The Oregon mist., July 16, 1909, Image 2

The Oresron Mist
. . -.
Entered at the Postorfiee at St. Helen,
Oregon, aa second-class mail matter.
Subscription Rates
One year - l.W
Six monthi .fiO
Advertising rates made known on applt
ation. Legal notices 35 cent per line,
Issued Evkrv Friday Bv
E. H. FLAGG.
Editor and Proprietor.
County Official
Paper
ClRCt ir Coirt OFFICERS:
J. U. Campbell District Judge
E. B. Tongue District Attomee
OorsTv Officirs
Jamca Dart, Judge St. Helens
W. A. Harris, Clerk M. Helens
Martin White, Sheriff St. Helens
W. K. Tichenor, Comm'r ClaUkanie
H. West, Con'missioner Scappoose
E. K. iiuk-k, Treasurer St. Helens
V. V. Clark, Assessor St. Helens
J. H. Collins, School Supt CUUkanie
C. T. Prescott, Surveyor -St. Helens
Frank Sherwood. Coronar.. ...... Rainier
THE XIKUER TRIAL
la worthy a special mention. Mr, I. bell,
In his preliminary statement, declared
the defense; wo'ihl prove Roy Malono'i
pipe waa found In the cabin the day the
body was discovered, and on cross t
amination 11. M. Fowler testified to
finding two pines one a briar, which
be testified belonged to the dead man
and the other the clay which the de
fense claims belongs to Malone. Mr.
Abell relocated the sheriff to produce
both pipes and was informed that one
of them waa lost. He eeems to be pro
ceeding on the -theory that there is a
conspiracy to railroad his client to the
scaffold and evidently thought the
sheriff bad purposely "lust" the pipe
claimed to belong to Malone, and was
evidently surprised when Mr. White
brought the clay pipe Into court, thus
spoiling what would hare been a very
effective play to the i ury .
THURSDAY
Assistant Superintendent Overbaugh,
of the 0. R. A N., testified as lo tbe
hours of arrival and departure of boats.
James Kelly testified that lie knows
Murgatroyd. Worked with him at
Junction City Hotel several days, was
there when Murgatioyd came. Had a
man with him whom declaimed was bis
brother. IVfendant dressed in light
shirt, corduroy trousers and patent
leather shoes. The man with him wore
heart overalls. Was pre -en t when Mur
gatroyd had a row with the hotel man
ager. Murgatroyd had a cleaver and
the hotel man had a knife. Was pre,
eut at a row between Murgatroyd and a
cook. George knocked the man down
and said: "I killed one man at Goble
and won Id just as soon take a cleaver
and cut you to piece." He said he
The trial of George Murgatroyd for
the murder of Robert Livingstone at
Goble iu December last began iu the
circuit court room in this city on Mon
day last, with Mr. Abel, a uoted crimi
nal lawyer of Montesano, Washington,
appearing for the defense, and prosecut
ing attorney Tongue and deputy. M. E. ; the room were Mrs. Uichmoud and her
Miller, for tbe State. Mr. J, W. Day. of j daughter and Mr. Thorn,
this city, assisted tbe defense in the On cross examination Kelly stated
drawing of the jury. It took two davs i that he is a quirter blood Cherokee and
to fill the jury box and exhausted special j waa convicted a few months since of
venires o' nearly 6 fty jurors. This c-j breaking into a house at Eugene. Did
counts fot the fact, unfavorably com- j not tell Leisure (a local shingler) that
tuented upon by tbe Oreginian. that MurtMtrovd bad done him a bad turn ,-.ii. i n.-t. .,..( ..- i- 'ft"u-
I. ..II :i L : . . . . . . I
doors. Witness told him that he ought lo
b ashamed, and he said, "I don't cure.
I killed a mau before coming here ami
would just aa soon kill him." Heard
Murgatroyd say that he could not sleep
on account of his troubles and headache
Gave witness the address of a hotel mau
in Kalama where site could get work.
Said he could not return on account of
trouble be had at Coble and Katauia.
On cross examination said that her
sisters husband with whom she stopped at
Kalania was a brother of Harvey Fowler.
