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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 10, 1903)
12 THE MORNING OREGONIAN, TUESDAY, FEBRUARY 10, 1903. LYONS IS CAPTURED Murderer of Sheriff Withers Now in Jail. HE OFFERED NO RESISTANCE In Overtaken by rouse While At tempting to Hoard FrelftUt Train Scar CrcKirell Wa Unarmed When Taken. EUGENE. Feb. 9.-Speclal.) Elliot Lyons, the murderer of 'Sheriff "Withers, Is now n prisoner In the County Jail. Lyons was captured by a posse at S o'clock this morning-, while attempting to board a freight train near Creswell. eight miles south of Eugene. The outliw had thrown away his guns, and was dis puted as a tramp. Lyons was taken by accident more than by following up any trace. Edgir Par sons met him this morning In the road and recognized him. Being unarmed. Parsons did not molest the fugitive, but proceeded to gather a number of men, among whom were ex-Sheriff Xoland, "Butch" Sillier, William Buoy and three others. Following up the trick they saw Lyons board a freight train near the Mori's House. The posse jumped the same train on the opposite side and the con ductor stopped the train. As the train stopped Lyons dismounted, and hail no more than done so when several guns were leveled at him with the command to throw up. The murderer, who made boasts that he would not be taken alive for horse stealing, acquiesced like a weakling and made no attempt to resist arrest. After the arrest was made the posse telephoned tho Sheriff here and started for Eugene with their prisoner. Upon arrival here they were met by Sheriff Fl,k and the prisoner was hurried to a cell and now awaits arraignment for his terrible crime. The trial will come up at the Mirch term of the Circuit Court. The public mind Is now at ease with the satisfying knowledge that the murderer Is safely Ipdged where he will receive his Just reward. Lyons, when arrested, made no resist ance, as he was unarmed. He made a stitcmcht to his captors that he passed through Eugene last night and that he slept In a pile of railroad ties near Goshen. Xot only did he pass through Eugene, but he went to the house of a man named White, who takes care of horses for Dr. Atwood, and chmged his clothing throughout. He was In town for about an hour. He said he did not want to shoot another man, and was about exhausted from his flight across country in the stormy weather. A Urge number of extra police and deputy sheriffs are now on duty for the purpose of preventing any attempt to take the man from" Jail for summary execu tion, but while there arc some who talk of lynching, yet tho majority are sober minded enough to Insist that the law take Its course and will permit no act to re flect to the detriment of the community. MRS. LYONS TALKS. Don Jfot Seem Avrnre of Seriousness of Clinffrc Asralnst Her. EUGENE, Or., Feb. 9. SpeclaU An Oregonlan correspondent obtained permis sion from Prosecuting Attorney Brown to interview Mrs. Lyons in the Jail this evening. Mrs. Lyons was deeply de pressed over the affair and was not in clined to make any statement. She said that on account of Lyons' mother, who Is very frail she did not want to talk on the subject, but did. not seem to hare In mind her own welfare at all. By a series of questions It was learned from her that she and her husband were In the kitchen at the time the Sheriff came to the house, and that she had Just finished washing the supper dishes. "Where were -you at the time Withers wis shot?" was asked. "In the dining-room." "Did Withers come In through the sitting-room?" "When first I saw him he was in the dining-room, which Is between the kitchen and the sitting-room. Withers came from the sitting-room into the dining-room and Lyons went from the kitchen Into the dining-room." "How did the two' men meet?" "I saw Withers holding my husband by the arm. I did not hear either of them say -anything. There was not much scuf fling before the shot was fired. I don't know whether Withers had his pistol In Ills hand or not." "Did you attempt to hold either Lyons or Withers?" No answer. "How long had Lyons been about the old homer' 'About a week or more. He stayed about the house and when the weather was good Was chopping wood and" working about tho place. I don't know anything about what Lyons did .after the