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About The evening news. (Roseburg, Douglas County, Or.) 1909-1920 | View Entire Issue (June 8, 1915)
The .News For Results - - If you have lost or found, If you wunt to bay or sell. If you want work or workers, Use The News Classified Ads. Daily Weather Report Fair Tonight mid Wednesday. Highest temp, yesterday ......78 Lowest temp. Inst night 47 VOL. VI. ItOSEUUHG, DOUGLAS COUNTY, OUF.GOX TUESDAY, JUNE 8, 1018, No. ISO .1: BOMBEXPLODED BY C ARDWELL Claims Brother of Geo. Neuner Responsible for Crime COURT RULES EVIDENCE NOT COMPETENT Dramatic Scene Enacted When Start ling Accusations Are Made - Tnuiip Card of The Defense Fails. Attorney Cardwell exploded the bomb which he has claimed he has bad In his possession for a long time, late last evening In the court room. All during the present trial he (Card , well) has by inference and other i wise let it be known that he would spring a sensation some time during the trial. Prior to the convening of this term of court he is alleged to have made demands upon the district attorney to have the murder charge against his client dropped or to suf fer the consequences. It is further alleged that he had some of bis , friends go to .Mr. Neuner and urge bim to drop the case, as be had posi tive evidence that his brother, John, was connected with the case and these facts would be brought, out in the case i ft ever came to trial. These threats did not worry Air. Neuner, who at one time made the remark that the Indictment of mur der had been returned against Far num and It would be tried out re gardless of whom it implicated, y'lf Farnum is innocent,' Mr. 'Neuner said, "there Is no one any more anx ious to clear bim of the charge than I, but the charge aaginst him will never be dropped by having threats made to me or any of my people." Caldwell threw his bomb shortly after five o'clock last evening when be had Alf Clark, brother of the lady senator from Douglas county on the stand, when he asked him the ques tion "Do you know John Neuner " to which the witness answered "yes". The question was then put to him, "Did you ever hear John Neuner make any statements regarding this crime which would connect him?" Before the witness could answer this question, Mr. Rice objected and the objection was sustained by the court. Mr. Cardwell stated to the court that he expected to prove by this wit- ness that John Neuner had made statements to this witness and a num ber of others which would prove the innocence of the man now on trial and which would convict him. At this point the court Bald that he would hear the law on the admissi bility of this evidence and dismissed the Jury. Mr. Cardwell stated that be would call to the stand a number of witnesses who would testify to having heard John Neuner say that he in all probability would be accus ed of the crime for which later on Farnum was arrested on account of having carnal knowledge of the per son of Edna Morgan. Another wit ness would testify to having been told by Neuner that were he arrested that he would easily be cleared of the crime on account of his brother being the district attorney, and that he could bring a number of witnesses from Glendale who would easily prove an alibi for him. The district attorney was willing to have this tes timony of Mr. Cardwell's introduced, , as he would be able in rebuttal to prove that his brother was In this city on the night of the Sth of De cember attending a party at his home and left the next morning for Glendale. Judge Sklpworth, after hearing both Mr. Cardwell and Mr. Rice, as to the law on the admissibility of this heasay evidence, ruled that It was not competent and would not allow the witness to answer the question iput to him by counsel. This will apply n all of the witnesses whom he ex pected to have testify after Clark left the stand. According to persons who were In the court room at the time of the burling of the bomb by Cardwell, it was one of the most dramatic mo ments ever enacted in the court house of Douglas county. The prisoner, youthful In appearance and bearing, surrounded by his parents and friends and with a court room filled with people of whom the great ma jority are in sympathy with him, de pended much upon this evidence be ing admitted, as It was without ques tion their trump card. Chagrin and disappointment were easily notice able upon the features of the mother and father of the prisoner when the court announced his decision upon the admissibility of the evidence. Their attorney saved an exception to the ruling, but as the supremo court of