The evening news. (Roseburg, Douglas County, Or.) 1909-1920, August 16, 1915, Page 1, Image 1

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    The News For Results
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Dally Weather Report
Fair Tonight and Tuesday;
Cooler Tonight.
Highest temp, yostorday .,,86
lowest temp, lust night ...5S
VOL. VI.
ItOSKItUKG, DOVULAS COUNTY, OREGON
MONDAY, AUGUST 1, lots.
. . Xo. 24 t
r
OUTLAW MAKES
DARING ESCAPE
Sheriff Smith of Josephine Co,
Locked In Cell.
COMPANION OF HOOPER IS CAPTURED
Had Served Several Prison Term
And I Known By Officers
To lie a Desperate
Cluiraeter.
GRANTS PASS, Aug. 16. John
Austin Hooper, college graduate and
king of highwaymen, aided hy a fel
low prisoner, who says that Hooper
forced his assistance, made a daring
escape from the Josephine county Jull
yesterday morning.
The highwayman, who was In jail
here awaiting trial since his capture
at The Dalles July 19, for tho rob
bery of the Southern Pacific station
here three months ago, overpowered
Sheriff Smith, disarmed him, locked
him in a cell and fled with Joe Col
inge, the fellow prisoner who aided
him. Colinge has been recaptured,
but nothing has been seen of Hooper
since he left the outskirts of Grants
Pass Sunday morning.
Sheriff's Outcry Cut Off.
As Sheriff Smith entered the cell
with the two prisoners- breakfast yes
terday morning at 8:30 o'clock, Col
inge seized him, pinioning his arms
to his side. At the same time Hooper
grasped the sheriff by the throat,
preventing an outcry, and then tied
a rag around the officer's mouth.
Colinge, at Hooper's order, then took
the sheriffs automatic pistol. They
then forced Sheriff Smith Into an
open sell and slammed the door,
locking It.
Hooper then took the automatic
pistol and cartridge belt from Colinge
and. picking up a small valise, left
the jail, accompanied by Colinge.
Hooper Commandeers lluguy-
The two prisoners separated as
soon as they left the jail, Hooper
starting for the hills north of Grants
Pass and Colinge going toward the
railroad tracks. Within two hlockB
of the jail Hooper overtook Sam Ellis,
driving along In a buggy, and stopped
him with the Information that there
had been a serious accident a few
blocks up the street.
Mr. Ellis drove north with Hooper
at top speed toward the scene of the
supposed accident when Hooper drew
his revolver and commanded Ellis to
keep going, threatening to kill him
at the first show of trickery. At the
outskirts of town Hooper got out of
the buggy and told Ellis to drive back
to town. Nothing has been seen of
Hooper since.
In the meantime Sheriff Smith's
out cries had attracted attention and
ho had been released from the cell
where (he prisoners had locked him.
A hunt was begun at once for the
fugitive, and Colinge was caught
within half an hour. He offered no
resistance. He asserted that Hooper
had drilled him carefully in the part
he was to play In the jailbreak and
had threatened to kill him If he fail
ed to carry out his part of the plot.
He Is awaiting trial on a statutory
charge.
Hooper was as thorough In his pre
paration for the escape as he has
GERMANS TIE
BERLIN", Aug. 16. The forces of
von Mackenzen have captured Alav
attcozse, which is less than 24 miles
southwest of IJtovsk, the war office
announced. Von Mackenzen also
raptured Ctale, and to the west of
Brest-Lftovsk, the Bavarian Torres
have occupied Losige and Mledzyrzec,
these making the different points oc
cupied durin gthe past 24 hours. The
Bavarian right wing is advancing to
ward Biala, 2S miles from Brest-Lit-ovsk.
where the Russians are expect
ed to make a stand before retiring to
1he outer works of their new for
tress base. i
been, apparently, In all the long list
of highway robberies of which he is
charged by police of Portland, who
caught him just as, they asserted, he,
was preparing to rob a train at The!
Dalles. A valise which he kent lni
the jail he had carefully filled with
food and tobacco yesterday. Colinge,
According to his story, had been care
fully drilled In his part, and the out
law took no chances of failure.
