The Corvallis times. (Corvallis, Or.) 1888-1909, March 04, 1905, Image 1

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    Vol. XVIII.-No. 1.
B.F. TKTTint Fditor.
and Proprietor
In the circuit court of the stats o Ore
gon, for Benton county.
ueorge A. Houck, plaintiff, vs. ueorge
Schafer and Annie Scbafer, Edward Donat
and Agnes Donat, defendants.
To. Edward Donat and Agnes uonat, ae
fendantK above named :
In the name of the state of Oregon, 70a
-and each of you are hereby summoned and
required to appear and answer the com
plaint of the piaintirl in the above entitled
suit, now on file with the clerk of the above
entitled court, cn or before the last day of
the time prescribed in the order for publi
cation of this summons, made by the county
judge of Benton county, state of Oregon
(being the county where the above entitled
suit is pending in the circuit court of said
county and state), which said order is here
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
thereof the plaintiff will apply to the above
entitled court for the relief demanded in
said complaint, namely : for a decree or said
circuit court declaring and decreeing that
.there is due irom the defendants, George
Schafer, Annie Schafer, Edward Donat and
Agnes Donat, to plaintiff, upon said promis
sory notes and said mortgage in said com
plaint described, the sum of $4,760 in gold
coin of the United States, together with in
terest thereon at the rate of 6 per centum
per annum from September 16, 1903, until
the date of said decree; and further decree
ing that $450 is a reasonable sum to be al
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 property, to-
, wit: The east half of the southeast quarter
of section 5; the west half of the southwest
quarter, the northeast quarter of the south
west quarter, the northwest quarter of the
southeast quarter, the southwest quarter of
he northeast quarter, and the south half of
the northwest quarter of section 4, all of
the foregoing being in township 15 south,
range 5 west. Also beginning at the south
east corner of the northeast quarter 01 sec
tion 5, township .15 south, range 5 west, and
run thence west 15.25 chains, thence north
20 chains, thence east 15.25 chains, and
thence south 20 chains to the place of begin
ning, containing 80 1-2 acres, more or lesB,
ail of the foregoing being m Benton county, n
, -state 01 uregon, logemer witn an anu singu-
lar the tenements, hereditaments and appur
tenances thereunto belonging or in anywise
appertaining, for the full amount of said
44.760 and Interest as above, with $450 at
torney's tees, and the costs, disbursements
atrd expenses of this suit, and the sale ef
said real property ; that the above described
real property be sold in the manner . pro
vided by law lor the foreclosure of real estate-mortgages,
for gold coin of the United
States of America, by the sheriff of Benton
county, 'Oregon, and that the proceeds de
rived from such sale be applied, by the party
making such sale, as follows, to-wit : First,
to the payment of the eosts and expenses of
said sale ; -seeond, to the eosts and disburse
ments of this suit; third, to the payment te
plaintiff of the sum of $450 as a reasonable
attorney's fee herein ; fourtk, to the amount
found due ia 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. ef. said de
cree ; and, lastly, if any remainder there be,
to the. defendants, on demand, as-vtheir inter
ests may appear ; tkat all of the- defendants
be forever barred and foreclosed of .all
right, . title and interest ef, in ahd to said
real, property, and of all equity fcf redemp
tion therein, except only the statutory right
of redemption, and lor . such other, further
-and different rule", -order or relief as- to the
court may seem proper and eqaitaple in the
,'iDtH summons is puoiisnea in tae uorvat
3is -Times once a week 'ior six consecutive
weeks, beginning with, the issue of February
11, 1905, and .-ending with the issue of
March 25, '1905, 'Under and.ia pursuance of
tne. directions- contained m . order made
lyy the-Hca Virgil E. Watters, county judge
of Benton county, Oregon, dated B'ebruary
j.0, liWo. Date ot the first publication here
ot is JSruary 11, MVi.
i E. E. "WIUSON,
-5- .... . Attorney for Plaintiff.
