Morning Oregonian., August 01, 1902, Page 4, Image 4

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fHE MORKIKG OREGONIAN. FRIDAY, AUGUST 1. 1902.
FLINCH UNDER FIRE
Prison Guards Hid During
Tracy-Merrill Fight
SECRET AT LAST LEAKS OUT
Outbreak Hh Caused Many Changes
at the Penitentiary "With, a View
to Make It 3Iore Secure Force
of Guarus Increased.
SALEM, July 3L (Special.) It leaked
out today that -when the firing of guns In
the prison yard on the recent escape ol
Convicts Tracy and Merrill, called two
penitentiary officials to the wall on the
morning of the outbreak, they found two
of the wall guards hiding and making no
effort to discover what was going on In
side the yard. To shield the men from
public censure, the whole- matter has been
kept an official secret, but, like all good
stories, the facts liave gradually leaked
out, a little at a time. Prison officials
"when Interviewed about the matter today
were very reticent, but would not deny it.
Tne outbreak has already resulted in
several reforms. at the Stato Penitentiary,
and other changes in the way of improve
ment will be made in the Immediate fu
ture. Through the .changes that have al
ready been made the prison lias been
greitly strengthened and It would .now be
extremely difficult for .a similar escape to
be made. The most Important improve
ment needed cannot be effected, however,
until such, time as the Legislature shall
appropriate money for that purpose.
Better Guns for Guards.
One of the first acts on the part of the
prison management after the outbreak
was to arm the wall guards with 30-20
"Winchesters. While there is some ques
tion as to the efficiency of the riot guns
In the hands of the guards at the time of
the outbreak, it Is known that Guard Jay
McCornick; a crack shot, failed to hit
Merrill, though he had everything in his
own favor except the -weapon. The guards
are quite agreed that their old guns were
unreliable. The weapons complained of
ijave been discarded and the best rifles
procured to replace thciri. The night
guards are being armed with shotguns
loaded with buckshot, it being believed by
t" prison officials that accurate shoot
ing in the dark is impracticable with a
ride firing a single bullet.
The general public will doubtless be sur- ,
prised to learn that rifle practice had' not
been required of the prison guards for a I
leng time previous to the outbreak. One
or two guards were in the habit of prac
ticing at long Intervals, but they were the
men who needed the practice the least.
A few years ago there was a target In
the field In front of the prison, and the
guards had regular dates for trying their
skill and becoming familiar with their
rifles. But the target has nbt been In
position for some time. A few weeks ago
a new target -was erected near the brick
yard, south of the Penitentiary, and now
the guards shoot at the target once a
w,eek, under the direction of Second War
den Willey. One or two guards have be
come so proficient that they can place
five or six bullets In the bullseye In quick
succession at 300 yards. It Is whispered
around that one guard failed to hit the
target at all, though the pile of timbers
was about three feet square. His -term
of service Is likely not to be long at the
prison.
It should be said In connection with this
subject that the abandonment of regular
target practice a few years ago was
doubtless due to the cutting down of ap
propriations and the consequent neces
sity for rigid economy In expenditures.
The prison management did not feel able
to supply the ammunition and the guards !
did not think they should purchase it
themselves.
Prison Force Increased.
A number of new men have been added
to the prison force. These took the places
of the guards who were killed at the time
of the outbreak, and others were either
put on to Increase the force or to replacB
others who have "resigned. Two addition
al guards have been placed In the yards
at night, and one additional guard Is on
the -wall in the daytime. Before the out
break the -wall was left unguarded dur
ing the time when the prisoners were
locked up at noon. Now one guard is
kept on the wall all the time, so that no
one can approach the prison from the rear
"without being detected. The prison yard
has been cleared so far as possible of all
bpxes, outbuildings, woodpiles, etc., that
could afford the prisoners good hiding
places during attempted escapes.
One of the most Important of the per
manent Improvements now being made is
the erection of a new guardhouse at the
center of the east wall. Material' for this
post was hauled to the grounds today and
the structure will be put up at once. The
east wall Is the place where the" prisoners
"would be most likely to attempt a break.
The two guard posts at the end of that
"wall are .about 700 feet apart The mill
race passes upder the. wall about the cen
ter, and scaling the wall at that place Is
not difficult. In fact, one of the guards
Is In the habit, on returning from fishing
expeditions, of climbing the wall trom the
outside in order to secure the easier walk
ing on the plank walk at the top of the
Trail. When the new guardhouse has been
completed a-guard will be stationed there
and the danger of intrusion will be great
ly lessened.
Strengthening of the wall Itself Is the
improvement needed most of all. As this
will entail considerable expense it cannot
"be undertaken until authorized by legisla
tive appropriation. The wall should he'
higher a;nd the buttresses should be re
moved, so that climbing the wall from the
outside would .not be possible without the
aid of a ladder. It is expected that the
annual report of the Superintendent of
the Penitentiary will cbntaln some definite
recommendations upon this and Other kin
dred .matters which have ibeen brought to
notice by -the recent outbreak.
PIOXEER BREWER SELLS OUT.
Henry Rust Disposes of His Business
at Baker City.
BAKER CITY. July 31. (Special.) The
largest buslnecs-deal that has been record
ed in this city for some time was closed
thlo morning, when Messrs. Carl Adler,
Louis Sommer and Miles Lee purchased
the Pacific brewery property of Henry
Rust, the, pioneer brewer of Eastern Ore
gon, for $23,000 cash down. The property
is on the corner of Front and Washington
streets, with a frontage of 101 feet on
Front street and 100 feet on Washington
street. It Is, the Intention qf the owners
to erect a handsome business block on the
ground next Spring. Mr. Rust will retain
possession until then, when he .will vacate,
and the hulldlngs now occupying he
ground will be torn down. .
Mr. Rust Is one of -the best-known' citi
zens in this part of the state. JHe has long
taken an active part In business and poll
tics. WHY HE KILLED IKDXAX GIRL.
Chinaman Feared She Would Tes
tify Against Him in Whisky Case.
SEATTLE, July 3L Details of the mur
der of the Indian girl at Petersburg,
Southeastern Alaska, by Hip Hay, the
Chinese -who committed suicide at Port
Townsend last Saturday night, were
brought south by United States Marshal
James M. Shoup, of Juneau, today. The
Indian girl had been educated at the In
dian school, and was a worker in the Sal
vation Army among her own people. Her
body was found "where it had -keen burled
by the murderer on July 20. The motive
for the murder, tab Chinese told one of
his friends, was provided In her threat to
testify against him for selling whl3ky to
an Indian. On the last trip downward the
Dolphin brought Hip Hay as a passenger.