' The crime of which he was accused
In Josephine county was only one of
a series, and the prisoner, who admit
ted having broken parole from Fol
som penitentiary, California, .where
he had been serving a 'life sentence
for , highway robbery, had been
brought here for trial against the
advice of the Portland directives,
who foretold that Hooper would got
send him back to Folsom to complete
serving !the life sentence.
Special Officer Kelly of the South-1
ern Pacific was notiried yesterday af-J aK;lil,st the citv of Roseburg In which
tcrnoon of the escape of Hooper and; tllH I,,ttor sol,Kht to restrain the de
told to he on the lookout for him in rcndn,,t f,om iRsui"K the s"m of
h e, In ,1,1. ,llrectlnn Mr. 30,000 to be used for the purpose
....
Kelly is of !the opinion that he Willi
never show up In any towns along
the S. P., but will keep to tho woods
until he reaches tho northern part of
California where Ihe has many
friends who will protect him.
Fugitive Known to Sheriff Qiiliic.
Hooper was known lo Sheriff
Qulne as he spent one night In the
uouglas county jail while being taken
from The Dalles "to Grants Pass to
await trial. Mr. Qtilne stated that
he was a powerfully built young man
and would have had little or no trou
ble at all in overpowering Sheriff
Smith, who Is slight of stature.
At a late hour tills afternoon no
trace had been found of Hooper by
the many posses who have been
searching the hills around the coun
try ever since he made his daring
escape yesterday.
ITALIAN FEUD
PORTLAND, Aug. 16. Two un
identified men stepped from the road
side on the outskirts of the city, as
Joseph Cereghino, an Italian garden
er was driving on this by-way to
market, and shot him In the back.
Cereghino suspects two business ri
vals with whom he had quarreled as
being the assailants.
GEN. VON BERNHARDT GERMANY'S FAMOUS MILITARY GENIUS AND
AUTHORDISCUSSES THE WAR WITH AN AMERICAN PHOTOGRAPHER.
q for,, - - ' I jm J 'J? vM
OEN. F. VON BERNHARDI,
MEMBER OF THE KAISER'S
GENERAL STAFF AND AUTHOR
OF THE WORLD-ROUSING
BOOK.- "GERMANY AND THE
NEXT WAR." THE PHOTO
ABOVE SHOWS GEN. VON
BERNHARDI DISCUSSING THE
WAR WITH W. H. DUR BOR
OUGH, AN AMERICAN PHOTOG
RAPHER, AT THE. GENERAL'S
HEADQUARTERS IN POSEN,
GERMANY. BELOW ANOTHER
PICTURE OF THE GENERAL.
HUNTER EAILS
TO MAKE CASE
Skipworth's Decision Throws
Suit Out of Court.
NOP BAUD OR TRICKERY SHOWN
Derision Snys That the City Council-
Used Givut Care and (iood
Kaitli in Entering
into Contract.
Tho decision of Judge G. F. Skip-
u-ftrlll In in fana nt nn llllltloi'
of constructing a standard guage .
railroad from this city to the bound
ary of the ITmpqna National Forest
reserve, arrived in the city this
morning and was filed by the coun
ty clerk.
On account of not being fully ad
vised on the subject Judge Sklpworth
took the case under advisement and
for the past several days has been'
giving the different points Involved
his serious consideration, from the
evidence and pleadings pubmltted,
the following facts were found by the
court:
1. That the plaintiffs In the action
are taxpayers of the City of Roseburg
and voters therein.
2. That the defendant city of
Roseburg Is a duly Incorporated mu
nicipal corporation under the laws of
the state of Oregon.
3. That the defendant N. Rice is
duy elected, qualified and acting
mayor of the city; that the defend-;
ant councllmen are duly elect" 1 qua!-
ifled and acting councllmen that C.
E; Wlmberly is the duly elected and
acting recorder of the city; that the
defendant Roseburg and Eastern R.
R. Is a duly organized and existing
corporation under the laws of the
state of Oregon and that S. A. Ken
dall Is it's president, and O. P. Co-'
show is the secretary thereof; that
S. A. Kendall and J. I.. Kendall are
and at all times herein mentioned
have been partners doing business
under the name or Kendall Bros.
