Morning Oregonian., September 12, 1906, Page 12, Image 12

THE MORNING OREGONIAN, WEDNESDAY, SEPTE3IBER 12, 1906.
HENEY READY FOR
EFFORT OF LIFE
Prosecutor of Land Thieves
Anxious for Chance to
Talk to Jury.
ARGUMENTS UNDER WAY
fJriMol Opens for Government and
Huston Follows for Defense.
Hill, Fenton, Pipes and
Heney Talk Today. -
EXCERPTS FROM HUSTON'S
AROfMENT.
"Senator Mitchell! The poor old man
la dead! Ha la gone! He had hia
weaknesses, but wai It any disgrace
to vote for him? If that la ao, there
are a great many outcasts In Oregon!"
"From the bottom of my heart, I
believe Hermann la a persecuted man,
and that be la the victim of the malice
of Secretary Hitchcock."
"We may eay what we please bout
McKlnley; we may abuse Dan Tarpley
and the others to our heart's content,
and Mr. Heney will not lift hia voice
in protest; but the minute we raise a
linger against his darling Puter, we
get Into a row instantaneously."
That Francis Joseph . Heney Is con
sumed with an overpowering desire to
make the. crowning effort of his life
when he comes to deliver the closing
argument for the Government In the
Blue Mountain forest reserve case to
day, was apparent to all who witnessed
the tactics of the special assistant to the
Attorney-General of the United States
during yesterday's proceedings in the
great land-fraud trial.-
As Mr. Huston so aptly put It, Heney
"sniffs the battle from afar," and is
'so eager to measure forensic swords
with the other side that he carl hardly
contain himself. He kept constantly In
terrupting Attorney Huston during the
course of the latter's plea for the de
fense last night, and also Interjected
numerous promptings Into the splendid
argument of United States District At
torney Bristol, so that everybody could
see that the Government prosecutor Is
fairly bubbling over with the effer
vescing desire to debate the issues of
the celebrated case that Is fast ap
proaching its end.
In all probability Mr. Heney will be
afforded the chance he craves either
this afternoon or tonight, as there are
bright prospects of the case going to
the jury before the Federal Court ad
journs at this evening's session. United
Slates Attorney Bristol opened for the
Government yesterday, and he was fol
lowed by S. B. Huston, of Hillsboro,
who pleaded the cause of Willard N.
Jones. This morning bright and early,
W. Ilr Hill, of Oakland, Cal.. former
law partner of Defendant Mays at The
Dalles, will speak for his old-time friend
and associate, and the silver-tongued
William D. Fenton, chief counsel of the
Southern Pacific Railway Company, will
likewise beseech the. jury to acquit the
State Senator. Martin I. Pipes, whose
shafts of satire have been a feature of
the three weeks' trial, will close in his
effective fashion for the defendant Jones,
and incidentally ask the Jury to acquit
all the defendants, and then will come
the fireworks, because it will mark the
appearance of Mr. Heney primed with
an oration that is bound to make the
soul of Cicero grow green with envy, if
Indications count for anything.
For five hours yesterday United States
District Attorney Bristol assailed the
line of defense Ret up in the Blue Moun
tain Forest Reserve case before Judse
Hunt and a jury In the Federal Court,
and when he had finished. Just as the
shades of night were falling fast, it was
the general opinion that he had demol
ished a great many of the enemy's ram
parts with his logical bombardment.
Mr. Bristol traversed every intricate
pathway of the testimony, and as Moses
of old led the children of Israel through
the wilderness, the jury was made to
feel that in the Government attorney
they possessed a guide who was certainly
effective in teaching the talesmen the
mysteries of their surroundings.
Bristol finished a few minutes before
5 o'clock -in the afternoon, and Jurlse
Hunt directed that a night session should
be held.
In the evening the courtroom was
crowded, and It is more than likely that
the closing hours of the spectacular trial
will witness the banner attendance since
the land-fraud cases began. There seems
to be always a morbid desire for the
crowds to gather at any given point
where human hearts are made to suffer.
Just the same that it is the universal
practice for a band of cattle to gore some
fallen member of the herd.
