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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 22, 1906)
ID THE SUNDAY OREGONIAN, PORTLAND, JULY 22, 1906. PROSECUTION CLOSED ITS CASE Testimony Against Four De fendants in Land-F-aud Case Is In. ' DEFENSE BEGINS MONDAY Confessions of Henry Miller and Frank Kincart Are Used Against Martin G. Hoge and Charles Nickell. With the completion of the testimony of Dr. Clive Major, of Placer,. Or., the Government rested its case at the ad journment hour yesterday afternoon, and at 9:30 o'clock tomorrow morning the defense in the case of the United States vs. Henry W. Miller, Frank E. Kincart, Martin G. Hoge and Charles Nlckeil, will commence the introduction of evidence to refute the contention of the prosecution. Miss Olive F. Major, the doctor's sis ter, was really the last witness, but her brother was recalled after she had tes- titled, and was on the stand at the final moment. Altogether the Government put on 14 witnesses yesterday as against 11 the day previously, making a total of 25 that have testified to the wrong-doing of the defendants since the inquiry began. A summary of the situation indicates that of those who have testified 15 filed on timber claims under the act of June 3. 1878. before Nickell, while he was a United States Commissioner at Medford: two filed before Commissioner Bilton, of the same place; three refused to bite; three were not approached, and the other two were Defendants Miller and Kincart, both of whom have pleaded guilty and their confessions have been utilized by the Government to convict the other two men. Testimony Against Nickell. Practically all of those who appeared before Nickell for the purpose of at testing affidavits connected him to a. greater or less extent with knowledge of the fraudulent character of the trans actions, although it does not appear that they were so positive in that respect as in the case of Hoge. who was not only declared to have become acquainted with the bogus nature of Miller and Kincart's operations, but is alleged to have in fluenced others to become dupes of the brace of swindlers. It is claimed also by the majority of those who attested their affidavits before Nickell that he advised them that it was not necessary for them to have had personal knowledge of the land at the date of entry thereof, while some assert ed that he neither read the affidavits to them or Inquired whether they had done so. and It is a fact that the form of affidavit used by him in connection with timber entries was printed in his own office, and does not conform with the regulations of the Land Department in several essential particulars. t Preyed on Lame, Halt and Blind. ' From the testimony adduced it is evident that Miller and Kincart did not stop at anything in their efforts to catch "suckers," as they called . them, and the lame, the hale and the blind wero not safe at their nefarious bands. They preyed upon the cupidi ty of man. knowing full well that to reach the goal of human avarice, man kind is prone to take chances with "rime. Thus the pair of crooks are known to have tempted the residents of Placer, Medford, Ashland and other small towns of Southern Oregon with a halt that had its inception In fraud and Its protection to its originators in the face that those who sought profit from the scheme did so with guilty knowledge that they were evad ing the laws relating to the acquisi tion of the public domain. By far the most interesting witness yesterday was Dr. Clive Major, of the little town of Placer, and it appeared to have been a case of "last, but not least," as there was never a moment ' when the physician-miner was on the stand that the proceedings became dull or unattractive. After narrating the story of his first acquaintance with Miller and Kincart, as already told by them. Dr. Major gave the court and jury a heart-rending acount of his subsequent adventures a long ways from home in the distant city of Med ford. where he went to file on the northwest quarter of section 10, town ship 41 south, range 3 west, Willamette Meridian. By a strange irony of fate he appeared before the United States Commissioner on the 13th of Septem ber. 1904, and this may account some what for the general hoodoo that fol lowed the transaction ever after. "I