Morning Oregonian., January 21, 1904, Page 6, Image 6

TSB MORNING OREQONIAN THURSDAY, JANUABY 21, 1904.
FI8HT FOR A NECK
Armistrong's- Attorneys --Argue
Before Supreme Court.
APPEAL FROM EAKIN'S ORDER
Contend That If Murderer-Is Hanged
at All He-Should Be Executed
Within the Walla of the
State Prison.
SALEM, Or., Jan. 20. (Special.) The
Armstrong murder case was argued on
appeal by Bentley and Godman for the de
fendant and Attorney-General Crawford
for the state. The appeal was from the
order of Judge Eakin, fixing the date upon
which Armstrong shall be hanged, and
Involved only the question whether the
law as It was amended at the regular
session of the Legislature In 1903 author
ized an execution at the county seat.
Without admitting that Armstrong can
be hanged at any place, the attorneys for
defendant argued that If he is hanged
at all, the execution must take place at
the Penitentiary. They cited the act of
1903, which provides that hereafter, exe
cutions shall take place within the prison
walls, and then contended that the act
did not make any excentlon of a case
such as Armstrong's. The act provided
that where a warrant had been issued
prior to the taking effect of the new law,
the execution shall take place at the
county seat.
Messrs. Bentley and Godman argued that
the appeal to the Supreme Court set
aside the warrant first Issued and that
after the Judgment had been affirmed a
new warrant must be Issued. They con
tended that, although Judge Eakln bad
attempted to set a new uate for the exe
cutlon. he had, in fact. Issued a new
warrant, and bis order must be so con
sldered, although It might be called . by
some other name. Since a warrant had
been Issued subsequent to the taking ef
fect of the new law, they contended that
the execution must take place at the
prison, If at au.
Attorney-General Crawford opened his ar
gument by reciting the fact that Armstrong
had been given a fair and impartial trial
and had been heard on appeal, and that
all his rights guaranteed by the Consti
tution had been observed. He said that
the date of the fixing of execution is a
mere incident In the proceedings and that
the requirement that a convicted man be
hanged on specified date is directory and
not mandatory- He cited authorities
showing that at common law and under
the statutes of othet states, if the hang
ing did not take place on the day set.
a later day can be fixed. As examples
of this he cited cases In which the do
fendant had escaped and In which the
Sheriff had failed to perform his duty.
In both Instances the court held that a
new day could be set for carrying out
the directions of the eld warrant.
Attorney-General Crawford raised a new
question by asserting that the Supreme
Court has no jurisdiction to hear this
appeal. He cited 'section 1464 of the code.
which provides that the defendant In
criminal case may appeal to the Supreme
Court from a Judgment on a conviction
In a Circuit Court, or from an order re
fusing to dismiss the Indictment as pro
vided in section 1x9. Mr. Crawford con
tended that In fixing the time for exe
cution Judge Eakln had not rendered
Judgment of conviction and that, there
fore, the defendant had no right of appeal
from the order then made. He said that
Armstrong had already appealed from the
judgment of the lower court and that the
judgment had been affirmed and no fur
ther appeal Is authorized.
In his argument Attorney-General Craw
ford said that Armstrong should not be
permitted to complain at the change In
the time of execution, for the failure to
hang him at the time first fixed was due
to his own act in appealing.
Attorney Bentley answered this by say.
Ing that In appealing Armstrong had done
only what the law gave him a right to
do, and that while his case was pending
on appeal the Legislature changed the
law governing executions without his
knowledge or consent.
Mr. Bentley took the viev. that when
the amendatory act was passed the old
law authorizing an execution at the coun
ty seat was repealed, and since this re
peal was without Armstrong's consent, he
had a right to take advantage of the
repeal.
The Supremo Court took the case under
advisement and a decision is expected to
morrow. Attorneys Bentley and Godman
returned to Portland this evening to pre
sent x their habeas corpqs case before
JUdgo Gilbert or the United States Circuit
Court They say they will take no appeal
from the decision of the Oregon Supremo
Court, whatever it may bo.
Armstrong Joins Catholic Church.
BAKER CITY. Or.. Jan. 20. (Special.)
Rev. Father Ollvotti, of the Catholic
Church, administered the rites of bap
tism to Pleasant Armstrong this after
noon and he Is now a member of the
Catholic Church. Armstrong expressed a
preference for the Catholic Church, and
after mature consideration he sent for
Bishop O'Reilly and Father Ollvotti this
morning, and to them ho made a full
and complete statement of his beliefs and
nonbellefs.
Thoy explained to him tho requirements
of the church and he expressed a willing
ncss to be baptised. A large number of
his friends from near Haines, men and
womon. called to see him today. He has
been advised of the efforts of his at
torneys to obtain- a stay of proceedings,
but be docs not have- any hope of. suc
cess. He is satisfied that he. will be exe
cutes Friday.
All arrangements for the execution were
completed by Sheriff Brown this after
noon, i
Goes to See Armstrong Hang.
SALEM. Or.. Jan. 20. (Special.) Su
porlntendent C. W. James, of tho Oregon
Penitentiary, went to Baker City tonight
to be present at tho Armstrong execution.
If tho hanging should take place on Fri
day. Superintendent James will execute
Murderer Egbert at the prison a week
from Friday.
HAVE LOST MANY DEBATES.