Here the State rested with the Inten
tion of producing witnesses In rebuttal
of tbe attempt of the defense to prove
an alibi. Attorney for the dofeuse
made a formal tuotiou that the jury be
instructed to return a verdict of acquit
tal, upon th. ground that the State had
failed to establish any probable case.
The motion waa overruled without
argument.
RENEWING THE RATTLE
The Oregon'ari and other papers of
the State, under its leadership, are re
newing the fight against the direct pri
mary law, and especially against that
feature of the law known as Statement
No. 1. It seems tu'them wrong (or a
legislative candidate to pledge himself
openly to the people instead of adhering
to the good old plan of private pledges
to individuals. A man should be In
dependent, dont you know, aud be lit a
position to ten the fool voters to go;
plumb to Anions if they dont agree
with him after he is i lifted. Of course,
during the campaigli he can give them
any old story, so long as the boss knows
that alien the time comes he will vote
Hi-cording to his secret pledge. This
waa the old rule and the Oregouiau
knows that no legislature was elected
without a gieat number of its members
having given p e-eleution pledges to
vote for a certain cindidate for United
States Senator. Sometimes they pledged
to more than oue candidate an 1 when
the legfel.lure met they became "Inde-
tnate discord In the Republican party
aud give opportunity for IH'iuoeratlc
snccortncxtyo.il This l a good tluis
for the light, bee mse, as the Oirgtuuan
has repeatedly p luted nm, the dividing
line between iHitiuxTimy aud Republi
canism in the Unite I Stnta Senate has
become so dim a' lo l almost indieccrn
ible. No candidate is compelled lo take
Statement No. 1, but we predict that
thtf one who fails to do so. i obpuecd by
a Statement candidate in this county,
will be permitted to stay at home, and
Tiik Mist will do Its Inst to bring about
that tesult
DIRTY JOURNALISM.
The article In Monday's Portland Tele
gram, purporting to be a special dis
patch from this city, dated aa it it wvre
sent fiom the telegraph or telephone of
fice here, was a fake, a lie, nnd a dirty
libel upon the administration of justice
in this county, Murgittroyd'a prelimi
nary examination was more than fair.
His father was present and they were
asked if the young man did not desire
counsel and stated that he did not, that
hia father would represent him. Mur
gatroyd', Sr., questioned the witnesses,
and every courtesy wai extended him.
To misrepresent county officials and
accuse them of using unfair methods to
railroad a man to the scaffold seems to
us to be a serious matter, anj to put
such a charge aa a special dispatch iu a
reputable paper is s moral if not a legal
crime. We can hardly conceive of a
wore offeiife against public moral. Tli
yellowest kind of Yellow journalism could
hardly do woise.
.SsVafealU
St. Helens Transfer
Company
Llnd Turner, Props.
CONDUCT A GENERAL
LIVERY AND FEED BUSINESS
MEET ALL TRAINS
Phonk Whkn Yor Want Us, Kitiikr
Rigs or Transfer Hcsinkss
I'OR
1
Rates Always Reasonable
Secetary Wilson believes that tbe
high price of foodstuff, is largely due to
tllM a.-imitv tf irtn Itaiwi If tlii Iw '
the correct explanation
talu that pi ices will
because the yeomaui
coming less inclined to wor
ffi is largely due to !
hands. If this be II T i
on It is I moat ccr- 1 1 ,. ,A. . . .
keop ou soaring, ' II svlil I
y are each year l- II I I (j I I
1 to work on the ' VMlvI I
WOOD
75CTS
PEE
LOAD
mIoit
three members of the city council and
the city recorder were summoned. They
anl he would send him to bell it he
could. Told on of the Lorane girls she
were not on the first special venire of j was foolish if she sent for her sister out
twenty, from which it was reasonable to of her own pocket .
expect the jury would be completed, and! Richard Thorn testified that he knew
were carefully selected from the northern : Murgatroyd at Junction Citv by the
part of the county, apparently with the ; name of George McArthnr. Heard
intention of selecting men who were not j George and the hotel man talking
familiar with the case nor intimate with ! and George (aid he would kill him if he
the prosecuting officers. I pon being or- did not clear out. That he had killed
dered to draw the last special venire of j Utter men than bim. Heard Murgatroyd
six Sheriff White told the court he had , make substantially the same statement
secured every man be could hud in the , at another time. Has talked to Murga-
city and would have to go into the troyd. Sr., since being in town,
country for material. On re direct Thorns testified that be
It may be stated, as a complete refutal was present at the preliminary and
of the Oregonian s slander, that two of ! testified then that Murgatroyd made tbe
the members of the council drawu were ! statement in regard to killing a man.