-v -
In the circuit court of the state ef Ore
?on-for the countv of Benton. 1. -
George E. Chamberlain a--' pirsrwf of
Oregon, F. X. Buabar' as sei-eiary 01 state.
and Charles S. Moore as state treasurer of
the state of ' Oregin, constituting the state
land board, plaintiff, vs. H. M. Donat, Mary
Donat, Kobert w. Blaofc JkrH' Uearge A.
Houck, defendants. ... M
To H. M. Donat, Mary 2obert W.
Black and . George A. above
named defendants : ' "er
In the name of tne state 01 Oreeoa. you
and each of you are jby required to ap
' pear and aasweitilaffplaiat of the above
- namea piainurre rrrv pove- entitled ' conrt,
now on file ma Ahe vwrk of said' court,
within six weekVrom the date, of the first
publication of tMs summoas, and you are
hereby notified, floaty if you fail to app
ana answer, said, oempiaint- as heresy re
quired, the plaintiff will apply to the court
lor, tne :reiiet prayed tar in said complaint,
to-wit : -the- -foreclosure ;of a certain - mort
gage made and execute by H. M. Dosat.
Mary Donat and Robert W. Black-to. ptaia-
iin on tne 2nd oay 01 uctooer, laws;, to se
cure the payment of a certain .OTonjisaory
note of said H. M. Donat, Mary Dsnat and
Robert W-, Black for $21000, payable one
year after date, with interest thereon at the
rate of 6 per cent per annum from date, and
which said mortgage conveyed unto plaintiff
the following described real property situate
m Benton county,. Oregon, to-wit t - - -
The southwest quarter and the west half
of the southeast quarter of section 5, town
ship 15 south, range 5 west; also beginnin.
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'.JLane county, in' the state of Oregon,
thence east along the said 'County line to
point south of the southeast corner of the
west half of the southeast quarter of said
section t, tnence north to atd southeast cor
ner of the said west half, of the southeast
quarter of said section 5, and running thence
west aiong tne south line ot said section o
to the, place of beginning; also beginning at
the southwest corner of the donation land
claim of Robert Boyd, being claim No. 44,
in township 15 south, range 5 west, and
running -thence north along th west line of
said 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 o road; thence west along the
center of said road 10 chains, thence south
43 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
ot 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.
This summons is published by order of
the Hon. Virgil E. Watters, judge 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
ruary 11, 1905, and the date of the last pub
lication thereof is March 25, 1905.
-. :-: - - ; J. F. YATES,
. " Attorney Vor Plaintiff.
We all Wear Shoes!
Never befoie have we received such quantities
and qualities in foot wear as this
Tans, Browns and. Black
Low High and Medium cuts
Prices High, Medium and Low
But in all grades the very lowest price
for the quality of the shoe. Our efforts
will be great to increase our shoe sales.
Shoes for all Ladies, Misses, Children,
Mens, Boys and Little Gents. Don't
forget our Shoe Department. -.. -
Russian Army in a Tight Place
fit May Be Crushed Military
Experts in St. Petersburg
Deliberate on Ordering
a Retreat to Harbin
-3 St. Petersburg, via the frontier,
fully have stated that death was
wholly caused by the inhalation of
chloroform was not found bychem
ical tests. . ' "...
"The committee ie satisfied after
a review of all the evidence, ' that
Rice died from old age,- weak heart,
etc., or, in other words, ; from the
conditions embraced in Dr. Walker
Curry's certificate of death, and on
which the authorities allowed the
cody to be cremated. ' It is also the
opinion of the committee that no
chloroform was ever administered
to Rice by Jones, as stated by him,
because it would have been impes
tible not to have detected the odor
of chloroform, either in the room
occupied by the deceased or on the
1 hndv. aa the amount of chloroform
March 2. Officials circles at the(empioyej) BS alleged, would have
Russian capital have been seized saturated he beard of the deceased
wnn great uiarm, uwmg iu iuc urn- an(i retained the odor tor . many
Free Bus.
Fine Light Sample Rooms.
