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The Weather
The weather man says:
ludicattooa promiia fair weather for
tonight and tomorroy, with northerly
winds. Warmer.
THIRD YEAR.
MEDFORD, OREliOX, TUESDAY, MARCH 9, 1909.
No. 301.
SUPREME COURT EXONERATES' PUTNAM
RULE THAT DEFENDANT HAD RIGHT
. TO SHOW THAT CHARGES WERE TRUE
DECISION BASED ON PLAIN
GROUNDS MAI
EDIIORJKHOUT CASE
New Trial Ordered - Opinion Says Unne
cessary to Notice Several Errors in Detail-Mistake
was Made When Putnam
was Not Allowed to Prove Charges
SALEM, Or., March 9. In an opinion written by Justice Bean, the su
preme court today completely exonerates Oeorgo Putnam, editor the Medford
Tribune, charged with libel by a Jackson county grand jury and convicted be
fore Circuit Judge H. K. Hanna of Jackson county. The decision is based on
the plain grounds maintained by Mr. Putnam and his attorneys throughout the
entire proceedings that the statutes of the state of Oregon clearly give the de
fendant in a libel case the right to alio if he can prove tint the charges made
by him are true.
"It is unnecessary to notice the several assignments of error in detail,"
reads the opinion of the court. "It is sufficient for the purpose of appeal that
the defendant sought to prove that the matters charged as libelous were true.
Tor that purpose he called Railroad Commissioner Oswald West and Lewis Ul
rich to show by them that Barnum did in fact commit assault upon Dr. J. F.
Reddy with an ax, but tho court rofused the testimony holding that such in
quiry was not pertinent to tho caso then on trial, but was concluded by tho
determination of the grand jury.
"The court also refused to allow tho defendant to inquire into the scope
and character of the investigation made by the grand Jury of the alleged dif
ficulty either by cross-examination of Jurors or by other evidence as to whoth
ei they gave the case a fair and honesl investigation and acted conscientiously
on the evidence before them. Both of these rulings were, in our opinion, in
error. It is a rule in this Jurisdiction that in all criminal prosecutions for libel
the truth may be given in evidence and is complete defense if it further appears
that the publication was under such circumstances as to justify the conclusion
It was made with good motives. The defendant therefore had a clear right un
I'.er the statute to show if he could prove the charges made against the
grand jury and the deputy district attorney were true, and it seems to us
that the evidence of nature and the victim of the assault made by Bamum
against Reddy was pertinent to such defense and proper matter foT the consid
eration of a trial Jury. Because the defendant was denied this right, the judg
ement must be reversed and a new trial ordered."
Putnam ' fuse urou.'id much interi'st
throughout the state a year ugo on ac
count of his sensational arrest on the
iidictment for libel returned by .lack
in county jury Chr'stmas eve a year
ago. He wu pulled from his berth in a
pullman tit I.Tseburg while on his way
to Portland to spend tho holidays,
denied the privilege of commiiuicating
w-tb his fricnls either by telephone or
telegraph, refuted nil courtesies and
thrown into 11 ci 'I in the Douglas Conn
ly jail, and confined until the after
foon of the next day, when lie was re
leased upon h.s friends lienring of 'lis
condition.
Putnam w:n tried and convicted of
the crime of libel a week later and fined
$150. From the judgment and sentence
he appealed, claiming that the court
eittd at the tn;il in receiving and refus
ing ev'dence and in giving and refin
ing certain instructions.
The offe-nt charg-.d in the ind'-t-inent
grew .lit of an artie'e published
in the Mel' nd Daily Tribune of
which PutiiM n is editor a!id manager,
commenting upon the work of the
. ury in invi .t gating a charge of as
sault with a deadly weapon made by W.
.i Barnum. : resident of the Rog'i
llivt-r Vallev 'uilwny upo.i Dr J. F.
V.iiaw Mavir of Medford Barnum
I nd been he, 1 to answer to the ijra id
jurv bv a justice of tV.'. peace, and that
lli nd jurv r u.rned a not true ' iM.