shooting. I have been married to Lyons 14 years." With this the woman would say no more. Lyons told .the officers today that he sot lost In the mountains the first day out, and after traveling nearly 24 hours returned to where be had started. Then he made ils way to the railroad, threw away his pistol and passed as an ordi nary tramp. Last night, while coming Into Eugene, he said he was held up two or three times by deputy sheriffs, who, finding him unarmed, allowed him to go. He admits that he had made up his mind that he would kill any man who might draw t gun on him, and Withers happened to be the man. Prosecuting Attorney Brown Is here working up evidence In the case against both the prisoners. BODY LIES IX STATE. Crowds VIctt the Ucnd Bodr of Their Popular Sheriff. EUGENE, Or.. Feb. 9.-(SpeclaL)-The body of tho dead Sheriff has been lying In state since 10 o'clock this morning, where It will remain until 1:30 tomorrow, when It win be taken to the Christian Church, where funeral services will be held. The body will be burled In the Masonic tery;. I Throngs of I people are viewing the re mains as they He In stale, over 400 having passed" during the first hour. 'The mur dered officer was more highly esteemed than any who has ever held his position, and his friends deeply mourn their loss. Just across the street from the Court house,, where the remains lie in state, the murderer who committed the awful crime and his wife, an accomplice, occupy sep arate, cells In the county Jail. Excitement I Snbuldlnfir. EUGENE. Or.. Feb. 9. (Special.) A strong undercurrent of feeling prevailed all day, and threats of lynching were free ly Indulged In, but cooler Judgment has prevailed, and at midnight everything Is quiet. Armed guards are patrolling the Jail, and the police force has been doubled. Box-Oflce Attached. v HELENA, Mont., Feb. 9. The box-offlce' receipts ot "Corianton which has been playing here for two nights, have been attached and the scenery as well. The at tachment Is at the Instance ot a firm of New York lawyers who have a claim against the Deseret Dramatic Company, of Salt Lake, which la backing the com pany. There Is also due the players $1500. It was said tonight that help Is ex pected from Banker Thatcher, of Logan. Utah, so the company may get out of town. SHOOTS OUT HIS HEART DOCKET OF 40 CASES. Judge Burnett Convenes Mnrlon Comity Circuit Court. SALEM, Or., Feb. 9. (SpecIaL)-Judge George H. Burnett convened tho criminal department of the Marion County Circuit Court this afternoon. There are about 40 cases on the docket, but there arc only a few criminal proceedings to be dis posed of. A breach-of-promlse suit for J10.000 damages and a libel suit against the Salem Journal for JCOOO arc among the principal cases pending. For the first time In about two yearn Judge Burnett this afternoon convened a grand Jury. It Is composed of E C Churchill. Englewood. foreman: S. G. Pugh, North Salem; It. P. Nye. Sidney; Joseph Strupfel, Mount Angel; E. C Titus, Stayton; X. Stocssel, Mehama; H. JL M. Conic, Buttevllle. Among the cases' that It Is presumed will receive the. Investigation john iv. pratt, of seattle, commits suicide: Wan Well-Known Newspaper Man One Time Edited Xevr York World Temporarily Insane. SEATTLE, Feb. 9. John W. Pratt, city grade tax attorney and for years a well known lawyer and former newspaper man In this city, took his own life about 9 o'clock this morning. The suicide occurred at Mr. Pratt's home, 1415 Thirty-fifth avenue. Madrona Park. A double-barrel shotgun was used. But one cartridge was discharged. The shot passed through his heart, killing him Instantly. The cause assigned for tho rish deed was temporary Insanity. So far as Is known Mr. Pratt had never Intimated to anyone that he contemplated sclf-destruc- WILLIAM HOOPER YOUNG SCXTEXCED TO LIFE ISIPniSOXMDXT. of the grand Jury Is the recent sensational scandal of jhe State Penitentiary regard ing alleged Illicit relations between Mrs. Carlisle, one of the woman prisoners, and one of the subordinate officials of the prison. Another cana that will probably be Investigated Is the reported murderous assault that was made recently, on J. J. McCormlck, chapel guard of the prison, by John McMahan, a life-time prisoner from Grant County. McMahan attacked McCormlck In the former's cell at the prison one day and with a brick came nearly murdering the guard before help reached the celL An assault of this kind by a prisoner while In the penitentiary is a capital offense In this state. SAX FItAXCISCO IS CLEAX'. Medical Men Declare Tort Free'From Bubonic 1'InRue. SAN FRANCISCO. Feb. 9.