THE MORNING OREGONIAN. SATURDAY, AUGUST '43, iyu.
GOES TO INSPECT
LEAVES FROM HARRY MURPHY'S SKETCH BOOK HE ATTENDED THE MAYS-JONES-SORENSON TRIAL YESTERDAY
LAYS PLOT BARE
Engineer Clarke, of Water De
partment, Examining Sys
tems in Sound Cities. .
Star Witness for Government
Continues Testimony in
Land-Fraud Case.
MUCH DEPENDS ON REPORT
CONFESSES TAKING BRIBE
lO
CAPTAIN
ORMSBY
WOODEN
1
i
Gift of ' Certificates Influenced Ac
tion In Fixing Limits of Reserve
and Helping Mays to
Promote Scheme.
By slow degrees, and despite the stren
uous objections of the sextette of lawyers
composing the counsel for Defendants
Mays, Jones and Sorenson, in the Blue
Mountain Forest Reserve case now on
trial In the Federal Court, the Govern
ment Is forging a chain of evidence
around the accused that seems almost
perfect In design. The witnesses that
testified yesterday generally told their
stories from the stand reluctantly. With
one exception they were of the unwilling
variety, and only escaped Indictment
themselves by reason of a half-hearted
willingness to turn on their pals. 1
Ex-Forest Supervisor S. B. Ormsby
completed his testimony early yesterday
afternoon, and Dan W. Tarpley, who
bids fair to become one of the star wit
nesses In the case, is yet to be cross
examined. The attorneys for the defense
were not ready to enjoy him when his
direct examination had been completed,
and as It lacked only a few moments
before the hour for adjournment, and as
"Witness C. A. Jones, of Baker City, was
anxious to get back home, Tarpley was
taken from the stand and the testimony
of Johns sandwiched as an accommoda
tion. In the meantime all the lawyers
for the three d3fendants will have an
overnight sharpening of, knives for the
Tarpley ' feast, which Is to begin early
this morning.
The drift of the defense, as evoked by
repeated questions from attorneys. Is In
the direction of the stand-pat theory that
the creation of the reserve was not only
a public necessity, but has since been
confirmed by executive action, and was
proper In all Its details. They stand upon
the bold presumption that the policy of
forest reserves is a pet hobby of Presi
dent Roosevelt's, and that in this re
spect It is a case where "the king can
do no wrong.'
Fully half a hundred Government wit
nesses are being carefully guarded on
the third floor of the Federal building,
and It Is thought this number does not
begin to represent the total of those who
will be called upon to testify.
Ormsby Resumes Testimony.
Captain Ormsby resumed his testimony
at the opening of court. He testified that
after he returned to 9alem from his
trip Into the Blue Mountains, May 24,
1902, he commenced preparing his maps
and report to the Commissioner of the
General Land Office, Binger Hermann,
on the advisability of creating the for
est reserve. '
In making these statements the wit
ness referred to a small pocket-memorandum
book, similar to the one he had
used on the stand the day before. No
ticing this fact, Mr. Fenton cross-examined
the witness as to -the manner In
which these memorandum books were
kept. Witness said he kept the books
as a diary of all his official doings on
instructions from the General Land Of
fice. Witness stated In answer to questions
from Mr. Fenton that he was 71 years of
age. and had been appointed to the office
of. Forest Supervisor on recommendation
of Binger Hermann.
Mr. Fenton announced that he had no
objection to the witneis using his memorandum-books,
and Mr. Heney's examin
ation In chief continued.
Witness said that he had his maps pre
pared and wrote his report between June
9 and July 3, 1902, on which date It was
forwarded - to the General Land Office.
Witness testified that he had made one
of the maps, while his son had prepared
another. The finished map which accom
panied the report was drawn by J. C. C.
Lewis, a Salfem draughtsman.
Mr. Heney questioned the witness very
closely regarding Lewis, asking particu
larly where Lewis lived now and whether
when Lewis made the map witness told
him what it was for. Witness fenced a
trifle, but finally asserted that Lewis
"knew that the land was for a reserve."
Mr. Fenton asked Mr. Heney whether
he Intended to call Mr. Lewis as a wit
ness. Then the reason for Mr. Heney's
close questioning became apparent.
Heney Will Call Lewis.
"Yes. I am going to call him If I can
get hold of him," replied Mr. Heney.
"The fact of the matter is, I never heard
of Mr. Lewis myself until a few minutes
ago."
Captain Ormbsy told Mr. Heney that
Lewis' family is now living in Port
land, and that he thought Lewis himself
was In Southern Oregon.
Continuing his testimony as to what
other persons knew of the preparation
of the reserve maps and reports, wit
ness said that the defendant Jones was
in Salem while the work was In progress.
