THE WEATHER
LOCAL FORECAST
Fair Tonight and Friday,
ADVERTISERS
Will flwr.Tue tvtninr.Nwi
the btt uitHlluiu to reach tha
ptHiplfof Itofcoburg. A wide
wake publication printing
all th twwathnt'itnt tourln
r
VOL. II.
ItOSEUUltQ, DOUGLAS COUJiTY. OREGON'.
THUW1UY, MAItCII 10, 11)11.
No. lit
IS HELD
Was Not Justified in Firing
The Fatal Shot.
MURDER IN SECOND DEGREE
Was Arraigned Late Last Kvening
and Released Upon Honds In the
Sum of $7,500 To Appear
Before Grand Jury.
defense. Arthur Cloake and M. L.
Webb, who entertained the opinion
that McClallen should be held to
await disposition at the hands of
the grand jury, argued that the
wounds were the best evidence, and
that Mahan must hare been standing
with his back to McClallen at the
time the fatal shot was fired. Neither
of these men would submit to return
ing a verdict exonerating the de
fendant. Kor more than nn hour
the jurymen then discussed the con
dition of the wounds, as well as con
sidering other evidence pertaining to
the shooting.
Finally, the four jurymen, favor
ing a verdict of "justifiable homi
cide," agreed to sign the above ver
dict In the event the following
clause was inserted:
"We, the coroner's Jury find from
the evidence that the defendant, Hoy
McClallen. had good reason to fear
that his life was in danger.1
After deliberting over six hours
the coroner's jury empaneled to in
quire into the means and manner of
the death of Benjamin Arthur Ma-1 Having no objection to the inser
uau, wniui .iiuuuu "'ft" tion of the above clause the verdic
tragedy, returned a veraici snoruy Wftg then RRned flnd fl!ed with the
after 10 o clock last evening, in! coroner, who in turn submitted it to
wmcn tney neia mai uoy .Mcyaneu , the consideration of the district at
who fired the fatal shot, had Kod!torney.
reasons to fear that his life was in
danger, but that he was not justified
in firing the third shot, which was
responsible for JMuhan's death.
Verdict In Detail.
The verdict as returned by the cor
oner's jury follows:
In the matter of the coroner's In
quest held by N. T. Jewett, coroner
of Douglas county, Oregon, which
inauirv was held at Roseburg, In
Had the four men, alleged to
have favored the verdict of "justi
fiable homicide" insisted, they could
have returned such a verdict Inas
much as only two-thirds of the jury
men must concur in finding a coro
ner's verdict.
Penalty Is Life.
According to District ' Attorney
Geoiee M. Brown there Is but one
penalty cited In the statutes for the
said county and state, on the 14th i crime of murder in the second de
and 15th days of March, A. D., 1911
for the purpose of inquiring into
.tne means and manner of the death
of Benjamin Malum and for the pur
pose of giving a true verdict there
on, according to the evidence offer
ed to the jury, and arising from an
inspection of the body.
We, the jury, duly empanneled
io inquire into the circumstances of
the wounding and killing of a hu
man being in Douglas county, Ore
gon, find:
That the name of the person kill
ed is Benjamin Arthur Mahan.
That he came to his death on
.Jackson street, in Roseburg, Doug
las county, Oregon, on the night of
March 13, 1911.
That he was killed by being shot
with an automatic pistol.
That from an lnsiwulion of the
body we find that the wounds upon
his body indicate that he was btruek
by four leaden bullets.
That one shot was through the
left hand; that one shot was through
the right arm; that another shot
was in the back and ranged for
ward lodging underneath the breast
bono.
That the shot in the back Inflicted
the fatal wound that caused the
death of the said Benjamin Arthur
Ma han.
That the fourth shot grazed the
bod v.
That we find that the shots in the
body of said Benjamin Arthur Ma
han' were fired from a gun, namely,
the aforesaid pistol, held In the
hands of Roy McClallen.
That said lto McClallen purpose
ly dischaiged said gun at and to
wards the said Mahan with intent
to kill him.
We. the coroner's jury find from
the evidence that the defendant. Koy
McClallen, had good reason to fear
that his life was in danger.
'inat the jury further finds that he
was not justified In firing the shot
that took the life of the said Benja
min Arthur Mahan for tho reason
that the fatal shot was fired in his
back.