was a stranger in that part of the country and a sucker," he added, with a mournfulness that almost made the courthouse walls weep "Like a lot of suckers we went in and filed before Commissioner Bliton, and it must have been between midnight and 1 o'clock in the morning." continued the doctor. He was among the second "batch" described by Kincart, consist ing of Thomas J. Hill, Fred C Milton. William Devault and F.dith M. Butler, besides himself. A classification oc curred in relation to the various irroups of locators from Placer, the original ones, composed of Dr. Henry O. Williams, his wife, Lizzie Williams. Lafayette Land. Allen C. Irwin, his wife. Mollie Irwin. Miss Olive F. Major, the doctor's sister, and Noah W. Leabo, being referred to by Miller in his testimony as the "first batch." and the next crowd, designated by Kincart as the "second batch," Whether the seg regation affects the social status of Placer is not apparent from the testi mony. "About a week after we filed I had a talk with Nickell at the Nash Hotel, in Medford. It was my second trip there, and 1 went especially to see him. as a big row was brewing. By that time the people had commenced to discover the fraudulent character of the proposition, and were beginning to pronounce the whole thing a fake. Nickell did not seem to know anything about it, nor did he apear to care, either." Nickell Pecltned to Kefund. Miss Olive Major declared on the stand that Register Bridges, of the Koseburg ltnd Office, had pronounced the whole thing a fraud soon after they had filed. "I wrote to Nickell about it." she contin- ucd, "and so did Dr. Williams, telling him it was no good and demanding the return of the fees we paid him. but did not get them, Mr. Nickell writing a very insulting letter in reply, declining to refund." Those testifying yesterday besides Dr. Major and his sister were K F". Winkler, Mm. Lucy H Langley. her daughter. Miss Bertha Langley; Charles C. Doughty. Frank W. Riges. George Inlow. of Med ford; Adam Crawford and his wife. Mary 1, Crawford, of Walterville, Lane County; A. R- Grieve and his wife. Mrs. Fannie Grieve, and Isaac O. Miller, of Ashland, and Allen M. Irwin, of Placer. The latter was one of the "first bunch," and hts ex periences with the swindlers did not seem to have toned down his feelings to any great extent. 'We were suckers," he added, with con siderable warmth while giving his testi mony, "but we are not the only suckers in the country. Miller hit us pretty hard with his testimony, but he is a bigger sucker than any of us." Irwin claimed that it was his understanding that they were to sell the stumpage, and not the land. "In two days after I filed," said he, "I was satisfied it was a fraud, and advised my friends to keep out of it. The first thing that aroused my suspicions was the fact of their taking us down to Medford at night and swearing us. "I went to see Nickell and told him the whole thing was a fraud, and he of fered to return me one-half the amount I paid him for advertising the notices and filing the claims m the Land Office, but I declined to take it." CONCERT AT PARK TODAY City Band to Play Programme of Popular and Classic Numbers. . ' ) A special programme has been arranged for the music at the City Park this after noon toy the Park Band, under the direc tion of Charles L. Brown. The programme will begin at 2:30 P. M., and is as follows: Marc fa-' Stars and Stripe Forever" . Sousa Waltz "Tales From Vienna Woods". .Strauss Overture "William Tell" Rossini Caprice "La Lisonjera" Chaniina.de bcenee from "A Society Circus".. Klein Intermission. Morceau Characteristic "Panamerlcana" . . . Herbert Grand selection from "Carmen" Bizet Intermezzo "Cherry" . , Albert Descriptive "A Hunting: Scene" Request) Bucalosst Two-steD Fthinfrifan "Chicken Chowder" ......... ixiDun The following; new subscriptions have been made to the Park concert fund: Portland Lumber Company $25.00 H. Tannensee 25.00 Merchants' National Bank 25.00 Portland Cordage Company 20.00 Heywood Bros. & Wakefield Company 10.00 E. B. Col well ... 