Jones talked little: was reticent, as wit
ness usually found him; merely asked
witness how he was getting along and
looked over the maps.
Pressed as to whether any other per
sons saw the maps he was preparing,
witness said that William La Force saw
them. La Force came up from Portland
on one occasion and told witness that
Mays was complaining because "some of
his lands had been cut out" in the map
of the reserve, and demanded that the
lands be restored.
"I told Mr. La Force," said witness,
"why I had cut out those lands, which
was because there were Bettlers in there;
and that I was not taking dictation from
anybody and for him to tell Mr. Mays
so."
Witness said he did not know whose
lands he had cut out.
Mays Wants to Exchange Land.
Witness continued that later he re
ceived a letter from La Force In which
the latter stated that Mays wanted to
exchange one or two of the school-land
certificates which Mays had given to
La Force for witness. In the letter La
Force said that Mays merely wanted to
get his own school land Into more com
pact form.
Witness testified further regarding his
son's work on the forest reserve maps.
His son was not a regular employe of the
Forest Superintendent's office. but did
odd Jobs for his father, the Superin
tendent. -Witness was shown a letter and Identi
fied It as the one he wrote to Commission
er Hermann June 21. 1902, recommending
tne wunarawai oi me lands in the pro
posed reserve.
In like manner witness was shown and
Identified his favorable report on the
proposed reserve mailed to Commissioner
Hermann on July 3, 1902, and It was of
fered In evidence.
At this point Mr. Fenton interrupted
Mr. Heney, Inquiring whether he was try
ing to show that Captain Ormsby was in
the conspiracy. Mr. Heney waxed sar
castic. Ormsby Spared to Be I'sed as Witness
"In the conspiracy? Was Ormsby In
the conspiracy? Yes. he was in the con
spiracy, and was left out of the indict
ment to be used as a witness."
There was a commotion among the at
torneys for the defense, and there was a
sharp exchange of courtesies regarding
the professional ethics of Mr. Heney's
action In not indicting Captain Ormsby.
Judge Pipes renewed his old objection.
"If the grand Jury thought that Captain
Ormsby was a conspirator, why didn't
they name him or Indict him?"
Mr. Heney retorted that that matter
was one he had thoroughly considered,
and that he had satisfactory reasons for
his action.
The examination of the witness contin
ued. Witness said he never told Mays
that he had recommended the withdrawal
of the forest reserve lands. On June 27
he wrote to Mays, In answer to a letter
of Inquiry, telling Mays that he hoped to
have his report ready by July 1. On July
10 witness wrote, another letter to Mays
stating that he had made his report.
Witness was uncertain whether he told
anybody other than Mays that he was
making a report on the Blue Mountain
reserve prior to the date of the temporary
withdrawal of the lands, July 23. 1902.
He presumed, however, that he told a
good many persons after he had sent the
report to Washington. He did not think
that he told anybody what lands were to
be Included In the reserve. He did not
give Mays a description of the lands,
either in the letter of June 27 or in that
of July 10. If Mays knew what lands
were Included witness did not know where
he got the Information.
Never Informed of Withdrawal.
Witness was never officially Informed
of the withdrawal of the lands, a fact
that he thought somewhat strange. Mr.
Henev asked the witness if prior to his
trip into the Blue Mountains he had ever
heard of the Geological Survey making
an examination of the same territory.
Witness knew nothing about the matter
until long after the withdrawal; did not
know that the survey ever went Into the
same district he visited.
Mr. Heney then went back to the cer
tificates of purchase of two sections of
school lands which had been given La
Force by Mays to be held for witness.
"In his letter to you telling you that
Mays had given him the school land cer
tificates for you. did La Force say any
thing about a 'string' on the lands?"
asked Mr. Heney. The witness answered
In the negative, also stating that he had
lost LaForce's letter.
Mr. Heney asked witness If he could de
scribe the certificates In any way. stating
that he was laying the foundation for the
Introduction of the certificates In evi
dence. Witness appeared to be unable
to identify them, and Mr. Heney dropped
the matter. He asked, however, what
witness did with the certificates after they
were delivered to him by LaForce, as he
had testified the day before, about July
1, 1903. Witness said he gave the certifi
cates to Dan Tarpley about April 1, 1904.
Judge Pipes objected on the ground that
this transaction occurred after the con
summation of the alleged conspiracy, in
February. 1904. Mr. Heney asserted that
Judge Pipes was mistaken; that the Gov-'
ernment claimed the conspiracy was still
In progress up to the date that the grand
Jury Indicted the conspirators and put an
end to It. Mr. Pipes asserted that Mr.
Heney was mistaken, but the court over
ruled the objection.
Tarpley Paid for Certificates.
