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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View This Issue
JURY IS NOT KNOWN
Idaho Land-Fraud Cases Are
Soon to Come Up.
GREAT SECRECY OBSERVED
Among Those Already Indicted Are
Some of the Prominent Busi
ness Men of State Xo
MOSCOW. Idaho, Oct. 2L (Special.)
Monday, October 23, the Federal Court
trill convene at this place. At this ses
sion will be conducted the trials of all
those against whom Indictments have
been found charging fraudulent transac
tions with relation to the public lands In
the state. It Is anticipated that at this
lime will be preferred other Indictments
of a similar nature and character, and
much speculation Is being Indulged in
by the citizens of the entire state as to
the probable outcome and exposures that
will result by reason' of the Investiga
tions that have been vigorously prose
cuted for somo time by the agents and
officials of the Government.
During the month of July a special
grand jury was summoned at Boise for
the purpose of finding indictments
against certain persons against whom the
Government had evidence and upon the
conclusion of Its work eight indictments
had been preferred. This procedure was
adopted at that time for the reason that
the offenses with which the persons
were charged had been committed at a
date so far back that to delay it. until a
regular term of the court would be to
let the statute of limitations run in favor
of the offenders.
Indictments for conspiracy to defraud
the United States were found against
George H. Kester. cashier of the Lewls
ton National Bank; William F. Ketten
bach, president of the bank; Jackson
O'Keefe, of Asotin. Wash.; William
Dwyer, Clarkston, Wash., for four counts
each. Identical indictments wero found
against George H. Kester, William F.
Kettenbach and Jackson O'Keefe for
three counts each for subornation of per
jury. Indictments were preferred against
George H. Kester and Clarence- Rob
r.ette, a bookkeeper in the Lcwlston Na
tional Bank and an indictment for per
jury against Ivan R. Cornell. There
were also three other Indictments made
against rersons of less prominence for
perjury and one other for subornation
The conspiracy indictments are brought
under the same section of the revised
statutes of the United States under
which Congressman Williamson and Dr.
Gesner. of Oregon, were indicted, tried
and convicted, and are divided Into two
clastes. The first count charges that in
Lewiston April 25. 1904, Kester, Ketten
bach, Kecfe and Dwyer "did falsely, un
lawfully and wickedly conspire, combine,
confederate ard agree together to de
fraud the United States of largo tracts
of land in the county of Shoshone and
State and district of Idaho, and of great
alue of which the following-described
lane1 is a part." Then follows a descrip
tion containing about 360 acres.
The count then charges that the, lour
raertloned persons persuaded the 'entry
men to swear that he applied for the pur
chase of the land for- his own .-use-sand
In good faith, and not for speculative
purposes, and that, he had no direct" or
ndlrect agreement with any persons
whereby the title should pass to them.
It then charges that the entry was
fraududently made and that, in pursu
ance to a conspiracy the defendants fur
nished or caused to be furnished money
to the entryman whereby he acquired
title to the land.
The indictment charging Kester with
subornation of perjury alleges that
January 19, 1903, he did. unlawfully,
feloniously, willfully and corruptly su
born and procure Ivan R. Cornell to lo
cate certain timber lands under an
agreement that title should pass to
Kester and the remaining Indictments
are along the same lines as the two
Kettenbach and Kester are the two
prominent personages indicjted. Both
are wealthy, well-known throughout
the ontlre state and most parts of the
West, and the possessors of hosts of
friends; both have figured conspicu
ously in the politics of their stat and
will have at the time of their trial
the best and most brilliant legal tal
ent that the state possesses to con
duct their defense. The others, while
less prominent, will nevertheless make
a hard fight for their acquittal.
United States District Attorney N.
M. Rulck, together with his deputy,
Miles S. Johnson, will conduct the pros
ecutions as none have Been assigned
by the department to either assist or
take charge over the District Attorney.
No grand jury nor trial has yet
been drawn, so far as the public knows;
in the event that there has. It Is
a matter that the officials alone pos
sess any knowledge of. This is unique
in the fact that never inthe history
of the state has the public failed to
know at least two weeks ahead who
the Jurors, both grand and trial, would
Several theories are evolved relative
to the withholding of this Information.