-Regardless of all the controversies that have exist ed fl t n trflPthM' t Yl Dr. T-nwn . ...... . .... - " . ...wi. VACU Ul UU- bonlc plague In San Francisco It Is agreed i- uu uib mi-uicai men mat mere Is none. of the disease hero now, and that all the danger. If ever any did exist, has long been past. Every vessel now clearing from this port Is given a clean bill of health, showing that there has not been a ELLIOT LYOXS, Murderer of Sheriff Withers, Captured. suspicion of plague here for at least CO days. In this the local Health Board agrees with the Federal quarantine offi cers. The health authorities are now pre pared t6 assert positively that San Fran cisco Is a clean nnrt. In view of the fact that there Is posltlvc- t nv ui iuo uuscttae jn me city, Dr. Vincent P. Buckley has issued the fol lowing statement: "During the past 60 days no case of bu .bonlc plague has been discovered In this city, and at no time during that time has the Board of Health, of which I am a member, published -or recorded any case of that disease. In View of this .fact ves sels clearing from this port are given clean bills of health. "It Is with a great deal of pleasure that I make this statement, and at the same time denounce as false any and all state ments contrary to what Is herein con tained. SIcncd "VINCENT P. BUCKLEY. M. D" lliahtvnrmcn Sentenced. SPOKANEA Feb. 9.-WIlllam Morrison and Joseph Barrett, highwaymen, were sentenced bv Judcn Rioharrfoin thi. " ...... ...... uiu. 41 dng to three years In the penitentiary for iioiaiog up ana roDoing a man named Euenson, on Front avenue In 'this city, last November. Euenson was drunk and a policeman was following him to see that he went home. This officer cap tured the robbers. tlon. None of the family In th house heard the report of the gun. Mrs. Pratt found the dead body of her husband evidently not more than 10 minutes after the shot was fired. He was lylns pros trate upon the floor of the bathroom in the second story of his residence. There was a great pool of blod on the floor and It was still running from the gaping wound In his left breast. The shotgun lay beside him. At first it was thought that Mr. Pratt had accidentally killed himself while cleaning the shotgun. Not until Dr. Ncwlands arrived was It posi tively determined that death was by suiclde. There was a large wound In the left breast. Just over the heart. The round indentations In the flesh made by tho muzzle ot the gun resting against It, showed that Mr. Pratt bad placed tho butt of the shotgun against tho wall. The muzzle was pressed htrd against his breast and he had leaned forward to hold up the gun, thus making the marks on his breast. Beside the dead man was the ramrod of' the gun. With It Mr. Pratt hid pushed tho trigger that sent the shot crashing Into his body. Mr. Pratt was dressed In stockings, trousers and undershirt. The undershirt he had Unbuttoned and pulled aside so that the gun would rest securely against the flesh.. Everything indicated that death wis by deliberate and planned suicide, although the decision may havo been made quickly. A strange feature of the case Is that neither the undershirt nor the flesh was burned In the least by the powder. Mrs. Selkirk, mother of Mrs. Pratt, was the last person who saw Mr. Pratt alive. Mrs. Selkirk spoke a word or two to her son-in-law Just as he was entering the bathroom. Mrs. Selkirk then went on down the stairs where Mrs. Pratt, her two sons and a little daughter were get ting ready to eat breakfast. Mrs. Pratt left the tabic to go upstairs and see why Mr. Pratt did not come. She looked Into his bedroom and did not find him. Then she called to him and got no reply. She becan a search of the kThe bathroom was tho last one to bo looKea into. The moment Mrs. Pratt opened tho door she found the body of her husband lying, face upward, straight across the room. The shotgun was be side him. The report of the shotgun was not heard by any one In the house. This Is accounted for by the fact that the