Roseburg review. (Roseburg, Or.) 190?-1920, July 21, 1908, Image 1

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Roseburg review., July 21, 1908, Image 1

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Newspaper Page TextDOUGLAS IS THE BEST COUNTY IN OREGON AND OREGON IS THE BEST STATE IN THE UNION. THESE ARE FACTS YOU CAN BANK UPON. KEEP WELL POSTED Ou the curreut events ol the world's prosroni! by reading thu Uaily Kktikw. i-Vivfrtil by carrier, 60 ent n.ontl, Review PROFITABLE INVESTMENT Advertisers get good returns from an iiounrementB placed in live papers the Daily and TwicE-a-wbi Rivikw. ..Try them there's none other go good. OSEBURG VOL. XI. KOSKUVHG, OREGON', TIKSDAV EVKNINU, JII.Y SI, 1008. NO. 121. R 1ST AND 2ND Council Takes Another Step Toward Paving BOND PROCEEDING BEGUN Drlnkiog Fountain Accepted Etloil to Secure Free Delivery ol Mail is Aided One more step toward street pav ing was taken Monday, night, when the necessary ordinances were given first and second readings before the city council. With the exception of a few minor alterations, the ordin ances, seven in ull.. embracing the proposed paving area in its entirely, are identical in language with the resolutions published in the Hose burg newspapers a few days ago. At the next regular meeting of the council, which will be held Monday evening, August 3, the ordinances will be given third and linal readings and then placed on final passage. Seven affirmative votes are neces sary to pasB each of these ordinances, but there is no reason to believe that they will-not go through the council unanimously. Not a solitary expres sion against the paving has been heard in the council, and to nil ap pearances the project has smooth sailing ahead. As previously staled in The Review, no remonstrances have been filed against the paving, and tills fact alone is considered suf ficiently strong enough to have deter red any opposition to the project that might have been contemplated in any quarter. On the night that It passes the ordinances, the council will also au thorize the recorder to advertise for bids for laying the paving That will require a week or ten days according to the discretion of the council What action will be taken after the bids are opened cannot be forecast ed with certainty. If the bids are considered too high the council has the right to reject them and adver tise for new ones. Tf the lowest bid is satisfactory, It will probably be accepted without delay, followed by the commencement of the work at the earliest, possible day. Paving Area and ro.-r. Engineer F. C. Kelsay has placed the probable cost of the street pav ing at $61. 059.15. In addition, an estimate of $6,000 Is required foi the proposed new bridge of concrete and steel over Deer Creek, and to both amounts must' be added Mr, Kelsay's commission; which will to tal about 927U0. Then some rock crushing and grading machinery must be bought. This means a few thousand dollars more. A represent atlve of lleale & Co., of Portland. dealers In crushers and graders, ap peared before the council Monday night and requested the privilege of demonstrating the merits of such equipment carried by his house whenever the city got ready to buy His request was granted. As to the Deer Creek bridge, the council took no action, other than to file a re port from Engineer Kelsay. saying that the survey was completed. As soon as the plans and specification? are received from Mr. Kelsay. steps toward building the bridge will be hurried along. Mr. Kelsey's estimate of $0 0.19.15, for the street paving alone covers all seven ordinances now In procedure before the council. The streets embraced, together with Itemlxed cost, are the following: EstnTd Street Cost CasB Main to Sheridan . .$1 2.77 1 .4 Jackson Lane to Douglas 17.809.4 Main Cass to Douglas.. 14. 