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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 29, 1911)
I TTTT: MnwVTXO OHEGONTAX. MONDAY, MAT 20, 1911. ROSEBURG SUYEB FOUND NOT GUILTY Roy McC!al!en Acquitted of Secor.d-Degree Murder in Killing Mahan. VICTIM'S THREATS COUNT THoosh Mortal Wonnd and Others Iipriv I"ce-lo-Ff forabil. Accused I ItcvhI I n structln Art Help. r.oSKHlT.'l. Or. May 2 (5pcll.) After a tn.U It:n r.ear;jr four day. Kir H":i'.n. w.-.o nr ml kliil lt A. itaJ.an. In itiia city ta nla-ht rf March IJ. was acq airted or a Jury In t.-.a b'.ata Circuit Court beta of tha thir ot murder In tt-.a scconj da-ftr"- Tha Jury ws-a cut four rM ona-ha'.f hours, n.lrc lis ver.ltet at I 3 o'clock! funiav roorr.ln. wa;la tha acciaed man was asleep at tha boma of a ralatlva. I'jon blrjr d!sm;sse4 br t:;e court Ha:n hnk tjar'!. with tha Jurors an thanked them. T:i Jury took e.M ba.lota In all. tha first ona stan-lin seven to flva In favor of a verdict of not suMr. l'"P'..ar sentiment ! Slrl1d on tha ver.-ii.-t. The 1'iipirMlon If that Judira roks'a lr.trur:in t. tha J'yr wra i. n that a verdict of acqulttai was to I expe-tej M..n was ki'.ted ivir UUIan Sprl-rh-r. a dinrcfd noxia. with whom )jhm was Infatuated. M-Cla:len and t" woman wrr arcoste.1 by Mahan as th-r were returrwn from a theatrleaj prf rh.an.- and Mahan. so MCia:'.en f!" l I. trid to draw a pistol on him. M C.a'.ien s:.ot Mahan foir time, ona i'f tr.a bullets entorlr.ir Mahan s back ar.l caa,;n Instant dvath. The li.atlon of the mortal wound. r.vipd the fact that none of tha ct.T three wounti, could hava bran t-ir.t-tel l a f are-to-fara battle. w'ts::d ei.nsl'leraMy against McClal tm. I'd Mahan s r-ervn. hosreer. a K'm was found and ha had made many l-rritj av!nt M CIio Hf"- NVUh-r M-t;iaa nor M'.sa Spflchrr. rvr whom M.hm waj kt.le.1. would i i;k r.ar line tiie deposition of tha . a ... l i.tftV. v . n '! wr-ether M.Olrtlan In u. t marrr Mis S:eti-her. A:tir li. v W V. i'ardae.I. who represented :-t'.an. sild: -You run say that M--'- 'an never had any Intention of r jrr)!r. Miss Spirh"r. and was not In p.r roruiuny on mora than four occa ai"es." Mr.. M.Cord. at sister of Ilahan. thankrd tha District Attorney and hla n,rv-iit. nrinsfl today. derlarinc that their pr.'.rcution of McClellan wa ap-prerr-vte-l. Jl.-t'l. -ran will resume Ma duties with t'i roninirn-lal Ab.tract Company to morriiw ninrrlnc. CODLING MOTH IS MENACE Wklta Walla Vallcjr Fruit Crop Will IW- Crratly lirdncrd. WAI.U WAI.H, Wah, May :. S.-UI fo"i:tn rtiotU ar breln ulna to hatch and District Fruit In spector C. I- W hltnry ha. Issurd no tica that th second upraylmc for thla itbi should ha d.T. ic thia vulnity tirtvn Jur.t I and June 10. The cod linc moth caarrs. In which the broods are brir.it wa'chrd this year, show that the hatch Is Just rcadv and 'he sprmy- Inic niu.t ba t.rjriii trts weak. According: to Mr. Whitney, who re cently returned from Do'tn and other Touciet Valley po'r.t. the fruit crop of that pectiiin will be from 51 to i per cent of K't year's crop- This con dition, he n.ild. Is not due to frosts, but to the f ict fhr.t tha tree orerboro last year. Mr. Whitney explained that in some sections of tha valiey where t'.e crop wvj not so heavy U year that tha trees are loaded and the fnill will reilre a irrrat deal of thlnnln. It Is reported that ronton orchard witl hr only 5 per cent of last year's crop this season. BAKER WANTS MORE ROOM .Ww I'r.lrral llulldina Almod Too mall to lloa All. RAKKK. Or. 51 -A-Spevia! Tiker's now Kede-rai huiUit-e recentjr rornnleted Is alrea.'.v tJO imali for the r.r.n of t e ..ran. -re of the liovern ni'nt riri. e !ocate4 In this cl:y. As first plan red the bul'dlnc was l.housht t. be a U.ii.ate t r a. I r.ee.'.. for Some t ine ! e.-ne. hut tee growth of t.ie t ry s population and the Inc-eaaed ani.u.nt it n.a.l ratt.-r kjan.l.ej by the potiihc ha maJe the r.eeus of that 0. pa-tm-vtt o areat that other oltloea. wi.l-h were t be .o. at-1 In the new ttit.'.r.c. r.nd r.o room tere. At tie me-rne of ti e board of direc tors of the CoiTimercl.il Club last we-k tt was s'iKet.-d trat an appeal be made t. t' tiovernment t hae the bullulni rn.ared. but It M the, opinion of tea ipr -uv that 'ich a move at this r.ma wo.'-.t tw premature. The new bul'oUrs; 1. such an improvement that tha pecre. are iie;ted f.jr the present. OREGON PORTS INSPECTED Cnlitnrl Itiddlo Harbor Frasibks rr ;ranls Pa. Or. May :. Ppe- cia..