THE MORNING- OREGOJiTAST, SATURDAY, JANUARY
HEMBBEE ACCUSED
OF FOUL CRIES
Sand Lake Man Must Face
Courts for Murder of
Wife and .Child.
OWN DAUGHTER: HIS PREY
Indignant Gitizens Threaten to Lvnch
Unnatural Father, Who Is Taken
ito McMinnvillc Jail for
Safe Keeping;.
TIIfLAMOOK, Or., Jan. 5. (Special.)
A. J. Hcmbree was charged today with
the murder of his wife and daughtor, be
fore Justice Haberlack. He waived exam
ination, and the case will come up at the
next term of the Circuit Court. Sheriff
"Woolfc left immediately with the pris
oner, who Is committed to the Yamhill
County Jail for safe-keeping.
There Is a great deal of Indignation on
account of the death of the women, and
some few people in the south end of the
county talked of lynching Hombree. Last
Friday morning Hembree's hou&e, at Sand
Lake, burned down. It was a small shack
house by the side of the hill. After the
fire, about 1 o'clock in the morning. Hem
bree went to a neighbor by the name of
Hoyt and told James Thompson that his
house was burned down, and asked
whether the women were there. Thomp
son at once started for the house, about a
mile distant, but Hembre went to bed.
When Thompson arrived at the fire the
place was all burned down, and there was
a large heap of embers in one place. He
had no idea at the time that the unfortu
nate women were beneath this heap,
which looked as though trunks, books and
wood had been piled up. It was not until
daylight that the remains were found,
and so completely were the bodies cre
mated that all that remained of them were
a few charred bones. Here the first sus
picion was aroused, for no one believed
that the small Iioufc could have consumed
the bodies in that manner.
Hembree, previous to the fire, had sent
his two sons to a relative for a few days.
The supposition Is that Hcmbree killed
his wife and daughter to cover up another
crime. It has leaked out. and there, is
evidence to .prove it, that when his daugh
ter was attending the academy in this
city last 'year whenever he came tp the
city he would lake her from the academy
and to a hotel, where he would occupy
the same room over night with his daugh
ter, who was a young girl. 16 years of
age. Not long since he called upon a doc
tor in this'cJty and told him his daughter
was in trouble and wanted him to perform
an operation upon the girl. This the doc
tor refused to do.
This, and considerable more evidence
of a like nature In the possession of Dep
uty District Attorney Cooper caused his
arrest. It is generally thought that Hcm
bree performed an operation upon the girl
himself, and this proving fatal, he killed
liis wife and burned his house to destroy
all evidence of his guilt. He had pre
viously threatened the life of his wife.
Hembree is a man addicted to drink,
with a bad record in the neighborhood in
which he lived. He is accused of setting
lire to his house two years ago. with the
purpose of getting the insurance money.
He is now insured for ?600.
SALEM WILD BE GOOD.
Gambling Is Ordered to Cease and
Ijid Shuts Down.
SALEM. Or., Jan. 5. (Special.) Unless
the best-laid plans of men miscarry once
more, Salem will be a "closed town" here
after, so far as gambling is concerned.
Scvoral times in the last few years the
edict has gone forth that gambling must
cease, and the fact is published to the
world that Salem is free from the class
of men who -live from the profits of gam
ing tables. But it has always been found
necessary to repeat the notice, and an
nouncement a few months later. Notice
was served again today, and it Is under
stood that the order means that gambling
must cease upstairs and downstairs, in
back rooms as well as front rooms.
Last Tuesday the City Council passed a
gambling ordinance which went Into effect
today. The friends of the measure are In
control of the City Council, and have
elected a City Attorney of their own
choosing. It Is therefore in the power of
the Council to close the gambling games,
and there Is an evident ihTcntlon to exer
cise the power.
Funeral Associations to Pay.
OLYMPIA. "Wash., Jan. 5. (Special.)
The funeral associations which arc being
oqganlzed In practically all the well-populated
localities of the state should be
required to comply with the fraternal-insurance
laws, according to an opinion
given by the Attorney-General to the in
surance department. The associations
charge S to 25 cents per month to mem
bers, which provides payment of all fu
neral expenses in the event of death. The
Attorney-General holds that they are a
form of fraternal-insurance orders, but
that the mortuary rates fixed for the lat
ter by law could hardly apply. He sug
gests that the insurance department se
cure the. services of a secretary for the
purpose of preparing a mortuary table ap
plicable to sueh association, and that they
be required to file reports and submit to
examinations. He suggests that any in
adequacies of the law to reach them in
other necessary particulars be brought to
the attention of the next Legislature.
