Mb
; WEATHER
Fair tonight & Sunday.
tutu.
Today's Highest
Temperature, 55
VOL. III.
ROSEBUltG, OHEGOX, SATl'ltHAY, XOVEMHUH HI, 1012.
No. as I.
1
)
ARE SENTENCED
s Plead Guilty
toy iw.fif
fjffd Arson,
it.'. .: : '
DRAIN WHS DAMAGE ACTION
Judge Hamilton Holds Thut PlaJnUrf
Fails To Comply With Provisions
of Drain City Charter licit
Daley Is On Trliil.
Changing their pleas of "not
guilty" to "guilty," Louis Strang,
David Golden and Joseoh Ward, who
were recently arrested an d later iu-
dieted on a charge of attempted ar
son, were this morning sentenced to
serve indeterminate terms of from
sis months to five years In the state
penitentiary by Judge J. W. Hamil
ton In the circuit court.
When asked if they had anything
to say why sentence should not be
pronounced, Attorney Luwrey, repre
senting the trio, addressed the court
briefly. Mr. Lawrey simply infom
ed the court that the accused men
were young in years and hud prob
ably committed the offense without
the least premeditation.- In view of
these facta. Attorney Lawrey asked
leniency at the hands of the court.
In passing sentence Judge Hamil
ton had little to say, with the excep
tion that he hoped '.the (prisoners
would so conduct themselves that they
would be able to secure dismissal
from the penitentiary at the expira
tion of the minimum sentence. The
three youths accepted the sentence
of the court without the least demon
tsration. They will probably be tak
en to Salem to commence Berving
their sentence early next week.
The boys were arrested accused of
entering a residence, near Divide,
and of appropriating a number of
valuable articles bb well as having at- j
t emoted to burn the house together i
with Its contents, They, were detect-'
ed In the act and upon being follow
ed to Leon a i'ere placed under ar
rest and later brought to this city
to stand trial. An indictment by the I
grand jury followed.
Drrin Wins Its Owe. I
i
Acting upon a motion for non-suit
submitted by Attorney O. P. CoshoWj
just prior to adjournment of court!
last evening, Judge J. W. Hamilton j
this, morning dismissed the damage j
suit recently filed by Mrs. Merrlam 1
against the City of Drain. In dts-'
missing the case Judge Hamilton!
held that Mrs. Merriam had failed to
present a claim, together with thei
facts, to the city recorder of Drain
as provided In the charter of the de
fending city. . Tills claim, Attorney
Coshow contended, should have been
presented to the Drain city council
within thirty days following the al
leged accident and prior to the com
mencement of a suit for damages.
Mrs, Merniman brought suit
against the City of Drain to recover
the sum of $5,500, alleged to be due
ns damages for permanent Injuries
sustained as the result of failing
through a defective sidewalk.
Itert Daley Will.
The trial of Bert Daley, charged
with a statutory offense. Is attract
ing the attention of a jury compos
ed of S. H. Croy, Charles B. Austin,
D. B. Redifer, Joseph Morris, J, L.
Boggs, G. M. Leeper, J. L. Chaney,
W. O. Patcher, J. F. Strader, A. D.
OEtlnger, S. Madison, and S. F.
Cawlfleld, In the circuit court this
afternoon. ,
The task of securing a suitable
jury consumed the entire morning,
and not until following the noon ad
journment did the attorneys make
their opening statements to the' jury,
Up to the hour of going to press
a number of witnesses had been In
troduced in behalf of the state. In
cluding Mildred Casteel. the 14-year-
old girl who was responsible for
Daley's arrest. When placed on the
witness stand the child testified that
she waB living at the home of Mr.
and Mrs. George Noah at the time of
the alleged crime, and was the per
son who reported the occurrance to
the officers. In reciting her story
or the affair, the child said she was
at the Noah home, .when Daley came
to the door and Inquired for a room.
