THE MKDKORD HAIlt
Olvea All tha Nm All tha Tim
It Ooes to Every Hob la
Jackson Count.
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THK MKOrORll MAIL
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THE SUNRISE
P. Bennett's Beautiful
.
Home and Ladened
Orchards.
Monday la generally what la known
aa a "blue" day among reporter
generally over the country in the
way ot gathering newa, but no so In
Medford.
"When you have no newa to write
about," get out and ruatle," la a good
xtom, and right here In the pro
greaalve city ot Medtord there la al
ways at hand plenty of material for
a truthful story.
Soliloquising thus, and meditating
on tbe beautlfulneBa and prolific
productiveness of the fruit orchards
of the famous Rogue River valley,
tbe evident future growth, unprece
dented building operationa undei
way and of the future prosperity and
permanency of our flourishing city,
-& Morning Mail reporter took occa
sion yesterday morning to atrotl out
Seventh street, across the bridge to
the east side, past many modern and
beautiful homes with well-kept
lawns, picturesque flower gardens
And orchards well laden with fruit,
to the Eagle Point road, along which
the reporter turned north, noting en
route the many aubatantlal improve
.menta nnder way, the many new,
modern residences erected and oth
ers under course ot construction, un
til be arrived at tbe beautiful and
modern bome of E. P. Bennett, lo
cated on his Sunrise Park addition.
The reporter found Mr. Bennett,
with his little grandson, In the orch
ard, busy irrigating the trees, the
water for which la procured from a
well 26 feet deep at the house, and
Is pumped with an electric motor and
conveyed to the orchard through pipe
and a canvas hose. He thus la able
to very successfully Irrigate bis five
acre orchard, which consista mostly
ot applet and prunes, the applea be
ing the Spltzenburg, Ben Davis,
Gravenstelns and Fall Pippins, the
prunes being mostly of the Italian
variety. Although this has been an
exceptionally dry year, and Mr. Ben
nett did not begin Irrigating until
in August, he will have a good yield
-of Ben Davis apples and Italian
prunes.
Mr. Bennett very kindly post
poned his work of irrigating and ac--companled
the reporter about the
place, calling his attention to two
4-year-old Newtown apple trees
which are In full bearing tbla year
and are well laden with choice fruit.
He will realise a good profit from
his five-acre tract this year, not
withstanding the dry season. Mr.
Bennett formerly had 20 acres, but
disposed of it all with the exception
of five acres and a few lots. He has
made many extensive lmbrovements
on bis place within the past year and
'haa one of the prettiest homes in
Medford. His house, which la not
quite finished, Is In every way mod
-ern, with five large rooms, kitchen,
pantry and bath; a screened porch
-at the rear and nice reception ball
and porch In front. The body ofthe
house is painted white with a pale
olue trimming and the roof a steel
gray. The ground dimensions of
the house are 50x30 feet. A wood
shed and storeroom and a good mod
ern barn, 30x52 feet, have also been
built. Two wells of soft water that
afford ample water for all domestic
and Irrigating purposes are on the
place and handy to the house.
Mr. Bennett stated to the reporter
that he wished to show him the dlf
ference between fruit that was irri
gated early In the season this year
and that which received no water
until late In the season, so we vis
ited the adjoining place on the
north of W. H. Brown, containing
ten and one-half acres, and purch
ased from Mr. Bennett last year.
Here the apples were much larger
and more perfect, and the trees of
a much more healthy appearance
than on Mr. Bennett's place, the for
mer place having been irrigated
early In July and the latter place of
Mr. Bennett not receiving any water
until In August. The Spltzenburg
applea on the Brown place are all
good four-tier apples. Another In
stance cited the reporter by Mr. Ben
nett In favor of early Irrigation was
In the case ot a Newtown apple tree,
which during the hot weather In
July two years ago had a very un
healthy appearance, the apples were
small and tbe hot sun colored them
on the south side. The tree was
given plenty ot water, which brought
It out to a healthy appearance and
Jt yielded a good crop of fruit.
Mr. Brown has Just eight and one
half acres in orchard and last year
It produced over 15000 worth of ap
ples. The year before last five rows
of Newtown trees, 25 to the row,
yielded $600 to the row.