Little Falls a City Xext.
LITTLE FALLS, Wash.. Jan. C (Spe
cial.) Complete returns jfrom Chehalis
County-seat show the sentiment of voters
of this village of some 600 inhabitants to
"be In favor of incorporation, there being
but a single dissenting vote cast in the
election. The entire - Citizens ticket was
elected as follows:
Mayor, "W. R. Dllley: treasurer, W. H.
Weaver: Councllmen, Perry Olson, J. C.
Cantwell, Ed Brons, R. Townsend,
Charles Parsons.
While considerable Interest was mani
fested by the supporters- of the two tick
ets, Citizens and People's, the contest
centered -about the Mayoralty.
The Mayor-elect is secretary-treasurer
and manager of the Stillwater Lumber
Company's interests at this place, and
one of the board of directors of the Lum
ber Manufacturers Agency, of Centralia,
"Wash.
Tacoma Politics Is Hot.
TACOMA, Wash., Jan 5. (Special.)
The prospects are bright fora hot po
litical contest over more than one office
in the coming city campaign. The latest
development is the announcement today
that John F. Mead will be a candidate for
city controller to .succeed the present in
cumbent, Charles D. Atkins.
. Mr. Mead's candidacy is a direct result
of the recent deal by which Mr. Atkins,
ex-City Treasurer and at one time pro
posed as a candidate for Mayor, at Ue
coming election, was made to fill th 'va
cancy in the Controller's office left by the
death of City . Controller Jackson.
The deal was generally conceded to be
conceived and fostered by Councllmen E.
I. Salmson and Jesse Read, both of whom
are prominently mentioned as Mayoralty
timber. Atkins being out of the Mayor
alty race will now seek election as Controller.
San Pedro Will Bralld.
LOS ANGELES. CaL. Jan. 5. Ex-Senator
Kearns, of Salt Lake City, now a
member of the board of directors of -the
San Pedro, Los Angeles & Salt Lake
Railroad, stated in an interview tonight
that his road will. In the very near fut
ure, commence the construction of a line
from Riverside to Daggett, CaL, which
will complete their line from Salt Lake to
the Coast. At present the Salt Lake road
is using the Santa Fe tracks between the
points, which covers a distance of more
than 100 miles.
Xcw Road Is Created.
SALEM, Or., Jan. . (Special.) The Ore
gon Northern Railway Company today
filed articles of Incorporation in the of
fice of Secretary of State Dunbar. The
company proposes to build a railroad from
Blalocks, Gilliam County, to Hardman,
Union County. The capital stock Is $25.
000, the place of business Heppner. and. the
Incorporators William J. Mariner, R. W.
Robinson and C. EL Jones.
LIKES SALT Will EARS
IVOLUTATlY CANNIBAL SPICES
XIU3IAX FLESH.
After Biting Antagonist, Brad IVnl
shaw Is Forced to Eat the
Piece He Captured.
CLARKIA, Tdaho. Jan. 5. (Special.)
Cannibal despite himself, forced to cat
the ear which he had bitten from Ills
antagonist, "Lank" Franlgan, Brad Wal
shaw, a lumberjack from Klinard's camp
on the Upper St Maries, paid an unique
but revolting penalty for a quarrel and
fight of his own making last night. In
which he was badly worsted.
A dozen men witnessed the fracas,
which occurred in Floss saloon near
Clarkla, and. according to their erslon,
Walshaw. i who had been drinking, at
tacked Franlgan, gouging an eye and
biting off an ear. at the same time say
ing: "I will chew you down to a dwarf."
Franlgan rallied, and after kicking Wal
shaw in the head, forced him to cat tho
ear he had bitten off, though not until he
had beaten Walshaw half insensible In a
second affray. Franlgan spiced the ear
with the bar popper and saltstands be
fore serving. The lumberjacks who wit
nessed the affair seemed to regard It as
glorious rather than horrible.
TOO MANY AVOME.Y TEACH
Dr. O'Shea Says Pnhllc Schools Xced
Vigorous 3fcn.
