Join the Fish Protective Association and Preserve Fishing in Rogue River and Tributaries vl UNITED PRESS The Weather Occasional showers tonight ami Tu tin day; northerly winds. DISPATCHES By far the largest and beat news report of any paper 111 Southern Oregon. THIRD YEAR. MEDFORD, OREGON, TUESDAY, NOVEMBER 17,-1908. No. 207. Pan DETERMINED FIGHT FOR CHANGE Ruef Takes Advantage of Attempt on Heney to Get a Rehearing of His Trial for Graft SAX FHANCISCO, Cal., Nov. 17. Thai Alio Hticf and his attorneys will make a determined fight to havo Ilia trial hold in another county was evi today, wlion Attorney HoBecnr of tlio dcfcnso filed nil affidavit in sup iort of his motion for n change of vonuo, ulleging that the developments of the past day supported his motion. As tlio law allows an affidavit of that kind to bo filed every day, it is likely that Knot and his attorneys will make an elViirl each day from now on until tho t rial is adjourned to have tho motion fur a change of venue considered by the court in the event that tho present mo t ion is overruled. The prosecution combnttcd the affi davits filed by Ruef yesterday with 25 affidavits of persons who wero present at the places mentioned in tho Ruof affidavits and who denied tho state i ts of tho dofonse. When tho Huef trial wns convened this morning for tho second session since tho attempted mui'der of Francis .T. Ho ney, graft, prosecutor, last Friday, the sniiic warlike military aspect, marked it h deliberations, liuef wns driven to Carpenter's hall in the sheriff's van surrounded by n guard of five detec tives and fivo mounted police, who rode beside the van to see that no attempt was made to interfere with tho prison er. Tlie crowd that surrounded the build ing was kept moving by mounted police and there was no disorder. When Fuef 's wagon was driven to the court building, the police formed in lino nnd kept the crowd nwny until Huof could bo taken inside. Henry Ach nnd Thomas Dozier, Ro of's attorneys, were driven to the court building guarded by detectives. Crowd. Is Searched. Itv the express order of .lodge Lnw lor, the courtroom was not crowded, and everyone was searched for weap ons before he was allowed to enter. Thomas B. Dozier opened the court proceedings by filing a supplementary affidavit to support tho motion of Ru ef 'fi counsel for a change of venne mode yesterday. Attorney Hiram Johnson ob .jected to the filing of the affidavit on the ground that it wns stipulated that all evidentiary affidavits in support of the motion for a change of venue were to have been filed bythe defense yes terday. Ruef 's counsel opposed the objection :(l, il, o statement that it wns express ly stipulated by law and by attorneys in the case that the motion coiim lie v,.,l .it niiv staie of the trial nnd that affidavits covering a period of lime subsequent ro Tlie ruing ui vrn tenlay's affidavits could be introduced in support of the motion for a change of venue nt any time. Jlie court ruled that this contention wns correct and Dozier was allowed to read his affida vit, which covered the time from yes tentiiy up to this morning. THESE PEOPLE CERTAINLY ABE FOND OF BOOZE W1VSTKT), Conn.. Nov. 17. Such hrrgo crowds from Winsted no license sim-e November 1 are patronizing the saloons in Torringlnn, ten miles south of here, that the trollev company is run ning special cars at night to accommo date men who like liquid refreshments. The extra cars have already been .hnstoned "jag cars." Four hundred Wiust.'d people were in Torringtdn Sat nrdavnight nnd many visited the sister borough tonight, throe extra cars bc iug run. It is estimated that nt least .-n,nim will be left in Torrington by Winsted people during the coming year. FOREMAN KILLED AT M'CLOUD BOX FACTORY SlSSON. Cal.. Nov. 17. James M TTninev foreman of the McCloud box factory, was killed nt McCbmd by be ing struck by n hoard k irked back from ihe nlg.T machine while he was in stni.-tintr n now employe. lie was terriblv mutilated, his liver being cruhed and bis intestines put The head surgeon of the McCloud hos pital found it impossible to save his life. Deceased leave a wife and several children, nnd he wns a Tcry popular voting man among his associates, it has not vet been decided where the DEPLETED CONDITION OF JAPANESE IE Feeling Throughout Orient Is to the Japanese Only Await Favorable' Opportunity to Engage in Warfare With United States-Adoption of New Form of Farewell by Officers MANILA, Nov. 17. That ns Boon as tin cm jiiro emerges from its present financial difficulties, Jit m none litres siuiiH in I'll inn nnd tlie iiHHiiiiiption of an arbitrary position on several of tlie delicate phases of tlio far eastern prob lem, will result in war between Japan nnd America