University of Oregon Students Realize
That Hard Work Must Be Done.
UNIVERSITY OF OREGON. Eugene,
Jan. 20. (Special.) As a result of the
unanimous decision rendered against Ore
gon at the recent contest with Whitman
College more interest Is taken in debating
work. The students are coming to realize
that the university has not won an inter
collegiate debate since Oregon defeated
Washington in 1902. Consequently many
men are preparing for the tryout debate
which Is to be held February 6, for the
purpose of selecting a trio to meet the
representatives ot Pacific University.
Twelve men will participate in the first
tryout. and the six strongest speakers'
will hold a second tryout, when the three
men adjudged to be the most effective de
baters will be chosen to represent the
university In the debate with the Pacific
I nlvorslty men.
The question to be discussed has been
submitted to the Forest Grove students,
but the choice ot sides has not yet been
made. The committee' on oratory and de
bate arranged lor the tryout debates to
be held upon the same Question that has
been submitted to Pacific In order that the
local men. may get a more adequate
Knowledge or the subject. The question
submitted reads as follows:
"Resolved, ?That the history of trade
unionism In 'the United: States in the past
20 years shows a general tendency detri
mental to the best Interests or the coun
try." The men that have entered Into the con
test to debate against Pacific University
are nearly every one freshmen, due to the
fact that the upper classmen consider the
debate with the University of "Washington
to be of greater Importance. In the face
of this fact, however, a strong debating
trio will meet the men from Forest Grove
fend every effort Is making that the unl-
ersity may again develop some strong
debaters.
Preparatory Department Eliminated.
UNIVERSITY OP OREGON, Eugene,
Jan. 20. (SpeciaL) President P. -L. Camp
bell today returned from Portland, where
he attended the regular annual meeting
of the board of regents of the university.
Mr. Campbell Is well pleased with the at
titude of the regents toward the university
and expressed himself s heartily in fa-
or of the action taken by the board in
doing away with the preparatory depart
ment of the university.
He is especially glad that the prepara
tory department has been removed, as it
will give the university an opportunity to
do more graduate work, and will cause the
high school system of the state to be de-
f-veloped so that students will be able to
graduate from the state high schools and
enter the freshman class of the university.
HIGHWAYMEN AT ROSEBURG.
Judge Fullcrton and Another Res!
dent Stopped by Stalwart Robber.
ROSEBURG, Or.. Jan. 20. (Special.)
Two hold-ups occurred here last evening
within a period of 45 minutes, and al
though taking place In widely different
localities are both believed to be the work
of one person.
One of the victims was Hon. J. C. Ful-
lerton, who was on his way over from hl3
home- In West Roseburg about 6:30 P. M.
He was stopped on the bridge across the
South Umpqua River and compelled to
give up the small amount of pocket
change he happened to have with him.
About 7:15 in North Roseburg, Oscar J.
Slgnalness was stopped by a tall man
answering exactly the Same description as
the one who held up Judge Fullerton, He
was about six feet taland worea light
or gray-colored suit of clothes and a
white handkerchief was tied across the
lower part of his face. Slgnalness, who
had several dollars on his person, refused
to deliver and seized the barrel of the
highwayman's revolver, and a moment
later was struck over the head with some
heavy article which caused two' scalp
wounds, which bled freely.
The would-be robber then hastened away
In -the darkness without any booty. Slg
nalness went to a house in the next block
and phoned for the police. The robber has
not yet been caught
Match Company Gains a Point.
OLYMPIA. Wash.. Jan. 20. (Special.)
The peremptory writ asked by the Wash
ington Match Company, which will enable
the big Tacoma corporation to' keep out
of the hands of a receiver, pending de
cision on Its appeal -from the order of the
lower court appointing such receiver, was
granted by the Supreme Court today.
Judge Huston, of Tacoma, ordered a per
manent receiver for the company Decem
ber IS. The company gave notice of -repeal
to -the Supreme Court, but Judge
Huston denied it the right of appeal and
refused to fix the amount of the bond
required to supercede the receivership
pending such appeal.
The company made appeal for tke tem
porary writ directing Judge Huston, to
fix the amount of bond, and the writ was
granted today, the decision being to the
effect that the company had the right of
appesl and could, therefore, supersede the
receiver with a bond pending its appeal. J
Desertion Charged in Three Suits.
OREGON CITY, Or.. Jan. 20. (Spe
ciaL) Three divorce suits, all alleging
desertion, were instituted In the Clacka
mas County Circuit Court today.
A. W. Melton charges Jennie Melton,
whom he married at Pendleton, July 1,
1902, with having deserted him on the
10th of the same month.
Katherlne Cornell accuses Clarence Cor
nell with having abandoned her after five
years of married life. They were mar
ried at Skamokawa, Wash., December,
1898, and desertion followed at Ranier in
1903. Plaintiff asks for the custody of
one minor child.
Lettie Poyser wants to be legally sep
arated from" Frank Poyser. to whom she
was married In this city in July, 1902. She
alleges that Poyser deserted her In Jan
uary, 1903.
Instruction for Militia Offcers.
OLYMPIA, Wash.. Jan. 20. (Special.)