SEATTLE. Jan. 5. (Special.) In an ad
dress before the King County Teachers
Institute today. Dr. M. V. O'Shoa, of tho
University of Wisconsin, declared there
are too many women teaching in the pub
lic schools. Ho demanded more men. Dis
cussing the pupil in his teens and the
effect of women teachers. Dr. O'Shoa
said:
"There night to be Just as many men
as women in the schools. Of. course, they
need the influence of femininity, but how
much the children would be benefited did
they come In contact with strong, vigor
ous men! I think this Is the crying need
of education today. The profession Js too.
much monopolized by womon."
Incidentally, Dr. O'Shea severely criti
cised Sunday schools, claiming they were
improperly organized. He insisted they
are not sufficiently vigorous for "those
whose whole life is throbbing for activ
ity. As now organized, it tends too much
to hold tho growing organism con
strained." The O'Shea declaration that there are
too many women In the teaching profes
sion startled the teachers as much as did
Myron W. Haynes declaration yesterday
tnat too many of the women were in the
profession to wait for marriage. v
i
Railroad Humors Float.
TACOMA. Wash., Jan. 5. (Special.)
Following the announcement made last
night that President Earllng of the Chi
cago, Milwaukee & St. Paul wag on his
way to the Coast, all sorts of railroad
rumors are current. The best defined con
nects again the North Coast with the
Tacoma Eastern and It is stated that the
option held by the former on the latter
line and which was extended from De
cember 21 to February 1, has been exer
cised. John Bagley, general manager of the
Tacoma Eastern road, left today for
Spokane, and It Is reported that his visit
Is In connection with that rumored sale.
Several days ago word wmt around In
railroad clrchss to "watch January 5."
Men supposedly on the Inside and who
ought to know what is Impending were
and still are mystified.
Fear Aglnoc Has Foundered.
SEATTLE. Wash., Jan. 5. The ship
Aginoc loft Saginaw Bay, Alaska, bound
for Yokohama, Japan, October 2. and has
not been 'reported sine. She was loaded
with 1500 tons of salt salmon. The vessel
was under charter to C H. Lilly & Co.. of
this city. Officers of the company state
that they fear she has foundered in ono
of tho heavy gales. Tho average passage
to Yokohama is 40 days for sailing vessels.
About 16 people were on board.
Morgan Sells His Shnrc.
ABERDEEN. Wash.. Jan. C (Special.)
Thomas Morgan, of the firm of Nlnemlre
& Morgan, of this city, has sold his ex
tensive packing interests and lands" to
George Nlnemlre of Montesano. The sale
Is ono of the largest and most important
In a business way which has taken place
here for some time.
Aberdeen flakes Gain.
ABERDEEN. Wash.. Jan. 5. (Special.)
The report of the local Postofflce for
1503, Just made public, shows a business
of nearly $16,000, a gain of several thou
sand dollars over 1904. The receipts of tho
last quarter of the year are the largest in
the history of the office.
Brewers Give the Lie.
TACOMA. Wash.. Jan. C (Special.)
Tacoma brewers flatly contradict the
story sent out from Seattle yesterday to
the effect that" the brewing Interests of
several of the cities on Puget Sound had
combined. They say the story has no
foundation in fact.
, Fryo Has Cheap Horscs.
SEATTLE, Wash., Jan.' 5. The bids for
cavalry and artillery horses for use of
the Army In tho Philippines were none.
In the Quartermaster's office today. TheJ
lowest bia was that of Charles H. Fryc,
of Seattle, 200 at $129 each.
Bourkc Cock ran IsBcUcr.
SANTA BARBARA, Cal., Jan. 5. Rep
resentative W. Bouike -Cockran, of New
York, who has been in Santa Barbara for
some days, bag greatly improved in
health and expects to return to Washing
ton January 15.
PUSS IS CHOSEN
Milwaukee Line Has Made.
Definite Surveys.
NORTH YAKIMA IS OUT
Information Given That Fixes Line
of Xevr System In Its Entrance
to Xorihwest Through the
Snoqualmlc Pass.
ELLBNSBURG, Wash.. Jan. 5. (Spe
cialsUpon reliable authority it Is learned
that the definite line between Pasco and
Ellensburg has been selected by the Chi
cago, Milwaukee & St. Paul; that Sno
qualmle Pass has been decided upon; that
the main line will not touch North Yak
ima, and that construction work will be
commenced on this division as early as
ApriL One of the 16 surveying corps work
ing upon the western extension of the
Chicago, Milwaukee & St. Paul Is camped
near KJiensburg.