in tho expressed belief of officers of the IMiilippino squadron nnd the officers connected with tho intelli gence department of tho army. That instead of tho recent retrench ment policy announced, to tho world by Japan as an evidence of her peaceful intentions, being n promise of peace, but that it is an indication that Japan is already preparing fop war, is the opinion of the military observers at tached to the army in tlio Philippines. Tho depleted condition of tho .Japa nese exchequer it is beliovod hero alone prevented war at tho time of the San Francisco school trouble, and so grave was the situation at the timo that the mon'itors Monterey and Mnnndnock were placed in condition by Captain Davis, in command of the naval stations nt ('n vitc nnd Olong Pan, and ten months' supplies wen stored in tho latter station where tho drydoek Dewey is stationed. Tho preparations that wore made to defend Olong I 'no wero abandoned, but the precautions to protect tho drydock from injury at that timo are still main tained. No Natives Near Dock. No natives except thoso employed in tho navy yard are allowed near the dry dock. Picket boats guard nil water approaches. No Japuueso are nllowed near tho yard at any time. The officers of the Philippine squad ron, which lecently returned from n visit to Japanese waters, tell of inci dents which occurred to show the deep underlying suspicion of tho Japauese of all classes toward American. While a squadron was proceeding through the Island sea a signal was dis played from one of the Japanese forts inquiring what ships they wero. When the answer was signalled back that it was tho American squadron en route to Yokohama, signals wero exchanged between several of tho forts, and when the squadron had proceeded but a few cable lengths a signal was run up on the largest fort, "Stop whero you are." The squadron hove to and after a few moments' wait the same fort signalled: "We wish to remind you that you are within ten miles of tho fortifications. Keep outside that distnncc. Proceed.' Followed by Japs. During tho entire stay of tho squad ron in Japanese waters it was never free for n moment from tho surveillance of Japanese naval officers, who follow ed it by day and night on torpedo boats'. At Yokohama the report gained circ.u HENEY STILL WITHSTOOD SHOCK OF OPERATION WELL- NOT MORE THAN FIVE WEEKS BEFORE SAN FltAN'TMCO, Cal., Nov. 17. A statement issued by the doctors hi attendance on Francis J. Honey nt Hi.'tfl o'clock this morning say that the pa tient passed a restful night anil is feel ing much better and stronger today. He has withstood the shock of the operation successfully and is getting stronger with every hour. While the doctors will not trust themselves to make ton sanguine a statement, it is the 4-onsensus of opinion 'hat it will not SPOKANE ORCHARD SOLD FOR A FANCY FIGURE SPOK A X E, Wash., Nov. 1 7. The Railway Land & Improvement company, of which F. Lewis Clark of Spokane is president, an! nwtvng several large tracts of land along the SKkane & Inland Eleetrir Railway company's line into the p-ilouse country, has sold its magnificent-on-hard at Waverly. Wash., south of Spokane, for 7.Vfr to the Waverlv Orchards company, recently or ganized" in Spokane. Tim tract em braces .12" acres, the trees on fl." acres of which are in bearing, while the rest of the Innd is now planted under the direction of Cyrus L. Smith, horticultural. E! I KE ER PREVENTS WAR Effect That I latiou that the Allnntic fleet would not visit that port and that officers of the Philippine squadron wero compelled to submit to jibes from nil classes, the favorite renturk being: "Why you no comef Tell them wo no hurt pretty ships.' The thoroughness of tho system of espoinage maintained on Americans was recently shown, when torpedo practice and mine planting n Mississippi bay near Yokohama wan abandoned sudden ly vhen naval attache Dougherty ac cepted an invitation to a week-end par ty at a house from which the opera t ions could be watched with a spy glass. Open American Mail. The tampering with the mail of all American citizens of tho empiro is one of the most annoying features of tins espoiniigc. An American secret, sorviec agent, known to your correspondent, for many years, gave the following necount of his observations: "Japan is as systematically preparing for war wiLh the United States as she did in the years immediately preceding the war wilh Russia in preparation for I hat conflict. Kverv officer in the Phil ippines knows it and the army nnd navy departments know it. Thoso ' is lands have been overrun with Japanese military observers during tho past years and several of them havo deserted. As swonns tlx1 present retrenchment pol icy, which does not affect in nny