'iirmg tli' fnl tie defendant on
to prove the truthfulness of the article.
!n w that l.i ri urn had commit! -1 a
murderous assault upon Reddy. and that
the grand jury did not make a proper
investigation of the offense committed.
Judge It. K. Hanna, before whom the
case was tried, held that the defend
unt had no riffht under tho law to go
into the question of the manner of the
investigation by the grand jury to offer
anv evidence concerning the nature of
the assault mnde upon Roddy by liar
num.
The alleged libelous ruction of Put
nam's editntinl was as follows:
The Article in Question.
"It took them (th grand jury) just
fiftn minutes to indict a friendless
tnrtfthiff noor old woman and
penniless forger. They spent three days
on thee Barnum case ana men
tho mi.rderf.Hi assault. Deputy District
Attorney Thames is a most relentless
i.rnMMMitnr when a man drops n nickel
lot machine or takes a drink on
Sunday, or a poor fallen creature it
NTAINED BY THE
(-.night sinning. Such henious crimes
must be punished; they are dangerous
at once to life and limb. Hut anyone
tun try to hruin u man with an ax and
seeur:' immunity from a blindfolded rep
resentative of justice."
Among the witness's summoned by
Putnam was State Railroad f!oin-
iiiissioner OhwiiIiI West, who was (pies
linniiiir Rnrnmn t tlie lime tho latter
,,oclinl(.. ,.nrui nd rrk llt Riy
with itn ax. which lie hurled after the
citv'8 chief uiacistrnte. Neither he nor
i he other witnesses of whom there
were a score, wre examined by the
grand jury, and their evidence was
barred by Judge Hanna, who rejected
al! tho testimony offered by the de
fendant and instructed for the verdict
of guilty.
Aroused the Press.
The manner of Putnam's arrest and
.Fudge Hanna 's ruling aroused the press
of the state and a flood of censure and
criticism from newspapers of Oregon
a nd Co 1 i f orn ia pou rod o pon .1 ud ge
Hanna.
Following his appeal to the supreme
iourt Putnam made a newspaper fight
against the election of the court house
i lique whom he blamed for the prose
cution and succeeded in accomplishing
I heir defeat for re election.
While confined in the jail at Rose
burg, he wrote up condtions there, and
as a result nf his article the Douglas
County grand jury mode a special ex
amination and reporter! the jail un
fit for human habitation, and as a re
sult the jail was rebuilt. The Douglas
County deputy sheriff, who refused
Putnam any eourtosirs was a republi-
;m nominee for sheriff and was over
wholmincrlv defeated by his democratic
opponent, who used the story
abuse of power with tilling
of his
effect
against him in the campaign.
The case was prosecuted by District
Attorney A. B. Reames and the defend
ant was' represented by W. I. Vawter, E.
V. Kellv and liohert G. Smith.
all of
whom volunteered to defend him,
tVv considered Ins arrest ::n outrage.
On March 1 the AUska Yukon Pacific
exposition, which opens in Seattle nn
.tune 1. was ." per cent complete, which
makes doubly certain the declaration
that it will be opened t- the world on
the day given.
It will cnt only .V for a round trip
ticket from Chicago to the Alaska y
kon Pacific exposition, which opens ir
Seattle on June 1.
PROGRESSIVES
ARE VICTORS IN
CENTRAL POINT
Leevcr Wins Mayoralty
Fight and Water System
Forces Carry the Day
Much Interest Manifested
Central Point at r. city election held
oi Monday completely dispelled the idea
that she was not progressive. The tick
et that stood for tin advancement of
tho city won out and Central Point
will grow.
W. ('. Loover won tho fight for the
mayoralty against W. ,1. Freeman by a
vote of ft" to ;i7.
For recorder .Tone received 101 voies
ng;inst it for Holmes.
On the proposition to bond the city
107 votes were recorded in favor of it
and only ,'tl worn cast against it.
The fight was a brief one, but bitter
ly contested. It resulted in a clear cut
vii-tory for tho progressives.