This party ran a line from Pa.co to El
lensburg. By the survey the distance Is
less than 100 miles, while that of the
Northern Pacific between these points Is
127 miles. Starting at Pasco the line
crosses the Columbia River at Richland,
and then heads in a straight northwest
erly course, keeping north of the Rattle
snake hills. Instead of following the- Yaki
ma River. The survey follows Coal Creek
for some distance and again strikes the
Columbia River near the foot of Priest
Rapids. The line then continues along
the Columbia River until it turns west
ward and enters the Kittitas Valley
through Johnson's canyon.
In reaching the valley the heaviest
grade is about 21 per cent. The highest
elevation Is reached in the Kittitas Valley
being about 2CO feet. The survey then
continues westerly, striking the Northern
Pacific main line a short distance above
Ellensburg. This party continues no fur
ther westward than this point. The chief
of the" engineering corps of Oic Milwaukee
who has had several parties looking for
the most feasible pass through the Cas
cade mountains, is believed to have de
cided upon Snoqualmle Pass, which Is not
far north of the Northern Pacific line
through the Cascades. The route then lies
directly to Seattle.
While running a line to North Yakima
work waB suddenly discontinued and the
survey made along Coal Creek to the Co
lumbia River.
Tho line to North Yakima would have
saved heavy grades met in reaching the
Columbia at tho point where Its course is
changed. The alteration is attributed to
the definite- location of tho Northern
pass at Snoqualmlc
WILL FIGHJ,THE FRUIT PESTS
E. C. Armstrong Is Appointed In-
hpector of Linn County.
ALBANY. Or., Jan. 5. (Speclal.)-Acting
under a law passed by the last Legisla
ture, fruitgrowers of Linn County have
been circulating a petition for the ap
pointment of such an Inspector, and the
County Court has appointed E. C. -Armstrong,
of Marion Station, Marlon County,
to the position. The appointment was
made upon recommendation of Charlea
A. Park, of Salem, horticultural commis
sioner. The law provides that the In
spector shall be such a man as the horti
cultural commissioner would recommend
as suitable for the place, and Mr. Arm
strong, who is the inspector for Marlon
Counts', Is known to have the requisite
knowledge for the place.
The prcvalenco of San Jo.c scale and
other pests and vermin that ruin the
fruit crop has become more marked, until
now a large percentage of the fruit, par
ticularly apples. Is worthless. Orchards
that a few years ago produced large quan
tities of perfect .unblemished apples now
give a small yield of low grade, unmar
ketable fruit. Orchardlsts who spray their
trees and fruit and take even precaution
to cllmlnttc pests are handicapped by the
negligence of some neighbor, who refuses
or neglects to take proper steps to ex
terminate vermin. The result has Boon
a cutting off of the profits of the fruit
industry, and corresponding discourage
ment to fruitgrowers.
The new order of things meets the ap
proval of all. and with the cleaning up
and digging up of old orchards, and those
that are infested with vermin. Linn
County will again put forth perfect, un
blomlshed fruit.
"WOULD KEEP CHIXESE OUT
President Blackman Favors String
ent Laws Against Coolies and Japs.
ABERDEEN. Wash., Jan. E-(SpecIal.)-Presldent
Blackman of the State Feder
ation of Labor In his annual report to
the convention favored stringent exclu
sion laws In regard to Chinese and Jap
anese labor and a Just recognition of the
rights of Chinese merchants and students
visiting the United States. He recom
mended amendments to the state factory
law so that the protection of machinery
may be made adequate and consequently
less dangerous, and urged the same tight
in tho next Legislature as In the' last ses
sion for the fellow-servant bill. He also
urged the passage of a resolution to be
forwarded to the representatives of Wash
ington In Congress, favoring Irrigation In
the arid districts of the stale and op
posing the methods of Governor Mead and
the State Land Commissioner. Today's
business was of a routine nature- To
morrow referendum nominations for offi
cers will be made.
BAKER CITr IS FREEZING.
Coal Famine Drives People From
Homes to Hotels.
BAKER CITY. Or.. Jan. 5 Special.)
Tho coal famine in Baker City Is assum
ing serious proportions. Unless coal Is re
ceived at once all public schools using
coal will be shut down Monday. An ap
peal was mad to the O. R. & N. today
to furnish company coal to the city, but
was refused as the railroad says they are
short at both La Grande and Pendleton.
Several prlvato residences have been
shut up and the occupants moved to the
hotels. Demand for wood Is so great It
cannot be met and business firms are
fearing they will be compelled to shut
down. Ono car of coal today was the
total for an entire week.