Governor McBride has been requested by
th War Department to recommend by
March 1 a limited number of the Na
tlonal Guard of this state who desire to
take a year's course of study in the Gen
eral Service and Staff College at Fort
Leavenworth or the Artillery School of
Fortress Monroe, Va,
In accordance with the act of 1903, the
Govtrnment will provide first-class trans
portation and '4 cents per mile mileage to
and from the school. In addition to quar
ters and subsistence at the rate of $1
per day to officers taking either course.
The Governor s recommendation is ac
cepted in lieu of examination.
Little Work Done on Bridges.
OREGON CITY, Or.. Jan. 20. (SpeciaL)
The aggregate cost of conducting the af
fairs of Clackamas County for the year
1903 .was 537.227.30, as against $47,616.80 for
the year 1602. This saving of $10,000 In ex
penses of the county was accomplished
largely In the bridge account. In which,
because of a lack of funds, work was
largely suspended during the year Just
closed. -
Little Wasco Land Sold for Taxes.
THE DALLES, Or.. Jan. 20. (Special.)
A delinquent tax sale for- the year 1902
was held at the Wasco County Sheriff's
office today, at which' several hundred
acres of. land changed hands. The delin
quent list as published was reduced
about one-third by settlement.- the sale
being the smallest of delinquent property
ever held In the county. Most of the land
sold lies west of the city.
Linn County Hop Contracts.
ALBANY. Or., Jan. 20. The first, hop
contracts recorded In Linn County this
year were filed with the County Recorder
yesterday. They are as follows: A. C
Hauaman. o Brownsville, to Faber &
Nets, of Salem, 10,000 pounds of 1904 crop
at 15 cents; Luey Gee, a Brownsville
Chinaman, -o Faber & Nels, 6000 pounds
of 1901 hops at 17 cents.
Extradition for "Eliza" Pyles, Jr.
SALEM, Or., Jan. 20. (Special.) Gov
ernor Chamberlain today honored a requi
sition from the Governor of Missouri for
extradition of "Eliza." Pyles, Jr., who i3
wanted In that state to answer to a charge
of criminal assault In Shannon County.
The defendant is under arrest in Oregon
City. While the name in the extradition
papers is "Eliza" it is evidently intended
to be "Elijah."
Address by President Young.
UNIVERSITY OF OREGON. . Eugene.
Jan. 20. (Special.) Professor F. G. Young
delivered an address before the university
today on the subject, "The Students' Bear
ings at the Opening of the Twentieth Cen
tury. The address, was based upon the
power to be gained, from mental unity and
was received, by a large audience-
SNOWFALL MEANS GOLD
SOUTHERN OREGON BENEFITED
BY RECENT STORM.
Work Belrig Carried On In Somo of
the Big Properties In the VIcin-.
ity of Jacksonville.
JACKSONVILLE, Or., Jan. 20. (Spe
cial.) Monday the first heavy snow of
the Winter. felL in the-lower valleys
it melted as it fell, but on the hills
and mountains it laid on -and is from
four inches to six feet in depth. t Snow
on the lower levels of Rogue' River
Valley Is rare, onco in eight or ten
years, but in the hills there is snow
every Winter, and a heavy fall affords
a, prosperous year to miners and stock
men, for it insures plenty of grass on
the ranges and a long season of water
in the smaller streams that enables
hydraulic mining to be carried- on all
or a greater part of the year. Owing
to light rains and snows this Winter
placer mining has been somewhat
handicapped, but owing to the in
creased number ot claims being
worked, tho output or gold will be ful
ly up to the average, and possibly
above.
At the famous Sterling mine, south
of Jacksonville, owned by Henry An
kney and VIn Cook, the two big giants
DEATH OF MRS. R, E. KIRK
Mrs. K. E. Kh-k.
have not yet been started up, and no
piping will be done for a month yet,
while a change in tho ditch Is being
made. Mining, though, Is being carnea
on by drifting, 14 men being employed
In flav and nisrht shirts. Where this
work is being carried on Is in a bank
too high for profitable piping, and it
Is turning out the gold In quantities
to delight even a minor ot tno ous.
At thpi hie- sturirls mine, on Forest
Creek, south of Jacksonville, recently
sold by A. W. Sturgla ror 535,000 casn
to S. A. Vance and W. L. Olmsteag.
California capitalists. DiDinff is now
being carried on night and day by two
No. Z giants. An electric asm. sys
tem, operated by water power, has re
centlv been installed by Electrician E.
F. Gurner, of Medforet, mat carries
both arc and incandescent lights, by
which, the mine, store, rnesshouse and
dwellings belonging to the company
are lighted. Tho company has also
put up a large derricic, operated by a
donkey engine, for handling the big
Vmi1rtrs nn the dumn. The OUtDUt of
this mine, while always large, will bo
more than double this year or any
previous year.
At M. Spauldlngs mine, also on For
est Creek, operated by E- A. Spauld
lng and others, of Tacoma, two No.
2 elants are belnsr operated, one for
piping and one for driving the rock
over the dump. Work is being carried
on with great activity by Mr. spauia-
ing, and the clean-up next bpnng or
this mine Is sure to be quite large.
D. J. S. Pearce & Sous, who are min
ing on Poorman Creek, and .operating
a No. 3 giant, nave recently aaaea a
No. 1 giant. They have opened up
more new ground this Winter that Is
both easy to handle ana quite ricn.