Marshal Shoup sent word ahead ordering
his arrest, and he was placed in Jail when
the Dolphin reached Port Townsend. The
next morning he was found dead In his
cell. He had committed suicide by stran
gling himself with a shoestring.
Hip Hay was foreman in a large cannery
at Petersburg, which is n small town on
the coast. After the murder he severed
the head and legs from the trunk of the
body to facilitate burial. The ground over
the remains was carefully replaced and
covered with moss, but the body was found
later. Feeling against the Chinese ran
high, as suspicion Immediately rested upon
him. On the boat he said he had been
forced to come aboard by a Japanese who
was also a passenger.
FISHERMEN WIX OUT.
Strike at .Bristol Bay Causes Prices
to Go Up lOO Per Cent.
- SEATTLE, Jujy 31. Information of a
private nature reached herevthis morning
from Bristol Bay, Alaska, giving the de
tails of a strike among the salmon fisher
men of that place which occurred June
24, Involving 700 men. Fourteen canneries
and fish-packing establishments- -were in
volved. After a hot fight, lasting five
days. In which threats of violence were
made by the strikers, the employers ac
ceded to their demands, although by so
doing the cost of the fish was increased
over 100 per cent. The employers at first
refused to grant the dema'nds of the strik
ers, which was for an Increase of from
2 to 3 cents for red salmon antl a pay
ment of 2 cents for dog salmon, which
the cannerymen have heretofore rejected.
May Get Another Rural Mall Route.
EUGENE, July 3L Special.) Special
Agent C. E. Clement was here yesterday
making an examination of a proposed new
rural free delivery route. The route is to
leave Eugene, following the main road
to Springfield, crossing the bridge and re
turning through a thickly-settled farming
community on the opposite side of the
river. More than the required number of
families reside along the route.
Postal Inspector F. W. Yallle has re
turned from a trip to McKonzle Bridge,
where he went to study the advisability
of Increasing the mall service from tri
weekly to dally between Loaburg and Mc
Kenzle Bridge. Mr. Vallle will not make
known the nature of the report he will
make, but It Is believed the increase will
be recommended.
Aberdeen Brevities.
ABERDEEN. Wash.. Julv fil .Snort 1 1.1
The McWhlnney Shipbuilding Company,
wiiose j-aras were ournea out last Satur
day, Is contemplating rebuilding Its plant
upon a much larger scale.
A move was made last night to resume
open gambling here, after a cessation of
the evil for several months. Th nfv
Marshal promptly, c'osed the games, on
learning 01 me condition or a Ha Irs.
Every member of the family of J. J.
Robinson, livlntr on E stront. I viol pntlv
ill as the result of eating what Is now
supposea to nave been tainted meat, and
the physicians say that the symptoms all
point-to acute ptomaine poisoning.
Astoria Brevities.
ASTORIA Or.. Julv 21. Knivlfjl lTh
collections made by the police -department
from fines and forfeitures " during
July were the largest ever made In that
month from the same source. They
amounted to $920. while in the same month
a year ago but 5775 was collected.
The logging camp of Brlx Bros., on Sis
son Creek, which was recently damaged
by fire, will resume operations tomorrow.
digs were opened this afternoon for the
Improvement of Commercial street from
Third street to Sixth street; The bid of
W. A Goodln of $2037 60 was the lowest,
and the contract was awarded to him.
Eugene Brevities.
'EUGENE, July 31. (Special.) Judge W.
S. MfcFadden. of Corvallls, has volun
teered to assist the prosecuting attorney
in the case of tho State against Heaton.
charged with the murder of Benton Tra
cy, of Junction City. Tracy wasa par
ticular friend of Judge McFaddnn.
County Superintendent W. M. Miller has
made up his annual report, from which it
is learned that the number of Inhabitants
of the county between the ages of 5 and
21 years is 7733. Of these 3979 are males
and S776 are females.
Water and Light Bonds Voted.
WEISER, Idaho. July 3L (Special.)
The election to vote bonds to the amount
of $40,000 for the Installation -of a water
and electric light system and purchase
apparatus for a fire department was held
today. Tho proposition carried by a vote
of 122 for and 15 against. Work will be
commenced as soon as bonds can be dis
posed of. A Teservolr system will be
used, the same power running berth the
electric light and water systems. The
water will be taken from the Snake River.
City Bonding Proposition Carried.
ABERDEEN, Wash., July 3L (Special.)
A special election held here toda.y for
the purpose of voting an Issue of $100,000
bonds to be used for refunding the pres
ent municipal Indebtedness, the improve
ment and extension of the water system,
the construction of sewers and the "build
ing of a bridge across the Chehalia River
to South Aberdeen, resulted In the entire
proposition carrying by a vote of 427 to
255, being 18 more than the required three
fifths .majority.
Coaling Station Contract Let.
SEATTLE. July 3L The contract for
the construction of a coaling plant at the
Puget Sound navy-yard has been awarded
to the Puget Sound Bridge & Dredging
Company, of Seattle, at $255,000. Word to
this effect was received today from Wash
ington, D. C. The plant will be the larg
est .on tho Coast, and will be so equipped
that it can load coal on a warship at the
rate of 200 tons an hour.
The Largest Tree In .the World.
FRESNO, Cal.4 July 31. What undoubt
edly Is the largest known tree In the vforld
has been recently discovered far up In
the Sierras in this county. Tho monster
was measured six feet from the ground
and it took a line 151 feet and S inches
long to encircle It, making it over 51 feet
in diameter. This tree is, on the Govern
rncnt reserve and will escape the wood
man's ax. j
Smallpox-at Asylum.
SALEM, Or., July 3L-Speclal.) A pa
tient at the Asylum has contracted small
pox, and as a result a quarantine has
been established against all visitors ex
cept relatives of the patients. Precau
tions have been taken to prevent a spread
of the disease.
To Become Head of Idaho 'Varsity.
FRANKLIN, Ind., July 3L Professor
Horace Ellis, who has. heen superintend
ent of the city schools, has resigned to
accept the presidency of the Idaho State
University. Professor Ellis la very popu
lar here.