peremptorily challenged by the State. Martin White identified a photo of
j Geo. McArthur as being one be bad
i shown Malone prior to the arrest of
McArthur (Murgatroyd), and Maloue
That the timber recourceS of the Pacillc lE F. H. Green
; Northwest are by no mesus limited to
The jury trying the case consists of
P. J. Popbam, Clatskanie.
F. E. Malmberg, Mist.
Wni. Barr, Jr.. Clatskanie.
Andrew Erickson, Clatskanie .
E. c Corlson, Clatskanie.
Peter Lund, Warren.
Peter Fel'.on, St. Helens.
J. C. Johnson, Scappoose.
Andrew King, St. Helens.
Chris. Johnson, Clatskanie.
John Lafferty, St. Helens.
J. A. Beeler, Warren.
It is a fair and incorruptible jury an I
may be dependtd upon for a just verdict
Deputy District Attorney Miller out
lined the case for the State and was fol
lowed by Mr. Abel, who claimed the de
fense would prove the defendant was in
Astoria at the time the murder is al-
identitied it as that of Bert Toler. Was
preeeut when Malone met Murgatroyd
in jail here and Murgatroyd recognized
Malone by winking at him. Malone
had not lieen told who Murgatroyd was.
Found the ring of a watch in Living
stone's cabin .
On re-direct examination Sheritf
White testified that be had interested
himself greatly In the prosecution of the
cafe and had conferred frequently with
the prosecuting attorney, believing it
bis duty to do so. Mr. Whits was siked:
''Did you think it was in the interest of
justice for you to entertain one of the
jurors after this case bad begun?" ' He
answered that be certainly did not think
highest bidder. It wis a great system
and such men as Depew, Aldrich, rifttt,
KlkiiiH, el nl, heartily indorsed it and
are now advocating its reinstatement,
while men of the stamp of Hughes and
Lafollette still defend and favor the
direct primary. that locality is now iaite generally
It won't dito tell the people that the known, but 2,0OO,OW limber deals as
direct primary law is solely responsible far iniand as the Coeur d'Alenes are
for the election of a Democratic flitted ' exceptionally interesting. A aiuale tran
slates Senator, even if it bs admitted taction iu which 3t),tJ0 seres of timber
that large numbers of Democrats . voted J was sold lor i,i)0.tX)0 was reported on
as Republicans for the nomination of j the St. Marie and St. Joseph Rivers.
Mr. Cake, believing hint to be a weaker i in Northern Idaho, this wwk l'racli-
candidate than Mr. Fultull. The rct-pon- colly all of the manufactured product
slbi'.ity for Mr. Chamberlaiu's election I from that tregjuit will fin I a uuvket in
rests ii on Mr. Fulton's friends, who, ! the Kas', but a considerable portion of
in sutllcieiit numbers, deserted their I the money that it sells for will be spent
party and voted to give Mr. Chamber- in this city or in tne territory for which
lain a plurality in the general election, this city is the trade headipiartrrs
hoping that by method in which they .' Oregoni'in.
are adepts they could induce their re-1 .. . - - -
. . i: . .i ii i home of the cities that cannot have a
presentatives to repudiate their pledges . ,
and vU for Fulton tor United States I ""'7 m'm.
Souator " annual tano urawmg. ftpokano
tticussmt visitors at
HOULTON, OREGON
It was through tbe prestige given by
the wonderful timber along the Coast
Mt?lt,n thifcl ll,a !....;.- V,.pl.-l Am, I
became famou, .s . timber wtr,. ("niiniwTinmtnmimimTnimmin
A. N. Davis
Arc You I
nniMn Tr rs... J
" w
?
Investigate the
CONCRETE
BUILDING
BLOCKS.
The i Bert, Met Artistic
hi i- ti """"inuiiiis.