(Signed.)
M. L. WKItll.
AKTHl'R CLOAKE.
ABNKR KIDDLE,
JOHN HALL.
.1. M. DONNELL,
W. C. WINSTON.
MeCliillcii Is Arraigned.
After examining tho verdict re
turned by the coroner's jury at some
length, and ascertain ini; that they
held that McCiallen was not justi
fied in firing the fatal shot. District
Attorney Geuitie M. Blown, who' con
ducted the examination of witnesses
on behalf of t he state, pu in tunned
Justice of the Peace Reuben Mars-,
ten, with whom the vetdict was fil
ed. Holding that the verdict warrant
ed the detainment of McClallen. a
warrant was issued charging him
with the ciime of murder in the
second degree, t'pon issuance of the
arrant, McClallen was served with
the necessary papers, and upon ask
ing for an immediate preliininai V
hearing, was escorted to the olhce- of
Justice of the I'eace K-nuben Mars
t i s wheie he waived examination.
Cpon motion of Attorney W. W.
Card well, representing tho defend
ant, he wan released from custody
under bail in t he sum of $ T.f.fHi.
According to t he foregoing proce
dure. MrC! alien will enjoy his lib
crtv until such time as the circum
stance;; surrounding the affair can.
be inve tinned by t he grand jury,
in r-nlar evsion d tiring the May
iern;l f the circuit court.
Juror- Wrangle,
.'cording to one of the members
of tli coroner's jury, frequent
changes in opinion featured their de
liberation, and not until nearly 10
oYiock did they decide upon a ver
dict. For more than an hour, four
of the Jurors hung nut for "Justifi
able Homicide," contending that thp
threats alleged to have been uttered
by Mahan previous to the shooting
furnished excellent grounds for self
No Ammunition Unloaded at
San Antonio
Ten Blocks of City Already Destroy.
"d Sinking Kx press Teamsters
Will Accept Arbitration
Found Maneuver Field.
FliNlIAIlIj
partmont expects to have the flames
under control before night sets in.
Accept Arbitration,
NEW YORK. Mar. 1 6. Accepting
Mayor Gaynor's proposal to arbi
trate, the 1500 striking wagon driv
ers for the Adams Express Company
returned to their work today.
Maneuver Field Found.
WASHINGTON. March 16. Gen-
FIRE THREATENS PENSACOLO rvm,,,t from s ieB ,.; TROOPS BARRACKS DYNAMITED
no iius luuiiu u nem lavoraoie lor
army . maneuvering at La Mesa, IS
miles from San Diego, and that he
will encamp there temorarily with
two regiments.
Mellier Case Closed,
ALBANY, March 16. The case
against Mrs. Mother, who has been
on trial for some time, charged with
murdering her small son near Al-
gree, and that is life imprisonment
in the state penitentiary. Murder in
the first degree is punishable by
death, while manslaughter, a less
serious offense, carries with it a
penitentiary sentence of from five to
twenty years.
(iosslp Is Prevalent.
The verdict returned by tho coro
ner's jury, empanelled to Inquire
into the death of Benjamin Mahan,
is the sole topic of conversation pn
the streets today, and In some ins
tances the members of the body are
criticised. In other Instances the
verdict Is accepted as just. Some
persons claim that McClallen was no
more justified in firing the fatal shot
than the preceding ones, regardless
of the position of the victim. Others
say that In the event he was justified
in firing one shot, he had a perfect
right to empty liL; revolver. It is
also said that the findings of the
jury relative to McClallen being
afraid of Mahan furnished sufficient
grounds for self defense, and that
he was justified In drawing his re
volver in the event he feared his life
was in danger. Contrary to the lat
ter contention, others claim that Mc
Clallen bad no right to draw his
revolver for the reason that Mahan Is
alleged to have made no demonstra
tion at the time.
The verdict has resulted in much
speculation, principally for the reas
on that it appears inconsistent. It
is said that the verdict, as interpre
ted by many, both exonerates and
condemns the defendant, and is not
specific.
Funeral Is Held.