ALLEN WANTS OREGON BOYS
Corvallis College to Furnish Six
More Men for Philippines.
CORVALLIS. Or., Jan. 5. (Special.)
Lieutenant Qulnlan, 'Commandant of the
cadet regiment at the college, has received
instructions to recommend six additional
graduates from the Oregon Agricultural
College for position as Third Lieutenants
in tho Philippine Constabulary. Three
similar recommendations were recently
made, and from these one appointment
has already been nta.de. that of Lieutenant
"Floyd Williams, who leave tomorrow for
San Traacteco, and thence by steamer on
tho 30th Inst, for Manila. Of th other
twa xMMMaauAatlMM ilre4y mate, It fe
expected that appointments will be made
within a short tlme appointments Hn the
Philippines of constabulary officers to Sec
ond Lieutenancies In the regular Army
having caused a number of vacancies.
The six graduates now to be named for
places are to be a reserve list from which
officers can be named by General Allen
as required. The appointees have no ex
amination to take, but receive their com
missions on their diplomas from the Ore
gon Agricultural College, which now
stands third on the list of military col
leges among the state Institutions of the
country in point of efficiency. Transpor
tation Is also furnished. Lieutenant Wil
liams tickets being now available for his
departure, the only requirement being that,
if transportation is furnished by the Gov
ernment the appointee must serve two
years.
AVI11 Vote on Tic Election.
CASTLE ROCK. Wash., Jan. 3. (Spe
cial.) Interest continues to Increase In the
special election called by the Town Coun
cil for next Tuesday to decide the tie. be
tween M. P. Mason and George W. Rowan
for Treasurer, and also to get an expres
sion -of the voters as to whether the state
laws shall be enforced closing the saloons
on Sunday. Men are registering who have
not voted, on any question for years. Mr.
Mason now announces his withdrawal
from the contest, as ho Is supposed to
favor the saloons. It is thought to be a
move to throw the other side off its guard.
ILL BUY INTRODUCTIONS
WAsnrxGTox to spend $9000
TO ADVERTISE state.
Remains of Lewis and Clark Fund
to
Be Lcnt to tho United
Commercial Bodies.
OLYMPIA. Wash.. Jan. 5. (Special.)
A committee composed of Governor Mead.
Secretary of State Nichols, Attorney-Gen-,
oral Atkinson. Elmer E. Johnston and
George M. Allen, met here today and de
cided to recommend to the associated
commercial bodies of tho state, the expen
diture of In advertising the, state
through the use of moving pictures rep
resenting all sections and commercial sub
jects In the state, tho distribution of lit;
erature and general press bureau work.
There was ftOiO left of the appropriation
for the Lewis and Clark Fair and it was
deemed proper to expend this money In
following up the advertising work alrcady
accpmpllshed at Portland. The balance,
however, having reverted to the general
fund, the plan can only be carried out by
the use of funds loaned for the purpose,
with the understanding that an effort will
bo made to reappropriate the balance of
tho Portland Fair appropriation, by act
of the next Legislature.
The committee desires the written In
dorsement to this plan of the commercial
bodies and Chambers of Commerce
throughout tho state. The advisory com
mittee met today to discuss the subject
upon request of the associated Chambers
of Commerce of the state.
CAUFIELD PUTS THE LID OX
Xcw Regime Will Have Xo Gnni
hllng in Oregon City.
OREGON CITY. Or., Jan. 3.-(Spedal.)
Acting under the instruction of Mayor
E. G. Caqfield, Chief of Police Burns
today visited the saloons of the city and
other resorts where games have been
conducted in the past and notified the
proprietors that no games of any char
acter will be tolerated by the new ad
ministration. They were advised that all
violations will be prosecuted. The laws
relating to minors and saloons will be
rigidly enforced to the letter. It is not
the purpose of Mayor Cauncld to Inaugu
rate a moral crusade or to make a spec
tacular demonstration, but In an Interview
today he stated that ho intends to make
of Oregon City a town, the government
of which Is to be as fsec from censure as
is possible, and those who remember
his administration as Mayor six years
ago recall that Mayor Caufleld Is a man
pf action. Cigar nlckel-In-the-slot ma
chines will not be disturbed. While Ore
gon City has not been a "closed town
entirely since the anti-gambling raid that
was made last Summer, but very little
gambling has been carried on in the
city.
CInrk County Has Money.
