v s TTTE MORXIXG OREGOXIAX. TTTTKSDAY. OCTOBER 26. 1911. ' . i ' " ' TIMES JURYPANEL OF 125 EXHAUSTED Manner of Procuring New Men as Prospective Jurors Presents Problem. DEFENSE GAINS BY DOUBT ! Jnifx Bordwll Excue Mnlk-n, Al- j ttwvach Not Re-fWIlnr OB Hon ; eety ft Tilwmiii Careful . Distinction Is Made. would ba wllllne; to accept a demon stration Tr tha atata that dyuamlta caused the. esnloalon. Judge Bordwell took up Coward's eTamlratlon and Termed hie preTioua stAt.metta that h! PrIMn waa formed after onsultln a friend who knew hont the results of dynamlto eplo- mna. Th!a war of Kettlns; Information la not asrepted by the statute from a-rounde for challenge, aa are newa-r-ape- report, and eon-moo rumor, and ronrd was let go. The defenae took an .iMctlon to tb. rtlllnff. Attorney Lecompte rala. for the de- fna. enterej lnt a discussion wnn Jodie. Bordwell OT.r th. examination nf rilumin Winter. Iavls ararulns; that the Judare Interrogated Winter ao that the talesman would ha Inclined to think tha court wUhea him to remain n tha Jury. IMairlct Attorney John t. "Fredericks paid It looked Juat tha othar way to tha tata and tha court continued hta questions after a courteous explana tion to counsel that hla only deelr. waa to ret at tha taleaman'a atata of mind and that ha appreciated hla responsi bilities. H.UUSHIPS IRK TA1XSMEX Elder Member of Panel Softer Lack of Home Comforts. LOS ANGELES. Oct II It dTIop d today that aome of th tale. men ef advanced yeara found tha change from hornet cooklnr to restaurant fare 1 iff leu it. although they are arlroa tha best food that ran be bad. avnd tha court may ba asked to excuse them or In soma, way arranae for mora home comforts. Pome of tha talesmen are around the aa of fa and unused to tha manner of Ufa they ara now ex periencing". The general expectation la that tha trial will be Ions; drawn out and r ranaementa for keeping- a Jury for a length of time haa created a number of unlocked for problems. Tha court, bow ever, ha shown continued solicitation for the health of the Jurymen and It Is expected that means will be devised to make tha Jurors mora comfortable. The dlscoyery yesterday of a tales man who while waiting as a renlre man to be called to the Jury box for examination actually referred to hie possible J'iry service on the rase while talking- with friends, has Illustrated In another wsy the difficulty that ts belna experienced In court dally tn finding; men who hare kept their mlnda free from dlacuarton of the Times ex plosion. R w. Clark, tha talesman who talked with Harry Chandler. Tire-president of the company publishing the Times, and whom lie met on tha street, mentioning- only casually that he was drawn for Jury duty, and eliciting; tha com ment from Chandler that ha hoped Clark would qualify, haa been sum marily excused by the court from aerr Inr. but a atern warning haa gone forth to other veniremen to maintain absolute silence on th subject In. ivoled. lest they. too. be placed In con finement aa are tha talesman under ex amination. Tba Incident In which Clark disclosed hla chance conversation, ao far as tha .-ourt Is concerned, haa been ended, no action with reference to either Chand ler or Clark belna; contemplated: but C lark's statement that his eon had con vinced him of how saa had destroyed t.ie Times building-, drew forth mora than passing- Interest from both sides. Tha defense took note of the remark of Clark that hla aon amelled gas fully a block from tha Times building while passing on a car tha night of the ex plosion. -The aon of Clark" aald Clarence S. I'arrow. chief counsel for the defense today, "win make an absolutely new witness. We bad not heard of him be fore." VI re Tifw ci rut .1 j. wun'-B. ' " melled gas la considered Important :T the defense, who hold that gas. and not dynamite, destroyed the building. Und will attempt to prove that gas akage in tne rimea Duiiain irequrni .r occurred prior to the time of the e plnslon. thus refuting the charge that the McNamaraa had anything to do with the deetructlon of tha Tlmea plant by dTnamlte or gas either. The examination of Mullen this morn ing was followed by that of Talesman Winter, who said he could not set aside Ma opinion without evidence. As between tha Issues In this rase. von are partial to tha prosecution, ara fyou' not?" asked Attorney Scott, for line oerenea. "1 would rive each side an even ereag