IS THE MORXINO OREGOXIAX. FRIDAY, APRIL 2G, 1907. EDITOR M'MMIUS IKES THE STAND Says He Bought Gun to Pro tect Himself From Thieves - Who- Followed Him. SHOT ESTES THROUGH FEAR Judge Overrules Efforts of Defense to Show Alleged Bad Character of Man Who Was Killed The Trial Drags Slowly On. ptf TVrjETOTC. Or., April 23. (Special.) iilA F. McManus, editor of the Pilot Kck Record who is now on trial for his Uie for the killing of Robert Eates, took th stand today In his own behalf, and before a crowd which taxed the c'ourtoom to 1U utmost capacity, fully half of whom were women, to(d in detail his version of the shooting and the events leading up to it. He contradicted the testimony of all witnesses who have stated that he said he wanted the gun to kill any one with, and said: "I purchased it for the purpose of pro tecting myself from the thieves and rob bers who had taken my money and who were following me like burglars." He Insisted that he was being robbed when he shot Estes and that the dis covery trightened him so that he pulled the gun and fired without having really Intended to do so. He Insisted that he did not know who the man was when he shot and that It was through fear of being sandbagged or killed that he drew the revolver, after striking the man with hta arm, and that being easy on the trlKger It went off prematurely. The state rAted Its case about 11 o'clock, and as the defendant was kept on the stand for an hour on direct ex amination, he was not cross-examined until after noon and then only for about ten minutes. Character Witnesses Denied. United States Deputy Marshal Short, of North Yakima, was next called to testify concerning the character of Bates and then for more than three hours the at torneys argued the objection Interposed by the state to the effect that no charac ter evidence should be permitted. Inas much as the attorneys for the prosecu tion held that even admitting that Estes was trying to pick McManus pocket at the time of the shooting, the defendant was not Justified In killing him. no mat ter how good or Row bad he was. The attorneys for the defense main tained that the taking of money from the person constituted a felony and that the defendant was Justified in protect ing his property from a felony by kill ing. Believing this to be true, they held that they did have the right to Intro duce testimony to show that the deceased was a pickpocket and robber, and there fore that the defendant's statement of the case was entirely probable. The court sustained the objection and then adjourned court for the day. As uie question to which the state ob jected was a general one as to charac ter, the same point, which Is a vital one In the trial of this case, is sure to come up again In the morning, when the form of the question is changed, and will doubtless require several hours to set tle. Had Made Threats to Kill. Just before closing its case this morn ing the prosecution hurled a thunderbolt Into the camp of the defense by bring ing out the most damaging testimony of the entire trial. It was made by Ed Money, who testifl.jd that he was with McManus the afternoon of the tragedy and that the defendant after telling' of being robbed and saying that the robber was then following him, declared: "I will kill that man before morning; you see If 1 don't." Money is the man who was in the saloon drinking with McManus when the defendant Is alleged to have decided to kin Mccarty, and when the latter was leaning against the wall behind them. He also, at the request of the defendant, accompanied him to the hardware store where he first attempted to purchase a pistol. Dike Mumford, who was brought from a sick bed to testify, corroborated the testi mony, of Money in part, but otherwise did not prove the star witness that the public expected. H. C. McGinnis proved to be an import ant witness, in that all efforts of the defense to shake his statements concern ing the circumstances a few days before the homicide, when McManus mistook Estes for McCarty proved a failure. CUEArEIi TO COURT IX WEST ISishop Scudding Says So In Lecture to Young" Seattle Men. SEATTU2, Wash., April 25.