One is that the court fears that If the
jury panel is known In advance of the
meeting that they may be influenced
and tampered with; another that the
Jury will not be summoned to report
until two or threo weeks after the con
vening of the term. A reason given for
this action is that developments at the
trials of those already Indicted will
implicate others and Justify their in
dictment. And another is that the de
partment has failed in making the
large captures It had expected by Its
Investigations and that no more indict
ments will follow. An inference Is also
drawn to the effect "by many that the
cases now scheduled for trial are not
serious or the Government -would send
a prosecutor to conduct them.
DEPOSIT MONEY IS FORFEITED
Idaho Entry Has Been Rejected on
Ground of Fraud.-
BOISE, Idaho. Oct 21. (Speolal.)
The Commissioner of the General Land
Office has affirmed the decision of Re
ceiver Garrett, of the Boise office. In
refusing- to return $410 to Harvey
Wells, of Centervllle, whose offer to
enter a tract of timber land under the
timber and stono act had been rejected
on the ground of fraud. The question
arose In this office, the Receiver refus
ing to "return another applicant's
The Commissioner of the General
Land Office overruled him, but the "Re
ceiver asked that the subject be re
viewed. This led to a decision hy the
Secretary or the Interior that such
money paid in by applicants when of
fering to enter was public money and
was subject to forfeit if, fraud were
proved. It was contended by the at
torney for the applicant that the Re
celver merely held the money for the
applicant pending determination of his
There have been five cases of rejec-
tion of offers to enter land in this of
flco because of fraud, in all of which
the money deposited is forfeited. Some
other cases are pending and It is ex
pected a number of them will bo de
cided against the applicants, as the
officers of the Government claim to
have conclusive pr.oof of fraud.
3Irs. Nellie Woodward.
CORVALiUS, Or., Oct 2L Special.)
Mrs. Nellie Woodward, wife of ex-County
Judge Woodward, died here this morning
after an illness of eight weeks. Sirs.
Woodward has been prominent in W. C.
T. U. circles for many years, and was
widely known for her charitable acts. She
was born in the county 54 years ago, her
parents being among the. very earliest pio
neers. Besides her husband she left a
son, Don Woodward, and daughter, Wi
nona, of Corvallis. Her sisters, Mrs.
Jane Quick, of Halsey, Mrs. Alvln Meph
eny, of Oregon City, Mrs. J. Nunan, of
Portland, and Mrs. Addle Thompson, of
Seattle, have been summoned to her ob
sequies by telegraph.
TACOMA. Wash., Oct 21. (Special.)
Henry Beckett one of the early
pioneers of Pierce County, died last
night in a Tacoma- Hospital as the re
sult of an operation. He came to Ort
ing about 36 years ago, and was en
gaged In farming. The body was sent
to Ortlng, where the funeral will be
Stamp Mill In the Spring.
GLIDTnDALE, Or., Oct 2L (Special.)
Willis Kramer, of Myrtle Creek, was in
Glendale a few days ago, and said that
he was preparing to place a force of men
on his Whisky Creek properties for the
Winter, and would Install a modern stamp
mill In the Spring. Mr. Kramer Is now
associated with his two brothers, and they
have the mineral and the money with
which to develop it This mine Is about
two miles from the famous Gold Bug
County Clerk Goes Abroad.
HELENA. Mont, Oot 21. (Special.)
A dispatch to the Reoord from For
syth says ex-County Clerk Charles W.
Bailey, of Rosebud County, who was
under bonds to answer to the District
Court for-belng implicated In a gigantic
bounty fraud, by which it Is alleged
the state was defrauded out of $20,000,
has disappeared. It Is believed he has
gone to South America.
Judge Invln Is Upheld.
ABERDEEN, Wash., Oct iL (Special.)
The State Supreme Court which sum
moned J. G. Irwin, o the Superior
Court to show cause why he refused to
grant a stay of proceedings on the shack
removal cults, upheld his action on Fri
day, when the writ Issued by the higher
court was argued.