First Grain-Field Fire This Year.
WALLA WALLA, Wash., July 3L (Spe
cial.) me nrst gram-field fire for the
senson occurred this afternoon oltrhf mlioe
south of this city, W. C. Steen losing 1200
sacks or wneat and some outbuildings.
LIE AWAKE XIGHTSr
A. Simnlp. Plonuint nnw1.
Horsrord's Acid Phosphate taken Just
before retiring quiets the nerves, nour
ishes the body and Induces refreshing
!eep. It supplies the needed brain aha
UUVC 1UUU.
BombMt once signified the cotton that was
np!orw! to stuff rarments. particularly the
enormous trunk hoso worn in tht fourteenth
and fifteenth centuries.
RIGHTS OF THE DEFENSE
"BOB SMITH TAKES.UP HIS HAXDY
PEX AGAIXST REAMES.
And Makes an Appeal for Ills Client
Which Is Ingenious, Whether It
Is Convincing or Kot.
GRANT'S PASS. Or., July 30.-To the
Editor.) An editorial referred In The Or
egonlan of recent date to the case- of the
State ,of Oregon -vs. T. J. GIbBon, has
called forth a reply from the prosecuting
Attorney, A. E. Reamcs. I am averse and
opposed to trying cases In the press, but
as one of Gibson's attorneys, and as an
attorney of the "Supreme Court of this
state, I cannot permit the unfair presenta
tion of the case made by Mr. Reames to
go unanswered. I am aware that a good
many people invest the man who by the
accident of ballots occupies the office of
Prosecuting Attorney with Infallibility of
Judgment and purpose, but like every at
torney who has had much experience In
criminal trials, I am also aware that
many men are through mistaken seal vig
orously prosecuted wlthdut legal evidence
of their guilt. Mr. Reamca Is a vigorous
prosecutor, and seems to be well adapted
to the work of the office, and I have no
doubt believes he has written an Impartial
statement of the case, and which I believe
Is one-sided and unfair, for the reason
that because of his mental attributes that
make him a vigorous prosecutor, and his
pride In "his success and his zeal In his
work, he Is unable to see but one side,
and that sido Is his side.
The letter of Mr. Reames plainly Illus
trates the kind of evidence he believes
should be sufficient-to convict, and the
arguments he usesMo secure a conviction.
'I wish to call attention to some of the
points he affects to make.
In the first place the gun Schonbachler
had is called "a harmless old muzzle-loading,
single-barreled shotgun." In answer
to that I need but to say that te trial
Judge charged the Jury that that gun was
a dangerous weapon. The gun was a
16 gauge, with a SS-lnch barrel, and to all
appearances and as far as the evidence
showed was In perfect order, except thS
absence of the piece of wood that fits un
der the barrel in front of the lock The
prosecution offered evidence to show the
gun had a small load, and this was one
of the chief arguments of the prosecution;
but there was no evidence that Gibson
knew how the gun was loaded, or even
knew that was the gun'or-could tell at hlo
distance that It was. When one considers
the stress Mr. Reames gives to thls'polnt
In his letter and remembers the argument
he made upon It as I do, he may well won
der what tho law of 6elf-dcfense amounts
to In Ihls- country. If a 10-bore shotgun
Is not a dangerous or deadly veapon, then
In the name of reason avhat il such a wea
pon? How close w6uld the Prosecuting At
torney like to stand to such' a gun as a
target If he did not know how It was
loaded, or If It was loaded with buckshot?
Again, must one who is assailed with a
gun even consider the load that may be
In the gun or Its range? Is It a prosecution
that is based on such reasoning or Is It
something else? It was probably the same
fair line of reasoning that led Mr. Reamcs
in his closing argument to compare the
defendant to Merrill and Tracy. When
objection was made to such reference he
stated that he withdrew the words, but he
had craftily succeeded in getting hlo in
sinuation before the Jury, when the de
fendant's attorneys had no opportunity
to Teply.
The impartiality of the Prosecuting At
torney's letter Is again shown In his state
ment of the threats made by both parties.
He states the evidence showed that Gib
son threatened to kill Schonbachler. This
was testified to by Ellsha Frnnkmer and
Sam Hogue. Six witnesses-testified that
Frankmer's reputation for truth and ver
acity was bad, and to offset this tho state
called, I believe, four witnesses who eald
they had -not heard It questioned, and one
who testified he had heard It discussed a
great deal for nine years, and It was
good. Sam Hogue Is Frankmer's father-in-law,
and was, a very old man, and the
Prosecuting Attorney had to shout In his
ear to make him hear, and Hogue testified
he did not hear all the conversation, and
one witness testified Hogue. told him he
did not hear any threats made. Frar.k
mer. according to his own evidence, was
drunk shortly after. If not at the time he
met Gibson.
Of course the prosecution can have no
object In or desire to unfairly convict or
mlstate the evidence. Mr. Reames states
that Schonbachler "Had Imbibed liquor
too freely, and In his talkative way had
made threats against Gibson."
The only evidence of Schonbachler s
drinking was one witness who said he
"smelt liquor on him." But why did
not $Ir. Reames give the threats made by
Schonbachler? He stated the character
of the threat Gibson made, and If his
desire is simply to put The Oregonlan
right, why omit this Important part?
James Deveney, Jamts McGalllard and
W. H. Zumwalt testified that on the even
ing before his death Schonbachler got off
the train at Merlin arid stopped at Guild's
stone and hegan a conversation by say
ing: "I have heen to Grant's Pass to see
them . and they won't do
nothing, and I'm going to take the law
In my oVn hands." When a6ked whom
he referred to he said Gibson. When
McGalllard fold him he should not make
.threats he again 6ald: "I don't care a ,
Gibson or me, one must come down. To
morrow morning I tdke my old shotgun
and blow his brains out." Mr.
Zumwalt, who Is an old pioneer of Ore
gon, tried to pacify hint, but he only be
came more earnest' and Zumwalt was so
Impressed and alarmed by what he said
that he went to J. L. Rlggs, a distant rela
tive of defendant, and told him what he
had heard, and advised him to inform
Gibson, and Gibson was Informed at 11
o'clock the next day. All three witnesses
testified that Schonbachler was sober.