on the evidence." "Too believe that the building waa blown np by dynamite, don't your "Tea." "And you wouldn't remove that be lief without evidence from tie?" Objection to tha question waa sus tained and a challenge waa entered against Winter for actual bias. Dyaaaatle Tt ei Foresee. Cross-examination by "District Attor ney Fredericks brought forth the state ment that be would art fairly and Im partially on the evidence. "Have you any opinion about tha guilt or Innocence of the defendant?" queried tha court. T don't know whether the defend ant did It or not, hut I believe that tha building waa blown up by dyna mite." Tm you presume this man Inno- ent? -Tea." "Do you understand that the mere fact of Indictment doea not mean that a man Is guilty?" "So. the case yet must be proved. Questioned further by tha court. Winter said ha would require no less evtdanca from the prosecution than from tha defensa aa to tha rauaa of tha explosion. A. 1L Dunlap. tl yeara old. a farmer, waa examined by Attorney Davis for the defenae. Dunlap aald he was ac quainted with brother of A. C Har vey Elder, one of tha editors of tha Times who waa killed In the disaster. Lie said that ha had followed Burns" nurse or eonouct in ina nan rvan Isco graft cases, but waa not allowed to say whether ba believed In Burns Integrity. Dunlap was challenged for causa and to tha cross-examination of District Attorney Fredericks ha replied that he might try to ba a fair and Impartial Juror but he did not know whether ho could or not. Hs was excused. CAP LAX THOCGHT Ef HIDING Inoaptured Defendant Sought In Seattle Sin ma by Detective. TACOMA. Willi. Oct. SS. That David Caplan. Indicted In Loss Angeles on charges connected with the Times dynamiting caae. la In hiding In Se attle, concealed by friends, la the belief of detectives who ara drawing a net around him. Officers today ara known to have led M. J. Tillman, a Pierce County deputy Sheriff, whose home I at Lake Bay and who Is acquainted with Caplan. through tha sluma of Se attle. In an effort to identify Caplan finally as the much-wanted fugitive. Caplan la known to have friends In Seattle. He Is aald to have lived for a time on Lake Bar. 10 miles from Ta coma. In tha anarchistic settlement of Home Colony; It Is tha opinion of de tectives that ha has been In communi cation with members of that group and haa been helped by them. Deputy Sheriff Tillman passed through Tacoma last night on Ms way to Seattle. When Caplan was at Home Colony a few months ao. he was seen by Tillman and the officer feels con fident ha can recognize blm. Caplan'a evidence is said to ba of great value to tha state. XFTW TIMES BLAST IICRTS OXH Kanchrr'a Month Lacerated. Piano I -eg Smashed by Boulder. LOS ANGELKfl. Oct. 25. An explo alon In the course of blasting opera tions at tha new Loa Angeles Times building todsy blew some rocks across the street and slightly Injured N. J. Weller. of Corona, CaL. a rancher. Wetler was taken to tha receiving hos pital, the police and hospital reports showing that hla mouth was lacerated. A mouth wash was prescribed and ha waa discharged. Wlndowa In a piano store and a type writer salesroom were broken by rocks, a boulder about II Inches long smash ing an upright piano leg tn tha former store. Tha defenae In tha McNamara case announced that It would make an In vestigation of tha accident. WALL STREET BLAMED KLI.VE SAYS KRTTTTSC ItX ITT AD MITS STRIKE W AS FORCED. Southern Pacific Officials Deny Out side Prnur Was Broug-ht to Bear on' Difficulty. CHICAGO. Oct. . That tha present atrlka of shopmen on tha Harrlman, lines waa forced on tha men by Wall street waa declared by James W. Kline, president of the International Brother hood of Blacksmiths. In an address to day before 510 strikers at Bumslde. Further Mr. Kline said that Julius Kruttechnltt had admitted to him tba truth of bla assertions. SAS FRANCISCO" Oct. ?5. W. R. Scott, assistant general manager of the Southern Pacific Railway Company, denied hero today the statement at tributed to James W. Kline that the present strike of railroad shopmen of the Ilarrlman lines was forced oy wan street. Scott waa present at tha final conference of railway officials at which It waa agreed to reluso tne aa mands of the union men. "There waa positively no outside pressure brought upon the railroads In taklna the stand tney oiu. saia fcoiu "The statement that Wall street waa concerned