139. Douglas Jackson to east line court house square 5,14.1 Washiagton Jackson to Mail 1.03.7 Oak Jacksoa to Main... 1.003.7 Hbrldai Case to VofWr 8.1." I The Doiitf Ordtawe. Coicirresitly with th reaint of lift strut infiM ordinaftref. tlx cotsWl alse listen to trt and sec ond t4 of an orttntnrp author izlns the otttion of ;lfi.ooo wort of bon. wit which to defray 50 per ot of the cost not only of snrh pav lr.. but of the Deer Creek bridee a well. This ordinanae will also in nlaced on Its final passaeeat th npit ret'Air meeting of the council The bonds will be issued, hnw ever, until after the contract for th paving is awarded. Following is the bonding ordinance in full: OKIUXAXCK Xt). . n Ordinance Providing for the Is suance of Bonds of the City ol Koseburg, in the Sum of Thirty Five Thousand Dollars, for the Purpose of Paving and Otherwise Improving the Streets of said City of Koseburg, and for the Purpose of Constructing a Bridge Across Deer Creek in said City. e it Ordained by the People of the City of Koseburg: Section 1. That iu order to pro vide funds for the purpose of paving and otherwise improving the streets of the City of Koseburg, and for the purpose of constructing a bridge across Deer Creek In said City, the ommon Council of the City of Kose burg hereby determines ami resolves to borrow on the faith of the City f Roseburg the sum of Thirty-Five housnnd Dollars and to issue bonds of said City therefor. Section z. Said bonds so to be is sued shall be in denominations of ive Hundred Dollars each, number ed from 1 to 70 inclusive, payable twenty years after the date of Is suance, bearing interest at the rate f five per centum per annum, from date of issuance. They shall be ated at the City of Koseburg. Ore gon, on the date of Issuance, ajid said Interest shall accrue and be paynble semi-annually each year thereafter. That snid bonds to be issued as foresaid shall be issued in the form following, to-wlt: UNITED STATES OF AMERICA,. STATE OF OREGON, No $500.00 ROSEBURG STREET IMPROVE-. MENT BONDS. Act of May 6. 1007. 'aynble In Gold Coin of the l;nited States Twenty Years From Date. KNOW ALL MEN BY THESE PRESENTS: That the City of Rose burg, Douglas County, Oregon, for alue received, hereby promises and agrees to pay to the bearer the sum of Five Hundred Dollars In gold coin of the United States of America the presentation nnd surrender of this obligation, on the day f 1928. with in t grace, - redeemable on or after hat date, and interest thereon from he date hereof at the rate of five per centum per annum,' payable iemi-annually In like gold coin on the day of ind the day of .... 7 ... . . . . . in each and every year unlll he said principal sum shall be paid ipon the presentation and surrender tf the proper coupons hereto annex- d; principal and interest payable at he ofllce of the Treasurer of the ity of Roseburg, Douglas County Oregon. This bond and the coupons hereto mnexed are Issued in accordance with and in conformity to and by vir tue of the laws, general and special )f the State of Oregon nnd the Char er of the City of Roseburg, and In accordance with a vote of a majority it the qualified voters of the City of Roseburg voting at an election duly ailed and held under the provisions )f the Charter of the said City, he 2nd day of April. 1008. That all the conditions nnd acts irecedent to the issuing of this oh ligation have been regularly per formed according to law. and that he total bonded indebtedness of said 7lty Including this issue, does not xceed the total bonded Indebtedness of said City as allowed by Inw; and he faith of the City of Roseburg ;s Irrevocably pledged to the full pay- n put of said principal nnd interest as herein provided. In Testimony Whereof, this bond as been signed by the Mayor and Recorder of the City of Roseburg, in onformity with an Ordinance of said CRy directing tlu snme. Dated at said City of Koseburg, Oregon, this day or , , 1908. Mayor of the City Roseburg, Oregon. of Attest: Recorder of the City of Koseburg, Oregon. Section 3. It Is hereby ordered and directed that E. V. Hoover. May or of said City of Koseburg, and A. N Orcutt, Recorder of said City, or their successors in office, be nnd hereby are authorized and empower ed and directed for and on behalf of aid City of Koseburg. to properly execute and sign said bonds and the coupons thereto annexed, Section 4. That the said coupons o attached to said bonds shall be in th form following, to-wlt STATE .Of .OitrON .CITT .OF ROSkUH'KG. No 12.50 The City of R'burg. Ori. will iigv the Utrr Twelvt ind 50-100 l"dlrt In told coia frf Hit Uaitrd Stat of tmeri. at th o4tt ol th Treasurer of ttid Cltt ha tft ssi City of ll bint oft th 4my of It ing six ninths Intere on Kr butw Street Improvement iMnd. No. p. . Recorder of .e City of Ro-itirg. (Jrron Section 5. The Recorder W paid City Is hereby ordered and directed to advertise for two consecutive weeks in the Umuqua Valley News. a semi-weekly newspaper published Koseburg. and in the Koseburg uevunv, a unuy newspaper puuiisueci Iu said city, and for at least three asking lor the establishment of a consecutive Issues in the Morning freo mail delivery in this city. Mr. Oregoniau, a daily newspaper pub- Zureher explained that before such a lished iu the City of Portland, Ore- J petition could be granted the streets gon, for sealed proposals to purchase of the city would have to be desiguat said bonds or any part thereof, which 'ed on posted signs and the houses said advertisement shall state the amount of bonda to be Bold, the time lie Buuie nui ucuume uuc, turn lilt) rate of interest thereon, and the date at which proposals will be con sidered, which shall be the ...... day of August, 1908. Section Q. Upon said day of August. 1908, the Common Coun cil shall meet in special session and proceed to open said proposals; and hereby reserves the right to reject any or nil proposals, and to award said bonds or any part thereof to he firm, person, persons, -company or corporation making the best offer jr offers therefor. If for any reason a quorum of said Council should not be present at said meeting, those nresent shall adjourn to the next succeeding dny and so on until a quorum shall be present. If no bids should be received at said time. or if all bids, or proposals should be oy the Council rejected, the Council nay thereupon by resolution direct a re-advertisement for Iproposnts, to oe received at such time as the Cour.- il shall in said resolution specify; and this ordinance shall in all things ipply to the sale and issuance of bonds thereunder. Section 7. Upon the sale of said M-nds as specified In Section f of his ordinnnce. the Council shall di rect by resolution to whom the same have been awarded and the date said bonds are to be issued; and the May or and Recorder shall thereupon pro ceed to execute the same as herein before provided. Section 8. Said bonds so issued is nforesaid shall be delivered to the mrchaser thereof as hereinbefore rovided, upon the payment by said mrchaser to the City Treasurer of he amount bidden therefor. Section 9. There shnil be created out of the funds received from the tale of said bonds a special fund to be designated as "Street Improve- iient Fund," which shall bo kept by he Treasurer separate from other funds. nnd used only for the pur- Kses of paying warrants drawn on 'hat fund for the purposes men '.loned in this ordinance. Section 10. It being desirable ind necessary to advertise for the ale of said bonds at the earliest Into possible, this ordinance shnll he n full force and effect immediate); ipon its final passage by the Com non Council nnd Its approvnl by the M a yor, Passed the Common Council the ...... day of 1908. Approved by the Mayor the lay of 1908 Attest: Mayor. Recorder. Fountain Accepted. On behalf of the '95 Mentnl Cul fure Club nnd the W. C. T. IT., of his city, Councllmnn Josephson ten lered to the City of RoReburg the benutiful and serviceable public lrlnklng fountain purchased by these 'wo organizations. The donation 'arrled the conditions that the 'ountain be Installed and maintained at the city's expense. This didn't 'dense Mayor Hoover one bit. "I will cost about $100 to Install this fountain," he said, "and I think if a gift Is to be made to the city It ought o be free from expense on our part 3tlll," he added, "once the fountain s the property of the eitv we would be nt liberty to trade R off for severa' smaller ones, such aR Is used In Se aftle and other big cities." When the question of accepting 'he fountain was put to a vote It car- led unanimously, linked with a tot of thanks. For