degree the Japanese military preparations for tho appropriations for these purposes have already been provided covering ft number o years, refills the Japanese coffers., look out for trouble. "The Americans out here who know that a conflict is certain feel almost in censed at the apathetic attitude of our countrymen in the states. Amerien will awaken some morning to. find that it is too late to prepare -for the struggle which is coming nnd will bo forced to submit to the bitterest humiliation in our national history.' New Farewell Words. This statement epitomizes tho senti ment of every American here on. the fir ing line nnd the same sentiment has taken hold of the battleship fleet. The new word of farewell to those officers who nro to be detached hero is, "Well, old man, v:e will come over and get yon out of the Japanese jug." Though spoken in jest, there is not nn officer who does not know that the entire naval and mititnry force in the Philippines will some day go down be fore nn overpowering force of Japanese unless a peace compelling naval force is kept within striking distance of the islands. RECOVERY bo more than three weeks before the prosecutor will be a well man nnd not more than five weeks before he will be able to resume his work in the court room. The patient's condition is very satis factory. There is absolutely no sign of septicemia nbout the wound, which is perfectly clean nnd healthy. The phy sicians say that it will remain so ui lens something extraordinary happens. .AMBASSADOR WHITE'S HOUSE IN PARIS ROBBED PARIS, Nov. 17. The residence of Henry White, the American nmbnssa dor, was ransacked by burglars on Thursday night and a large quantity valuables carried away. The booty in dudes gold bracelets, pearl necklaces hroorhes nnd other jewelry. The ambassador is in the Failed States, while Mrs. nnd Miss White have been staying nt their f'hevreuse cha teau. The servants, sleeping on the third floor, were not awakened by the bur glar, who 'strewed the great talons with the contents of boxes and bureaus. MP PRINCEC1G IS THE BIG GUN Head of the Army Has Risen to the Highest Place in China-Did Dow ager Take Own Life? PEKING, China, Nov. 17. Prince hing, president of the board of foreign affairs nnd head of I ho army, has risou suddenly to bo Ihe most prominent fig ure iu China. Even Prince Chun, the regent, lias ntsked tho support of Princo Clung, who is now guarding tho imperial pal- ice with several hundred selected men. 1'he situation is particularly tense since Prince Ching is tho father of Prince Tsui Fu, who ib one of tho claimants to tho throne and who is on hie way to tho United Stales ns envoy extra ordinary to express thanks for the re mission of tho Boxer imdenity. Among tho many eventualities which aro conjectured, tho suggestion thut Ching might gain control of tho gov ernment and put Sang Fu on tho throne yot. Financial Situation Grave, Tho llnnncial situation is extremely grave. Over 20 stock exchanges in Pekin havo been effected by the double death in the royal fnmfly. Native banks nro having great difficulty nnd many are in danger of suspension. Rumors that tho empress, committed suicide havo gained widespread public- it v in the last 24 hours, but no official statement as to tho cnuso of her death r the diroet cause of the demise of the mperor has been issued. That the new government foars an attack by tho revolutionists is denied, hut the regent is using every effort to bring formidable support to his ad ministration and tho most urgent tac tics nro being employed. Japan Is Affected. TOKIO, Japan, Nov. 17. Advices re ceived her from i'cKing say taat ine pnlnco gates are guarded nnd entrance is refused to all persons except after it most rigid examination. The rumor that the empress commit ted suicide after fasting for a week is becoming stronger. The Chineso revolutionary students in this city nro holding meetings and ire being wntched closely by the police. Tokio stocks are still down after the slump of yesterday. FORTUNATE MINERS VISITING MEDFORD OcorKn Pinter uml Hugh JonPS, who rfcontly miulo a rich strike in the Mount Sterling country, Unvo arrived n Mi'ilfurd with sample nf the ore I isroverrd by them. It is rieh with Kohl, a lump nliout tlio size of a wal nut showing n valuo of over $Jo. Thi'ir's is the story so often tolil of miners. They Imil beeomo ilisoouragcil mill ivore about tn leave tho hunt for le'ilRes, when they Btumbleil upon a fort line. They hml worked faithfully for eight weeks ujion a trneo thoy lind .nt, nnd when nbout and yards from the top nf Mt. Sterling between tlio head witters of Deer and Sodn creeks, bill below llm Brown and Anglo pocket, they run onto the cropping of a ledge, (he (piurt. protruding two feet or more above the ground. The rock prospected gold in encouraging quantities nnd they immedintely sunk a prospect hole six feet nnd uncovered a quartr. ledge 1-1 feet in width. In this depth they took out specimen rock, rock Hint glistened with gold, to the amount of several thousand dollnrs worth. Tho Brown and Angle pocket below them produced nn immense fortune a few years ago, nnd it is probuhlo that this new find will surpass this. The two men were driven nut by the winter and are on their way to visit Canada. They will return in the spring. CATTLE BREAK FROM PEN AND HIKE OUT On the arrival of the local from Inst evenine. 