WEATHER
Today's Highest
Temperature, 62
Showers tonight or Wed.
j. in.
ROSEBUKG, OREGON.
TUESDAY, SEPTEMBER 3, 1912,.
No. 21)0
SUE TODAY
BREWERY
CASES
ARE AT
iurnu iiininT
itui ifiuiwllo m
ft THE CIRCUIT
Attorney Elbert Hermann, of Counsel for
the Defense Subjects Talesmen to a
Prolonged and Rigid Examina
tion J. W. Winniford Ex-
cused for Cause
DEFENDANTS ABSENCE CONSPICUOUS
. H
At a Late Hour This Afternoon Attorneys for Defense are
Still Interrogating Tale&men-Not Believed that Trial
Will Commence in Real Earnest Before Early To
morrow rial Probably to Consume Three Days
At 4:30 o'clock this afternoon the ho was a prohibitionist, his attitude
attorneys were still interrogating the ' toward persons engaged in conduct-
talesmen and It does not appear like
ly that a Jury will he secured before
late tonight, or early tomorrow.
Among those passed by both the
prosecution and defense are J. F.
Terry, C. M. Siegel, J. A. Jacques,
T. W. Coffee, T. B, Dean, J. D.
Wright, J. R, Dean,' Frank Percy and
O. B. Holdredge. O. H. Langdon, W.
Chapman and J. A. Perry, the lat
ter for" whom was called to fill the
Ta'cancy caused by the dismissal of
L. E. Winniford, were yet to be ex
amined. In addition to excusing Mr.
"Winniford, it may be possible that
several . talesmen will be dismissed
through peremptory challenges ex
ercised by the State and defense.
The State has three peremptory chal
lenges; while the defense has twice
that number. The taking of evidence
will iprobaLMy commence sometime
before noon tomorrow.
A special venire of talesmen, com
posed of Guy McReynolds, George ception, said they were not prejudic
Holladay, E. W. Main, C. L. Cheno- cd, neither had they formed (any
weth and R. R. Melton were drawn opinion as to the guilt or innocence
late today to serve in the event the of the defendants. As honest men
regular venire Is insufficient. i always do, these talesmen came out
, emphatically and said they would
With the courtroom fairly filled
with spectators the case of the State
vs. The Roseburg Brewing & Ice
Company, and its five directors was
called for trial before Judge J. W.
Hamilton ini the circuit court for
Douglas county shortly after 10 o'
clock this morning. The defendants
are accused of violating the local
option laws, in soiling and delivering
to Joseph Bartholemew, on July 3,
1912, one keg of so-called "near"
beer, which according to the analysis
of two competent chemists Is said to
have been the real article. The
State Is represented by District At
torney George UrownJjhile At
torneys Dextece and HIbert Her
mann appear -for ,tbe 'defense.
Prepared for he battle of their
lives, the attorneys for the defense
exercised extraordinary precaution
hi the examination of talesmen, and
not until they were satisfied that the
person questioned was without defi
nite knowledge of the case were they
passed. The interrogation of wit- j
nessea was conuueten ay Attorney
Elbert Hermann, the regulary -employed
counsel 'for the brewery, and
that he was thorough In his examina
tion of talesman would be placing it
roUfl.
Other than asking the talesman a
"hundred and one questions relative
to where he was born, how long he
had lived in Oregon, his present oc
cupation, whether or not he was ac
quainted with any person connected
with the prosecution, whether or not
DR. POSEY
Specialist for Eye, Ear
Nose and Throat
Diseases.
Eyes Fitted With Glasses
PARROTT BUILDING
ROSEBURG, i;t OREGON.
COURT TODAY
ing a brewery, whether or not he was
opposed to the existance of corpora
tions, whether he had ever lived in
a "dry" state. Attorney 'Hermann
exerted special effort to ascertain
whether or not the talesman ques
tioned was a reader of The Evening
News, and If he was acquainted with
Sheriff George .Quine. Then to make
sure that the talesman was telling
the truth, the interrogating attor
ney would pass through the files of
The News, and in an air of apparent
egotism, point here and there to
articles which might have had some
effect In prejudicing the general pub
lic against the defendants at trial.