bathroom door wis closed and the wind was blowing very hard, thus carrying away the sound before It could reach other portions of the h6use. Mr. Pratt was home all of last even ing. He seemed as cheerful as ever and conversed with his fiinlly until a late hour. He arose about S:30 o'clock this morning. He said he was feeling well and nothing unusual was noticed In his demeanor. Mrs. Selkirk, every member of tho family, his law partners and lntlmato friends, all agree that Mr. Pratt has been acting strangely of late. He was very absent minded and often talked about things foreign to the subject being discussed. These things were noticed, but no one thought Insanity was approaching. So strong is the belief that the suicide was caused by temporary Insanity that no Inquest will be necessary. John W. Pratt was born In England In IMS. After obtaining a legal education ho received jin Inheritance and was en abled to travel. Visiting all out of tho way places In Europe he Journeyed around the world and finally settled In South Africa, where he spent some time In the diamond fields of Grtqueland, and the gold fields of the Transvaal. He en gaged in the publishing of a newspaper, and later purchased an ostrich farm, but his birds' were killed during the last Kaffir uprising. He entered the British army, was given the rank of Lieutenant Colonel before his 'retirement and was presented with a medal for bravery by Queen Victoria. Later he was sent to Mozambique by a commercial syndicate. He come to the Utlted States about 1ST6. For several years he was managing editor and cdltor-ln-chlef of the New York World when It was owned by Manton Marble. He was later connected with Truth and with the St. Louis Globe-Democrat and then he purchased the Dallas (Tex.) Times. He was city editor of the San Francisco Call, then managing editor tot the Seattle Post-InteDlarencer, and later an authority on municipal taxation in Seattle. At the time of his death he was practicing law. FIGHT OX CLEAItWATER COUXTY. few Mentnrr Ik Sow llefore the Idaho Lower Houxe. BOISE, Idaho, Feb. 9. (Special.) The first rumbles of battle over the proposed formation of Clearwater County reached the Hquse of Representatives today, when for a time It seemed probable that an acrimonious fight would result. The threatened contest was postponed In the afternoon, however, and present Indica tions are that It will be fought out with extreme bitterness In the near future. Greer of Shoshone asked unanimous con sent to withdraw his bill for the creation of Clearwater County, stating that he de sired to press the measure no further. On the strength of this representation the Nez Perce members offered no objection to the withdrawal. Within an hour Greer Introduced an other bill creating the County of Clear water from Southern Shoshone and por tions of Idaho and Nez Perce Counties, and giving the people the right to vote 03 It two years hence. This aroused the members from Idaho and Nez Perce, who protested that Greer had committed a breach of faith. Greer and Anderson of Shoshone vigorously denied this charge, and insisted that the new bill did not re semble the old In any respect. It placed tho power of creating the new county In the hands of people who were asked to vote upon the question two years hence. Thomas zougnt to have the bill tabled after Its first reading." but could not mus ter sufficient strength to carry his motion to that effect. It Is stated by the oppo nents of the Clearwater bill that today's action destroys all hope of a compromise on the question. BUSY DAY AT BOISE. LcRlftlature 1'nn.rn Lnrse Xumbrr of Ilillti. BOISE. Idaho. Feb. 9. This was a very busy day In the Legislature, a number ot bills being disposed of. The Senate passed the House bill providing for the establish ment of a Reform School In Fremont County; also a Senate Joint resolution pro posing an amendment to the constitution permitting Inmates of Soldles' Homes to vote at the home. Bills passed by the House were: H. B. 14. Matthewson of Lemhi Em powering cities, towns, and villages to con struct newers and disposal works. H. B. 3, Black of Nez Perces Provid ing a Courthouse and law library for Lewis ton. H. B. 33, Rlblett of Cassia Creating a Council of Education. H. B. 1, Werner of Ada Making It un lawful to Injure or destroy electric lines or power-houses. An Initiative and referendum resolution was killed. Idaho Doesn't Want Referendum. BOISE, Idaho, Feb. 9. The House to day killed the resolution proposing a constitutional lmendment for the initia tive and referendum. The vote was 19 to 22. The Democrats voted solidly for the resolution and they were Joined by nine Republicans. CAnniEs our ins promises. Grant's Pass Mayor Enforces Ordi nance for Sandny Closlnir. GRANTS PASS. Or.. Feb. 9.