La Grande evening observer. (La Grande, Or.) 1904-1959, October 06, 1911, Image 1

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    4 .
f ' ) - -L ' - -
Defense Will Assert That SpaJn
Bought Horses Alleged to Have Been
Stolen From Roy Lund, a Peniten
tiary Convict Who Is Sow In the City
as a Witness Case Is a Spirited
: 'One. -.'J ,,: V,.:.' . "
Flat denial, that John Spain, Charles
Simmons, Frank Hogg, Harvey Huff
man, Henry McOrath, Zibe Morse and
crossexamlned cioseiy but not with
any' great results to either side. The
defense scored the Krst point by ob
structing the bringing of the Dalton
brand Into the. record. The brand Is
not recorded and cannot, therefore, be
offered as evidence. He did Identify
one of the horses at Issue, having seen
It at Union, this year', using a peculiar
swelling as an Identification
Following James Dalton, who was .a
witness, stating the horses alleged to
have been stolen belonged to him, J.
T. York was called. He thought the
horses In question were worth from
$125 to $150 apiece. He was taken
through a series of questions to es
tablish the tact that green, unbroken
horsss were not worth anything like
that amount and when, his evidence
was In it was questionable whether
Mr. York really understood the values
nf ltv tnrlr h hnit flrnt naoortftrl.
A-young man by the name of Cun
ningham swore that he had gone to
Walla Walla and located one of the
horses said to have been stolen and
brought her back to this valley. His
evidence did not seem to be especially
Important for the attorneys did not
clash very heavily over him.
Lond the Next Witness.
When Roy Lund was placed pn the
stand and was asked where he resided
From Black River Falls to North La
Crosse Black RIvt Towns Are In
undated. High Waters Are Expect
etf . In Mississippi Company Dam
Breaks and Water Hushes Over
Towns.' v.;. .''.;i.,;';i..j,,.v ;,
others ate supper with him on the night he fought shy of the point and with
of June 5 at Union, denying this In the
face of all these men, asserting John
Spain did not pay him 150 as the de
fense claims, on that night, and
asserting other starting claims that
Jarred the defense, Roy Lund, a con
vlct of the Oregon penitentiary today
threw excitement Into the first day
of the trial of the three union men
for horse stealing. This afternoon he
swore that Spain told him that If he,
Lund, would take a small string of
J horses which Spain had .and pasture
considerable hesitation admitted that
he was now incarcerated in the state
prison at Salem. Prosecutor Ivanhoe
took the witness over the first stretch
getting him to admit that he was in
prison, that ' he testified before ' the
grand Jury which returned the Indict
ment agalntt John Spain and his twp
alleged accomplices
This last ; admission brought forth
the fireworks. Cochran & Cochran
and W. L. Strayer of Baker, attorneys
for the defense, set themselves on this
stop the boat and fight It Out Charles
Cochran led off, citing the court to
'statutes -which require: ':the names' of
accusers before a grand Jury to ap
pear upon' the Indtctment. He struck
several eloquent blows at jthe old
hoary headed prosecutor for not at
taching the name of Roy Lund to the
Indictment Ivanhoe answered In
few words, but the court, with an ex
presslon of inquiry, seemed to be turn
lng the point over Very rapidly In hla
precedent requiring such objection to
occur before pleading, then he ruled
against the defendant, an exception
was taken, the exception allowed, and
f them la a secluded range, Spain would point and there was nothing to do but
I give him a horse as compensation
I Lund was riding the Townely stock on
i a range thus secluded and' the"state
I ... ...
maintains . tnai spam anempiea w
have Lund pasture the horses which
Included those aald to have been stol
n by Spain, McGrath and Morse from
the Dalton: ranch. . . ; " , . -The
flat denials and assertions were
made by Lund In face of the fact that
seven or eight men will be called to
counteract Lund's testimony on each
and every principal assertion herein
mentioned. ' -
Will the evidence of Roy Lund, con
victed cattle rustler who is now serv
ing a term of from one to ten years in
state's prison at Salem, have a strong
bearing on the case against John
Spain, McOrath and Morris?
This is the all Important question
today In the case of state against the
parties named. Lund was brought
here from the prison day before yes
terday to appear1' against the defense
on the charge of horss stealing. . To
day he was put on the witness stand
and his answer to every question was
keen and clear cut. 'He knows the
game up one aide and down the other.
The wiles of the skilled attorneys lost
out before the noon hour for up to
the time of adjournment iRoy Lund
had been a star ' witness and was
there with the goods on all questions
relating to the case.