Gelng to the house, we found Mr.
Brown busy papering, painting and
otherwise renovating his bouse, pre
paratory to moving bia family In for
the winter. Next year It la bla in
tention to erect a handsome modern
residence on the place. Mr. Brown
Irrigatea hla place from well with
a two-horsepower gasoline engine,
capable of pumping enough water to
Irrigate 20 acres. To avoid the pos
sibility of a shortage of water, he is
having constructed, under the super
vision ot E. T. Hunt, tank tower
to hold a ateel tank wltb a capacity
of 3000 gallons. Tbe posts of the
tower will rest on cement piers. Mr.
-Brown will have an excellent crop of
fruit thla year, from which he- will
realize a handsome profit. He re
cently purchased the 80-acre Schaf-
fer farm, four miles northeast of
Medford, paying therefor $10,000.
There are now 1300 young apple and
pear treea on tbe place, but Mr.
Brown Is setting out a great many
more and also making other exten
sive improvements. Three years ago
Mr. Brown came to Medford and
purchased 40 acres of land near thla
city, paying for it $7000. Las spring
he sold 20 acres of it to Bockstoce ft
Bostwlck of Pittsburg, and 20 acres
to Adama Bro8. of Grand Forka, N.
D., for (22,500, thus cleaning up
the neat sum of $15,600 on the deal,
besides the profit and good living he
had during his three years' posses
sion of the place. Mr. Brown stated
that the 40 acrea now paid 20 per
cent on the price it sold for.
We next crossed over to the home
ot J. G. Medley, who recently pur
chased seven lots from Mr. Bennett,
on wbich be has a fine well. The
lots are 75x200 feet and are sold at
$450 and $500 each. Mr. Medley is
erecting a new modern bome on the
place. It is on the bungalow atyle
and the construction work Is being
done by Contractor A. S. Moyer. The
building has a cozy front porch, a
living room, dining room, two bed
rooms with wardrobes adjoining
kitchen, pantry and bathroom. When
completed it will be one of tbe most
attractive little homes in Medford
We were sorry to find Mr. Medley
suffering from a severe attack of
sciatic rheumatism, and trust that he
will be able to be about again In a
few daya. Before leaving, Mrs. Med
ley Insisted that we partake of some
watermelon, grown on the place
which was found to be very pleasing
to the palate. The melon was grown
without Irrigation and for flavor
could not be excelled anywhere.
I. W. Harris has one and one-half
lots, which he purchased from Mr.
Bennett and la improving.
Mr. Burchard also has one and
one-half lota on the Bennett tract,
which he la Improving.
L. B.Overholz has one lot that he
purchased ot Mr. Bennett and he Is
preparing to build.
Adjoining Mr. Bennett'a Sunrise
Park addition on the south is Horn
ing ft Porter's Frultvale addition of
20 acres, all platted, the lota being
50x120, and range in price from
$250 to $300 a lot. We understand
most of the lots have been sold and
buildings will be erected this fall and
winter. At present among those liv
ing In this addition are Messrs. Lim
ing, Carl, Hockersmtth, Clair Morey,
A. C. Cox, Lorrlmer, Roberta, Wll-
soncrof, Hodges and Chlsm, all of
whom have neat, modern homea of
from two to five lots, with good
bearing orcharda.
G. H. Johnson has two lota and Is
preparing to erect a nice home. He
came, here from Slsson, Cal., on ac
count of being troubled with asthma.
This climate proved beneficial to him
and the asthma has entirely left him.
1.. McClelland has seven lots and
a good producing orchard. He is
busy making extensive improve
ments on his hotiBe and in the way
of Installing a pumping plant and
gasoline engine with which to irri
gate his orchard.
W. R. Horning, one of the owners
ot the tract, haa a modern resi
dence, well Improved orchard and
resides there.
SAI.F. OK FRI'IT LANI.
Thirty acres, or three ten-acre
tracts, of fruit land In Dr. F. C.
Page'a Alta Vista Orchard, near
Eagle Point, was sold yesterday b
Messrs. W. T. York ft Co. to Johr
Orel) of Chlco, Cal. Nine acres of
the tract are planted to trees and
the remainder Is raw land.