In tha matter la absolutely untrue. S-otts statement was corroborated by F. C- Athearn. head of the Southern rartfte Bureau of Kronomlca st San Francisco, who waa also present at the conference. BATALLION WIPED OUT ZAPATISTAS PALL CPOX METI CAX FORCE OF S00. Goremnient, In Alarm, Send Mora Troops) In Effort to Stop Loot in by Rebels. MtCXICO CITT. Oct. IS. According to the best Information obtainable, the llita batalllon of 'Federals, unmbering 200 men. was wiped out br the Zapa tistas In yesterday's fighting. Tha De partment of War and the Interior de cline to make public the facts. It la aald that 30 deputies will .de mand an explanation from the Minister of War of tha failure to take adequate measures for tha protection of Mllpa Alia. it la feared that Xochtmllco and Tlal- pam will be looted. Troops and artil lery were rushed there Immediately. The strength of tha rebels Is esti mated at aa high aa 1000. The War Department la throwing a cordon of troops around the mountain ous country between Mllpa and Tlal- pam. In an effort to trap the Zapa tista. YUKON MEN GO TO AMAZON Twenty Captains, and Engineers to Run on South American Waters. SEATTLE. Oct, 2S. Twenty Tukon rtvermen will ba sent to South Amer ica to operate a Una of 14 steamers now being built at Ptttsburg for serv ice on the Amazon. If tha plans of Cap tain S. K. Brown do not miscarry. Cap tain Brown, who for years was a navi gator on tha great Alaska river, haa Just returned from a three years tour of tha Amason and Its tributaries studying navigation methods there. "I believe tha Tukon River steam- boatmen ara tha best tn the world." said Captain Brown. "A navigator who can operate his boat In tha swift north ern waters haa nothing to learn In running vesaels up the Amason or Its tributaries. I shall engage only tha skilled river men aa captains and chief engineers of tha 14 ateel boats, now building at Pittsburg." City Lot Is Fertile. CHEHAUS. Wash- Oct. SS. (Spa-' claX) A yield of potatoes on a piece of ground 14 feet square, that would amount to (Of bushels for an entire acre, la reported by K. K. Young, of thla city. The land waa part of a city lot at Mr. Toung'a home In tha east ern part of the city. The anil had not been fertilised In any way. but the potatoes were Irrigated. From the llxJI-foot patch Mr. Young dug eight bushels of fine spuds. He clalma the record for thla section this season. , STATE'S EVIDENCE AIDS ACCUSED MAN Robinson Said Shooting Was in Self-Defense, Affirm Wit nesses for Prosecution. GIRL IS TO TESTIFY TODAY Slain Man "erer Carried Gnn and Was Alwaja Peaceable, la Gist of Evidence) to Come Crook Court Sits to Late Hour. PrUNEVILE. Or.. Oct. 2S. (Special.) Testimony by tha wltnosses for tha state against Ernest Robinson, charged with killing Louis McAllister at the Ochoco mines last May, unexpectedly resolved Itself today in favor of tha prisoner, when all the wltneasaa de clared that Robinson had Informed them Immediately after tha crime that he had shot McAllister In slf defense and lu the belief that McAllister waa about to "pull a revolver on him, This evidence the state expects to controvert by an abundance of wit nesses who will say that McAllister was always known as a peaoeable man and that he was never known to carry a weapon. It haa already been proved that McAllister had no revolver at tha time Robinson shot htm. Following the completion of tha Jury panel, a number of witnesses wero railed. All testimony was of much tha name character and dealt with atate menta made by Robinson before ho gave himself up to the officers. McAllister M Rabtaeoa'e Dasa. On tha evidence of George H. Brew ster, an engineer for tha state, much emphasis was laid. Brewster saw the two men Just berore McAllisters oeain. and while be did not see the actual shooting, he told from the chair the respective positions of tha men. McAllister was standing on a dam belonging to Robinson, he said, while Robinson was a short distance away. J. W. Rldder. George Zachary and N. W. Sandron. who spoke with Robinson Immediately after the ehootlng. testi fied (hat Robinson told them that Mc Allister was tampering with the Rob inson dam. In an effort to obtain use of the water for hla own claim. Robinson told them, ao thy said, that he had shouted to McAllister and that then, believing that McAllister waa about to shoot him. ha fired. McAllister died at once. Rath te Testify