With Mr. and Mrs. Noah absent from
home at the time the girl said she
accompanied Daley to the upper floor
i t the residence and was about to
show him a room when he advanced
an Indecent proposal. With her head
hung low, the girl bald that Daley
placed his arms about her waist and
said he would give her 50 cents In
the event she would allow hira to kiss
her. She said she refused this at
tention, whereupon he offered her
a dollar and a half If she would en
ter the chamber. Frightened, the
child said she screamed, whereupon
Daley rushed down stairs and Into
the open. As he left the house, the
girl said he turned around and re
marked: "Don't you say anything
about this, for if you do you'll be
sorry."
The Casteel girl made an excellent
witness and gave a clear and detail
ed story of the affair as she ob
served It. Other witnesses introduc
ed by the state were Mr. and Mrs.
Noah, Justice of the Peace Reuben
Marsters, and an old gentleman who
lives at the Noah home.
The defendant will attempt to
prove by a number of witnesses that
ho spent the entire afternoon of the
day In question playing cards In the
soft drink emporium conducted by
Mr. Miller.
Owing to the fact that there are
quite a number of witnesses to be
examined it is not likely that the
trial will reach a conclusion before
late Monday.
. n
Practically ftpmplote 'returns re
ceived here fi3in Curry county today
give the following lesulta for distlrcl
attorney at the recent general elec
tion: Brown 395, Cardwell SS,
Long 76.
James McNamara Asked Com
panion to Kill Him.
REMAINS OF CHILD ARE FOUND
Porl land Note Crook Will He'Truiis.
ported to Baltimore Where He .
IXscrted His Wife Tar
Gang Is Guilty.
(Specinl to The Evening News.)
INDIANAPOLIS, Ind., Nov. 16.
How James McNamara became re
morseful over the loss of life result
ing from the dynamiting of the
Times building In Los Angeles, and
begged to be shot, was told by Frank
Eckhofr, of Cincinnati, at the trial
of the laborltes today.
"We went hunting in the woods
back of Ballach, Neb., the witness
paid, "when Jim began talking over
the Los Angeles affair. He shook
and sobbed and said lie wanted to
die. 'Please shoot me,' Jim Bald,
"an at a time when I am not look
ing. "
The witness said he was unable to
comfort McNamara who appeared to
have suddenly entertained a suicidal
mania.
Uemains Are Found.
BUFFALO, N. Y., Nov. 16. The
body of Joseph Jottephs, aged seven
years, missing since October 12, was
found today In a vault In a suburb
of Lackawanna. The police are: to
day searching for the slayers. Prior
to Joseph's dlsnpjiearance, his fath
er received a number of annoymous
letters from Chicago. In a letter
received yesterday, and postmarked
at Chicago, the place of burial of
the body was described accurately.
Hack to Baltimore.
PORTLAND, Or.. Nov. 16. John
E. Hudson, alias John E. Rlngllng,
alleged note crook, will be trans
ported back o Baltimore, where It
Is alleged he has a wife. It Is be
lieved she was deserted by Rlngllng
when he started WeBt.
Portland Man Con-ddrrrd.
WASHINGTON, D. C, Nov. 16.
Joseph N. Teal, of Portland; Charles
S. Barret, of Georgia, and, Clarence
H. Poe. of North Carolina, are be
ing considered by President-elect
Wilson for secretary of agriculture.
Wilson In New York.
NEW YORK, Nov. . President
elect Wflson today tried to reach
Taft's secretary and arrange an in
terview, but was unsuccessful. Asked
If he would attend Taft'a reception
In New York this afternoon, Wilson
said: "I was not asked to attend, and
it is quite unlikely that they knew
I Intended to be here today."
Are Found Guilty.
NOR WALK, Ohio, Nov. 16. Er-
J
Will Preside Over Quo-War
ranto Prosecutions.
JUCGE HAMILTON DISQUALIFIED
Motion Presented Today Slates That
Elbert Hermann, a Stockholder
In Tlio lti-ewvry, Is a Son-in-Imy
of Judge Hamilton.
That the quo-warranto proceedings
recently filed against the Roseburg
Brewing & Ice Company, with a view
of annulling Its charter to transact
business In Oregon, will be prosecut
ed to the bitted end, was evidenced
In the circuit court this afternoon,
when District. Attorney George M.
Brown presented a motion setting
forth the contention that Judge J.
