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About The evening news. (Roseburg, Douglas County, Or.) 1909-1920 | View Entire Issue (Jan. 22, 1910)
ADVERTISERS .. - i ..l,l:j.4,'. .".rrrHTB Will find Tim Kvftitnv Nowi . tlm lHt uuiHuui to runch the n-wnlu (uiblicHlUm iirli.tlntr all the mwtliHtrit to print THE WEATHER LOCAL FORECAST Rain Tonight anil Sunday VOL. I ROSEBURG, 'DOUGLAS COUNTY, OREGON, SATURDAY, JANUARY 2'2, 1910 NO. 69 4 Hermann Case Will Go to Jury Tuesday ' THIS IS BELIEF TODAY Honey's Efforts to Show Defendant . Knew of Frauds of Krimklin 1. Mfiys Nullified by Decision . of Jwlgo Wolverton. ' (Special to The Evening News) . Portland, Jan. 22. Colonel Wor thlngton, counsel for Blnger Hermann expressed the belief today that he would conclude the rebuttal evidence tending to exonerate hiB'cllent from connection with the Oregon ' land frauds In one day during next week before the federal court. This will - put the case in the hands of the ury on next Tuesday afternoon, as Prose cutor Heney made the statement at the conclusion of this morning's ses sion of court that It would not re quire more than an additional day for the production of affirmative evi dence intended to show that Mr, Her mann, as commissioner of the gen eral land office, conspired with P. P. Mays, W. R. Jones and others for the fraudulent disposition of school lands in the Blue Mountain reserve. Heney's efforts to show Hermann knew of the frauds that he "tipped off" Franklin P. MayB when the secretary decided to withdraw the Strawberry Mountain reserve In 1902, by personal telegram, were to a degree nullified today when Judge Wolverton decided that the ev idence Introduced in the Hermann trial at Washington, D. C, was in competent evidence to establish this point. Early next week will no doubt see tho end of the Hermann trial. . Portland, Or., Jan. 22. Heney bad brought on lrwln RIttenhouse, stenographer for Binger Hermann part of the time he was commission er of the general land office, and de sired to prove that Hermann was fa miliar with the contents of the "Cit izen letter. Heney announced that bis purpose In Introducing that com munication, as well as others signed by Colonel J. A. Zabriskle, of TucBon, Ariz., and J. H.. Snyder, of San Fran cisco, was' to fasten an Intent upon the defendant, as well as to show that when the Blue Mountain Reserve was created he had knowledge that the government was being defraud ed. Heney contended that with such knowledge Hermann was equally guilty if he failed to protect the gov ernment lands from the operations of the land frauders. as he would have been had he actually participated In the profits of the transactions. Judge Wolverton ruled that it was proper for the Jury to ascertnln whether Commissioner Hermann had knowledge that the school lands were being purchased by private Individ uals in anticipation of the creation of a forest resrve. to ascertain next whether the commissioner possessed knowledge of the manner In which those lands were being procured in violation of the laws of the state and the United States, and as to whether be knew that the title was void to the school lands which the department was accenting under the operation of th lieu land act. Tjetter Conveys Some Knowledge.' "The ononvmous letter," said the court, "would probablv not be evi dence that the commissioner had such knowledge of the frauds being com mitted, but if shown b ywitnesses that Its contents were brought to his attention it would convey some knowledge. "Other letters which have been rend to the court Indicate that cer tain lands were being taken fraud ulently In California and Oregon, and that such a practice was being car ried out In the Cascade Forest Re serve. Mr. Hermann was a public of ficer, and, occupying such a position. 1' was his dutv to take notice of even the smallest Items of Information which might Indlrate that the laws were being violated." By the prosecution the decision Is considered to be the turning point In the trial of the conspiracy charg es. The government has shown that lit 1901 the defendant was present at the office of Surveyor General Mel drum when F. P. Mays consulted with him concerning the formation of a new reserve In the Blue Mountains, and that a few days afterward Mr. Hermann advised Meldrum to pur chase school lands In that district. At that time Mr. Hermann had been ad vised through the letter of "Citizen," as to what the plan of acquiring school land titles was and how It wbb being carried out in this state. "We intend to bring home to Mr. Hermann the knowledge which we claim he possessed at