m
THE WEATHER
LOCAL FORgCAST
Occasional Rain Tonight and
' Thursday
ADVERTISERS
Will riudTlui Kvculng- Now
tllll lHt IIIC4IIUU) tO IHMldl the
puopluof Ituftt'buir. A wll-n-wnku
iulil lent Ion prlntlnr
all the nowi tlint fit to print
ROSEBURG, DOUGLAS COUNTY, OREGON, WEDNESDAY, JANUARY 26, 1910
VOL. I
NO. 72
Callahan's Testimony Impll
cates Hermann
WITNESS AN ATTORNEY
Today's 'lVstlimi:y is First That Hub
TMrectly Implicated Defendant
with the llllH' Mountain
r Conspiracy.
(Special to The Evening News)
Portland, Or., Jan. 26. For the
first time in the history of the trial
Blnger Hermann was today directly
connected with the Mays and Jones
activities in securing school lands
in the Blue Mountain Forest Re
serve, and that the defendant had
full knowledge of the deal was set
forth in the testimony of Emmett
Callahan, a Baker City attorney
whose evidence was taken this morn
ing.
"Callahan, why bother about It?"
Hermann is quoted as having said
during a confreence at Washington
concerning the Blue Mountain re
serve, "it is only a matter of some
200.000 acres, and the state will
benefit by the transaction, as well as
a few men, and tnese men are au
our friends and Oregonians." This
In substnnce Is the conversation that
Hermann had with Callahan, as told
by the Baker City attorney on the
witness stand today. Callahan con
tinued by saying that Hermann had
mentioned Mays and Odell as being
the two Oregon men who would ben
efit by the creation of the reserve.
Portland, Jan. 26. So far as
could bo learned from Attorney He
ney last night, the only material
witness remaining to be examined
by the Prosecution is Professor
Roth. Mr. Koth was chief clerk of
the department of forestry under
Hermann in 1901-2, while Hermann
was commissioner of the general
land office. He Is relied upon by
the government to Identify three im-
"i t int but unsigned letters relating
to the creation of the Blue Mountain
reserve, which were mulled from the
commissioner's office in September,
1901. It Is contended by Attorney
Heney that Hermann neglected to
sign these communications purpose-
Tetters Introduced.
In introducing as evidence several
letters which passed between Blnger
Hermann and Senator Mitchell in
1901-1902, Attorney Heney, for the
government, yesterdny aimed to
show that at the very time Her
mann was receiving letters from
Colonel Zubrlskl, exposing and de
nouncing as fraudulent the opera
tions of Hvde und Benson In school
lands, Hermann was giving bis per
sonal attention to application of F.
A Hvde for the exchange of a large
acrea of school land within forest
reserves for valuable land outside
the reservations.
The introduction of this corres
pondence was resisted stubbornly by
Attorney Worthington for the de
fense, but Judge Wplverton ruled
that the letters were competent as
alleged to connect the defendant
with the alleged unlawful scheme.
Defense Objected.
"I object to the introduction of
these letters," said Attorney Wor
thington when the first communica
tion was offered by Attorney Heney.
' "There Is nothing In these letters to
show that the lands offered by Hyde
for exchange had been acquired Ir
regularly. These letters refer alto
gether to another transaction and I
iniist that the prosecution should
not be allowed to drag Into the trial
of this defendant the operations of
Hvde and Benson or those of any
other persons. It appears to be
'an attempt on the part of the gov
ernment at the last BtaRe of its case
to drug the Hyde and Benson trial
Into this case. It Is practically an
admission on the part of the govern
ment that It haB no case against the
defendant. It is not material in the
ense on trial whether Hermann act
ed honestly or dishonestly In con
nection with the Hyde and Besnon
transactions. They have . nothing
whatever to do with the case on
trial. There should be some limit
'to which the government may be al
lowed to go In conducting the pros
ecution of the defendant."
"By the introduction of these let
ters." answered Attorney Heney.
"the government will show that
from October 9. 1901, when this cor-
respondence began, until late In
June, 1902, or just before, the lands
in the Blue Mountain reserve were
withdrawn, Hermann, the defend
ant, at the request of Senator Mitch
ell, was giving his personal attention
to numerous applications of F. A.
Hyde and doing all In his power to
expedite the exchange- of school
lands within the reserves for land
without and at the same time was
In correspondence with Zabrlskl.
who had Informed him of the fraud
ulent operations of Hyde and Ben
son. These letters from Zabrlskl to
Hermann were written in April.