Witness continued, saying that he gave
the certificates to Dan Tarpley to be dis
posed of.
"Did you get any money out of them?"
"Yes, Tarpley gave me $t20 $640 for
them." .
Mr. Heney asked whether witness
agreed to give Tarpley anything for his
services In disposing of the certificates,
but Judge Hunt , ruled out the question,
and, after considerable sparring, the court
also struck out the witness' testimony
regarding the amount he received.
Witness was asked whether before he
went out to Inspect the Blue Mountain
lands he told his son about his proposed
trip. . Witness thought not. Further
pressed by Mr. Heney, he said that the
day after he received his letter from Her
mann ordering him to inspect the pro
posed reserve he went to The Dalles,
leaving the letter from Hermann on his
desk in his office at Salem.
Mr. Heney wanted to know if witness
at any time prior to leaving on his trip,
talked to his son about the creation of
the reserve. Witness said he did, once,
about a week after his return from The
Dalles', on March 27.
"My son told mehe had heard there
was going to be a reserve established In
Eastern Oregon. I said yes, -re was
going to be a reserve."
"When did you next have a conversa
tion with your son about the reserve?"
"Well, that was a long time afterward
after the petitions were circulated and
everybody was talking about the reserve
and knew that there was going to be a.
reserve "
"Now. see here." Interrupted Mr. Heney.
"You know as well as I do that the peti
tions were" circulated before you made
your inspection. And what do you know
about what everybody was talking about
In Eastern Washington? What do you
know about what the people thought
about It?"
Witness hurriedly corrected himself and
said that the second conversation must
have been some time after his report
was filed, July 3, 1902. He did hot remem
ber the details ot the conversation.
"Did your son have access to your desk
while you were up to The Dalles?"
"Yes."
1 "On June 21,, when you wrote Commls
i sloner Binger Hermann recommending
that the lands be withdrawn from entry,
did you know that your son had any In
terest In any school lands to be Included
in the reserve?"
"No, sir." "
"Did you on July 3?"
"No, sir."
Defense Takes Witness.
This closed Mr. Heney's examination
and witness was turned over to S. B.
"? N . ; yV
Huston, of counsel for Jones, for cross
examination First, Judge Pipes had a
motion to make. He moved to strike out
all the witness' testimony In regard to
the certificates, on the ground that there
was a fatal variance between the proof
and the pleadings, the Indictment al
leging that in March, 1902. the defendants
turned over to Ormsby two sections of
school lands fraudulently acquired from
the State of Oregon, while the proof
showed that the witness merely received
two certificates for school lands
which were not school lands or
deeds to school lands. In July,
1904; further, that there was no- evidence
that the school lands were obtained by
fraud. The Court could not see the ma
teriality of the motion.
Cross-examined by Mr. Huston, wit
ness said that he was mistaken when
he testified on direct examination that
he got hla blue print map of the pro
posed reserve at the United States Surveyor-General's
office. On thinking' the
matter over, he believed the map was
mailed to him at Salem, and that he got
It there before making his trip.
He did not remember the exact dates
that Mr. Lewis made the maps for him,
but It was prior to June 21. 1902. Asked
regarding his office at Salem, he said
that he had desk-room with Judge Gan
tenbein, who was then adjutant-general.
The office was a public office and many
people called there daily. At least six
persons had keys to It. The maps were
scattered about his table all the time.
When Jones called to deliver the plats
he remained but a few minutes; did not
ask to see the map; witness would not
swear that he saw the map of the pro
posed reserve at all.
"When you gave Mr. Lewis the data
to prepare the map, did you tell him what
It was for?"
"Oh, yes. I toid him what It was
for; that It was for a forest reserve in
Eastern Oregon," witness hastened to
answer.
"When did you first learn that your son
had lands Included in the proposed re
serve?" Question Confuses Witness.
The witness stammered, grew confused
and made several false starts. "I did
not know that he had lands up there
that Is, that he owned lands that is,
not then."
Answering affirmatively and negatively
a long series of leading questions from
Mr. Huston, witness said that he never
promised to do anything for Mays in
return for the gift of school land certifi
cates; that he never promised Mays that
he would do anything; that he never
agreed to make a favorable report on
the reserve, or to expedite the creation
of the reserve, in return for the certifi
cates; that when he made his report, on
the reserve he used his best Judgment,
did what he thought was Just and right,
and If he had the same thing to do
over again, would not do differently.
Witness was asked whether he ap
peared before the grand jury In this
case. He said he did. Mr. Huston wanted
to know if he told the same story in the
grand Jury-room that he told on the wit
ness stand. Mr. Heney objected, unless
the defense was laying a foundation for
the Impeachment of the witness. Mr.
Huston said that was the Idea. The
question was stricken out and Mr. Hus
ton took a new tack.
