10
THE MORNING OREGONTAN. WEDNESDAY, MAT 27, 1903.
BRAND JURY IY
INDICT CI SIM
Millionaire Timberman of Min
nesota Is in Limelight for.
Oregon Land Deal.
WITH FREDERICK A. KR1BS
Continuing Conspiracy Charged in
the Employment of Dummy En
trymen to File on 10,00 0 Acres
and Secure the Patent.
While United States Attorney Mc
Court is exceptionally secretive as to
the extent of the Investigations that will
be made by the grand Jury now In
session. It Is possible " that C. A.
8mith, the Minnesota millionaire tim
berman. may be indicted criminally tor
the part he is alleged to have played
in looting1 the state of several thousand
acres of its most valuable timber lands.
Since equity suits were filed Monday to
annul the patents to nearly 10.000 acres
of this land which Smith is alleged to
have acquired fraudulently, it has been
discovered that the Minnesota million
aire on April 4. 1904, sent J381.60 to the
State Land Board as principal and in
terest due on 360 acres assigned by
Frederick A. Krlbs to Smith.
Kribs had petitioned the board for
the repayment of his purchase money,
with interest, after Government can
cellation, owing: to the selection of a
wrong base, November 28, 1903. But It
developed that the part of the lands
figuring in entries made by W. E. Mills
and Lulu Lyle, the certificates of which
had been assigned to Krlbs, had been
made on proper base. The result was
that Kribs was ordered to pay the re
mainder of the purchase price and per
fect title to the land. It was this
money that Smith remitted to the board
after the land had been assigned to
him by Kribs.
Complete Conspiracy Is Charged.
It is alleged that this transaction be
tween Krlbs and Smith constitutes a
continuing conspiracy that falls within
the statute of limitations, making a
complete chain in the transaction be
ginning with the applications by the
dummy entrymen and leading up to the
patenting of the land, which is the final
step in the alleged conspiracy.
When the grand Jury has concluded,
its Investigation of the Umatilla frauds
it is generally understood that sev
eral other matters will be submitted.
If there is any chance to reach Smith
with an Indictment on which a criminal
prosecution can be based, it is a cer
tainty that such facts will be offered
for the Jury's consideration. At any
rate, a number of other violations of
the Federal statutes will be acted on.
Among these are the usual number of
counterfeiting and postal cases which
will be considered when the land-fraud
cases are ended.
The plan of operation adopted by
Smith is not set out specifically in the
legal complaint, but an interesting ac
count of the modus operandi of the
Minnesota millionaire is given in 9. A.
IX Puter's "Looters of the Public Do
main." In this book Puter relates in'
detail bow he entered into and exe
cuted a contract with Smith for che
fraudulent acquisition of between 8000
and 10,000 acres of timber land in this
state.
Puter's Story of Deal.
In January, 1900, Puter met Smith at
Minneapolis and agreed to secure for
him about 10,000 acres of good yellow
fir timber land, practically in one body,
the cost to Smith to be not to exceed
$ti an acre, he (Smith) to furnish all of
the funds that were necessary in get
ting title. When he left Smith, Puter
carried with him a letter to Frederick
. A. Kribs, Smith's financial agent, who
was to enter into a written agreement
for the execution of theecontract. The
necessary entrymen were procured at
Portland, Brownsvills, Albany and
Roseburg, after each entryman was as
sured that Smith would pay all ex
penses, including that of going to and
from the land, the Land Office fees and
the cost of the land, and further that
he should receive $100 after he had
made final proof and turned over a deed
to the land, which should be executed in
favor of whomsoever Smith, through
his agent, Puter, should designate.
The entrymen were taken to the
Roseburg Land Office in bunches of ten
or more, the enterprising agent so ar
ranging his excursions as to get the
iidvantage of reduced transportation
rates over the Southern Pacific Rail
i T-r3 v '' rr i v ' - - v 111 "' '" 1 1 11 iii,,m ir-
VXITKD STATES ATTORXKY BTCOUHT STAN US IX THIS CE.NTER OK THIS liKOl 1', WITH J. V. PUGH. FOREMAN OF THE JIRV, OS BIS LEFT. JOH.V KELLY, THE VETERAN BAILIFF STANDS AT THE KM) OF THE FRONT ROW OK THE RIGHT.
