Morning Oregonian. (Portland, Or.) 1861-1937, July 08, 1905, Page 10, Image 10

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    10
THE MORXIXG OREGOXIAN, SATURDAY, JTFLY 8, 1H)5.
' THE TRIAL OF WILLIAMSON, BIGGS AND VAN GESNER IS BEGUN
(Continued From Page 1.)
to telL Judge Bennett cross-examined
Duncan, and Just before he closed he,
too, almost lost his temper. Duncan was
one of the men alleged to have been se
lected to take up a claim for "Williamson
and Gesner. He testified that he and his
wife had both taken up claims under
promise that the money with which to
make final proof was to be paid by Dr.
Gesner. He testified that he had given
a note for the money that was advanced
to him. His claim, he swore, never came
up for final proof, because Dr. Gesner
had read to him a story in The Ore
gonlan containing an Interview with
Secretary Hitchcock. The witness tes
tified that Dr. Gesner had said that the
Secretary was "mad," and because there
was evidently so much trouble in sight
over the Oregon land frauds, that he
(Gesner) could not furnish Duncan with
the money to make his final proor.
Duncan stated on the stand that Bigg?
had made out the papers when he made
his relinquishment, and had written the
order returning his right to take up an
other claim. There was an attempt made
to prove that Biggs had anticipated the
relinquishment of Duncan, and had the
papers all made out when Duncan called
at his office. Like many of the other
questions put to the witness, he could
not remember. Duncan was on the stand
for two hours. He was subjected to the
severest sort of questioning, and his eva
siveness must have been exceedingly pro-"
voklng to both Mr. Heney and Judge
Bennett. Mr. Heney developed the fact
from the witness that he was still In the
employ of Williamson and Gesner, and
that he had talked before the trial with
Attorney Barnes, who Is aiding the de
fense. When court convened, all of the de
fendants were on hand. Henry Meldrum,
for whom a bench warrant had been Is
sued, was among those present.
JURY IS QUICKLY CHOSEN
Judge Objects to Question of Preju
dice Against Congressman.
Judge De Haven convened the United
States District Court at 10 o'clock, and
directed that the clerk call the names of
the Jurors. This being done, the court
ordered the clerk to fill the jury-box, pre
paratory to selecting a Jury In the case
of the United States vs. Williamson. Van
Gesner and Marion It. Biggs. A. E. Binns.
S. L. Brooks. August Carlson. Johann
Paulsen. Webb Must. Barney May. M. V.
Thomas. G. O. Walker. J. B. Henkle. W
P George. E. Habighorst and Reuben
Fanton were drawn to fill the box.
United States District Attorney Heney
made the statement of the case to the
Jury, and upon objection by the counsel
for the defense. H. S. Wilson followed by
a statement as permitted by the ruling of
the court. Upon this the selection of the
Jury was begun.
A E. Binns, the first man on the panel,
wis examined by Mr. Wilson. The wit
ness stated that he was a liveryman of
Heppner, Morrow County, and that he
had been a resident of that place for ecv
eral years. One of the principal questions
asked him was whether or not he had
read The Oregonlan In regard to the land
fraud rases, or the case at Issue, and he
stated ;hat he had read of the land cases,
bu hd no definite remembrance of any
one article. The Juror had met William
son .it Heppner, and had heard him talk,
but was not well acquainted with him.
He had no prejudice against any of the
"-defendants.
"Arc you conscious of any prejudice
against any man because he is a member
of Congress?" asked Mr. Wilson. The
witness said he was not.
'You wouldn't allow your mind to be"
prejudiced because of the tact that hela-
torney. "No. sir," was the answer.
"You would give him a fair show?"
"Ye, sir."
"Are you prejudiced against a man be
caus he Is in the sheep business?" "So.
'sir."
Having found the juror qualified, he was
accepted hy the defense, and also by the
prosecution without question.
J5. L. Brooks, of Fummerville. Union
yodttty. was the second man to be exam
ined. He stated that he had been a farm
er in Union County for a number of years
Ho didn't take The Oregonlan, and did not
take any particular Interest In the case,
and didn't know the defendants. Xclther
did he have any prejudice against sheep
man or Congressmen, and had not formed
any opinion as to the guilt or Innocence
of the defendants. The' defense used Its
first peremptory challenge against Brooks,
and ho was excused by the court.
August Carlson, a manufacturer of Port
land, testified that he had been In Port
land for the past 17 years. He had read
the Portland papers, but could not re
member much of what he had read about
the land cases other than In a general
way.