"Did Binger Hermann ever make any
Intimation to you In any manner that
he wanted either a favorable or
unfavorable report on the Blue
Mountain reserve, or did he ever
give you any Instructions at all, other
than contained in his official letter to
you ?"
There was no hesitation this time.
Witness declared emphatically that all
Hermann's correspondence with him had
been purely official.
Witness also denied that either Senator
Mitchell or Congressman Williamson had
ever attempted In any manner to Influ
ence his action in recommending the re
serve. "Are you so unfortunate as to be un
der indictment In these land fraud
cases?"
"Yes," responded the witness. "In an
other case, not this one." he added, re
plying to a further question.
"Have you ever at any time, either
directly or indirectly, been promised any
Immunity or leniency in return for your
taking the stand for the prosecution in
this case, or have you any hope of such
Immunity of leniency?"
Had Hopes of Leniency.
"Well, I have, that is I had, hopes for
some leniency, but I don't expect it."
The unkind audience smiled out loud.
"You have talked with Mr. Heney and
mV. Neuhausen and Mr. Burns about this
case frequently, have you not? They
have cross-questioned you pretty thor
oughly, haven't they?"
"They have asked me a great many
direct questions, yes," parried the wit
ness. "I want to explain here," he added,
after a momentary pause; "Mr. Heney
and Mr. Neuhausen have treated me very
well In my talks with them. They never
told me I waa a liar. But I didn't get
along very well with Mr. Burns, the
secret service detective who helped Mr.
Heney.
"I want to say that I have testified
here without any compulsion. I have
been treated right by these gentlemen
here."
Answering another question, the wit
ness stated emphatically that he had
never consulted with any of the defend
ants, or the attorneys for the defend
ants, since the trial began, nor had tne
slightest communication with them.
Mr. Fenton cross-examined the witness
on behalf ot Mr. Mays. Witness said
regarding his call at the United States
Surveyor-General's office to see Mr. Row
land about the map, that he was strongly
of the opinion that he told Rowland what
he wanted the map for; that he was
going over to Eastern Oregon to examine
a proposed forest reserve. He did hot
remember telling anybody else in the of
fice the same things, but made no at
tempt to keep the matter secret.
"In other words, you dealt with the
people there as one public official dealing
with another; In entire good faith?"
"That was it, exactly."
"When Mr. Mays made that remark to
you In presence of Mr. Jones about the
school land certificates, did you feel that
an attempt was being made to influence
your official actions unduly, or was your
hesitation to talk with him merely due to
1 the fact that you did not understand the
law and 'thought that you could not hold
any more school lands?"
"I did not at that time. I did not think
then that I was being influenced. I did
not understand the law; that's what I
asked Mr. LaForce to go see Mr. Mays
about."
Mr. Fenton developed by further cross
examination that at two different times
witness had held a mortgage on proper
ty belonging to LaForce's wife, and had
finally been compelled to foreclose and
take the property. He had never heard,
however. That LaForce was claiming
that the certificates had been turned over
to him as collateral.
Before Mr. Fenton could go further.
Captain Ormsby said he wished to make
a further statement. In substance he
said, speaking with manifest hesitation,
but apparent frankness:
Admits Influence of Certificates.
"I want to say. gentlemen, that those
school land certificates did influence me,
in a way they did. , I thought the school
lands were going into the reserve and
I knew that I had a chance to get lieu
lands for them. It is true I didn't know
where the school lands were; I didn't
know that they were in the proposed re
serve, as a matter of fact, and when I
cut out lands In my map I didn't know
what lands I was cutting out.
"But the certificates had some influ
ence. They made me feel like making a
favorable report. I want to be fair here;
I want you to understand that. I am
going to make a clean breast, of every
thing. In the first place I wanted to
make a favorable report. In the second
place was the fact that Mr. Mays and
his people and all the people up there
Beemed to be in favor of the reserve,
and to want It established. And hi the
third place, 1 honestly believed that It
would be a good thing for the public." .
"That Is to say," queried Mr. Fenton,
kindly, "In spite of the fact that you
had the certificates, you would not have
done what you did, do iU. you had not
thought that you were doing Justice to
everybody and performing your official
duty fully and honestly? If you had not
believed that what you were doing would
be of benefit to the general public you
would not have recommended the crea
tion of the reserve?"
"Yes," answered the witness, simply.
Further questioned, witness stated that
his official title had been Forest Super
intendent, that he was under a salary of
$2000 a year and held office at the will
of the Secretary of the Interior.
At this point the noon recess was ta
ken. Afternoon Session of Court.
Four witnesses gave testimony at
the afternoon session of court, that of
Captain Ormsby being concluded at 3
o'clock. Dan W. Tarpley will be cross
examined the first thing this morning
He left the stand to give place to C.