the time he Is charged with having entered Into an Agreement with Mays concerning the Blue Mountain Reserve." said Heney. Knhrixkie Letters to be Head. In doing that the government this morning will read to the Jury several letters written in 1901, almost a year before the Blue Mountain Reserve was created, by Colonel Zabriskie.of Arizona. The Arlzonlan there un folded the entire plan of operations and urged an Investigation mrougn insnec.tors who were not known per sonally to the men engaged in the conspiracy. The Information, which q then communicated to the com' mlssjoner bad been obtained from J. H. Snyder, a former employe of Hyde & Benson, in California. Snyder was the man whom the Cal ifornia land fraudors used as thel office agent and who handled nil the papers connected with the various purchases of school lamlri. He re ceived a large salary nud primlscs of other sums of money t.r his services. In 1900 Snyder and the Hyde-Birson combination failed to usree over a division of the profits from their opera . -n3 In r...Tlem Oregon, and S.iyder reslg-ej his fraudulent transactions to Co. Zal riskie. who promptly took '.he subject lit) xtth Mr. Heniiiinu and wrote that the Hyde Censou conspirators were being su.i,lii.'i with advance information by some of the employes of the general land office. An effort was made by the commis sioner, it was said, to ascertnin the name of the clerk suspected of the treachery, but after falluro to secure that Information, an investigation of the questions alluded to by Colonel Zabriskle was refused on the ground of economy. The commissioner did not have the funds to employ men unknown to the land frauders, but he did order the regular agent for that district to interview Snyder and re port. With the submission of that report the case was dropped. Inconsistency is Changed. The prosecution will attack Her mann on still another ground, that of Inconsistency. Heney will endeavor to prove that for a lpng time prior to 1902, when Hermann recommend ed the withdrawal of the Blue Moun tain Forest Reserve lands, the com missioner had discouraged the organ ization of more forest reserves, and had pointed out that advantage was being taken of the lieu-land law to defraud the United States. With the presentation of such a record It Is hoped by the prosecution ' that the Jury will draw the .conclusion that Hermann's recommendation of the Blue Mountain forest reserve was the result of an understanding with Mays, Jones and Smith, all members of the legislature. Evidence will be offered in, the endeavor to show that In the Blue Mountain case the' com missioner, made an exception from his policy. ... Emmett Callahnn will be placed on the stand to confirm a conversation had with the commissioner prior to tho creation of the Blue Mountain reserve, and at a time when the peo ple of Grant and Harney counties were strongly protesting against that action. Callahan said to Hermann that a "certoln crowd of Orpgonfans" were making a business of lntylng the school lands upon apnllcntlons obtain ed In the slums of the North End of Portland.' and signed by members of the under world. Hermann Is accused of hnvlng asked Callahan whv they should worry- about that aB Oregon neople were profiting by the transac tions. - "Callahan Btates that at. tba,t time Hermann named Mays as one of the men," said Heney. Heney Seeks to Close Caps,1 In the letters which were sent to Hermann by Snyder and Zabriskle It was written that all actions concern ing the establishment of forest reserv es by the secretary of the lntorior were "tipped off" from the Washing ton office In time-for the western con spirators to purchase the school lands before the order of withdrawal should rench the local land office. In an en deavor to show that Hermann was assisting Mays and his friends, the prosecution will Introduce a telegram which the commissioner sent to Mays on the morning that the proclamation was received by Hermann, and which It Is stated, proves that Mays knew what he was saying when he told Sor- enson that ho would get a "tip" from Washington. All of this evidence will be intro duced this morning and on Monday In nn effort by which Mr. Heney ex neots to close un the gaps in his case of circumstantial evidence against Binger Hermann. Heney promised the court last night that he would conclude the trial on the part of the envernment not later than noon on Monday. In that cose the defense will not begin before Tuesday mornlne. Colonel Worthlngton will contend that the letters from "Citizen," Col onel Zabriskle and Snyder were pri vate and confidential communications