The Corvallis times. (Corvallis, Or.) 1888-1909, February 18, 1905, Image 1

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    3onnty Clerk's OiSc
Yol. XV1L-Nb537.
n
CORVALLIS, OREGON. FEBRUARY 18. 190.5:
B.F. IRTim Kdlto.
' find Proprietor . u
ill fil 1 ' 8 15
' .-1;. . ; . ;
. SUMMONS.
v. In the circuit court of the state-. of -Gfre-
; .eon. for Benton -county. ' . v
, . George A. Houckv jplaintlff , vs. ' .tleorge
Schafer and Annie 'Schafer, Edward -:ltonat
i,-and Agnes Donati defendants. .-
., ; To bdward. Uonat and, Agnesv UonaVfle-
.-tendants;. above named; i. ?
ft-- u me name of lha urate- nf Orneftn . ; -mi
, : and each of you are , hereby . summoned tind
.-.required to , aDDea-r?. and answer, the .-crttn-
plaint of the plaintiff in. the above entitled
.,- uuii, now on nie, with tno elers of the -above
.. -entitled court,, on or before, the last df& of
i, the time preserved in the order for? nubll-
it-judge of Benton county, state of; OregonN
.. iiwuig me county , wnere tne aDove -enQueu
iij suit is "pending in the circuit court of 'said
,. i.--"uiitjr uu amies, which saiaiuxuer- is nere
j inafter referred to, .to-wit : on or before six
, . weeks from- the day- of '.first publication
hereof,- and you are hereby notified that If
-you fail so to appear and answer -the said
..,-.( complaint . as herein, required,, 'for want
i thereof the plaintiff will Apply to the above
, . ..entitled court . for the . relief demanded ' in
. ..- said complaint, namely tfor a decree of said'
....circuit court declaring and . decreeing that
. there is due from ..the defendants, George
Cjlhnfn, An1n O ..I. .. f .... T-3. 1 Ti i. 1
wsjktsmm uonai, w piainiin, upon saia promis-i
. i sory notes i and said mortgage in said com-I
- - plaint described, the sum of $4,760 in gold
:-eom of-the United States, together Jwitb ln-
.terest thereon at the-rate -of 6 per .centum .
- per annum irom septemDer its, laus, until
.the date of said decree;-and further decree-
, -lowed, and allowing the same, to plaintiff, as
;.: -attorney's fee for instituting this suit',- also
... decreeing that -the plaintiff, have a first lien
'.- .on the following described-real DroBertv-.'.to-
w -wit: The east half of the southeast quarter
. ! section 5j the west half of the' southwest
quarter,- the northeast quarter of the south
,i west quarter, the northwest quarter of the
4.1 southeast quarter, - the southwest (quarter of
, ihe northeast quarter, and- the south-vhalf of
rr the northwest, quFcet -of section-- ,;all- of
the;foregoina:-dbi?rng -to township'il5 south,
.... .range S.TFesfc '-;.iso,hginniing at thesouth-
east cornel' of 'te. northeast quarter of sec
f tion'5, .townshjpriSSputh, range. 5 west, and
Tun thence west 15.25,-chains, thence north
20 chains, 'thence aa-.15.25 ' chains.- and
thence south 20-ehatnS' to the place of begin-
all of the foregoing being in; Benton county,
. state of Oregon together with ail and eingu
j,t lar the tenements, AeretHtamehts. audi appur-",.tenanees--thereunto
belonging -or -in anywise
-appertaining, for the 'full .'amount of said
-,,4.760land interest as above, with $450 at-.
--nmg,' conaming- ju i-z acres, more or less.
i toBiejs fees, and the costs, disbursements
and expenses, of this suit, and the sale of
, said real property; that the above described
:i ' real property be 'sold in the manner pro-
Tl.t.lH hw ln tr.. Ka fAlnm.A, -.,.,.1 ..
