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