W. Hamilton, presiding officer of
the local circuit court, was disquali
fied to try the case. On account of
such contention. District Attorney
Brown asked that another judgo be
summoned to try the case at Jssue.
The motion filed by the district at
torney follows:
"Now at this tinie'comos the State
of Oregon, by George M. Brown,
prosecuting attorney, and represents
to the court that the Honorable J.
V. Hamilton, judge of the above
court, Is disqualified to act as judge
of the court in the above cause, and
for grounds alleges that F. G. Ml
celll Is a brother-in-law and E. B.
Hermann Is a son-in-law of said Hon
orable J. W. Hamilton, and stock
holders In the above named corpor
ation. "That the record In the case of
the State of Oregon vs. Roseburg
Brewing & Ice Company and Its
stockholders Is referred to and made
a part of this motion.
"That the State of Oregon hero
in, by Its attorney, requests that an
other judge Ire called Into this ense
for the purpose of trying the same."
"GEORGE M. BROWN,
"Prosecuting Attorney."
After briefly considering the mo
tion Judge Hamilton said he would
enter an order In the court journal
granting tho motion, and that the
case would he tried before Judge
Harris, of Eugene, some time next
week.
Inasmuch as the brewery, togeth
er with Its officers and five direc
tors, recently admitted violating the
local option laws in Douglas county,
the district attorney does not believe
he will encounter any difficulty In
the successful prosecution-of the quo
wnrranto proceedings. At least, it If
believed that ho has sufficient evi
dence at hand to show that the brew
ery has violated the laws of the
state.
nest Welch, the first of tho six men
Indicted for participating In the tiir
rlng and feathering of Minnie Lo
valle1', of West Clarkfleld, on Aug
ust 30, was today found guilty of
assault and battery. '
LOCAL NEWS.
4
A. M. Gallagher, of Deer Creek,
spent the day In Roseburg attend
ing to various business Interests.
Von Casey, who was quite serious
ly Injured while asslstlng'the fire de
partment last Saturday evening, Is
about the streets todr.y. Mr. Casey
sustained a deep gash above the knee
NOTICE.
The Roseburg Dancing So-
clety has secured the.Maccabee
hall for tho yurpose of con-
ducting a dancing school and
first clans dances.
Commencing Saturday, Nov.
16th. the fiocicty will give
ANOTHER
UDGE
dances every Saturday evening.
commencing at 9 o'clock. First
class music guaranteed. BoIr-
trous conduct nnd rag dancing
Is absolutely prohibited.
The opening night, terms, etc.
for the dfinclng school will be
4 announced! later. Invitations 4
4 will be mailed. Ladles must 4
4 have escorts. n2l 4
4 444 4444444
UHM V CLERKS GET NO
EXTRA COIN FOR DOING
STATE WORK, HE SAYS.
Salem, Or., Nov. 15. Attor-
ney General Crawforl today
! advised J. R. Stannard, of Gold
Beach, county clerk of Curry
county, that county clerka were
not entitled to any extra com-
pensatlon for Issuing fish and
hunting licenses. Tho county
clerk presented the theory that
this work was for the state and
not for the county, therefore
there should be extra y.
But the attorney general advls-
ed that th county was merely
a municipal division o the
stato and that while county
clerks drew their pay from the
county, nevertheless they were
officers of the state.
of the left leg, and as a result he
has been confined to his room for
nearly a week.
At the regulnr weekly meeting of
the local fire department held last
night it was decided to hold a grand
Christmas ball, on the evening pre
ceding Christmas. Elaborate pro
grams will be issued. Tho floor will
be placed in the best of condition,
while the music will be something
out of the ordinary. All those who
enjoy the light fantastic should at
tend tills event.
Turks Will Not Accept Terms
of the Balkans.
BOHEMIA WOULD REMONSTRATE
Balkan Will Meet and IHm-usn Parti
tioning; of European Turkey
at a Meeting To He
Held Tomorrow.
(Special to The Evening News.)
CONSTANTINOPLE, Nov. 16. It
was officially announced here today
that Turkey has refused to accept
the peace terms advunced Iby the
Balkans.