VANCOUVER. Wash.. Jan. 5. (Spe
cial.) County Treasurer A. H. 'Fletcher
has completed his quarterly report for
the quarter ending with the first of tho
year, and the following shows the condi
tion of the county's cash at the begin
ning of the new year: Total receipts for
the quarter. J '550.51: total disbursements
for the quarter. JSU11.K; balance on
hand in cash at end of quarter.
Of the receipts taken In during the
quarter there wore received from
taxes, la fees from the county of
fices, from hunters licenses. ?15X53
from poll taxes and front the
state school apportionment.
During the quarter there were
worth of school bonds taken up and
517.(X worth of county bonds redeemed.
Xcw Ward Draws Money. "
OLYMPIA. Wash.. Jan. 5. (Special.)
By the simple device of changing the
words "legal services' to "expert ser
vices" the approval of the. Attorney Gen
eral and Stale Auditor were secured to
day to the voucher of J. N. Pickerel of
Colfax, for $250 for fcrvices rendered to
the railroad commission in the Joint rate
hearing. The warrant was Issued on the
railroad commission funds. Mr. Pickerel
was employed by the commission to as
semble evidence prior to tho hearing and
when his voucher was presented the au
ditor refused to Issue the warrant on the
grounds that the law made the Attorney
General the legal adviser or the commis
sion and that additional legal assistance
could only be supplied by the Attorncy
GcneraL Condemnation Suits Filed.
VANCOUVER, Wash.. Jan. 5. (Spe
cial.) Two suits for condemnation of
land fo& right of way were tiled this
evening by tho Columbia Valley Railroad
Company and one by the Portland &
Seattle Railroad Company. It Is reported
that In the near future there are to be
many other suits filed by these two com
panies, who arc getting into closer fight
ing relations over territory each day.
The Columbia Valley Company filed one
suit against Andrew Carlson and ono
against J. T. Munyon and wife. The case
filed by the Portland & Seattle Is against
Helen May Prentice.
-Granger Has Xcw Club. '
GRANGER. Wash., Jan. 5. (Special.)
The Granger Commercial Club was or
ganized last night with about charter
members. The following officers were
elected: Dr. C Chamberlain, president;
Fred R. Hawn, secretary; A. C. Snow
den, treasurer. Resolutions were unani
mously adopted condemning tho action of
Governor Mead and Land Commissioner
Ross with reference to Government rec
lamation in the Yakima Valley, and en-'
dorstng the position taken by the Yakima
Commercial Club and Congressman W. L.
Jones.
Gcorgo Collins Goes to Jail.
SAN FRANCISCO. Jan. 5. The Su
preme Court today again denied the ap
plication of Attorney George D. Collins,
accused of. perjury, for a reduction .of
bail, asaxenwnded Mm ts the custody ef
ie MnK..
QD ELL ir SLID
Kelliher's Effort Brought' ex
Agent to Book.
BOTH WANTED STATE LAND
H. H. Turner, Forger and Perjurer,
Declines to Quit Office, and Will
Try Lesser Criminals
Than Himself.
SALEM, Jan. 3. (Special.) The convic
tion of A. T. -Kelllher yesterday on a
charge of forgery will probably be a
source of satisfaction on the part of Gen
eral W. H. Odell. who can trace much
of his trouble la land matters to Kelll
her. In hl extensive lieu land operations
Odell came Into conflict with Kelllher be
cause of the fact that ho was trying to
use as mineral base a lot of school sec
tions which Kelllher had bought. In the
same way Odell came into conflict with
the Interests of W. N. Jones and F. P.
Mays. It was through these men that
the extent and nature of Odell's opera
tions were made public.
K11lher went before the Department of
the Interior with his objections to the
allowance of the Odell lieu land selections
and It was probably due largely to KcllL
her'a vigorous presentation of the mat
ter that the department took a firm
stand against them. Kelllher filed a brief
showing that the state had sold to his
clients the school sections which Odell
was trying to have relinquished to the
Government In exchange for lieu lands.
In Its decision against Odell the .depart
ment said that the proof of the mineral
character of the land was not sufficient
and that in a great many Instances the
state had already asserted title to the
land by rolling It to various purchaser?.
At that time Odell questioned the good
faith and legality 'of the purchases mado
by Kelllher or others acting for him and
also insisted that these purchases were
made after he began adjudication of the
mineral character of the land, and there
fore should not be considered by the de
partment. Though the conviction of Kelllher or
the proof of the bad faith or Invalidity of
the purchases made by him or for him
cannot be of avail In helping h! own
cause. Odell doubtkM finds some satis
faction In seeing his charges proven,
even though he may not rejoice over tho
downfall of an ndversary- W. N. Jones
made no fight against Odell In the de
partment for the reason that Odell
yielded without contest In all srascj In
which his Interests conflicted with those
of Jones.