2."in rattle in the Southern Pacific corrnlls broke loose after being frightened Jiy thn whistling of tlie trnin, toro down the fences and ran ns far as Jacksonville before the nine men in charge emild bring them tn a halt. Thn cattle were nwftitinir shinment to f'nlifornia and wero as fine a lot of cattle as has been seen In Medford fnr some years. IS INSTANTLY KILLED WHILE . ROUNDING "DEAD MAN'S CURVE H , ,f ftf , rrf$ ,H$d ft' JrlDPfe ill VIEW SHOWING "DEAD MAN'S 0 URVE." BTRMINtlHAM. Ala., Nov. 17. K mil Strieker wns killed almost instant ly today while trying to break tho world's automobile record for 1! I hours' con tiuuous driving. Ho was in a big Renault car mind w as taking many chances in n wild (ry for tho roeord, when he took the "Dem1 Man's curve" at high speed, the car overturning. It was smashed, There was Holding loft of tip machine but a tangled and twisted mass of iron and the driver was crushed so thut ho was hardly recognisable ' " POLICE AT SEA ON HURST CASE Young Girl Is Better-Will Be Taken to Mountains For Needed Rest Although the police am still working on tho ease in following up one or two clues, nothing further has been learned in the kidnapping case nf L'loo Hurst, a 14-year-old girl, as told exclusively in Tho Tribune. Tho young lady has improved considerably in health, but the condition of her nerves after pass ing through tho ordeal is such as to innko school an impossibility for a few weeks. Her parents have arranged to take her up into the mountains back of Jacksonville to the quarry of the Oregon ftrnnite company, whero her father is employed, and keep her there until sho has recovered. rhysicinns havo determined that drugs woro used on the girl, cnusiag her lapse of memory. Hhe is unable to recall any part of tho two days she was missing, and further, she has no recol lection of the parties, who stole her from her homo. f FLASHES FROM THE WIREtt. Oakland, Oal., Nov. 17. Two masked thugs who held up sit men in a saloon oon Kirkhnm street, robbed the till nnd escnped before the police arrived, are still at large and tho police have nn lue to their ideutity. New York, Nov. 17. A cablegram from Theodore Hhnnts from Paris an ununces that a" son was born to his daughter, tho Duchess de Chau.ies. -San Francisco, Cat., Nov. 17. The body of Lieutenant lllnoin nf the Fourth infantry, stationed in the Philippine is lands, wns shipp-'d to Washington, D. for burial today. Tlie body, nccom panied by Mrs. Illonin, the widow, was brought home on the nnuy transport Buford yesteraay. Toklo. Nov. 17. The grand nnvnl re view, which wns to have been held to- lav. was postponed until tomorrow on account of a storm which mnde the maneuvers practically impossible. MonUdllo, Ky Nov.17. The Citiznna' National bank has susin-nded and Cash ier Charles Mi-Coaahey la under arrest ia connection. The authorities are seek ing Assistant Cashier E. R. Winfrey. The shortage is estimated at $227,01X1. Tho deposits mo reported to amount to 110,000. London, No. 17. A dispatch from the Central News ngmcy at Rome to day say" that its correspondent there has confirmed the report that the Duke d'Ahruusi fabled Katheni.e Elkina re cently breaking the match and releaa , ing her from her promise to wed htm. Bill GIVES IN TO VON BUELOW Chancellor Will Remain In Office-Kaiser Will Limit His Interviews KIEL, Prussia, Nov, 17. Til tho face of the hostile criticism of the ontirel empire, severe censuro nt the liaiids of members of the reichntng and the frrt- 1 erntion co il and nil ultimatum from liisli chancellor, Von lieulow, that he would resign unless concessions to pub- ' lie opinion wero made, Emperor Wil ' liaiii capitulated today in Ins interview with Von Iteulow mid promised virtual ly what was nslii'il. It. is understood as the result of the conference Von lieulow will remain in office. Whether or not Kaiser Wil helm wiit issue tlie manifesto limiting his own powers that was demanded by Von Iteulow is still a mutter of doubt. The cotiferenee was held at tho Pots dam pnliice. Emperor William prom ised that he would be more reservod and would interfere