A. Johns, of Baker City, who was
anxious to give his testimony and re
turn home. W. M. LaForce was the
other witness.
The cross-examination of Captain S.
B. Ormsby was continued in the after
noon. "I left Salem May 5, 1902, and re
turned to headquarters on the 24th,"
said he. "I was in the performance of
service during my entire absence, and
was 13 days examining the exterior
bounds of the proposed Blue Mountain
forest reserve. I kept a diary on the
trip, but think I must have lost it. It
contained memoranda concerning each
settler I tenet during my trip. I en
countered a number of settlers who
did not wish to be Included In the re
serve, although they had no other ob
jection thereto.
"It was not always possible for me
to cut out each settler's place, as 1 had
to proceed along township lines; con
sequently, when I found that one-half
of a township was occupied by them, I
excluded the i whole. My orders were
to make a compact reserve.' I made
the pencil notations on the map while
In the field. My report of July 23 was
based on what I found in the field. It
contained the substance of what was
in the diary.
"I do not know Dr. Alonzo Cleaver,
of Baker City, but have heard that he
represents the mining interests. I ex
cluded certain lands on his representa
tions. Have not talked with Senator
McBrlde, Mr. Simon or Dr. Cleaver
about the matter. I had no instruc
tions from the department to exclude
mines. Mineral lands can be located
In a forest reserve, and it was not gen
erally understood that a claim would
be interfered with. Under the forest
reserve laws, the veins must be con
tinuous, and the claims contiguous, in
order to take timber oft" from one for
use on another, even though owned by
the same company, and for that reason
the miners did not want the claims
Included.
"The prime object of forest reserves
is to preserve the timber from fire, and
my Instructions were to make every
thing subservient to that idea. The
graxlng feature also cut considerable
figure.
On re-direct witness told Heney that
he had refused to talk further In Jones'
presence when the Mays offer of two
sections of school land was made to
him because he did not'want Jones to
hear anything that passed between
them with regard to the certificates of
sale.
"If I had gone to the Surveyor-General's
office on April 14 to get the blue
print," he continued, "my diary would
have shown the fact. I only had the
one blue print on the trip at least I
do not remember seeing any in King's
office."
La Force Called to Stand.
W. M. LaForce, who Is alleged to
have been the go-between In all mat
ters affecting the negotiations for the
transfer of the two school sections
from Mays to Ormsby as a reward for
the latter's services in securing the
establishment of the reserve, was the
next witness. He is a local attorney,
with an office In the Chamber of Com
merce building, and Is a typical "Sunny
Jim" in appearance. He has known
Mays about ten years, and Captain
Ormsby 37 or 38 years, clothing his
task of officiating as mutual- friend
with a great many inviting possi
bilities. "I remember the circumstance of Orms
by coming to my office relative to the two
school sections," he testified. "He told
me that Mays wished to compliment him
on behalf of his clients for the manner
In which he had established the forest
reserve, and for me to go to Mays and
find out about It. I called on Mays, and
if I remember correctly, he .asked me
many questions about Ormsby, and I told
him the extent of my acquaintance with
the latter.
"Mays told me to take two sections of
school land and keep them in my pos
session, and !f the forest reserve was es
tablished, to deliver them to Ormsby, and
if It was not established to return the
sections to him. The certificates of sale
did not come Into my possession until
about 60 days after this conversation,
which occurred the last of May, 1902.
They were delivered to me In four envel
opes by Mr. Mays in my offlice without
comment. On the end of each envelope
was the description of a half-section of
land. Each contained three papers: cer
tificate of location, certificate of sale, and
assignment. I put the documents in a
pigeonhole, and afterwards told Ormsby
about it In my office while he was on one
of his customary trips from Salem.
"Later W. N. Jones asked me If it
made any difference If two other half
sections were substituted for two already
In the envelopes, saying they had been
inadvertently Included. I hesitated to
make the change at first, and told him
I would write to the Captain about it and
get his permission. That Is probably the
letter the Captain refers to as notifying
him that I had received the certificates.
Ormsby did not reply, but the next time I
saw him, he said I could do as I pleased
about It. I thereupon opened the en
velopes and examined the field notes of
the half sections they contained, and then
examined the field notes of the two half
sections Jones proposed to trade, and as
I could see no difference, I made the
change. Later Captain Ormsby told me
he wanted to pay Interest or. the deferred
payments, and asked me for the certifi
cates. I gave them to him with the
understanding that if the reserve was
not established he was to return them to
me. The Captain claims I mailed them
to him, but my recollection Is that I gave
them to him personally. I retained the
envelopes, giving him the contents.
Obtained Information for Mays.
