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About The Corvallis times. (Corvallis, Or.) 1888-1909 | View Entire Issue (April 22, 1905)
Vol. XVIII.-No. 1.
CORVALIJS, OREGON. APRIL 22. 1905.
. B. F. IKVlTTie RUtoIt -
ana Proprietor ..
We all Wear Shoes!
Never befoie have , we received sh -quantities
and qualities in foot wear as this, ;i v. "
Tans, Browns and Black ' -.
- Low High and Medium cuts
. Prices High, -Medium and L,ow
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, .
. v Mens, Boys and Little Gents. - Don't -,
forget our Shoe Department. : - - ..
PLEA FULLY ABGUED
COURT WILL ANNOUNCE ITS
DECISION ON ABATEMENT
- PLEA NEXT MONDAY.
? 7-rviz&i-jKrs n& 7
Fine Light Sample Rooms. 2s
Hotel ' 8
J. C. Bammel, Prop.
Leading Hotel in Oorvallis. Recently opened, ' Newsz
f " 1 1 T 1 'KT T r 1 J : " Al. 3 ''
1 DDCK nniiaing. iNewiy iurmsneu, wiia uiuutsm uuu- 5.;
veniences. Furnace Heat, Electric Lights, Fire Es-
capes. Hot and cold water on every4floor. Fine single j
rooms. Elegant suites. Leading house in the Wilkin- fe
ette Valley. ; "
Rates: $1 .00, $1.25 and $2.00 per day. 8
For Bicycles, Ammun
ition, Fishing Tackle,
Sporting Goods, Etc.
J K Berry Salesman
The Right Prices. ? ' AU Fresh Goods.
Two Doors South of the Post Office.
: . BRICK STABLE
WEDNESDAY APRIL 26, 1905.
Technicality of Djfeos&r-It Causes
District Attgtfey Heney to Re-
. mark Upon tha Gontention x
- , t and Causes Bennett to -S.
' s Becbmfi Sarcaetlc. i
' Portland, April -l&.The-' second
day of argumrtit ?in?-the ; Jditcbell
abatement Sproteedus: Vlias been
ended and the'queetioirijas gone to
Judge Bellinger for- hia t decision,
which wiu.be announced npod- the
opening of court on .Monday 'next.
At the opening of the morning
session United - States Dietrlct " At
torney Heney asked permission to
introduces citations which -he had
ovei looked the day before in sup
port of his contention tkat the pleas
in- abatement had been filed too late
to be of effect." Tbe permission was
Riven, and he cited the Cobban case,
by Judge Deady, and the Agnews
case in 165 United StateB to main
tain his point.. Ha showed that by
these decisions he stood on solid
ground, as in the latter case it- had
been held tbat a plea niei m six
day& after tbe return of the indict
ment-had been filed at too late a
date and the plea should not be en
Attorney Bennett in beginning
his argument, like O day m tbe Tu
ter-Watson case, preracetHn re
marks by a quotation, 'find ' inter
spersed them with sarcasm. '
Consistency thou ait a iewel,"
he stated at farst breath, rlne oth
er day Mr. Heney obj?ctPd to the
filing of these pleas in abatement
on the grtaind that they had- bae
words are hardly cold la Mb mouth
he is objecting 'because we did not
file them betore we were arraigned."
The speaker then proceeded to ar
gue his side of the plea of abate
ment, and occupied the whole of!
the lorenoon in discussing the ques
tions at issue. He insisted that Mr.
Heney had failed to produce the
promised t-tatutes governing the
procedure in federal courts in the
matter of pleas in abatement, es
pecially as regarded the offering of
affidttvita, as was done the day pre
vious by, the . government attorney
in regard to tbe citizenship of Geo.
Giustin and the prejudice of him
self towards the defendants. Ben
nett insisted that since a great part
of the old settlers of the state had
come from Missouri their descend-
ents were bred of their disposition
and would like to be shown, rather
than to take the word of any one
for a thing so serious in effect as
the produetlon 01 nonproduction of
the statutes desired.
Senator Mitchell's attorney ar
gued that the common law . and
not the statutes of a state governed
the selection of a jury, by federal
courts, ine common Jaw recog
nized the plea of abatement as the
proper means of testing the legality
of a grand jury and upon this fact
the defense based in part its claim
The defendant, argued Bennett,
had the right to a trial by jury on
the questions of fact as raised by
the plea. The irregularity alleged
in the creation of the grand lurv
brought out questions of fact, and
therefore-the defense claimed the
right to try the case by jury, and
not before the court alone.