the state has passed upon the ad missibility of hearsay evidence of this character, it Is not likely to figure strongly in case the trial goes against Farnum and an appeal is taken. The electrified . condition of the; atmosphere noticeable In the court room last evening had disappeared to a considerable degree this morning upon the convening of court. Wild rumors had spread about the streets of the city last evening and a much larger crowd was in attendance at ! the morning session than ever before I. B. Riddle was the first witness at the opening of court and ne wa3 asked to tell from his stenographic notes of the former trials the testi mony of Gus Pollock when ho testi fied of seeing Edna and Roy emerge from the Morgan barn during the haying season. This was done for the purpose of impeaching the evi dence of Pollock. Riddle also test! fled of being In the sheriff's office most of Sunday, December 13, when District Attorney Brown and the Bherlff "sweuted" Farnum for nearly seven hours. During thia time Far num never left the office and went to the jail. This was for the pur pose of discrediting the evidence of Dr. Kauffman, who testified of talk ing to Farnum In the Jail on that date. Hazel Dysert, a resident of Mol rose, took the stand next and told of meeting Edna Morgan last summer while on a visit to the Johns family In the Cow creek country. During her stay of two weeks she had met Edna four times and after her re turn received a number of letters from her. One of these was intro duced in. evidence. Edna had written among other things in his letter that' flcation as would insure a continua "she was very busy this week and itj t!on of the negotiations, should Ger- Is my sick week too". This letter ---.- th principles set forth was admitted as evidence over the! by the United States. He was over objection of the attorneys for the! ruled, but endorsed the general terms state who contended that no evidence I was shown that the letter came from Edna Morgan. Upon cross examinaion the shadow of doubt was cast upon the witness and upon the 'letter for under a strong glass the words "and this is my Bick week" appeared to have been written in after other words had been erased. Mr. Rice wanted to know who had written those words! In the letter and to this question the! witness answered that they were in there at the time she had received the letter from Edna. The fact was brought out that this correspondenqe of an intimate nature was written; after the witness had met Edna but, four times In her life and after an ac-: auaintanceshin extendlnc over two weeks. j (Continued on page 4.) PROTECTED BY M 1 h I-- ill ;v. A procession of boats filled wit h allied expeditionary troops are here seen passing between the transports on their way toward Qalllpoll pen insula, at the mouth of the Dardanelles. They are being towed by pinnaces from the battleships. Just a few moments after this plcturo wa taken a hidden land battery on the a horcs opened flro on the boats and sicceeded In sinking ona of them, though the men wore rescued. BRYAN RESIGNS POSITION Stormy Scene With President Brings Resignation WILSON REPLY ALMOST AN ULTIMTAOM Bryan Wanted Tone Modified That Further Negotiations Could Be Carried On, liitYA.v has resigned. WASHINGTON, Juno 8. Secretary of State Bryan resign ed .following stormy scenes preceding cabinet session dur ing which Wilson's rejoinder to Germany was discussed. Bryan disagreed with the president! and other members of the cab- ! lnet as to the position the Unit- ed States should take. President Wilson announced from the, White House that the resignation of Bryan had been accepted. WASHINGTON, June 8. As fin ally revised, the president has pre sented his latest note to Germany to the cubinet, and a unanimous approv al is understood to have been given to the rejoinder. After being held up since last Friday, while tho presi dent went over the communication, 1 determined it should be correct even ' to the most minute detail, It is stated that following the cabinet meeting, j it is now to go rorwnrd in the "im mediate future". During the discus sion of the answer to the Berlin note regarding the Lusitania, Bryan' Is un derstood to have desired such modi- HIP, II I V lll'ltHAH. SALEM, June 8. Articles of Incorporation of the ROSE-BURG-EASTEBN Railroad Co., capital stock $1,000,000, which plans a lino from Rosbeurg east ward to a point where tho North Umpqua river intersects with the western boundary of the Umpqua National Forest Reserve, was filed with Com mossfoner of Corporations Schul derman here today. The incorporators are