less in domes!)" and foreign nl'l'iiirs than in the east and that he would bo more enreful in pub lic and private utterances. London, Nov. 17. V poll of tlio house of commons which was completed todny siiowed the nslonislied party leaders tliat 270 of the entire (170 members have admitted that thoy .nro pledged to sup port the ponding bill for woman's suf frage if it is brought, to a final vote before the end of the session. Tiycoma, Wash., Nov, 17. A sipiadroii of rough riders is being nrganineil In the country near here today by nn offi cer of the riuatemallill army for the purpose of providing a trustworthy guard for President Cabrera. Paso Roblos, Cal., Nov. 17. Governor elect, Cosgrove of Washington is Im proving rapidly and today was able to walk a little. His physician, lr. II. It. Kevfor, left this morning for his home. The governor -elect was in a plensanl mood this morning "nd said Hint, he lie lieved he soon will have recovered en lv. Cut this out and mail it with one Medford, dr.: Louis HiiiiiIv, Treasurer, Medford, Or. Enclosed rind one dollar, one yenr's dues, for membership' in the Rogue River Fish Protective Association, organized to protect fish in the Rogue river and its tributaries, secure needed legislation and re- stock the stre..nii. Address. NO SURETY ON EIFE Of PIPE . Contract Provides Only For Thirty Day Test After Acceptance It Is Up to the City I ' In 1 1n contract which tho city has ; drawn up wilh . L. Hamilton for thti I furnishing of water to tho city from Kittle Hut to creek, it has becu found j that there is nothing in the form of a ' guarantee regarding the wooden pipe beyond a clause which provides for the ! testing of tho lino under pressure for I :W days, when it shall bo ucceptod by I tho city. Thorn is nothing guarautoe- ' j big the pipe, although before tho choice 1 of a water proposition it was gonor fnlly understood that tho pipo would be ! guaranteed for a curtain period of tiiu as was thoSteel pipe. 1 ICngiueer Koberts' attention was call ed to this matter Tuesday morning, nnd J ho gavo ns his opinion that such a lino did not need to ho guaranteed. If tho leak did not develop within 30 days it j would be safe to assume that tho pipe would last for 20 years. "When a carpenter builds a house," said Mr. Huberts, "ho does not guar i an tee it. Neither, then, can 1 seo any reason why a contractor building a pipe 'llne should guaranteo the lino for nny length of timo." There nro a number of persons who disagree with Mr. Huberts, Jiowover, Haying that an inferior grndo of pipo could bo put in, which would rapidly go to pieces. UuurnnteeB for stated pe riods havo been given by pipe ou tractors in other cities. SCANDAL EXPECTED ON BOARD OF THE THETIS SEATTLE, Wash., Nov. 17. Reports which havo preceded the coming of tho revenue cutter Thetis, now in northern waters, where she in delayed by stormy weather, stato that severnl of the moin bers of the official staff of tho vesBel havo been plneed under arrest and that nnn official investigation will bo do iiiuiided from Washington, which will evolve a big scandal among officors of llm Thetia In tho rovenuo cutter serv- COt ,,,,., rolortl, received tho cruiso of , -nt.t in ill northern waters hns boon nmrf. bv friction among tho officors ()f tht, (.utr ,! severnl of them hare ,, ,iiHcj,jn(.(i by Captnin Houdorson. , ( Htnt,,i tht Lioutenunt Miller was c(,,i jn irons and that trouble be ,.,.,, t10 (.iinnndcr of tlio vessel and Chief Engineer Albert C. Norman re sulted else in that officer being disci plined. Lieutenant Hay, according to Wash ington ndvieos. was arrested for somo offense, but becauso his services wove needed aboard the vessel he waa restor ed to duty. Lieutenant liny wna ap pointed to tlio service from Pennsylva nia. Engineer Norman wns appointed from Kentucky. BANKS TO CLOSE AT 3 P. M. AFTER DECEMBER 1 The Medford bnukintr houses have nBroml tl) ,., onon lnv aflor Decem ber 1, 10(18, nt 3 p. in., making Banking hours from 0 a. ni. to 8 p. m. instead of to 4 p. m. ns at prosont. Chicago, 111., Nov. 17. Herman Hil lek, convicted of poisoning tho Vsreal family, wns sentenced today to bo hang ed December 11. San Francisco, Cal., Nov. 17. In or der to coinbnt tho impression that has been created by the various steamship and transcontinental railroad lines that the new ruling of tlie interstate com merce commission has resulted in tint detriment of American shipping mm because foreigners do not have to obey it, the interstate commerce commission lius issued a statement explaining the proposition nnd answering the reiort sent forth luv the rnilroads sincU tho new ruling went into effect on the first of thin month. dollar to Dr. Louis Pundy, treasurer, inns. f funeral will bo held.