Tho Sultan's advisers have sent a
eour.ter proposition to Sofia, It In
J'tu, announcing that the allies will
get at least half what they wanted.
Turkey Is willing to grant Autonomy
Macedonia, but wants to retain n
government here. The Turks object
to the Internationalization of Con
stantinople. Salonika, and a com
plete abandonment of European Tur
key. The Athens-Russian government
officially recognizes the Greek oc
cupation of Salonika. .The Russia
Consul, Salonika, has been Instruct
ed to communicate with Legation.
Athens, Instead of Constantinople
hereafter regarding affairs there. In
Berlin It Is reported that the Bal
kan allies have arranged for the con
cession of England, Russia, and
France and are arranging for the par
tition of European Turkey. It Is be
lieved that Russia and France will
get commercial advantages, while the
condition of Asia will be somewhat
Improved. England will get the
Port of Sunda Bay. It Is believed
that Germany, Italy and Runtda will
veto such an arrangement.
Lato reports today Indicate that
Bohemia has remonstrated against
Austrian soldfera entering from the
Servian frontier, and has denounc
ed the Germtin pojlke, who It Ih
charged scattered them,
Will MwtiKfi Partition.
BELGRADE, Nov. 16. Tho pro
posed partitioning of European Tur
key will be discussed here next
Thursday at a meeting of the Bal
kans and Premiers, according to ar
announcement here today. King Fer
dlnand will be present.
REFUSES TERMS
T
Did" Not Sink in Gray's Har
bor as Reported.
SEATTLE ELKS BUILD A HOME
Portland Policemen are Wjirvied
Against Occupying Seats In
Street iv When Passen
gers Are Standing.
(Special to The Evening News.) j
SAN FRANCISCO, Nov. 16. Al-J
though reported by wireless to have ;
sunk off Gray's harbor the steamer!
Wasp passed the r.iouth of tho Col
umbia In safety nnd should arrive!
In Puget Sound today. This Is 'he
gist of a message received by the
Merchants' Exchange from Portland.
It Is stated the Wasp Is In excel
lent condition.
Enforce Curfew Law.
TACOMA, Nov. Hi.---That City
Commissioner Mills mean business
In the enforcement of the new u-r
few ordinance Ik apparent today. One
officer reports 23 boys and girls un
do'. IS sent homo on the nljtht f.he
ovdinanco went Into effect, and the
number is gradually diminishing.
EIIin liui'id Home,
SEATTLE, Nov. 10. Ground is
broken today for tho beautiful .new
Elks homo, to rise eight stories above
the street. The Elks staged tho
ground-breaking services at 11 o'clock
at night, the hour when all good
Elks are supposed to raise high the
flowing bowl and chant "To our ab
sent brothers".
"Coppers" Must Stand.
'ORTLAND, Nov. 16. Tho Port
land "copper" lo today advised that
under no consideration mitBt he re
main seated In a streetcar In the
event that another passenger desires
seat. Meaning that no matter
whether hobo or a millionaire Is left
standing In the shuffle or seats, tho
guardian of the peace must urlse and
offer his place.
Admitted to Probate,
LOS ANGELES, Nov. 16. The
will of General Homer Lea, who
gained international Tame as a strate
gist during the upheaval resulting In
tho creation of tho Republic of
China, Is today filed for probate.
Tho estate Is valued at $4,000.
Borrows Much Money,
LONDON, Nov. 16. "Canada has
been borrowing too much money. It
Is a magnificent country, but to read
some English reports, one would
Imagine- gold could be picked up In
the streets. To do well In Canada a
mnn nmtit work hard and live frug
ally, and these essentials are being
overlooked. Immigrants need not
think thoy can go to Canada and
live by their wits, and it would be
far sHfer for the Dominion If she
slowed down a bit.' This Is I he
opinion of Hon. Joseph Martin, form
er premier of British Columbia, In
iin Interview on record here today.
Car Watche Children.
ST. PETERSBURG, Nov. 16.