The. Odd auartz mine, on Jackson
Creek, near Jacksonville, was started
up last week by J. W. Opp. A five-
stamp mill Is being operated and con
siderable ore of good value is being
handled. The mining carried- on is in
the nature of development of work,
and as some high-grade ore Is being
opened up there Is a reasonable cer
tainty that the capacity of the mill
will he Increased to 30 or 40 stamps
before the close of this year.
BROTHER JAMES LEFT ALL
Dead Millionaire Dunsmuir Wanted
to Be Sure.
VICTORIA, B. C, Jan. 20. H. Maurice
Hills, solicitor, who drew up tho will of
1898 for Alexander Dunsmuir, gave evi
dence this, afternoon In the suit brought
by Edna Wallace Hopper against Jamas
Dunsmuir to break the will of Alexander
Dunsmuir. that A?hen he had given the
will to Alexander Dunsmuir. tho dead
millionaire had said:
"Does It leave everything absolutely to
James?" Witness replied:
"Absolutely." Dunsmuir then said:
"Then I'll sign it."
In cross-examination, witness said
Dunsmuir had looked dissipated when ha
saw him previously, as if he drank heav
ily. Witness knew of the will of 1899, now
in question. He had advised Dunsmuir
to retain the previous one. The sisters
were much dissatisfied with the second
will, that of 1S99
Witness told of conversations with
James Dunsmuir, advising him to tell the
sisters that the will of 1899 had merely
been signed on account of Dunsmuir's
marriage Invalidating that of the previous
year. The second, will was similar to the
first.
BARBER HELD FOR BIGAMY.
Dalles Father-in-Law Hears of An
other Wife in Chehalis.
THE DALLES. Or., Jan. 20. (Special.)
Harry Mason, a barber, was arrested
here this afternoon at the instance of
George Bunn, a well-known resident of
this city, on a charge of bigamy. Less
than a month ago Masonr was married to
Bunn's daughter, a ypung girl of 19 years.
It is now believed he has a wife living
In Central la. Wash. :
Mason is now held .in the County Jail
pending Investigation of the charge.
SON INSANE IN SOUTH AMERICA
Farmer Near Enterprise Offers. $1000
to Any One Bringing Him Home.
ENTERPRISE, Or., Jan. 0. (Special.)
R, Baslm. a farmer who lives near this
town, this week received the intelligence
that his son. Judson Baslm. who left here
about two years ago. was in Argentine
Republic, South America; that he has
become insane and among strangers with
no one to care' for him. Mr. Baslm, upon
learning of his son's condition immedi
ately offered to" any one who would go
to Argentine Republic and bring his son
back, home 51000 and expenses lor tne
trip.
Several have offered to go, but it is not
known, as yet whom be will select to send
on this long errand.
After leaving here twq years-ago -Judson
Baslm has been heard from -but oncei
havirur. written a letter to the county
paper here a few months, -alter, his de-'
parture. He was- then In Mexico ana since
that time no one knew of his, whereabouts
until his father received, the letter In
forming him of his son's insanity.
BICE BOYS SENT TO PRISON.
Horsestealing Is the Crime of Which
They Were Found Guilty.
ROSEBURG, Or., Jan. 20. (Special.)
Bert Bice, the notorious young horse
thief, pleaded guilty yesterday on two
indictments and, was sentenced by Judge
Hamilton to two years in the" Peniten
tiary. .Young Bice only last August com
pleted a term in the State Prison for
horsestealing.
A. E. Brown, an itinerant printer, who
forged two small checks here, also plead
ed guilty and was sentenced to a term of
two years In the Penitentiary.
Harvey Bice, a younger brother of Bert
Bice, who was Implicated with the latter
In hb last escapade, also pleaded guilty
and was sentenced today to the Peniten
tiary for two years for horsestealing. Two
younger boys of this same family are now
in the State Reform School.
Frank Randall was sentenced- to ons
. ST. PAUL. Ok, " Jan,. 20. ISp
claL) On January 16, after a brief
illness, Mrs. Robert Emmet Kirk
died at1 her late home, St. - Paul,
Or. She was a naUve Orecontan,
having been born of "pioneer parents
at Yamhill, on January 6r 1SC1.
Her father. Miles .McDonald, died
In 1876. Mrs. Klric Is survived
by an aged mother, five sisters and
two brothers, she herself being- the
first of the eight children to pass
away.'
Besides her bereaved husband Mr.
R. E. Kirk, three small children . '
are left to mlso a mother's carer
Lawrence, aged 5; Donald, aged
and Agatha Helen, two weeks old.
The funeral eerrtces took place
on Monday at 10 o'clock, when
, Very Rev. James Rauw, pastor of
St. Paul's Catholic Church, sang
a requiem mass, and preached th6
funeral sermon. The Interment took
place In the old pioneer cemetery,
- where she was laid to rest beside .
f her father,. Miles McDonald, and
Her grandparents. Claries and Mart
. Galloway, pioneers of 1832.
year in the State Prison for grand lar
ceny of money and clothing from a fel
low farmhand.
ZION ON WHIDBY ISLAND.
Follower of Elijah III Says Dowle Has
Project in Mind.
EVERETT. Wash.. Jan. 20. (Special.)-
John O. Crisp, a Dowle" follower, living
at Clinton, on Whidby Island, who 'has
been distributing Elijah literature here,
alleges that he Is In correspondence with
Dowle and believes a Zion will be start
ed on Whidby Island.