Blocki, II
Foundations
Fencing, Ktc
otiscs. Chi:
Ornamsm'i
Tlioiw at out eshsass .
furnish Mlluiatrs.
SANDEL, & FULLER
MANUFACTL'KlVl
Ka,mer Ortp,
"OR fORTLAND OaILt
STEAMER
leged to have been committed. He in- j justice was injured thereby. Mr. Carl-
ti mated that Roy Malone, who has j son, the juror in question, was unable
turnea Mate's evidence, is the guilty
man, and that bis pipe was found on tbe
to obtain a room last Monday night, and
Mr. White asked him up to his house).
floor in the cabin where Livingstone was j Obtained a statement from Roy Malone
murdered, and that he (Malone) was the j as t j the case. Mr. Abell then asked,
last man seen with Livingstone prior to
his death.
Several
.... - i
Tlvf.lo,l .....1 il,.v.ill f.it i ,r ""
any altnupt they may make to induce !
the people to abandon the direct pri-! m,h"' Kinmng next Thursday,
mary law or Statement No. 1. Haviugj Fifty-live million bushels of wheat
spcureJ this means of electing fuited j from the Pacific Northwest in one yenr
States senators of their own choice the is worth nliilc, whea it will bring II
people will ini abandon if, and furlh -r j ' bualiel, or therealonts. Ixxik out fur
agitation of the subject will only trpe-''!v,:ly ,hc ''r;'"0 Vorh"rt
' ' ' ' the rest 'jf the year, and longer.
witnesses were put on the
"When Old l-mi oat flip atulamunt1'
This was indeed an improper question
on cross examination and the attorney
stand by the State Wednesday to prove ,' was told he could make Mr. White his
the death of Livingstone, and the at-j witness. Abell responded that he did
tendant circumstances, and then Roy ' lot w'sh to become responsible for
Malone, upon the corroboration of White's credibility, and Mr. Wbite
whose testimony the State's case depends,
was called to the stand.
Malone, though under twenty years,
is evidently a hardened criminal. He is
now under arrest for burglary and is
undoubtedly testifying against Murga
troyd in the hope of securing immunity
or at least leniency for liimaell. Taken
by itself, without corroboiation, bis tes
timony would receive no consideration
promptly came back with "you appear
to have as poor an opinion of me as I
have of you." On re-direct examina
tion Mr. White stated that he asked
Carlson to lodge with bim Monday
night, before he was accepted as a juror.
Roy Malone was again called to the
stand for the defense and testified that
be had no conversation with Murgatroyd i
I on Dec. 10th, when he saw him only I
He testified that he knew MurL'alroyd ; about two minutes, but talked that day ;
as irt roler, and that his brother '! Murgatroyd's brother and Phillip
crank Toler, was with him when he met kee regarding the killing. Malone here
them at Deer Island and went with them ; explained that he did not mean "killing"
to Goble. He parted with them and j but "robbing." Did not remember
went to Mrs. Zigler's lodging houee in j testifying at the preliminary examination
me evening, leaving them at the hoboltbatbe talked with Murgatroyd about
camp. He said Mrs. Zigler told him
Livingstone had over a thousand dol'ars
in his cabin, that he was an old man and
did not need the money, and asked him
to rob Livingstone. She then asked
him to go to the camp aud get some one
who would do the job, and he got Jiert
and Frank Toler (whom be cluiuis .ere
the Murgatroyd) and they went with
bim to Mrs. Zigler. Unclaimed to hnvf
seen the defendant at Goble the night
before and the morning after the murder,
and that in the moininif the def...,ri.mt
' killing" Livingstone. Did not testify
at the preliminary that Murgatroyd told
him he was going to kill Livingstone,
and afterwards told him lie had killed
Livingstone.
Bessie Richmond testified that she
knew George Murgatroyd, having met
him at Junction City, but was in Goble
when Murgatroyd went to work at the
hotel, r-hesawthe fijrht between him
and the cook, and heard Murgatroyd
say he had killed a man nt Goble. Raid ,
he kilh;d hnn with an nx or hntchet.
THE GCGT
PLACE TO M AKE
YOUR NEW HOME
Is at ST. HELENS, the live city
of Columbia County, and the
best residence section of St.