I; tate mortgages, for gold coin, of the United--i
. States of America, by the sheriff of Benton
county, Oregon, , and that the proceeds de
, rived from such sale be applied, by the. party
i' making such sale, as follows, .to-wlt i First,
r to the payment of the costs and expenses f
a '-.said sale: second, to the costs and disburse-
u ments of this -suit ; third, to the payment to
, plaintiff of the sum of $450 as a reasonable
A attorney's fee herein ; fourth, to" the amount
- louna due in said decree upon said notes
: and said mortgage that is, the sum of
- $4,760, together with interest thereon at the
. rate "of 6 per centum per annum from Sep
. tember 16, 1903, until the date of said de
cree; and. lastly. if any remainder there be.
to the defendants, cn. demand, as their inter-
. t may appear ; mat an oz tne aerenaants
forer -. . ryirrjeo- aTdv -foreclosed of all
light, title and interest of. in and. to, Baid
v.a-eat: property, and of all equity iof redemp-
tiou. luvrem, except only, iflft. statutory rignt
of redemntion, and for such "other, further
and different rule, order or relief as to the
This summons is nuollshed 4n rii-
. -3is imes-.noe-a"--week' for-'six consecutive
weeks,- beginning with the issue of. February
11, 1905, and ending with the issue of
March 25, 1905, under and in pursuance of
, the directions contained in an order made
by the Hon. Virgil E. Waiters, countv 1udee
of Benton county, Oregon, dated February
10. 1905. Date of the first nubiieation here
of is February 11, 1905.
E. E. WILSON, .
Attorney for Plaintiff. '
SUMMONS. . '
In the circuit court of the state of Ore-
son for the county of Benton.
George E. Chamberlain as r-ftrwr of
Oregon, F. I. Dunbar aj secretary of state,
and Charles S. Moore as state treasurer of
the state of Oregon, constituting the state
land board, plaintiff, vs. K. M. Donat, Mary
jonat. itooert w. ciacK ana tieorge A.
Houek. defendants.
To H. M. Donat, Mary Donat, Robert W.
Black and George A. Mouck, the above
Hamad detendants : -In
the name of the state of Oreeon. vmi
,nd each of you are hereby required to ap
pear and answer the complaint of the above
named plaintiff in the above entitled court,
now on file with the clerk of said court
within six weeks from the date of the first
. publication of this summons, and you are
hereby notified that if you fail to appear
and answer said complaint as hereby re
quired, the plaintiff will apply to the court
xor tne reuei prayed tor in said complaint,
to-vit: tne toreciosure of a certain mort
j gage made and executed by H. M. Donat,
Miuiy ijum auu rtooerc w. macK to plain
tiff on the 2nd day of October, 1903, to se
cure the payment or- a certain promissory
note of said H. M. Donat, Mary Donat and
jvuuei-t w. ciacit ror $z,uuu, payable one
year after date, with interest thereon at the
-rate of 6 per cent ner annum from date, anit
which said mortgage conveyed unto plaintiff
the following described real property situate
in Benton county, Oregon, to-wit:
The southwest quarter and the west half
of the southeast quarter of section 5, town
ship 15 south, range 5 west; also beginning
at the southwest corner of section 5, town
ship 15 south, range 5 west, and running
thence south to the county line between Ben.
ton and Lane county, in the state of Oregon,
meuue east aiong tno said county line to a
point south of the southeast corner of the
west half of the southeast quarter of said
cet.-i.iuii u, menre nortn to said southeast cor
ner of the said west half of the southeast
quarter of said section 5. and rnnnine then
west along the south line of said section 5
to tne piace or Deginning; also beginning at
the southwest corner of the donation land
claim of Robert Boyd, being claim No. 44
m township 15 south, range 5 west, and
running thence north along the west line of
fiaid Boyd claim to the center of the county
road as now traveled, thence north 82 de
grees 30 minutes west 4.10 chains along
said center of road, thence west along the
center of said road 10 chains, thence south
4.1 degrees 15 minutes west along the cen
ter of said road 16.30 chains to a point on
the west line of said section 5, township 15
south, range 5 west, thence south to the
southwest corner of the northwest quarter
of said section 5, thence east to the place of
beginning, excepting from last described
tract a certain tract of land containing about
10 acres deeded by George A. Houck and
wife to Charles Clem by deed dated April 8
1898, and recorded in Book "W" at page
491 thereof, records of deeds for Benton
county, Oregon ; and a further decree barring
and foreclosing you, the said defendants, of
and from all right, title and interest in and
to said real property and every part thereof
..u.o ouuimuus is puDiisnea by order of
the Hon. Virgil E. Waiters, ' Judgo of the
county court of the state of Oregon, made at
chambers February 10, 1905. . The date of
the first publication of this summons is Feb-
i.J ana ine aate or the .last pub
lication thereat is March 25, 1905
f J. F. YATES,' i
: ' , Attorney for Plaintiff.. f
H, S. PERNOT.
Physician & Surgeon
Office over postoffice. RfRirien.