Today. Drs. C. O. Hyde and James Rosen berg, tha latter County Physician, gave medical testimony regarding tne ois tance from which the fatal missile was fired and the nature of the wounda of lh. deceased. Court adjourned at 10 o'clock tonight and tvearlnas will begin early tomor row. when Miss Ruth Robinson, the IS- year-old sisted of the accused, and the only spectator of the shooting, will take the stand and declare that her brother shot In self defense. The atata haa no direct testimony to offer, and will rest Its case on cir cumstantial evidence. Owing to tha number of witnesses and the nature of their teetlmony. tha caae la expected to continue all week. REJECTED SUITOR SOICIDE Harold Faulkeraon Shoots Self at West Fork, Or., Hotel. nnorniTRn nr . Oct. IB. ?reclat.) Harold Faulkerson. of Grants Paaa. retired to hla apartmanta In a hotel at West Fork shortly arter t ociock lasi night and committed suicide by shoot ing himself through the right temple. Faulkerson is wioukih. despondent when his suit waa rejected by his sweetheart. rinivarinn waa emDloved In the for estry service and had been stationed st West Fork for several months. He reached the hotel at about oeloclt last evening and at the time appeared In the best or spirits, an nour taivr k - wn Ia h'a room and aeatlna him self on the bed. sent a bullet into his brain. The shot was neara oy cnu dren playing near the hotel. Faulkerson waa about 24 yeara old. A r-til. nerannal effects waa found an Insurance policy for 13000. made payable to Ms motner. Tne noay was brought here tonight by the Coroner. ALLEGED SLAYER IS SEEN Posse Takes X'p Pursuit of Man Who Asks for Salt and Pepper. ABERDEEN. Waah, Oct. 2S (Spe cial.) Awakening a hunter In the vi cinity of Jack Wlnslow's camp, about SB miles north of Aberdeen. Sunday night, a man who la believed to no John Tornow. alleged slayer of Will and John Bower, who were killed near their father'a ranch September 11. de manded food and a supply of salt and neDDer. Immediately news of tha Incident waa forwarded to Sheriff Payette, Two deputies took up the chaee. Other membera of the larger posse now In sesrch of Tornow will Join the bunt and It Is expected that the man will be taken before the end of the preaent week. Tornow la known to be heavily armed and Is aware that ha la being followed, ao Is expected to make a des perate resistance. MOROCCAN PACT NEARER Flrt Fart of AgTeernent Submitted ; Second Well Tnder Way. ' BERLIN. Oct. 25. Tha German and French governmenta have communi cated to the powera tha first part of the Moroccan agreement having to do with the poaltlon of Franca In Mo rocco. They make an optimistic atate ment regarding the negotiationa over the second part, concerning the com pensation to be given Germany In French Congo. NOME PLACERSOPEN LATE MUd Weather and Plenty of Rain Helps Gold Dredge". NOME. Oct. 5. All gold dredges In the Nome district are still In opera tion, an unusual condition for this time of year. The weather thla Fall has been' remarkable. Mild temperaturea and plenty of rain make It possible for the miners to continue their work long past the usual time for closing down and a large cleanup la being made. i I BEN . S COAL CASE ARGUED Hughes Warns Court of Un conscious Prejudice. ALASKA AWAITS DECISION High Tribunal Glrea Store Than Canal Attention to Iuo of Val idity of Indictments AU log-In g- Huge) Frauds. "WASHINGTON. Oct. 15. In leaving with the Federal Supreme Court today the question of the validity of the In dictment of Charles F. Munday and Archie W. Shlnls on a charge of con spiracy with others to defraud the Gov. eminent of vast areas of coal lands in Alaska. E. C Hughes, counsel for the defendants, pleaded with the court to decide the question without prejudice. He said that the question of validity depended upon the construction of the S-L &.' Hi $6 Now Takes A Fine New $425 Piano at a Reduction of $ 107 Then Pay $6.00 a Month Your Choice of 6 High-grade Makes ' Six dollars give yon the privilege of m curing your piano from six of thevery best makes. So not let $6 stand between you and a piano now. Every reader of this paper who has no piano ought to take ad vantage of this opportunity. Brine is S8 today and we will send the piano to your home at once. After that it is simply a matter of paying ?6 a month, or 20 cents a day, and remember yon axe dealing with the Nation's Largest Dealers in