It was- also contended by the
speaker that the court hsd ho right
to allow reebles and Buffum to bs
sworn on the jury after that body
had been impanneled and that this
act invalidated the action of the ju
ry. : ' ,
In the afternoon H. S. Wilson
resumed the argument for. the de:
tense stating to the court tbat he
was appearing for Marion R. Biggs,
and Dr. Van Geener. Insomuch as
there was a slight difference in the
plea of abatement filed by 'him for
his clients he wished to speak on
the plea. His plea differed in that
there was no allegation or bias or
prejudice against the descendants on
the part of the district attorney. .
Wilson held it to be a fact well
known that the state practice did
nbt authorize a change, in the panel
of a jury after that paiiel had been
sworn,: except it Jse tar tbe serious
sickness of, a member or for - seme
pose ., it was bi3 opinion that if the
law ajlowed such . a change to be
made, the court ciold call men to
serve on the, jury "after the excuse
o certain members until the" jury
could be influenced to bringany. in
dictment desired by the prosecuting
officers. . It was a rule of law that
those' things which might be of bad
effeet ' and dangerous should be"
It was also arguea by ...Wilson
that niiless there was especial pow
er cocierred upon .the-court to
charge a iuror the court, must abide
by the statutes and could not alter
or change unless they authorized it
so to do.
Citation ' was shown in a case
where what was reecgoized to be a
good jqry in regard to the individ
ual qualifications of the jurors was
invalidated for tbe reason that men
had been added to the. panel subse
quent to the. time the irEt ' jurors
MAY Ml WITH FRAME
JAPAN PROTESTS -7 AGAINST
- VIOLATION OF HER NEU-"
TRALITY BY". RUSSIA.'- "
Russian Fleet ; Must Either Leave
Kamranh Bay ,-. Fight, the i'
. Battle in Harbor War ; '
. -. With Frajace Means -British
v Aid to
- i " Japan.- s - - .
' Tokio. Anril if). rJanan is - nnn
templating declaring war on France squad of police
and calling on: Great n Britain i for
wild Jnimals, Bud rons a stores in
Greenwich - etrest. The huge on-'
rang-outang which stands four feet
six inches in height and weighs 110.
pounds, is one ofa consignment re- ,
centlyreceivefl f?oal India. Keia
forcements in the shape ;of three'
men at the end'9 of a fierce etrugg e
saved the girl from being 'injured,
aside from scratches on her hands.
The ape acted mostly on' the de-.
fensive while seeking freedom, as
long as the girl was his only adver-
sary, but when : the - men appeared
he turned savagely upon them .- and
hit one eo Tjadly- that bis hand may
have to be amputated BafQre the
ape surrendered he was badly beat'
en with clubs,, and was carried
I back to bis cage in a condition sug
'ire?tins an. arcument with p.n Bntire
support. ' This action follows the
sending -Jof a formal protest to
were sworn. : The attorneys beldMfl against the useby the Rue
therefore, tbat the recent igrand ju-Tslaffffaltic fleet of Kamranh Bay
ry was juegai ana us acis voia ior
the reason that" Peebler and Buffum
bad been sworn after the body had
Whson further f argued that .it
was contrary to the notions of jus
tice prevailing for a man to be sent
into the state from another district
and here hold a quasi-judicial position.-
' . "
Heney followed WilEoa -with - his
answer to the arguments of both
Bennttt and Wilson: - ;
"It seems to me," concluded He
ney turning to Bennett and - speak
ing in the direction" where sat the
silent figure of Senator Mitchell,
"It seems to me that instead 1 of
wishing an earl j , trial and an . im
mediate one, as has been claimed
by some of the ' defendants here,
there is a great desire to try oat
qeestions of technicality rather than
either guilt or innocence of : tbe
charges brought under the indict
ments -" . '
'Hssey m, closing his argument
Relied ogAn illustration the case of
"It is required iq the statutes,;
he said, "tbat the governor shall re
side at the capital. There is no al
legation made that bis official acts
are invalidated because his family
remains in Portland or because Gov
ernor Chamberlain makes an occa
sional trip to Portland to visit them.