Free Delivery. J. D. Zurcher, secretary of th One of the Essentials of the happy homes of to-day is a vast fund of information as to the bent method! of promoting health and happiness and right living and knowledge of the world best product. Products of act al excellency and r"a"onabWr claiiiM truthfully presented il which haTa attained io vnrM-widv arcefjtanre throutf aptoviJ "f tWc YM-IifurmKl of tb W.i, 4 of m- tlu.J uJf , but f th awtay Wirt th faculty of Vmtf arf otW iaj thr bt Ife w4jl 'h. ( ta tb prilira 0 tit, of Haw ffw.irki irt m h:tlui , 4v"tM I t iy.ier d h-i M; hl If tM ft ill-informed L4l the Vi'jfMrwa valuable and wholesome family filaxaiute the wcll-kifovn .Syrup of I fp and Llixir of Senna. To get it leneficial effccU always buy the genuine, manu factum! by the California Fig Syrup Co only, and for aale by alllcaajng druggists, Koseburg Commercial Club, addres- Bed the council iu regard to a pelt- uou to uie posunasier general, aign- uj uuuuivub ui nuai-uui6 viutouo, systematically numbered. The Corn- mercial Club, Mr. Zurcher Btated, had tllned different Bystems for huuue numbering that merited the consider- lion o( the council. Upon motion. Mayor Hoover appointed a commit tee, consisting of Josephson, Long d Ityun, to confer ou tills matter Ull a committee of the Commercial ub. Muyor IVrltles a Question. On beliulf of a number of his wnrd contltuency. Councilman Kisher ask- for the privilege of constructing a sewer from the Intersection of Kow- ler and Court streets, thence across Pltzer street to Ella street and thence Douglas street. Mr. KlBher ex- ulned thut such a sewer would be laid without one cent of expense to the city.- Councilman Josephson rais ed a question as to whether the par ies wishing to lay the sewer could prevent anyone else from connecting ith It should they desire to do so. He made n motion to refer the mnttor to the judiciary committee, and the vo'te stood 5 to G. This mt the ques tion up to the mayor for the docki ng vote, ftsner maae a strong Br- ument for his cause, and Mlcelll lacked htm up with the statement hat property owners should be en- ournged to build sewers rather thnii llscouraged. TIioro pleas won for he cause, Mayor Hoover casting his vote against the motion. A motion o grant the privilege of laying the lower was then put to a vote and It arried unanimously. To Itcliulld S'wer. Councilman Josephson brought up that mooted question of the disposl- on of the Mill nnd Pine street sew- which has been troubling the oinicil, likewise several property iwnrs, for the past three years. Thlp tewer was laid In such a manner that ve of the abutting property owners ould not make connections, and nnt- rally they refused to pay assess ments. Those delinquents, together itli property owners who really hnd joen benefitted by the sewer, sued o enjoin the city from collecting the issessmonts, but they lost, although n purely technical grounds. Judge iamilton, before whom the case was rled. held In effect Hint If those who ere not ' benefitted by the sewer iliottld sue tho city separately they ould not be made to pay. Those vho had been benefitted, however. vere liable to the payment of the mounts nssessed against them. In irder to hold these latter properly iwners to payment It was necessary to decide the suit in favor of the Ity, notwithstanding they were Jiiln d in litigation with those who wore not benefitted. After discussing tho matter for :everal minutes, tho council decided hat the best way out of the difficulty A-as to re-lay the sewer. A commit- ee consisting of Worthlngton, Hat- Ick and Kotilliagen was named to iscertaln the probable cost of the ndertnklng. While the contractors vho laid the sewer did a botch job hey can hardly be held liable be- ause a committee of the .council at hat time "inspected" the work and renounced it O. K-, whereupon It vos formnlly occepted- by tho conn II. Miscellaneous I. J. Hobinett was awarded'a con riii-t for the grading and gravelling f West First street and First Avenue s'orth, In Kinney's addition. Mr. tobinett submitted the only bid for ho work, it was $4fiG, or only $fl ibove the city engineer's estlniate. Chairman Wright, of the light ommlttee, recommended the Instal ntlon of a 32-candle power imnn lescent light on upper Douglas treet, between the arc light and nn ncandescent light at the summit of he hill. Accepted A resolution providing for a sewer in Douglas street, from Hit Claire street, was adopted. (Itv Treasurer reported fl.32ri.40 on hand at the end of the quarter June 30. Doctors Could Not Help Her. 