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About The evening news. (Roseburg, Douglas County, Or.) 1909-1920 | View Entire Issue (July 29, 1912)
m WEATHER Today's Highest Temperature, 92 Fair Tonight ii Tuesday. i VOL. III. ROSEBURG, OREGON. IOlAY, Jl'IA 20, 1912 No. 210 D NIES All IP mm 3J Wltn va in any oi mem. UL Judge Archbold Files Formal Answer Today without using his influence as a judge XKW EMlKKOH OK JAPAN' TAKKS COXTHOL TODAY. Is Son of litite Mikado by One o His Secondary Viv iMily In Waiting. MAKES MANY ADMISSIONS Alleges, However, That All of His Act Were Without Incentive or Personal Gain Money Kuinislieil IleUitivc. ' WASHINGTON, July 27. Admit ting practically all of the acts In tlic Impeachment charges against him, but emphatically denying that he cor ruptly used his judicial influence, Judge Robert W. Archbold of the Commerce Court, today filed his formal answer In the estate. Ho asserted that no case had been made against him by the house of represen tatives. Archbold admits being involved in numerous coal deals while on the bench. He admits soliciting high railroad officials to further such deals. He admits that promissory notes bearing his endorsement were presented to attorneys and litigants 1n his court. He candidly concedes lie wrote letters to and visited rall Toad officers to further private busi ness negotiations for himself, asso ciates and friends. But the jurist says every such act was Innocent. He declares many wore without hope of private gain, although realizing the railroads would have cases before him In the commerce court. He does not even admit that he acted unethically. Ad mitted he visited Erie railroad of ficers in New York and Scranton to aid Edward J. Williams In securing their proposed option upon the "Katydid" culm pile. Archbold says his party In the case was that of a friend to Williams. He did not at tempt nnalwfully or corruptly to nse his Judicial o'rflce. Archbold admits he' figured In ne gotiations with railroad heads for settlement of the suit of William F. Boland. Archbold's accuser, against the carriers, but denied he did so for any pecuniary consideration. The judge also admits writing let ters to Holm Bruce, attorney for the Louisville & Nashville railroad with out consent of other parties In the case to get Bruce's opinion upon evidence in the case. Ho denies such action was wrong. Solely out of friendship for Fred Warnke," Archbold says he asked Reading railroad officials to extend Warnke's coal lease. The answer asserts tha,t a $2,500 note Archbold endorsed In 1908 with out his knowledge to an attorney in whose favor he had decided a case just seven days before: .The jurist denies he endorsed the note as a partner In any Honduras gold mine deal, but says he afterward received stock, "as collateral security," of the $500 note presented to the Boland brothers for endorsement while he was trying their case. Archbold says he did not think such action was Improper as he forgot that the Bolands were in his court. The charge that he received mon ey from Henry C. Cannon, a capital ist Identified with many railroads which were concerned In litigation before him. for an European trip, Ib . mot by the statement that Cannon Is a relative by marriage. Archbold de nies ever favoring roads in which Cannon was Interested. That he re ceived a purse of o25 donated by lawyers in his court when he left for Europe. ls admitted, but Archbold ays It was a mere testimonial of friendship, which ho could not have refused, without Impugning the mo tives of friends. Archbold says he appointed J. B. Woodward, a Jury commissioner of his federal court In Scranton, with out knowing Woodward was a Lehigh Valley railroad attorney. "The respondent denies." Arrh bold s answer concludes, "that he un .tortnnk tn carry on a general busi ness for speculation nd profit In purchase and sale of culm coal dumps, or undertook to compromise litigation pending I'jVe the Inter slate comnerce co K "m for a valuable conslderat'M. vcver con cealed his Interes , any personal contracts. In veryfew cases did he Invest any money or other thing of ralue. eicept his personal services. TOKIO, July 29. As soon as the death of the mikado was announced, his son, Yoshihlto, Immediately as sumed supreme authority and eontrol of the government, aud it is not be lieved that the death of the emperor will have any preceptible effect