- tolonel John A. llldlle. at tache of the 1'niicd States Army, on a tour of Inspection of roast harbors, ar rived here t ' lay with t: associate and rrr-sertallves .f the Crescent t'lty Commercial Club. Coioncl Etdd ha nsth-red mach Information con--ernlrc Crescent City and Yoiy Ihjrt harbors. t!.e prospective out. eta for liarrlman and Hill roads to the Coast. Jl believes that a stood harbor can be made on tue coast near Crants Tass. hut It i:i take local assistance. , ror.ltrsr to a precedent established by for- res., Te pr- ect would he very feaelbie were railroad to the coast assured. Hi associates left on the evening train for Jhirt and. Colonel tl'.d.e will re turn to San Francisco tomorrow. An Informal smoker was tendered th vis itors In th ciubrooma toplsht. BAKER PA VI KG WORRIES Hrlck Company Would Futrr Into Competition With TJltuIlthlr. PAKT.R. Or . May :. ( S"M-cl il.) A IOa y..pir-y D(Uo4 Vt i.lalX U. pavlnar field In thla city In competition with th Warren Construction Company, according to an annonucement made yes terday Tha Warren Company. uln bltultthlc, hat been paving In Baker for th past three years, and has dona ail tr work here. To Baker Klr Brick Company, which baa rcent:y been In corporated, now contempiatea petition ing the residents of some of the streets now up for paving, for which th pett tlona are now being circulated, to with hold signing ontll later In the Bummer, and then sign up. to par with vitrified brick, one of tha product to b manu factured by th local company. Their argument la the patronage of home Industry, bat the opinion of the greater number of cltlxena who hav been Interviewed I that a city tha alx of fVaker should hav what paving ther I of uniform material. On of th mem bers of the brick company la M. F. Ben nett, for many years m Councilman, until th city adopted th commission form of government, and be la ona of th prime mover In th effort to hava th paving cone r n chiimii. i aiwava been an advocate of paring, but t t . hu the ..1 rctuee ,v eia o I r -1 II TKRIMrAOEMOF KHDOH AT Sll.s KHTOX I MATIVE J US" HIJJUlKi. H. C. Case. SILVERTON'. Or May JV espe cial.) H. O. Caa. rcntiy lect e.l Superintendent of Schools In Filverton. waa born In Missouri, and Is a gradual of three of th best achoola In that atate. Ills father was a cousin of th lat Ftuthford li. Hayes. His mother people, tli Terhunes. cam from Missouri and located In the Wil lamette Valley In the early fifties. Mr. Case is a member of th Ma sonic. Oddfellowa and Cnlchta of Pythlns lodses. He waa admitted to the bar In hla native state sev eral year ago. but aoon aban doned that profession to Ink up teaching, lie haa filled the posi tions of principal and city super intendent of achota fur the paat 1$ years, and holds stats paper In Missouri. Washington and Or jron. He haa a wife and flv children. Warren Company on Dewey avenue, one of the principal street now up for pav ing and on whtcn he owns much prop erty. fiilOAlS 10 BE FILED M. O. COLLINS WILL ASK LAW OX REFFKEXni'M. raw Brings l"p Question of Vaca tion of Adams and Oregon Streets to Railroad. SALJiM. Or., May (Special.) Prayer for a peremptory writ of man damus will b Bled In the Suprem Court In the first Instance, probably tomorrow through Attorney 8. T. llichardson by M. O. Colltna. of Port land, against City Auditor Barbur. Mandamus will be aaked to compel the City Auditor to plac on the elec tion ballot to be voted on June i the referendum petition on ordinance SO. 0. providing for th vacation of parts of Adams aud Oregon streets. It will be act out in th prayer of the petitioners that the referendum was tiled with over 4000 legal and quai, tried voters oa March It. 151. and at the same time was filed with the de fendant In thl suit a Auditor. The ordinance which the petitioners would refer to th people waa passed by the Council March . 110. It la art out In the complaint that the officer of Portland, authorised to bring suits, have refused to permit Col lins to brlr.t action as relator of the city and for this reason tha question la brought directly Into the Supreme Court. This Is the tirst time that an 4Uterr.pt haa been made to secure a writ of manuamua under the new Ju diciary aniendment- A derision was rendered In the Cir cuit Court of Multnomah County to th effect t'.at th referendum does not apply to the rout.ne business of tha City Counrll, several weeks ago when application waa made for an In junction which would prevent the O.