LONGEST WILL ON
RECORD IS PROBATED
LONDON. March (l. Probably the
longest will on record, consist ing of
JO, in Id words equal to nearly three
pages of the Express was proved yes
terday.
h was that of the late .Mr. Kdwnrd
Hush, a retired Gloucester engineer, who
left 1-14,818 pounds sterling. The e
tator left lonu pounds to provide an
annual sum for the distribution of re
lief to the poor of Alvi'Hlon, Glouces
ter, on December 11, his wife's birth
day.
Among tho great number of personal
bequests lie made are annuities of o a
week to Hubert Weeks and 'is a week to
his wife. Ids a work to Thoiii.-u- Watts,
Charles Wheeler. William Hall, (i go
Stoekden and Samuel Dugiiiau, and n
pounds a year to Mrs. Itoulton.
The shortest will on record is thai
of the late Mr. Frederick Charles Wil
Main Thorns of St rent ham, who died
in May. lftOii, The document consisted
off three words, "All to mother."
DIGGING ON FARM
FINDS ART GEM
HoMK, March ft. Six months aga a
PeapoJitan biught for .000 a plot four
miles outside of Home, which was t"
be devoted to the growing of art ichokes.
While digging recently ho discovered a
large marble fountain, six feet high and
six feet in diameter, with a frieze of
dancing girls in has relief, evidently the
product of a (.'reek chisel.
Despite efforts to keep the discovery
secret the areheologieal department
heard of it and sent a committee to in
vestigate. This committee valued the
discovery at $100,(100.
The government, which is legally on
titled to purchase these finds at throe
fourths their value offered the farmer
.7.,000, but the value of the discov
eiy was evidently purposely underesti
mated. The farmer refused to part with the
discovery at the price named, lie also
refuses to allow any further excavating
I yihe department. The government is
waiting for the farmer to come down in
his demands. Meanwhile the fountain
is deteriorating from exposure.
VIOLET RAY A DEADLY
ENEMY TO MICROBES
CHICAGO, March ft. Pathogenic mi
robes that may lurk in Chicago's milk
upply may be driven out by the newly
iscovered violet lamp. The instrument.
i'liiiranteed to sterilise any milk in
liirh it may be placed, is a recent
French invention, and its tests by the
Paris academy of sciences have inter
i Med the henith department.
Commissioner Evans says he has the
utmost confidence in FrofVvor itng
nard.f who proclaimed the success "f
the ultra violet electric lamp, and odd
I that if investigation proves the lamp
sure enough germ killer he will in
rodnee it in the city btboratory.
TWENTY PERSONS DIE
IN MAINE WRECK
PORTLAND. Me.. March ft. ,
port savs that 20 were killed
wre.-k nf the Canadian fiver hoi
.Taekman and Greenville, M" t
Details are lacking.
REAL ESTATE
FORM AN
ASSOCIATION
For Purpose of Pladng
Business on Better Basis-Meeting
Held in the
Commercial Club Room
A large number nf real estate men,
embracing nearly all of I he firms of
I he city, gathered Monday evening in
the Commercial club rooms for organ
ization. The matter was thoroughly
discussed at that time, but no action
in regard to llie election of officers
was taken.
Tho objects of the association accord
ing to the by-laws are:
"The object of this association is to
bring the real estate men of Medford
together to assist in tho advancement
if the city's interests it; general and of
the real estate business in particular;
to procure from owners written con
tracts of sale, and, as far as possible,
for (he broker tin1 exclusive agency of
ill! propertylititod or offered for sale
by him ; to effect a uniform rate of
commission to bo charged in real es
tate transactions; to create and main
tain among Medford real estate men
a high standard of business methods ami
integrity, a spirit of fair and honorable
competition, and In assure to (he buyer
and seller the services of responsible
; . 1 1 1 trustworthy ageiils upon a definite
;t!id uniform standard of contract and
charges, to the end that the interests
of buyer, seller and broker may be
alike protected.