"On July 3, 1902, I held another conver
sation with Mays."
Here witness claimed the privilege, of
attorney and client in his relations with
Mays in this connection, but Judge Hunt
ordered him to answer Heney's question.
"He employed me to see Captain Orms
by," continued the witness, after his
claim of personal privilege had been de
nied, "and get certain Information from
him in connection with the forest reserve.
One was to see whether or not Ormsby
made his report recommending or reject
ing the reserve; also the limits of the re
serve, and whether Captain Ormsby had
given out certain information regarding It.
For this service I was to be paid my ex
penses and receive a contingent fee, de
pending In amount upon the success or
failure of my mission. I got a small fee
for what I did, as my trip was barren of
results.
"I went up to Salem and saw Captain
Ormsby, July 4, 1902, at his office in the
State Capitol building. We went over
the. details together relative to my get
ting the. desired information, but. he as
signed arbitrary reasons for not giving
me the Information, claiming it was an
official matter that should be kept within
the private knowledge of the department.
I do not think Mays urged a change of
lines in the boundaries of the reserve, and
if the Captain says so, I think he must
be mistaken. I will not swear whether
Jones told me that Ormsby was running
lines so as to leave out certain lands be
longing to Mays.
"I reported to Mays on July 5, telling
him of the futility of my trip and say
ing I could not get anything definite from
Ormsby. Three or four months afterward
I had a talk with Jones relative to the
change In the half-sections, in which the
question of dispute between Mays and
Tarpley came up. and I tried to adjust
the difference. Jones gave me a list of
lands, and I went to Tarpley with It
at Jones' request. Tarpley made certain
concessions which I reported to Jones,
and subsequently told Mays about It.
The latter intimated that he had lost in
terest in It."
This was the dispute in which 1t was
alleged that Mays had threatened to
"checker-board" the Tarpley-McKinley
locations unless they divided them with
the Mays syndicate.
Dan W. Tarpley Testifies.
Dan. W. Tarpley, whom it was claimed
by Mr. Heney In his opening statement,
had been reprimanded by Mays for "but
ting In" when himself and McKlnley had
located 17,000 acres of school land in the
proposed reserve ahead of George Sor
enson. was then called to the stand,
and related the whole transaction cover
ing the methods employed by him In ob
taining knowledge that the reserve was
to be' created.
"I first obtained Information concern
ing the proposed reserve In April, 1902,
from Captain Ormsby's son, Merritt, in
his father's office at Salem," testified
Tarpley. "It was contained in a letter
from the Commissioner of the General
Land Office to Captain Ormsby. After
reading It, I took steps to secure the
school sections in the limits of the new
reserve as described In the letter. I first
made a map of the country, and then
went to the State Land Board and looked
up the vacant sections, finding about
20.000 acres In that condition. I reported
these facts to McKlnley here in Portland,
and he told me about a man named R.
S. Hyde, from Wisconsin, who was stop
ping here, and who agreed to put up
$4000 in getting hold of the school sec
tions. The next day McKlnley, Hyde's
son and myself went up to Salem and
purchased 16.000 acres of this amount,
paying 25 cents an acre, down, the ma
jority of the certificates of sale being
left in Hyde's hands as security for the
money he had advanced."
Witness here Identified a large number
of certificates as the ones embracing the
tracts he had located.
"After acquiring these certificates,"
continued Tarpley, "on April 21, I met
George Sorenson In the State Capitol
building. He was up there for the pur
pose of buying lands in the same dis
trict. The first 116,000 acres MaKinley,
Hyde, Merritt, Ormsby and myself
OVt vow,
were interested in, and the other 1600
acres McKlnley and myself owned be
tween us. About May 1, 1902, I was told
that Mays wanted to see me. When I
called at his office, he told me that he
understood that I had bought some
lands In the Blue Mountain forest re
serve. I told him I had, and he said
they were some he expected to buy,
and demanded that I should give him
one-half of my certificates. I asked htm
why, and he replied that It was be
cause of the expense of getting the re
serve through. I answered that there
were about 200,000 acres of school
lands within the limits of the pro
posed reserve, and If each section was
assessed upon the same basis as our
lands, the cost of getting it through
must have amounted to about $500,000.
Offered LaForce 50 Cents an Acre.
"Later I met La Force In the Cham
ber of Commerce building, and ne in
formed me that M:iys wanted to see
me again. I told Mays that I would
give him a sufficient number of cer
tificates of sale to amount to 50 cents
an acre on all the land I owned, or
about $Sr00. This conversation must
have been before the withdrawal. I
made this offer of 50 cents an acre
without consulting McKlnley.
"Sometime during 1904 I received
some certificates of sale from S. B.