"Have you any prejudice against a man
In Congress." the Juror was asked. He
UnBwercd that Yg had none.
"If you were on trial and a Juryman
was to be chosen whose mind you knew,
and he had the same feelinc toward von
that you now have towards these defend
ants nere, would you be satisfied to have
urn asc jurorr' I would."
5on was accepted by the defense
jrpsecution without question.
ren, a lu-mucrroui or-jtorrr
il to serve zrpon the -jury.
it a vcry-.aen-
uie Qftena-
ohr could be
K great deal of
pa. not want a
had the same
Kcd by the witness.
lallenced the Juror for cause.
he was excused.
ib Mast, of Lee. Coos Countv. stated
.he was a farmer nnrl n lnrirnr
lad not read The Orexonlan. but had read
In other papers of the work done bv the
Federal grand Jury. Ho had not formed
any opinion as to the merits of the ease
at issue, and had no feelings one way or
the other toward the defendants or to
ward an officeholder. Both the defense
and the prosecution were satisfied with
the Juror.
Barney May. of Harrisburg, Linn Coun
ty, stated that he was a merchant there,
and had been engaged in business for a
number of years. He had read a few
headlines about the land cases, but had
forgotten them. He had not discussed the
Williamson case with anyone.
"Have you any prejudice against a
member of Congress?" asked Mr. Wilson.
He was interrupted by the court.
Questions Not Pertinent.
"I don't see the pertinency of such ques
tions." said Judge De Haven. "I can't
conceive of any fair-minded man so low
In Intelligence that he would have a prej
udice against a man because he occupied
the high and honorable offlco of Congress
man. I have been in Congress, and I
don't think I was engaged in any ques
tionable calling."
"There are men who are not fair-minded,"
suggested Judge Bennett.
If a man was an anarchist he might
have a prejudice." interposed Mr. Heney.
"Well, said the court, "you can ask
the jurors if they have any prejudice
against the defendants, but I don't like to
have the questioning conducted along
these lines." Both sides accepted the
Juror.
M. V. Thomas, a farmer, of Bull Run.
Clackamas County, was chosen by the de
fense and accepted by the prosecution
without question.
G. O. Walker, a farmer, of Walker.
Lane County, was the next man up for
examination. He had not heard of the
Williamson case at all. and would be able
to try it on its merits and the evidence.
He was accepted by both sides.
J. E. Henkle. a farmer, of Philomath.
Benton Countv. testified that he had read
of the case In The Oregonlan but had not
paid any attention to what he had read.
He was accepted by the defense, and Mr.
Heney asked no questions.
W. P. George, of Salem, a restaurant
man. stated that he might have an opin
ion if what he had read in the papers were
true, but not knowing as to that he had
no prejudice whatsoever. He was accept
ed by the attorneys without objection.
E. Habighorst, a shingle-dealer, of Port
land, hd read the Portland papers, and
had formed a strong prejudice on account
of what he had road and heard. It would
take a great deal of evidence to shake his
present oeiu I.
Vlf you were to be on trial, would vou
be willing to have some one of your state
of mind on the Jury?" "I would prefer to
have some one of not so settled an opin
ion," replied the juror. The court ordered
the Juror to step aside.
Hctibcn Fanton Excused.
Reuben Fanton. of Carus. Clackamas
County, was not agreeable to the Govern
ment. He seemed willing to serve.
it you were n derendant would you be
willing to have a man like yourself on the
Jury?" he was asked by Mr. Wilson. "I
most certainly would, was the answer.
and the Government entered a peremptory
cnauengc.
J. . llliams. a farmer of Junction
City, Lane County, neither knew the de
fendants nor bat1 any prejudice, and so
was accepted by both sides.
J. It. Vlckery. h merchant of Lafayette,
Yamhill County, was challenged peremp
torily by the- defense. He testified- that
he had not read The Oregonlan about the
case, and did not remember anything
about the land troubles. For some reason
he did not suit the defense, however.
S. L Burnaugh, a farmer, of Elgin,
Union County, didn't read any of the
Portland papers, and would be satisfied to
have a man of his mind try him for crime.
He was accepted by both attorneys.
Ferdinand Dresser got a ticket of leave
from the court. Mr. Dresser 'is a grocer
of Portland, -and he did not want to be on
the Jury.
"Do you read The Oregonlan?" he was
asked. "I do." the Juror answered.
"You have heard the case talked of a
great deal?" "I have."
"If you were to be tried would you bo
willing to have a man of your mind try
you?" "No. sir." "You may be excused,"
said the :ourt, and Mr. Dresser made way
for another mn.