" It shall be the special object of this
association to assure its members co
operation in real estate trancastiotis,
protection as to reasonable- commission
for producing the buyer, and. at all
t'lnes to promote the Welfare and
growth of Medford and the Itoguo Itiver
Mitlev."
JACKSONVILLE ITEWS
Mr. Henry of Ashland wr.s spend
illy a few days with her daughter. Miss
'.race llenerv last week.
Miss Issy MeCuIly and Mis. M. M.
Tavlor were Medford visitors Saturday.
Miss l.eoiia ririch spent several days
last week with Miss Orn Patrick of
Miss John Trembei t h and daughter
ho moved to Itcdding California some
I hoc ago are visit itn; in Jacksonville,
Miss Cairie Iteehmaii returned
''liurday evening f nun San Francisco
where she has 1 n visit ing, She was
met at Medford bv her mother and
father. Mr. and Mrs. .'. C. Bookman.
I. Campbell hai returned from a
1 rief trip to Stockton, California and
i- auain in the employment of the
Jackson Cnuni y Abstract company of
Jacksonville.
Miles Cnntrell and John Cantrell and
wife of Applegate were in town Sa'l ur
day.
J. F. Billings of Ashland w:i inter
veiwing the tax collector Saturday as
Mas alii. Marshall Wagner.
Jce Moil.'; of Medford was doing
business at the court house Saturday.
C. E. Whitler. Supt.. of the pear
t reek Orchard company tarried with us
a few hours Saturday.
LEAOUE SPENT $300,000
IN TENNESSEE FIGHT
NEW YORK. March 0. Dr. Irn
l,:'iidreth of Nashville, Tenn.. and see
retr-ry of the Anti Saloon league of that
.;t:if '. in discussing here how Tennessee
went "dry." says that it co;it the
league :to.fWi to win the fight, "and."
he adds. ' what Tennessee has done
m(v oth'T stnte may do. Reven New
York can ea-ily regulate its liquor prob
I, m if it. reallv cared to. It cost ns
t '.odoo to do this work, but it cost the
li.jiior interests million-, and th"v lost."
SMOTHERED WITH
GALLONS OF HOT OREA8E
HOfjITAM. Wah.. March ft John
I.v.,rh. an employe tf the Ninemire
Packing company. nfW ft miraculous os
j pc 1'iotn horrible distant death, was
lr..t.,iK- 1, nrned todav when a tank in
Iti.- -I'iul'M'-i looie containing boiling
j t,r..;,e ejph-ded on account of the Slid
! d n entrnnfo nf c.ld air. following H
'bi-ak in the tank. Hi" hands and fsee
wore covered with hot gress.
CENSUS ill
COMPLETEO
AS JET
Published Statement That
Census Showed 5034 In
Medford Premature-List
Not Yet Comphted
The work of taking tho census of
Medford has not yet boon completed
and the published statement that the
nsidentH within the citv limits ol Med-
id total "iO'M was premature.
Those in charge of counting tho poo
pie in the city have not made up their
lists as yet, and further, no report has
been miule to tho mayor of the city.
Those who have been engaged in the
work say that ti large part of the terri
tory has yet to be gone ovor a second
time, as some of th" houses wero va
cant when visited, tind hence people
wero missed.
Mayor Canon stated this morning that
tin1 list was premature and thnt the in
formation published wan premature and
came from unofficial sources.
Anyone who has been minsrd is asked
to leave their names nt Daniels' cloth
ing store or at the offices of the city
recorder.
rLATT WILL NOT VISIT
WASHINGTON VERY OFTEN
NEW YORK, March (J. Now that ex
Senator Thomas (!, Piatt is out nf the
United States sonata he expects to go to
Washington only occasionally. In the
course of ait interview last night, in
which ho declared it his opinion that
Klihu Knot would be tho future political
leader of this state, ho said:
"I am going to attend to my busi
ness at the United States Express com
pany's office now. You know I've got
to work for a living. I expect to he at
business every day until 1 go away this
summer. But oncn in a while I may go
down to Washington, gocauso, yoti know
I cau't help it."