"We are willing to try : the case
of Giustin," continued Heney,"but
we want to try it before the court.
It Is absurd to think of trying such
a case before a jory. Such action
will be unjustifiable."
Bennett was allowed through the
courtesy of the court to answer He
ney on some points.
"The manner in which the jury
was impaneled was one ot . tbe
most serious' things in the case,"
continued Bennett. "The first two
men were excused and others were
put in their places contrary to the
statutes. Then another man. was
added which shows the body to have
been a smiting and variable one.
It seems, therefore, that if we are
entitled to trial on the validity of
jurors the delay should be taken.
as a rendezvous and the coupling
therewith of a statement that if
France refrained from acting Japan i
will send a neet of war : vessels . to
attack the Russians in the, shelter
of a neutral port. ',
-: A conference of Elders was held
last night at which the entire situ
ation was discussed. : Immediately
afterward the Mikado" was : notified
that the elders ' believed '' that the
time had come when France should
be forced to live up to her, declara
tions of neutrality, and the note of
protest Was drafted and forwarded.
It is felt here- that the situation
is extremely grave, and there is no
doubt that if Franca does not act
quickly the consequence will be far
reaching. . . -
A dispatch from - gazebo states
that a Japanese squadron is getting
in readiness there to Bail for Kam
ranh Bay and attack the Russians
there, while Admiral Togo contin
ues to bold the passage toward the
Pacific. ' . , ,
2i Is reported
witp ine- Russians, waicmng ior vi-
olaiions ot neutrality or the endang
ering of British and American ship
ping. : The belief is growing here
tbat the stay of the Russian fleet in
Kamranh Bay is prearranged.
that :u American
-Salem, Or., April 18. Governor
Chamberlain sides with the minor
ity of the United States supreme
court in the decision upon the ten-
hour labor law, and thinks tbat the
law should not have been held un
constitutional. After reading the
synopsis of the opinion of the court
and tbe dissenting opinion written
by Justice Holmes, Governor Cham
Ctrl in said:
:: "I do not think there is any es
cape from the opinion of Judge
Holmes. It haB always seemed to
me that the regulation of the hours
is a question which involved the
health of the state and its several
municipalities, and the question of
the adoption of laws for , the regula
tion of the hours of labor is one ov
er which tbe legislature had entire
power and authority.
Itought to be assumed that
the members elected to the legisla
ture have a more intimate knowl
edge upon questions involving the
healtn ot tnose engaged in every
vocation, an'd that, with such know!
edge, they jare. in a position to act
with more intelligence upon the
subject, than are the court?, state
of federal. ' To my mind, it seems
clear tbat the question is one for
the legislature, and not the courts.
London April 19. The British
public is now only beginning to re
alize now much depends on Togo s
skillful conduct of the approaching
naval contest. Until Vice-Admiral
Rojeetveneky actually arived in tbe
Straits of Mallacca there was a dis
position to ridicule the efforts of tbe
Russian squadron, but now that
there is s,een to be a growing likeli
hood of Vice-Admiral Nebogatoff
loining RoieetvenBky before the fa
tal struggle opens, Interest is deep
ening into anxiety.
According to the Toklo corres
pondent ot a news . agency, a mo
mentous war conference lasting five
hours was held there Wednesday,
attended by the elder statesmen, the
premier and ministers. It is not
difficult to conjecture the nature of
Tokio correspondents state that
Japan has addressed a protest to
France on the Russian Pacific
squadron's presence ia Mamranh j
Bay, but France has not yet repli
ed. The Telegraph's correspond
ent at Tokio declares tbat a Japan
ese fleet is ready to sail for Kam
The Telegraph's Hongkong cor
respondent states that two steamers
which passed close to Kamranh
Bay on Sunday report that no Rus
sian vessels were then, visible. No
news, . however, has yet reached
London to show tbat the Russians
have vlef t Kamranh Bay, andit is as
sumed that they are still there.
The Post, commenting on the sit
uation, contends that it is a matter
of importance, considering Great
Britain's worldwide naval interests,
to esdeavor to secure a more defi
nite agreement on the question of
the use of neutral waters by bellig
i o'.fcpr reason tasauainvmg " mm ior
service.: Tee coutt
to fha- r'
- " Broke into His Jlouse.