on the policies of Japan. The young emper or who took command today on death of his father is 33 years old, and is a son of late emperor and Lady Yan iirawara, a lady in waiting. The late emperor left no children by the em press. According to custom in Jap an the empress is allowed 12 ladies In waiting, who serve as secondary wives to the emperor. Four children by ladles in waiting survive the em peror. The new emperor, while.. a prince, was not allowed secondary wives, but has three children, all boys. BREWERY DIRECTORS LOOSE FIRST TWO ROUNDS IN LEGAL BATTLE judge Hamilton Overrules Motion to Set Aside Indictments- Attorney Hermann This Morning Files De murrer Which is Overruled. TRIAL IS SET FOR SEPTEMBER THE SECOND Brewery Attorney in a Statement to the Court Infers that these Cases May Go to U. S Supreme Court for Final Determination-A Long Legal Battle Expected v State Victor Thus Far Full Text of Grand Jury Report. UOIY ok ami, IS FULLY IDKNTIFIKD. Discovery EMnUlfchrc Fact That MIkh SnoflgriiKH Met Violent Death. CATS KILL, N. Y., July July 29. Since July 17, when Miss Dorcas Snodgrass, a trained nurse, mys teriously disappeared from New York, the country has been searched east and west by detectives in hope of locating the missing girl. Rumors yesterday that she wtis enroute to England on board a trans-Atlantic liner, seemed authentic, but today all sorles were hushed by the discovery and identification of the body of the lost girl at this place. Friends posi tively Identified the body as that of Miss Snodgrass. The girl's body was found lying face downward in the mud of a creek bed. There were no evidences of violence nor was water found in the lungs. Coroner Branch is of the opinion that It ' Is a case of suicide, although no reason can be assigned for th eact. . HFHCIAL Til K AT AT THE PALACE THEATRE. SIg Monaco an Italian opera singer has been engaged by the manager of the Palace theatre for tonight and to morrow night. Sig. Monaco has with out a doubt the greatest tenor voice ever heard in this city, at least such is the verdict of the few who heard htm In private rehearsal this morn ing. Manager Ollphant is so conifld ent that the Increased attendance will pay for this feature that there will be no increase In the regular price of admission. - rOLIQVITT WIXS IX PRIMARY Texas Governor Frcttmblc Renominat ed At State IVininy Today. AUSTIN, July 29. Returns from many precincts today indicate that Texas voters have re-noniiated Gov ernor Colquitt by a plurality of prob ably 20,000. At the time of filing Its final re port Saturday night, the grand Jury returned Into court a 'not true bill" in the case of Thomas Brunner, of Rice Hill, who was accused of attack ing his step-daughter. The charge filed against Brunner was investigat ed at some length and a dozen or more witnesses were examined. The grand Jury was unable to And any evidence tending to indicate that Brunner was guilty of attacking hi step-daughter as alleged In the com plain filed at the time of his arrest and arraignment in the justice court. Following the return of the "not true bill" Brunner was released from cus tody and returned to his home late Saturday night. Shortly before noon today Attorney W. W. Cardwell, who has been re tained by George Powers, recently indicted on a charge of attempting to break jail, appeared In the circuit court and entered a plea of "not guilty" upon behalf of his client. In asmuch as Powers has caused the of ficers no end of trouble It In possible that he will be tried during the Sep tember term of court. In the mean time he will serve a part of the sen tence for assault and battery as f m posed by Judge J. W. Hamilton In the circuit court this morning. WILSON READY Will Accept Nomination from Democrats STRONGLY PROCRESSIVEINTENOR Favors Ono Term For lrcsidenta llellove? Trust aiw Yiolutors Are Personally Guilty Mikmln Is IH-ad. I ft Brewery Stockholders and Number of Shares Held by Each as Contained in the Report of the Grand Jury Name Shares Name Shares Name Shares W. II. Sykes -.26 Alfred Wollenbcrg ..-49 Frank G. Micelli. . . . .