'I had kidney trouble for yenrs," writes Mrs. Raymond Conner, of Shelton, Wash., "and tho doctorf could not help me. I tried Holey s Kidney Cure, and tne very first dose ave me relief and I air now cured. I cannot soy to much for roleys Kidney Cr." It nakM to dls med kWays imi m they will .llniufltt tit yoisnw froet tiie Muu4. 1:iIhs tkay o tkkt, I hriltli W InpwIkM. tM (.!( TEA Ynu can have it good tf you uant ta Or ba.i if you dyu'l tafce care. Yr ffoi.r return, rflur rr(WrT " ro. 4om'l Uk. Siblliinf I brtl. Mr 11 !puiiriLw?unDTi UH1U VLUUlYOtlVlU! iTncnft T ii,.i,l"on of ieinmiy in tne nootn con- JZ500 MlSSlDg TOO MUCD "Piracy tri.,1 bown In theUniloU Poker causes Downiall TABRIZ RUNS RED AGAIN Shepbard, New York Sprinter, Breaks Record (or 800 Meters Skip Pounds to Pieces Special to the Evening Review. SliATTLK, Wash., July "21. Poker caused tho downfall of Wil liam C. Pruin, a Cornell graduate, and bookkeeper of tho Dexter-Horton bank, who was arrested today on the charge of embezzlement of 2500 of the bank's funds. Pruin has con fessed to stealing i:t00. Ills father is -tho cashier in a bank at Glenn Kalis. N. Y. mood still riows. ST. PtiTEKSHURU. July 21. M. Pohitiuoff, the Russian consul at Tabriz. Persia, has wired that women nnd children are appealing to him for protection from the Shah's troops who are resuming tho horrible mas sacre of last week. Sbepnrd Itreaks Itecoiil. LONDON, July 21. At the Olym pic games today, Melvin W. Shepard f New York, won the final heat in he 800-metre footrace In the time of 1 minute and 54 4-5 seconds, beat- rig the time mndo by Pilgrim, of the American team, at Athens, iu 190G !y 6 nnd 2-5 seconds. To Pardon Ituwuldo. SAN FRANCISCO. July 21. (Jen- em! Funston stated today that Win 'luwaldo, the soldier, who was sen ' enced t o fl v yea rs for shak I iir 'innds with Rmmn Goldman, the an- irchlat, will noon be released. Kuns- on has recommended a full pnrdon or Muwnldo and he has been uunhl Inlly assured that It will bo granted. Tin wnldo's sentence wns recently re duced to three yenrs. Steamer Hits Reef. SANTA n-ARMARA. July 21. The t en mur Anuhla, from San Francisco. Is pounding to pieces on a submerged reef between San Miguel nnd Santa Kosn Islands. Prompt assistance prevented nny Urns of life among the 75 person aboard the vessel. FIRST CLASS PHOTOGRAPHY. I' wis' Successor Now In Full Charge of landing Studio. C. F. Prosch, who lately bought bought the photograph -studio con ducted by 11. O. Lewis In tho Kose hurg National bank building. Is now in full charge. Mr. Prosch is a man if much experience In his line, hav ing spent many years lu the busi ness. He learned his trade in Min neapolis, and learned It thoroughly. He was proprietor of a studio for (our years lu Lucerne nnd Spring field, Minnesota. Mr. Prosch Is prepnred to do nil klnda of photography, and enlarges photos to any size full life size, if desired. Also makes postal cards if the principal streets and scenes In ind around Kowhurg. He makes a -mcclally of landt-cape and pastorlnl :enes nnd will rnnke special trips for hose dfalrinf? such service. Mr. Prosch snvs hia gallery will be the most up-to-da'e one between Port land and Han Francisco, nnd all his work will be fullv giinrnntepd. OFFICERS. J. W. Hamilton, President. A. C. Marstera, Cashier. J. F. Barker, Vice President, W. T. Wright, Asst. Cashier IfIKKCTORS. J. W. Hamilton. Ilobt. Unbwlson. N. Rice, J. O, Newland, J. F. Barker, I. Abraham, 8. C. Dartrum, Chaa. W. Parka, A. C. Marlters. THL2 ROSEBURG NATIONAL BANK EnUbllihed 1908. CAPITAL, Safety DcjHxdt boxes for rent by the month. Our conservative management offera substantial advan tages to present tnd propertlve patrona. We are prepared to handle all buslneas