The members of the grand jury are: J. w. Pugh (foreman. Shedd, Linn County; C. H. Southern. Bond. Wasco County; John J. Rowley, Dayton, Yamhill County; Ira B. Sturgiss, Baker City, Baker County; Jesse Severn, Junction City. Lane County; H. G. Nichol
son, Medford. Jackson County; Gus P Keller. Portland; J. TV. Lytle. Island City, I'nion County; S. M. Kelly. Roseburg, Douglas County; W. O. Zeigler, Eugene, Lane County: W. H. Grabenhorst, Salem, Marion County; H. S. Furman, Eugene, Lane County; N. Easterbrook,
Portland; William M. Daniels. Portland; w. A. Alcorn. Linnton, Multnomah County; Frank Campo. Barlow, Clackamas County; G. W. Gage, DiHard, Douglas County; William F. Gilkey, Dayton. Yamhill County; William Cornelius, Walton, Lane County; B. C. Holt,
Harrlsburg, Linn County; John M. Bristol, Portland; L. Q. Bower, Silverton, Marion County; Nathan Harwood, Eugene, Lane County.
road The descriptions of the lands
filed on were secured from Mealey
brothers for a consideration of $10 for
each quarter section. Fifty-seven of
these fraudulent timber land locations
were made in one week.
Agents for the Northern Pacific Com
pany having threatened to contest
these claims, Puter telegraphed to
Smith, who later came to Oregon and
with Ms financial agent, Kribs. met
Puter, and the Iatter's partner, Horace
O. McKlnley, at Albany. A visit was
made to the claims, which were cruised
and, coming up to the requirements.
Smith entered a contract whereby he
agred to advance the money for mak
ing final proof and all other expenses,
together with the $100 bonus to be paid
each entryman for his right, and as
soon as deeds were obtained he agreed
to pay Puter and McKlnley J5.60 an
acre for the 9120 acres embraced in
the 67 claims, less the amount ad
vanced for the perfection of the titles.
According to Puter's version of the
deal. Smith suggested that as soon as
final proofs were made the entrymen
should mortgage their claims to Fred
erick A. Krlbs for $600 each, simul
taneously with the execution of a
transfer to John A. Wild, of Minneap
olis, this deed to be withheld from rec
ord for ten days after the final proof
had been made. This precautionary
measure was adopted to make it appear
that the claims had not been located
under any prior contract for Bale, in
case any question should arise affecting
the validity of the titles.
Railroad Forces Compromise.
The Northern Pacific, however, per
sisted in its contest against the 67
claims, and, after having caused the ar
rest of McKlnley on a charge of per
jury, forced Puter and McKlnley to
consent to a compromise by which they
caused entrymen to relinquish 24 of the
claims, which were immediately seised
by the Northern Pacific, the other 33
quarter sections being retained by
Puter and McKlnley. In his book Pu
ter then relates how it was he discov
ered that F. P. Mays, who was his at
torney, was at the same time the at
torney for the Northern Pacific, and
how subsequently Kribs employed Mays
for a consideration of $50 each to rush
the 33 claims to patent. It was this
deal that led to the indictment of Sen
ator Mitchell.
At the preliminary hearing of the
charge against McKlnley. Edwin Mays,
brother of F. P. Mays, appeared in the
role of Assistant United States Attorney
for the Government. After the formal
ity of a hearing the charge against Mc
Klnley was dismissed, although two
of the bogus entrymen had confessed
and had made affidavits that they had
taken up the land for the benefit of
McKlnley. with whom they had con
tracted in advance of filing to sell their
rights for $100 each.
This is a fair sample of the methods
that were employed by Smith In ac
quiring title to the 9000 acres, patents
to which the Government in the suits
filed yesterday seeks to have annulled.
Mersereau Given More Time.
United States Judge "Wolverton yester
day granted W. B. Mersereau 20 days'
additional time In which to reply to the
suit of Helga Farret for $60,000 for per
sonal damages. The original 10 days in
which Mersereau had to answer the suit
would have expired Friday, the com
plaint having been filed. last Tuesday.