Attorney Huston, for the defense,
only spoke an hour and a half, and
there was not much of an attempt at
rhetorical effort, but he did his best
under the circumstances, and was ac
corded respectful hearing by the Jury,
although his arguments did not seem
to make much of an impression with
the body. He combatted the idea that
there had been any definite boundaries
of tilt. Blue Mountain forest reserve
established prior to the location of the
school sections by his clients, and that
consequently Jones was in the dark
respecting the particular tracts to take,
and merely took a chance when he filed
nn those secured, many of which were
outsldu the boundaries of the reserve as
finally established, he said.
"Wut none of them were outside the
limits of the temporary withdrawal,"
interrupted Mr. Heney, to which there
wh no explanatory response.
The trial of Mays, Jones and Soren
sou will be resumed at 9:30 o'clock this
mornli'g.
APPLES FOR THE ORIENT
a Hood River apple with as much relish
as does an American or European.
It is thought that a large business can
be worked up in the Orient and the brisk
demand of the comparatively few and
small shipments of apples received there
Justifies this belief. The Eastern Import
ing Company is familiar with the terri
tory, is in a position to advertise and
augment the sale of the product, and for
these reasons It received a contract from
the Hood River Applegrowers' Union.
J. Hamilton Sawyer, the Portland repre
sentative of the company, has been cor
responding with the Hood. River fruit
growers for some time.
A box of apples can be shipped to the
Asiatic ports for about 27 cents, while
to send a box to New York and England
costs BO cents and 75 cents respectively.
The apples will be shipped in specially
made boxes, lined with paper. Every ap
ple will be wrapped. This will be done
to Insure complete preservation. Experi
ments will be conducted by the Eastern
Importing Company to ascertain what
variety is best fitted to withstand the
climatic changes.
Hood River apples are "not eaten all
the way from the north pole to the
south pole, but they come very near be
ing shipped clear around the world. New
markets are constantly being opened.
They are now shipped as far north as
Alaska, as far south as Mexico, and
they go east to Europe.
ADVISORY BOARDS NAMED
DIRECTORS IT SEA
School Board in a Quandary
Over Unfinished Buildings.
AT WAR WITH CONTRACTOR
Boys' and Girls' Aid Society Holds
Monthly Meeting.
The regular monthly meeting of the
Board of Trustees of the Boys' and Girls'
Conference With J. E. Bennett Re
sults in Notification That Ho
Will Be Penalized to Limit
Because of Delays.
. A white elephant is on the hands of the
Board of Education, in the shape of the
additions which are now being construct
ed to several of the public school build
ings of the city, and more especially In
the person of J. E. Bennett, who holds
contracts for the construction of the ad
ditions to the Sunnyside, East Twenty-eighth-street
and Holman schools.
At a special meeting of the board yes
terday afternoon Mr. Bennett was
brought to account for his long-continued
delays in completing the three buildings,
and was also asked to explain why he
has been using material below standard
Oregon Fruit to Be Shipped Across
the Pacific.
Hood River apples are soon to become
as famous In the Orient as thry are now
in New York and the European cities.
The Eastern Importing Company, which
has branch offices In all of the large
Asiatic ports and cities, has contracted
with the Hood River Applegrowers
Union to handle the product in the Ori
ent. The company will control all of the
apples that go to Asia and will sys
tematically Introduce them.
So the famous Spltzenbergs and New
towns will very shortly be as easy to
nrocure In Shanghai, Canton, Hongkong,
Tokio. Port Arthur, Calcutta. Bombay
'and other big Oriental cltieg as right
here In Portland except that there will
be a difference in price. It is expected
that the apples will be readily purchased
by the tourists, foreign officials and the
Mirher classes of the Celestials. A Chi-
pesa or a Japanese or an Indiaa enjoys
ANNOUNCES PURPOSE TO RETIRE FROM SCHOOL BOARD
"' - ' a ? Jt,
V
RICHARD WILLIAMS.
Richard Williams has notified J. V. Beach, chairman of the Board of
Education, that he has decided to resign his membership in that organ
ization. Mr. Williams has not yet handed In his resignation, but expects to
do so, according to Mr. Beach, in time for it to be acted upon at the next
regular meeting. Mr. Williams Is the senior member of the Board of Edu
cation. He was first elected to that position about 15 years ago, and hag
had a voice in the supervision of the city schools continuously since that
time, being each time re-elected at the expiration of his term. Poor health
is the reason given as the grounds for his resignation. For some time Mr.