6.00 Nelson & Bmde 6.00 McAUen & McDonnell 6-00 F. S. Harmon & Co - 6.00 F. C. Stettler. - 5.00 Aldon Candy Company 5.00 Otto Schumann 5.00 E. V. Lamotte 5.00 Luckel, King & Cake 3.00 Henry Teal 2.50 J. C. Bayer - 2.50 Total $153.00 INTERRUPTS WIFE-BEATER Fire Chief Campbell Rescues Woman and Arrests Husband. Chief Campbell, of the Fire Department, acted the double role of rescuer and po liceman yesterday afternoon by arresting W. J. Mclntire and lodging him in the City Jail for beating his wife on the pub lic street. Mclntire, .who is twice the size of his wife, left the Scott Hotel with her by way of a back entrance. They commenced quarreling on the street and Mclntire struck her on the neck. A number of sidewalk loafers watched the performance but did not interfere. The Chief, who was driving near Seventh and Burnslde streets, saw the first blow struck by the man, but was at such a distance that he could not interfere. When Mclntire struck his wife the second and then the third time, the Chief hurried forward and commanded Mclntire to get in his wagon and be driven to the station. Mclntire denied at first that he had struck his wife, but when she openly ac cused him of brutality Mclntire quietly submitted and was driven to the station. He was locked up on a charge of fighting and will be made to appear in court to morrow. 'NEWSIES" SHOOT CHUTES Marqnam Theater Runway Is Put to a Good Use. " It is always the ingenious boy who Is thinking of something to while away the idle hours. Near the oorner of Alder and Sixth streets, where a great many newsboys congregate every afternoon between the hours of 2 and 3 o'clock, a temporary 'shoot the chutes' has been put into prac tical use by the youths. A chute built in between two build ings on Alder street, which was put up by the Marquam Theater for the purpose of easily loading and unload- ng scenery in drays, is confiscated every afternoon by the boys. Water is poured on the boards, which .ren ders them slippery. While one lad distributes the water the others "shoot the chutes" on pieces of boards, boxes or any old thing that comes handy. And they all have a good time even the fellow who throws the water for occasionally he makes an Intentional mistake and a soaking wet newsboy is the result. NEW ARRIVALS. New suits, new skirts, new coats, at Le Palais Royal, 375 Washington street. PROBABILITY THAT ANOTHER PIPE LINE WILL BIG RESERVOIR lit- Bull. Rum Pipe Line JLEMGTJ 29 TITLES MEAD WOFSfCS !I.ElViTIOr 7 OFT. Make - Soo The probability tha.t amother pipe rtfrtrict to agitate the question of secur Ivanboe, Woodstock. Anabel, Arleta, that 'there are now tnore than 11,000 peo ed. but there Is shortage in spite of the e two large pumps and a 10-Inch, supply 000 people. President Knee land, of the Mount revenue to the city for -water not less ervolr that -will be required be built on from Gresham to Mount Scott, without b all thl territory, including Arleta. A nab be voted a part of Portland, and will a creaeed probably to 15,000 or more. D.W.TARPLEY NO LI Land-Fraud Figure Weds Miss Mabel Pike, of Portland, at Vancouver. JUSTICE TIES THE KNOT Marie Ware McKlnley Matron of Honor, and George Sorenson Best Man Bridegroom Opens Champagne. At Vancouver, Wash., yesterday after noon, Dan W. Tarpley, one of the de fendants in the land-fraud cases, and who was convicted December 6, 1904, with S. 3NCFR BACHELOR MRS. MARIE WARE M'KINLEY llliiliiiililll .. w . V v,s . . JL WHO ACTED AS MATRON OF HOJJOB A. D. Puter, Horace G. McKinley. Frank H. Walgamot and Emma L. Watson for conspiracy to defraud the Government in connection with the famous township "11-7," was united in marriage to Miss Mabel Pike, of this city. Justice of the Peace John U. Harris, of the barracks city, performed the ceremony, which, was attended only by a few friends of the contracting parties. Mrs. Marie Ware-McKinley was matron of honor, and George Sorenson, also of. reputation in conection with land-fraud affairs, was best man. After the cere mony an impromptu banquet was indulged in at the Justice's chambers. In the course of which it is said that champagne cut an important figure. It is reported that the whole land-fraud crowd was present except S. A. D. Puter and Emma L. Wat son, who sent their regrets. Mrs. McKinley arrived from Eugene Wednesday night, and is now stopping at the Hotel Oregon. The Government intends to make her a star witness in the case against State Senator Franklin P. Mays, which Is set for trial next Tues day morning. Saves Life of Girl