F. H. Hopkins, a broker, of Portland,
was excused by the Government by a
peremptory challenge. The Juror testified
that he had heard a good deal about the
land case.?, but had formed no opinion.
O. H. Flook. a farmer, of Olalla. Doug
las County, had rad enough of the land
cases to keep up on the news, but he had
not formed an opinion. He was accepted
by bnh sides.
Arthur Roberta, a bookkeeper, of Spring
field, lime County, testified that he had
no opinio i in the case, had not read much
of It, and did not know the defendants.
He was accepted by the defense.
ted by the defense.
"Don't you remember having expressed )
son? asked Mr. Heney. "Xo, sir,"
JuA?.r answerca. . .
'nltrrSrZl
J0,8,k . The Government will excuse
MRnb& usa,,r
ty; was the last man to be selected. He
... w vrywn. " ... ...... . v.. .... vn.i-
had read The Oregonlan and the Eugene
papers, but had never followed the cases
clufely. and had not formed an opinion.
VrUher had he any prejudice against any
e( the defendants. He had talked of the
Ck'o with his- partner In that he had told
htm he was subpenaed on the Jury and i
tiifugnt it was tne Williamson jury, oth
er than that he had had no conversation
about the case. Mr. Cook was accented
at 12:05 o'clock, filling the panel and mak
ing the jury complete.
The court announced that the rcmalnlnr
Jurors would be excused from further at
tendance upon tne court, and tne session
was adjourned until the afternoon at t
o'clock.
OPENING STATEMENTS 3IADE
First Witness Is Campbell A. Dun
can, Who Remembers Very Little.
Upon the opening of court in the after
noon, Mr. Heney presented tho case of
the Government to the Jury. His address
was short, not occupying more than 10
minutes. He said. In part:
"This is a case in which the charge is
that tho defendants entered into a con
spiracy by which Williamson and Van
Gesn-.r, partners In the sheep business,
were to suborn 100 persons to commit per
jury by Inducing them to make false affi
davits in filing upon land. It is a con
spiracy in which Biggs and Van Gesner
were to get a large number of men to file
upon timber land. These lands were in a
pertain tract or district so that It would
give the control of the entire ranse, Tho
Government will show that Williamson
and Gesner furnished the money for filing
upon these claims, about $400 being fur
nished In each instance. There were
about 45 of the claims, of which some 19
went to final proor, though the rest were
relinquished owing to trouble caused by
the investigations or an agent of the Gov
ernment. "The Government will show that these
claims were all filed before Marion R.
Biggs, one of the defendants, who was at
that time, ana sun is a commissioner or
tho United States, that uiggs Knew the
clalmr were to be given to Williamson story in The Oregonlan about Hitchcock
and Gesner at an aavancc of about $75 anj the land scandals In Oregon. He
over the actual expense, as soon as pat- : hai gaia that Hitchcock was mad. Gesner
ents were gained for them. haj told him to go to Biggs' offilce and
"The Government will show W Itllam- , have his relinquishment papers made out.
son's connection with the case in that he He had done so and his note had been
was present at some of the conversations. returned to him. After he had testified
that he helped In tho selection of some of before the grand jury he had returned
the claims, that he and Gesner borrowed to Prinevllle and had had a talk with
the money to pay for the claims, and that . Biggs. Judge Bennett objected teethe ln
he was present at some of the troductlon of the evidence and the court
conversations aiterwarus Tvnen ine people i
were advised to relinquish tneir iiungs-j
and abandon their claims, owing to inves
tigations that were being made.
"This Is about the Government's case.
If this Is shown, I am certain the Jury
will see the connection of all the defend
ants with the indictment as alleged, and
that it will be plain that all of them are
HARRY MURPHY'S SKETCHES AT
guilty of the crime of subornation of per
jury.' Defense Makes Statement.
H. S. Wilson presented the case for the
defense. He commenced his argument by
relating the history of the defendants, and
showing that all of them were and arc
men of high standing In the neighborhood
in which they live. He then turned to the
history of the Williamson sheep firm. He
stated that In 1902 the firm of Williamson.
Wakefield & Gesner was running sheep
In Wheeler County.
"The District Attorney has stated." the
speaker said, "that an agreement was
made by which Williamson and Gesner
should furnish money for the claims which
should be pas5od to the title of William
son and Gesner as soon as patents Issued.
This is not the fact. Xo money was ever
given for such an object.
"In 1901 the country was filled with ru
mors of the rattlemen. threatening to
drive the sheep off the range. They heed
ed no rights of property unless the title
was In the hands of private Individuals.