-W. It. a N. Company from proceeding with the construction of the abutmeuls for the company new ateol bridge on the ground formerly occupied by Adama and Orepon streets pending the out come of the vote of the people on the referendum petition. Tne railroad com pany demurred and the demurrer was sustained. M. O. Collins, one of the referendum petitioners, then appealed to th Su preme Court, wlflch. he says, has prom ised to render a decision Tuesday. Jn the meantime, however. City Auditor Barbur. relying on the Circuit Court ruling, refused to place the referendum on the ballot. Tha application for a wrtt of mamtamtie to tha Supreme Court Is made In the hope that there may still be time to eaten the ballota before they are printed. Doubt has been expreased as to the right of the court to Issue the writ under the circumstance and application will, therefore. Mr. Collin said, b mad to th Circuit Court to morrow for a writ. nervals Koad Trouble Over. OKRVAIS. Or- May S--The, pro posed county road between Oervate and Mount Angel that has been held up for the last days by Leroy Es son. a property owner along th road, will b granted by th Ccunty Court June 7. When road viewer and ur veyors took a course that cut oft a small corner of his farm Mr. Esson started a suit for damage which wa th nuis of th CO days' delay. Th trouble came to an end when Mr. Komp. of Mount Angel, agreed to rake all the land cut from the Ksson farm at $10 an acre- Eaaon'a auit waa then withdrawn. Work on the new road will begin at one and construction of a Dcvc bridge over the rudding JUver s, also be undertaken. ! ! I a RICH RELICS POUND Oregon City Workmen Uncover Indian Table and Skulls. CROWD TAKES SOUVENIRS Carlo Seeker Carry Away 3Iany of Best Specimens, but Others v Will Be Exhibited. Dis cover,' I Valuable. t rinrfifiN- riTT. Or . May 21. Sp clD When excavating on the Busch nrastrtv at Twelfth and Water atreeta vmiiMiv. workmen unearthed five skeletons of Indian and a larg iton tttbl used by them. One of the In dian had evidently been cJped. for there wars ruts In the ikuli OH bOUl sides and In the front of the forehead. Many relic of Indian wer also rouna. Including two large elk teeth. Th teeth of th man who had been scalped Indicated that he was not more than St years old when he died. The skeleton and relic wer found under a maple tree on a bluff over looking the Willamette River, and It Is ht-lleved that It was the alt of an Indinn village. Soon after the discov ery waa made curto eekere put In ap pearance, and aeveral of the best speci mens were taken away. vi ti . , -i. .n..iJ.rt . . a alnTta table the tno.t valuable of all the relics. .It Is three feet long ann two icei wiae. The top la smooth, and In the sides are many nicks. The table Is now resting on the river bank, but Mr. Buecb In tend to place It on exhibition. Th teeth of the Indian who la thought to hava been scalped are pur writ and In perfect condition. Several of th skclla crumbled after being ex posed to tne air a short time. ROBBER SHOT IN DUEL Man Believed to Be B let-ding- to Heath In Hun tics. SPOKANE. Wash.. May IS. (Spe cial.) Hidden In the bushes near Cllne. a Lrpall station on the Northern Pa cific between Tyler and Sprague. an unknor-n thief la bleeding to death, the result of several shots with Section Foreman V.-. C. Wood, at Cllne. last evening. W hen Wood found his house robbed the third time In 30 days, he started In purauit of two men he saw a short distance away carrying tne articles atoler from his house. When pear, one of them said: "Hello, there comes a hunter. We'll turn loose on him." With that they began flrlnir. The fire was answered by Wood with bis rifle. After a few shots Wood saw one of them fall and. believing he had killed him. Wood vent to Sprague and gave himself up. With the officers he re turned to the scene Immediately and found only a large pool of clotted blood. Officers are atlll scouring1 the region. Wallows to Have Good Water. WALLOWA. Or., May . Special.) KolloavlnR- the report of the city phy sician that there was possible contami nation of the city's water system from re fun from the Bear Creek Lumber Company's camp near the present In take of the system, the City Council secured the services of a surveyor and will extend the system 3300 feet up stream, establish a new Intake and se cure a preserve of 40 acres to prevent possible contamination In the future. The Improvement will be mnde at once. e-s Q Books and VelLtLa O Stationary r 1 THE NEW ENCYCLOPEDIA BRITANNICA Announced opposite now on exhibition in our special room for books in fine bindings Place your subscription with us MOW at publishers' advertised prices. Call today and look at the books. ills The i. K. GUI le-. 3d Alder sta Constipation Vanishes Forever Prompt Reliei--Pcrmannl Cora CARTER'S LITTLE UVER PILLS ae fan. Purely veget able act sard bat ennv oa tha Iresr. Stop after care tadw f reaoo naprcrsa the cotspjexjoa brighten Bweyes. Ssaail fill, SssaU lease. 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