Fifth and Jefferson streets. Hours 10 to
12a.m.,l to 4 p.m. Orders may be
eft at Graham & Wortham's drug etore
We all Wear Shoes!
Never bef 01 e hafe "we received such quantities
-.' . . . '..' . .. a: - . - . ' i
and qualities in foot wear as this
:ri.. i cm My':M'-''' t: v-;. V- ' I:'-'':-' '
SPRING
Tans Jferowns and
Low High; and
-4
Bu in all grades the very lowest price
for.ihe4 quality" of the shoe. Our efforts,.
: .vlQbe great to increase our shoe " sales.
- - hbes for all Ladies," Misses, Children'
- r 'tMens, Boys and Little Gents. Don't
" ." ' .' :' ' .-. ."; '.- ', :' ' :. .'.- ' ...'. t .......
iorget our Shoe Department. (
3 Free Bat. . - .
Free Bat. -
Leading Hotel in Oorvallis. Recently opened. New:
brick building. "Newly furnished, with modern con-;
veniences. ; Furnace Heat, Electric Lights, Fire Es-
capes. Hot and cold water on every floor. Tine single;
rooms. Elegant suites. Leading house m the Willam
ette Valley. ;- -
Bates: $1.00, $1,25 and $2.00 per day.
Graham & Wells Pharmacy
That's the Place
HEALTH
Is largly dependent upon The ;
i . Teeth. Give them proper
care and attention, you will v
SAVE DOCTOR BILLS
We have a full lirie of tooth
brushes, tooth .washes I and
tooth powders......................
That's the Place
Graham &WelIs Pharmacy
BIack
Medium cuts
Prides High, Medium and Low
vFineJLiht Sample Roamt-M
J. C Hammel, Prop.
THE BANK' ROBBERY
STJPECTED ROBBERS OF THE
- i LEBANON BANK AR
RESTED.
i
Dstailed Movements of the Gang
J; F. KiDgsley Ib' the Suppos
ed Leader of Bmk Robbers.
r - .
. With the Lebanon bank robbers
in Xwo carriages, racing against
time to catch the sQU'h-bound train
Sheriff R. L. White, Deputy Dis
trict Attorney Gail " - S. : Hill and
Special Deputy Sheriff Frank F.
Toejres of Albany, this morning de
feated an attempt to prevent bring
ing the prisoners to trial, and have
them now behind the bars of the
Linhxjonntyjailj . .
-Yesterday a writ of . habeas cor
puawaa eued out by Ditchburn : &
atts in Watts' name, who en
deavored to secure the ; release of J.
A. Crossly, alia3 Jim v Reynolds;
one of the : robbefs,'vbui? Presiding
Judge George dismissed-- the, writ
and remanded Crossly to the custo
dy of the sberiff. . ; ; - ;
Another attempt to, defeat bring
ing Crossly and the olher. suspect
ed persons to trial was feared, and
to forestall the Portland attorneys,
arrajsgements were made, to hurry
the prisoners to Albany. ' ', Sheriff
White and the other officers arrived
on the early train this . morning,
catifages were ordered to the jail
and the drivers were instructed to
drivp - at high speed to-the east side
station. , Just as the oonductor was
calling . Ail aboard,'? the carriages
dastd up to the curb and- the par-
tv horned anto tne cars. s ; ,V r -
. FaUt snspected persons were tar-.
en toa.lpany J i A. rossjy,M.r
ana irsi uanne ana . . u.
He ridryx, Mrs. - Dunne's father
Crossly and . D uh;ne- are-sJa irectly
ing of the bank: Mrs. Dunne is
held on the suspicion 6t being ac
cessory, and Hendryx has been add
ed to the liet originally given out
by the officers.
Ihe Albany men came here on
the early train this morning, Toevs
who is city editor of the Herald of
that itown, as a deputy sheriff. Se
crecy was observed in the move
ments of the officers.
John Ditchburn and John F.
Watts, attorneys, who yesterday
swore out the writ of habeas corpus
had not been retained by Crossly
as counsel, but had sworn out the
writ at their own instance, as was
ascertained in the proceeding s in
court. Judge George dismissed the
wait, remanding CroB6ly to the cus
tody of the sheriff, who showed a
warrant . of arrest from - Justice
Reid's court charging Crossly, Dun
ne and Hendryx with robbing the
Lebanon bank.