-"Western girls are much cheaper to entertain than l--astern young women," said Bishop Charles Scaddlng, of the diocese of Ore gon, in the Episcopal Church, when he spoke before the Men's Club of Trinity Parish Church in Seattle last evening. "Eastern girls have what are called dou ble appetites In Wintertime the young man spends his money buying them oys ters, which are expensive. In Summer time they demand to be filled with, ice cream on every occasion." It Is experience with -young women of the East, the bishop said last night, that makes him competent to speak on the subject He said that in Seat tle girls can be fed on all kinds of sea food in Winter months at compara tively small cost. But they have so much good sea food that they care for little of It. he explained, la Summer girls who pine for something cool can gaze at the mountains. WEDS HIS DIVORCED WIFE Mrs. Silver Wins Back Affections of Man Who Secured Separation. SEATTLE. Wash., April 2S. Mr. and Mrs. B. H. Silver, of BelUngham. were united in marriage for the second time it Vancouver, B. C, Tuesday night, ac cording to advices from Belllngham. Sil fer obtained a divorce about a year ago, which caused a sensation in society cir cles in tjeiiingnam. About a month ago Mrs. 8ilver came sown to Seattle and attempted to effect reconciliation, and upon failing, attempt ed to cptnmlt suicide In his (Sliver's) room in the Lincoln Hotel by taking poi son. Neither Silver nor Mrs. Silver con fided to friends their Intention to remar ry. The couple left the British Columbia Ulty last night for Wlnnloe. Minneapo lis and Chicago and after a trip, will go to California, to reside In future. Both are prominent In Belllngham soci ety circles, Mrs. Silver having been pres ident of one of the most prominent wom en's clubs In Belllngham. She was hostess Bellini-ham day at the Portland fair and entertained lavishly. Silver went to Van- eo'wsr on tha aajua train as Mn, auvat and relatives of Mrs. Silver decline to admit knowledge of the nuptials, saying all that they know was that the two had gone to Vancouver. KIXE DATS OP WEDDED BOSS Then Trouble Arose for Which Min nie' Johnson Asks Divorce. OREGON CITY, Or., April 25. (Special.) The divorce business in the Clackamas County Circuit Court took a spurt today when four new suits were filed in the County Clerk's office. Mrs. D. Duyer asks for J2000 alimony for the support of four minor children in her suit for divorce against G. E. Buyer, to whom she was married In 18S3 at Redding, Iowa. She alleges desertion In the Spring of 1903. The married life of Mina Johnson and Eric August Johnson lasted exactly nine days, according to the statement of the woman, who sues ber husband for a legal separation. They were married at Fargo, N. D., November 1L 1905. Jessie Dixon is the plaintiff in a suit against Edward M. Dixon, alleging deser tion. They were married at Vancouver. Wash., September 19, 1905, an.d Mrs. Dixon desires to resume her maiden name of Alexander. Minnie Berger, whose husband, J. F. Ber ger, owns real and personal property in Lane County, Or., alleges cruel and in human treatment on the part of Berger, to whom she was married In Prineville, Crook County, Or., February 17. 1901. She alleges thai be used Intoxicants and would desert her from two to three weeks at a time, and because of such neglect she became a victim of nervous prostra tion. 5 BIG APPLES FROM OREGON HOOD RIVER TO SEND DISPLAY TO JAMESTOWN. Will Compete With Virginia on the Albemarle Pippins, the Famous Yellow Newtowns. HOOD RIVER, Or., April 25. (Special.) If plans that are now being laid here are successful, Oregon apples will play an im portant part in the fruit exnibit at ine Jamestown Exposition this year. Or chard men here, realizing the great bene fits derived from exhibits of Oregon fruits at the St. Louis and Lewis and Clark Fairs, are making a canvass to secure funds and a carload of exhibits for that purpose. Already several growers nave volun teered to assist in the matter, among whom are R. H. Weber, of The Dalles, who has subscribed $25 and 25 boxes of apples, and G. r Ciitner, of Hood River, county fruit Inspector for Wasco County, who will prepare 2o ooxes of his choicest apples for thi exhibit, provided other growers will contribute enough exhibits to make up a carload. Realizing that many Eastern sections will have their best apples on display, Including the celebrated Albemarle Pip pins, from Virginia, which are grown near Jamestown, Hood River growers and business men are anxious that the far famed fruit of Oregon be represented by a display that will be second to none. It is believed that an exhibit can be sent to Jamestown that will prove an eye-opener to Eastern fruit men and visitors and add another feather in the cap of the state's already great reputation for superior ap ples. They think that, having secured the majority of the awards at the St. Louis and Lewis and Clark Expositions, the capture of the prizes at Jamestown would establish the supremacy of Oregon and the