Will Turner Hcslgn.
Though the land fraud trial ! over, it
Is still the subject of general discussion
In fact It Is receiving more attention now
than while the trial was In progress. At
no time was there a crowd In the court
room during the taking of testimony.
Now that the trial Is over, everyone Is
discussing its various features and the
questions of public Importance which
arise from It. The position In which Jus
lice of the Peace Turner Is placed Is a
leading topic. Turner confessed that ho-
procurcd men to commit perjury and that
he Is himself a forger, yet he holds the
iales of Justice In his court anil parses
Judgment upon men who are charged with
offense? that arc inconsiderable In com
parison with his own. That Turner
should resign his office is the unanimous
declaration, but he evidently has no In
tention of doing so. for on the same day
that he made his own confession of crime
he fixed a date upon which he will try
four men charged with petty larceny.
Cannot JBc Forced Out.
That there is no way of. forcing Turner
out of office Is declared by those who
have examined the statutes. Ills crime
was committed before he was elected Jus
tice of the Peace, and In no way consti
tutes malfeasance In office. The charge
against him was dismissed, so that no
conviction can be had, resulting in expul
sion from office. Members of the County
Court were yesterday seeking a means of
putting him out of office, but did not suc
ceed. During the campaign of lOOt. when Tur
ner was a candidate for the office of Jus
tice of the Peace, there were many who
knew that Turner's land transactions
were suspicious, but. having no conclusive
proof, they were unwilling to set forth
publicly what they knew, and Republicans
hesitated to discuss the matter, lest they
be afterwards charged with disloyalty to
a Republican candidate.
Xcw Facts Come to Light.
Since the trial of Kelllher, one circum
stance has come to light which, though
not a material element of the crime,
would nevertheless have exerted a great
Influence upon the Jury had the facts been
developed It will be remembered that
Kelllher paid Turner 57 each for the cer
tificates of sale. Turner testified that ho
forged 30 applications upon which he pro
cured Charles EL Lenon to acttas notary.
When Turner went to Lenon he told the
latter that he (Turner) was getting only
23 cents apiece for these affidavits, but
that he would do the fair thing and give
Lenon 13 cents out of It. Lenon therefore
got $(-50 for being a party to 30 crimes,
while Turner was getting 5210 out of it.
The attorneys for Kelllher. In cross-examining
Turner and Lenon. never onco
thought to Inquire how much Lenon was
paid. Had this matter been brought out
and the selflshness-of Turner disclosed. It
Is probable that the jury would have been
so convinced of his entire lack of honesty
that they would not have credited him In
the slightest. Such a transaction as this
would have given Kelllhers attprneys' an
unexcelled opportunity to add ridicule of
the most cutting and effective kind to tho
overwhelming excoriation, of which there
was no lack.
Had a Fair Trial.
Tho opinion generally expressed by
thoso who heard the proceedings was that
the court made no errors against the in
terests of the defendant, and If there are
grounds for a new trial they are not pat
ent to the casual observer. The penalty
for the crime of forgery Is imnrisonmnt;
for two to ten years, with no alternative
or a nne. audge Burnett has set next
Monday as the time for passing sentence.
Both the Salem dally papers today urged
in their editorial columns that Turner
should resign his fflce as Justice of tho
Peace. When asked this evening what he
will do about It. Turner replied: "I have
no thought of resigning. I shall stay in
that office till I get-ready to get out."
TAKES HIS HORSE AND GOES
Oregon. City Woman Leaves Husband
In the Stilly XlghU
OREGON CITY. Or.. Jan. 5. (Special.)
When R. McKInstry awakened this morn
ing, he discovered that some time during
the night his wife bad quietly slipped
away from the house, taking with her a
supply of clothing and whatever of value
ahe possessed. His surprise was increased
when, upon going: to the barn to feed the
family, hors he learn fed from the attend
ant thi-t some time during the night his
wife had visited the building, and. slipping
the bole from the outride, had untied th
animal and led it from the stable. Other
A, than thJ McKInstry ks btta lim&te t
find any trace of his wife. The McKin
strys have lived here for some time, the
husband conducting a junk store They
gained somo notoriety, a few weeks ago,
when the husband, becoming Intoxicated,
took home with him a drunken compan
ion, when the two proceeded to abuse the
wife. Becoming tired of the treatment.