Helens is
Columbia Park
Lots are selling rapidly but we have not
raised the price. $100, on easy terms,
will buy a lot in a city with a payroll of
$25,000 per month, it is better to own
your home than to pay rent, aud in the
main the purchasers intend to build,
though some are buying because they
believe lots in Columbia Park are a good
investment. For particulars apply to
Columbia County
St. Helens, Oregon
Bank
THE VERMONT HOTEL 1
GREEN & DAVI8, PROPS.
Tirst Class rooms for the traveling
public. Hoard and Room by the
day or v.cek.
S First Class Br
S in Connection HOULTON, OR.
WAAAAMAIAA t HAS. AJU JUA11 AAA Hi fJUUAAl JJM MIX O
s ... . &
contracts taken. Job Work Done.
E.A.CROUSE
CONTRACTORS BUILDER
ESTIMATES FURNISHED
lnll lltns e SO . .-
ArlvrsatriUnd ojo 1 !'
Mvm IVrtlarwJ at 1 4
Arrttt M. lUlrasal sjo f j'
ADII AlNTKATOK'H sotui
Nllc Is Ivstrnty irlteo last I kw
bwrt ppolnU.t by tU OaiBtsCasrT
tar l ii ttlaU of hamuel Mass.
eoatml, and all tvrmo 1i
s4lit the said nutit twreW
qtllrvd to rwiit th Mm hi sj, m
.rljr wnne.1, at u. rsdar seat (sv
baak. lolurobia t oumr, Ortfosai
my allotnejr, Howard it. Itruvstis
hi uitic Iu tb Conn IUxms) u
t'Uu (Vunir, Ori-iriii), wiikVS
uioollia (mm th dat. ul ih'm wim
Ihilr.1 M. Heltins.tlrvcMi, Urn MUM
wil.'t HU'LlUa
Aorninitmtnr or III r,lt M
Jidinsm, itvmunl.
ASJOt MKMEJfT
lUeins; fwrcbaard he ittlmniai bss
t)rt. s Isut A Matklc. c sua to
nuoncsi tomw frsrckls and (hiimhOs
lbs Unsocial ill br roatiaissd avrfnti
of Jt Muckl. & Son. WsssaS
tb pttrofMir ol ths imbhr. mm
tlwrn ol emirleofi trvsitmcnt u4 hnsl
pK-r. UMSIitT cnwsiilrml. Ksnrtfc9,
lla( M IU. K.1
V .ft. tii I
NOflCf Of AOMIMIITIAIOI't Vil
Or IIAI MOffllT.
Nollra l kMil., II.. a Ik.! u, HnHM 4
ti Mil ..! a. ct.l nl immt m
S'rt af ! Hlvm la In Ik. mi,lMn WW
i.i. , if iinm k.f o,k,n iMtn.as
K.tal ( Mxiuh I. taU a.
q(Mt Ik. M t Jul, l H
(tr.mVlt i at nl, ik. nmmalia
l.l..U.f h.i r.fcjn k.M an ! ' Ik. fc
lus.fanrrital HiMitt WlowtM Ik
r . uU mtu it, Vl.mr.ri I mu. 4nMl S
T j IImo nl krr d..lh UK. II aa U la SMt
Z 4 la lb H.M U111..1. in ii,. um ol nttm.
T j u .uiT.tnl and ulMtel mwMS.
m. m ihi 1 unulf 1 i.k .1 KiIikIim
l ii... ..., iiinsmW
nr banU Ikla Ilk iU )tul lam 1
1 M. sausx.
S.tuilli.litatt4 ol MaritHt I md
lrrpMr4.
i
Leave orders at residence on Houlton road, St Helens
or by mail. " '
i
30 SaE FREE
DR. R. L. Jki fcott
DKNTIST
OBic with tr. Cliff.