NORTHWEST DEAD.
" Mrs. James Ffnlaysbn.
ASTORIA, Or., Jan. 20. (SpeciaL) A
telegram was received here today stating
that Mrs. James Flnlayson, of this, city,
died this morning at Frulldale, Cal. Some
months ago Mrs. Finlaystjn was stricken'
with paralysis and Had been an Invalid
since that time. A few weeks ago she
was taken to California in the hope that
her health would Improve there. The re
mains will-be brought here for Interment,
but the arrangements for the funeral .will
not be made until the body arrives. The
deceased was a native of Scotland, about
55 years of age, and leaves a husband
and four sons, two of whom reside here,
the other two being residents of San
Francisco.
Miss Nellie C. Evans.
SALEM, Or.. Jan. 20. (Special.)
Miss Nellie C. Evans, daughter of Mr.
and Mrs. J. G. Evans, died this morning,
aged 23 years. The deceased was a pop
ular. young woman and a prominent mem
ber of tho Women of Woodcraft Be
sides her parents, she leaves three broth
ors and one sister, John A. Evans, of
Douglas Island, Alaska; William and Jo
seph Evans - and 'Miss Minnie Evans, of
Salem.
David Gilmore.
HELENA. Mont., Jan. 20. David Gil
more, 72 years of age, and a pioneer of
Montana, died suddenly of heart failure
in bis cabin in the mountains west of
Helena today. Gilmore discovered Bald
Butte mine, for many years the leading
gold-producing property In the state. Ho
died In poverty.
Levi'Bartmess.
SALEM, Or., Jan. 20. (Special.) Levi
Bartmess, for many years a prominent
resident of Stay ton, died at the home of
John M. Howell, near this city, today.
aged 73 years.
Best Talent for the Teachers.
SALEM, Or., Jan. 2a (Special.) The
executive committee of the Western di
vision of the Oregon State Teachers' As
sociation has fixed June 29 to July 1 as
the date for the next annual session. The
committee has decided to secure the serv
ices of one of the best educational lec
turers of the United States for the session
and to make this the best teachers' meet
ing ever held In Oregon. The officers of
the association are:
President. D. A. Grout; first vice-pres
ident, E. V. Littleneld; second vice-pres
ldent, B. F. Mulkey; secretary, G. W.
Jones; treasurer, Caroline Barnes; execu
tive committee. D. A. Grout, J. H. Acker-
man, H. D. Sheldon, J. C. Zlnzer, R, F.
Robinson.
La Grande Commercial Club Election
LA GRANDE, Or., Jan. 20. (Special.)
A meeting was held at the La Grande
Commercial Club last night for the annual
election of officers and directors, which re
sulted as follows:
President, T. W. Walsh: first vlce-presl
dent, J,. W. Scriber; second vice-president.
William Miller: secretary, R. L Lincoln
treasurer, W. J. Church; board of dlrec
tors, A. S. Geddes, J. Colder. F,
Myers, James M. Murphy, B. E. Romig.
A. V. Andrews, C. L. Melqulsf, Turner
Oliver and J. H. Peare.
Will Buy Pictures for Schools.
SALEM, Or., Jan. 20. (SpeciaL) An en
tertainment and picture exhibit will be
given at the City Hall in Salem; Friday
evening, for the purpose of raising, funds
with which to purchase pictures "to bang
in the public schoolrooms. A committee
of leading ladies and gentlemen has taken
the work in hand and is meeting with
generous, assistance.
At the entertainment tomorrow evening.
Superintendent of Public Instruction J. H.
Ackerman will deliver an address on "The
Pedagogical Value of Pictures."
TO CURE JL COLS IX OXE DAT
Take. Lax&ilre Eromo -Quinine Tablet. All
aniffliti reruao. tne money 11 it xaJis to cure
E- "VY. Grove's signature is on CAch box. 25c.
ESTIMONY OF A RESCUER
CAPTAIN MANTER, OF TUG SEAl
Says, the Sea Was Too Rough for
Him to. Approach Close to the -
Ill-Fated Vessel.
SEATTLE, Jan 20. Captain Charles C.
Manter, master of -one of the rescue tugs,
and Frank Treer, purser of the lost ves
sel, were the principal witnesses lntha
Clallam . disaster investigation today
Briefly but clearly Captain Manter out-"
lined the part he and his vessel had played.
In the rescue of the passengers and. the
crew of the Clallam immediately after the"
steamer foundered.
Treer calmly described' the scenes prior
to the, sinking of the vessel, from the thne,
he began issuing life preservers until
few minutes before the Clallam
went down. His. was one of . the narrowest'
escapes. With Captain Roberts and others
he was rescued from -a raft and taken
aboard the tiisr Richard Holvoke. which
was lowing the Clallam. Both the captain
and purser were well nigh lifeless and It
took some time fully to revive them af.ter
uiey were nuuieu. aooaro. -
Among other things; Captain Manter. in
narrating what he and the Sea Lion had
done, said: "The first" intimation of tho
disaster I received was about 6:15 o'clock
M., of January 8, when I saw Captain
Libby.iHe told me to go at once and I left
this port at 7 P. M.. arriving at Port
Townsehd at 10 05. .Fifteen minutes after
Heft Tpwnsend, and. arrived at the scene
or.; tne uiaiiam disaster, at 1 A. ii. x was
ln,h'o act of speaklngthe Holyoke-, when
saw lurhts on the steamer, which I thten
approached.1? From the steamer I was told
to go and tell the Holyoke to let go: that
the -ship was fQundering, and to bo quick
about It. When I cot back the Clallam
seemed o take a. little sheer, followed by
a crash, and .then she went down.