May, June and July. 1902. We will
also show by this correspondence
that Hermann purposelv deferred
acquainting Secretary Hitchcock of
the frauds being committed by Hyde
and Benson and others, of which
he had knowledge, through the ex
change of school lands within re
serves for more valuable lands out
side. It will also be apparent that
the reason ho did not convey this
information to the secretary of the
interior was because he feared that
if he did. It might interfere with the
creation of the Blue Mountain For
est Reserve, which he would recom
mend in the interest of his friends.
Objections Overruled.
"From the beginning of this
trial, said Judge Wolvertou, In ov
erruling the objection of the defense,
"the court has exercised the discre
tion of allowing the prosecution to
put In such evidence as was deemed
best and valuable for ttie govern
ment. For that reason the prosecu
tion has not been required'' to es
tablish the alleged conspiracy at the
outset of the trial. These letters ap
pear to he only another Btep In con
i.ectlon with the Zabrinskl letters
which were 'offered for the purpose
of showing that many frauds were
being promoted by many people for
tne purpose or acquiring, school
lands on that basis. The letters
show that Hermann had before him
applications for such selections and
was acting upon them. There Is no
attempt on the part of tho govern
ment to retry he Hyde and Benson
case. The letters will be admitted
for the purpose intended and the
aerense will be allowed an excep
tion." The first letter from Mitchell to
Hermann was dated October 9, 1901,
and included applications, principal
ly from Hyde, for the selection of
lieu lands outside of reserves in ex
change for several thousand acres
of school lands he had acquired with
in tne resrves. In his letter Mitchell
advised Hermann that the applica
tions were those of "friends." He
expressed the wish that Hermann
would give the applications his per
sonal attention and have t,hem mark
ed "special" so as to Insure their im
mediate consideration. Two other
letters from Mitchell to Hermann,
dated January 25 and June 3. 1902.
both Including additional applica
tions for lieu land selection, were
also read.
Hermann Offers Assistance.
The replies of Hermann to Mitch
ell's letters were also read. The
commissioner assured the senator
that the applications had been re
ceived and in every instance , the
status of each selection designated
in the origlnnl application furnished
by Hyde was furnished. On one or
two occasions, Hermann supplement
ed his formal reply with a personal
note to Mitchell. Appended to one
of Hermann's answers was the no
tation in his own hand writing: "Ap
plications have received my personal
attention and will go forward at
once to completion." In another let
ter, Hermann notified Mitchell that
tho applications would receive im
mediate consideration and probably
would be advanced to patent "very
soon." . The dates of Hermann's let
ters replying to Mitchell, were: Oc
tober 10, 1901; January 30 and
June 9, 1902.
LOCAL NKWS.
S. J. Jones was a visitor at Dll
lard on Monday.
Itev. Short, the Baptist minister
at Melroe, is holding a series of
evangelistic services. . He was as
sisted on Monday and Tuesday ev
enings by Rev. E. N. Eaton of this
city.
Clyde Catching, of Independence.
Oregon, arrived In the city this
morning to spend ten days visiting
friends. Mr. Catching resided in this
city several years ago, having been
employed ns driver for the local
stage company.
Word was received in the city this
morning to the effect that Hon. J. O.
Booth, of Grants Pass., passed away
last evening, death resulting from an
attack of ptomnine poisoning. The
deceased was 62 years of age and was
well known in this locality where he
resided for nearly a quarter of a cen
tury prior to his removal to Grants
Pass nbout 1 2 years ago. At one
time he served the people of Douglns
county as county Judge and was also
for a number of years superintendent
of the county poor farm. Aside from
a wife he leaves a son and daughter.
father and mother, Robert Booth and
wife, of Salem: three brothers, J. H.
Booth, of Roseburg; R. A. Booth, of
Eugene, and W. A. Booth, of Prlne-
vllle, and seven sisters, Mrs. Keyes, of
Salem: Mrs. Belknap, of Benton coun
ty: Mrs. Heckfitt. of F.ane county:
Mrs. Peterson, of rtronts Pass; Mrs.
Mee. of Ashland; Mrs. Edward Sin
gleton, of Roseburg. nnd Mrs. Tony.
of Eastern Oregon. The funeral will
be held nt Grants Pass tomorrow af
ternoon. All of the relatives from
this city expect to attend, leaving for
the southern city this evening.
Francis Marlon Strickland, a pio
neer resident of Douglas county, pass
ed away at his home at Looking
Glass at a late hour last evening, after
a lingering illness, death being caus
ed by a complication of diseases. The
deceased was born near White Hall,
Green county. 111., on May 19. 1 833.