PT. IIFIKJ
showed him a parse nnii tAd him he had Mrs. Kichmoiiil sod others were present,
made s haul. The witness also saw the row between
v,t, examination by Mr. Abel, Murgatroyd sua the proprietor of the i
iuaione admitted that he wa. convicted ; hotel. On cross examination she said
u muraerintf a liiklshipman in the:
united states Navy iu December, 1007,
and that he was sumuiarily discharged
iucii auer a trial by court martial
'11 uf . ... "
iiie meet ol lias disclosure on the minds
of (he jury was done awav with when
Mr. Tongue elicited the information
that another person had coufesned the
crime of murder and Malone had been
cleared and the verdict set aside. For
several boors Malone stood the lire r,f
scorching cross examination, answering!
m biow mm careiul manner the search
big questions of the attorney for the de
fense, nod contradicting himself us
little as anyone could Lave considering
the scope that was covered. .
One incident of tli trial Wednesday i
she was related to one of tbe I'owler!
family at Goble. Kbo also stated that
Mr. Abell tried t j "pump" her on the
train coming here, and told her that she
and her mother were tbe only ones!
against Murgatroyd aud that if they tes
tified against liitu they would land in
the penitentiary.
Mrs. Fanny Richmond next testified.
She became acquainted with defend
ant last January. when th
were both cuoking iu a hotel at function
City. Was present nt the row between
diifc-ndaut and the hotel proprietor,
when Murgatroyd told bitu that be bad
killed better men than he. Saw the row
between Murgatroyd and tbe old cook,
whom he knocked icfwn snd draggsd out i
I. Q. Wikstrom & Sons
Manufacturers of and Dealers in
ROUGH
DRESSED
AND
LUMBER
CEDAR POSTS AND POLES
Dry Klin and Planing Mill In
Scappoose
Oregon
l Ihrnr.l ,i ki , wdliiake'
pn-.ent t the cu,to,er of one
Aretino
Talking
Machine
Steamer Iralda
C. . H$ghHrl.
Remember the Alluo ,n1 r... .
kimuofibsoi;;;"
CHICAGO STORE, HOULTON
ASEEL, Proprietor
L
St, Helens Steam l nlln
Good Work Prompt Service Rea.o4bIe Rate.
Cleaning and Prcs'sinp
AH Work Dciivcrc
mwm HOME INDUSTRY
ST. HELENS, .
UAIMtOAD TIMK.
I.m Halnlcf .Ullr ttl Sulf "'
l.n.1, s A. M.. itfiMrtina I""" HfM",,
n clor. MclumliK, Intx fortUmA si I '
M arrlin( ai, lloWn. si I iV
Passengers and Fait Will
m POITUNO DAILY
WJKTUSn LANDING. TAYtORI"
EIKCTIOJI 2I0TKB.
Notice Is hereby given that Umn"1
I a sixi'lnl election held In III I""
riK.lil i.f II. l...,nU I, all till III nf, is
the City tif 81. IfeUn, on MimW'
August 2nd., for the purpose ol
ujKJtt tbe adoption of an sroendiDtfl
Hie City Clmrter. I'olli will bt op
at 2 o'clock p. m, and will ht co&
N o'clock p. in.
II y order of tbe City Con "Oil.
JOHN Q. OAOK,
Record".
BIOS WANTED.
Nolle- 1,
w rwelvifti ,y
llirtnii, nit In R
..... .ill
hi.h glu-n lhat Jr"Ii iL
Ilia Miirontpr nl i"
d. in.. Ju r lit ii i'"-..-: nu
r..i,.irin ilmi nl an llil Hi' T,T'.7J (,-
mwr n CiliiinM .trwl, from sHJr,'
mmh nl lhulh HnriilMI. Ilvle-m sin
l-.lm M (( Miiih nl Id- oiilh ! "j!"
Holm mi Ilia '"fti
Mnwt In Hi oUf ' H'l'iM
Wltll IIISIII Klltl lIH'ini'llll
nfw nr tii i:,,iiiitii,ia iinuniv Ai'iirpt1 ...
I "iniii. ..,(1 iha uitlcs ol f. T. I'rti. "
"?hSrVlKrft to re)ol sujr and "
"veil. .. .. luM.
( Inlnnsn nf tnnniilll.s on imt. slttiwlB
siwl Mivvn. -
At a rUmum-Two lots In t
Side addition to Scappoose. LoU w
100c.t each. About three MocM ir-
postofflce. Inquire of J.
Warren, Oregon.
Peelt'i
ORE. '
A blu business In Mints, "'
binges, shlaglss, Is dona at Orj
7"