The funeral of the late B. A. Ma
han was held at the Roseburg Un
dertaking Parlors at 10:30 o'clock
this morning under the auspices of
Laurel Lodgo No. 13. A. V. & A. M.,
of this city. Interment following nt
the Masonic cemetery. The funeral
was largely attended, and it is esti
mated that nearly a hundred Masons
were present. Tho body lay in state
at the morgue from 9 until 10
o'clock this morning, and were view
ed by hundreds of the deceased j
Mends. '
During tho hour of the funeral I
little business was transacted In the
city, in due reverence to the mem
ory of the deceased, who was well
and favorably known In this commu
nity. Among those from nut of town
who attended the funeral were Mr.
nnd Mrs. E. B. McCord. of Portland.
tho latter a sister of the dead man.
CriticUm .Alleged l iijust. j
Considerable crit icisiu has, been ;
heard today relative to the action '
of Justice of the Peace Itenb-n Mars-j
ters in admitting McClallen to bail,?
and in some instances persons have ,
gone so far as to contend that the;
justice had no legal right to act Inj
this regard. The statutes of Oregon
provide that where tho evidence '
against the defendant In a murder j
case is strong, he cannot be admit-!
ted to bail. In the event the evidence;
is not considered strong, how ever, :
a defendant can be released upon
posting sutlicienf ail. such being
wholly in the discretion of the mag-i
iatraie. j
Justice Marsters heard all the evi-1
dence during the, inquest, and for j
that reason should be com pet-nt to I
judge whether or not the evidence-!
was strong. t
As a u Must rat inn. Nicholas .
Jones, v ho was indict"d by a grand
jury in Douglas county several years
ago acci.M'd (,f one of the most d-;
eloraMe murders evr committed in
ihW section of the stale, was n-Iea.-ed ;
by Judge pipes upon furnishing bail,
in the sum of $".uiio. Justice Mars-'
ters compelled McChiMen to post bail;
in the sum of 17. r.oti. or an iri' i'"us.'l
of $2,''mi over t he bond a-k'-d by
Judge Pipe in the circuit court.
La to t h j afternoon the Jury
brought in a verdict of murder In
the second degree.
(Special to The Evening News.)
SAN ANTONIO. March 16. Al-.uany. N. Y.. a few weeks ago. went.
though 14,000 troops have arrived!10 ttle JurV this afternoon.
and are enacmped here, the govern-J '
ment still holds at this place nearly LOCAL XFWS
every one of the cars used in trans
porting them and their equipment.
The ammunition has not been un- Dr. P. H. May, D. C, office room
loaded from the cars, but is held In No. 6, Bell Sisters bldg. tf
apparent readiness for a quick
change of base. The first of the Carl Busch leaves for Klnmath
promised "maneuvers" occurred to-. Falls tomorrow where he will ar
day, when several regiments were or-1 range a wrestling match with Dyre
dered to conceal themselves In the i borg. He will return here iu a few
country near by while Lieutenant 1 days.
Foulois and Aviator Parmalee were I
detailed to do scout duty In an County Judge G. W. Wonncott Is
aeroplane In order to discover the1 busy today taking the evidence of
number of men at the guns and the A. N. Orcutt and J. C. Fuilerton
position of the troops. j pertaining to the will left by the late
MEXICALI, March 16. Louis I Edgar !. Hewes, who recently died
James, an American, was arrested j at Portland.
today while attempting to run the
cause the Mexican railways refused
to comply with Madero'a order to
cease transporting federal troops,
tho rebels today began a campaign
of bridge destruction, according to
the Revolutionary Junta here todav.
Strikers on Southern Railroad ,hlc? vrwuvis that an rati commu-
... . . nlcation into the interior of Mexico
AttaCK Lngtne "ill bo stopped wltnln two days. It
I aiso itemed mat Madero is suing for
peace, as reported.
Fierce Storm on KrJe.
CLKVKLAND, March 16. Kight
sailors lost their lives in the storm
l.cn Tn, . Out of lied.',, ihuw .V.UI1 mtatag It to
I preuiciea tmu mo fleam Hat will ba
pxtundod. Seven men perished when
the ttshluK tuB Silver Spray sank In
I the heavy ea outside the Cleveland
j hrenkwnter. The tugs Monarch and
Gerald 1), badly battored, reached
port today. Two bodies have been
recovered. , .
Hut Ximo Fatally Hurt .Ma
dero Will lH'stroy Hull.
roadH unit HriilgeN.
border blockade with a quantity of
ammunition, presumably for the In
surgents. Rebels are entrenching,
indloatliiff that they are preparing
to put up a strouu reslstence if the
federal troops should cause the re
treat of IlortholU.