. .Hotel
J. C Hammel, Prop.
Leading Hotel in Corvallis. : 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. . Fine single
rooms. ";; Elegant suites. Leading house in the Willam
ette Valley. '
Rates: $1.00, $1.25 and $2.00 per day. v " ,
English Walnut Trees. 1
We are special growers. Have the best of soft shell and
hardy variety that come into bearing at - an early ao pro
duce annually, and abundantly . Big money is made in wal
nut orchard. They are a poor mans chance and are cheap
ly haryested.,4 rchards in good bearing give returns of sev
eral hundred 'dofiafs per aero. We give this special study.
Write for free descriptive catalogue which treats on walnut
culture Contains valuable information., .
inous Dews from the Far East, and
a conference has been held of the
military experts, who discussed the
Japanese movement and debated at
length what action the Russian gov
ernment Bbould take at the present
time to uphold General Kuropat
kin. V
- It is felt that the Japanese have
him in a very precarious position
and one in which it may be neces
sary for him again to order, a gen
eral retreat. It is recognized that
the Japanese movement at this time
is prompted by a desire to crush
General Kuropatkin in the belief
that a Russian defeat at this time
would compel the czar to sue for
peace because of internal conditions
in Kussia.
Facing this fact, the Russian
military experts feel that General
Kuropatkin should goto any length
to maintain his positions, tor tne
present at least. Failing in this,
however, there is a growing belief
that the Russian forces ehould
abandoned Mukden and retreat to
to Harbin, taking poEseesion of the
well-nigh- impregnable fortifica
tions that have been bnilt . there.
While this would mean the aband
onment of all Manchuria -to the
Japanese, the Russians could retain
all the territory beyond tnat point
ad .wQulcLRlsg.b9, jable, Jtp preyent
the Japanese from taking Vladivos
tok. - . ' ' .
It is reported that at . the confer
ence one of those present, who is
recognized as one of Russia's ablest
military expert?, declared that mat
ters had so far progressed that, the
Japanese would probably be able
to take " Mukden, no mattM now
good a defense General Kuropatkin
put up.. He is Eaid to have pointed
out the superiority of the Japanese
artillery: their greater numerical
Btrength, and to have stated that
in his opinion it would be better
for RuEsia to abandon all of Man
churia to the Japanese without
much more than a perfunctory re
eistance, rather than to lose saveral
thousand men and then to be obhg
ed to surrender it anyhow. ,
- He is said to have . pointed out
that, were the Russians to retire to
Harbin, a good excuse cculd be giv
en for the movement, but, were
thev o wait until they were defeat
ed and compelled to retreat there.
they would be able to do nothing
and would likely bave . to accept
humiliating terms -of peace, and
then be compelled to face a revolu
tion at home.
This sentiment is eaid to have
met with the approval of many of
those present at the conference, but
it was finally decided to. wait and
see how the present movement was
likely to turn out. : -vy : ;
CMvaHls, Oregon, ' Both Phones,
Office at Huston's Hardware Store. P.
. O. Address.' Box n. - '
Fays highest prices for all kinds of
Live Stock. Satisfaction guaranteed.
Twenty years experience., " . , ,
C. H. Newth,
Physician and Surgeon
. . Philomath, Oregon.
) At Dunn- & Thatcher's.
Cracked coin
i Granulated shell
. Granulated bone
Crystal Grit
1.6 o per cwt.
I.60 '' .
1.75 - '
1.60 "
And we handle the very test poultry
and stock foods. '
Referees Sale of I,and.
Notice is hereby gtvan tint under and by vir
tue af a decree of the Circuit Court ol the State
of Oregon for Benton County, made the 3oth
day of November, 1901, la 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, Hand Grubbn and Triad deus Grubbs
were the defendants, appointing the undersign
ed Referee to sell the hereinafter described real
property, and directing the sale ofsald property
as such referee I will on Saturday the 18th day
of March 1906, at the hour ol two o,clock In - the
afternoon of said day, at the front door - ef the
county court house In the city of Corvallls Ben
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, towit:
Lots five, eleven and twelve of section six, town
ship thirteen south, range four west and lot
nine In section one, township thirteen south,
range live west containing 113.31 acres and be
ing the same land patented by tha United
States government to the heirs at law of Thom
as McBee, deceased; also the southwest quarter
the south halt of thejiorthwest quarter and lota
two, three, six and seven of section one,
and lots two, three, tour and five in Sec. 2 in
township 13 south, range five west, containing
320.63 acres, and being the donation land claim
of the heirs at law oi William McBee, deceased,
and Elizabeth McBee, widow. Not. No. SbSl. All
In Benton County, Oregon.