Northwest as the greatest apple-grow ing district in the United States. SLEW ELK BY THE HUNDRED Men Who Trafficked In Teeth Are on Trial In Idaho, POCATELLO, Idaho, April 25. (Spe cial.) iirdy and BInkley of Los Angeles are on trial in the Federal District Court -FIVE DOLLAR RATE IS ILLEGAL Oregon Railway Commission Demands Old Rate of $3.10 Be Restored. !F NOT, WILL TAKE APPEAL Southern Pacific Given Two Weeks in Which to Make Change State , Board Reported to Be Favor able to Proposed $1 Rate. against W. D. Haywood, Judge Wood today sustained a demurrer to an affi davit upon which the contempt pro ceedings were based. The Judge said he thought the affidavit insufficient, though the general facts of the case brought it within the scope of con- 73, having been born July 22, 1S32, was In vigorous health until stricken with can cer. He enjoyed personal acquaintance of all thenoted men of early days, and in 1855-56, when the Indians began their depredations in Washington and Oregon, Mr. Dean enlisted with the volunteers tempt. Tost was immediately arrested and fought for the protection of the on a warrant issued by Justice of the Peace 'Savldge. This proceeding charges him with felony under a state law which prohibits efforts to influ ence a juror. He was released on bond, his hearing being set for May 4. SALEM, Or.. April 25. (Special.) After due and mature deliberation, the Oregon Railroad Commission has rendered Its opinion finding the $S rate per ton of 2009 Marcus the day before, when they in- KVDIAX WOMAN IS SCALPED Murdered and Her Head Crushed by Party of Drunken Bucks. COLVILLEv Wash.. April 25. (Special.) Mary Ann Lassinger, an Indian woman of the Colville tribe, was found by Mrs. Charley Smith, wife of a halfbreed, dead in the Kettle River the other morning. Mrs. Smith went down to the stream about 8 .'clock for a bucket of water, when the ghastly sight met ber gaze. The bead of the dead woman had been scalped according to the ancient fashion of the Indians, and the head had been beaten in with a stone. The woman had been to Marcus the evening before, where she waited on the north side of the river while the three Indian men companions went to the town, where they became drunk. Prosecuting Attorney J. A. Rochford, Coroner A. B. Cook and Deputy Sheriff C. A. Ledger wood went to the scene of the tragedy, and after empaneling a jury found that the Indian party had been drunk at homes of the settlers. He was married to Miss Eliza Jane Oliver at Steilacoom. He is survived by Mrs. Dean and the following sons and daughters: Mrs. Lizzie Seaddacb of Ne halem. Or.; Miss Amy Dean, Gilbert Dean, George Dean and Alfred Dean, all well-known residents of Aberdeen. pounds upon rough green flr lumber from Portland to San Francisco Bay points, is excessive, discriminatory and contrary to ine rules, orders and regulations of the Interstate Commerce law, alnd, unless the Southern Pacific Company restores the old rate of $3.10 per ton upon the same commodity within a "reasonable length of time, ' about two weeks being consid ered "reasonable" by- the Commission in this case, the case will be placed before the Interstate Commerce Commission through the medium of the Attorney- General of the state. This opinion was rendered this morning and is the outcome of the hearing of the complaint of the Western Oregon Lumber Manufacturers' Association Tuesday against the Southern Pacific Company's action in putting into effect the S5 rate. April 18, to curtail the undesirable traf fic in lumber from interior points south ward. Favorable to Dollar Rate. Whether or not the Southern Pacific sees fit to give heed to this finding and suggestion remains to be seen, but it still leaves the question of a flat rate Qf 11 per thousand from Valley points to Portland undecided, and this movement, which Is being agitated by the Valley mlllmen, is foreign to that embracing the interstate rate, and must be brought before the Commission under separate complaint and petition. Although the Commission has not, expressed Itself officially upon this point nor is it preparing to "cross the stream before it comes to it," it is known that the prevailing sentiment of that body Is In sympathy with the inaugura tion of such relief to Valley marfufac turers and shippers generally, and will declare in favor of the establishment of such an rate when the time Is ripe for such action; Not only will this rate be demanded to Portland, but Its effect may be extended to Astoria and other tide water points. In this connection the officials of the Southern' Pacific Company take