Mr. Oreh will at once commence
the erection of temporary buildings
on the tract, buildings suitable for
a few months' residence, and next
spring he will pnt up a fine, modern
bungalow dwelling and will then use
the temporary buildings for barns
and sheds. His family are now living
in Chlco, but will soon Joil hlra
here.
This land is part of the land which
Mr. Page bas had on the market for
the past four months and Is about
the last he will sell In small tracts.
A good part ot this tract la planted
to apple and pear treea. Tne most
of the trees are 2-year-olds and they
have taken on a wonderful growth,
proving beyond a question of doubt
the adaptability of the soil for fruit
culture.
SlBSCTtlBE FOR TUE MAIL.
OF
OJI. CAGLE
Ex-Sheriff Jackson. Could
Find No Trace of
the Body
What bas become of O. M. Cagle
la the question which Is troubling
both the police ot this city and his
wife. Yesterday afternoon Chief of
Police Shearer got a telephone mes
sage from Ex-Sheriff D. H. Jackson
stating that he was unable to find
any one at Grass Lake or Weed, Cal.,
who knew anything about a murder
or the finding ot a body.
In addition to that, Mr. Jackson
stated that several parties saw and
apoke to Cagle at Weed last Thurs
day, and he told them that he was
making a deal to purchase a butcher
business at Dorris, Cal., and that he
had been there to make the deal. It
so happens that the letter addressed
to Chief of Police Shearer was re
ceived by him on Thursday after
noon, and It must bave been mailed
Wednesday.
Tbe case Is certainly a mysterious
one, as the letter was not signed, but
contained two business cards, one ot
tbe livery he had been working for
here and the other ot the Hodson
garage. There was also inclosed part
of an envelope wltb Cagle'a name
and address written on It, which the
writer aald waa found In the pockets
ot the clothes of the man whoa body
waa found.
The letter also went on to state
that the body was found In she
brush near Grass Lake, and that the
skull was crushed In and hogs had
been gnawing- at the body so that
it waa Impossible to recognize the
feature. On the strength of this
letter Chief of Police Shearer and
Recorder BenJ. M. Colllna went to
the home and broke the news to Mrs.
Cagle.
Mr. Jackson stated that be Intend
ed to go on to Dorris as soon aa he
could get there, and would see If it
were possible to find any trace ot tne
missing man from that point. Up till
1 o'clock this morning no more nad
been beard from him and tbe case
still remains a mystery.
4'aglc a HumorlHt.
Although It might be under an
other name yet, O. M. Cagle, late of
the city ot Medford, Jackson county,
state of Oregon, will likely Boon be
blossoming forth as a professional
humorist and rank with Mark Twain,
Bill Nye, Jerome K. Jerome and
scores of others both at bome and
abroad.
A week ago last Saturday Mr.
Cagle left his bed and board and
wandered forth to the land of earth
quakes, of orangea and formerly of
gold. He left behind him a truattng
and loving wife and two children,
and In order to be provided for a
rainy day took with him the sura ot
$400 in hard cash.
In addition to the cash, Mr. Cagle
evidently had with him a number
of dime novels, for In no other way
can the sequel be accounted for. The
day before he was seen lo Weed,
Cal., a letter was received by the po
lice here telling how the unfortunate
Cagle had been murdered and the
hogs had so eaten the face and the
body that no one could tell Mr. Cagle
from a hole In the ground.
; . J 1 1
The above marks stand for the
8oba and the moans of the trusting
and the loving wife as she pictured
to herself the horrid and the hor
rible fate of her own and only darl
ing, the man who had promised on
his solemn oath "to love, honor and
obey."
Well, Mr. Cagle, the would-be hu
morist, or whatever else any one
might feel Inclined to call him, haa
gone, vamoosed the ranch, skiddooed
or, in plain English, haa skipped
out.
Now for the motive. Mrs. Cagle
asserts that her lord and master had
no reason to leave her the way he
did. She says that they always got
along nicely, and surely, he ought to
know. In the meantime, Mr. Cagle
Is probably somewhere In the vicin
ity of 8an Franclsro, looking for a
Job on some funny paper, or prepar
ing to start on a lecture tour, which
mluM turn out to be a funny as his
supposed death.