"Dr. Gesner furnished money to some
people for some claims. The people were
to give a note and mortgage, and Gesner
was to have the use of the land for pas
ture while they were In debt to him.
When title had parsed and the notes had
been taken up. the settler could do with
the land as he nleascd
"Marlon Biggs did not know that there
&s any conrplracy by which the law
should be violated. When a man came
befo.-e him he was careful to point out
the law in the case. He knew that Gesner
was furnishing the money, but he knew
nothing of any conspiracy. Everything
was done openly and above board. They
did nothing except what they had a right
to do.
"When testimony is given we are con
fident that It will show no subornation of
perjury has ever been committed."
First Witness Testifies.
i.CaSipbcn.A- Duncan, of Prlneville. wan
the first witness for the prosecution. He
had liven in Prlneville or near there for
many years and knew Biggs and William
son and Dr. Van Gesner. In 1S02 William
son wan in the sheep business and was
in nartneinhln -nith rw nm- ti. .
witness stated that he had made "a fllimr
uiaira in me vicinity or the
Caylor ranch and had been asked to do
so by Marlon Biggs. He had met Biggs,
who had asked him If he had ever used
Ur J!mbcr r,Sn- Biggs had said that
Dr. Gesner was looking for men to take
land, and tho tHfnn ua
If there wnnirt iw nm. ,o . tTJ-
rtaiih.,"- "JSL?
patent had been secured. Bleirs had mM
lU w;ltne Gesner would be at the
shearing pen the next day to talk the
2?" several people and ad-
wtcu inc wnness to n tnir
Duncan testified thnt th
h had taken his wife and had gone to
the sharing pen. where -he had found a
large number of people, who were ad
dressed by Dr. Gesner. The speaker had
wild that he would lend each one taking
claim $400 when the claim was taken
up and would accept a mortgage on the
m uiiui ji was. paicmcu. Alter patent
he would buy the claim for J5W. releas-
iiik wie mortgage ana returning the not
taken In lieu of $409 of the purchase
price, so that the man filing upon the
land would make from $75 to $10) by the
transaction.
Gesner had fcild he didn't want to get
Into trbublc with the Government over
the matter. He also said that he would
leave the numbers of the claims to bo
filed upon with Biggs at his office and
those who wished to file could get them
there. The witness testified that he had
filed upon his claim a few days after the
meeting and had also Induced his- wife to
filed upon a claim. He also Identified the
nllldavlts made by him at the time of h!.t
filing, nnd these were introduced as
evidence.
The witness stated that he had gone
to the office of Biggs and the Commls-
: sloner had got the paper and handed It
J to him to be f'gncd. He had not been
asked what lands he wanted to file upon,
I but had bepn told the claim he way to
i take. After he hnd signed the paper he
had been sworn by Biggs. He had not
, paid any money to Biggs on that day.
' but had borrowed some of Van Gesner.
: Gesner had stated that the money would
' bo left at the office with Biggs nnd the
witness had signed a note for the amount,
j His wife had also signed a note with
j him.
i Duncan had received notice from the
j land office of the publication of final
proof, but did not know in what paper
' It had been made. He also identified the
notice of relinquishment made because
: he could not get the money to pay the
fees, nnd in which he asked that his
i right to take up land be restored. He
had discussed the relinquishment with
Van Gesner. who had stated that he
thought he could not let the witness have
the money to prove up. Gesner had stated
that those who had the money could go
ahead and prove up. but that he could
not advance the money.
The witness said that he had cone to
Gesner'? offilce and had met Williamson
there- Williamson had been readme-
ruled that It should
be Introduced only
as against Biggs.
Witness Loth to Remember.
"What did Blggs say?" asked
Heney.
"I don't remember," the witness
sDonded.
Mr.
THE FIRST DAY OF THE WILLIAMSON-BIGGS-VAN GESNER TRIAL
V1X0V4 .K W?, a
"Have you forgotten It since yester
day?" the District Attorney persisted.
"Yes." was the answer.
"Have you talked with these defend
ants?" "No, sir."
"Have you talked with Attorney
Barnes?" "Yes. iIr."
"Have you worked for Gesner since the
errand Jury was In session?" "Yes."
"Have you had any conversation with
Gesner?" "Yes."
"What did Gesner say?" "He said It
was a political fight against Williamson."
On the cross-examination by Judge Ben
nett but little was gained from the wit
N DIVORCE COURT
Thirteen Couples Are Legally
Separated.