WILL REPORT
Full Report on Industry to
be Tendered to Taft In
June Says Jordan
SAN FRANCISCO, Cal., March 9
President David Htnrr Jordan of Stan
ford university announces that the full
report 'on the fisheries industry in the
V 11 i ted States will probably be made
to President Taft in June. Dr. Jordan
is the representative of the Tinted
Slates on t he international f isheri
oinmisioii. In his report he will ns -
ON FISHERIES
scrt that the rapid destruction of fish I1'" ,n " f xaciory is in nc
under the present regulations threaten j ' rei ted, ami n now brick schoolhousn,
the destruction of the industry. He' "hich will be steam heated, and other
will advocate the formation of an in-J industries. There is no bridge across
teiHtate fisheries commission, with air ! HK between Gold Hill and Grants
ihority similar to that granted to theiPi'". so the little city in between is
interstate commerce commission for the ! 1 ,l,'f '''d ' a bridge,
regulation of railroad rates. Among t lie I VV""dville is becoming u Mecca for
important suggestions contained in Dr. j nimrods and anglers. There is good
Jordan's report to President Tnft will
the following:
The problems of the Columbia, with
its magnificent fisheries at the mercy
ff the inadequate, greedy and variant
Mates of Oregon, Washington and Ida
1 o, is far more difficult and more hope j
levs than that of the Frn.er river and I
PoiM-t soniol In each stnto fishermen!
try to take all they can get, and tho
1 wo legislat ores can never agree on
mint action of anv kind adequate for
the protection of the upcfics,
This hss
gone from bad to woisc,
Itimbia fisheries are Urn
what thev were i n I
until the Co-
fwB'tiftn of
! Tl", "r,'V S,r",k'" Whi"h in !h
the amusement street oi me aihskh
j Yukon Pacific exposition, is three quar
hers nf n mile long, vet there were fiv
applications for every site on it which
enabled the directors to select only the,
very best attraction-. The fair opens
in Scuttle Jiinn 1.
.
Talk with Dr. Page sbouM von dirs
rcbar4 trsttt or prepsrtf.
4-. . ANOTHER FRONT
TO BE REMODELED
Work will iitart within the
next fow days on the atoro front
now occupiisl by Van Dyke &
Company on Seventh street.
Large plate glas windows are
to lif put in and the front mod-
cruized. "Simply to keep
abreast of tho spirit of progress
in tho city," is bu s explana
tion. The improvement will
greatly add to the nppearnnco of
the block.
May Place Stamp Tax on
Telegramls, Checks and
Like to Raise Money
WASHINGTON, March 0. A stump
lax on telegrams, checks and similar
articles, a 4 centH a pound duty on cof
fee, and possibly an inheritance tax
are among the propositions to be decided
upon tit the coming special sesHion of
cuugress for the consideration of the
tariff to meet the tlOO.OOO.OOO deficit
in the treasury which the Tuft admin
blration faces. Daily conferences are
helf between Taft aud Secretary of tho
I reasury Macveigh, Speaker Cannon
Senator Aldrich and others, Tuft real
iv.vh tho tariff must be accomplished
soon to settled disturbed business condi
lions throughout the country.
KANSAS CITY BANKERS
FINANCE CANADIAN ROAD
WINNIPKO, Man., March ft. Word
was received Inte today that Clark
Bros., bankers, of Kansas City, have
compb ted the financing in Kurope of the
Alberta it Great Waterways railway
from Kdmonlo to Fori McMurrny, with
branches .'t.'iO mill's in length. The bonds
are guaranteed by the Alberta govern
ment. (Engineering parties will be
I laced in the field within two months
end locate a route for construction to
start this summer, ami to he completed
in three vears.
AFTERJRIOGE
Many Improvements and
Industries Await Con
struction ol Bridge
A move iK on foot to secure tho con
struction of a bridge at or near Wood
ville. J. C, A it kens, who spent Hun
day in Medford, states thut only a
biidgo is needed to make Wood ville nn
important point and give the town a
healthy sized boom.