Schonbachler's house and Gibson's were
about 200 yards apart. One was in full
view of the other. Schonbachler remained
In the house all next day till about 6
o'clock and when the evening meal was
on the table as Gibson left his house he
took his gun and started out. The wife
went out on the porch and followed him,
with her eye on every step. On the first
trial she said: "I knew there was trou
ble." She heard Gibson eay, "Put down
that gun." and then heard a shot. Schon
bachler fell at a point across his own line
on Gibson's ' land. Gibson was 75 yards
from the boundary line. He was on his
way to call Van Dorn who lived across
the river about. 400 yards distant, to take
his, Van Dorn's, boat and row down and
get Gibson's hoat which the current had
carried down on Schonbachler's land, a
few days before, to avoid crossing Schon
bachler's land to ge"lL Gibson had
crossed his own field In the morning for
the same purpose, but could not get Van
Dorn to answer, and went again In the
evening when he could have no thought
offlndlng Schonbachler In his field.
Gibson never at any time testified "he
made up his mind to kill Schonbachler
when he saw him coming from the
hpuse." On the first trial ho said he
thought he would have to kill him because
he thought Schonbachler Intended to kill
him. There was much evidence to con
tradict Van Dorn and he was Impeached
by his testimony taken at the Coroner's
Inquest, where the defendant was not
represented. His testimony was at vari
ance with Mrs. Schonbachler's testimony
In many material points,
I will not take the space to reply to all
the opinions given by the prosecuting at
torney. I have, I believe, given enough
to show whether or not the statement ot
Mr. Reamcs is fair or unfair. The ver
dict, I will say, -was a shock and surprise
to the whole community and to all con
nected "with tho trial -with the possible
exception of Mr. Reames.
No argument or reasoning is needed to
call attention to the prosecution's earnest
efforts, other than the comments of the
prosecuting attorney on the conduct of
Gibson. Gibson after committing tee
deed gave himself up Immediately.' He la
a son of a pioneer family of Lane County,
and on the trial showed his reputation has
.been the best all his life. From the time
he was arrested he has heen hysterical,
and as many believe insane. He has at
times been able to assume a careless air
and for most of the time unable to con
trol his feelings. At the first trial he
bore the ordeal quits well. He did, I
thinks cmlle once In an effort to hide his
own feelings, hut laughed never. But;
even If he laughed I think he should only
be convinced on legal evidence. The criti
cism of the defendant seems to go much
farther than an attempt to correct the
editorial statement. It smacks of the in
quisition and of prejudice.
In conclusion allow me to say, not as
applying to this case alone, but to all
others, because I believe It is an abuse
that needs correcting, that on the argu
ment of the caee the deputy prosecuting
attorney addressed tho Jury for 25 min
utes, not even giving an outline of the
prosecution's theory. The defendant's at
torneys addressed the Jury for two hours
and 15 minutes, and the prosecuting attor
ney took two hours and So minutes to re
ply (?) In an argument going over the
whole case, when the defendant's attor
neys had no right to reply. It wae In
that argument that the defendant was
compared to Merrill and Tracy and ' In
which the Jury was warned not to turn
the defendant loose on this community to
repeat his crime. The 'defendant "was
compared to the bank cashier who had
borne a good name for 25 years and sud
denly stole the funds and fled to Canada.
"Unless we havo the support of the
press in the enforcement of the law we
cannot have, universally, the support of
the people." Who Is "we?" What should
be the mission of the press? It seems to
me that under our present fryatem more
than ever the press should act as Black
stone says the Judge should, "as counsel
for the defendant." Because of high rates
of taxation men in rural com
munities are often hurried to their trial
wlthlut time or opportunity to
prepare, to save expense. The
moment one Is arrested some begin
to murmur against taxation. Politically
ambitious officers In obedience to sucn
clamor and often because of tear of the
press, perhaps without any wrongful in
tention, and prompted only by what Is a
desire to beVefficIent, deprive accused per
sons of fair trials, and unjustly convict
them. It has almost become an axiom
that "a trial court should never grant a
new trial." The law Is supposed to be
vindicated only by convictions and the
people interested only In verdicts of guil
ty. Today in this state the prosecuting
attorney can act as a magistrate. He
produces the evidence, hears It and passes
on 1L The Judges of the feudal period baa
no such authority even over the villeins.
Now give in addition the support of the
preso by all means.
I am aware that the legal profession has
done much to hinder the enforcement or
the criminal laws against the guilty, but
the pendulum of popular opinion and In
some Instances the press, has swung too
far to the other extremes, and ror my
part I earnestly hope that while the pros
ecution of neoDle accused of crime is com
mitted to the hands of fallible men. some
times passionate, narrow and cruel, vain
and zealous, that the press of this coun
try will withhold its support from attor
neys for the prosecution as well ao the
defense, and give It first and last to Jus
tice, the mother of all. and the only guide
for Its enforcement. who."e principles and
truths can never be written on a cash
register.
Personally Mr. Reames and myself are
tho best of friends, and I regret that my
client's Interests call on me to criticise
his letter, and it Is .only his letter and
matters necessarily connected therewith
that I desire to call In question, "and not
the gentleman's personality outside of
this case.
ROBERT GLENN SMITH.
BATTLE. FOR MIXE SOW OTti
Woman Says She'OTvns Yukon Clnim,
Man "Denies Sale.
SEATTLE, July 31. The Eagle Mining
rv.mro,- ix tt!no- Mis Ella R. Garret for
n tlti. to claim No. 4 on Glen Gulch, and
on account of the richness of the claim
and the many peculiar circumstances sur
rounding the ca?e. the litigation has
nrnMKrxi eretst Interest In the Yukon basin.
In the Spring clean-up this year. $60,000
was washed from the dump, ana me mon
ey is now held by the United States Mar
shal at Rampart, pending tho settlement
of the suit.
Th olalm was staked for Miss Garret
by Jack Belsea, each taking half. -Henry
Thumm, of Seattle, bought MIm Garret's
half for $1750 before It was Known now
rich the ground was. Then Miss Garret
niiAcrra BMflea sold his half to her. but
she failed to have the signature witnessed.
and Belsea now denies tne saie. ine
Eagle Mining Company haB been working
tho eround claimed by Belsea, and last
Winter Frank Hyett, who says he wit
nessed the sale of Belsea to Miss Garret,
rode all the way to Nome, 2000 miles, on a
bicycle, to get an injunction preventing
tho Eagle Mining Company from wcrklng
the property. The case is now being heard
at Rynpart by Judge Wickersham.