-(SpecIal.)-Mayor Bashor, previous to his election aa chief executive of Gnni'n v. he would. If elected, enforce the' law and "'fi nu omer o romances of the city He Is maklntr that - w " - - eivru uiiu itua Dentin by demand !nrr th .Qitnfiv saloons. Yesterday morning for the first imj 111 several years DOW the front and back doors of every liquor house In the town were closed and the marehal ordered to keep them closed throughout the day and every Sunday so long as Bashor Is Mayor. The edict came somewhat as a shock to the saloon proprietors of the city, as Sun day han been a good and undisturbed day for business In the mt v... 1... . crowds that loaf about the front of salooru on Sunday were conspicuous for their ab- u"u me Business part of the town was unusually quiet. Astoria Xeirji Notes. ASTORIA, Or., Feb. 9.-(Speclal.)-Four Iaree coast defense. , 1 ' ... at Fort Columbia arrived here yesterday "mi. j.uvy ure loaaea on a barge, and will be taken across the river to the fort as soon as tho weather mod crates. The preliminary survey for the logging railroad to be built by the Bremner Log ging Company from the Harris timber tract on Upper Youngs River to tide wa ter, below the falls, was completed on Saturday. The road will be about three miles In leneth. and will tnn ,.,i..i.i. p . - - - a v illUaUiv body of timber. The city schools, which have been closed on account of the prevalence of scarlet fever In the e!- win ka 1 'J " ... " . IKLJItU next Monday, February 16, as the disease ia iiuw unuer control. The Wheeler Lumber Company has stopped operations at Nchalem. and the mill there has shut down. It Is under stood that the mill and timber lands of the company In that vicinity, have been bonded to an Eastern syndicate, which contemplates building a railroad from Ne hnlem to tide water at some point on the A. & C Railway. The steamer Geo. R. Vosburg", which has been operated by this company between Astoria. Tillamook and Nehalem, will be laid off after another trip. A southwest storm of unusual severity passed over this section of the country last night, but. so far as can be learned, very little actual damage resulted, either on land or water. Supreme Court Date. SALEM. Or.. Feb. 9.-(SpeciaL) The Supremo Court today made the following orders: State of Oregon, respondent; vs. George Smith, appellant: ordered on motion that appellant have leave to serve and file a typewritten brief in lieu of printed brief and deliver these copies to .clerk. First National Bank, plaintiff, vs. Ore gon Pulp & Paper Company, defendant; E. E. Merges ct.al., appellants; J. L. Mc Creary. respondent: ordered on motion that appellants' time to flic petition for rehearing be extended 20 days. J. H. Mlddleton. respondent, vs. Victor Land Company, appellant; ordered on stipulation that appellant have until Feb ruary 20 to serve and file Its brief. In the matter of the death of FInley C. Perrlne. late bailiff of this court. It was ordered 'that the resolutions of the Marion County Bar Association, in memory of Dyspepsia? Don't lay it to your wife's, cooking. It's your liver. Take a good liver pill, a vegetable pill, just one little pill at bedtime Ayers If it's gone so far that you are pale, weak, nervous, then talk with your doctor about taking Ayer's Sarsaparilla nam s This preparation is intended especially for coughs, colds, croup, whooping cough and influenza and has become famous for its cures of these diseases ove a large part of the civilized world. It can always be depended upon and is pleasant to take. It not only cures colds and influenza, (grip) but counteracts any tendency toward pneumonia. It contains no opium or other harmful substance and may be given to a baby as confidently as to an adult. the deceased, be filed In this court by the clerk. The case of George P. Lent et a!., ap pellants, vs. the