PROGRESS DF GRAND JURY
CONTIN UKS WORK ON" UMATILLA
IiAKT CASE.
If Indictments Are Voted, It Is Ex
pected They "Will Be Returned
' Early Next "Week.
Satisfactory progress was made yes
terday by the Federal grand Jury in
probing into the Umatilla land frauds.
The Jury is an industrious body of men
and is applying itself faithfully to a
consideration of the evidence that Is be
ing presented by United States Attor
ney McCourt. It convenes at 10 A. M.
and works until noon, when an ad
journment is taken to I o'clock. The
afternoon session continues until 4
o'clock.
Several witnesses were examined yes
terday and. Judging from the progress
that is being made, the Jury may be
ready to return indictments, if any are
voted, early next week. Among the
witnesses before the Jury yesterday
was Edward Dixon, one of the special
agents of the Interior Department,
who in 190S and 1907 made an investi
gation of the alleged frauds under the
direction of the Secretary of the In
terior. It was largely on the report
submitted by Mr. Dixon and that of
another special agent. Captain J. H.
Alexander, that the grand Jury Inquiry
that Is being made was authorized by
the Department at Washington.
Olympla Beer. "It's the water." Brew
ery's own bottling. Phones, Main 671.
A 47. '
MEMBERS OF THeVeDERAL
. - . , vj so -, l ' si jiS " i 4& - ' x
T
F
Rex McDonald, Jr., Cream
Horse, to Carry King of
the Festival.
NAME TO BE KEPT SECRET
Rex's Identity a Mystery Till Night
of the Grand Ball, June 5, When
Unmasking Will Occur Will
Soon Issue Proclamation.
Rex Oregonus, the presiding genius
of the public functions of the Rose
Festival, will appear in the different
street pageants in which he is to take
part, mounted on the Kentucky thor
oughbred. Rex McDonald, Jr.. a beau
tiful, horse and a many time prize
winner, owned by T. T. Strain. The
animal Is one of the most classy per
formers in the Nor :h west and has ap
peared as a ribbon-winner in a number
of recent horse-shows. He is a cream
colored gelding with white tall and
mane and Is a fancy performer no
matter where put.
Rex Oregonus has been selected, but
his name will not be revealed until the
night of the grand ball, Friday, June
6, when the most brilliant social func
tion Portland has held since the
World's Fair will take place at the
Armory. At this time, following the
grand march, which Rex will lead with
Queen Flora, the unmasking of the
King will take place amid appropriate
ceremonies, and for the first time it
will be known who he is.r During all
the public functions and parades in
which Oregonus will play a conspicu
ous r61e he will appear en masque and
while garbed In all the regal parapher
nalia consistent with his commanding
position in the affairs of the Festival,
he will never remove the domino from
his face until the grand march Is over
at Friday night's grand ball.
Rex to Receive Keys of City.
The moment Rex lands from his
royal barge at the city dock Monday
noon he will be mounted upon his beau
tiful charger and under an escort of
nearly 200 members of the Portland
Hunt Club, all mounted, will be con
ducted to the city's Arch of Welcome,
to receive the keys of the city.
Following the formal manner of
opening the Mardi Gras carnivals of
New Orleans, Rex will Issue a royal
proclamation to his "faithful subjects"
within the next day or so, the proc
lamation covering his movements. In
the main, and urging the general pub
lic to drop all business affairs and
Join in the grand celebration.
Queen Flora, the royal consort of
Rex, will appear to the greatest ad
vantage in the horse and carriage pa
rade, which she will lead enthroned
on a floral float that will also carry
her maids of honor, who are to scatter
roses in the streets along the line of
march. The float upon which the
Queen will ride is being built at the
den at the World's Fair grounds and
will be one of the prettiest and dainti
est of all the pieces in this parade.
Immediately preceding the Queen's
float will be a band of 40 pieces. Fol
lowing the Queen and her royal en
tourage will be the combined entrjes
of" the Portland Hunt Club, comprising
about 200 members, all on horseback,
with mounts decorated with flowers
and with the color scheme following,
the design which has already been
worked out.
Corvallis Cadets Head Division.