"The scene I witnessed there was some
thing! don't want to witness again if I
.can-help it. People were floundering In
Jthe" water and crylrfg for help everywhere
about me. We. -picked up a good many.
just how manxilvcannot recall. Our small
.lifeboat, 21 feet long, rescued seven. Others
,T.wo Tta.Ken aooara irom tne water and
wreckage."
The witness was asked varjous questions
as to tlve state of- the weather be
tween 9 and 9:30 o'clock, about the time
the Holyoke reached the Clallam. He re
plied that he could not tell just what it
was there, but that at 9 o'clock, when ho
was going down the Sound, he found It
-ery rough. It was blowing hard.
Captain Manter stated that heflrst aiJ-
proacned tne Clallam to within 100 feet
nut tnat he did not care to gat closer.
These questions were apparently put with
view to determining whether It would
have been possible in such weather for
eiuicr uie oea j-iion or noiyoKe to nave
got alongside the Clallam close enough
to have permitted a transfer of tho pas
sengers.
"We (the Sea Lion) could not set ud
alongside," Captain Manter answered. "If
I had got alongside the Clallam and we
had come together, that would have been
the last of the Sea Lion, too. No. I had
no trouble in finding the Clallam. We ap
proached eer in answer to the signals."
.rurser Treer testified that the first in.
formation he had of anything wrone on
the Clallam came from Chief Engineer De
JUiunay..
"De Launay," said the witness, "becan
by saying that he was .going ' up to ask
uaptain itooerts- to put her (the Clallam)
up into the wind. I think we were then off
Dungehess and my recollection is that
the chief said the steamer was takine
water through her port holes. The conver
sation took place, as I remember, on the
starnoard sie ox the passenger deck. The
vessel was rolling heavily, and the women
and children were frightened. .
"Half an hour af.ter I talked' with the
chief, I got out the life preservers and it
was perhaps within -40 minutes from the
conversation with the chief that the boats
were lowered. It was no great length of
time In any event" :
Was there' any protest from thns
aboard about the people EOlnif In tha
boats?" Captain Whitney asked.
"None at alL Everybody seemed to think
it the best course. I certainly did. Yes, x
thought It a good plan to launch the boats
at that time and apparently everybody
thought it a good plan."
COVERED TRACK -AT CORVALLIS
Agricultural College Athletes Can. Be
gin Training Early.
CORVALUg, Or.. Jan. 20. (Special.) ,
At a meeting 01 the student body at the
college this morning a large fund was
raised for use In providing a covered
track for the athletic team. The track
is to be 120 yards in length and 20 wide,
and will be used by trackmen for-Winter
training. For the covering a heavy canvas
will be stretched over a frame of scant
lings and wires. The structure Is so
planned that out of season it can bo
taken down and uut away for safe kenn
ing. It will be ready for use by February
i, ana at tnat time track men will begin
lignt worn.
The prospects for the coming Swine's
track team at the college were never -so
bright. The entrance of A. B. Coates. the
well-known Albany athlete, for a four
years' course at the college adds material
ly to- the aggregation. With all the sea
soned men of last year available and many
new ones to De developed under the mas
ter hand of Physical Director Trine, Mtis
believed that the local team will have a
good show against California teams, and
negotiations for a Southern trip have been
taKen up.
PIRE DEPARTMENT REVIVED.
Corvailis Will No Longer Be at the
Mercy of the Flames.
CORVALLIS, Or., Jan. 20. (Special.)
For four months or more Corvailis has
presented the strange phenomenon - of
city of nearly 3000 Inhabitants without
fire department. After a thrifty existence
of more than 30 years, the local depart-.
ment a year or two ago began to wane,
and about four months ago practically
ceased to exist altogether. Meetings were
not thereafter held, and local firemen de
clared the organization to be a thing of
At a late meeting of the City Council,
Fire Chief Sheasgreen reported the con
dition, and Robert Johnson was appointed
by that body to undertake the rehabilita
tion of the department Topight an en
thusiastic meeting of citizens ,and young
men was held at the City Hall hnd the
department was reorganized, with a large
membership, and a. complete reversal of
The new department has complete equip
ment In the way of apparatus and appli
ances for fire fighting, and a threatened
advance of Insurance rates apparently.
in prospect will doubtless be stayed.
DOGS POISONED AT WHOLESALE
Superabundance of Canines at Cot
tage Grove Materially Reduced.
COTTAGE GROVE, Or., Jan. 20. (Spe
claL') Some unknown persons have dur
ing the last three days been making a
crusade on the dogs of this town. A large
number of them have been poisoned. Bird
dogs, hunting dqgs and pet dogs have
shared alike. Some of them were valu
able, having been trained for hunting
birds, and their owners are greatly en
raged at the loss of their companions.
