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About The evening news. (Roseburg, Douglas County, Or.) 1909-1920 | View Entire Issue (Jan. 10, 1910)
ADVERTISERS Will find The Kveninr Newa the bast UMHltum to rt'ach tho peoiitoof ItoMtburr. A wltlt-n-wnko publication priutlnff 11 tho now that' fit U irint THE WEATHER LOCAL FORECAST Rain or Snow Tonight and Tutaday. VOL. I ' ROSEBURG, DOUGLAS COUNTY, OREGON, MONDAY, JANUARY 10, 1910. NO. 58 -41 Is Compiled By County Clerk Lenox. 105 CASES IN ALL Regular January Term of The Circuit Court Convent's on' the 17tli IliNt. Few Cases of Important Na ture Scheduled. From present Indications the Jan- tiaiy term of the circuit cou"t will -consume hut. little time Inasmuch as the docket is much lighter than us ual, notwithstanding tne fact that the January term of court is ordl narly a very busy one. The docket, as compiled by County Clerk Lenox, shows a total of 105 cases, a major ity of which are of a civil nature. As usual there are Beveral divorce . cases, none of which, however, are worthy of special mention The cri minal docket might be considered a blank at this time, no cases of im- y portance being scheduled under such a head. This condition may be changed, however, at the time the grand jury meets inasmuch as it is whispered that several boozs cases are to be investigated. The grand jury for the January term4 will be selected on the morning of January 17, at which time the cir cuit court convenes. in regular ses sion. All preliminary matters, such as arguing motions, considering dis missals and reporting settlement of cases, will come up on Friday preced ing the regular term, or in other words, at an adjourned session of the October term of court. Owing to the fact that one of the members of the erstwhile grand jury has left the country, that body will not meet prior to the convening of court as nas Deen tne custom in tne past. Briefly, all matters now pend ing will come before the new grand iury for consideration. Following Is the court docket for the January term in full: No. 10, Thomas Owens plff, vs C. E. Loss company, deft, action for money; John T. Long for plff; Co show & Rice for deft. 1 No. 11, T. E. Bledsoe plff, vs B. C. Soule eng co deft; action for money; John T. Long and F. G. Micelli for plff; Coshow & Rice for def's. No. 14, F. W. Thurber plff, vs W. F. Cooper deft; action for money; C. S. Jackson for plf; . for deft. No. 17, Frank 43. Alley "plf vs L. 'A. L. Badleree deft; suit to quiet ti tle: J. A. Buchanan for plf; Coshow & Rice for deft. ' No. 18, Bernard Krakenberger plff, vg Harry A. Oriswold deft; to recover money; John T. Long for plff; for deft. No. 21, Rose J. Smith plff, vs Douglns Mining Co deft; foreclosure RED BEGINS TODAY See Poster at Your Doorstep, for Particulars, or Ask Your Neighbor. , if mortgage; E. H. Cahalln for plff; for deft. No. 25. Thomas OwenB plff, vs Oregon Western Railway Co deft; action for money; John T. Long for .,ff; for deft. No. 37, J. C. Twichell plff. vs A. J. Rl3lev and Fred Rlsley defts; to cover money; Cardwell & Watson Tor plffs; Fullerton & Orcutt for defts. No. 54. W. S. Hamilton plff, vs I. R. Davis deft; to recover money; Fullerton & Orcutt for plff. No. 68. First Nationnl Bank of lbauy plff vs Thomas C. Tl loonier et al defts; foreclosuro of mortgage Hewitt & Sox for plff; for ploffs. No. 69, John L. Fisher plff vs Del la Fisher deft; motion to modify de cree; Coshow & Rice for plff; for deft. ' No. 120, Wm. I. Vawter plff vs O, E. Gorslien et al defts; foreclosure of mortgage; Frank O. Micelli for pirt; ror dert. No. 12-, Thos. C. Devlin et al plffs vg O. H. Selple ot al defts; foreclo sure of mortgage: H. M. Esterly for plff, L. L. Langley for deft Selple, Coshow & Rice for deft Lyons, Ful lerton & Orcutt for deft Raschen. Nc. 134, , Frank O. Micelji et al nlffs vs Frank Andruss deft; suit for injunction and damages; Coshow & Rice for plff; C. S. Jackson for defts. No. 152, J. S. aunnlvan et