Xevr Mining Company.
BAKER CITY, Or., July 31. (Special.)
Articles of Incorporation were filed with
tho County Clerk yesterday Incorporating
the Monster Quartz Mining Company. The
incorporators are: William Eblen. F. L.
Evans and Antone Klauser. The capital
stock Is placed at 1.000.000 shares of the
par value of $1 each.
Xeir Factory for Forest Grove.
FOREST GROVE, July 31. (Special.)
It Is now settled that a Seattle company
will establish a condensed milk, factory
here. Citizens have donated a five-acre
tract for the plant, and representatives of
the promoters are on the ground to begin
work at once. A brick structure 100x120
will be erected for the factory.
The Crescent Flouring Mill received 500
bushels of this year's crop of wheat yes
terday, which is the first that has heen
delivered here this season.
MAD DOG SCARES.
Vicious Animals. Should Not Range
the Streets and Parks.
Chicago Record-Herald.
There is a tendency upon the part of
some of our exchanges to chide the pub
lic for permitting IJaelf to be moved by
the "mad dog scare The Pittsburg Ga
zette, for Instance, says:
"Not all dogs that show fury and bite
are mad dogs, and not all the people .who
die after being bitten are victims of hy
drophobia. A majority of them are vic
tims of their own Imaginations."
Pursuing the same subject and a simi
lar line of argument, the Philadelphia
Record says:
"It Is almost certain that the popular
fallacies about mad dogs and hydropho
bia nave xiiiea more persons man nas ny
drophobla Itself. Fairly sensible persons,
when bitten by a cross dog, often become
panlctrlfken and die In great agony
after exhibiting many of the alleged
symptom's of hydrophobia, although the
dog In each case may have been free of
rabies."
These statements may be true enough,
and It undoubtedly is . unfortunate that
people sometimes permit themselves to
be scared to death. But why should dogs
that are merely vicious be, permitted to
run at large? Why should dogs of any
kind be left to roam at will? Most peo
ple have the good taste to keep their
children- from tearing around tnrougn tne
streets and over their neighbors lawns
and from being" public nuisances. Why
should their dogs be exempt from restric
tions? If dogs were not left to run loos
there would be no unwarranted mad cog
scares.
The bandi of elk that wintered in the Jack
oon Hole country. Wyoming, four years ago.
rere estimated to number CO.00O. They how-
number less than 10,000, according to the ea
tlm&U of the ranchers.
HIGH MASON PASSES AWAY
DEATH OF JACOB WEATHERWAX,
OF ABERDEE5.
One of, Gray's Harbor's Most Promi
nent and Bent-Kuorrn Citizens
Lieutenant in Civil War.
ABERDEEN, 'Wash., July 3Lr-(SpecIal.)
Jacob Weather wax, the youngest ot
seven sons of the prominent Weatherwax
family, of this city, and one of the most
prominent Masons in the Pacific North
west, died here of double bronchial pneu
monia this morning, aged 62 years. Mr.
Weatherwax was one of the most popular
and universally esteemed men in this sec
tion df the state. Everybody on Cray's
Harbor knew him and considered it a
privilege to be numbered among his
friends. During his 14 years' residence
here he was always foremost in every en
terprise that had the welfare-of the city
for its object. In Industrial, mercantile,
fraternal, social and religious circles his
name was always a prominent feature.
While not seriously 111, he had been
ailing for a few weeks, but It was not
until early this week that his condition
was considered critical, and then the
highest medical and professional caro
could not stop the ravages of the disease
that had attacked him. His death has
caused universal sorrow, and the entire
city will suffer an almost Irreparable loss
In his removal.
He was born In Michigan In 1SI0, and
lived the greater part of his life In that
commonwealth, from which state he vol
unteered as a private for the Civil War In
the Second Michigan Cavalrv. belnc mus
tered out at the end of the conflict with !
the rank of Lieutenant. Efe was' married
25 ycare ago to Miss Martha Burke, of
Greenville, Mich., who survives him, with
two daughters, three brothers and a host
of nieces and nephews, all of whom are
now here In Aberdeen.
In Masonic clrclps Mr. Weatherwax at
tained a distinguished eminence that is
rarely accorded to one man. and his
prominence in the fraternity was the
greatest mark of confidence that the
order could possibly bestow. When he
died he was past grand commander of
the Knights Templar. State of Washing
ton; most excellent high priest of the
grand chapter. Royal Arch Masons, of
this state; grand marshal of the blue
lodge of Washington, and worshipful
master of Aberdeen Lodge, Np. 52, F. Sc.
A. M., besides being a member of the
Eastern Star and an eminent noble of
the Mystic Shrine. His last nubile ap
pearance was on the evening f)f July 5.
when the Masonic lodges of Gray's Har
bor tendered a banquet In this city to
most Worshipful Grand Master John
Arthur, at which brilliant function Mr.
Weatherwax acted as toantmastcr.
His funeral will take place Saturday,
the services being according to the
solemn and Imperslve ritual of the blue
lodge assisted by the Royal Arch Masons
and commandery.
Successor to WentherTrax.
WALLA WAIJLA, July 31. Grand Sec
retary Y. C. Blalock, of the Royal Arch
Masons, for tho State of Washington', to
night received notification that Grand
High Priest Jacob Weatherwax had died
at Aberdeen this afternoon. Mr. Blalock
announces that Deputy Grand High Priest
Nathan S. Porter, a resident of Olympla,
will succeed Mr. Weatherwax"," who was a
past grand commander of tho Knights
Templar.
Funeral of Mrs. F. L. Davidson.
SALEM, July 3L (Special.) The fun
eral of Mrs. Mary Melson-Davldson. who
died in this city last night, will be held
tomorrow. Mrs. Davidson was born In
Shelby County, Missouri, in 1851. and
came to Oregon with her parents In
1SG1. . She was married In 1869 to T. L.
Davidson, who, with a son. T. L. David
son, Jr., survives her. She leaves fivo
sisters and one brother. They are Mrs.
L. B. Plants, Milton. Or.; Mrs. J. H. Wil
son. Palo Alto, Cal.; Mrs. S. P. Gerrlgues,
Heppner, Or.; Mrs. Ella B. McDowell,
San Jose, Cnl.; Mrs. M. J. Wilson, Salem,
and J. A. Melson, Salem. The funeral
will be conducted from tho Tesldence df
Mrs. M. J. Wilson on State street tomor
row at 2 P. M., Rev.' John Parsons
officiating.-
Dr. J. Rex Byars.