Judge George ordered that ro
one hold communioation with the
prisoners, excepting when
ted to 'do so by the court.
permit-
by the coun. Watts
several times attempted to talk
with Crossly, and finally was forci
bly prevented by Deputy Sheriff
Cordano. -
Watts arose and with some heat
stated that be had been subjected
to an outrage by the deputy. ,
"This officer," he said, "has just
told me that if I did. not stop talk
ing with the prisoner he would
knrck my block off.'"
, The, cruel threat, and Watts''
word caused merriment. After si
lencing the excited attorney, the
jndge. granted Crossly an opportun-'
lty to talk with the two lawyers in
the hearing of the court in the lat
ter s private office. Watts and
Ditchburn then withdrew fr6m the
case, and got back part of the costs
of the proceedings. V -
All the evidence collected here
was placed in the hands of the Al
bany officers the money taken
from Crossly, which is battered as
though it had been in a bank vault
when the dynamite was : exploded,
together with their weapons and
burglar's tools.
The movements of the suspected
men during the past six weeks have
been known.- They have not been
free from espionage since about Jan
uary 1, and, now that they are in
cuetsdy charged with' the specific
act of breaking into the Lebanon
bank, the officers believe that thej'
have abundant facts to prove their
case. A Pinkerton man traced
them from the very " doors . of - the
robbed bank to their rendezvous in
Portland, while the sheriff's depu
ties here procured knowledge of evj
reached
THE WIFE BEATERS.
And Their New PttnisTiment Sheriffs
Office has Visions of First
Offender.
Over at the sheriffs office there
is some speculation over the things
that may develop in that vicinity
as a result ot the law requiring
wife beaters to be whipped. The
office has good . reason to believe
that wife beating is going on in
this town to a limited extent. The
new law makes it encumbent on
the sheriff to administer 20 lashes
to the husband, in case ..of a " con
viction. In case the wifecomes out
victorious in the family scrimmage,
mere is no provision lor ner to .-De
led to the whipping post. There
are several husbands in town, ,'iyha
are said to show visible signs,occas
ionally that their wives have the
mnstery. .. ;"
The new law provides for the
whipping to- be done inside the
county jail. '.' It used to be done
publicly. - The convicted prisoner
was tied to. the post, and stripped
to the waist. ? The officer applied
vigorously a whip having a number
of crackers. The swish of thecatwas
frequently foUowed by bleeding back
for the prisoner. In the new law
there is provision for jurisdiction,
not only for circuit courts, buf for
justices of the peace. The first
penalty under, the new law will un
doubtedly be attended with extreme
interest. '
; Next Wednesday.
You are wanted at .-the Martha
.Washihgton Tea .next Wednesday
eve rrom 5 to .0 clock,-' in the par
lor of; the First Methodist Church,'
e rom to 6 a splendid ., program
wfflbeyreridered in the e!iurch,:pro-
ner.-' No fb arp-ft to Tifar -nroora tn.
the place, date and, hours. Every
one invited to wear Washington
costumes if they so desire.
TVT Our patieDts are
W .111 best advertisements
our
Every pair of glasses
fitted by us sells others
We wa-t to add you to
our chain
be
To fit vou is to fit your
fiends in the future
NNN MATTHEWS the Optician
r r r t , -kt.i tw
Referees Sale of Land.
Notice is hereby given thit under and by vir
tue af a decree of the Circuit Court ol the State
of Oregon lor Benton county, made the aotn
day of November, 1904, In a suit In equity then
pending iu said court, wherein T. W.B.Smith
and Nancy 3. Smith were the plaintiffs and John
W. MoBee, Maud Giubba and Thaa deus Grubbs
were thelef end ants, appointing the undersign
ed Referee to sell the hereinafter described real
property, and directing the sale ofsaid property
as such referee I will on Saturday the 18th day
of March 1905, at the hour of two o,clock In the
afternoon of said day, at the front door of the
county court house in the city of Corvallis Bea
ton county, state of Oregon, sell at public auc
tion to the highest bio der for cash In hand all
of the following described real property tow it:
Lots five, eleven and twelve of section six, town
ship thirteen soutn, range four west and lot
nine In section one, township thirteen- south,
range five west containing 113.31 acres and be
ing the same land patented by tba United
States government to the heirs at law of Thom
as Mcliee, deceased; also the southwest quarter
the south half of the'.nonhwest quarter and lots
two, three, six and seven of section one,
and lots two, three, four and five in Sec. 2 in
township 13 south, ranee five west, containing
320.63 acres,. and being the donation land claim
of the heirs at law of William McBee. deceased,
and Elizabeth McBee, widow. Not, No. 4757. All
iu Benton County, Oregon.