Joseph Micelli, J. F. Barker, A. T. Harshall, B. W. Strong, O. P. Coshow and John W. Oliver. WARSHIP GUNS, ALLIED i-i t "iTiMiitiir - y t of the rejoinder. The note as now framed, is understood to take no backward steps from the firm posi tion previously indicated. Hi-jan Disagrees With Wilson. WASHINGTON, June 8. At the conclusion of the cabinet meeting the president caused Secretary Tumulty to announce that the rejoinder to Germany was complete and that "it J is hoped" that the note would go for ward tomorrow. But the cabinet -is not unanimous in approval of the communication. Bryan left 'the White House after the ministerial session determined to fight for a modification of tlie note up to the minute it Is cabled to Berlin. It Is understood that the note as it now stands firmly reiterates the rights of the United States under international Inws as set forth in previous commu nications. Bryan believes the United States to he on record favoring arbitration. If this be so, he considers it a mockery to forward a rejoinder which he con siders to be an ultimatum. I'ono Will Try for Peace. ROME, June 8. The Vatican In tends to propose a peace congress soon looking toward the bringing an end to tho war, according to the Giornale d'ltalia. Pope Benedict, It Is said will propose Hint he preside over the congress in person. , SUIT IS FILED TO Harry Pearce. through his attorney I O. P. Coshow, today filed a petition' in the circuit court, asking that the council be enjoined from entering! Into any contract with Kendall Bros, and from issuing any part or all of the bonds which were authorized at the election held here last Thurs days. This suit is regarded as a friendly one to test out the validity of the election and the bonds and is filod at this time In order to expedite the work of railroad construction. A decision on tho injunction Is expect ed within a .few days from Judgo Sliipworth who will hear tho appli cation. As soon as his decision is announced tho case will be appealed to the supreme court where a decis ion will probably bo handed down within a very few weeks. A suit of this nature is necessary before bond buyers will purchase municipal hondsi of this character. In acknowledging the check for her services as one of the Judges of the eugenics contest at the lute car nivnl, Dr. Mary Madlgan, of Port land, expressed her delight at the fine time she had whllo hero She state3, when speaking of the baby contest that "the bucccss of the eu genics contest was due almost en tirely to the supervision and personal work of Mrs. L. O. Muddox. Her official management made possible the thorough examination of such a large number of babies In one day. I TROOPS LAND AT THE irt ' 1 MAYOR NAMES R.R.COMMITTEE Council Will Confer Witn Officials About Lease OYOR ACTS AS CHAIRMAN OF BOARD Hill For Weed Cutting Considered Excessive and Is "Trimmed" Accordingly By Tho Council. COUNCIL CHAMBERS, June 7.--That the city council will safeguard tho city's interests In the matter of the contracts aud- other legal nffairs before a lease is signed with the Ken dalls was made apparent at the meet ing of. the body last evening, Mr. Hamilton read a resolution which after eulogizing the Kendalls for what they Intend to do for this city and what they will do when once they get started, provided for the ap pointment of a cohimlttoe which will be known as the railroad committee and whose duties will be to outer Into, a contract with tho Rosebnrg and Eastern Railroad Company lor the construction of the said railroad by the railroad company and leasing the railroad to the said company. Mayor Rice, oftor some consideration appointed the entire council to act as a committee and upon a motion put to the body by Mr. Clark, Mr.yor Rice was elected to act as chairman cf the committee. A communication was read from the chairman of the committee hiv ing charge of the Itinerary of the trip of tho Liberty Boll which sjld that the historic rollc would arrive In this city on July 15 at 8:15 p. m. A committee consisting of Clark, Hhr.mbrook and Hamilton was ap pointed to attend to any arrange ments which may bo necessary to make for the reception of the bell A letter from W. D. Harnoi, of Owensburg, Ky.. wns read which stat ed that ho had rented a hoiiBe of his in this city for pest purposes and that but a half month's rent was paid to hi in when he hud rented It to the city for a wbolo month. It was ex plained that It had been used but 13 days and a release had been obtained from the agent In this city and check for 13 days mailed to him. This explanation was considered sufficient and the mattor dropped. Mr. Rhambrook stuted that nothing could bo done about tho matter of hitching horses In North Roso street as It was a public street and not used at all and bosldes but very little bitching was done there at any time A petition from a number of property owners asking that the city have a survey made of a sanitary sewer system which will glvo relief to a soctlon of Chadwiek addition known as block S, and which is with out sewer connections. This is be- DARDANELLES 'ft - i "S' , ' ; - , - - . t - ' ... -.