ONE MARRIAGE ANNULLED
Infidelity, Desertion, Drunkenness
nnd Cruelty the Several Grounds
Upon "Which Actions Arc
Drought for Divorce.
Judge George presided over the divorce
court yesterday and granted decrees sep
arating 13 couples." A decree was alio
pronounced declaring void the marriage
of Josephine Scott, a minor 17 years old,
to Lester F. Simmons, becautts of Illegal
ity. The marriage ceremony was per
formed at Vancouver. Wash.. Sunday.
June 11. 19C6. by Justice J. E. Harris.
Th ,Icenae wa lwed b- the Auditor at
Vancouver on tne same day, hut was
dated June 10. Saturday. In an attempt to
mako It legaL The father of the girl, J.
caused It to be set aside on two grounds.
The first was thnt his daughter, being a
minor, was Incapable of. marrying with
out his consent, and second, that the
license lroued on Sunday was of no effect.
Judge George dissolved the bonds of
matrimony existing between Helen Mor
timer and Charles S. Mortimer because
he ahatu'nnwl hr
frte "J, J?'r
In March. 1S04. going
to San Francisco. Mortimer did not de
sire his wife to follow him. They wore
married In Portland In March, 1&32.
Infidelity the Cansc.
Ella McPherson was divorced from W.
E. McPherson. proprietor of the Gllmnn
J House, because of Infidelity. The woman
in tne case is Laurlna Smith; also some
times known as Mrs. Blanchard. The liti
gants were married In 1S79. Mrs. McPher
son told her story, and was corroborated
by a son and a grown daughter. Mc
Pherson. In settlement of their property
Interests, gave his wife lands and money
amounting to about $9XX.
Samuel F. Parr was granted a divorce
from Bcnnette A. Parr, who, he said,
abandoned him on May 2S, 1904. They were
married In Texas In 1E97.
Judge George granted Sophia Marco, a
decree dissolving the matrimonial bonds
existing between her nnd Henry Marco
for cruel treatment. She told the Judge
he punched her face and cursed her fre
quently. They were married In Portland
In 1S96. and have no children.
Florence Landlgan was freed from John
Landlgan on account of cruel treatment.
They were married In Los Angeles In
1ESS. and slnco that time havo accumu
lated property valued at about $2T.O0O.
which was the principal contention be
tween them and now appears to have
been settled by a decree of distribution.
Landlgan Is a real estate dealer and spec
ulator, and was formerly a pawnbroker.
His wife sued him for a divorce two years
ago. and they subsequently made up.
Cruel Treatment the Ground.
I Gold foot was divorced from Xathan
Goldfoot. an expressman, to whom sho
was married In Dublin. Ireland. In 1SS1.
Cruel treatment and threatening to kill
were the causes. She was allowed to re
sume her maiden name. Goldfogle.
On account of desertion, George J.
Price was granted a divorce from Ida
Price. Their marriage was solemnized
in Oakland, Cal.. In 1S&9. There Is one
child in the custody of its grandparents.
Habitual drunkenness on the part-of
Florence P. MacCarthy. an Alblna saloon
keoper. caused his wife. Clara A. Mac
Cxrthy. to apply for and obtain a divorce
from him. She was awarded the custody
of the two children. The MacCarthys
were married in Oregon City in 1S97.
Gertrude Chrlstophereen testified that
ness one way or the other. His memory
was bad. and he could not remember much
of what had happened to him In the past.
"It was a casual conversation you had
with Dr. Gesner In June?" the Ju'dgo In
sisted. "Yes, sir," the witness thought It
was.
"He asked If you remembered about the
$40 or whether there was to be any In
terest on the money?" "Yes. sir."
"It was a fact that there was to be no
Interest charged when you borrowed the
money?" "I don't remember."
"Don't you remember about Gesner say
ing that he wanted the use of thelands
John M. Chrlstophcreen. to whom sho
was united In marriage In Chicago In
1S3S. was a drunkard. She was divorced
and her maiden name. Goodwin, was re
stored to her. There are no children In
the case.
Because of desertion beginning In June,
19&3. a decree of divorce was allowed Hat
tie E. Grimm from Ralph C. Grimm.
They were married December 4, 1SS6. In
Clackamas County.
Marie Frazenbach told Judgo George
that her hufband, William Frazenbach. a
marblecutter. drank and threatened to
kill her and their child and then kill
himself. She also stated that he falsely
accused her of unfaithfulness. They were
married four years ago. She was granted
a divorce.
Emma M. MIddleton was divorced from
Frank J. MIddleton. a carpenter, because
of desertion. They have two children In
the Children's Home.