Outlining Its case and placing Jas
Dalton of North Powder on the stand
as" the nltlal witness Is what prom
ises from every indication to be of the
utmost Importance both to the state
. and defendants, the state of Oregon
today commenced trial against John
Snaln. i chamolon buckaroo of the
northwest because of his signal victor
ies at the Pendleton roundup. Henry
' ' V ' 'f- ' ' -. ...
"':'; ' - ';t''rT" ' :; " :"
Seventy Bad Order Cars on Rp Track
Is. Report of 'f the StrlkergXews
From 'Frisco Shows Xo . Rflotlng
There Ofik-kl of Unions May
Have Stand Trial for Some of the
Strikers' AcUons. X ' V
the Espee sent out $60,000 In check?
to pay the men as all strikers are
looked upon as "fired." Under the
orders of the leaders the unionists re
fused to ask for their checks.
Fist Fights but Xo Riot
, San Francisco. Oct. 6. Strikers re
port conditions unchanged since yes
terday.. There have been a few Indi
vidual fist fights, but no rioting. The
companies announced they will now
restore the shops to a normal condi
tion with non-union men.
Strikers report many dead locomo
tives and that equipment Is getting
wrse, badly In need of repairs.
Minneapolis, Oct. The big dam
of "the La 'Cross 9 Water Power com
pany . at Hatfield, Wisconsin,' broke
today. The damage was Immense.
Rain preceded It. The town of Hat
field Is flooded and points below are
warned. The wires are down and It
is unknown how many fatalities w
curred. ' ' '.V ".' ' a ';
' : Many Towns Suffer. , ,
La Crosse, Wis., Oct 6. Damage to
the extent of several millions was
done to ..this section today -on account
of the rampaging Black" river, swol
len by heavy rains. The Mississippi is
rising rapidly and a big flood 1 ex
pected. ... . -. . ,i. , v
A relief train has bee a rushed to
Hatfield which was the hardest hit by
the fjpq d remove (t jeltlyens. . The
town was almost submerged when the
levee above the town burst. The La
Crosse company states its dam broke',
but that there were no casualties.
The company declares they never
cut a channel around the west end of
the dam. The following towns below
Hatfield are flooded: Halcyon, Black
River Falls, Irving, Melrose, North
Bend, Stevenson, North La Crosse and
several others." " ' '
Dead and1 Woundde Turks Found by
: Italians In Tripoli Forts, .
London, Oct. 6. The strained re
lations between Austria and . Italy
were bettered today '.when Italy or-f
dered her navy to cease all operations
along the Adriatic sea coast as de
manded by Austria. This means Italy
will confine her war to the occupation
of Tripoli unless the Turks get . ag
gressive elsewhere.
. Italians Occupy TriiolL
Berlin, Oct 6. The Tripoli forts are
now , occupied by two battalions of
(not Harry) McGrath and Zibe Morse Italian marines. The invaders found
...... . I H M...i.n. v ma ..Mia 4Yia '..M-tinn
on a cnarge or sieaiing two aorses ia uumwi i "
from James Dalton. had ,nea. ',xispaicnea say we uauan
Aligned on one side Is District At- reverests In Switzerland have re-
torner Ivanhoe and on the other sit nounced their allegiance to the united
Attorney Cochran ft Cochran, of La
Grande, W. H. Strayer of Baker and
R. J. Ketchln of Union. A clash came
right "off the bat" as baseball par-1
lance has It, when the defense secured
Kingdom and refuse to return to the
coU . . : '. -. . ' s ' ' ." ,
5 DeathlM'Xot Larg. "
Rome, Oct. 6. Fifteen Turks were
killed and 20 fatally wounded In the
a rullne from the court that the brand Tripoli bombardment, It was officially
used bv Mr. Dalton on his stock should announced today.
not be made known by word of month
because the brand was not In court as
record. Dalton was merely asked to
tell of where he ranged his stock, and
explain the description of .the horses
alleged to have been stolen. He was
the wheels of the trial again began
to revolve. , .
Lund continuing to testify, said that
Spain, McGrath and Morris led him in
the Red, White and Blue saloon In
Union, and In the back end of that
institution an agreement was made
whereby he, Lund, should pasture five
head of horses, Including the two
which now are alleged to have been
stolen, for two months, and in return
for such work Lund was to have a
horse. He would not admit that he
was to have one of the five horses',
but a horse was to be his'.-
Efforts were made to break into this
evidence and compromise the young
man's statement, but there was no
chance. He was as firm as a rock.