and that the commissioner waB ad vised by a member of the land orrue force that It would be Inexpedient to supply the Information requested, or to start tne investigation ouisiuy ular channels. It will he contended that many forest reserves were be Ing contemplated from 1900 to 1P02 and that If the knowledge conveyed bv the letters charged the commis sioner with knowledge sufficient to Justify him in stopping the work In Oregon and the Blue Mountnlns, It would have required that he take that action In all parts of the United States. Colonel Worthlngton con tends that If that knowledge makes Hermann a party to the Blue Moun tain conspiracy, it also lays him open to the charge of fraud In every place where fraud was practiced. Mays anil Jones Unwilling. There Is no probability that F. P. Mays or W. N. Jones will be called to the witness chair, as both are un willing to testify Colonel Worthlngton announced last night that he would utilize a portion of the records and exhibits used In the trial of Hyde and Benson at Washington. Heney has tele graphed for the documents and they are on the way. Hvde, Benson and Snyder and their Washington agent, were tried last year In the District of Columbia. The Jury was out four days and stood about evenly divided. The trial Judge called the Jurors Into court at the end of the fourth day and after being Informed that a verdict was improbable, ordered the Juror re- Train and Passengers Buried in River DEATH LIST REACH 50 Many Are Seriously Injun In a Hall ' road Accident Today Ono Hun dred Passengers Were on Hoard. : .. (Special to The Evening News) Sault Ste Marie, Jan. 22. Off to tals of the Son branch of the Cana dian Pacific railroad estimated today that twenty-five persons wore killed In the wreck of the Montreal-Minneapolis passenger train which went over an embankment three miles west of Sudbury, Ontario, this morn ing. It will not be exactly known how many persons lost their lives un til the divers make investigation of the submerged train, which lies at the bottom of the Spanish river. More than twenty persons were ser iously injured. , FoHowing a more thorough search made this afternoon of the wreck of the Canadian Pacific's Montreal-Minneapolis express, which pIuiiKfld over the embankment Into the Spanish river, it is estimated that between 35 and 40 persons lost their lives. The records show that when the train left the rails there were about 100 per sons aboard. Of this number It is now learned 22 were seriously injured, while practically none escaped un harmed. Many of the Injured ones are in a precarious condition, and It is predicted by the attending physi cians that the death list may reach fifty. TOM TAGGART WILL LOSE HIS EYE (Special to The Evening News.) ; Indianapolis, Jan. 22. In spite of the assurances of thephyslclans that they could save Tom Taggart's right eye, word was received this afternoon from Fayette, where the democratic national committeeman was ' shot while hunting, that the shot had piorced the eyeball, causing partial blindness. Mr. Taggart received a full load of bird shot In the face, right shoulder and client from a shotgun In the hands of Secretary S. W. Morton who fired at a band of quail. Mr. Morton is grief stricken on account of the accident. RESCUES TWO FR BURNING BUILDING (Special to The Evening News) nelltngham, ' Wash., Jan. 22. Fighting his way through choking clouds of smoke in a burning resi dence today, Catatn Hector Hawley groped through the bedroom to where his daughter, Jessie, aged 18 years, was lying and found the senseless girl and bore her to a place of safety. Af ter this heroic act he again faced the blazing room and struggled to the up per story and found his aged father-in-law and led the old man to a plucc of safety. XiKT THE GOODS. Smooth Couple Fleece Several Ku gene Parties. Eugene, Ore., Jan. 22. Some tlmei since there came to Eugene from Ot tawa, Kan., a smooth, complaisant In-, dividual who answered to the name; of J. E. Edgeworth, and who organ ized the Oregon Electrical Engineer ing company, "Everything Electri cal," and ndverttsed himself as a practical electrician and machinist. By some means or, other he was able to buy a quantity of electrical appa ratus and fittings from the M. J. Walsh company of Portland on cred it. He also Ingratiated himself upon the people by taking a leading part In the functions (both spiritual and social) of one of the leading churches of the city, and his suave manners made friends for him rapidly. He had the most expensive signs painted, worked the job offices for neat sta tionery and advertised liberally, but