Said sale will be made In the manner required
by law tor the sale of real property on execution
Dated this February 18, 1803- ,
M. P. Burnett, Referee. .
Albany, N. Y., March 1. Anoth
er chapter wbb added today to the
famous Albert T. Patrick case when
David B. Hill appeared before the
court of appeals and argued , for
new trial in the case of the man
convicted of the murder of William
Marsh Bice, the Texas millionaire.
Mr. Hill used as the basis of his ar
gument'for a new trial the report
of the special committee of the
Medico-Legal society, appointed to
investigate the effects of the embalm
iDg before rigor mortis on conges
tion of the lungs, without withdraw
ing blood from the body. - The re
port was wholly in favor of the con
victed lawyer, every member of tne
committee signiag an "opinion that
Bice did not die from chloroform
poisoning, and that the condition
of his lungs wes entirely due to the
embalming process employed .by
the undertaker. In its report the
committee said, In part: v-
"It would be impossible for any
one to discriminate from the post
mortem' appearence . ' between the
eauee of death or as the result of
the embalming process, as stated in
the evidence. No one could truth
hours." -
It is coD&dently believed that on
the etrength of this report the court
of appeals will grant a new trial to
Patrick. In this event it is consid
ered probable that Patrick, who
has been in the death house at Sing
Sing for nearly five years, will eith
er be acquitted as was Roland Mo
lineaux under similar circumetan
cea, or that there will be a mistrial
as in the case of Dr. Kennedy and
that the prosecution will then dis
miss the case.
The Patrick case is one of the
most famous in the annals of the
New York courts. William Marsh
Bice, an eccentric millionaire, died
at his home in Madison avenue,
New York City, on September 23,
I900. On the day before his death
he ate inordinately of bananas, and
according to his physician, he was
taken ill with indigestion the ' next
day and died the day following
Albert T. Patrick was a .lawyer,
practicing his profession. He took
charge of the millionaire's affairs at
toe solicitation of the tatter's wife,
had an undertaker embalm the
body and fix the day for the funer
al. Between the hour of Rice's
death and the day of the funeral
several suspicious things bad bap
pened. Several checks had been
presented at tb6Lbanki.for .certihca
tion They were all signed by the
dead man, and were payable to the
order of Albert i. Patrick. Jhe
banks frankly admitted that the
checks appeared to be good. But
as the checks were for large amounts
an investigation was started, and
the net began to gather about the
lawyer, Patrick. :-r
000, was bequeathed to him.
Then it trace fired that there was
another Will in existence, dated
four -years earlier, in which the
bulk of the estate was left to the
proposed William Marsh rice insti
tution at Houston, Texas.' Groping
iu the dark, the polica arrested
Jones on suspicion, and then came
the first sensation. Under the
questioning of the police, Jones
made the ttartline confession that
Bice bad been murdered by Pat
rick. Though be was in an adjoin
ing apartment, Jones eaid he had
not actively participated in the
crime. Patrick had formed a plot
to have the millionaire leave him
his property by will and found
necessary to take the' old man
life to prevent the revocation of the
document. A cone, saturated with
chloroform had been placed over
the old man's face while he slept
and death had been accomplished
according to the valet s conlesston
Patrick s arrest followed imme
diately. " He remained cool and as
sorted bis innocerca. 1 be second
sreit confession came on the second
day of the hearing, when Jones, af
ter passiDsr a sleepless night in the
Tombs, went upon the stand and
confessed that he, and not Patrick
had killed, the aged millionaire,
With circumstantial detail, he
related cold-bloodedly how he had
fed the millionaire poison, and fin
ally placed the cone over his face
all at the instigation of Lawyer
Patrick. . Patrick was convicted
and a motion for a new trial having
been denied, sentence of death was
im osed upon him. About two
years ago he succeeded in getting
new trial, which likewise resulted
in a verdict of guilty. Since that
time he has remained in the death
house at Sing Sing, spending all of
his time in the study of , medicine
with a view to fortifying himself
with knowledge to prove that death
could not have come to the million
aire in the manner alleged without
leaving traces other than those of
fered in evidence at his trial. '
CorvalHs Company has Bought Alsea
Line and is BaUding From Philo- ' -'
; math to Close Gap.