In the year IS 49 he went to Iowa
where he resided until the spring of
1851, when he crossed the plains, lo
cating In Jackson county, Oregon. At
the outbreak of the Rogue River In
dian wars he enlisted as a private un
der Contain T. J. Gardiner of Com
pany O. Ninth Oregon regiment, re
maining In the service until the close
of the war. He was married In the
vear 1 870 to Mrs. Mary A. Miller and
has since resided In Looking Glass
valley. A man of unquestioned In
tegrity, he was highly respected and
esteemed by all who knew him. He
leaves an aged wife and two children.
Mrs. Mark Montgomery, of Junction
City, and Alfred Strickland, of Look
ing Glass: also three stepchildren.
Tnhn H. Miller, of Portland; Wiley E.
Miller, of Looking Glass, and Mrs. R.
M. ranltll, of Umpqua.
Recommend thatCounty Books
Be Experted Immediately
FIND IRREGULARITIES
Jury Also Recommends That Count'
Purchase a Pour Farm Near
ltoseburg Several Healed
Indictments Returned. ,
After a very busy session lasting
nearly eight days the grand jury took
a recess late last evening until some
future date On account of the dis
charge of the circuit court Jury early
in the tarni most of the Indictments
returned by the body were sealed,
this delaying the hearing of those
charged with the various crimes until
the regular May term of the circuit
court. It is said that eight Indict
ments were returned by the grand
Jury during the closing days of the
session. 'Following Is the final re
port submitted by the .grand jury
prior to adjournment:
In the Circuit Court for Douglas
County, Oregon To the Honorable J
W. HmalltoR, judge.
We, the Grand Jury of Douglas
County, Oregon, beg to report as fol
lows: We have visited the Beveral county
officers and have been courteously
treated by tho several officers In
charge: also the county Jail. We find
the jail In an unsanitary condition.
We also find that the occupants of the
Jail are wed red. We have not been
able to visit the county poor farm. It
'"ohiF seventeen miles from the coun
ty seat over a bad road.
We have carefully looked into and
examined Into the several crimes th-t
have been reported to us. We have'
brought some indictments and have
exonerated others for insuft'icioncy of
proof.
We find that the desk room of the
sheriff's office Is Inadequate and
recommend that there be a larger
and more commodious table furnish
ed that office.
We' recommend that the county jail
be put in a more sanitary condition.
Touching upon the several county
officers as regards to their duties, we
find some irregularities, and we rec
ommend, that the county financial rec-1
lng July 1, 190H, when they were ex
perted by Alex Rae.
Touching upon the care and keen
ing of the poor, it Is the opinion of the
grand jury that the poor limine to too
far from the county seat to render It
possible to give those unforunate peo
ple proper care and medical care;
therefore your grand jury recom
mend that the county court pur
chase a tract of land near the comi
ty Beat and take steps to build a
county home for the poor.
Physicians must make their reports
as required 1y law to the county
health officer.
Having completed our labors we
ask to take a recess to some future
date. I Respectfully submitted.
G VI A NT LRKENS, foreman.
R. S. JOHN'S.
G. W. DIMMICK,
A. B. MKLVIX.
I,. H. MORGAN,
R. C. ARNOLD.
10. H. ATTINGKR.
PARIS IN DANGER
FROM HIGH WATER
Paris, Jan. 20. This afternoon
the chamber of deputies went into a
special "calamity" session, following
the reports that the city was face
to face with a terrible ratnstrophy.
which it Is feared will result during
the night from the constantly rising
water. The towns of Nugent nnd
St. Maur are completely inundated,
and the cabhiet this evening esti
mates the loss throughout France
from the great floods now devastat
ing the country at $180,000,000,
with a strong probability that the
damage to property will reach at
least S?r,0.000,ooo. The Sffne ip
roaring and Its fury Increasing hour
ly by the great weight of waier that
is coming down from above Paris to
night, and grave fears are entoriain-
d that It will burst nil barriers and
spnd ItB floods sweeping through
the city.
COXTltOIXKI) HY RANKFKS.
New Paper nt Klamath Falls Start
With Cnpltjil of $8,0OO.
Articles of Incorporation were filed
this morning with the county clerk
by the Klamath Publishing company,
says the Evening Herald. The incor
porators are : George. T. Baldwin.
Levi F. Wllllls, Fred Melhase and
Alex. Martin. Jr. The capital Btock
of the concern Is $8,000 and Is di
vided into 800 shares at f 10 each.
If it were not that the capital stock
were so small It would lead one to
believe that it was the Incorporation
of a new hank. Baldwin Is the pres
ident of the First Trust and Ravings
Bank. WilHtn. president of the First
National; Melhase. president of the
American Bank and Trust Company;
and Martin, cashier and active head
of the Klamath County bank. That
Is a pretty hard combination for the
Herald to run up against, Dut then,
Ol'F FOR PORTLAND.