The, next division of the parade will
be the Corvallis Cadets on foot, more
than 600 uniformed youths in line go
ing through intricate drills and fancy
maneuvers. The cadets will carry their
own band of more than 40 pieces, and
will be followed by the magnificent
turnouts of the Riverside Dirving Club,
which has. entered about 175 florally
decorated pleasure vehicles of every
kind and description, from tiny dog
and pony-carts to slx-ln-hand tally-hos.
In the Hunt Club division will be the
entries of the private owners of saddle
horses and ponies both in Portland
and the 20 outside towns which have
sent in entries, and all will wear the
colors of the club. The Junior Hunt
Club will also appear in this division,
and 160 boys and girls are listed in
this section.
Following the Riverside Driving
Club's division will be a diversified
array of entries of pleasure vehicles
owned by Portland people and others
GRAND JURY AND UNITED
BEMmFUL MOUN
DRREXDHEGQNU5
who are not affiliated with the riv
ing Club. They will be eligible to com
pete for the score or more of cups and
trophies which have been- hung up by
local business houses, and will be pro
vided with the official ribbons of the
driving club.
The next section of this grand caval
cade will be the decorated feature
floats, the entries of fraternal, benefi
cial and social clubs, improvement or
ganizations and other bodies not In
cluded in the above-named classes.
Surpassing Last Tear.
This division promises to have on
display floral floats that will surpass
ln artistic beauty and spectacular ef
fects any of those which were entered
in the chief parade of last year's Car
nival. A great many organizations and
societies will compete for the prizes,
any of which will be worth striving for.
The T. P. A., the Foresters, the
Woodmen, the Elks, the Owls, the Ea
gles, the Hoo Hoos, the Concordia
Club, the Multnomah Club, the Archi
tectural Club. 'Railroad Row" and
many other organizations are prepar
ing to enter floral floats in this
pageant.
The -Festival management urges all
merchants and business houses in tqwn
to plan at once their scheme of decora
tion for the display windows, inasmuch
as this can serve the double purpose
of being in shape for Memorial day
and for Festival week. A number of
enterprising houses have already begun
to dress their windows in the official
Festival colors green and pink but
the movement is by no means general
as yet There will be six large parades
during the week three by day and
three by night and the various com
mittees In charge of them are laying
out the routes so that practically every
passable street in the downtown busi
ness district will see more or less of
these gorgeous pageants. It is for this
reason that the request that the stores
put on their holiday attire has been
made.
In addition to this, President White
more, of the Festival, haa issued a for
mal call requesting every citizen of
Portland to wear a rosebud In the
buttonhole for men, in the corsage for
women every day from now on until
the end of next week, when the .Fes
tival celebration closes. This is only
a small way that the people of Port
land may show their patriotism and
public spirit, and the weather haa now
changed for the better, so that trlere
will be plenty of buds and blooms for
everybody to wear a boutonnlere.
Another appeal was sent out from
headquarters yesterday, and that was
that all property-owners, particularly
those on the West Side, get busy and
clean up their lawns and backyards,
and street-frontages as well. The East
Side, through the Instrumentality of a
lot of energetic , district improvement
clubs, has cleaned up a major portion
of the territory on that side of the
river, in some of the districts the com
mittees having been at work for the
past two weeks; but on the West Side
there has been no organized effort, and
but little has been accomplished in this
"work.
"Wake up, clean, up and dress up,"
is to be the motto for Portland for the
rest of the week.
IMPROVEMENT OF STREETS
Arrangements for Lecture June 1 1
by R. H. Thompson, of Seattle. m
Members of the committee appointed
by the Realty Board to arrange for the
lecture on street Improvements on June
11 by R. H. Thompson of Seattle, met
yesterday afternoon at the office of
Whiting A Rountree to perfect final ar
rangements. Those present were C. K.
Henry, chairman; M. G. Griffin, L G.
Davidson, Henry W. Fries, president, and
J. O. Rountree, secretary of the Board.
Upon a suggestion made by Tom
Richardson, manager of the Commeaclal
Club, it was decided that Mr. Thompson
would be tendered the use of the guest
chamber at the club and be given lunch
at noon on the day of the lecture. After
lunch a reception will be held, at which
time members of the club will have an
opportunity to meet Mr. Thompson. After
the reception he will be taken in charge
by the committee and be shown about
the city in an automobile, particular at
tention being given to the condition of
the streets in various sections of the
city.