IS HKKKINO IXVKHTMK.NT.
That capital Is looking to Med
ford and the Kogue River valley for
sate and remunerative Investmenta Is
dally evidenced.
A recent arrival In Medford Is E.
F. Moyer, a prominent capitalist and
business man of North Yakima,
Wash., who Is on his annual vaca
tion and seeing the country. The
gentleman la a subscriber to and
reader ot The Morning Mali, and It
waa through this medium that he
became Interested In Medford and
the Rogue River valley and decided
to atop oft and Investigate conditions.
In conversation yesterday with a
Morning Mall reporter! the gentle
man atated that aside from bis ex
tensive business Interests in North
Yakima he waa engaged In tbe bank
ing business at Toppenlsh, Wash.,
and waa the principal owner of the
Golden Gate mine at Easton, Waah.
He la very favorably Impressed with
this flourishing city and valley and
said: "You have here ft very desir
able fruit country and tbe flavor of
the fruit It excellent. I am from a
fruit country myself, but upon Inves
tigation I find that the flavor la far
In advance of the Yakima fruit,
where the growth ot everything de
pends entirely upon irrigation. I
am looking around with a view of
Investing, and It is quite likely that
I will find something to suit me in
your thriving city and valley."
Before returning to hit home In
North Yakima, Mr. Moyer will pro
ceed to California, where he will
spend a few weeks looking over the
country and visiting with friends.
I'LKASANT SURPRISE
'Comrades, comrades, ever since we
were boys;
Sharing each other's sorrows, shar
ing each other'a joys."
G. B. Morey of Vermont, Mich..
arrived in Medford yesterday and
very unexpectedly and pleasantly
aurprlsed his old-time friend and
comrade, Judge William S. Crowell,
president ot the First National bank.
It had been 43 years since they
had met. During tbe civil war Mr.
Mowrey and Judge Crowell fought
together In the Twenty-ninth Ohio
Volunteers. They were together In
the first battle of Winchester wltb
General Shields, and also at Buz-
zard'a Roost and the battle of Ras-
aca, Ga.
After becoming separated from
Judge Crowell, Mr. Mowrey waa also
in tbe battles of Port Republic and
color guard at Gettysburg. He lost
hla leg from a wound received at the
battle of Pine Mountain.
To a Morning Mail reporter, Judge
Crowell said: "He Is one ot the best
fellows that ever lived and he has
pleased me very much by coming
all this way to see me."
Mr. Mowrey Is very much pleased
with Medford and the Rogue River
valley and will remain In the city
about two weeks, the guest of Judge
Crowell.
MKllPORIt'S SCHOOLS.
Since the Medford public schools
opened Just two weeks ago yesterday
the attendance has Increased 63
This. Is the opinion ot Professor U.
G. Smith, the superintendent of the
city schools, is a percentage that haa
never been equaled In any other city,
to bia knowledge.
When the schools opened Septem
ber 7, tbe enrollment waa not fln-
lahed, but It was the following day.
and the figures showed a total of
733 pupila In both the West and
North schools. Yesterday Professor
Smith added up the number again,
and although he was well aware that
there had been an Increase, he was
somewhat aurprlsed to find tbe en
rollment to be 796 an Increase of
63
Tbe attendance at the West school
at the opening was 456 and it is now
493, making an Increase of 37. At
the North school the attendance at
the opening was 277, and It Is now
303, making an Increase of 26. This
makes the total increase, as before
stated, 63.
The number now enrolled In the
different grades are as follows:
Wont llullillng.
High school 125
Eighth grade 36
Seventh grade 36
Sixth grade 33
Fifth grade 45
Fourth grade 4 8
Third grade 57
Second grade 42
First grade 71
Total 493
North Building.
