be even larger than at previous meetings ot the association. This will be the first meeting since before the holidays, the or ganization .having taken temporary ad journment because its regular dates of pieeting fell on Christmas and New year's day. Professor Charles E. Bradley, of the Oregon Agricultural College, was to have spoken at the meeting this week, but will not be able to attend. He will, how ever, be the speaker at the following meeting. At the session next Saturday night there will be an open discussion of the question of production as related to markets, present and prospective, and it is expected that much valuable data will be brought out. Chamberlain s Cough Remedy never disappoints those who use it . for ob stinate coughts. colds and irritations of the throat and lungs. It stands un rivalled ns a remedy for all throat and lung diseases. Sold by all dealers. Morgan & Robb. 250 Stark street, can I sell your real estate Cor you. In a rear-end collision of freight trains on the O. R. & N. early yesterday morn ing, three miles east of Cascade Locks, two men were killed and five were In jured. All of the Injured are in St. Vin cent's Hospital and "are expected to re cover. The trains were special and both west bound. . The forward train, No. 300, as a time freight and stock train and the other was loaded with general freight. Both men killed and all the injured, except one, Bert Halllman, a, brakeman, were in the caboose of the forward train, while Halllman was on the second train. No. 197. The men in the caboose were asleep when the crash came. Engine Pipes Frozen. Superintendent Buckley and Division Superintendent Bollons went to the scene of the wreck early yesterday morning to make an investigation into the causes, and had not returned to Portland late last night. From the story of the train men it appears that the trains were in the same block and that the water pipes leading from the tank to the engine of the forward train froze or became clogged. Steam suddenly went down and the train was slowed to permit a flag man to stop the second extra. The sec ond train was following so closely, how ever, that it crashed into the stock train before the danger signal could be given. The collision shattered the cabopse in which the men, who were in charge of the stock on the train, were riding, and the coal stove used for heating was broken and car set on fire. T. H-, Car son, a stock buyer for the Union Meat Company, whose home Is in Cornet, Mont., was crushed so badly that he died a few hours later. Mr. Carson was conducting six carloads of stock from Kearney, Neb., to Portland. Unknown Also Killed. The other man killed was picked up en route by W. H. Matlock, of Portland, a stockman, who was uninjured, to as sist him In caring for the shipment Mr. Matlock had on the train. Mr. Matlock does not 'know the name of his employe and the railway officials have tele graphed to Dell, Mont., where it Is said he is known, for Identification, but have received no reply. He apparently be longed to the floating class. Whether the unknown man met his death by being crushed or was burned is not known. M. McLean, of Mauch Chunk, Pa., nar rowly, escaped being Incinerated. His foot was caught between timbers and it seemed for a while that in spite of the efforts of the rescuing trainmen and the uninjured stockmen, McLean would be roasted slowly to death. The flames had drawn so near him that one ar and part of his face were severely burned, when McLean thought of a pocket knife in his possession, and by cutting off the sole and heel of his shoe managed to extricate his foot and escape. His leg was crushed but not seriously. Injured Rushed Here. The special train from the scene of the wreck, bearing the injured men, reached Portland at 7:20 o'clock in the morning. Shepard and Hoffman's Red Cross ambulances were at the depot in Waiting and conveyed them to St. Vin cent's Hospital, where Ir. Prank " M. Taylor was in readiness to attend them. Carson, one of the stockmen, died on the way to Portland "and the body was taken in charge by Deputy Coroner Dun ning. . Halliman, the injured brakeman, was riding In the engine of the rear train. Ho was Jhrown violently to the floor of the cab.f He was brought here on pas senger train No. 2, which arrived at 10:30 o'clock. McLean, whose home is said to be in Mauch Chunk, Pa., was em ployed by Carson, the stockman killed. He had been engaged by Carson to as sist in bringing six carloads- of cattle from Kearney, Neb., to Portland. Hall's home is in Tacoma. Moore lives in Baker i'ity. Or., and Hanlett is from Stbnte cello, Minn., tout was en . route from Weiser. Idaho, to Portland. All are stockmen. Carson, it is believed, was married; and was a member of the Oddfellows. His body is being held at the undertaking establishment of Dunning, McHntee & G-ilbaugh, pending instructions from the Coroner at Hood River, Or., who is in vestigating the wreck. 