After the drive, C K. Henry will enter
tain Mr. Thompson at his residence on
the East Side at dinner, and with the
committee will then escort the visitor to
the Empire Theater. Isadore Lang is to
preside at the meeting and will -introduce
the lecturer. A number of prominent
citizens will act as vice-presidents. The
lecture Is to be Illustrated by stereoptlcon
views taken for Mr. Thompson in various
cities of the country and abroad. As City
Engineer of Seattle he has given the sub
ject much study and In his lecture wfll
discuss the different systems of street
improvements and give his views on
district assessment for this character of
city work.
City officials, bankers, real estate
owners and push clubs are expected to
be present in large numbers, the Realty
Board feeling that the lecture is timely
and the lecturer more than ordinarily
well equipped to present the subject
clearly and exhaustively.
STATES ATTORNEY McCOURT,
CALLING TOO HICH
. FDR ANY LICENSE
Mrs. E. C. Pears Found Not to
Be Violating Ordinance,
as Charged.
REV. GREEN LOVE ON STAND
Testifies as to High Character of the
Defendant's Occult Powers and Of-
fers Clinching Argument In
Support of the Theories.
Mrs. Ev C. Pears, ordained minister of
the American Spiritual Society, lecturer
on spiritualism and exponent of soul tel
epathy, was subject to the ordeal of trial
in the Municipal Court yesterday fore
noon, .on a mundane charge of practicing
without a license. Although Mrs. Pears
explained her Identity and denied she was
one of the horde of faking mind readers
and trance mediums do7 being prose
cuted for practicing without a license,
she was required to produce witnesses to
establish the truth of her allegations in
that regard. In this she easily succeeded
and the case was dismissed with the pro
found apology of the license department
representative who had her arrested.
The officer could hardly be blamed for
making the complaint, however, as Mrs.
Pears had placed a metal plate on the
door of her residence bearing the in
scription, "Mrs. E. C. Pears, Medium."
Under the law all mediums who accept
money for their services must pay
licenses of $13 every three months. Mrs.
Pears established that the only money
she receives is in the form of contribu
tions at Sunday services and this all
goes to the payment of hall rent, she
said.
i Biblical Quotations Used. -
:BIblical quotations and ethical defla
tions replaced the usual strident argu
ment of Police Court lawyers and the
trial partook more of the nature of a
revival meeting than of a crimllal trial.
Rev. H. D. Barrett, of the First Spirit
ual Society and Mrs. Pears were wit
nesses In the case, while the courtroom
was crowded by friends of the woman.
While 'Mrs. Pears succeeded In estab
lishing to the satisfaction of Judge Cam
eron that she has not been engaged in
trance medium operations as a means of
a livelihood, it Is doubtful If she found
among the court attaches any converts to
her extravagant beliefs concerning her
own supernatural powers. She asserted
a mysterious power to heal the sick and
said she could converse freely with the
dead.
Mr. Barrett was the first to take the
stand as an expert on spiritualism. He
said he had known Mrs. Fears as a re
ligious worker who had done much good
and he was sure she had never charged
a fee for spiritual consolation or for her
work as a medium.
"What do you understand by the term
medium?" City Prosecutor Tomlinson in
quired. "Soul Telepathy" Brought In.
"A person who is capable of soul tel
epathy," said the wltnessi
"But isn't that all a faker"
"I say with all solemnity and even as
I believe in my God, that I believe In
communion between the seen and the un
seen," said Barrett, with much feeling
and many gestures.
Mrs. Fears was then called. She said
that she gives most of her energy and
attention to spiritualism, although She
is interested in a mining invention as a
side line.
"I have a hall," she said, "and there
I teach the Bible, give ethical and spirit
ual aid to people who are in "need of It
and try to help people generally to a
higher and better life. I charge no fee.
Yes, I accept contributions. I also heal
the sick, but I make no charge for that.
I am doing it continually, but not so
much of late on account of ill health."
This seemingly ambiguous explanation
about healing the sicK until hindered by
ill health brought a smile from the score
of sceptics and scoffers in the courtroom,
but Mrs. Pears suickly gave a further
explanation. .