the posi tion that the Railroad Commission has no authority to establish a local rate for shipment which is intended for Interstate commerce, whether by ocean traffic or otherwise, but the mind of the Railroad Commission Is clear upon this point and will have no hesitancy in making the rul ing, if the occasion requires, and enter tains no fears of a reversal upon appeal. The Railroad Commission holds that the question of Interstate commerce does not enter into the establishment of a local rate to tidewater points within the state, and it has the opinion of Justice Brewer, of the United States Court, rendered in a parallel case, to back It up. Parallel Cage in East.. In this case, which Involved a ship ment of corn from Harbin, S. D to Tex- arkana, Tex., upon an interstate rate and dulged in a free-for-all fight. The body was turned over to Under taker William S. Prlndle. No arrests have been made, but it is likely the murderers will be apprehended soon. FREE LOVE KILLS THE COLONY Socialistic Community Wiped Out by Action of the Court. BELLINGHAM. Wash., April 25. "Equality," a soialistic colony, estab lished in 1897, and for years pointed to as a successful experiment in collect ive ownership and production, was wiped out of existence by a court or der yesterday. Judge Joiner, of Skagit County, directing that its property be sold to pay the colony's 'debts. The property consists of 800 acres of land, sawmill, printing plant and 20 dwell ings. The colony was established by a National organization known as the Brotherhood of the Co-operative Com monwealth, of which every prominent socialist In the country was a member. A portion of the colonists adopted and practiced free love, and disaster - fol lowed. in this cltv. chareed with ahinnlni. iv I reshlpped from that point to Goldthwaiis, teeth and elk heads valued at $10,000 Tex-- on a local rat8 fixea h? the Texas from the Jackson-Hole conntrv In Wvnm. Commission, the same question, only upon lng through- Idaho to California. Six a reversed order, was raised, and Justice .tirewer neia tnat tne question or inten tion is Immaterial and the local rate, or vice versa, the interstate rate, would pre vail so long as the bill of lading stipu lated the terminal of the shipment. Local sawmillmen express satisfaction and gratification with the opinion of the Railroad Commission and feel that the question is now passed up to the railroad officials to elect between voluntary ac quiescence and enforced compliance through the necessity of an appeal to the Interstate Commerce Commission. witnesses were examined today. Includ ing Game Warden Nowlin of Wyoming,. Game Warden Stephens of Idaho and Game Warden Morgan of California. One witness testified that one of the defendants came to his cabin near the Jackson-Hole country with a sack con taining 275 elk teeth, saying that he had disposed of as many more. The defend ant's forefinger calloused from pulling the trigger of a rifle, said the witness. The carcasses of the dead elk were al lowed to He and rot after the teeth had been removed. The Government, actuated by a desire to put a stop to the wanton slaughter of big game In the northwestern states. Is making out a strong case against the defendants, who have been jointly In dicted on three counts, the maximum fine for each count being .'00. PATHETIC SCENES AT FIRE Inmates of Poorhouse Feebly Drag Out Their Few Belongings. LEWISTON, Idaho, April 25. (Special.) The destruction by fire this morning of the hospital building of the County Poor Farm was attended by several pathetic incidents and narrow escapes from cre mation, when the aged and infirm men refused to leave the building until they had first secured their few earthly pos sessions. When the nurses and attend ants refused to permit the men to re main longer in the building, for fear they would be cremated, the indigents cried like children and begged to be permitted to save their few belongings.1 Finally it became necessary to forcibly drag two or three of the men from the bucnlng build ing. One man, too feeble to walk. crawled out of the hospital, dragging be hind him what few personal effects he could gather together. The property loss is about $1000, with no insurance. COW DRAGS BOY TO DEATH Walla Walla Lad Pulled. Through Pasture Into River. WALLA WALLA. Wash., April 26. (Special.) Louis Rizzutu, 8 years old. was dragged to death by a cow two miles south of here yesterday. The boy was tending the cow in the pasture and playfully tied a rope around his waist. The frightened animal ran nearly a quarter of a mile, dragging the