There are a number of improvements
1 "dr way in Woodvi'le and many more
' ''"'""K to te ion no near that point, ann
the shooting is of the best. It is one nf
the most beautiful spots in southern
' '"gnn
RAILROAD CONSTRUCTION
BEOINS IN ALASKA
''OKDOVA
Alaska, March ft. Active
railroad construction in Alaska was bo
gun today and will be contninned with
ill possible speed during the coming
1 Hummer. The steamer Northwestern,
carrying contrHcfors and a large rorce
of men. arrived here yesterduy. The
ailv wat giiilv decorated in honor of the
event.
HEAVY SNOW FALLING
i OPER CENTRAL EUROPE
P.KKLIN, March ft. Snow has been
tailing almost without interruption since
Sunday over central rurope, nnn u
mill coming down. Kailronl, teiegrspn
'ic and telephonic communication is great
' v disturbed in the eastern provinces of
Russia, and the snow generally it from
six niche to two fsvt desp.
PLAN WAYTO
GATHER COIN
WOODVILLE
MANY PERISH
ARKANSAS
A
Fire Follows and Wipes
Out City of 5000 Inhabl-dents-
-Loss Estimated
at Over a Million
HELENA, Ark., Match 0. Eighteen
whiles, 20 negroes wero killed, 40 se
riously injured and ovor 3000 persons
anv homeless us the result of a tornado
that swept through severul towns last
night in the vicinity of Brinklov.
The city of Brink ley, with 5000 in
habitants, was completely destroyed by
fire, which started in 20 places follow
ing the tornndo.
A furious gale is still In progress.
Telegraph and telephone lines are paral
ysed. The loss is conservatively estimated
ut a million.
FOUR ATTEMPTS,
YET NO SUIOIDB
NORTH YAKIMA, Wash., March 9.
Confined in tho county jail beeuuse it
was believed he was on tho verge of de
lirium tremens, S. Sutherland, a labor
er, made four desperate attempts to
take his own life in his cell Monday.
Sutherlaod hanged himself with a neck
tin, bu tho cloth broke. Then ho tried
to strangle himself with his suspenders,
but they broke also. The leather strings
in his shoes were next brought into '
requisition and he hanged himself with
these. The janitor rescued him just as
he was lapsing into unconsciousness.
Sutherland's last attempt wns made
with a cuff fastener, with which ho
tried to sever the veins in his wrist. Ho
will be examined ns to his sanitv.
The American Amateur Athletic
union championships will be contested
for nn tm- stndium of the Alnska-Yu-l'on-Pacifie
exposition, which opens in
Seattle June 1.
NO GAME EINES
State Game Warden Spends
Monday in Medlord Out
lining Work
It. O. Stevenson of Forest Grove, stare
game and forestry warden, spent Mon
day in Medford in o rd e r to eo n f e r
with loci I game wardens and to look
over tho local fielc During the past
year Jickifii county has paid no fines
into the 'ituc hind, the only revenue
being f r tm houting licenses. This and
Klamath counties are the only two
counties in tlx. itnti that have not paid
something to the state in fines.
There will be additional funds to car
iv on the work nf game protection from
the fishing licenses which will be $1
a year for residents and for non
residents. Mr. Stevenson also expects to pay
considerable attention to the screening
of irrigation ditches. All game war
dens hove been appointed water bailiffs
with authority to enforce the fishing
laws.
In Linn county there is a 19 year
old warden who is making u record.
Over $H0O in fines have been imposed
since the first of tht year.
"Henceforth," states Mr. Stevenson,
"tho state game warden's office will
be run upon business principles. Tbff
wurdens will hold office only while
thev enforce the luw. "
DICKENSON WILL WORK
TO INCREASE ARMY
WASHINGTON, March ft. Secretary
of War Dickenson today announced
the principal ohjoet toward which he
would bend his energies during the ad
ministration would he the enlargement
of the army. He snid ns yet he had
no plan to announce, hut that he eonsid
i rs un increased efficiency and the sif.e
i f the itates' national gunrd ns one of
the most important steps toward ft biR
(fsr ftrmjr.
JACKSON PAID