SALEM, July. 31. (Special,) Dr. J. Rex
Byars, aged 25 years, diedt In this city
today of consumption. Deceased was a
son of W. H. Byars, and was graduated
from the medical department of "-Willamette
University In 1901. During the
Summer of that year he served as physi
cian on a passenger steamer running to
Hong Kong, and hoTs since resided In Cali
fornia for the benefit of his health. He
served during the Philippine War as hos
pital steward In tho Becond Oregon. He
was a very popular young man, and had
a wide circle of friends here.
OreROn Pioneer of 1SS2.
ROSEBURG. July 31. Henry G. Brown,
an Oregon pioneer of 1852. died at his
home near Elkton yesterday, aged 73
years. He was a brother of Hon. A. F.
Brown, of Oakland, and.leavea a son and
three daughters, Samuel T. Brown, Mrs.
Mattle AtkInsoh Elkton: Mrs. Hattle At
kinson, Mount Idaho; Mrs. Carrie Damon,
Grant's Pass. Mr. Brown's wife died
only two weeks ago. She was a sister
of Hon. TJ. W. Stearns, of. Oakland. They
were among the county's most highly
respected pioneers.
Well-Knovrn Washington Pioneer.
WALLA WALLA, Wash., Jujy 31. (Spe
cial.) John Dooly, one of the richest
men In the Northwest, --and a well-known
pioneer of this section, died this morning
of blood, poisoning. He was 73 years of
age and a native of Ireland. Forty-five
years ago Mr. Dooly was one of a party
that made the official survey of, the Canadian-American
line.
Prominent Aberdeen Business Man.
ABERDEEN. Wash., July 31. (Special.)
H. L. Cook, a prominent merchant of
this city, died suddenly yesterday morn
ing of heart disease. He wag 36 years of
age.
Payments on State Taxes.
SALEM, July 31. (Special.) Mult
nomah County today paid $7000 on the
second half of Its state taxes for 1902
and Douglas County paid ?12S2 to apply
on Its acount for the same purpose. The
second half of the state tax Is not due
until December 1. but some of the
counties which have money on hand seem
Bronchitis
Ayer's Cherry Pectoral fs
the only medicine you need.
We have been saying this for
60 years. If you want ad
ditional proof, ask your own
family physician.. We will
abide by his decision if you
will. That's fair, isn't it?,
" Ayer's Cherry Pectoral never fails
to cure me of a cold. I have recom
mended it to many friends suffering
from throat and lung troubles, and they
all say it docs the work quickly and
thoroughly." Charles Prevost, Platts-
burg, SLt.
Some watchmakers
harp on Railroad Watches,
-More than twenty
Elgin Watches
have been sold for every mile of rail
way trackage in the world. Sold by
every jeweler in the land; guaranteed -by
the world's greatest watch works.
ELGIN NATIONAL WATCH CO.
Elgin, Illinois.
disposed to pay up before that time.
Under the new law- the counties must
pay half their state taxes by June 1
and the other half six months later.
Under this arrangement all the counties
have money to meet the taxes when due
and It Is jio longer necessary to charge
interest for delinquencies.
Railway Tracks Not Disturbed.
SAN FRANCISCO. July 2L Master of
Transportation Richardson, of the South
ern Pacific Company, stated to the As
ssociatcd Press today that the seismic
disturbances In Santa Barbara County
had not destroyed any railroad property
and that the- tracks ot his company were
Intact. AH trains are running on time.
Q.Bestlons lor Teachers Examination
SALEM. July 31. (SpeclaL)-Superln-tendent
of Public Instruction J. H. Ack
erniarv today sent out the. lists of ques
tions to be used In the regular teachers'
examinations to be held In all the
counties in the state August 13 to 16 in
clusive. AT THE HOTELS.
THE PORTLAND.
J M Church, La Orqd Mus
1 11 MTaVlS. IQICSKO 1 M B LTCiS, MO
Jas SBuchanan. N Y
E T Coman. Colfax
C W Smith . wife,
Menlo Park
Oscar Barter, Dallas
Chaa NesMt
it C Grace
II AI Comer & wf, Ga
Bruce Slices, Mlnnpls
J H Hawthorne 4 wfJJ A Dunlnp. ?; r
Lewis ton
H G Halihlll. N T
J D aullck, N X
W L. Stirling & wife.
Walla Walla
Lewis Sears, Seattle
C Wills. Seattle
F W Friedhoff. -Chjo
F D Newbursrer. Chgo
A Stoddart. St Paul
S Witkowefci.- San Fr
C L Knabe. Chicago
F H Laird & vrlte.
Beaver, Pa
A W Manlemont & j
wife. Cnxland
O F -Grove. N Y
It G Brier
M I Edwards. Texas
W B Covell. Harttord
J Freund, San Fran
A M Gayle, Chicago
W T Rhodes. Seattle
V A Douglas. Buffalo
E A "Walz & wf, N Y
Geo A. Smith & wife.
Denver
Mrs S Danzlger.Astora
C E Brady. Colo Sprga
J A Lynen. 4 Iy, St L
A H MacXcIl, X Y"
E J Goodklnd & son.
Helena
E C 'Williamson & wf.
St Louis
H ii Hochstadter. JT Y
H G Lazell, AI D.Rich
mond. Va
H M- Carrutbers. N Y
S E Waggoner. St L
W Palache. San Fran
U'addrntfton. Paris
K Outray, Parla
Cte de Perigay. Paris
Dr H Gibray. X Y
A J Talmlce, Dalles
J F Harley. Seattle
C M Butcher. Iowa Cy
w E Footer, do
J E Swltzer. do
W H Stewart. do
J F Wrlfcht, Iowa
D T Corley. Iowa
S J Rosenthal. Olymp
A R Harlow, Seattle
H S Wlnans & .wife.
Denver
C H Ames! Snohomish
W S Taylor & vr, ChgJ Q A McDowell & w.
TV P Bonney, Tacoma
Newcastle. Pa
J H O'Bryan & wife,
city
M Lobe, Tacoma
Mrs Gus Greehfeld, do
Mrs J II Redlck. Spok
E J Burns & wf. S F
W W Lovell, wf & fy.