- S. LeQuinn of Cavendish, ; Vt;, wa
robbed of his customary health by-, inva'
sioij of chrotiic constipation. When Dr.
Kings New Life Pills broke into his
house,Jiis trouble was arrested and now
he's entirelv cured1. . They're guaranteed
to cure. 25c at Allen & Woodward' drug
Store, -x ' : ;
:i St. PeterB burg, : April 18. Per
haps the most romantic feature is
the fact that Mile. Leontieff convert
ed two nieceBLof Oovernor-General
1 Trepoff, Mile, Trepoff "and TMnceBtt v
Uemsheff, to the doctrine of assas- r.
sination, and that after the arrest of;
her Mentor,' Mile. Trepoff actually
attempted, the life of her uncln,
firing two shots at ; him, both of -which
missed.', Thereupon , the two
girls became pania stricken and at
tempted - suicide : Mile. Trepoff, -throwing
herself under a train- and
Princess Danisbeff shooting herself. ,
Neither cf them succeeded in .kill
ing herself. ;,The family has since " '
tried to make it appear - that the
girls' acts were the result of a mu
tual pact for self-destruction, both
being in love with the same man,
ao officer of the guards. ,
About 1 00 male and female stu
dents of the Conservatory of Music
who have bees connected with the:
agitation in favor of Rimsky Kor-
sakoff, who waB removed "from his
professorship in - the conservatory
because of his attitude toward the ;
striking students, have been arrest-v-
ed and sentenced to a month's .um-,
rrisonmsnt. . '"- ' i"
Bentoa ' Farmer Gives His Views on
Pending Public Matters.
As our much esteemed local has
but little to say of the political as
pect of our glorious commonwealth,
it is thought tbat a brief suggestion
as an item may not be amiss at
this season, when nature appears in
so gratifying an aspect. I would refer
to the Initiative and Referendum.
Who would have thought Oregon,
"my Oregon," would have risen to
the lofty height of granting this
boon to her people. Let us try it
when occasion seems to require it.
Let the people speak and r be satis
fied with their own verdict. Rep
resentative government is good, but
should never be used to defeat the
wishe3 of the majority of the peo
ple. ' I would call attention to
Chicago next, as sn example of
what a city ought to do. Also to
the prosecution of tbe trusts too
long neglected, Yours for true Jef- -fereonian
G. R. Hall.
Saves Two From Death. -
"Our little daughter had an Jfcjiost fa
tal attack of whooping cough and bron
chitis," writes Mrs.. K.. W. Hayiland, of
Armonk, N. Y., "but,, when all other
remedies failed, we saved her life with
Dr. King's New Discovery. Our niece,
who had consumption ; in an advanced
stage, also used this wonderful medicine
and today she ia perfectly well." Des
perate throat and lung diseases yield to
Dr. King's New Discovery as to no other
medicine on earth. Infallible for coughs
and colds. 50c and 51.00 bottles guar
anteed by Allen & Woodward. Trial
Moscow, April ,19. Kalieff, the
assassin ot Grand Duke bergius,
was tried here today. He was con
demned to death.
The public was not admitted to
the trial. The prisoner refused to
plead, declaring he was not in the
position' of a criminal before judges,
but was a prisoner taken iu a civil
war. ... ' v.: .:---'.;-i'. '.-"- '. ' -: -'
- Blocks for piers at Whitney's,
"Short" on Peruna but "Long"
on prunes. Italian prunes, 50-pound
boxes, $1.50. F. L. Miller.
Are you going to build?
about concrete blocks,
rock or brick. , - -'
. e than
-'' - For Sale. ..
Cigar clippings of onr own mannfact
nre, ' Rose & Son. m25 tf
y New York, ' April 18. Eighteen
year old Lillian Bartlss, ' for an
hour and a half lssi night fought; a
giant oorang-outangf which had es
caped from its ca?e. Her father.
S William Bartles, is an importer ot
Notice to Contractors.
Notice is hereby given that sealed bids
will be received by the Sewer Committee
until the 8th day of May at 12 o'clock
noon for the construction of a -sewer
through blocks 31 and 32 Avery's Third
addition to the city of Uorvallis accord,
ing-t the plans and specifications noti
on file in the office of police judge. A
certified check on a responsible bank
must Rcconipstny each bid."- -'"?
P; Averv, Alex Rennie, Bnxon,
- ' . Sewer Committee.