In early every instance, the tales
men said they were regular subscrib
ers of The News and had probably
read most of the articles referred too
by Mr. Hermann. Notwithstanding
that they had read the articles in
question, fhe talesmen, with one ex-
consider the evidence adduced dur-
ing the progress of the trial, accept
the law as laid down by the court,
an arrive at a fair and honest verdict.
In some instances the talesmen were
questioned for nearly an .hour by
Attorney Hermann, and at noon, but
five of their number had been exam
ined. One of these, J. V. Winniford
was challenged by the attorneys for
the defense for the reason that he
said "there must have been someth
ing in the air" or the Grand Jury
would not have returnd an indict
ment. Judge Hamilton questioned
the talesmen briefly following the
challenge of Mr. Hermann, and he
was excused. - Among those passed
up to the noon hour were J. F. Terry,
C. M..Selgel, J. A. Jacques, T. W. Cof
fee and T. B. Dean. All of these
men were fair in their answers, and
to the causual observer, were unin
terested in the case, save to arrive at
a' clear and unbalsed verdict
Urown Is Thorough.
AUn0UKh VRry thorough
In his
examination of talesmen, District
Attorney George M. Brown consumed
but little time in comparison with,
Attorney Hermann of the defense.
Attorney Brown had nothing to say
rttsartiing the newspapers, nditherj
was he particular regarding the
early life of the perBon questioned.
To the casual listener. It appeared
that the district attorney had but
one aim In view to ascertain wheth
er or not the talesmen were qualified
and would give the defendants a fair
and Impartial trial. To gain his end,
and combat the rigid examination of
the. attorneys for the defense. Attor
ney Brown repeatedly asked whether
or not the talesman would be as fair
In behalf of the State as he would
on the part of the defense. Upon
securing a statement to the effect
that the talesman waB unprejudiced
against liquor iprosecutlons, would
listen to the evidence as Introduced,
accept the law as given by the court,
and arrive at a fair and Impartial
verdict, the person questioned was
usually passed. It was not the dls-
trict attorney's desire to retire any
; man because he was a reader of any
j i articular publication.
TThey Intend To lrove.
Although the jury' will not be com
pleted before late tonight or possibly
tomorrow, it Ib already known what
the opposing attorneys will contend.
District Attorney Brown will attempt
to prove that the liquid under con
troversy was purcliased by Joseph
Bartholemew from the Roseburg
Browing & Ice Company, on July 3,
1912, and was delivered to his estab
lishment by Joseph Heidenrick, the
brewery deli very man. To substan
tiate that a sale was made the prose
cution will introduce receipts, proper
ly signed by respesentatives of the
brewery, and filed with Mr. Bar
tholemew. In another step the State
will introduce two chemists, repre
senting Oregon's leading educational
instiutions, who will testify that the
liquid contained that- degree of al
cohol rendering It Intoxicating. With
the sale proven .and the analysis in
evidence, the State will then intro
duce a certified copy, of the court or
der declaring Douglas county "dry'
territory. Upon this evidence, District
Attorney Brown believes he, will be
able to secure a conviction. The
defense will- deny that the liquid
was intoxicating, ana according to
reports; will introduce a chemist who
will answer to that contention. In
brief, the defense ofthe sale will he
to the effect that the liquid was
"near" beer, and was non-intoxicating.
It is also said that the defense
will claim that the action was not
brought with a view of . quelling
liquor violations, but was engineered
by persons desirous of securing pub
lic office.
Other Cases Considered. '
This afternoon the Grand Jury::iS
busy investigating a number of liqu
or violations, alleged to rfe occur
red at Myrtle Creek, GJei&dale, and
other Southern Douglas efcunty
townB. - Indictntentr howyfes J we1
not expected before sometime tomor
row. Other limlictecs Charged.
Following the present case, it is
more than likely that Oscar Kllnke,
purported manager of the Roseburg
Brewing & Ice Company, and JoBeph
Heidenrich, the brewery deliveryman,
will be compelled to face the charge
of violating the local option laws.
These men are employed by the brew
ery and stand Indicted by a former
Grand Jury.
LOCAL NEWS.
51
Henry Murphy, Frank Churchill
and Charles Edwards, all of Coles
Valley, were visitors lu Roseburg to
day.
A. M. Gallagher, of Deer Creek,
spent the. day In Roseburg attend
ing to business Interests.