-46 Hyman Wollenberg ..65 A. C. Seely 33 Isadore Wollenberg ..38 A. Sals-man 19 Fred H. Wollenberg. .10 S. M. Kellv 12 Ralph II. Wollenberg 10 C. B. Cannon ol The indicted brewery directors this morn ing lost the first two rounds in their legal struggle to get from under the charges made Alfred H. Jacobs ....10 Al Creason 10 E.N. Ewart ...10 E. B. Hermann 20 Jos Micelli 54 against them by the grand jury which ad journed late last Saturday evening. Judge J. W. Hamilton at ten o'clock this morning overruled the motions to set aside the indict ments made last Saturday by the brewery's attorne', Elbert Hermann. District Attor ney Brown was therefore sustained in his contention that the indictments were nrop crly drawn and presented by the grand jury and that they were regular. The disposal Of this motion in favor of the state was the first defeat of the indicted brewery direc tors in their effort to prevent being tried on the charge of unlawfully selling intoxi cating liquor. The second defeat came a few minutes after the first. Attorney Elbert Hermann immediately filed a demurrer to the indict ments at this time and save the exceptions The first was that more than one crime was charged against the defendants in the in dictment and the second that the facts men tioned in the indictment did not constitute a crime. Mr. Hermann in arguing the de murrer to the court, stated that he desired to make all these objections to the indict ments at this time and save he exceptions to the rulings of the court for the reason that in all probability the cases would not rest in the state courts but that they would go beyond the jurisdiction of the Oregon courts. This statement is taken to mean that the brewery and its indicted directors are going to make a long legal struggle to escape execution of the verdict of the trial jury should that body render a verdict of guilty. Judge Hamilton in overruling the demurrer to the indictments, said that the directors were the managing agents of brewer and that the directors, even though. thev had no guilty knowledge of the acts of their employes, they were equally' responsible to the law. Furthermore that ifa sale had been made by the manager or any other person in the employ of the brew ery and that sale was contrary to law the directors were amenable to the law without anv knowledge of the transaction. In conclusion, Judge Hamilton set Sep tember the second as the date on which these cases will be taken up and tried. Mr. Hermann asked that the .district attorney elect which charges he desired to trv first, those against the brewer and Oscar Klinke or those in which the brewery and its direc tors are charged vith the unlawful sale of intoxicating liquor. Mr. Brown without any hesitation elected to try the latter. Grand Jury Reports. The grand jury, which has been in session since a week ago last Friday was adjourned Saturday after filing its report. The text of the grand jury report follows: We, the grand jury of the May, 1912, term of the circuit court for Douglas County, Ore gon, would be pleased if your Honor will make an order givinf? us a recess. Several of our members have much work at home which is1 being neglected on ac count of our serving the public as grand jurors. We have investigated all charges coming to our knowledge concerning the commission of crime committed and triable in Douglas County, Oregon. That we have disposed of most of the charges, but we still have under considera tion and deliberation certain offenses where in there seems to be a lack of evidence at this time. For the reason that there have been many inquiries made as to who the stockholders are of the Roseburg Brewing & Ice Com pany, we deem it of sufficient public impor tance to set out in this report a list of such Wl-holders together with the number n shares as well as the names of all persons who have heretofore held stock: (The names of stockholders and the amount of stock held by each is given at the head of this article and is therefore omitted here.) The secretary testified in reference to a record of the transfer of stock which was produced before the grand jury, among oth er things as follows: Q. Do you know that is correct? A. Absolutely. Q. (live us the names of those who have held stock, the number of shares, to whom transferred and when transferred. A. W. S. Hamilton, August 31, 100(5, 55 shares. He sold his to A. Salznian May 1st, 1908. Then he sold to 1 ouck, also lO.sharcs to Houck. He transferred 10 shares to II. Wollenberg, two shares to E. V. Hoover, four shares to W. H. Sykes, 10 shares to Oeo. K. Houck, Isadore Wollenbcrg 10 shares, Alfred Wollcncrg 5 shares and Salznian 14 shares. Dr. 10. V. Hoover, original