paid few if any bills. A few days ago he sold out hie entire Btock to two worthy young men of the city. Messrs. Murphey and Brlggs, for $400 cash, the young men obtaining the cash on a loan at considerable sacri fice. It Is said Edgeworth had taken the trouble to forge the receipts to his Invoice from tho Walsh company to show his purchasers that his stock was all paid for, when as a matter of fact, according to information, not a ent had been paid on any of thfm. The new firm wad greatly surprlned a day or two since when a representa tive of the Walsh company came up and claimed all the stock and se- turned to the Jury room. After they had departed the court began prepa rations for discharging the jury, but the jurors supposed they were to be confined until a verdit was returned. A compromise was reached, it Is un derstood, by convicting two of the defendant and acquitting the others. Hyde and Snyder were the victims. - J 1ST A HINT. The Roseburg ' Commercial club has taken a hint from the' Grants Pass Commercial Club and are this year taking the ne cessary stops to establish closer relations between the business men of Roseburg and the busl- ness men of other townB In Douglas County. The Grants Pass Commercial Club In June of last year made a pilgrimage to nearly all parts of Josephine county; each ex- curslon being participated In by forty to fifty business men of the town. These trips were In every way a great success and It Is the opinion of the members of the club that such visits must be hereafter a prom- Inent feature of club work. Grants Pass Courier. cured the same through legal means, their contract showing the goods still to be theirs until paid for. Edgeworth's wife took suddenly 111 (?) the same day ha made the sale and that night he left for California, and It is said the Walsh company re ceived a letter from him from some point down the line telling them he had sold out In Eugene and when he got to his destination (he did not say where) he would send them their money, and this Is the. first Intima tion they had that he had left Eu geno. The drayman who hauled his truuks to the depot are about the only ones who got even, as they refused to give him his trunks until he paid their bill. It is not , kuown how many are mourning his departure, but we have heard of eight or ten who would like to see him brought back. . , r The Walsh representative who was here yesterday, sold the stock that was left to H. J. Shields, who will carry on the business there under the name ot the Eugene Electric com pany. '. , . . There were a number of letters re ceived within the nast few days from Ottawa, Kansas, asking for the where abouts of Edgeworth, and stating tnat he had left the people In that city In about the same way. Much sympathy Is felt for Messrs Murphey and Brlggs, ,the Innocent purchasers, who were the greatest victims of this prince of swindlers. OHIO SUFFERING , FROM BLIZZARDS (Special to The Evening News.) Cleveland. Ohio. Jan. 22 Reports of tho fatalities and accidents are be ginning to be received here this af ternoon from all parts of Ohio follow ing the wnko of the severe blizzard which has been sweeping all parts of the state today. Authentic reports are delayed on account of tho inter ruption of the wlie service. SECOND INDICT MENT QUASHED (8peclnl to The Evening Nevs ) New York, Jan. 22. Judge Hough of the United Slates Circuit Court, to day quashed the second indictment agnlnst F. Augustus Helnze, charging him with manipulating the funds or the Mercantile Nutlonnl Bank. Pros ecutor Wise has announced ho will present another case to the grund Jury. C'OIJItT OltllHItH. No. 437, Tabltha J. Fordney plff vs Peter A. Hall deft: action for damages; J. A. Buchanan for plff; R. W. Marsters for deft. Judgment for plaintiff. No. 443. James F. Daughorty plff vs Isaac Jones deft; suit to reform deed; Fullorton ft Oicutt for plff; Claude W. Devore and Coshow & Rice for deft. Continued No. 458, Margaret Bangort plff vs Henry Bangort doft; divorce; Geo Neuner Jr and Coshow nice for for deft. Submitted. No. 462, A. B. Chadbourne plff vs Mrs. Mary J. Perkins deft; suit in j equity; Coshow ft Rice for plff; i & Watson for defts. Referred and j continued. , The divorce case of Marguerite Bangert vs. Honry Bangert came upi for hearing belore Judpe J. W. Ila'o-j llton In the circuit court this after noon.' Several witnesses were exam-1 ined on behalf of the plaintiff, among them being John MrOinnls, of Ktarv out who Is 96 years of ago. This aged gentleman was probably the most im portant witness, testifying to the ef fect that Banrccrt had