S. C. Bartrum, local forestry sup
ervisor, spent Inst evening at Riddle
looking after matters connected with
his official duties.
Thomas B. Brogan, of The Dalles,
left for his home this afternoon af
ter a few days spent In Roseburg
visiting with friendp.
Mrs. Luther Page, who left hero
last evening for Tillamook has filed !
a suit for divorce against her hits-;
band, Luther Page, In the circuit
court. !
A. B. Bradley, the real estate man,
has vacated the office room formerly j
occupied by him and situated In the;
Rose building on Cass street. Mr. I
llrndley expects to occupy other j
quarters within the near future.
Fred Warron, editor of tho so-1
clalist paper, Appeal to Reason, j
which has been bucIi an Important j
factor In educating thousands to ,ro- j
clallstlc doctrine, will be In Robp-1
burg on Oct. 27. Warren will speak i
here on national issues at that time,
and will attempt to show why tho so
cialist party should he placed in
power. The place of the meeting will
be announced in due season.
A SENATOR!
" !
Announces His Allegience to;
Roosevelt Cause .
TAFT HAS NOT MADE COOD
Cummins Declares His Position To
liny California lrinuirios Lively
Result WU Show Who Gets
Klectoriul Vote.
DISS MOINES, Sept. 3. -Senator
Cummins announced today that he
preferred Roosevelt to Taft for pres
ident and would therefore vote for
the Colonel. Ho said that he was not
in sympathy . with the progressive
party, and radically differed from
some of the principles advocated in
the platform, but would vote friij
Roosevelt because Taft's administra
tion had not made good. Cummins
also announced his opposition to the
nomination of a third ticket in Iowa,
which is expected to he placed In the
field when the progressive state con
vention meets hero tomorrow. Roose
velt will probably address this con
vention and no doubt urge a third
state ticket. Cummins expressed
the opinion today that the republican
national committee at Chicago stole
many delegates for Taft.
California Primaries Today.
SAN FRANCISCO, Sept. 3. State
congressional and county primaries
are being held throughout Califor
nia today. A fight to the finish is
on In the republican ranks between
the Bull Moose and Taft branches
of the party. The character of the
legislative and county nominees, will
determine whether Taft or Roose
veltv electors will go on the ballots
as republican presidential electors.
No Delay In llc'elter Trial.
NEW YORK. Sept, 3. All at
tempts by the defense today to delay
the trial of Police Lieutenant Beck
er, charged with the murder of
Rosenthal, were blocked today by
Justice Goff, who over-ruled all
motions of the defense, whose at
torneys persisted In trying to delay
the case. Judge Goff ordered the
clerk to enter a plea of not guilty and
Sept. 10 was set for the trial.
TRIAL D.VTB SKIT. 13TH.
Court. KeconsUlers And rises Date
After Argument lly District
Attorney.
(Special to The Evening News.)
NEW YORK CITY, Sept. ?.. Dis
trict Attorney Whitman argued to
Justice Goff this morning tho ques
tion of the validity of fixing a trial
with nine days after the formal plea
had been entered by the defendant,
The court after listening to the ar
guments decided that the district at
torney was correct and therefore set
the trial date as Sepomher 12. The
defendants In the Rosenthal murder
case will therefore face the Jury on
this date.
. IN TO-DAY
-ti Swell Line of Eastern Hats
' Sr : : ""
rCJ Tailored and Dress Hats
wr.
m "'rj" , Swellest Line Ever
Shown in Roseburg
. Prices Very Reasonable
Ilftlnlrpc'tntr, MunL-nrinf, Knfr tod 1 I I I C"- VV f
nS ' I r1 EL LtlALJtlr
miMwmn m i m mmmmmmmmmmmmmmtmmmmmmmmmmmmmmmmmmmmmmmmamm
-
A report is current in Robo-
burg this afternoon that Gov-
urm" 'Wost-of Salen.V ex!,ects !
I spenu tomorrow in uosoourg in 9
an effort to substantiate tlve
report of a State agent who re-
cently spent o couple of weokB
In this vicinity looking over con-
dlttons. Mr. West could not
bo reached by telephone this
afternoon, and consequently
thd rumor could not bo con-
firmed.