stock as issued August 31, 1900, 55 shares, and then 10 shares the 7th of February, 1907, 10 shares, and in July, 1911, 9 shares more, making a total of 74 shares. Here comes one, 1. H. Dixon 5 shares October 31, 1911, 1. B. Dixon sold his on April 15, 1912, to Alfred Wollenberg, Max Weiss had 25 shares and he transferred to Dr. Seely on September 2(i, 190(5. John Banks, 13 shares which was issued 1909, Ancnst 1, and transferred to Isadore Wol lenberg April 10, 1912. Robert Connor, he purchased stock April 15, 1911, and trans ferred if to Isadore Wollenberg April 10, 1912. That is all the stockholders from the 'ie"iminif to the present time. We commend 'the efforts of the sheriff of Douglas county in the enforcement of the Local Option Liquor Law, and take pleas ure in saying that he will continue to see that this law is rigidly enforced. Dated at Roseburg, Oregon, this 27. dav of July. 1912. Jas. M. Ellison, Ira T Remington, Foreman C. H. Ellison B. D. Dver, Ceo. A. Nordurft, T. C. Shaw, X. La Raut. (Special to The Evening News.) SEA GIRT. July 29. With his speech of acceptance completed.. Gov ernor Wilson returned here last night. It Is said that the speech will be strongly progressive. Wilson fav ors a tariff for revenue only, a heavy taxation on those luxuries afforded, only by the wealthy. The speech wilt don I with a one term proposition for presidents, and he proposes to treat all trust officers convicted under the Sherman law as criminals, and will urge their cases to be dealt with on a basis of personal guilt. The speech, will favor direct primaries, and a drastic nntlonal corrupt practices act, .Mikado Dead. TOKIO, July 29 The Mikado died here this morning after being In an unconscious condition for several hours. The last day or so the mon arch was kept alive only by injections of stlmulantB. . Worn out by Increasing debility. due to diabetic condition Mutsuhlto, emperor of Japan died today at the Imperial palace, while the elder statesmen and Yoshohlto, hlfl son, stood hy his bedside. No arrange ments have so far been announced for the funeral. After llBlenlng to the, argumeutB of Attornoy Elbert B. Hermann and Dis trict Attorney George M. Brown, ludge J. W. Hamilton this morning sustained a demurrer to the com plaint In tho case or. R, L. Moonoy. alias "George Gray", accused of ob taining money under false pretenses from Mrs. Settle. As a result of Judge Hamilton's decision Mooney cannot be tried on the churge under controversy. The motion filed by Attorney Hermann was basod upon the grounds that there was no false token at Issue ln tho caso. This question has been so positively set tled by the supreme court, so the at torneys say, that there was at no time a chance of successful combating At torney Horinann's contention. Ap porently awnre that the Indictment would be attacked, District Atoraey nrown fortified himself, when the grand Jury lute Saturdny returned a nvnnH Imltnlannnt .h.... v wa,n,,M UIUUIIDJ with larceny 1yi Impersonating an other who In this patrlcular caso was Frank O. Gray. Tho ennlty for this offense Ib from one to five yoars In the Btuto ponllentinry. Arraigned In the circuit court on the lattor charge this morning Moonoy entered a plea of not guilty. He will be defended by Attornoy W. W. Card well, who was appointed by the court. Amos linker, of Tiller, was a busi ness visitor In Hoseburg for a few hours today. Almost exhausted from his long walk, Robert McClane, 80 years ot age, arrived In Roseburg lato Satur day enroilto from his formor home nt Simon, Cnl., to Salem wheie he had planned to spend some time with his daughter. Unable to read and write the aged man had failed to notify his daughter of his coming. On the contrary, he struck out across the country afoot and upon' his ar rival here displayed conclusive evi dence of thu hardships endured oil the trip. Drifting Into the Southern Pacific roiinhouso, tho man told bin story with tho result that he was soon In possession of new clothes as well as considerable money. In ad dition to this assistance the railroad boys also raised sufficient funds with which to send the old man to tho homo of his daughter. This Is but one of the many Instances where the Southern Pacific shopmen have show- . ed themselves to be men of genorous disposition. '"' WANTED To buy. A team of ponies. Weight around 900 Must be reasonable. Address box 695, Roseburg, Oregon.