Ormsby covering two sections of
school land. I knew they were within
the limits of the temporary withdrawal.
These I sold to George Sorenson, who
told me they were for Deputy City At
torney J. J. Fitzgerald, of Portland."
By consent of counsel, the cross-examination
of Tarpley went over until this
morning, and C. A. Johns, of Baker City,
was placed on the stand. He told about
coming to Portland October 25. 1902. with
a delegation from Eastern Oregon for the
purpose of seeing Senator Mitchell and
protesting against the establishment of
the reserve. Among those who accom
panied Johns on this occasion were: J. L.
Rand, Joint Senator from Baker, Malheur
and Harney Counties; J. H. Robblns, a
member of the Legislature from Baker
County, and connected with the First Na
tional Bank of Sumpter; N. C. Richards,
an attorney of Sumpter; Emll Melzer, of
the North Pole "mine; Clark Tabor, Mr.
Muller and Judge Fassett.
Witness testified that he telephoned to
Senator Mitchell, making an appointment
with him, and that the delegation met
him In he reception-room of the Hotel
Portland. ,
"We urged upon him the necessity of
having the order creating the reserve re
voked." said Mr. Johns, "but the Senator
replied that he did not have much faith
in being able to do so. as the creation of
reserves was a pet hobby of President
Roosevelt.
"Senator Mitchell also told iis about
having received a petition, which he had
presented to the General Land Office,
asking for the creation of the reserve.
We asked him for a copy of the petition,
but he never sent It to us. As I remem
ber, he did not express any personal opin
ion In regard to the advisability of creatine-
the reserve."
William E. Valk. M. J. McVean and J.
F. Casey, three clerks In the General
Land Office, arrived last night from
Washington. D. C, and will testify at the
pending trial.
In all probability S. A. D. Puter will be
called to the witness-stand within the
next day or two, as his name played a
prominent part In Tarpley's testimony at
one stage, although Heney quickly with
drew the question after Tarpley had an
swered that he had held a conversation
with Puter about the school sections Mays
was going to "checkerboard."
"Withdrawing evidence," said Judge
Pipes, mournfully, when the Government
prosecutor asked to withdraw a question
that Tarpley had already answered, "Is
like ringing a bell you can never recall
it."
The case goes on at 9:30 this morning.
HONOLULU JURIST " HERE
Judge Humphreys Says Portland's
Trade Opportunity Is Good.
Judge A. S. Humphreys, of Honolulu,
is in Portland, a guest of Francis J.
Heney. special assistant to the Attorney
General of the United States. Judge
Humphreys and Mr. Heney are old per
sonal friends. Judge Humphreys was
formerly on the. bench In Honolulu, where
he served three years.
He is very much Interested In the un
dertaking to establish trade relations be
tween the merchants of this city and
those of his home.
"There is no reason why the business
men of Portland should not get their
share of trade from Hawaii." Judge
Humphreys said yesterday, "and from
present Indications I believe that they
will. For years Honolulu people have
been purchasing goods at San Francisco,
and now that a steamship line has been
put in operation between Portland and
the Islands, I think a great deal of mer
chandise, will be purchased and shipped
from here.
"Within a few days one of our best
known and largest merchants will arrive
in Portland to buy a bill of goods. This
gentleman is A. Blom, of Honolulu, and
I suppose he will buy In the neighbor
hood of $30,000 or $40,000 worth of goods.
Our country is Improving wonderfully.
Thousands of people are employed the
year around on the sugar plantations,
and we are developing every other in
dustry, including the cultivation of pine
apples, bananas and other food products,
on an equally lsrge basis. Hawaii Is
prospering a never before In Its his
tory, and now Is the time for the Port
land people to establish a trade that
will remain with them forever."
Judse Humphreys will remain In Port
land some time. He Is registered at the
Hotel Portland.
NEW FALL MILLINERY
Is now being shown in many of the new
est shapes at Le Palais Royal, 375 Wash
ington street.
Toor DnrnM Win Tell Yon
that Murine Bye Remedy Cures Eyes. Makes
W'eak Byes Strong;. Doesn't Smart. Soothes
Eye Pain, and Sells for 00 cents.
If Wooden Mains Are Recommended,
They May Replace Castlron Pip
ing Here at n Croat
Saving to City.
First steps to bring about the adoption
of wooden water mains for the' City of
Portland have been taken by Engineer
Clarke, of the Water Department, who
has left upon a trip to examine conditions
in other cities. Mr. Clarke Is now in
Seattle examining the wooden water
mains which are in u?e there, some of
which have been laid for years. He will
visit Tacoma before he returns to Port
land Monday. Mr. Clarke left Portland
Thursday.