City of Portland et al.. respondents, was argued and submitted today. Cnmblinir Must Close at IHllInR. BILLINGS. Mont., Feb. 9. As the re sult of the crusade against gambling, the County Attorney has sent out an order that all games must close. It applies to all parta of Yellowstone County, which Is the greatest cowboy county In the state, and this is one of the greatest railroad centers, being the connecting point of the Burlington and Northern Pacific. Forcer Given Five-Year Sentence. BUTTE. Mont., Feb. 9. Andrew Jen nessy was today sentenced to five years in the State Penitentiary by Judge Mc Clernan after pleading guilty to the In formation charging him with passing worthless paper. Jennessy victimized about a dozen persons In Butte with bogus checks. Attempts Suicide in Kansns. KANSAS CITY, Mo., Feb. 9. (Special.) Miss Jennie Cameron, who clilms to be a daughter of ex-Senator John Cameron, of Pennsylvania, now of Salem, Or., at tempted suicide at Lawton this afternoon. I.isrht Docket nt The Dalles. THE rAT.T.F5S rir P.h a Cn..ui The Circuit Court convened here today with a docket which promises an unusually short term. Two criminals, WVqulty and j.v iaw cases compose incjiet. Toole Poison by 3IItnke. EUGENE. Or.. Feb. 9.-(SpcclaL)-E. C. Hughes, a liquor dealer, had a narrow i escape from death ty accident today. Be- j fore noon he went to take a doa; of Epoom salts, but made a mistake and took a large dose- of sulphate of zinc. He at once discovered his mistake and sum moned a doctor. By the use of strong ' emetics and restoratives he ls now re-! ported to be out of -danger. VESSEL MAY BE LOST. Four-Mastril Gcrmnn Dnrk Ilnttltns With Breakers nt Month Columbia. ASTORIA. Or.. Feb. 9. (SpeclaD-A vessel Is In, the breakers at the mouth of the river, about a mile and a quarter south-southwest of Cape Disappoint ment light and half a mile west of Pea cock Spit. The crew Is still on board and appear to be all right, but the vessel will probably be a total loss. A report reached here from Fort Stev ens at 7 o'clock this evening that a ves sel was ashore on Peacock Spit and both of the bar tugs and the lighthouse tender Columbine hurried to the north of the river as soon as their crews could be gathered. The line 'to Fort Canby was down so.no iniormauon coma oe learnea until the return of the Columbine at midnight. Captain Richardson reports that he reached within a half-mile of the stranded vessel and with his searchlight found It to be a four-masted bark painted a lead color and red hull, the lower masts being painted white, as were the tops, and there was a German flag flying from the foremast. The crew could be seen on the top-gallant forecastle. All the sails had been furled, but later the fore and maln-topsalls were shaken out. The vessel was headed directly for the .iwu. wufc i nuicr wiisi KuiiiK uve A V. a.lll 1 l . . 1 - V. 0 1 either of the two life-saving crews. were present, to approach the vessel. tugs and life crews will sttnd by mai mere is a goou cnance to save by morning. irnii,ii 1 11 1 nil .iiuninn Annul settlement of the dispute between nrni'inM. in nfimiinn ill nil? urchin fTYih Internntlnnnl ennrt nf nrbltrati The Hague Is to render the final Glnnx' Fleet Soils Toay. away tomorrow mornlns. As lias 3llfv7 .v, ... HEADQUARTERS FOR TOURISTS THE NEW Pullman tourist car excursion service established by the Oregon Railroad & Navigation Company to St. Louis and Memphis is fast growing in favor. Each carhas a conductor and porter who make the entire trip and look after every want of the pas senger. No change of car after leaving Portland. For particulars, telephone, call upon, or write Third and Washington Sts. C. W. STINGER, City Ticket Agent .('i w vT- --. mm iii 111 1 p-zrt - H';..-vA.-.-VS 5pvi Frrei mm sf-im fKcis pie'&s'ajt'ly Acts Beneficially; cs'-lrily as a Laxaiiver. Syrup of Figs appeals to the cultured and the wen-iniormea ana xoxne neaitny, Decause its com- lz - I. . 1 1 . C 1 ,- f f UWlIJi M t - "iiwiiv IlLUltUllI CVC1 V IfLICt-LlUlltlLJl uicrubuiit 10 ine Tasie. niir tn mpmrina 4 'u' r i.x Aivtll C4.il .A..ULIIL lUlllUiiiaLlUil Ul Dlilll act most beneficially. genuine manuiacturea oy the Louisville., Kv. For by ewll druiats. bco. Ca.1. new York.N.Y. Price- fifty cents pef bottle also. He knows. J.C. Arr Co.. , ..' .4 f.