It 13 supposed that the motives for pois
oning these valuable dogs are that there
being so many here they become a nuis
ance on the public- thoroughfares. Tho
remainder of the dogs are either muzzled
or kept in seclusion.
THE0LD RELIABLE
Afooimfgy Pur
WERltiS NO SUBSTITUTE
WEEDING "OUT BAD 'ONES
EASTERN OREGON SHERIFF IS
BREAKING UP GANG.
Bill Cottlngham, Arrested for Horse
stealing, Comes of a Family That
Has Attained Notoriety.
ENTERPRISE, Or.. Jan. 20.-(Special.)
Bill Cottlngham," who is known in
Wallowa County as "Coyote Bill," has
been arrested in Asotin, Wash., on tho
charge of horsestealing. Cottingham, It
is .alleged, belongs to a gang of rustlers
In this section, and has been a close
friend of Brick Johnson, who was ar
rested recently at Billings, Mont.
It seems to be the determination on
the part of the Sheriffs of this and' Aso
tin country effectually to rjd the coun
try of a clique of rustlers who have
been carrying-on their operations in the
adjoining counties of Washington, Idaho
and Oregon for the past several years.
Cottingham has a brother, "Jim." who
has served one. term in the' Oregon Pen-
ltentlary for cattle stealing and Is now
serving another sentence for stealing a
watch.
This tallies well with the history of
the remainder of the Cottingham family.
the father of these boys having been a
member of Quantrell's band and later
Joined the Union Army during the Civil
War. He raised a family In Missouri,
which he deserted and came West, Mar
rying again," he settled on a homestead
In this. county some 20 years ago and
raised tho family of which "Jim" and
"Bill are members.
After his death three years ago his
wife attempted to secure a pension as
a soldier's widow, but could not furnish
the requisite proof of a marriage cere
mony, ever having taken place between
her and Cottingham. She' and her two 4
young daughters soon went from bad
to worse and became very notorious.
Public sentiment "In Enterprise forced
tthem to leave, and they took up their
residence in Joseph.
The citizens there Taided the house one
night, handcuffed the three women, and
were loading them Into a wagon prepara
tory to taking them out of town when
two young women from Portland, who
were' at the hotel, heard the screams of
the women and ran to their rescue,
thinking that someone was in danger.
This interference fustrated the mob's
plans and the Cbttinghams remained a
few days longer, leaving, however, when
their transportation was furnished to the
railroad. They have been heardof late
ly at Lewlston, Idaho.
THREE DISTRICTS INSTEAD OF 40
New Road System, in Clark County
Will Save Money.
VANCOUVER, Wash., Jan. 20. (Spe
cial.) The road, supervisors appointed by
the County Commissioners for the three
road districts in Clark County are: East
District, J. P. Swanson; West District
A. Smiley; North District, O. Shlntaffer.
There has been a change in the road
government system which divides the 42
districts lnto.hree and places the work
01 me z supervisors lormeriy elected in
the hand3 of theithree' who are appointed.
Under this system rill road tax must be
pais In cash. ' Heretofore this tax could
be- worked out . The entire control of
the road and bridge fund .is In the hands
of the County Commissioners, which af
fords more systematic work and gives
ah opportunity to purchase Improved road
machinery.
. Instructions have been given already for
the County Auditor tc advertise for bids
on a steam roller, a . horse roller, and
ten 3,-mcn wagons ipr naming gravel
Previous .experience has proved that it
'is advantageous for the county to own
its own" gravel wagons'.
There are five main roads leading from
Vancouver, viz: Fruit Valley, Main street
Fourth Plain, Mill Plain and the River
road. The largest travel is upon the
Main street and the Fourth Plain roads.
Since the advent of the railroad In the
county, other roads are becoming- more
Important Ridgefield" s the center on
the, Washington & Oregon, while on the
'Pacific, "Vancouver and Yakima, Brush
Prairie. Battleground and Yacolt are be
coming Important consequently the roads
near these places are In bad shape.
The funds, at the Commissioners' dls
posai at tne present time amount to
$33,000. Of this amount $4393 Is from
District No. 1, $5515 from East District,
and $7702 from West District The balance
belongs to the general road and bridge
fund. The amount belonging to a dis
trict must be expended on the district to
which It belongs.
Those who are Interested In the matter
state that this system will be both
cheaper and more advantageous than any
system that has been tried here
DOWIE HELD FOR ALLEGED DEBT
SanFrancisco Man Says He' Loaned
the Money Twelve Years Ago.
.SAN FRANCISCO, Jan. 20. Hugh Craig,
Insurance agent and ex-president of the
Chamber of Commerce, appealed to the
courts today to recover $262.46 from John
Alexander Dowle. Mr. Craig In his pe-
tlon claims that 12 years ago the ruler
of Zion borrowed $27i2.63 from him. Ail
of it was returned except the amount
sued for. and that it is alleged. Dowie
refused, to pay.
Dowie had planned to sail fofySydney
tomorrow on tne steamer aonoma.
Asked to Make More Definite.
ASTORIA. Or.. Jan. 20. (Special.) A
mouon was filed In the Circuit Court to
day by the attorneys for the defendant
in the case of Charlotte Grlmberg, ad
ministratrix, vs. The Columbia River
Packers' Association. It asks that the
plaintiff be directed to make the com-
7
plaint more definite and certain In that
she be required to allege whether or
not in the hiring ot the ship St Nicholas
the command and navigation thereof
was retained by George W. Hume &
Co., the owners, or was turned over to
and possessed by the defendant company.
which-was the charterer.