Eighth grade 13
Seventh grade 40
Sixth grade 34
Fifth grade 40
Fourth grade 34
Third grade 45
Second grade 43
First grade 54
Total 303
Grand total 796
Professor Smith says that most of
the children who have entered since
the opening belong to families who
have come to Medford since that
time and that most of them are from
the east. The school figures are as
a rule considered to be a very reli
able means of figuring the popula
tion of a city. That being the case,
Medford must certainly be Increas
ing in population at a very fast rate
Speaker Cannon Is not greatly In
evidence now. He will not hold hi
own until he gets congress nnder his
thumb.
EVERY BODY
E
Fair Committee Very De-
sirious That All
Take Part
To make of the Southern Oregon
district fair the grand success an
ticipated, the committee who have
the management of the affair In
hand must have the hearty and loyal
co-operation ot the people.
The second annual exhibition of
the Southern Oregon District Fair,
to be held In the city of Medford, Oc
tober 1, S and 3, should be made to
eclipse all former efforta and eventa
In the grand display ot Rogue River
valley products, fruit especially, and
In the proper exhibit of Jackson
county agricultural and stock Inter
ests. The fair committee, of which . J.
A. Perry la preaident, J. E. Watt
secretary and Ed Andrews la super
intendent, are putting forth every
effort in their power to make the
fair a grand auccesa and an event
long to be remembered In the future
growth and history of Southern Or
egon; but lu tbe accomplishment of
this and aa a crowning point to their
efforta, the committee ahould, and
no doubt will, receive the co-opera
tion of all the people In the county.
In conversation with J. E. Watt,
secretary, yesterday, the gentleman
informed a Morning Mail reporter
that the committee waa very dealr
ous that tbe ladles of Medford take
an active Interest In the coming fair
and gather all the needle, fancy
work, brlc-a-brac, paintings and rel
ics especially, of which there are
many that are connected with the
early hlatory of the city and county,
for exhibition. Showcases will be
arranged In the exhibit building for
the ladles and anything they might
bring will be safely guarded and giv
en the beBt ot care and prizes given.
The committee also earnestly urge
upon every farmer and fruit-grower
the necessity ot bringing In the very
best they have for exhibition. Good
prizes will be given for every kind
of product grown, and ample ac
commodation for the proper dlBplav
of all producU will be arranged In
the exhibit building. Premium Hats
can be procured at the office of J. A.
Perry on Seventh Btreet.
In the exhibit building will be al
lotted adequate apace for a proper
display of the rich mineral resource.
and It Is earnestly hoped by the com
mittee that mining men will not be
slow In bringing In the best sam
ples they have for exhibition.
Arrangements for tbe stock and
poultry exhibits are not by any
meana being overlooked by the com
mittee, and It is earneatly hoped to
make this one ot the leading and
most attractive features of the fair.
Commodious quarters will be provid
ed where the stock and poultry will
receive every care and attention.
Bring In the best you bave, Mr.
Stockman and Mr. Poultryman. The
best la none too good for Medford
and Jackson county.
Ed Andrews, of the committee,
who Is giving his special attention
to the racing events, promises the
people some exciting and speedy con
tests for which adequate purses will
be given. There will be three days
of racing, free to the public, and four
races are promised each day.
The racetrack just outside the cor
porate limits of the town on the
north, Is undergoing extensive Im
provements to place it In readiness
and Insure good racing and speed
events at the fair to be held In this
city October 1, 2 and 3.
It Is a circular one-half mile track
with a good Inward slope and wen
packed. The turns of the track an
being fenced and a new grandstand
1 being erected with a seating ca
pacity of 1000 people.
There will b three days of rar
ing, four races each day, and some
of the fleetest horses In the country
will be entered and compete for the
purses.
The management Is sparing no
pains or expense toward making the
race meet a grand success, and those
who attend will undoubtedly wit
ness some exriting and Interesting
raring events.
GRAIUATKS TO Kt'ttKXK.
The young lady scholars of the
Medford high school class of '08 who
graduated with high honora at the
commencement exercises held In this
city In May last, take their depart
ure this morning for Eugene, where
they will enter the stato university.
The young gentlemen graduates will
follow tomorrow (Monday) morn
ing. The young ladles are Miss Clara
Wines and Miss Ruth Merrick. The
hoys aro Parlch Earhart, Fred
Strang and Karl Mlnecr. The best
wisbea ot many friends In Medford
go with the young people la their
future scholastic efforts at the state
university, and there it no doubt but
what the Medford claaa will be heard
from with honora in mit Institution
of learning.