1'pon the report of Mr. Clarke Is thought
to hinge whether or not the day of the
castlron pipe In Portland Is over. Mem
bers of the board are much Interested In
wooden water mains, and have expressed
themselves as favoring their installation
if It can be demonstrated that they are
as serviceable as cast-Iron pipes. Wooden
mains can be had for less than halt the
cost of metal pipes, and it Is asserted that
their life is fully as long, If not longer.
Mayor Lane Is an enthusiast on the sub
ject of wooden piping, and will not be
satisfied until a satisfactory test has been
made. He has had but little practical
experience with wooden pipes, but he Is
hungering for Information and is extreme
ly desirous of finding out whether wooden
pipes are all that has been claimed for
them.
Opposed by the Mayor.
The Mayor is of the opinion that they
can be Installed in the streets of Portland
at a decided advantage. He has been
conducting an Investigation for the past
few months, and has just about reached
the point where his mind Is made up that
wooden mains are very desirable.
"I do hope that wooden water pipes are
found to be practical for use here, and I
rather believe that they will." said the
chief executive yesterday. "If they are,
we shall be able to give the people much
better service. Wooden mains cost less
than half that of the metal pipes, and If
they are as good we could make great
Improvements In Portland. We could put
in more and larger mains, and conse
quently provide better and more satisfac
tory service."
At nearly every meeting the Water
Board awards fat contracts for the fur
nishing of castlron mains to give addi
tional service and to replace pipes that
have worn out. The city Is confronted
with pressing improvements of the water
system which will aggregate thousands of
dollars. To make the changes recom
mended In the report of the National
Board of Fire Underwriters, about $110,000
will have to be expended for castlron.
pipes alone. This Is not taking into con
sideration the expensive construction,
work.
High Cost of Iron.
The estimate of about $110,000 to carry
out the recommendations of the under
writers is a conservative one made by
Engineer Clarke. That the price of cast
iron Is rapidly advancing was painfully ap
parent at the Wednesday meeting of the
board when a contract for castlron pipe
at $39.50 a ton was awarded to the Oregon
Iron & Steel Company. Last year the
city procured a large order of steel plpa
for $35.75. There is an unprecedented de
mand for castlron throughout the United
States, and as a general thing the foun
dries are so rushed that they are away
behind on their orders. This may causa
the price to advance still more.
There Is no question but that all ths
Improvements favored by the underwri
ters will have to be made In time. Con
sequently, If wooden pipes can be in
stalled Instead of metal mains the city
will be saved a large amount of money.
It Is believed that If the city decides to
Install water mains that a local Industry
could be created here. Those who have
made inquiries say there is no reason why
the mains could not be manufactured in
Portland just as well as in Seattle, Ta
coma and other cities.
As to the life of wooden mains, they
are said to last fully as long as castlron
pipes. If the wood Is kept saturated it la
said that they will be preserved Indefinite
ly. The water acts as a preservative, and,
decay cannot set in unless the water la
withdrawn. Where the pipes are allowed
to dry the wooden mains waste very rap
Idly. But in Portland there Is" no reason,
why the mains should not be kept full
all the time.
When Engineer Clarke has returned to
Portland he will make an exhaustive and
thorough statement for the benefit of the
members of the board, which will be sub
mitted at the next meeting. There are
several mains In Seattle which he Is ex
amining with particular interest. They
are large mains which have been In op
eration for a great many years, and are
said to be about as good now as they were
when first laid.
LOSES HIS WAY IN CITY
I. L- Cole, Cornelius Druggist, Finds
Family With Aid of Police.
I. L. Cole, of Cornelius, who says he
is 70 years old, the fastest runner on
the coast, the best police officer San
Francisco ever had, a doctor by profes
sion and a chemist who makes his own
medicines, last night lost his wife and
children In the mazes ot the city. The
doctor had come to town with his wife
in a large covered wagon to make a few
purchases for use on the farm. Leaving
his spouse he set out to visit the drug
store of Woodard, Clarke & Co. This he
found without difficulty, but for the life
of him he could not retrace his steps.
For an hour or more he wended the
streets of the city, covering all the terri
tory from the heights to the waterfront
and from Lovejoy street to the Plaza
block. Naturally on his continued pil
grimage he grew thirsty and stopped
many times "Just to, wet his whistle."
With each drink he grew more confused,
and at last his wandering footsteps took
him to the police station. Here as he
was telling his tale the phone rang and
the faithful Mrs. Cole was on the other
end. peeking Information of her mis
guided hubby.
The doctor and Mrs. Cole were happily
reunited by Ofllcer Wanless at Third and
Yamhill streets, where the wagon had
been standing all the time.
NERVOUS WOMEN
Take Hots ford's Arid Phosphate
It quiets the nerves, relieves nausea and
sick headache and induces refreshing sleep.