I'onsaroln Hurtling,
PENSACOI.A, March 1(1 A fac
tory near the depot in Pensacola,
Florida, took fire today and the lire
men aro apparently powerless to stop
-th '.spread of -t lit- flnmes, which
threaten to destroy the city, A high
wind Is blowing nnd already the
fire has swept ten blocks and is
still hiirnlritt fiercely. Tho populace
is panic stricken and fenra are en-
Sheriff George Qulno received a
lotter from A. Wilson, superintend
ent of detectives, at Oakland, Cal.,
this morning to the effect that Ed
ward Clements, the bogus jail Ins
pector, who is charged with forgery.
was arraigned before ft magistrate
at that city Tuesday, and held to ap
pear In the superior court at a later
date. His bonds were fixed in the
sum of $2,000, and being unnhle to
(Special to The Evening News.)
SOMERSET, Ky March lli.
Armed strlkors and mountaineers at
tacked a Queen & Crescent railway
company engine , in tho mountains
near here today, shot and fatally
wounded Fireman Powers, a white
strike breaker. The engine was un
der the protection of a guard, but he
Is missing nnd it is believed that ho
was killed. Fireman Powers, how
ever, says Mint tho guard refused to
return the lire of tho mountnlneers.
The loss to the railway company
from the strike to dato is estimated
at one million dollars. All rail traf
fic between here and Oakdale Is
at a standstill, and Governor Wilson
has ordered the Pulnskl County
sheriff to deputize BOO men to pro
tect tho proiierty of tho company.
Ilarracks Hloun l .
EL PASO, March 111. At mid
night the barracks of the federal
Itrooiis at Juaroz were dynamited
supposc'iiy py lusurroctos, but no
ono was killed, although the build
ing was partially demolished. Twelve
men were Injured In Iho explosion
The rebels hnd no difficulty In en
tering tho city, nnd after blowing
NF.AItlNG T1IK KX1).
Only Three Hays Loft of tho Great
Kvniigellstlc CnutimlKn.
Only three days remain of tha
splendid revivnl now In prngresa at
Iho Baptist church in this city.
Those meetings have deeply stirred
the ontlro community, and people of
ali churches und of no church have
been Interested nliko.
The moetlngs have grown In pow
er from tho llrst service nnd splen
did congregations of attentive hear
ers have attested the popularity and
power of the wonderful man who .
has led the campnlgn.
Tho meetings will cfose with tho
service Sunday evening, after which
Dr. Lamkiu will leave for Indiana
whoro he begins (mother meeting
tho following Siindny. Strenuous ef
fort Is being made to bring tho ro
mnlning days of tho meeting to the
highest degree of efficiency. I.nat
night fourteen came forward, nine
up Iho barrarks quickly made their! of whom woro received for church
retrent, with the possible exception
of two. who were raptured. It Is
assemble tho required amount ho believed by many that the dynamlt
wns remanded to jail. Clements Is 'rs n,' "'"l In Juarez. Tho Rebel
tho fellow who spent several days In
Roseburg some time since, and suc
ceeded In passing a worthless check
In tho sum of on Dave Lenox,
a local merchant. He also represent
ed himself as a "national jail luspec-
" , i,i,L i tor.' The California olllclals say
away neiore mo lire is summed. tn,lv ,mv a KO()ll (.aso nKllllU)t tl,e
It Is announced that the fire do- ' man nnd antlelpnto a conviction.
Junta announced today that tliero
will be a general uprising In tho In
terior of Mexico next week. The
anticipated battle between General
Hlanro's Insurgents and the federal
troops Is reported In progress near
Douglas. Ariz., today.
Hallways Helng Destroyed.
WASHINGTON', March lli. rio-
mcmhorship. Services every day at
30 and 7:30 p. m.
A marriage license was grnnte-d
by County Clerk iLonox today to
Ella V. Schilling und G. R. Chnm-bera.
HORN'.
IlEOAV-r-To Mr. nnd .Mrs. Regan, of
Albany, nt Mercy hospital, In
Roseburg, on March 15, 11)11, a
boy.
STORE
The Store That Serves You Best. Satisfaction or Your Money Back.
92nd Friday and Saturday Sale
A few specials that are of interest to you, sale days that re
turn to you your money many times over.