He said Spain told him they scot
the brown gelding, which Is In ques
tion, from a man in the North Powder
Baker country, that the horse when
obtained was very poor and the owner
thought he hid been "winter killed"
and he was freely given to Spain and
his friends who. took the animal to
Union and cared for It ;
, Lund Hat Hopes.
A point of Interest developed when
Cochran got the young chap to admit
that he hoped for a shortening of his
term In prison It he would testify in
the case against 'Spain et fjl, but he
ducements had been made to him and
also stated emphatically that no in-
no officer
had mentioned such a
. .' , ,. .. tJi
Story Leading ap to Arrest Is Told m
Graphle Manner. '
Rome, Oct 6. 'More than 60,000
Many Troops on the. Move,
troops are marching to the southern
ports where they are to be transport
ed to Tripoli. Italy Is preparing for
an arduous campaign.
The story leading up to the arrest
of John Spain, Henry McGrath and
Zibe Morse on a charge of stealing two
horses from James Dalton who lives
One hundred acd thirty men are how
on the strike role In La ' Grande
whereas only; 121 went out on the
strike at the Saturday walkout This
Is the report issued from strike head
quarters by the preaa committee of
the , local strikers today noon. The
daily meeting this morning was mark
ed by reports of pickets and others
who have kept watch as to the prog
ress ( affairs on the La Grande dl
vision. At the same time, local offi
cials of the company say there is lit
tie change- one way or the other and
that traffic is being handled with
about the same degree of success that
it has been since the strike went out.'
, Strikers Rieport Dead Engines.
In their statements to the public to
oraer cars in the, yards and on the
rip track in La Grande. The. report
continues: , ,
L"Train No. 56 was 40 hours late.
"Train No. 5, west bound last night
was three hours late on account of
leaking boiler.
"Train No. 17 yesterday was 7 hours
and 15 minutes late
...."IJESJA 18s, last night was 45.minutes
late on account of a leaking boiler.
"Engine No. 261 went dead on the
fast mall, Train No. 9, last night at a
point east of. La Grande, and engine
520 was sent in to bring in the train
arriving with 75 pounds of steam and
1 hour' and 30 minutes late.
"Engine No. 519 was in bad order
with burned brass.
"Seven men from the round house
came out on strike yesterday and two
this morning, making a total of 130 on
strike here. More are expected every
minute. Of those who have walked
out since the principal walkout some
are common laborers and some skilled
Officials May Be Arrested; ;
New Orleans, Oct. 6. Harriman
strikers of the middle west are soon
to become enmeshed' in the law
through the action of the federal au
thorities who are preparing to cite
them for contempt charges by vlolat-1
lng the federal injunctions restraining
them from interfering with railroad
property and employes. 'Strikers are
incensed and are being aroused to a
fighting pitch. They protest Indig
nantly agalnet the government's order.
Thus far the injunction has prevented
rioting but It Is feared they will soon
break out. v
Legal Proceedings Planned.
Chicago, Oct 6. Seeking to assail
the striking . shopmen on the Illinois
Central by prosecution under th
Sherman anti-trust law, attorneys for
the railroad today are endeavoring to
find grounds on which they may pro
ceed on the specific charge of conspir
acy in restraint of trade, according to
rumors current here.
The exact grounds the railroad will
take; If such a step has been decided
on, is not known. '
Pay Checki Sent Out
Oakland, Oct. 6. Acting under the
Attorney General Prejwrlng Brlf to
Answer Telephone Company.
the case of the state vs. tha Pacific j
States Telephone company, which will
be .filed with the supreme court an-
werlng the one by the company which
alleged that the initiative and referen
dum law is a violation of the federal
constitution, la In the hands of the
state printer today, and contains 30
000 words; -written by. the attorney
general. ' ''j ' : ."; jv.'.v' "?
. It denies ' the ' law Is unrepubllcan
and "a government by brute force" as
the company alleged and declares it
checks corrupt legislation and gives
an opportunity for the people to enact
igood measures denied by the leglsla
ture.; 'v ' 'J.'i- -
While Bryan Is -Not Mentioned, Pr9r,i
Ident Springs to Defene of the
Courts In Impassioned Address This
Morning Bing Facts" Is ; Ills
Advic? to the Enemies of the .Sul
preme Court.' ''
Street Car Strike W1U Go Into Effect
and Cars Will Stand StIU.