al plffs vs Laura Jlaugherty deft; motion to modify decree; Fullerton & Orcutt and B. J. Howland for plffs; for deft. No. 171, A. H. Hlnkson plff vs T. M. McGregor deft; suit for convey ance of real property; Walton & Ness for plff; Cardwell & Watson for deft. No. 189, Alexander Crawford plff vs D. Asher deft; to recover money; Coshow & Rice for plff; Elbert B. Hermann for deft. No. 197, A. M. Lady plff, vs Freelln Cornutt and Clarence Cor nutt, partners as Cornutt Lumbdr Co; action for money; John T. Long for plff; for defts. No. 201 Stlmpson Compltlng Scnle Co plf vs N. Selig deft; action for money; Fullerton & Orcutt for plff: Geo. M. Brown & E. B. -Hermann for deft. No. 211. Florence H. Baldwin, plff vs Joseph R. Baldwin deft; di vorce; Elbert B. Hormnnn for plff. No. 223, Emma E. Fassott plff vs Mrs. E. E. Boswell deft; to recover money: C. S. Jackson for plff; Co show & Rice for deft. No. 226, Mary J. Whltsott plff v? Dan Whltsett deft; divorce; Elbert B. Hermann for plff; lor deft. No. 229. Jas. H. Price vs Lydia Dascomb deft: foreclosure of mo-t-gnge; Cardwell & Watson for plff; Coshow & Rice for deft. No. 250, Geo. W. Kearns plff vs Llllle B. Kerr et al defts; action for money; Marcus W. Robbins for plff; for defts. No. 255, Max Weiss plff vs Otis Fisher and Flossie Fisher defts; ac tion for money; John T. Long for plff; for defts. No. 256, J. F. Barker & Co plff vs B. P. Tynan deft; action for money; Frank G. Mlcalll for plff; for deft. No. 257, A. J. Chapman plff vs (Continued on page 2.) GREAT TAG OSEPHSQN'S Kills WHO IS RESPONSIBLE Child Is Hold on Charge of Mimler Hut Officers Want to know From WIhmico Revolver v Revolver. (Special to The Evening News.) Port Cosla, Cal., Jan. 10. Ten year old Joe Crowley shot and killed Mrs. Patrick Sullivan this morning, and the local officers are facing the perplexing problem of fixing respon sibility for the tragedy. The unhappy affair occurred at the railway sta tion, and Mrs. Sullivan, who was the mother of tlx children, waB well nn'd Intimately known by the little fellow who caused her death. The boy had secured the revolver from some source and was playing with the wea pon on the station platform, and pointing It at the mother of his play fellows cried, "Look out, Mrs. Sulli van, I am going to shoot you.' The lady turned, and with a half fright ened smile on her lips started toward the youngster, presumably with the intention of taking the weapon away from him, when he grasped the han dle more firmly and pulled the trig ger. The bystandeis were horrified to hear a loud ieport and see the wo man lunge forward with a bullet In her brain. The Crowley boy was frightened half out of his senses as his elderly friend fell dead near where he was Etnnding. The officers are trying to learn who Is responsible for leaving the 'revolver where the children could get hold of it. The boy was arrested and charged with murder, but on account of his tender vears and the nature of the tragedy, it Is a perplexing matter for the offi cers to solve. HOUSE DEMANDS A SQUARE DEAL (Special to The Evening News) Washington, I). C, Jan. 10. Sen ator Nelson, of Minnesota, chairman of the public lands committee, today reported to the senate nnd house, res olutions calling for Investigation of the Balllnger-Plnchot controversy. Miss Ellen Gertrude Hnr- ris, teacher of vocal and pi- ano. Studio at Oak and Kane sts., care of Mrs. A. S. Marsters. f8' Small Boy in Play Elderly Woman SALE Tho resolutions provide for the elec tion of an Investigating committee in accordance with the action taking the uower of appointment from tho hands of Speaker Cannon and vice Presi dent Sherman. Another resolution drawn, Is also before the senate. COUNTRY WILL STAND BY PINCHOT (Special to The Evening News.) Chicago, Jan. 10. That the coun try at large will stand by Plnchot. whethor ho be right or wrong in this controveisy with tho president, is the position taken by the Chicago Tribune, which says editorially: "Without Inquiring Into the techni cal justice of Plnchot's discharge, tho Tribune must repeat that the country will stand by him. It does not understand the legal technicali ties Involved, and Is also prepared to accept the president's dtateme.U that BaJlinger acted within the law, but t ho country long since became able to distinguish men who wore 'law honest' from those who are moved by real zeal for the perservatlon of pub lic Interests against private privi lege." ENGLISH PARLIA MENT DISSOLVED (Special to The Evening News) London, Jan, 10. Odds of five to four are offered that the Conserva tives will be mccessful at the com ing national election were offered at the stock exchange today. This is the first time since the beginning of the campaign that the Conservatives have niled favorites In betting circles. Prior to the Christmas holidays the Liberals were favorites ty odds of seven to four. King Edward today signed formal degree dissolving Par liament. Immediately after this de cree was Issued writs for the elerion were also Issued, and this event will doubtless establish a new epoch In English history. Union Services Tonight. The churches of the city will Mi union evangelical services tonight at the Presbyterian church. J. N. Mc Connell of the Christian church will do the preaching. Thl will be the first of a series of Monday evening services of the same kind. This will be preparatory to the great revival which will come in February. Snow White at the Armory Friday evening. - jl4 The city council will meet In regu lar weekly BesElon this evening. Lit tle business Is scheduled for disposi tion, however, and an early adjourn ment is anticipated. The Roseburg, Commercial iub meets in regular session this evening. Considerable business Is scheduled for discussion, therefore it Is urged that every member bo present. After Years of Delay the Case is Called. WILL OCCUPY MONTH Hocords of Sir; Hermann's Former Trial in vYiishiticton, 1). C, Will be Used to F.xpcdiuto Mutters. (Special to The Evening News.) Portland, Jim. 10. The trial of ISlnger Hermunn for conspiracy to de fraud the government of cerlnln lands has at last materialized, having be gun In Judge Wolverton's court aV 10 o'clock this morning. Up to 12:30 tho court was busy hearing the ex cuses of the veniremen from whose number the jury to try the case will be formed. This afternoon the at torneys began the task of solectlng the twelve men out of what were left of the original 30i men called to form tho petit Jury. When Clerk Mursh had finished calling' the long list of names, it was found that 105 had failed to put In an nppearance be fore the court; 45 more were excused on account' of Illness or business, and at 2 o'clock the actual work of se curing the trial Jury began. It is ex pected that a day of more will be oc cupied by thlB work, although the at torneys hope that tho box may be filled out the first few names called. That the. trial will be u long one Is apparent, and to expr-dlate matters as much as possible nn arrangement has been mndo between the prosecu tion and-defense by which a portion of tho evidence given at tho Her mann trial in Washington, whon he was accused of having destroyed cer tain public records of the public, land office will be rend. This was done to save the defense the expense nnd delay of bringing witnesses from Washington. Jutt how much of this transcript will bo read !b undetermin ed and will probably depend iipon the course of the trlnl as It develops. II Is conceded that at least, a month will be consumed In getting the ense to the Jury. After -12 years of active participa tion in public life, Hon. Dinger Her mann, of Roseburg, ex-representntlve in congress nnd commissioner of the general lnnd office, stnnds before the bar of the United Stntes Circuit court In readiness to meet the charge pre ferred against hlin by the govern ment. Mr. Hermann Is chnrgod with having been a party to a conspiracy to defraud Hie