Mrs. McKinstry seized an axhandle and
beat tha Insolent associate of her husbaifd
Into a state of insensibility, and. calling"
the police, turned him over to the author
ities. LAWREXCE TAKES OFFICE XOW
Ordered by Department, Iev Rose
burg Receiver Hastens to Post.
BEND, Or., Jan. 1. (SpecIaL)-J. M.
Lawrence left Bend this morning to as
sume his duties as Receiver in the Land
Office at Roseburg. His hurried departure
was due to a message from Washington,
received last Thursday morning, to report
at Roseburg for duty at once.
A large number of Bend's citizens deep
ly regret Mr. Lawrence's departure and
that of his family. He has ever had un
bounded faith In the ultimate development
of the great Deschutes Valley, and has
labored Incessantly for the welfare of
Bend and the whole of Central Oregon.
A vacancy In the office of United States
Commissioner Is left here by his depart
ure. As yet no appointment for the Bend
office has been made.
Junior Students Make Merry.
PACIFIC UNIVERSITY, Forest Grove.
Or.. Jan. 5. The college reception to open
the Winter term was held this evening
under the auspices of the Junior class,
which had tastefully decorated Brighton
chapel with pennants and evergreens for
the occasion. After a guessing contest
the male quartet sang several selections.
Hearts were matched to secure partners
for the famous "hot coffee" march, after
which tho Juniors served dainty refresh
ments. President and Mrs. Ferrln, Pro
fessor and Mrs. Chapman, Professor
May Farnham and Professor Bates com
posed the reception committee.
Land-Contest Case Filed.
ALBA.NY, Or.. Jan. 3. Hugo H. Kar
stens. whose father, Peter Karstens. lives
three miles from this city. In Benton
County, was. yesterday afternoon, served
with a contest notice on his homestead
claim in the Slletz Reservation. The con
test Is made by J. E. Hall. Jr.. on grounds
of nonrcsidence. and will be heard In the
United States Land Office. Portland, Jan
uary 26. There are numerous homestead
ers In the Slletz Reservation who are re
ported to be In the same position regard
ing residence on claims as Karstens.
Allen to Help Crawford.
ASTORIA. Or., Jan. 3. (Special.) Dis
trict Attorney Allen has been requested
by Attorney-General Crawford to assist
him in representing Oregon In the suit
brought by the State of Washington to de
termine the location of the boundary, line
between theftwo states. Mr. Allen has
agreed to assist and he will meet Mr.
Crawford in Portland next Saturday to
confer with him concerning tho line of
defense. The case will be tried in the
United States Supreme Court at Wash
ington. Discredits the Merger.
SAN FRANCISCO. Jan. 3. C. F. Swee
ney, vice-president-and principal stock
holder of the Seattle Brewing & Malting
Company, who arrived in this city today,
discredits the reported merger of north
ern breweries, lie says, however, that
just before leaving Seattle, ho gave an
option on his stock In the- company named
to Andrew Hemrich.
Will Sell Much Timber.
SPOKANE. Wash.. Jan. 3. Negotiations
for a 53.C0O.C0O timber deal. Including the
holdings of the William Howard Lumber
Company to the Stacks-Gibbs Lumber
Company, of Spokane, are pending, and
It Is probable that the deal will be con
summated as soon. as cruisers can esti
mate the amount of timber on the tract.
Electricity Kills Chief.
VICTORIA, B. C, Jan. 5. Harry 9.
Ward, chief engineer of the British Co
lumbia Electric Railway Company, was
Instantly killed this afternoon at Cold
stream power-house. He grasped the cop
per on two switches at tho samo time.
L making a short circuit, and received TOO
TO CURE A COLD IN ONE DAY.
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CONSTIPAT!
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WRITE FOR IT TODAY AND ADDRESS
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203 Second Ave.. South.
SEATTLE. WASH.
(Established 1879.)
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IN A WEEK
We treat successfully all private nerv
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The doctors of this Institute are all reg
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1 C. GEE WO
2 THE UKEAT CHINESE DOCTOR. a
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Entrance
31622 First St.
jii ureal dunes
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This famous doctor cures without
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e Patients out of the city write for 0
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m Address tho C. Geo Wo Chlaesa Medl-
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a Portland. Or.
a Pl.asa mention this paper. f
DAMIANA
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