-42) twoen Fowler and Pitzer slreota south of Doer creek and for a por tion of Loudon and Wheeler's addi tion and for a portion of Craig's ad dition between Fowler and Main streets. It was explained, that all of the necessary right of ways had beou secured through whoso properties this sewer will have to pass and a motion was made to have the en gineer prepare tho nocestary plans and specifications for the construc tion of the sewer. ' The marshal reported thut he had served the Douglas Countv nnii.n,, and Loan Co. with a notice to cut the weeds on lot 2, block 69 and that they had failod to comply with the notice and that he had had th cut and the cost assessed against the proporty. The same action i, en on the lot owned by Frank Alley on S. Stephens street. Tho hill for the former, amounting to $12, was considered excessive by the council and wns cut in two, the" latter bill amounting to 5.40, was allowed. The office of electrical Inspector Is coBtlng the city good money every month, according to the reports of the office, as "but $5.20 has been turned in by the Inspector and $30 Paid him in salary. The difficulty will be given some investigation by the members and a report mnde at the next meeting. A bill for $84.45 of Mrs. Evelyn Johnson for a transcript of tho case of Giles vs. the City of Roseburg, was reported without recommenda tion, hut after the city attorney had explained the matter the bill was or dered paid. An ordinance providing for ,the construction of a sower In block 81 was read the first and second times. The Bpeed ordinance, which has been In the hands of the city attorney for some time undergoing some cljangrs was reported and read. The limits of spocd within the' business districts was left blank by Mr. Abra ham, so they could be filled In to suit the members of the body. It was suggested by the petitioners that the limit bo rniBod to 20 miles In tho residential districts and 12 miles an hour on Cnss, Jackson and Shori dan streets. Hamilton and Sham brook objected to the 20 mllo speed and voted against It when it came up for a voto. The other mombors out numbered them and the measure was passed wllh the figures standing that way. An ordinance regulating the post ing of advertisements nnd nostora by outBldo concerns within the city limits was read. TIiIb ordinance pro vides for the licensing of concerns of Ibis kind and prohibits certain kinds of signs being tacked or posted In the city. All of the mombors consid ered this n good measure, and It will doubtlcBs bo passed when It comes up for final consideration. Sbnmbrook called the attention of the council that tho time limit on tho notice served upon J. W. Hamil ton for the construction of his side walk on East Lane street, had ex pired and that ho wob In favor of having a walk constructed there as the city had forced a number of other property owners to put In walks and he was no respector of persons. Muy or Rico stated that ho was not In favor of having any more law suits for tho ennsti uctlon of walks, oven ,y ,ver0 neccsBnrr. Slinm- brnok contended that If the city "lay down ' on this case they could nover force another walk In the cltv. Councilman Hamilton Hinted that where tho city was weak was in the fact that It did not provide for the continuation of this walk on Lano street puKt tho Wollenberg properties. Khambrook made a motion to havo the marshal ndvertlse for bids for Die construction of the Hamilton wolk and one In front of the prop erty belonging to Mrs. Frank on K. Oak street. IMM .ICMPEIt AIHIKSTKD AT THE DAI.LKH VESTFItD.A V The sheriff received word this morning that Kben Mode, who form erly lived near Kellogg wns arrest ed at Tho Dalles yesterday nnd thut the nfflcrs would hold him until tho arrival of the officers from this placo. f'.licrlff Qulne said this morning that he would go after him tomorrow when he would take Jack Mangiim to the penitentiary to begin the serving ef his sentence of two to 20 years for forgery. Mrs. M. O. Walker left today for her home at Wilbur after a visit with friends and relatives in this city.