government of a por tion of its lands in tho creation or the Blue Mountnln forest reserve. For more than a week the nltorneys for the United Slates nnd those rep resenting Mr. Hermann hnve been marshaling their facts and arrang ing their methods of trust and parry. There will be a crossing of keen hladed legal wits when the fighting prnsecntir; Frnncls J. llenev. sup ported bv the stubborn Jaed Tracey C. Becker, encounter the brilliant learning of Col. A. S. Worthlngton, of Washington, D. C. bnrked by the Hibtle methods of John M. (lenrln. With Hie exception of the retrlnl of the case agnlnst ex-tlepresontatlve Williamson, tho conclusion of the Hormann trial will mark tho end of a series of famous trials of noted pol iticians of this Btnte In connection with tha alleged frauds. Hon Din ger Hormnnn Is not charged with re ceiving bribes, but. It Is understood that nn effort will be mndo to con nect him with the Blue Mountain conspiracy by Bhowlng thnt advance Information was given out from the office of the commissioner of the general lnnd office; thnt he furnish ed the conspirators with the name of the man who would examine nnd re port on the lands to be Included In the proposed reserve; that tlrs ex aminer was bribed by Frnnklln P. Mavs. nnd thnt the latter boasted of his Inilunce In Washington, nnd In so doing declared thnt money wn ne cessnry to Influence action at the ranllal. and that the defendant com muted a number of other overt acts In promoting the alleged attempt to loot the public domain. Hermann in Itendlness. Binger Hermann nnnounced on his nrrlvnl at Portlnnd that he had wait ed five years for the occasion which now presents Itself, nrfd which he hopes will result In Mb vindication. Francis J. Heney, who will proBe cute Hermann countered nuch state ment the night of his arrival at Port lnnd In giving out a statement to the effect that the dofendnnt had never asked for a trlnl, and that no delay had been Bought by the government. A Jury list of 307 citizens of Oregon are now assembled In the Oregon me tropolis, from among wh It Is hoped thnt a Jury of twelve unprolu dlced men can he secured. It is be lieved among the attorneys In the case that tho Jury box will bo ac ceptably filled and tho taking of evi dence will bo commenced within one week. Binger Hermann was first Indicted December 31, 1904. He had resign ed as commissioner of the general land office and was then a represent ative In congress, filling the unexpir ed" term e.iused by the death of Thomas H. Tongue. He has also bf en re-elected representative from the first district in June, 1904. Mr. Hermann has never been tried on the first Indictment brought tgalnst him. which charged him witU conspiracy to secure title fraudulently to cer tain public lands and had reference to tho part ho is alleged to hnvo play ed In tho efforts of Puter to have the patents expedlated for tho twelvo fraudulent homestead entries in the famous township 11-7. The Iii'lictmentB under which Mr. Hormnnn will bo tried tomorrow was returned February 3 3, 1905. Indict ed with him were ex-Hepresontntlvo John N. Williamson. F. P. Mays, Wll lard N. Jones and George Sorenson. JleiH'.lli-d Law ill Case. The defendants are Jointly charg ed With having entered into a con spiracy to defraud the government through the operation of the lieu land law if June 4, 1897, which has since besn rcuenled Tho lieu land Inw was prolific of frauds in uiBny partB of the United Stntes while It rested on the statute books. In brief It gave tho following privileges.: , The owner of a tract of patented lands within a forest reserve was al lowed to surrender that land to the government. Upon so doing he was given a class of scrip which allowed--tho owner to file on an equal area of anv class of public land which might bo open to entry, mineral lands excepted. 