helpless child through a barbwire fence and into Yellow Hawk River, where she was stopped by a laborer. The body was badly bruised and practically stripped of clothing when taken from the river. Mnslc for Endeavor Convention. OL.TMPIA. Wash.. April 25. (Special. The Boys' Band at the Washington State Training School, Chehalis, has accepted the invitation and will furnish music for the Christian Endeavor National conven tion at Seattle, -July 10-16. The band is composed of boys committed to the insti tution formerly known as the State Re form School. They were here during the Legislative session and gave a concert in honor of the Legislators, which was much praised.) There will be about 30 boys in the band that will go to Seattle. The special music will be received at the school within a few days, when practice 11" Railroad Claim Loss on $3.10 Rate. Although the railroad officials made the statement that the traffic in rough lum ber from Valley points to -San Francisco w-as unprofitable under the $3.10 rate, they did not attempt to show any figures to prove the statement, but Mr. Fenton said it would require expert testimony to as certain the cost of hauling empty cars from south to north to handle the product of the lumber mills. Neither did they assume to state any reason for increasing the rate, except that the traffic was un desirable and unprofitable, and admitted the $5 rate was put into effect to curtail shipment of lumber southward from in terior points, the long haul from Port land being preferred. WOMAN AND BABE THROWN OUT Narrowly Escape Serious Injury In ; Runaway Accident. ABERDEEN, Wash., April 25. (Spe cial.) In a runaway accident this af ternoon, Mrs. Ashkirk, of North Aber deen, and her baby narrowly escaped being killed, and a boy named Hulet was seriously injured. Mrs. Ashkirk was driving across the North Aberdeen bridge when a runaway team came up behind. Mrs. Ashkirk was so fright ened that she could not urge her horse in fact stopped him and the runaway dashed into her buggy, throwing her and her baby and the boy on the ground. The horses plunged wildly and the buggy was wrecked, but Mrs. Ashkirk and her baby were picked up uninjured. The Hulet boy did not fare so well. CALL MR. TTF.NEY TO SPOKANE Fund of $50,000 Will Be Raised to Probe Into Graft Rumors. SPOKANE, April 23. The Chronicle an nounces today that a movement has been started among prominent citizens to raise a fund of $30,000 to $30,000 for the purpose of bringing Attorney Francis J. Heney and Detective Burns to Spokane to probe the repeated rumors of graft in connec tion with municipal affairs. It Is ex plained that the plan Is to round up the grafters, if any can be found, or to prove that the rumors are groundless. CHILD OF 15 IS ASSAULTED One of Assailants Is Later Arrested and Identified by Girl. KLAMATH FALLS," Or., April 26. (Special.) Two unknown men, supposed to have been foreigners, employed on canal work, this afternoon assaulted 15-year-old girl, the daughter of Henry NVelch, a dairyman, whose place is lo cated about two miles south of Klamath Falls on the west side of the river. Pur. suit of the fiends was taken up at once by Sheriff Obenchain and citizens, who returned tonight with a party of six Austrians, one of which was Identified by Miss Welch as her assailant. Adds to Telephone System. - OREGON CITY. Or., April 25. (Spe cial.) The Clear Creek Mutual Telephone Company this afternoon purchased the Bonney line through Farkplace. It will make an effort to secure new business for the extension, which is more than a mile In length. DISPUTE OVER GIG STICK SHOTS FOLLOW HEATED DE BATE ROOSEVELT LETTER. UNCLE SAM t TOO STINGY Because of This, Georgetown. Post master Resigns in Disgust. SEATTLE. Wash.. Ap-il 25. (Special.) G. R. Street, postmiter at George town since 1897, resigned In disgust to day because the postal authorities would not provide money enough for clerk hire to run his office. A number of rural delivery routes are conducted from Georgetown, and Street claims he nas to handle mall for 12,000 persons, yet bis office appropriations cannot be, increased. The Government only allows him $48 a year for light and heat and will not let bim spend more tnan IJ a montn iur rent. Neither appropriation Is sufficient, and Street has gotten tired of explaining things to the Washington authorities. ELKS WILL HAVE FINE HOME Astoria Lodge Plans to Build $50,- 000 Temple. ASTORIA, April 25. (Special.) Astoria Lodge of Elks at its meeting last night decided to proceed with the erection of a handsome Elks' temple on its property at the