The following well known
Roseburg citizens leave for
Portland on train No. 16 this
evening, where they will at-
tend the closing arguments in
the celebrated Blnger Hermann
trial, now attracting the atten-
tion of Judge Wolverton In the
Federal court. The party will
travel by special car a 8tand
ard Pullman especially equip-
ped for tho occasion:
K. L. Miller, physician: J. F.
Barker, manager J. F. Barker
& Company Implement Store;
J. A. Buchanan, attorney at
law; J. O. Watson, attorney at
law; A. N. Orcutt, attorney at
law; John T. Long, attorney at
law; Joe Micelli, secretary and
treasurer Roseburg Brewing &
Ice Compnny; Frank G. Micelli,
attorney at law; George M.
Brown, district attorney; H.
Marks, retired merchant: A.
Creason, capitalist; D. R. Sham-
brook, member Farmers Real
Estate Company; H, T. McClal-
len, proprietor McCtallen hotel;
M. C. Miller, cattle buyer; E. L.
Parrott, cattle buyer; J. W.
Perkins, secretary Douglas De-
velopmem company; B. W.
Bates, editor News; F. B. Al-
ley, land attorney; Frank B.
Walto, capitalist; W. H. Fisher,
cashier Douglas County bank;
C. J. Denning, retired merch-
ant; W. J. Moon, agent New
York Life Insurance company;
J. B. Zurcher, member Com-
mereial Abstract company; W.
C. Harding, manager Harding
Land Company; W. R. Vinson,
farmer; Frank Conn, retired
fnrmer; Dr. George E. Houck,
physician.
The special car chartered for
the occasion will be at the dls
posal of the party any time af-
tr 9 o'clock this evening, be-
ing stationed on a side track
near the depot.
we had our choice. We might have
supported the Interests of the banks,
but as we refused, we suppose we
will have to take our medicine. We
would advise the Incorporators not to
neglect their banks In the Interest of
the newspaper, as there is nothing
In it.
FIGHT NKHMiTH COUNTY.
Kugeno Conimfrclal Club Selects
f Committee to Come to Roseburg,
At the monthly meeting of the
Commercial Club last, night C. S.
Williams was directed to name a
committee of twenty to go to Rose
burg on the laBt Saturday in Febru
ary to confer with like committee's
from Roseburg, Springfield, Junc
tion City, Coburg and other com
munities to arrange to fight the
movement to create Nesmilh county
out of the southern portion of Lane
and the northern portion of Doug
las. Mr. Williams will name his
committee probably tomorrow, Pres
ident Thompson, who is county
judge, declining to take part in the
county division controversy.
Judge Thompson's stand on this
question provoked a live discussion.
C. S. Williams and K. M. Wllkins
contending that tho Judge and com-,
mlsslouers should lead the fight i
against the proposed dlsmembermnnt
of Lane county, while Cot. J. M Wil
liams defended the Judge. Finally it
was agreed that C. S. Williams
should name the committee.
GOKS TO POOR IIOl'SK.
Whisky (Jets the Rest of "Goo Goo
r.yes" Author.
Detroit, Jan. 2fi. Hugh Cannon,
who wrote "Goo Goo Eyes." "Ain't
That a Shame?" "Bill Bailey" and
other classics of rag time, was sent
to Elolse poor house today nt the age
of 36. Ho told the story of bis life
fn short, expressive sentences:
"I unit the cocaine easy, he said,
'15 days In Jail cured me of that. I
hit the pipe In New York for a year,
and slopppd that. T went up against
the morphine hard and quit; nut
booze, red, oily booze, that'H got me
for keeps.
T strted when I was 16. I am :k
today and, except, for seven months Q
on the wagon, I ve heen pickled most
of the time. It was 20 years 20
black, nasty, sick years with only a
little hrjuhtness now and then when
I made good with some song."
KfXDAY KCHOOr. INSTITITK.
Dr. J. D. Snrlngston, of Portland,
will conduct a Sunday school insti
tute at the naiitlst church Wednes
day and Thursday. Afternoon ses
sions will he held from .1 to 4
o'clock. Evening sessions will be
gin at 7:30. I.'r. Sprlngston will he
assisted by Itev. C. II. McKee. of M.'-
Minnvllle. Everybody Invited to at
tend. , 1
A new word has been coined nt
the aviation field. It 1b "aerontitty."
The population of Los Angeles gave
an exhibition of this peculiar form of
Insanity recently. Through the rain
they went in droves to the field.
standing In the mud along the fence
or holding down dripping seats in
the grandstand. They started out In
wagon loads from nearby towns and
farms and In automobiles from the
city. The mud stopped many of
them and the road to the grounds
was strewed with unhappy bands of
stranded pilgrims.