Swimmer. A rescue from drowning and a hard swim to shore was made by Charles Crowley, a young swimmer " at Captain , Bundy's swimming baths yesterday afternoon, when he pre- GRESHIM' MAP OF THE PRESETNT BUU. BTJN RESERVE AND PIPE LINE, ne will be laid from Portland to the head-work s- on Bull Run, for an additional water supply, has caused the people In the southeastern ing; a reservoir on Mount Scott, and getting Bull Run water. In the district southeast of the present city boundaries, including mont, Chicago, Nashville and Lents and all th other rapidly growing additions south of the Powell's Valley road, it is estimated pie. These people are now supplied with water mainly from private companies. The larger plant is at Lenta, recently construct fforta made to keep pace with the growth of that section. The new plant erected by the Wood mere Water Company, at Lents, with aln, does not supply enough for the present population, although it was confidently expected that it would furnish enough for 20,- cott Improvement Association, says that the people of this whole district want Bull R an water, and could furnish an annual an $50,000. but In two years time tt would be much larger. He proposes when the new pipe Is laid that the new res ount Scott, which he says is much higher than Mount Tabor. Re thinks that the new pipe line could be laid on a new course eing much longer than If It followed the present pipe line. It Is confldeotly expected, he said, that at the next general election el. Lents, Woodstock and South Mount Tabor, where the school districts have already been annexed to the Portland district, will dd very materially to the revenue derived from sale of water. The population, now estimated at 11,000, wilt be, he thinks, in- 11 Tre m & th M vented a young girl from sinking and brought her safely to land. The girl left the swimming place as quickly as possible after .being taken from the water, and refused to give her name to any of the attendants. The young woman is thought to have over-estimated her strength. She swam too far from the landing, and sev eral noticed her predicament and called for someone to assist her. Crowley jumped into the water vand reached the girl's side before she went under. BURST A BLOODVESSEL. Body of Miss YViLmarth, Portrait Painter, Found Dead In Bathroom. PASADENA, CaL, July 21. Miss Euphemia B. Wilmarth, of New Ro chelle, N. T., a portrait painter, was found dead in the bathroom of her resi dence in Pasadena today. Her fore head was crushed and she was lying in a pool of blood. A physician who was called in made a superficial exam ination, and then declared tat it was a case for the Coroner. Miss Wilmarth was fully attired for the street, and had evidently been in tending to go downtown. She lived alone In the house at 116 East Moun tain street, which she had occupied since coming to California several months ago. Local acquaintances of the dead woman say that her family in New Rochelle is one of the oldest and most exclusive in that city. Investigation disclosed the fact that the death of Miss Wilmarth was due to 5f:;5:'JKi':-S.?isliS-'iS AT THE TAflPLEY-FIKK WEDDING. the bursting of a blood vessel In the head. In falling she had struck her bead, causing the injury to the skull. Ijecture on Yellowstone Park. Dr. Short will conclude his interest ing lecture on the Yellowstone Park in the Taylor-street Methodist Church to night. Special preparation has been made for this service. The Oregonian party is invited. Special hymns have been ar ranged and will be led by organ and cor net. Dr. Short says he will tell about meeting the Oregonian party on his way from the park, and reveal the real identity of the young man who had himself Intro duced and danced as "Dr. Short," while the real Dr. Short slept. - Drunken Boy Arrested. Roy Pugh, aged 16 years, was arrested Dy utneer M. . Bioan at une uaics snort- ly before midnight. He was charged with being drunk, and was assigned to a cell to sober up. He stated that he got drunk on wine, but refused to tell where ha se cured the liquor. World's Architects at Play. LONDON. July 2L The International Congress Of Architects devoted today to excursions and tonight to a farewell ban quet at the Hotel Cecil. BE BUILT TO BULL RUN CAUSES ON MOUNT SCOTT Will, . fill, 'till -ill" IV ,77 -OWi.VV,' . 