' Des Moines, Oct. 6. Citizens of
Des Moines will walkT tomorrow be
cause the street car mendeclared the
st-lke is Jo go into effect then. The
action of the unloa was the result of
a , jfallure to agres ,iia. company
on the ; " pers'onell " of the " arbitration
board to -settle their grievances. Judge
DeGraff stated that the injunction
arainst the union which had been la
foice here for some time past, is still
valid, - - 'v; ' '-W.
' Reyes Not the Leader.
a New Orleans; Oct. 6. General Reyes
today emphatically denied he expects
to head the new revolutionary move
ment now In Its Inclplency In Mexico.
Secret agents have been employed by
Maderd and are shadowing Reyes.
(Continued on Pag Eight)
American Entry for Trophies In Bal
loon Race Grounded.
Des Moines, Oct 6. Heavy gale3
over this section today caused the bal
loon America II, which left Kansas
City last night in the contest. far.the
James Gordon Bennett cup. to land
within four mlels of Emmetsburg, la.,
this morning. Aeronaut Asman, "and
his aid Hurlburt were slightly hurt!
when the balloon became entangled in
the telegraph wires. The America II
won the trophy last year. v
, Topeks Is WsabfedV
Kansas City, Oct. 6. -The balloon
ToppkK In the race, landed at Dinwell,
Minn., safe this, afternoon.
America's Hope Out
La Crosse, Oct; 6. The Balloon
which was America's hope to win the
trophy, descended here this afternoon.
Big- Merger Salt Is On.
St. Louis, Oct. 6. The suits to dis
j solve the alleged merger of the Gould
lines and the ouster suit against 16
railroads .doing business In Missouri
for alleged violation of the anti-trust
laws In mmMnltir tn iflv luHtnmr
requirements of the new state law J and freight rates, will be taken up at
which requires every corporation to the October term of the Missouri su
pay Its men when they are discharged.' preme court.
. Pocatella, Ida.,'Oct,'6. Declarations
that the ruling of the United States
supreme court on earth" are almost
parallel to the ruling of the Just God
In Heaven, were made here today by
President Taft In an impassioned de.
fense of the court? The speech is gen
erally regarded as inspired by Bryan'"
attack , in ""the Commoner yesterday.
Bryan was not mentioned, however."
Speaking earnestly the preaient
said that columns were printed .con-.
demnlng the court but no specific in
stances of wrongdoing had been men
tioned. He then declared' the time has
come tor the court's enemies to. deal
in facts, saying: . ' v :r'
"When a court Is doing its duty and
trying to teach the law as It should be.
to have it contended,.,. attacked .and
motives questioned, for mere political
purposes without -solid ground for
such an attack. It goes to my heart
and I Tesent It with deep Indignation."'
The. president Continued; "What1
has distinguished ''this country" from
any other is that the United States su
preme court has ,o often stood be
tween the United States' and errors
which might have'; beeny, comwityetf;
which would have been greatly injuri
ous to the. country. To turn upon
that court, to question its motives to
attack it, is to me -to lay the axe to
the root of the. tree of civilisation;''
In concluding he declared the muck
rake ra' attacks should be disregard
ed and more .trust but in. the officials!
nere, ana one ai uoise. .. . ,
; New. Policy -KxielC,ww " t
i,.lt; Js generally,belU?e4ii4h1'Taft'
will discuss "international peace" 4ur- i
Irg hla coast trip In the effort make
that the administration's,' big i'jiollcy
following reciprocity's defeat;. .-'
He believes the policy can be popu-'
larlzed by reiteration and explaining
it. -.; , ;;, '"v"
a On, Horseback Across 'states. '
Tacoma, Oct. 6. Riding ,the(i same,
horses which carried them oyer moun
tain trails, Alva Boggs and John Bus
ton, Mt Rainier guides, are today offl
on a 7,000 mile horseback ride to New
York via the southern states. '.They
will give lectures and sell -views of
the mountain, to pay expenses. '
Taft Narlns; the Coast
Spokane, Wash., Oct. 6. Cities and
towns of Washington are preparing to
cordially welcome President Taft who
tomorrow will enter upon a four days'
tur of this state. Walla Walla will bo
the first stop on his itinerary tomor
row and In the evening he will arrive
In this city, where a banquet will be
given In his honor. Governor Hay
and other officials representatives will
meet the distinguished visitor at the
Washington-Idaho line, a short dis
tance east of this city, and accompany
him., on the greater part of his tour
through the state.
Laurter Forces Retire.
Ottawa, Oct. 6.After 15 years of
power, the Laurier government today
stepped out and Borden, heading the
conservatives took over the admlnls-'
tratlon. Laurler's valedictory was,;
"Our record speaks for Itself." '