mistreated hbi wile conlnually, regardless of her pro tests. After listening to the evi dence Judge Hamilton grunted the de cree. The plaintiff was alwi allowed thecOflts of the prosecution as well as the custody of tho minor rhlldrc. WHAT IS THE CHEAPEST . . I'HOTO MADE? THE BEST. . The same applies to en- larglng, copying, frame niak- . Ing, kodak finishing. Clark's Studio for the best. Roseburg National Bank building. Attempts to "Hold Up" W. N. Crouch, of Oakland, i IS FRIGHTENED AWAY Complaint Is Filed Ik fore Grand Jury and un Indictment Kx pett ed -Oakland Pintles Sum moned as Witnesses, ' W. N. Crouch, of Oakland, em ployed in the soft drink emporium conducted by his brother, J. W. Crouch, arrived in the city last even ing, and this morning filed a com plaint with the grand Jury charging a well known Oakland young man with the crime of "attempted hold up." When Interviewed by a News rep resentative this morning Mr. Crouch said that he was returning home af ter closing his place of business short ly before 12 o'clock Monday evening when he was suddenly confronted by a young man, his fact partially cov ered by a mask, who demanded that he throw up his hands and pass over what money and valuables ho pos sessed. Recognizing the voice Mr. Crouch paid little heed to tho command, but on the contrary, said: "Buck, what in h do you want to hold me up for. I have a notion to have you pinched." Undoubtedly realizing that his Identity was known the hold up man made no further effort to ac complish his desire, but without hesi tation took to his heels and ran. Aside from Mr. Crouch, the pros ecuting witness, several other Oak land people have boon summoned to appear before the grand Jury and re veal what they know regarding the affair.' CENSUS KXOIEHATOH. . . Will Hold Tests for VurloiiH Count leu on February 5. In a circular sent out by R. J. Hen dricks, census supervisor for tho first diHtrlct, with headquarters at Salem, GOOD HARTH'S i ' ' - $15.00 Suit or Overcoat $11 At $18.00 Suit or Overcoat .j Ulil.SO " ' $20.00 Suit or Ovoicout $18.00 , , . $22.60 Suit! or Overcoat l 0.8.1 $25.00 Suit or Overcoat $18.75 .... ' ' I This Winter -Weight Regal Style Has The New York Custom, Tag The original of this identical Regal style u now on display in one most exclusive and highest - price custom shoe shops in New Yotlc and is now being worn by the best-dressed New York ers. This Regal style it made of heavy Oil-grain leather, especially (or winter wear. REGAL SHOES grr tk SftJH perfect 61 and comfort 11 cuftom.Buill tso docsum tHer us Badeil qumHa-tiit. W would like youtocoBparaour Ule Kegil models will i fai txUr shoes is tomr-hx we know that Kenala will aaia by the compariaea, .!'... . I ... - H&rth's Toggery the supervisor stutes that applica tions of census takers must reach his office not later than Janunry 31. Those wishing to make application can secure the necessary blanks' by addressing Mr. Hendricks at Salem, Oregon. On February 5 examinations will be held In this county at Hose burg, Riddles, Oakland, Drain and Gardiner. ' 1 ' ! ' THIRTY PERSONS PER ISH IN FLOODS (Special to The Evening News.) . Paris. Jan. 22, Thirty persons are dead as the result of floods that have swept southeastern France during the past three days, according to to day's advlcos. News from the Btrlck en districts is very meagre and It la feared the casualties greatly exceed the number, above stated. Although ' the Bwollen rivers are still rising there Is hupe that the high water mark will be reached before tomor row. . . .. , ,. . . , ,,, IXCOMK TAX MAY BH VOID. Attorney. Cieneral of Opinion Tiaw Is liepcuh'tl by Implication; 1 - 1 Snlom, Ore., Jan.1 22. Attorney Oenornl Crawford has written the stnto treasurer's office that decisions of the courts indicate that the law passed In 1107 providing for' the levying of a two per cent' gross In come tax on the earnings of corpor ations was repealed by Implication by chapter 2 of section 28 of- the Inws of 1909, which provides that lit fixing the valuation of the property of corporations the franchises shall be taken Into consideration,. 1 ' STOLE "GOLDEN" EGG. Orpington lien ..Prize Egg Tukes Wings. Scranton, Pa.: Jan. 22. There was consternation yesterday at the Scran ton poultry show when It was discov ered that an egg laid by the 11200 prize-winning rpington hen, Lady Washington, had been stolen from the coop In which she was kept. It had been laid only a short time before, F. O. Megnroe, owner of the hen, has of fered a large reward for the return of the egg. . "DON'T DELAY BUY ING ONE OF THOSE TOGGERY SUITS. of the $350 $400 $500