Loa -Angeled
Mrs C R Cralsr. do
E J Miller. Ill
A R Scott. Bethany. (T L Craig.
do
m
S A Bonnlrteld. S F
H B HalL Boston
Mrs A C Allen & md.
Salt -Lake
L Harris. Butte
Vf V Fuller, Dalles
R Ralnaker, Seattle
G Ralnaker. Seattle
J C Jorgare, Mlnnpls
R Porteguese, Sair Fr
A II Wagner. San Fr
E .' Alden. X Y
W B Dennis. Blgfk
Butte
S Vatson, Chlcaro
F M Gray & w, Miles,
Mich
F J Line San Fr
F Schwabacher, S F
t; E braith. Chlcaco
G H Vawfer. Chicago
Ki w Tarout, pomer
or. Wash
Wiley B Allen. San Fr
F D Stanley & wire.
Perry
Mrs L C Stanley, do
Mrs Robt Smith, do
G Ponalr. San Fran
Mls F Day. San Fran
Harry Gray & wf, Cal
G Holterhoff & wf, do
Miss Holterhoff, do
M!es Bashfonl, do
C M Cole. San Fran
M J Watts, Brookllne.l
THE PERKINS.
S W Wallace. Salt LkJO C Maxwell. Elgin.
Mm II J Wallace, do
Or
Miss Leda Wallace.do
H W Stewart, Mon
mouth. Ill
Xeal McClanahan, do
M T "Nolan. Dalles
T F Johnson, Spokane
Mrs Johnson. Spokane
Fred H Merrltt, Ta
coma Jos Jorgens. Mlnnpls
R Cooper. Wash
W H Moore, Metro
Edmund Crofi; Mark
ham, Waah
F Doltxal, Fremont
G M Scheer. Altoona,
Pa
Mrs G M Schr, do
L C Scheer. do
Mrs A M Andrews,
Spokane
Mrs Maxwell, do
Miss Anna Stlnson.
Colfax. Wash
W E Frailer, Albany
F D Culver, Reading.
Mich
Hanna L Tutye, Indp
u Bcnnoeoei, isew
Rockford
R R MacLeod, San Fr
F L Charboneau. Ta
coma. Wash
John Ji .Wright, St L
DatsyAH Wood. Bould
er, Colo
Mary. E Wood, do
F L Stewart. Kelso
Wm M Hunter & fmy,
Dayton. O
J PvMcCallum. Pitts
burg. Pa
A M
of tft fiiiffftrfno- and dancrer in store
BECOMING
of all pleasant anticipations of the coming event, and casts over her a
shadow of gloom which cannot be shaken off. Thousands of women
have found that the use of Mother's Friend during pregnancy robs
confinement of all pain and danger, and insures safety to life of mother
and child. This scientific liniment is a god-send to all women at the
time of their most critical trial. Not only does Mother's Friend
carry women .safely through the perils of child-birth, but its use
gently prepares thesystem for the coming event, prevents "morning
Sold by all druggists at MWmS tf
$i.co per bottle. Book
containing valuable information free.
The Bradfieid Regulator Co., Atlanta, Ga.
YOUNG MEN troubled Vfllh nlgat emissions, dreams, exhausting drains, bash
ftxlneaJL aversion to socle tyT which deprive you of your manhood. UNFITS YOU
yMIDDEAalDME5Norom excesses and strains have lost their MANL.Y
POWER.
BLOOD AND SKIN DISEASES, Syphilis. Gonorrhoea, painful, bloody urine;
Gleet. Stricture enlarged prostate. Sexual Deblhty. Varicocele. Hydrocele, Kidney
and Xlver Troubles! curetf WlTHbUT MERCUR ANL OTHER POISONOUd
DRUGS. Catarrh and Rheumatism CURED.
Dr Walker's methods are regular and scientific. Be uses no patent nostrums
or rea"dy-made preparations, but cures the disease by thorough medical treatment.
His New Pamphlet on Private Diseases sent free to all men who describe their
trouble. PATIENTS cured at home. Terns reasonable. All letters answered la
plain envelope. Consultation free and sacredly confidential. Call on or address
Dr. Walker, 149 First St, bet. Alder and Morrison, Portland, Or.
VIM, VIGOR,' VITALITY FOR MEN
91. BISHOP PII1I.S hare been in cse orer fiftr years hr the-leaden, elders, and their
fnlltvra. PositiTelj cure the worst ouei In old and yoanjraritmK from rfTrct ot abuse,
dlHPtlon."BXcets. or cisaretta-imolcinx. Cnrei ont 3fnhood. Luat I'ovrrr,
Vwrleercie. Atrophy, aiytlrocle. Insomnia, anan saln In Bnek, la
Mltfe, la Face KerToaa Xtrltchlnr. Nhaky t"f 8 S XrembllncLaKe
-yrla Tlht I Itr. n.ilm-h. l!lltTlJm ff Kn.M to 3SLVrj, Constl
vatfoci. KtOMrrvoaBTtrltchlriir ofKTOlldn. Ixq'ii-I Effect are iamediata.
Impii. t.rfnracd poltncrtoersrr fancUoa. Don't t despondent, a euro Wathand. Rstorsn all
orjnuu. Stimulates tba brain and narro centers. Flltr cants a bnx: tx for mall. Avr1t'n snar-
aotoa. to onre or montj refunded. "With six boxes. Circulars free. Addrean, Blxhnp n'mH" V
Fr dale "by S. G. SKlDtfORE fc CO.,
IWm Eccles. Vlento
M E Buchene. Mlnnpls
I A D Rothsteln. Seattle
Mrs L Byrne. Seattle
Miss Arnea Byrne, do
M!?J Maymne Locey.
J T Brooks. St Joe
Chlco
Ja Monahan. Snokn in v. ynitnn vash
Jas Ravonsley, Pen- :3Irs Fulton, do
dleton
H B Budd. do
J F Asch. Pendleton
A G Butterfleld.
Welser. Idaho
Mrs Budd. do
F Tallman. Albany
Henry Pane. Salem
E A Paddock, do
Jas Mott. N Y
S Gresdyke. San FraniMra Mert. N" Y
S Lysons. Kelso Mrs O C Vaughn. Chgo
Mrs E C Rurove. St Mrs A Walker, do
Paul. Minn D C Cannon. Sioux Cy
Mtes F M Cole, do (Mrs Cannon, do
Mr White. BrecklnrdsIF L Johnson. Cedarvlll
G W Billings, do IMrs Johnson, do
YV heeler. D-s I Jesse Hardesty. Cal
Moines
Mrs G B Dowell & 2
I pons. Elder, la
Margaret B Casey.