Williams has been unable to attend the meetings of the board regularly,
and has often been compelled to absent himself from several sessions in
succession. Ever since he was first identified with the board Mr. Williams
has taken an active part in its affairs, holding the chairmanship, which
goes by rotation, several terms and occupying positions on important com
mittees. At present he Is a member of the committee on judiciary and
the committee on repairs.
Society was held yesterday afternoon
in the chambers of Federal Judge Gilbert,
Hon. George H. Williams in the chair.
Reports of the officers for July and Au
gust were read, and current bills tor
July and August amounting to $1387.62
were ordered paid. Aninteresting report
by the superintendent was read and rou
tine business gone through witn.
W V Gardner, superintendent. In his
report showed that excellent work had
been accomplished during the past month
by the organization. He reported that
there are now 48 children at the receiv
ing home. Advisory boards throughout
the state have been organized in the fol
lowing counties: -
Benton, at corvauis fresiaent, u. w.
Denman.
Clatsop, at Astoria President, Dr. A.
A. Finch.
Columbia, at St. Helens President, E.
B. Quick.
Douglas, at Roseburg President, J. C
Aiken.
Jackson, at Ashland President, George
Dunn.
Josephine, at Grant's Pass President,
Theo Cramer.
Lane, at Eugene President, Mrs. Laura
Lowe.
Linn, at Albany President, C. H. Stew
art.
Marlon at Salem President, Daniel J.
Fry.
Polk, at Dallas President, H. S. Butz.
Washington, at Hillsboro President, W.
M. Barrett.
Yamhill, at McMinnville-i-President, B.
F. Rhodes.'
Wasco, at .The Dalles President, A. E.
Crosby.
' Union, at La Grande President, C. H.
Finn.
Umatilla, at Pendleton President, Mrs.
C. F. Colesworthy.
Baker, at Baker City Of fleers ' not yet
elected.
BOYS BURN IN CANNERY
Kidnaped From San Francisco, They
Perish in Alaska While "Doped."
SAN FRANCISCO, Sept 11. News
has reached this city that Willie Syl
via, aged IS years, who was enticed
from his San Leandro home by a Chi
nese boss for the Alaskan fisheries, is
dead. Six other hoys, who were Sylvia's
companions on the trip north, are also
dead and their bodies lie in unmarked
graves on Coffee Creek,-Alaska.
Young Sylvia was missed from his
home April 15 and his father was told
that he had been kidnaped and was
about to be taken to Alaskan canneries
in the ship Santa Clara. The police
searched the Santa Clara without avail.
It lias since been learned that the boy
had been hidden on the vessel by Chinese.
June 2 the cannery where the boy
worked was fired and it is said that
when efforts were made to arouse
them, it was found that they had been
stupefied by opium smoke. The flames
made such rapid progress that it was
(i(PPossibie to aye them.
in the erection of the buildings. An open
break resulted between Contractor Ben
nett and the members of the board, and,
although several ways of adjusting the
matter were suggested, none was accept
ed. The final action was a decision by
the board to penalize Bennett to the full
extent allowed under his contract, for de
linquency. " "
i Members of the board have become
thoroughly anxious to be done wilh Ben
nett, because of his many delays and al
leged inferior work. He, on the other
hand, is just as anxious to get rid of the
jobs which he has undertaken, asserting
that the board Is combining against him
and especially that Architect Jones has
acted unfairly In rejecting material as in
terior which the contractor claims was
fully up to standard. The trouble is that
the board and Mr. Bennett cannot agree
as to the terms upon which he shall step
down and out.
The board yesterday proposed to take
the work off his hands and attend to the
completion of it themselves. In doing so
they agreed to pay the cost of the re
maining construction and then turn over
to Bennett the balance of the money up
to the amount of his contracts. This
proposition he declined to. accept. He ex
pressed himself as perfectly willing to
turn the projects over to the board, but
insisted he should be paid in full for the
work already done, regardless of, the cost
which the district would have to meet in
completing the buildings.