'f''lV JUDGE OIY NOT PERSON SHADOWED Notorious Jury Fixer Being Watched by Detectives. Says Heney. O'DAY APPEALS TO COURT Says If Secret Service Men Are to Dog His Steps He Will Retire. Heney Denies Judge Has , Cause for Complaint. Almost as soon as the Federal Court had opened yesterday morning, Judge Thomas O'Day, attorney for Charles .Nickell in the pending land-fraud case, arose with much feeling and undertook to relate the circumstances connected with an alleged attempt to shadow him on the night previous by secret service men in the employ of the Government. "If your Honor please ' said he, but the attorney got no further in his re marks before Francis J. Heney was on his feet. "Just a moment," said the Government prosecutor, who guessed what was com ing, "I would like to have the Jury re tire." Judge -Hunt ordered the jury retired, to which Judge O'Day took an exception, continuing as follows: "There is, a matter I desire to call the court's attention to that has been go ing on during this trial. My office has been shadowed, my clients have been shadowed, and the thing culminated last night after I went home when Frank Sav age rang my bell and told me three men were acting suspiciously and peeping in at my window." The lawyer continued in this strain. nai rating all that occurred, and declaring that unless such practices were stopped he would withdraw from the case, and other cases in which he is Interested where the land trials are involved. A sharp interchange of wdVds took Dlace between Mr. Heney and Judge O'Day concerning the accusations, after which the special assistant to the Attorney-Gen eral saia: "I am prepared at this time to prove that no such thing occurred. In the nrst place, with my permission, nn at torney will ever be shadowed unless I have reason to suspect that he is tampering with witnesses or attempt ing to camper with jurymen, and if ever I have reasonable ground to sus pect that I will take every means to discover the truth or falsity of my grounds of belief. I am triad to sav that I have had no such suspicion of juage ouay nor cause for any such suspicion, and he has never been shadowed to my knowledge. The de fendants in this case have been watched and as a matter of course in watching them If they went to Judsro O'Day's office and Judge O'Day was on the street with them, why neces sarily the men who were watching tnem saw Judge O Day, but if they separated from Judge O'Day Judge ouay was not followed. "If, on the other hand, they went into Judge O'Day's office he had the freedom -of privacy. Nobody ever fol lowed those defendants intov that building, but we do propose to know whether the defendants are communi eating with witnesses or not, because our experience in the last cases that were tried taught us chat it Is abso lutely necessary to know that fact Witness after witness was tampered with. Witness after witness was led to contradict his story and I don't propose to have that happen any more if I can help it. and the tampering that was done by defendants. "Now, as far as Judge O'Day is con cerned I am In full sympathy with his feelings in this matter if he had any ground to go on, but as a matter of fact there is a notorious Jury fixer who lives one block beyond Judge O'Day, and that man was being shad owed, and that man stated to one of our men thac he was being paid for watching our men. Now, if I am told the truth by our men, our men were not near Judge O'Day's house at all. One of them passed by on the side walk without stopping at all, and that is the nearest any of them ever came Co be there." Judge Hunt, who is a great diplomat upon all occasions, poured oil on the troubled water by remarking: -- "I think I can dispose of this. Judge, by requesting - that the matter be in quired into by Mr. Bristol. United States Attorney, assuming that Mr. Heney will be busy. And if there has been any thing like the course pursued that would AGITATION FOR ' .... f? 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President R. L. DURHAM ... . Vice-President W. H. FEAR ....... Secretary S. C. CATCHINGS . Assistant Secretary 947 WASH. St. iQ Capital stock $i5Q,ow.