1,1
Floods in France Pauperize a
Properous People
FED BY CHARITY HAND
Ruin Falling Almost Continuously.
Weather Bureau Predicts Mure
Storms Refugees Fed ut
l'u bile Kitchens.'
(Special to The Evening News)
Paris, Jan. 26 At dawn this morn
ing thousands of the flood vxitma,
many of whom have not tasted food
for two days, wore standing in the
soup and bread Hue? leading to the
public kit -hens wtahllshcd by the re
lief fund which was mined by weulthy
Parlsinns, awattliirt their turn to got
a morsel to oat. Mosr, or those peo
ple are In a wretched state, und the
floods have swept nw;iy th- lr homes
and crops. le:i'ln;r Hum) pitl:ib!e ob
jects of the chnrity of the rich and tno
government. There is no ininii'dfnte
indication thai the wutai will recude,
but rather the flood is still rising. A
heavy fall dl Bnow occurred again last
night, and this morning lha weather
moderated and a thaw set In, which
fact adds to the destitution alrealy
prevailing, fia 'he rlvors and btreams
are overflowing their banks and -.ar-rying
destruction broadcast. The gov
ernment weather bureaus predict no
Immediate change in the conditions,
unless It Is to say thai more rain Is
declared likely to fall today and to
night. The inundated district cov
ers a large territory, and fully 200,
000 people have been made homelesr
by the floods.
PROBING PINCHOT
BALLINGER CASE
(Special to The Evening News)
Washington, D. C, Jan. 27. Ac
tual probing Into the famous Bal-llnger-Pinchot
controversy benn to-
run
GOOD HARTH'S TOGGERY SUITS
lS.O0 Suit or Overcoat $11.25
$18.00 Suit or Overcoat (jtlil.no
J20.00 Suit or Oveicoat $1.1.00
$22.50 Suit or Overcoat H1I0.KIJ
J25.00 Suit or Overcoat 18.7B
This Winter - Weight
Regal Style Has The
New York Custom Tag
The original of this identical Regal
style is now on display in one
moat exclusive and highest -
piicc
custom shoe shops in New Yoilt
and is now being worn by
the best-drened New Yort-
en. J "is ivegai styie a
m-v , o- .
leather, especially for V
winter wear.
REGAL
five tKa Mae perfect fit end comfort
medeio quarltt-tlitt. We would like you
ut other ihoca ia town lor we kaow
H&rth's
day, when L. R. Glavls, who was re
moved from the office of chief of
the field division of the general land
j office by President Taft, was called
before the Jclut committee of con
gress to Bubmlt his testimony. The
taking of evidence In this matter
will place on record the most minute
details concerning the manner In
which the disposal of the public
lands has been made under the di
rection of Balllnger. Every phase
of the Cunningham Alaska coal
cases, with a vast amount of Infor
mation regarding other cases will
be brought under the lime light of
tee InvMstlKating committee. Not
only will the congressional commit
tee hear the evidence here, but will
make a special trip Into the north
west the coming summer, which will
Include Alaska, and there expects to
delve to the bottom of the charges
that the government nns been de
frauded out of the most valuable
coal deposits known to exist there.
YREKA WANTS CAPI
TOL OF SISKIYOU
(Special to Tho Evening News)
Yrokn, Oil., Jnn. 26. The move
ment Btarted some time ago to create
a new state out of the fourteen coun
ties comprising the northern part of
California and the southern portion of
Oregon, Is gaining' ground In thlB boo
tlon. Yroka, the present county neat
of Siskiyou county. Is slnted for the
cupltal of the proposed state', and the
promoters of the Bchcme Insist that
the territory to be Included In the
new state of Siskiyou Is the richest
part of the Pacific coast. The citizens
of Yreka are very much enthused
over the proposition.
BODIES TAKEN FROM '
.UNDER LAND SLIDE
(Speclnl to The Evening Nev. s )
Butte. Mont., Ja;i. 26. The third
body, that n' n unidentified for
eigner, was romov- m tho mass
that forms the enormous land slide
which blocked the Great Northern
railway IracK near Highgate yester
day.. Since tho occurrence of the
slide a force of men has been kept
at work without Interruption to
rlonr th trnck.
WONT DELAY BUY
ING ONE OF THOSE
of the
$350
$400
$500
SHOES
ti custom-built thoei became tkcjr we
to compueour Ulcrt RcmI model with
that Kcr&U will uin by the comparuoo,
Toggery j I