5 THIEVES GET WATCHES One Capture Results, and "Victim Refuses to Prosecute. Thieves with a preference for watches have been operating in Portland the past 48 hours. Five such thefts were reported to Captain of Detectives Moore yesterday. M. Doyle, janitor of the Portland Trust Company, corner of Third and Oak streets, was robbed and the thief was caught. He gave the name of John Dotterwick. Doyle refused to prosecute and .the man is being held as a vagrant. Dotterwick had pawned the watchind Detectives Endlcott and Sloan arrested him. Other victims were A. M. Grilley, physical instructor of the X. M. C. A.: Mrs. C. Cain. 615 First street: 3eorge White, 433 Sixth street; M. Blackman, of the Pacific Engineering Company. The theft of the T. M. C. A. build ing was the eishth in the past two weeks. The rooms of Charles E. Evans, who Uvea &t tha Gilbert, corner oi Third.. -AT- 225 Morrison St. Between 1st and 2d RAINCOATS " 1 11 1 " " ... .... . AT- 225 Morrison St Between 1st and 2d Our First AnmialClearanceSa RAINCOATS' . f iJMl an the Actual Cost of Materials Fearlessly Sacrificed at Less Th Beginning This Morning at 8 o' Clock, These Interesting Money-Saving Bargains Ladies' Coats, Sizes 32 to 44 Ladies' $12.50 to $15 Rubberized Coats and Cravenettes, waterproof, suitable for traveling and stormy weather. Till Saturday OP Qn night $7.40 and .OuidU Ladies' $15 to $18 Silk Rubberized Mohairs, every conceivable color and style effect, in cluding number of fine double-breasted Crav enettes. Till Saturday night only ' CO 00 at..... t wOiJU Ladies' $20.00 to $25.00 beautiful silk water-proof Coats, lined with pure Para rubber and deodorized; the seams are all cemented and vulcanized; greatest profusion of colors and style effects. (11 CD Till Saturday night at : ? I 0U Ladies' $30 to $45 very fine Silk "Waterproofs and imported and domestic Cravenettes; so different from all others. All new 1909-10 models. Till Saturday night at $15.60, $13.60 and S12.90 Ladies' imported Slip-ons, a limited number & 1 0 Qft only; $25 vals. at.d lUiDU Men's English Slip-ons, $20 and $2o values at $13.60 and . -I-J.V V A.X kJ y t- J V S12.60 Rubber Garments For Men and Women Boys' Rubber Coats, yellow drill S2.95 backs, snap buckles; $5 value at $8 Men's Tan Rubber Coats, double back, for hunting QM Qr OtiUU and fishing at. . Ladies' and men's Rubber Auto Shirt Coats, $10 values. Quantity limited at . . . S5.2Q About 70 boys' Rubber Coats,, sizes 4, 5, 6. To close P! Ff at 0 ,00 Girls' Storm Rubber Capes, with storm hoods. $4.00 values C"0 Ifl at OZiZU Men's Coats, Sizes 33 to 46 $12.50 to $15 Men's and Youths' Rainproof Cravenettes in neat ; gray and dark worsted cravenettes, silk Venetian lined. Till CC Qfl Saturday night only at $7.40 and. . $0iull 819,30 $20 Men's Genuine Priestley Cravenettes, silk Venetian lined, full 52 inches Ions:, hand-padded shoulders; a wonderful value. Till Saturday night only at $11.60 and. $25 to $30 Men 's Genuine Priestley and Kenyon combination Raincoats and Overcoats, with or without military collars. Till . 0 1 ) 0 fl Saturday night only at ChZiJU None better, $35 to $40 iron's perfect water proof Overcoats, in all colors; very best grade, in black Thibets, Viennas , etc. Till Pl M Off Saturday night only at $15.60 and l-TiDU Open Saturday Night Till lO o'clock OODYEA' RAINCOAT CO. 225 Morrison Street, Bet. 1st and 2d Mail orders will not be ac knowledged unless accompa nied by check or P. O. mon ey order. State bust and length measure. and Taylor streets, were entered by a burglar, who took a suitcase, revolver. set vi rmvia tiiia ciu luius, vuiucu at J50. Breakwater Waits for Daylight. The steamer Breakwater, whirli was scheduled to sail for Coos Bay ports at 8 o'clockvlaf?t night, did not leave her dock. Captain Macgenn deciding he would rather not buck the ice in the. Columbia River in darkness. Most of the 75 pas sengers remained on board over night and the Breakwater will get away at 6 A. M. today, reaching the first heavy ice at the mouth of the Willamette about daylight. 1 Deaths Only Half of Birth Number. VANCOUVER. Wash., Jan. 5. (Spe cial.) County Health Officer Dr. R. G. Black's records for 1109 show that there were 250 births, of which 130 were male and 120 female. The number of deaths was 126 and of these 54 were over 50 years of age. 39 were between 20 and 50 and 33 under 20. Alorgan & Rotb. 250 Stark street, write your contract 'bonds for you. Will The New Town in the DESCHUTES VALLEY The Future Metropolis of CENTRAL OREGON e- Br- rton i irvl rfZ KA1LUUA1 fcJ ( - ----- w i i ; i ii '. t , , :-y. ;: hi x. ; wvi.r sr t i Ct J lmttrissKJ y ykfInPAi n.TY ik ,zA t -'-- " - "fWJ t ' X. i J 2.1? 4s 13 i Opal City I PrlmvtM Electric Railway LOTS NOW ON THE MARKET PRICES $100 to $250 TERMS 10 CASH, $5 OR $10 PER MONTH Streets 80 Feet Wide, 15-Foot Afleys 1 y Yty y. Free Map of Oregon Showing railroad development in the Deschutes Valley and literature describing OPATi CITY.. Yon owe it to yourself to be informed on th opportunities for big money-making investmonts. AVRTTE OR CALL Fortunes will be reaped by shrewd investors who grasp opportunity quickly and buy property in the favored city site. Enthusiasm over the future of OPAX. CITY and the certainty of its superior location as the big city of the Deschutes country marks the report from all disinterested observ er who ace now returning from Central Oregon. Don 't miss this chance to make money. American Trust Co. 200 CHAMBER OF COMMERCE BUILDING. -