1 he scrip wns receivea oy the government for tho lands last selected and patents wero nt once obtainable. Under the operation of that law the untlmbered tracts, grating areas or lands which hnd been cut over could ho surrendered to tho govern ment and the scrip could be used to secure title to tho heavy timbered lnnei of Oregon the worthless lands exebnnged for the valunhlo. It is ranted In the Indictment that Senator Mltchert nnd Binger Her mann ns commissioner of the genernl lnnd office nt Washington agreed with Mays. Jones nnd Sorenson In Oregon to cause the Bluf-t Mountain forest reserve to he created. ItB boundaries. Included the watersheds of Strawberry Mountnln. the head waters of the North nnd Middle Forks r of Malheur river. Silver river, Silver creek nnd the South Fork of the John Dnv river. The Blue Mountain re serve thus located comprised portions of Crook, Ornnt, Harney, Mnllieur, nnker. Union, Umatilla and Wallowa counties. Conspirators Full Out. After Ormsby had visited the lnnd nnd was ready to report It was shown that he visited the office of Franklin P; Mavs. While the matter wns pend ing two fccttonB of school lnnd were -transferred to-Ormsby by Mays. Understanding thnt a favorable re port was to bo made on the proposed reserve, Mnys, Jonoa and Sorenson went to the north end of Portlnnd and Becured "dummioB" to sign ap plications for school lands at bo much per head, the (nil 150.000 acreB to he covered. In the meantime, how ever, Horace Q. McKlnley and Dan W. Tarpley had heard of the scheme, and hnd slipped Into Salem nnd had purchased 18,000 ncros of the Inheri tance of tho public schools. When Mays found out about th,e action he sent for McKlnley. While quarreling over the matter. McKlnley offered Mays' a commission of 50 cents an acre, or $8,500, to allow the deal to stnnd. MnyB threatened to have tho McKlnley and Tarpley lands check orhonrded, for be said that It would require more than tho sum offered to lake cure of the feiiows in Wash ington. Tarploy and McKlnley re tired for a conference, and findng Mint Mays couldn't checkerboard their lands without checkerboarding; his own. defied Mays. Beforo tho conspiracy could be carried out, tho liou land law wns ropoiiled by congress, and MayB, Jones and Sorenson were able to un load but a small part of their forest reserve holdings. McKlnley nnd Tar pley sold all of their 18.000 acres, most, of It going to F. A. Krlhs. , Binger Hermann was first elected to congress from thlB stnto In 1885 and served 12 yearB successively. He has been a member of both branches of the legislature, and has been con tinuously before the public for 4? years. Ho was appointed commis sioner of the general land office by President McKlnley, and filled that position for six years, a longer term than any other commissioner bus ever had. i In his defense nt tho present trlnl, Mr. Hermann is expected to make n sttong use of Ills wc II known opposi tion to tho lieu land law of 1897. Ho is on record In Oregon ns making strong efforts for ItB repenl. Ho bus already been tried and acquitted In Washington, D. (!., on charges rising from the Oregon land fraud cases. When be left tho land orrico It was ubown thnt ne removed and destroyed certain letter press copy books Bald to contain records of correspondence bearing en I he Blue Mountain reserve matter. At thnt lime, flermnnn con tended thnt tho books contained only coiiles of personal correspondence, and that it had bean tho practice of retiring commissioners to reserve such booka as their personal proper ty. CAM) OF THANKS. The Sisters of the Morcy hospital return their grateful thatikB to Mr. D. Ualir, Mr. Test, Mr. H. Denn, Mr. Hurley and Mr. J. Welch for tholr valuable asBlstanco and hauling two carloads of wood, over 32 cords, from tho depot to the hospital. ThlB great act of charity was very much appre ciated by the slstora and will never be forgotten. I Special sale on snaeg curing Jan uary. All lines will be sold at cost and below. tf UOY WANTED Good chanco for a ' bright boy to learn trade, while earning fair wages, light work. Address Box 666. d-d-15