OBJECTED TO -WEDDING GOWN
Sucss Said He Would Not Buy It for
Wife to Mnrry Another.
William Suess. who Is suing his wife.
May L. Suess. for a divorce, testified at
the trial before Judgo Sears yesterday
that he allowed Mrs. Sucss $30 to $40 a
month spending money, some of which
went to buy champagne for Max Bailey.
He produced some of the empty bottles In
Court as testimony. Suess also stated that
he accepted the offer of his wife to pay
her $100 as a settlement after thoy had
separated, and paid $1C0 of the amount but
broke the agreement when he heard that
she was going to San Francisco to marry
Max Bailey, and was going to have a
J swell wedding gown
Suess said: "I
did not Intend to provide a bridal
costume for another man. Xobody did
that for me when I took her."
Tho plaintiff also told of collecting In
vitations to dances sent to his wife by
Max Bailey and others addressed "Miss
May L. Suess." He said this had been
the source of considerable contention be
tween them. Several of the Invitations
were submitted In evidence, which caused
John H.t Hltchlngs. counsel for Mrs.
Sucss. to ask why they had not been
delivered to hl3 client to whom they were
addressed, and the attorney intimated
that he would Institute proceedings
against Suess for violating the postal
laws.
Mrs. Sucss took the witness stand when
Court convened for tho afternoon session.
She Is an attractive woman and gave her
age as 27 years. She was married to
Suess December 25. 1S36. and stated that
they got along well In the beginning. When
they began life together they lived at
Hlllsboro. and his wages were small, and
hwhen they first came to Portland he did
not earn much. She worked In the hop
fields four seasons. In a cannery and
several other places. The periods of em
ployments were short. She made him
Christmas presents with portions of the
money she earned, bought him a watch
and chain and other articles. She related
how they bought a home, and said the
wages of her husband had been largo for
the past five or six years, and. as his
wages Increased, he added to her allow
ance of spending money. He now receives
$17& a month.
Mrs. Suess testified that her husband
threatened her dozens of times, threatened
to break her neck, and said ho would
break every bone In her body. He snapped
a pistol at her onre. He came home In
toxicated, and cursed and abused her, and
once threw her against the stove, and
again threw a shoe at her. She smiled
frequently In giving her evidence as if it
was all a good joke. Mrs. Suess acknowl
edged having met Max Bailey at dances.
She denied that there was anything Im
proper between them. The trial will be
concluded today.
File Incorporation Articles.
Articles of Incorporation of the Moore
Investment Company were filed In the
County Clerk's office yesterday by Joseph
Simon. W. H. Moore. Ben Selling. H. A.
Moore and Sam Simon; captlal stock.
$120.CCO. The objects announced are to
purchase, acquire, own. lease and Improve
city town lots, blocks, etc.
Chronic Diarrhoea.
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because he wanted the grass, and that
ne would lend the money to get tne
grass?" "I don't remember."
"When was It that you first talked about
getting timoer ciaimsr
"June. 1902."
"You had been thinkln&r of srettlnar
timber claim, hadn't you?" "Well. I might
nave a nttie. but I don t remember."
"There wore people coming from the
East every day for timber claims, were
there not? "Yes. sir."
"There was a craze about timber lands,
wasn't there?" "Yes. sir."
"And you wanted to take a timber
claim?" "I might have."
Executive Board Holds
First Session.
Its
CONTRACTS ARE HELD UP
Dilatory Contractors Must Be Pen
alized Who Delay Work on tho
Public Thoroughfares Be
yond Time Fixed.
Tho first public appearance of Mayor
Lane's Cabinet took place yesterday af
ternoon when the now Executive Board
held Its initial session. It wasa draw-Ing-carJ,
too. in a way, as the Council
chambers, where all subsequent meet
ings of the body are to take place.
hold a grood-slzed audience when City
Auditor Devlin called the roll. W. G.
McPherson was the only one that
failed to respond, and tho Mayor ex
plained that ho was out of town.
From the outset the members mani
fested a disposition to "make haste
slowly" In the matter of passing Judg
ment upon accumulated business, oven
forcing-the Auditor to go through the
tedious process of reading- the minutes
of the two preceding- meetings. Montag-being-
of the opinion that the Idea pos
sessed many bright educational feat
ures, and all through a caution was
observed. lending- to tho proceedings a
sort of "show me" air.
Committees of Board.
Committees were announced as fol
lows: Rules John M. Gearln, Thomas G.
Greene, C. A. Cogswell.
Fire John Montag. L. T. Peery,
Richard Wllsor.