Mysterious Power of Healing.
"I heal by a mysterious power which
was given me at birth," she said. "Even
as a little girl I had strange power of
healing. But I find that throwing oft
disease from my patients is a strain
which breaks me down. I cure heart
disease, consumption, rheumatism and
other ailments of that kind.
"Well, how do you transmit messages
from the living to -the dead, and vice
WHO ARE INVESTIGATING THE
C1 - w?
ir
iki' unto-? 1 1 Wir-4f.n .a; -aay Iv 1 . S . f"
nil m -
ST V v
to isr ... in vcv jc s
That's what's doing here these days smashing
prices. June 1st we add the adjoining store, which
will require extensive alterations.
Our stock, of merchandise must be gotten out of
the way. Help us move the goods and benefit by our
ENLARGEMENT SALE
Men's $20 Suits $13.35
Men's $15 Suits ..$8.65
Youths' $10 Suits $5.85
Boys' $4.00 Suits $2.35
$3.00 Fancy Vests $1.45
$1.50 Straw Hats. . .85
These are a few of the good things now displayed
in our windows. There are many more. Come, see
the crowd of pleased buyers and get your share.
0 LI0M
Cloth i no- Co
GuS KuhnProp'
166-168 THIRD STREET
versa?" Inquired Lawyer i McCann, her
legal representative.
"I will not attempt to explain that,"
she replied. "None of you would under
stand if I did."
Rev. Green Love, being among those in
attendance at the session, was called to
testify as to the possible truth or falpity
of Mrs. Pears' professions.
"Yes, there is no doubt as - to her
power," he said. "I have seen her won
derful powers with my own eyes. She
has healed the sick and done good In
many places. She is not one of these
mediums who; take money. I It wasn't
for the unseen spiritual power there are
many things which could not be ex
plained," pursued Rev. Green Love.
Rev. Green Love Testifies.
"For instance, recall when the Kazarine
was on the cross he turned to the thief
or supposed thief, by his side, and said:
This day shalt thou be with me in Para
dise.' He read the man's heart and knew
he was not a thief, for a thief could not
enter the Kingdom of Heaven. How
else could he have known except by the
spiritual power?"
' Rev. Green looked about as If In wonder
that his argument didn't cinch the matter
and terminate the proceedings immediate
ly. No other witnesses being offered, the
case was closed and the court said that
he didn't believe any infraction of the
law was intended, although by having the
metal plate on her door announcing her
self to be a medium, Mrs. Pears was a
technical law violator. It was suggested
that she either remove this plate or se
cure a license.
"I have the sign there merely for the
guidance of my friends, and since I
UMATILLA LAND FRAUDS.
llli V a x$2sy
w w t
$10, Panama Hats $5.00
$3.50 Shoes $2.85
$3.00 Trousers ...$1.85.
$1.50 Shirts 85
$1.00 Underwear . . . 75
50c Neckwear 25 -
do not intend to charge for my services,
I will not take out a license, but will
remove the sign," said Mrs. Pears, and
the case ended.
LOVE SURET0 FIND WAY
Girl Has So Parents to Give Con
sent, Bridegroom Hires Guardian.
Caroline A. Herman is only 16 years
old. Her mother Is not living, and her
father is in the asylum. She was in
love with B. L. Van Hooser, and he had
asked her to marry him. She consented,
but the Benton County Clerk would not
Issue the marriage license, though the
girl's elder sister gave her consent. The
couple began to cast about for a solu
tion of the problem.
Van Hoosen decided to consult Attorney
H. W. Strong. They took the matter
into the County Court, and Strong was
appointed Miss Hurman's guardian, with
bond fixed at $50. Van Hoosen paid the
bond, and Strong in turn gave his con
sent to the girl's marriage. The delayed
but happy wedding took place yesterday
afternoon.
Signs Oklahoma Tax Bills.
GUTHRIE, Okla., May 26. The Gover
nor today signed three important bills,
one providing for a gross production tax
on all profits and products of corpora
tions exercising the right of eminent do
main, one providing for en Inheritance
tax and one providing for a graduated
land tax.
. - m 3 m m