- '; r 4
HKCALL
AMENDMENT
KXICCUTIING.
8 ELK
Petition Asking . IttvnU Of District
Attorney Cameron, Of lort
hiwh Is Valid. :
(Special to The Evening News.)
SALEM, Oro., Sept. 3. Judge
Galloway itoday tield the- the recall
amendment to the., constitution of
his stntq is self executing. This
heing so. .the petition asking for the
recall' of. District Attorney Cameron
of Multnomah County; Is valid. It
19 probelmatical whether or not the
election will bo proceeded with or
not for the reason that Cameron's
torm; of office expires on December
3 1st. of this year.-
.
WILL NOT DISBAND GUARDSMEN.
Governor West. Modifies Pi-ovlous
Order And Only IS Officers
Aro Affected.
(Special to The Evening News.)
SALEM, Ore., Sept. 3. After an
exhaustive consideration of tho case
of the National Guardsmen who are
accused of, disobeying orders to
march from Gates to Oakvllle,
Washington, Governor West toduy
announced that ho would recommend
to the General Stuff that the order
heretofore made disbanding the bat
talion be modified bo as to apply on
by to the officers who number thir
teen. The recommendation of the
governor will be doubtless allowed.
VURMONT VOTING II HAW.
KOMcwido Klectlon Shown Much 1
(crest In The Republican And
. Itull Mooso Ranks.
(Special to The Evening News.)
MONTPELIER, VC Sept. 3. The
relative strength of tho Republican
and Bull Moose parties In this state
Is being put to the acid test today.
This election Is tho first held In the
country -slpce the organization of
the new party and Is therefore looked
forward to by members of both pnr
tles. The early voting was heavy and
Is taken to Indicate a victory N for
Taft.
WANTED Girl, to work for her
board while attending school. In
quire of Mrs. Hurdler, cor. Chad
wlck &. Oak, or phone 2K1-L.
471tf
FOH SALE Choice Cotswold and
Shropshire rams. Inquire Walter
Adair, Happy Valley. 471tf
IS WKST COMIXU?
AND JURY
EGINS WORK
Is Drawn by Clerk in Court
this Morning
TWO MEN CONFINED IN JAIL
CJoorgo Gray Muy Iks Trie! On
Charge Of Attempting To ltrcuk
Jnll During Present Term
Of Court.
HANI JUItV
J. O. Gunter, -foreman Gimter
J. H. Porter Ton Mile
R, A. DiiBonbark .;.;...Molros6
VV. 13. MarsterU Roseburg
D. W. Hunks ,....Dnys Creek
D. Bartholemay ;.....:......Dralii
W. B. McClay ....Elkton
Immediately following tho call of
the petit Jury In the circuit court
this morning. County Clerk Lenox
drew the names of the above well
known Douglas County men who
will serve as members of the Grand
Jury during the present' ' term ot
court. v
Othor than Instructing the Jury re
garding Its course of procedure In
investigating and disposing of com
plaints brought to its attention,
Judge Hamilton called particular
notice of the Jury to tho several sta
tutes which must be read In the pres
ence of the Orand Jury prior to, its
retirement for deliberation.
One of those statutes provldos
against the crime of libel, while au
otbor provides a pennlty for the crime
of prizefighting. The third and
most Important of the statutes pro
hibits the sale or Intoxicating lin.il- .
ors In "dry" torrltory.
With tho Instructions to tho Jury
concluded tho Jury retired to Its pri
vate apartment directly across the
hall from tho sheriff's offlfo In readi
ness to consider bucIi complaints as
are brought to Its attention. ' ,
Two Men In .full.
In contrast to many previous tortns
of court held In Douglas county,
there are at present but 'two men ,
confined In tho Jail awaiting dis
position nt the hands ot the proper
authorities. 4
One of these men lt( no othor than
R. L. Moonoy, alias George Gray,
who Is charged with larceny In con-
jncctlon with obtaining $50 from
Mrs. Carrie Settle, of Oakland,
through frauditlant representa
tions. Gray Is well remembered In
Roseburg and vicinity, whoro a few
months ago he posed as a brother of
P. O. Gray, at that tlmo confined lu .
Jail on a charge of embezzlement
from Mrs. Settle. George Gray, or
(Continued on page 6.)