Pianos. That is worth a whole lot, too. We say "money back" if purchase, after delivery, is not in every way satisfactory or as represented. . v What Eilers Music Houses say they'll do, they do. ra; of AJaska coal land laws as to whether a person or association could make more than one entry of coal lands. Tha attorney told the court that prob ably unconsciously members of the court would regard the defendants with suspicion because so much abuse had been heaped upon the Alaska coal land laws by magazines and newspapers. He bespoke for the law a liberal In terpretation In the Interest of the dis coverer and the prospector who had braved, the dangers of glaciers and mountain fastnesses to develop the country. By necessity, he said, the early prospectors were compelled to as sociate together as partners and he de clared that Congress never Intended to limit their association or partnership to one entry. The statement that "all Alaska awaits the decision of this case for a construction of its coal land laws and many other Indictments hinge on the outcome," induced the court .to give ex tended time to the case. Solicitor-General Lehmann, for the Government, was satisfied with devot ing a few moments only to the case In opening the arguments. He declared that the United States Circuit Court far Western Washington had erred plainly In Interpreting the Alaska coal land laws and in quashing the Indictments against Munday and Shiels. He argued that It was obviously erroneous to hold that a person was still "qualified" to make entries of coal land after Con gress had disqualified such a person. Mr. Lehmann replied to Mr. Hughes by saying that the Alaska land laws regarding "association of persons" were the same aa the law applicable to the ' - -J--- - 1.1:.- '" " "im Jis.i.rMiil'i "iHiai. NOW AT SEVENTH AND ALDER THE INTERNAL CONSTRUCTION CLOTHES Like the internal part of a human, is the very vitals on which the life of the garments depends. OUR FALL AND WINTER SUITS AND RAINCOATS are constructed to stand wear and tear with ease; fit, comfort, style and value, embodied in every garment. PRICES $20 to $40 "QUALITY AND INTEGRITY Standard of Standard ELLING PERFECT is used by people endorsed by the United States, which had been held to limit an association to entry. G LID DEN AUTOIST KILLED Chairman of Association Head, An other Man and Woman Hurt. TIFTON, Ga.. Oct. 25. 8. M. Butler, of New York City, was Instantly killed near here this morning- when the au tomobile, which he waa driving In the Glldden tour, was overturned. T. J. Walker and his wife, whose addresses were unobtainable, were hurt. Butler waa chairman of the contest ji.m mm t-ti:V jUr"'" ' '?m:tmm r: Mt , "-7 . :'.. t1: .ttt itti rj-!r3iiw.-!rar a ) LEADING CLOTHIER MORRISON AT FOURTH Dffl'8 of refinement and Dental Profession board of the American Automobile As sociation. Walker is the referee of th Glldden tour now In progress. The accident was caused by a break in the steering-gear. The car was wrecked and Butler instantly killed. Referee Walker's injuries are believed to be serious. Mrs. Walker's arm was broken. Bend, Oregon Will Make a City WHY? BECAUSE 250,000 ACHES IRRIGATED 1ANDS WILL MAKE A CITV OT 5000. 20 BILLION FEET FINE TIMBER WILL MAKE A CITY OF 5000, 3 MILLION ACRES CEREAL LANDS WILL MAKE A CITY OF 5000. 350,000 HYDRO-ELECTRIC POWER WILL MAKE A CITY OF 500P. TWO TRANSCONTINENTAL RAILWAYS, WITH THEIR TERMINALS. SHOPS. ROUNDHOUtiES AND UNION DEPOT, WILL MAKE A CITY OF S00O. A I.AROE BRICK YARD. STONE QUARRY, FLOt'R MILL8 AND SEVERAL OTHER INDUSTRIES WILL MAKE A CITT OF 8000. Bend has all of these Which you can verify br a little invetlss tlon. It's ALL the -whole TRUTH. Now, to say that BEND WILL, make a city of 43.000 to a short time is very reasonable. Don't TOU think so? J. J. HilL the Portland commer cial clubs, all th. leading magaslnes ana newspapers of the Northwest think so. Did it ever occur to you how The wealthy people of Portland. Pattl and their money by buying close-in property io the above cities when IT WAS CHEAP and a small amount was all that was required to handle the Investment. Just the same as we are offerlnc you TODAY at BEND, OREGON Business and close-in residence lots, 50x140. at $200 $200 Terms $10 per month For Free Msos and Photoxraphs of Bend and Central Oregon call on or write The Newlon-Koller Co. Inc.. 801 Buchanan Bids., 86Va Washington 8W