4. That during the month of June,
1916, the defendant Harry Pearcc
-hF .W- H I
brought suit la the circuit court of
Louglns county for the purpose of
! testing the validity of the bonds in
I question in this BUlt; this suit was
I tried in said court and a decree made
uuu eniereo in iavor oi mo ueieno-
ants and against plaintiff. This de
clslon was then appealed to the su
preme court of the state of Oregon
and the decision of the lower court
affirmed.
5. The court finds-Jthat this
friendly suit was not a collusive one,
but was tried In good faith and far
the purposo of testing tho validity of
the charter amendment of the city of
Roseburg which authorized the Issu
ance of $1100,000 of. bonds which
vere to bo used for the purpose of
constructing a standard gunge rail
road. G. The court finds that the de
fendants did not enter into a con
spiracy to try and got $300,000 of
bonds of the city as a bonus or gift
to themselves or to corporations in
which they are interested, but that
t ho defendant city through it's coun
cil in good faith passed ordinance
No. C10 and submitted to tho legal
voters of the city tho charter amend
ment authorizing the lssuanco of the
bonds.
7. Tho court finds that all ordin
ances and proceedings in relation to
the special election held June 3rd,
whereby the charter amendment was
submitted to the electors of the city
were legal and said election was le
gally held and that the charter
amendment was duly adopted, that In
I all things pertaining to the election
and ordinances and charter amend-
. ment of the defendant city and ap
plicable to such proceedings .wore
legally complied with.
8. That on July 15 the city en
! tered Into a contract, which was at
, tached to plaintiff's complaint, pur
suant to the charter amendment
Thls; contract Is authorized by tho
charter amendment and thereby the
defendant city ihnd a right to enter
into the contract. This contract is
not in any way a violation of the
charter amendment but is duly auth
orlzed by the charter amendment.
9. The court finds that the $300,
000 Is not In anyway a bonus or sub
sidy to any firm, corporation, asso
ciation or person, but was authorized
for the purpose of enabling the de
fendant city to build a railroad to be
owned by the city.
10. There was no scheme or con
spiracy to use the bonds of the city
or to tax the plaintiffs or any tax
payer of the city for the private In-1
terests of Kendall Brothers, the
Roseburg and Eastern R. R. or the
(Continued on page .)
GETTING READY
EOR THE FUTURE
President Prepares Plans Plac
ing Nition on Safe Basis.
NO INTERFERENCE. WITH PEACE APPEAL
Millions of Trained Military
Who. Are Not Citizens
Strong Argument l'or
Nutloiuil Defense. '
Aliens
WASHINGTON, Aug. 10. The
president has commenced to actively
map out the now program and policy
for tho national defense, and today
discussed the question of the naval
preparedness with Secretary Daniels
and Admiral Denson. Daniels tub-
mlttcd a summary of naval conditions
and his recommendation for improve
ments in line with tho new policy.
It Is understood that tho president
will ask of congress to make the us
ual appropriations for two 'battle
ships, also for one, possibly two bat
tle cruisers, between sixty and seventy
submarines, and enough torpedo boat
destroyers to give each battleship or
dreadnaught a guard of four.
Will Xot Interfere Wlt-lt Peace Appeal
WASHINGTON, Aug. 16. Car-
ranza will not attempt to prevent the
transmission of the Pan-American ap
peal to the various Mexican leaders
and governors, Diplomatic Agent
Parker reported to the state depart
ment today from Mexico. Tho re
ply of Villa to the note, reported to
be enroute to Washington, Is said to
be favorable. There is no answer
expected from Carranza before Sat
urday. Tho reports declared that
Carranza might call a conference of
his commanders to frame a joint reply
to the communication. Military op
eatlons are expected to bo suspended
during consideration of the peace ap
peal. Argument for National Defense.
WASHINGTON, Aug. 16. There
are 16 million foreigners In the Unit
ed States who have not acquired citi
zenship, the figures of the naturali
zation bureau show. Eight million of
the male aliens have had a military
training. Claiming that only equip
ment Is needed for this vast army of
men trained In pillltary service and
work to constitute a hostile force,
and that nn Invasion of the United
Steles would not ho nocesanry, advo
cates of military preparedness are
planning to use the figures of the bu
reau In cnrrylng on their campaign.