"Said sale will be made in the manner required
by law for the sale of real property on execution
-uatea mis reDruary la, iwo-
M. p. i5ui nett, iteieree.
W. E. YATES,
The ;.'::;:-7.';;
Lawyer
Corvallis, Oregon.
Both Phones.
P.A.KLINE
LIVESTOCK AUCTIONEER
0orwaIHs
Office at Huston's Hardware Stare. P.
O. Address, Box ir.
' Pays highest prices for all kinds of
Live Stock. Satisfaction guaranteed.
Twenty years experience. .
C. H. Newth,
. Physician and Surgeon
Philomath, Oregon.'
H 2 cedar shingles. at
thousand.. E. W, Strong,
$1.50 per
J2I-tf
ery movement af'.er .they
Portland. ,
"INNOCENT MITCHELL"
WHAT NEW YORK PAPERS
SAY ABOUT THE REV- V .
ELATIONS. . r- i ;-i
Questions Now Asked About Mitch- -ell
Jeer at . His .Protestations
His Injunction, "Burn
This Letter," and His
-. Innocence No Long- '
ej Discussed.
Washington, Feb. 14. The New
York World-today, prints the fol
lowing editorial heaedd. ''The In
nocent Mitchell:" . '"
"It was not many weeks ago that '
the indictad ' Senator -Mitchell, of
Oregon, with tears streaming from
his eyes, ' defended himself before
the United $tates Senate on charg
es made by the federal grand jury.
It seemed impossible for any human .
being to ba more innocent than ;
Mitchell appeared to be while he;
was delivering - this apostrophe to '
his own guiltlessness. 1 Now a
ruthless government has made pub
lic a letter written by .Mitchell to
his law partner,- Judge Tanner, in
which the senator practically m-
etructed Tanner how to testify be
fore the grand jury. These illum
inating postscripts were attached
to this bit of correspondence:
; P. S. Donrt show , Harry this
letter, or tell him anything in it.
Don't let him see our books. Tell
him nothing.
P. S. Keep all important pa
pers in e afe; -jd, ;T3af e and office
carefully locked; 4a these scoundrels
will get in if possibla. , . f ,
P. S. BUfiN THIS without fail.
V' "-The 'scoundrels' too evidently
got in." - Will Mitchell , be able to
keep out?".
Ihe NewJ York Evening Post
saya editorially: ..
in nis lone public career has en
joyed a number of opportunities of
exonerating himself, is now facing
another. His law partner has turn
ed state's evidence. One . of the
documents upon which Mitchell re
lied for defense was an agreement,
presumably signed March 5, 1901,
by which Mitchell was to share
none of the returns from the land
office business of the firm. This
compact according to the confes
sion of Tanner, was not signed un
til December, after Mitchell's name
had already been involved in the
land scandals. There is also a
lengthy and interesting letter in
which Mitchell states to Tanner
'facts' as Mitchell wishesthem t
be understood, and as Mitchell
hopes Tanner will remember them.
"This epistle, like others famous
in political history, contains sever
al postscripts the last one, 'Buri
this, without fail.' Mitchell i
simply under indictment; he has
not yet been tried and convicted.
However pained he may be by these
various disclosures, he can hardly
be surprised that his tearful protes
totions of innocence are received
with jeers."
. The Washington Times today
.rints the following editorial wMcii
accurately reflects public sentiment
at the national capital:
"Congressman Williamson, of
Oregon, is the latest to join the ar
my of distinguished indicted. Mr.
Williamson has paid to the circum
stances the deference of retiring
from his accustomed seat. This i
a wholy proper move, and Repre
sentative Htruaann, of the. same
state, would be benefited were some
good friend to impress this truth
upon him. The fact that a man i
indicted does not argue that he is
guilty, but that his demonstration
of the fact of innocence is due and
seemly. Until this has resulted,
the role of modesty is mcst becom
ing. There have been immense land
frauds. .The names of senators and
representatives have been mixed
up in these. . It would be a sadden
ing revelation that any in public
office had been so untrue to the peo
ple, but, if there is guilt, the de
mand is that it be pointed out and
nobody spared. Meanwhile the
verdict be withheld. But mean
while also, Ihe persons accused will
excite reprobation if they insist up
on ignoring the indictment return
ed against them and treating the
matter as though nobody cared." .
Wood Choppers
- Wanted at once. 200 cords of fir
wood to cut. P. A. Kline