Police Thomas' G. Greene, R. L. Sa
bln. X. J. Blagen.
Bridges W. G. McPherson. X. J.
Blagen. Max Flelschner.
Streets R. L. Sabln, Richard Wilson,
Max F. Flelschner.
Sewers L T. Poery, C. A. Cogswell,
W. G. McPherson.
Street cleaning C. A. Cogswell, Joan
Montag, R. L. Sabln.
Lights Max Flelschner, Thomas G.
Greene, John M. Gearln.
City Halt Richard. Wilson. John
Montag, W. G. McPherson.
Current expenses X. J. Blngen, John
M. Gearln. L. T. Teery.
After disposing of a lot of holdover
propositions of a routine character by
foTring them to street committee.
the board proceeded to determine the
status of applications for extensions of
time on street Improvement contracts.
Bechlll Bros.. Joplln & Meeks. J. R. OXell.
Stevens Bros, and a few more contractors
having applied for an extension under one
pretext or another, but Cogswell brought
them all up with a round turn by the
statement that It was common practice
for contractos to hold their franchise
on a street Job by doing a little work In
the start and then leaving the streets
upset for weeks without paying any fur
ther attention to the situation, pinning
their faith upon the Idea that some easy
going Executive Board would give them
an extension of time. He was In favor of
making them live up to their contracts,
even to the extent of penalizing them un
der Its provisions $5 each day they were
delinquent, and this suggestion seemed to
meet with general favor.
Street Contracts Held "Up.
For this reason several streets that had
been accepted by the Ctly Engineer were
held up. Wanzers report showing that
they were long overdue In the matter of
completing their jobs. This had especial
reference to East Stark. East Fifteenth.
East Twelfth and Burnside streets; the
ewer in East Twentieth street, from
LANES CABINET IN
"Didn't you ask Biggs where you could
get a timber claim and the money to file
upon it?" "I don't remember."
"You don't remember whether he men
tioned it first?" "Xo."
Do you remember going to any other
people about timber claims?" "Xo. sir."
xou nadn t talked to any timber loca
tors about locating you on a timber
claim?" "Xo. sir."
"Biggs said Gesner would lend the
money on the land and take a mortgage?"
yes, sir.
"Gesner said that If you people would
take timber land' he would lend the
money?" "Yes, sir.
Dldn t he tell' you that he wouldn t
make any contracts for the land: that if
you wanted to sell It after you had proved
up on it. he would give you jaw tor it?"
"I dont' remember, but I think he said
something like that."
iou went down to see the land you
wanted to take?" "Dr. Gesner told me
where to ko to see the land I was to
take."
"Don't vou remember that Bi&rsrs read
the paper to you before you swore to it
qr signed it?" "I don't remember."
u was your intention to swear to the
truth?" "Yes. sir."
"You swore in this oaner that vou didn't
make any contract. That was a fact,
wasn't It?" "He said he would give me
$500 for the claim."
"W ell. you could sell It for $1000 to some
one else'r "I guess so."
'iou had a conversation with Gesner
about proving up on the land, and he said
no could not give you the money?" "Yes,
sir."
"Didn't he sav th reason hn cmildn't
give' you the money was because he had
not soia some land on this side of the
mountain and was short of funds?" "I
don't remember."
Dldn t you try to get money of some
one else?" "I don't remember."
Xot Mad at Gesner.
"You were mad at Gesner because ho
would not let vou have the mnnev nnrt
said mean things about him. didn't you?"
"I don't remember. I don't think I was
very mad.
"Isn't It a fact that you were mad at
uesner because he would not let you have
me money at tne time you testincu before
the grand jury?" "Xo. sir."
"Just before you made the relinquish
ments, didn't you meet Biggs and ask
him where you could get money to prove
up on those land?" "I don't remember."
"In the same conversation, didn't you
call Gesner some names and say you
wJuld make him regret his refusal to let
you have the money?" "No. sir."
"Didn't Attorney Barnes meet you and
ask you If you had any contract for the
sale of the lands, and didn't you say no.
you had sworn to the truth?" "I don't
remember."
"Weren't you asked If you ever made
any contract and didn't you say no?" "I
don't remember."
On re-direct examination. Mr. Heney
asked the witness If he had not under
stood that Williamson and Gesner were to
buy the claims as soon as patented, and
the witness said such hud been his under
standing. "He was to give you $400 and you wero
to file on the lands and give a mortgage,
and when you got the patent Gesner was
to give you $500 that was the understand
ing?" "Yes. I think it was."