entrusted to us accurately and eipedl-tlously. CHAIU.RS AXI DKFKXSK. Outline of Booth-Singleton Case (Jiven by Attorneys. Portland Oregoninn: lntrodue- noon. The first witness called by the prosecution waa ThomaB B. Nu hausen, special agent and attorney of the general laud office, who identi fied all of the official papers connect ed with the exchango by I. Thomas A gee of his homestead for ItiO acres of lieu land In Lane county. It was this land the defendnhts are alleged unlawfully to have acquired through conspiracy. The examination of wit nesses for the prosecution ia bulng conducted by United Statea Attorney McCourt. The greater part of yesterday was occupied by opposing counsel in pre senting the opening addresses to the Jury. Tracy C. liecker, special as sistant t the United States attorney general, outlined the cate for the government, while Han J. Malurkey presented the facts on which the de fense will rely to disprove the allega tions presented in the Indictment. Rocker Kxplains lnv. Mr. Becker prefaced hla opening statement with an explanation of the homestead law, which wns en acted In 1802 nnd amended In 18PI He said the government would show that In 1S92 "Wild Bill" Bradley, who lived lu the Cascade mountains about 00 miles from Koseburg, nd vised a mnn named Stearns and 1 Thomas Agee, of a desirable tract of grazing land in the mountains near Ills home and which waa Ideal for Htock raising. Lato In the year 18911 Stearns and Agee visited the laud and the lalhtr decided (o settle on (he tract and acquire it under the homestead law. Mr. Becker assert ed the government would Bhow fur ther that Ageo did not comply with the provirilous of the homestead law since he did not actually reside on tho land for more than three or four times between IS',12 and 1807. In the tatter year Ageo married and abandoned the claim, aftur the cabin he had creeled had been burned and his cattle killed during his protractud iilmence from the properly. During I hose five years It la contended by the prosecution that Agee, while he made some Improvements on the Intnl. never established a legal res) deuce thero but continued to vote and exercise the right of eHizensliii t Oak Creek, Douglas county, when he lived nnd cultivated hia brother farm. The prosecution will nlso under take to show that subsequent to 1807 when the 100 acres Agee had been seeking to acquire under the home stead law. together with other land was added to tho forest reserve by proclamation of the president. T. 15 Singleton, brother-in-law of th Booths, suggested to Agee that, h make application for 100 acres of lieu land iu exchange for his home Htead. Singleton Is said to have In formed Agee that the Booth-Kelly Lumber Company would provld Ttilsers to select and locate for him a desirable tract of 160 aerea of good limber land In Lane county and at the same time naree to take the Ian off hla hands after lie had completed final proof and received his patent The government also expects t connect Jamen Henry Booth with th alleged conspiracy by proving that while receiver of the Koseburg Inn ofllce, ho prepared for Agee the ap plication fur the lieu land and nt th time paid Agee a deposit of $00 on an agreed consideration of 'M)it Agee was to receive from the Booth Kelly people, when he deedel th property to that corporal Ion. M Becker said it would be shown tha when Agee received his patent t the land he went to n lawyer, J. II Shupe, now deceased, at Koseburg. who prepared the deed transferrin the laud to the Booth-Kelly Lumber Company. While the conslderatlo named In the deed was only $10, h said It would fit'iher be proved tha $50,000.00 rent. Ity the year $5,110, or will r KOSI'.IU ltJ IN 2ND IMiAC'ti ' 4 Special to Evening Review, 4 SALEM, Or., July 21. On i- the (100-yard range today, fin- 4 Ishtng the company team shoot 4 of the Oregon National Guard, 4- 4- Company M-, of Salem, scored 4 153 points, winning the trophy 4 4- cup for the socond tlino. Com- 4. f. pauy I)., of Roseburg, made 4. 151 points. Jumping from 4. 4 fourth to second place, dlsplac- 4 ing Company E., of Cottage 4. Grovel which ' made 145,4. 