corner of Eleventh and Exchange streets. The project will be financed by issuing 20-year bonds, which will be talten up by the members of the organization, the lodge reserving the right to redeem the bonds as fast as it sees fit. The meeting last night adopted the re port of the building committee that the proposed structure be of brick or con crete and four stories high with a base ment. The ' estimated cost is about $50,000. Wallace Newspaper Man Takes Re sponsibility for Row That Led to Quinn's Death. WALLACE. Idaho, April 25. William Quinn, the ex-policeman who was shot through the stomach at an early hour this morning by Deputy Sheriff C. C. Hicks, died at 9:46 tonight. W. H. C. Jackson, a newspaper man,, takes upon himself the responsibility for shooting. In a statement published in the morn ing Times he says: "I am probably the cause or the shooting. He then relates how he and Quinn had a dispute over President Roosevelt's let ter relative to the Moyer-Haywood cases, Jackson supporting the President and Quinn criticising .him. Quinn produced a card of the Western Federation of Miners. The row grew so warm that Jackson left the saloon where the trouble occurred. On the street Jackson says be met Deputy Sheriff Hicks and Hicks offered to go with him and straighten the mat ter out. Jackson says he proposed that Hicks come along behind and that he, Jackson, would ask everyone in the sa loon to take a drink, and if Quinn took a drink it would be all right. Jackson further says Quinn did not take a drink. According to witnesses, when Hicks en tered the saloon shortly after Jackson, Quinn said, "Here's my old Missouri friend." Some say that Hicks replied, T11 show you," and with that drew his gun and shot Quinn through the stomach. Quinn and Hicks are not known to have ever had any trouble. Hicks is locked In the county jail. Jackson was helii till late this afternoon and then re leased without any charge being placed against him. All three men had been drinking. DEAD OF THE NORTHWEST George E. R. Dean, Pioneer of 1851, Dies of Cancer at Aberdeen. ABERDEEN. Wash., April 25. (Spe cial.) George H. R. Dean died today from cancer or tne stom&cn. jvir. uean was a pioneer of Oregon and Washington. He was on Puget Sound long before Seattle was thought of, when the site of the city was a wilderness, where the Hudson Bay Company agents traded with the Indians. When a youth of 19 he came from Lon don, England, with his father, who was one of the Hudson Bay Company man agers. The trip was made in an old time windjammer . and more than six months were occupied in the voyage. Two hundred immigrants made the trip. At the present site of Seattle Mr. Dean and his father entered the employ of the famous company of early days, and ever since that time (1851) he has resided In the Northwest. For many years Mr. Dean and his family lived at Nehalem, Or. In 1500 the family moved to West Port, at the en trance to Grays Harbor, and three years ago came to Aberdeen. Despite his ad vanced years. Mr. Dean, who was nearly Charges Against Soldiers. HOOD RIVER. Or.. April 26. (Special. Chained together and to the seats of a car on the Spokane Flyer today were seven soldiers who were being taken from Walla Walla to Vancouver by two ser geants of cavalry. The prisoners are charged with various infractions of mill tary and Federal laws and after being examined at Vancouver, if convicted, -will be taken to the military prison at Alca- traz Island, California. Takes Idaho Surveying Contract. OREGON CITY, Or., April 25. (Special. County Surveyor S. A. D. Hungate, who has a contract to survey the Lemhi Indian Reservation, left today for East ern Idaho, accompanied by the following party of assistants: W. C. Califf, Clin ton Bock, Lawrence Rlconich Jr., Daniel Finucane, Chester Dickey, Martin 'Beatle, Raymond Walt, William Hungate and P. S. Noyer. Horse Thief Pleads Guilty. VANCOUVER. Wash., April 26. (Spe cial.) J. C. Douglass, who was recently captured by the Portland police upon re quest of Sheriff Sappington, of Clark County, for horsestealing, was arraigned before Judge McCredie yesterday and pleaded guilty to the charge. He was sen tenced to one year in the State Peniten tiary at Walla Walla. Taxes Pouring Into Treasury. SALEM, Or., April 25. (Special.) State Treasurer Steel is In receipt of a remit tance of $15,426.25 from the Treasurer of Washington County, to apply as half pay ment of that county's taxes for the year 1907, and $11,428.75 from Union County, also half payment of this year's taxes. 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