"When he showed you The Oregonlan,
the story about Hitchcock, didn't he say
that you would have to relinquish, as the
Government would make trouble?" "Yes.
sir: I think he did."
Mr. Bennett became angry. "What
makes you think so?" he. demanded.
"That Is as I remember it," responded
the witness, and ho was excused. Court
was adjourned until this morning at 10
o'clock.
East Washington to East Oak, and Guild
street, from the north line of Thurman
to the south lino of Vaughn, belng the
only acceptances that passed muster, all
tho others being- referred to" the street
committee.
Bids for street work were received as
follows, all being referred to the street
committee, and will not be awarded until
the next regular meeting.
East Davis street, from the west line
of East Third to the west line of East
Sixteenth K. -G. Lundstrom, $9505.75; Be
chlll Bros., $9777.85.
East Taylor, from the east line of East
Water to the west line of Union avenue
Joseph Pockett, $9344; James Johnson,
$8795.20; Bechlll Bros., $8580.
Arthur street, from the west curb line
of First street to the east line of Second
L. C. Shorno. $1482.30.
Sewer" In Mellnda avenue from the west
line of Fannie G. King tract to tho sewer
In Mellnda avenue at second bend J. B.
Slemmons, $227.75.
West half of Water street, from the
south line of Clay to tho north line of
Columbia Concrete Construction Com
pany, $3413.67; Diamond Sand Company,
$3503.08.
Twenty-fifth straet, from the north Una
of Savler to the north line of Vaughn
Star Sand Company, $1786.80; Fralney &
Keating. $2027.82.
East Stark street, from the center Una
of East Xlnth to the east line of East
Xlnth-Joplln & Meeks. $137.4S.
East Stark street, from the east line of
East Xlnth to the west line of East Twen
tieth Pacific Bridge Company, $19,728.78.
East Twenty-seventh, from the north
line of Hawthorne avenue to the south
lino of East Salmon Joplln & Meeks,
$795.66; Stevens Bros., $776.75.
Xlnth street, from the south line of
Couch Addition to the south line of Hoyt
street Star Sand Company, $2014.10; Con
crete Construction Company, $2803; Fralney
& Keating, $2S54.16.
Morris street, from the west curb lino
of Delay to the east curb line of Vancou
ver avenue Joplln & Meeks, $7343.61; Ste
vens Bros., $7768.S7; Bechlll Bros.. $7840.67..
Xo proposals were received for the re
pair and maintenance of the proposed Im
provement of the west half of Water
street from the south line of Clay to the
north line of Columbia, nor for feeding
the city prisoners for the ensuing year.
Councilman Beldlng appeared -before the
Executive Board In behalf of the Multno
mah Driving Association, and asked per
mission to use one of the city street
sprinklers on the Macadam -road from
Kelly street south, a distance of about
three miles. The application was referred
to the street committee and later grant
ed, upon condition that the driving associ
ation provide everything else.
An adjournment was taken until 4 P.
M., Friday, July 21.
Veteran of the Civil War.
The funeral of the late George W
Peebles, of 673 Second street, was held at
FInley's Chapel yesterday morning at 10
o'clock. There was a large attendance.
Rev. Henry A. Barden officiating. The
Ladles of the G. A. R. conducted "an ap
propriate service at the grave.
Mr. Peebles was born In Pike County,
III.. Xovembcr 6. 1S42. He enlisted In
Company D. One Hundred and Twenty
! J?5imf?JL ""JMlli-
was enrolled August 10. 1862. to serve four
years, or during the war. He was 20
years of age when he took up the duties
of a soldier. He was discharged from the
service by general order July 15. 1S65, at
Mobile. Ala., after serving three years.
Mr. Peebles participated In the engage
ments at Parker's Crossroads. Tenn.;
Town Creek. April 2S. 1S63; Tupelo. Miss..
July 14. 1S64; Xashvllle. Tenn., December
15 and 16. 1S64, and the siege and capture
of Fort Blakely. Ala.. April 9. 1865. He
leaves a wife and four children.
SEE PACIFIC OCEAN.
Take the "Potter," Queen of River
Bouts, Down the Columbia.
The T. J. Potter, queen of river boats,
sails from Ash-street dock for Astoria and
Xorth Beach as follows: Tuesday, Julv 11,
10:15 A. M.; Wednesday. July 12. 11:15 A.
M.: Thursday. July 13, 12:10 (noon): Satur
day. July 15. 1:50 P. M. Particulars and
O..R. & X. Summer book by asking C. W.
Stinger, city ticket agent. Third and
Washington streets. Portland.
Hotel Hamilton. San Francisco's newest
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