The suit was brought to recover J5000
for the death of Emanuel Grlmberg, hus
band ot the plaintiff, who was killed In
August 1901, by falling from aloft on
the American ship St. Nicholas, while
employed as a sailor during the passage
from Bristol bay. Alaska, to this port
The motion filed today will be argued
before Judge McBride on the convening
of the .regular term of court next month.
Receipts of Washington Postoffices.
OLYMPIA, Wash., Jan. 20. (Special.)
A statement issued by the Government
Postofllce Department has been received
in Olympla showing the postal receipts of
all the second-class postoffices ot tho
state. Of the 12 postofRce3 of this class
the City of Everett shows the largest
receipts, with Whatcom second, but in
percentage of gain over the " preceding
year Olympla leads, with Ballard second,
and North Yakima third.
The following table gives the gross re
ceipts of each city for two years and tha
percentage of increase or decrease:
City. 1903 1902. Inc. Dec,
Aberdeen $11,457 $11,730 .... 2.3
Ballard 9,997 7.853 27.2
Colfax 10.524 10.139 3.S ....
Ellensburg .... 8.26S 7.604 8.7
Everett 29.771 . 25.502" 16.7 ....
Falrhaven 8,463 S.546 .... 1.8
Hoquiam ,. 8,598 7.333 16.3
North Yakima. 17.1S7 14.311 20.1 ....
Olympla 16.697 12,931 29.1 ....
Vancouver .... 10,257 9.507 7.9
Walla Walla .. 22.S99 , 21.197 8.0 ....
Whatcom 27.S63 23.531 18.4
It will be observed that only two second-class
offices show a decrease.
Manacied Crook Escapes From Train.
OS ANGELES, Jab. 20. Edward
Parker, a professional crook under sen
tence at the Folsom Penitentiary for
'grind larceny, leaped from a northbound
Southern Pacific train in the Tehachapl
Mountains early this morning, . and de
spite the fact that he was handcuffed
made his escape.
Parker was being taken to the peni
tentiary by Deputy Sheriff Cleveland, and
the officer permitted him to go to the
lavatory. He remained for some time,
and Cleveland went to the end of tho
car just as Parker was climbing out of
window. The officer promptly opened
fire on him at close range, but it is not
known whether he struck him. Cleve
land also jumped off the train, but
Parker jumped down an embankment and
escaped In the darkness through a deep
canyon.
Sheriff White left today for the Teha
chapl Pass to assist in the search for
the fugitive. A reward of $50. has been
offered for his apprehension, -
Hobos Suspected of Train Theft.
THE DALLES, Or., Jan. 20. Two
tramps, giving the names of John White
side and Fred Houston, were this morn
ing arrested at the "hobo camp." two
miles above this city, for robbing O. R. &
N. freight trains.
For some time past freight trains be
tween Portland and Pendleton have been
persistently robbed, and the City Marshal
was lately notified to be on the lookout
for a case of shoes that was stolen from
the train at Pendleton a week ago. This
morning Whiteside and Houston were
around town trying to dispose of some
new shoes, and were followed up and ar
rested by Marshal Wood. They asserted
that the case of shoes fell off the train
and they appropriated it, but this was
evidently a subterfuge, and O. R. & N.
detectives were notified.
Fine Maneuvering Ground.
SAN FRANCISCO. Jan. 20. The Pa
cific Coast will soon have fine military
maneuvering grounds. They will be lo
cated in San Luis Obispo County, the
choice of three tracts, each containing
about 20,000 acres, now being under con
sideration ' by the Government
The property has been favorably re
ported upon Dy Colonel George H. Tor
ney and Major William Stephenson, who
were sent out here to look Into the mat
ter They describe the larids as being
entirely suitable as sites for a perma
nent military camp, where all the United.
States troops and state militia could meet
and be put through all sorts of maneu
vers and drills. For this camp Congress
a willing to appropriate $500,000. There
are to be three other camps of a similar
nature in different parts of the country.
Would Sell City Electric Plant.
CHEHALIS, Wash,, Jan. 20. (Special.)
The Chehalis electric light plant will be
either for sale or for lease within the
next ten months. Harry West the pres
ent lessee, has about finished his term as
lessee, and some of the Councllmen want
to sell the property. For several years,
while the city attempted to run the plant
it ran behind continually, but Mr. West
has found it pays well. Since the town
has begun to grow it is betttr than ever,
and a good offer is expected if It is con
cluded to sell the plant
Child Found Carbolic Acid Bottle.
KALAMA, Wash.. Jan. 20. (SpeciaL)
The 2-year-old child of Charley Johns,
while playing about the house yesterday
morning, secured a bottle of carbolic
acid and emptied a portion ot the con
tents into Its month. -
The child is In great agony but It Is
thought it can" be saved, as only a small
amount if any. o tbe acId was swal
lowed.
Mill Safe Blown Open.
EVERETT, Wash., Jan. 20. The Robin
son Mill Company's safe was blown open
by burglars last night Five holes were
drilled around the combination, but, unable
to open the safe by that method, the
cracksmen resorted to dynamite. Twenty
dollars In cash and an $S0 school warrant
were taken. '