Things are doing . in the tele-
phone business in Alsea. A scramble ,
for the business of - that valley - is
on between the Bell and Independ- v
ent people.' The .Independent
people have purchased the line be
tween Alsea and the Benton County .
Lumber Company's mill, which
has heretofore served as the means ,
for the Bell people to reach Aleea.
Yesterday morning a construction
gang began building a line for the
Independents from Philomath to a
connection with, the Alsea line at
the mill, giving them a through
line from Corvallis to Alsea. In
Alsea there are several small tele
phone companies, in - which the
farmers of the valley are the stock
holders. The Independents as well
as the Bell. people are seeking con
nections with these farmers lines.'
The Independents have had a man
in the valley in their interest, and
day or to ago, Mr. Davis of Port-'
and went over to represent the
Bell people. Tonight there is to
be a meeting of the stockholders of
the small Alsea companies for el
ection of new officers, and it is ex- -
pected that something with refer- ,
ence to future connections will de
The Corvallis company will have .
the gap from Philomath to the
Benton County mill -closed by next
Thursday, and then Corvallis will
be in connection .with Alsea for the
first time by the Independent sys
tem.' :
CompresEei Yeast can be had at
Homing's. It saves much time
and lador, - ,
, Dry Fir Wood
At $3.50 per cord. Orders solicited
for grub oak for summer delivery.
. Frank Francisco, ."
Wheat valley ; 8j , . -Flour
4'to to $4.25per MI. J"
Potatoes $ ,75 to 80 per : cent
Eggs Oregon, 16 : 17 per doz.
Butter 14 c to per lb.
Creamery 27 to 3 2 per lb.
Wheat 80 per bushel.
Oats 40
Flour 1. 10 to 1. 25 per sack :
Butter 50 per roll , :
Creamery 70 per roll
Eggs 15 per doz
Chickens 15 per pound ' ;
Lard 12 per lb .
For Sale. ,
Real estate, farm and city property ior
sale, exchange or rent. No sales means
no commission to be paid.- Your pat
ronage kindly solicited. Help furnish
ed and positions secured. ' , ,
H M. Stone,
; South Main street, Corvallis.
A Word to the Wise
: Oak wood is getting higher in price
and farther from town every year. Or--,
der now for summer delivery. 200 cords -,
now partly sawed stove lengths, ia cords
seasoned woodl , " .,
2200 pounds vetch seed.
3000 pounds clover, red and white,
alfalfa. " ' ; .
'.Alsike, timothy, orchard .and rye
grass, speltz, rape, all fresh seeds. A
Also a line of garden eeeds. Order now
before the spring rush.
Tread power, silo, elevator and cutter,-'-,
Poland Cbna hogs.- ,
Yours for Business.,
Telephone 155. v I L. Brooks. $
Work Wanted. - '
By boys at the college. Spading
in gardens or other work about
town solicited for students. Apply
to the College Y. M. C. A.
St. Petersburg, March 2. While
several reports have been received
as to the progress of the fighting in
Manchuria, nothing had been giv
en out until a late hour last night
bv the general staff. The fighting ;
before Mukden continues to be gen
eral and the entire line is involved, ,
the Japanese apparently making. a
desperate attempt to pierce the
Russian -; position. The enemy
throughout Wednesday concentrat
eba tremendous fire with field and.
siege artillery upon Poutiloff Hill. .
The bombardment was , 60 fierce
that the entire hilt, was enveloped'
in smoke and the casualties were
large, but the Russian . artillery fi? e 1
in return was fully" as effective, .r