Chicago
Mrs Lane. Pendleton
Rose Kelly. Chicago
Robt Moon. Mt Car
roll. Ill
Retta A Moon, do
A C Montgomery.
Denver
W G MeKcnzle. Pitts
burg. Pa
R J Cooper, do
Wm Wyht. Phlla.
H Koren. Butte
W W Haney. S D
F E Huntington. Mar
Ion, la
Sirs Huntlnston, do
L P Owen. do
Earl Granger. do
J Dlttenhoffer, do
Mrs Dittenhoffer. do
Louis Hoebel. Syracuse
Mrs Hoebel. do .
Hi Gordon. Chicago
Mrs Gordon. Chicago
Anna Jeness. Iowa
H W Johnson. Armouri
Emma Jenes3. do
F H Johnson, do
THE IMPERIAL. v
L H Leach. Chehalls P D Gilbert. Albany "
A D Bernle. Cathlamt L R Shoop. do
W R Crelghton, Rldge-iGeo W Hicks. S F
field J W Henderson. Mex
Cydle Gumm, SpokanejG H Pledge. Mex
H B Thomeson. Chem- W B Campbell. Mex
awa C D Jessup. Salem
Mrs Thomeson. do J Levlne. St Paul
A M Glllls. Athena W E Frazler. Albany
Florabel Patterson. H W Holley. Everett
Monmouth H L Kicgsley. Chgo
B A Love. Allegheny.! W Wasson. San Fran "
Pa (Mrs Wawon. San Fr
Mary Aiken. Bellefon-jA S -fJowhian. San Fr
tain J Martin. San Fr
B L Sharpsteln. W W'iCora M Gayer. Cleveld
F Jewell. Chicago MIss Trowbridge, do
Eva Wentworth. Lo- (Miss M Slett. Wooater
ralne Mrs E S Commlns. do
G A Young. do W H Hlslop. Seattle
Edith Young, do Theo Witt. San Fran
E L Dwyer. Astoria Mrs S B Eakln.Eugena
W J Cook. Astoria Mrs H E Bickers. Sa
F Canlature. do j lera
J M Griffith. Callahan j Mabel BIcker3. Salem
S E Purvlne, Salem Wm Jennlng?. Baker CJ
F Pelton, St Paul T Webster. San Fran
Tony Hupprich, Can- II Wiley. San Fran
yon City )W H Fowler
James B Gray, do Mr? Fowler
Frank Davey. Salem (Master Ned Fowler
W Stott. La JMlss N Lane. Pendletn
Mrs W E Brehm.BoIscE L Smith. Hood River
W D Simpson. St PI IMrs Smith. Hood River
A C Jackson. Albany 1 Miss A C Smith, do
Mra Jackson; do ;Mrs W M Stowart.do
Will C Logan, WHholtiMrs E J Bushee. do
Springs IE C Bush'ee. do
C W Carson. Spokanej Clark W Thompson St
Mrs Carson. Spokane family. Cascades
J II Shoop. Freeport. IT R Allen. Denver
Pa JM Raymond. Seattle
THE ST. CHARLES.
Mrs. A N Scoggln. clty
A Morrison, city
W G M Hays. Pullmn
Prank Bartlett. city
IJ B Yeon. Rainier
L Price. Sccppoaso
Jas G Brown, city
Wm Roberts! Salem
Mrs Smith. Castle Rk
Chris Roberts. Salem
Jas Dart. St Helens
G W Horton. Charles
City. Ia
J Castella. do
Mort Cochran. Hub
bard B L Wilson. Stella
Norman Wilson, do
E E Burton. Eugene
W Stott. Los Angeles
John Weell. Astoria
Walt Hlnman. ButtevI
S Eager. Seattle
W T Farrington.Dallet
J IT Hartley. Olequa
I Ed KInnu. Chinook
John J Wood. Chinook
W Brinckerhoff. Atchi
W F Dryman. Eugene
M Wise, city
G P Miller, clty
N Syverson. city
M Baker. Cased Locks
son. Kan
R Groesbeck. Crowley,
La
J H Dunne, city
A R Badge. Toledo
R B Bates. Portage
Wm C Roach & wife.
Spokane
J B Love. Lancaster
Alex Barr. Latourell
T Merrill. do
F E Simpson, do
n P Coooer. Wichita
D A Herren. Heppner
tt r Wood
Heppner
t -c rsmnnm. Marshlnd
Capt H Reeve, WooSlnd
B A Reynolds, Tecum-' Capt J Brown, city
aTT Vwii I Andrew Jacke. city
J Farman. do J II Werner. Roxwell
C L Clemens. GreshamjH Nelson. Troutdale
G R Shaw, Cleone IColt Van Cleve, do
Hotel Drnns-rrtclc Seattle.
European plan. Popular rates. Modern
Improvements. Business center. Neat
depot.
Tseoron Hotel. Tncoma.
American plan. Rates. $3 and up.
Hotel Donnelly. Tncomn.
First-class restaurant in connection.
Is an ordeal which all
women approach with
indescribable fear, for
nothing compares with
the pain and horror of
ofii'lrl.Mrrri Trif rhniicrht
for'her. robs the expectant mother
C E S Burch. Seattle
A L Blanck. Denver
L P WIn3low. Ba-
tavla. Ill
R E WInsloV. do
O H Flthlan. do
TWENTY YEARS OF SUCCESS
In the treatment of chronic diseases, Buch as liver,
kidney and stomach disorders, constipation, diarrhoea
dropsical swellings. Brighfs disease, etc.
KIDNEY AND URINARY
Complaints, painful, difficult, too frequent, milky ot
bloody urine, unnatural discharges speedily cured.
DISEASES OF THE RECTUM
Such as plies, fistula. Jlssure, ulceration, mucous and
bloody discharges, cured without the knife, pain or
confinement.
DISEASES OF MEN
Blcod polsoi., gleet, stricture, unnatural losses, 1m
potency. thoroughly cured. No failures. Cures guar-
Portlnad. Or.
Saa Frasclaco, CaZ