4 crowding Company K., of Port- 4 4 land, out of third place. 4., J. Company K' score was. 121, ' 4. , 4. 4.44.4. 4. 4.4.4.4.4.4.4.4. he remaining $2(i0 was advanced oy Janus Henry Booth to Ay ee, when be deed was delivered, and lhat itooth sub3uucnUy recovered the nt iro $300 by drawing on the com pany for. 1 l.ii l amount. Tho third defendant, Robert A. Bout!, declared Mr. Beiker, would oe associated with the conspiracy by - estimuny which would show that he it all times had a knowledge of the rnnsnctiou and at tho request - of Ague personally advanced the neces sary fees, amounting to about $12, which wore required to complete the lieu land application. The Interest jf this defendant, concluded tho gov rnment prosecutor, in the agree ment with Agee would be established oy proof that Agee deeded the ItiO teres to the Booth-Kelly Lumber Jompany, of which K. A. Dooth was president and manager. Mnlarkoy Cluiiim tmioceiico. Mr. Malarkey also devoted consid erable time to a discussion of the homestead laws and provisions and declared that the defendants were lot guilty of the offense charged, ' having not violated the statute In any sense criminally. He maintained that under the luw a continuous cstdunce wns not required on ft homestead, and that intent, rather ban an established residence, waa he true import of the statute. Ho lenled (but there wan any provision lu tho law which prevented a man loin contracting 10 Ben or ouierwise llBposo of lieu land, acquired in ex- hauge for a homestead that had been earned lawfully, even If such an igreemont Bhould be made before the 'xchange In land had been made. Counsel for the defense comment-? d oil the fnct that tho Indictment vas returned over threo yearB ago md Involved transactions that took lace 17. years ago. This had placed ; he defense at a Borloua disadvantage inco at least two men. Important as ... A'itnesHea for the defendants, were ;iow dead, and several others had left he country and could not be, located. Mr. Malarkey Insisted that Agee had complied with every condition if the homestend law and had estab lished an undisputed claim to the 'and before the lieu land Inw of 1897 ' vaH enacted.- He said that Agee had teen unable to get bin homestead mrveyed, and for that reason could int secure a patent from the g.iv- . rnment, and, therefore, was fully ntltled to all advantages offered un- lor tho terms of tho lieu laud act. lie defense, he aald, would prove hat because of the intimidation of Vgee by Bill Bradley, who was vir tually an outlaw. Agee concluded, that ho did not deslro longer to live'' n such a community and began ne gotiations looking to the acquisition of lieu land, having heard of the provisions of that act. Itinger Hermann Involved. Witnesses would be produced, de dared Mr. Malarkey. who would tes tify that Agee, having reached this tonclusloti, t-onsulted wfih his neph ew, Koland Agee, who wan then dep, ity cheiirf of Dounla county. He ben took the matter no with Blnger . Hermann, commissioner nf the gn nil land othce. who agreed to lend i is services tow;.rd securing for ge lieu Innd. Later 'Imo nogotia-, tlona were prosecuted 'urther by A. M. Crawford, the pretont state at-orney-genernl, correspondence on the subject passing between Agee ind his attorney with the general, land office, hater Agee went to the 'and ofllce nt Koseburg and applied .personally for tho exchange of land, I. H. Booth, who was nt that time eenlver of the Koseburg land office, insisting htm to prepare the neces- ary papers. Mr. Malarkey repeated ly asserted that all these details were conducted prior to the tlirte the lefendnnts on trial were alleged to nnd that Agee subsequently had the MrM. to dispose of the lieu land to Hie Booth-Kolly Lumber Company or to nny other person or corporation at his pleasure. . In conclusion, Mr. Mnlarkey re lented the methods that had been 'mploved by the prnsemtlnn, which, he charged, had kept Its principal vttness. Agee. under the peraonnl hnree of n Hepntv Cnlted States Marshal ever alnce the witness had reached the city. REAI KSTATK THAVSFKRS. .?. C. Mulvev to W. R. CHneenpeel, $7r,; lot 4. block G9. Kinney's addi tion to Koseburg.