The atate university will open and
begin the fall and winter term next
Thursday, September 24.
BIG DEAL IN REALTY
A real estate deal waa closed In
Medtord yesterday whereby $15,000
and 100 acrea of choice land changed
hands.
Messrs. C. T. Noe and John H.
Butler, two of Medford'a prominent
business men, yesterday purchased
and became the owners ot one-half
ot the 200-acre farm of Mrs. C. E.
Wllkjr-ion, located five miles north
east ot the city, on tbe first slope
of the foothills and near the center
ot the tamous Rogue River vs'ley
fruit belt. The purchase prlc- pa'd
was $ I .'-, which amount Is con
sidered veiy reasonable, ns the pl-.ce
Is well mproved, all level, cleared
and In cultivation and ranks well
among tlo best producing farms 1
tbe valley. The farm haa never been
placed ua tho market and Its sale it
thla time cornea as a Burprlse to
many who were of the opinion that
no part uf It could be purchased:
but get'.lng along In years, decided
Mrs. WUirson to sell off a part of
her land, and she experienced nr.
trouble whatever In readily finding
buyers at the price she asked.
While the place la an ideal one
for fruit-growing and Is located c
the aame belt with the well-known
and big r reducing orchards of
Messrs. Ganet Bwanwn, Merr'clr,
Enyart an-! olhers, the tew purchais-
era. owing to the high price
of hay, $20 per ton, will seed lh
place to iillrlfa. That It will jnv
an enormous crop of this foraue
plant there la not the least doubr,
aa It .las two living springs of water
that flow the year round, which,
with the natural eub-lrrlgatlon, af
fords an abundance of water. The
land also lies below the survey of
the high-line ditch.
The place commands a magnificent
view of the surrounding country
overlooking Medford, Central Point,
Jacksonville and other points.
Messrs. Noe and Butler are extremely
well pleased with their purchase and
will no doubt not only make of It
one of the prettiest farms In the val
ley, but also one that will prove
highly profitable and remunerative
on their Investment.
WANTS iik; fee.
PORTLAND, Or., Sept. 22.
Whether K. W. Galnea, an enterpris
ing Union county man, ahall collect
Crom a large number of Eastern Or
egon farmers a commission of 60 per
cent on any reduction In freight
rates that may be made on the O. R.
6 N. and Its branches by order of
the railroad commission, la a ques
tion just now agitating the minds
of a number of farmers and also of
the members of the railroad com
mission. Mr. Gaines expects to get
the commissions running Into large
but unknown sums. The farmers
and the members of the commission
won't let hlra get the fees If tbey
can help It.
Last week J. L. Woodell of Ia
Grande and W. T. Walllnge of AllccI,
shippers of grain, were In Salem at
tending the state fair, and while here
they held a conference with railroad
commissioner Oswald West. The
story they told was that last May F.
W. Gaines went among Eastern Ore
gon farmers, reminded them what
high freight rates they are paying on
their wheat, told them he was work
ing on the subject In conjunction
with the railroad commission and
might be able to get an order from
the commission reducing the rates.
This would require much work
and expense on his partq, but would
mean a great saving of money to the
farmers. Iii order that ho might bo
reimbursed for his work and expend
iture, Gaines Induced a large number
of farmers throughout Eastern Or
egon to sign a contract agreeing to
pay him half the amount of the re
duction In freight on their grain the
first season after the order reducing
the rates should be made.
When the farmers got to thinking
the matter over some of them won
dered whether they had not acted
hastily. After consulting with Kail
road Commissioner West. Messrs.
Woodell and Wallinge had no fur
ther doubt that they had acted un
wisely. Mr. West declared today that there
is no reason whatever why any farm
er or other shipper should pay any
man a commission or fee for secur
ing a reduction In freight rates.
REV. F, C. IVIUIAMH RKHIGNtt.
Rev, F. C. Williams,, who has been
rector of St. Mark's Episcopal church
In this city for two or three years
last past, has tendered his resigna
tion as such pastor, the same to be
effective November 1. He will move
to Boston with his family and will
accept a pastorate nenr that city. He
formerly resided near Boston and
held pastorates there before coming
to Oregon.