-S warrant the belief that Judge O'Day has been annoyed by any such conduct, why Vet It be corrected." , It Is understood that Mr. Heney had reference to H. A. Groener In his re marks, the assumption comingr from Government sources that the latter was observed sitting between two of those summoned as Jurymen on the nrst day of the trial before the jury was chasen, and for the further reason that on the night in question he was observed watching the house where the jurymen are now quartered. BRUTAL MURDER IN UTAH Aged Man's Body Weighted and Sunk In a Canal. SALT LAKH CITY, Utah, July a.-r-The body of a man, found last night in the Salt Lake & Jordan irrigation canal near Crescent, was identified today as that of Irving Helep, 66 years of age, and a vet eran of the Civil War. The Coroner's surgeon found on the body no external wounds that would have caused death, but there is evidence that the old man was dead before his body was cast into the canal. The fact that the hands and feet were securely bound, and that the body was weighted'Wlth stones, leads the authori ties to suspect murder. ., Helep gained a livelihood by doing odd jobs and drew a small pension from the Government. FARMER KILLS PREACHER Indiana Pastor Suspected of Undue Intimacy With Slayer's Wife. BEDFORD, Ind.. July 2L Rev. Lemuel Robson, a minister of the United Brethren Church, was shot and dangerouly wound ed by Elva White, a farmer, who accused the minister of maintaining too intimate relations with Mrs. White. The shooting' occurred at Mitchell, a small village five miles south of this city. White was arrested. CHEAP RATES EAST. On August 7, 8, 9. September 8 and 10. the Canadian Pacific will sell special round-trip tickets to Eastern terminals at very low rates. Tickets good going via Canadian Pacific, returning same line, or via any direct route, with stopovers and long time limit. For descriptive matter and full particulars regarding rates, etc., call on or address F. R. Johnson, F. and P. A., Portland, Or. BUY YOURJWILLINERY At Le Palais Royal and save money. Try it and be convinced. 375 Washington at. Dick Croker Bryan's Host. ' DUBLIN, July a. Mr. and Mrs. W. J. Bryan have arrived here. They spent Fri day with Richard Croker at Mr. Croker's farm near Dublin. Mr. Croker had invit ed a number of American and other friends to meet Mr. and Mrs. Bryan. Mr. and Mrs. Bryan expect to reach London Sunday evening $150,000.00 PORTLAND ORE ROBBER FELLS JAPANESE STRIKES T. TAKARA, EAST SIDE MERCHANT, WITH GAS PIPE. Man Enters Store, Asks for Cheap Ribbon, and Then Suddenly Assails His Victim. T. Takara, a Japanese merchant at 561 Williams avenue, was assaulted by a white man with Intent to rob. at 5:30 o'clock last night, and was knocked almost ' senseless behind his counter with a piece of gas pipe, which the man used with telling ef fect. The blow on the Jap's head would have proved fatal, it is thought. If in striking the pipe had not caught in a pile of draperies hanging over head. The white man entered the store and asked to be shown some cheap ribbon. Takara stooped beneath the counter to accommodate his customer and when he rose it was to be felled behind his counter by a club. In strik ing the white man reached far over the counter and as he brought the pipe downward the end caught in draperies and stopped the force of the blow, which fell on the Jap's head. : Seeing that he had injured if not killed his victim the would-be robber did not wait to commit robbery, but made his escape as quickly as possi ble. Takara believes that the assault was made for the purpose of robbery, as he said he had never seen the cus tomer before, and did not know of any grievance anyone had against him. He gave a fairly good description of his assailant to Detectives Smith and Hill, and the police are searching the city for the suspect. Heat Prostration Is oftm dne more to the condition of the body than the state of tbeatmonphere. "NV hen the liver is sluggish, the stomach inert, the . bowels clogged, the coudiUous are all pre pared for collapse. Tarrant's Seltzer Aperient (Reg- U. S. Pat. Off.) shoTild be regularly need during not weather, to keep the stomach, liver and bowels In healthy action and ho avoid the condition which favor prostration. TARRANT'S stands alone In safety and efficiency. 'othing like It at any price. A delicious, effervescent drink. Children enjoy It, was At drutsim 50c and $1.00 New York f