Take advantage.
7.-r HOYS II ATS SIF I A L 50c.
Wo aro offering you pome Hue children's
Hats at. very special prices. They are made
from cloth with silk tups and new at vies j
He the.so at Special
50c
Mrs, K.i'f Jones has returned frnrn
Portland wher nhe ."pent a few days
Tisiting with friends.
tZiv OUi.VI KS T. IA I'M I'Ott'lM It AT llle
This famous Talcum Powder mines in ihre
cents. Now fs tho time to buy at
Special Sale price
12c
j.v- iiiuim vs mi.wvKits sim: i l ioc
Children's Muslin Orawers made of pood
quality muslin. They are just the lliinu for
our children. Now is the time to t.uy
at special
10c
yo- cniLiutr..s khm m;s sii: i.l u
Kor Friday and Saturday Hale we are offer
ing you the best value In children's hone l fiat
Iiavo shown in nutny a day. Kiistl a
hiack and they wear well, sKrcia! lUC
- mkx'h sokisi in: sunns at .v
Here is a regular nnan In Men's NckM
Shirts. They h re made of rvil S'li1
and the price that we ar offering
them 1 very low at special
95c
l.-r WHIT V. LAWN AT HPKCIAL Kk-
An extra fine Grade of White Lawn. It in
a quality that you do not often get at 4
t h-t very low price, special I UC
aht;s to i!e ha nor Kitrn 1 1'irs at ic
Women's line Handkerchief in a lan;e assort
ment of patterns you will do well to
Muck up now at special HIile price of .
9c
8i.no Voii; s siloi;s sri-:riL ;j.oo.
We ate offering you a Kiinp in shoe (Pat
will he of interest to you. They are. patents,
L-un-mctal unci kid nt vies. K"e Un
have a cood assort ment, of sizes;
close the line, special
$3.00
m:w lawn waists siwial one
of
A sperhd sale of twenty different sty!
new Lawn Waists forynii to choose from: huh
fs the time to hay. They have embroidery
fronts and all are well made of pood
materials; a bargain at. special i;,li
98c
VAIATiH TO IO WOOL ItMVKLTS ft:l.fH
To cbe; out the remainlnir palrH of wool
blanket we i;lve you an extra pood han-aln.
Come In white or tsrev and they are aq aq
fine. See these at special JlJ.yO
.-.( HAIIC SWITCHES SI'LCIAL HI. US
P.tiy your Hair Switche now. Wo are offer
lDii nii the i hot re of on r Mof k a t. a (h j q m
vry low pilce. See, them- and buy at JJ) I.Ot)
Vic nnd
ItOLLS AT Hl'i: IAL iKr
Ituy the lift Ip mif a doll ; hi wants one,
and now In the time to buy. a we are
Throwing you a snap that can not be
beat at ttjclal
25c
TI'IIKISII T()Ul:.s SI'W I
A I. II).:
Kr lM,,yy brown Ti klh Tmv,.B. u,rm, ,
". -'11:; in Hiz... Thl,y ,. ,,
I...lh. Nmv Is , u,J , v 't ,i"r
'' 19c
IKI..-.0 MMO.s Sl'l:( IU, )H,.
.Now Cr,.. ll,mnH jus ,lrrV(l( ,...,,
:z "!::z r,:r r -". ZZ
98c
..ii ii.--, WO(, imi sm ,,,M,I)H -,.
Im-hs l. ,:.Ms :.ll yn ,,- K,.iK ..-lslvo
IS ""J? "'-," n... ..,r ,bo
i'b , IrJ T ""r "ei.'-rr .ll.Ky t buy
ilKli !.: .I.,.m kI at wry low n
.-.!. , ,,.-. tJ;ss (;IM.s hl'KCIAI, :t.tc.
Your .1,;,,,,,. u, ,y ,,,., , ., f.
Hi a .m r,. f,,,l,, f .. r,., wr Y1,Z
;: l ,m ...,h. h.c ti.lH .nap ,,( of
ix-.:lal nam ,r,.. 33C
ic i-i in-:
I.IM. V I A( i; si'KCIAfi ...
F-um l.lnon Tor, h., I.a,,. ,,nt arn b.-lnK uiI
I" KM lit vxlvnt now. This In n timely m
DC
jj'irKHln for oii nt m- lal