Captain Orloff, adjutant to the Cruz
Is today pacing the Nevsky prospect
n great perturbation. The Czar was
leaning out of a window watching his
daughters play tenuis in the quad
rangle below. Thinking Hint bin
majority was an Intimate "pal," and
unable to recognize his liege In the
half-light, Orlofr stupped up and
HlappI ng Nicholas between the
shoulder blades said something.
which in English would sound like:
"Hello, old sport". 'Neither Orloff
or the Czar have yet recovered from
tho shock.
MOV DROWNS WHILE
1 OltlMXG THE KIVElt
Fnther Haves llhimelf and Horse
Kaplds Are Treacherous.
Donnie Lerwell, aged nine years,
son of Mr. and Mrs, W. Lerwell,
irowned last Sunday morning In tho
South Umpqua river near the mouth
of Shively Creek, while attempting to
ford the river In compony with his
father. The father and boy were both
horseback und the former had crons--d
tho stream, when the horse the
boy was riding Bell down In the
wlft current. Mr. Lerwell says the
Jttle fellow had hold of the horse
vhen they first came to tho surface,
BOA
SIGHTED
APPARENTLY FRIGHTENED.
'
Apparently alarmed over the
announcement that certain vat-
en? residing at Oakland, Suth-
erlln and Glendale had request-
ed the district attorney to con-
test the recent local option
elections held under the homo
rulo measure In tho muttlclpull-
ties above mentioned. Attorney
Elbert Hermann, chief counsel
for the Roseburg Brewing &
Ice Company, appeared before
the members of the county court
This morning nnd in a prolong-
ed address attempted to dls-
prove some imaginary nllega-
Hons upon which he contended
the district attorney would un-
doubtedly base his action. In
speaking of Hermann's address
this afternoon a member of the
county court said he could not
understand why Attorney Her-
maun should exert himself In be-
half of tho "wet" element or
the towns mentioned, and most
especially before tho district
attorney had filed a complaint
or had Intimated that he In-
tended to contest the elections,
During tho progress of his ad-
dress, Jlormann stated that tho
district attorney would probably
contend that the elections wore
held illegally for the reason
that they wero confined to n '
precinct nnd not to nn Incor-
porated town as provided under
the terms of the homo rulo
bill. Hermann practically ad-
mltted that at least two of the
elections wero faulty. Led to
bellevo by Hermann Hint tho
elections wero hold Illegally,
the county court has decided to
meet next Thursday, at which
time District Attorney Brown
will bo given an opportunity to
enter formal protest against
tho Issuance of orders proclaim-
lng Sutherlln, Oakland and
Glendale "wot" territory.
but tho animal was turned over by
tho current. Going under a second
time ho came to tho surfaco swim
ming free from tho horse, hut when
Uiey were dashed under a third time
and rose again the boy seemed llfo
Ichh and the father believes tho lad
may have been struck by the horse
In Its struggles. Mr. Lerwoll dash
ed back Into the river to help If pos
sible, but his horse also fell and
went under, while both horses and
the boy were swept away and over
the rapids and Mr. Lerwell had dif
ficulty In saving his own life. Tho
hordes gained the bank consldorablo
dlHtancn below tho Tord. Rlddio
Tribune.
M EIK'IIA NTS CA RNI VA L,
One of the most, novel and attrac
tive entertainments of the season will
bo given next Friday evening. Fifty
young ladies will reprohent tho mer
chants of tho city In costume and
in pretty Greecian figures and drlltH.
It promises to bo ono of tho most
unSquo attractions ever presented to
a Roseburg audience.
Among the representations will be
tho Queen of tho Brilliants, The Ko
dnh Girl, the Preferred Stock Girl.
Snow Drift Flour Girl, the News
Hoys, Apple Blossom Girl, tho Bride,
the Groom, the Jockey, tho Chaureur.
the Red Cross Girl. Monopolo Girl.
the Club Woman, the Club Mnn and
many others festurlng tho morchaut
In song and sketch.
DEAL AT HOME
For good tailoring call at 137
Jackson street.
n 23. S. A. PHILLIPS.
A. C. POSEY, M.D.
Specialist for Eye, Ear
Nose and Throat
Diseases.
Eyes Fitied With Glasses
PARROT BUILDING
ROSEBURG, OREGON