A long controversy occurred ibetween
Bennett and -Director Wittenberg as to
the quality of the material used In the
buildings. Mr. Bennett maintained
that he had used only first-class lumber,
but Mr. Wittenberg asserted that in
many cases it was green and entirely un
fit for use. He referred especially to the
Holman school, and said that the board
would be willing -to accept the work if
any reliable contractor in the city would
agree, after Inspecting it, that it is a
good job. Some of the lumber from' the
Holman school was . exhibited at the
meeting, and served as a text for the con
troversy. Finding that no agreement could be
reached, the board voted to give Mr. Ben
nett, written notification that he will be
penalized to the full for delinquency un
der his three contracts. The contracts
call for the completion of the additions by
September 1, and provide a. forfeiture of
$10 upon each building for each day over
time. Ae each of the three buildings are
far from completed, the fines promise to
reach a high figure, and it is thought that
Mr. Bennett may conclude that it is
cheaper to abandon the jobs under the
terms laid down .by the board than to con
tinue them and pay the fines.
From present indications the Sunnyside
and Holman schools will not be ready
for occupancy before November 1, and the
Sunnyside school will be finished about
two weeks before that time. Because of
the disagreement which has arisen over
materials, however, it is said that work
has been practically abandoned upon the
Sunnyside school, and the buildings may
not be ready ae-soon as has been ex
pected. Members of the board assert that they
are determined - to oust Bennett on the
terms they have laid down, if it is possi
ble. It is Intimated that the matter may
Jhave to be takeji into tJJ courta, anj if
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this la done, 'a' still longer delay will
ensue. ,
At the meeting yesterday the board also
discussed the election of 12 teacrjers to
take the places vacated by resifrnatlons
since 'the regular election. Final action
wa not taken, however, and It Is prob
able that another special meeting will be
held Friday to fill these positions.
SALOONKEEPER ARRESTED
Jim Kelly Is Charged With Selling
Liquor to Young Girls.
Professor Jim Kelly, the prizefighter
trainer, who i temporarily In charge of
the saloon of Mysterious Billy Smith at
69V4 Third street, waa arrested yesterday
oa twov.Tarranta swora out by, Jdartla j
Blackburn and I C. Baxter, alleging
that he sold liquor to minors. It Is al
leged that the two girls, both under 18
years of age. the daughters of Mr. Black
burn and Mr. Baxter, have been fre
quenting .the resort.
They were absent from their homes
from Saturday night until Monday morn
ing, and the parents were led to believe
that they had been for the most part
In the Mysterious Billy Smith's saloon.
As Smith is now at Salem attending the
State Fair, they had warrants sworn out
for the arrest of Kelly, who has been In
charge of the business since Sunday. He
denies knowledge of liquor being sold to
minors and declares he knows nothing
of the girls having been in the place. He
was released on $300 ball.
Prompt relief In sick headache, dizzi
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OPENED ANOTHER'S MAIL
Mrs. Ella M. Cook, Postmistress at
Sylvan, Arrested.
Mrs. Ella M. Cook, Postmistress sof
Sylvan, Or., was arrested yesterday
afternoon on a warrant sworn out be
fore United States Commissioner Sla
den by Postoffice Inspector Riches, ac
cusing her of a violation of section
3891 of the Revised Statutes, which
makes it an offense to detain, delay or
open, by any person in the postal ser
vice, any mail matter belonging to an
other. Mrs. Cook and her husband conduct
a store at sylvan, and the Postoffice is
located in their establishment. The
charge against her is based on a com
plaint entered, py. Kelly; &; Snt .who
are business rivals, and who alleged
that trade catalogs addressed to
them hnd not been delivered.
Postoffice Inspector Riches instituted
ah investigation, with the result that
large quantities of the catalogs were
found stacked up in the Postoffice
addressed to Kelly & Son, from which
Mrs. cook admitted having torn the
wrappers. She gave as an excuse
that Kelly & Son were newcomers in
the town, and as her husband was
the only person that had been in the
habit of receiving such mail through
the Postoffice, she had become im
pressed with the idea that this partic
ular lot belonged to him, and had in
advertently opened the catalogs:
The maximum' punishment, for the
offense is imprisonment not to ex
ceed one year, and a fine of not more
than $500, at the discretion of, tha
Judge, -