Tho eight million forelirners with mil-1
ltary training. Includes two and onej
half million Anstro-Germans, and I
five and fine half million citizens ol'i
the allies.
MILE OF TRENCH!:
PARIS, Aug. IB. The capture of
a mile of trenches between Bernhaupt
und Ammertz-Villr in Alsace, by
chausseures who first wrecked the
German positions by exploding mines,
then charging the crumbled works, is
announced hy the war office. The
chauHKeurs surged In upon the enemy
following the explosion and captured
those who were trapped under the
f'cbrls, and pursued the survivors,
while a great number were killed.
Z
PRAYS FOR PEACE
ROME, Aug. 16. Emperor Frnnz
Joseph, of Austria, has written the
pope, applauding his efforts to bring
about peace, nildlng: "I also pray
God we may havo early peace". The
pope has summoned Cardinal Gas
parrl, the papal secretary of state
from his vacation, and It Is reported
that this move Is- prompted by new
efforts toward peace.
i.NTS IN THE AVAR
ONE YEAU AGO TODAY
Baron Chinda, hands to Secre
tary Bryan for' transmission to
Berlin, the Mikado's ultimatum
requiring the Gertnans to quit
Klo-Chau within a week.
Servians sink two Austrian
boats fliyd with soldiers while
big guns fight duol at Belggrade.
Canadian government receives
war gift of $500,000 to start
fund.
U. S. cruisers Tennessee aTii
North Carolina reach Falmouth
with gold for stranded Ameri
cans. Lull In fighting nt Liege.
French and German forces clash
near Dlnnnt.
French attempt to retnke
Mulhausen.
MARINES LOSE
LIVES IN STORM
WASHINGTON, Aug. 16 Two ma
rines belonging to the battleship New
Hampshire, were swept ovorboard and
drowned during a storm In the Gulf
of Mexico Sunday, the navy depart
ment announced. The men lost were
nerdle Ray, of Mississippi, and Jo
seph Rnhlnson, of Ohio. Their bodies
were not recovered, and the depart
ment has notified Ihe parents.
FIRST VICTIM OF
DEER SEASON
ALBANY, Ore., Aug. 1. The first
victim of the deer hunting season was
Fred Layton, aged 16, who was kill
ed by the accidental discharge of his
own gun, In the Alsea mountain dis
trict on Sunday. He died as he was
.being brought to Albany on an Im
provised litter.
K.XTKACT8 KHOM A LKTTKK
JUST ItKCICIVKIl J-'HOM
Mil. 8. A. KENDALL
"I regret very much that matters
are not in shape to begin actual
construction. I fear If It will be do
layed much longer It may not be op
portune to begin work before spring,
as It would be impossible to do any
work In that bluck mud during the
rfilnv season.
"However, we hold ourselves ready
at this end to begin work JUST AS
SOON as the city Is In shnpo to re
lease Its contrnct and ask us to get
to work."
"I have written Mr. Von Plnnta to
day to forward' to Mr. Coshow the
exact location In order that rights-of-way
may be deeded."
Hoping that the counefl may s:nl
for us to begin work In the near f ti
ll re. I am
Yours truly,
(Signed.) S. A. KENDALL.
INSANE Ml HMvIiMI Ht'KiDKS
SOUTH BEND, Intl., Aug. 18. Si
las Kbersolc, aged GO and a former
Dunkflrd minister, who was charged
with strangling to death Hazel Mack
lin, aged 15, a year ago, suicided In
his cell here today by hanging him
self. Ho Is believed to have been
Insane.
.fudge .1. T. Ronald and wife, A.
Warren Gould and wife, Mrs. l'helan,
Miss Williams, Miss Nichols and Ed
ward P. Trempcr and wife, formed
an auto party which passed through
tho city today enroute to their home
at Seattle, afer a month's visit at the
exposition. Judge Ronald Is a Judge
of tho superior court at Seattle, Mr.
Warren is a very prominent archi
tect, and Mr. Tremper Is manager of
tho Title Insurance Co. with head
quarters at Seattle.
Jay Carter and Orvllle Smith lcTt
this nfternoon for Valley View ranch
whore they will spend their vacation.
Dr. L. M. 1'hrbach today operat
ed on Mrs. G. Lloyd at Mercy hospi
tal for appendicitis.
KV