U. S. COURT
OMIPPEnLS
Motion for New Trial of
Nickell Case Most
Important
PORTLAND, Or., Sept. 22. The
United 8tates Court of Appeals for
the ninth circuit late yesterday after
noon adjourned the September term
of court for this district to meet in
San Francisco, October 5. The court
which consists of Judges William B.
Gilbert of Portland, Erskine M. Ross
of Los Angeles and William W. Mor
row of San Francisco, will bold a
special session In San Francisco, Sep
tember 28. Judges Ross and Mor
row, accompanied by Meredith Saw
yer, deputy clerk of the court, left
last night for California. Judge Gil
bert will leave Thursday, In order
to reach San Francisco in time for
the special session ot tbe Circuit
court, which is to be convened Mon
day morning.
Luring the afternoon tbe court
hea.'d arguments on a motion for a
reheating In the case of the United
States against Charles Ntckell of
Jacksonville, who had been convict
ed of subornation of perjury and
sentenced to 13 months' Imprison
ment on McNeils Island. At the time
of Nlckell's alleged orfense be was
publishing two newspapers in South
ern Oregon and at the same time was
serving as United States commis
sioner. On January 31, 1905, Nickell waa
Indicted together with Henry W.
Miller and Frank E. Klncart, timber
cruisers, and Martin G. Hoge, who
was then city attorney of Medford.
At the trial Miller and Klncart
pleaded guilty and made complete
confessions Implicating Nickell and
Hoge and resulting In their convic
tion July 27, 1906. Hoge was sen
tenced to four months in the Multno
mah county jail and to pay a fine of
$500. After completing his sentence
Hoge took the "pauper oath" and
was liberated. Nickell appealed his
case and was granted a rehearing by
the court of appeals last May.
In the argument for a rehearing
the only question presented was
whether or not the court erred In
ruling upon the admission or exclus
ion of evidence or the Instructions
to the jury as they were affected by
the decision of the United States Su
preme court In the J. N. Williamson
case. At the close of the arguments
the court took the case under ad
visement. Nickell and bis associates were
charged wltb procuring persons to
make entry of timber lands, repre
senting that they were In a position
to sell the timber at 50 cents a thou
sand. The alleged conspirators are
accused of having charged the entry
men a fee of $125 as a commission,
an advance fee of $60 being required.
The quartet was Indicted following
the discovery by tbe government that
they did not Intend to do any more
toward securing the land for the en
try men than to obtain the first pay
ment of the commission money.
EDITOR Pl'TNAM ASS.II.TEI
George Putnam, publisher of tho
Tribune, was assaulted on the streets
of M 3d ford about 10 o'clock yester
day forenoon by E. E. Jackson, son
of ex-Sheriff Jackson. The assiu!1:
took place in frnn. of Hitssey's essh
sto.-e, on West Seventh street, and
was witnessed by a number of ner
sons. Tho trouble was tbe result of Ar
ticles published b; the Tribune Iu
Ing the recent campaign. Jnc'-cca
struck Putnam two or three times In
the face with his finis and Inflicted
injuries which, while not serious,
will require several days to heal.
A complaint was sworn out against
Jackson by Chief of Police Shearer
and he was arrested, charged with
assault and battery, and upon being
brought before Recorder Collins, he
pleaded guilty and was fined $20,
which he paid.
Tho Morning Mall does not bellovo
there Is an occasion which will jus
tify a street assault such as this one,,
and we do not believe our people ap
provo of this method of settling dif
ferences. Seeking Investment Here.
John McKca and G. E. Pitts of Sls
son, Cal., are Medford visitors. Mr.
McKca Is a lumber dealer and is
looking for a location In that busi
ness In Medford. The gentleman has
been all 07er the Coos Bay country
and finds that nil tbe timber there
is cornered by a few wealthy men,
and no chance for a business open
ing. He snys this Is by far the best
looking country he has seen and that
he very much taken up with It and
will In all probability permanently
locate here.
MAIL WANT AUS IIU1XG UKSl LTa