Xong Off 3routHof River.
ASTORIA, Or.. Oct 2L (Special.)-The
French bark Touralne arrived in' this
afternoon, 21 days from San Francisco.
She has been off the mouth of the river
since October 16, but owing to adverse
winds, was unable to come In close
enough to be picked up by a tug.
Pay for a Iiost Arm.
MONTESANO, Oct 21. (Special.) A
verdif was rendered last night against
the Michigan Dumber Company and In
favor of William Smith for $3375. Smith
lost an arm as the result of the break
ing of a saw In .the mill of the defend
ant. Child Plays With Matches.
BELLINGHAM, Wash., Oct 21. Whllo
playing with matches this EaCrnlng, the
2tt-year-old daughter of ex-Mayor HardJn.
,of this lty. caught fire In her clothing
and was so badly "burned that she died
this af Ursoon.
OFFICES SHUT IIP
Bay City Trust Company Afou!
METHODS ARE IMPROPER
Many Small Stockholders Through
out the State of California Have
Risked- Their Savings With
SAN FRANCISCO, Oct 21, (Special.)
The Bank Commissioners this morn
ing closed the offices of the United
Bank & Trust Company, in this city
and Alameda. The main office of the
company Is located In the Mills build
ing, and there are two branches In San
Francisco and one in Alameda. The
Bank Commissioners declare the bank
officials are guilty of improper and il
legal methods, continuing such prac
tices even after they had been warned
by the authorities.
The concern has many small stock
holders throughout the state who have
risked their savings In the bank. The
bank officials say that there Is now on
deposit 5100.000, $60,000 of which Is In
cash. The paid-up capital, they-state,
is $214.0000, of which $200,000 Is lent
out on good security. The officers of
the bank are well known throughout
the business community and their
standing is the best
The trouble arose over the action of
the bank officials in taking promissory
notes in payment for their stock. The
officials admit that they were warned
not to lend money on the stock, but
stated that In their report to the Com
mission they failed to note that the
notes wero commercial. These promis
sory notes are said to compose the
chief portion of tho truBt company's
stock, and it is for this reason that
the Commissioners deemed It advisable
to close the bank.
President Frank N. Myers says that
every dollar Is loaned out on gilt-edged
security, and he states that unless somo
agreement can be made with the Com
missioners, attorneys for tho bank will
go Into court on Monday, and that the
Institution will certainly be open with
in a week, anfl probably within three
"The whole contention arose over our
action In selling bank stock and In tak
ing the same," said President Myers.
"The Attorney-General, I helleve, al
leges that this Is not according to law,
and advised the Commissioners to close
our doors. The whole matter might
have been amicably settled had the
board called us Into conference and
given us a chance to explain. Instead
of doing this, they saw fit to take er
ratic action, and as a result they have
done us an inestimable amount of dam
age. That is the only result
"The step taken was wholly uncalled
for, and I am sure that we could have
arrived at an agreement without such
radical measures. Monday, unless we
are able to adjust our difficulties with
the Commissioners, we shall instruct
our attorneys to take tho matter Into
court and I think that within three
days yvo will be open again. Our paid
up capital is $214,000, and wo have
$200,000 of that loaned out on gilt
edged security." .
The Bank Commissioners report
shows that the. trust company's liabili
ties amount to. $339,782.23, and their re
sources come to the same figure. The
resources consist of stocks, bonds and
warrants amounting to 50.'450; loans
and discbunts amounting' to $186,423.21;
cash balances, amounting to $40,353.37;
due from banks and bankers, $27,
717.03; furniture, fixtures, etc., $2986.13;
expenses, taxes, etc, $31,S52.49.
The paid-up capital, according to the
report. Is $212,875; amount due deposi
tors, $107,749.90; amount due banks and
bankers, $5271.66; Interest -collected.
110.781.41; rates, exchange. etc.,
$3095.31 dividends unpaid. $695; other
liabilities amount to $200.
Co -Ed. on Executive Board.
WHITMAN- COLITGE. Walla Walla.
Wash., Oct 2L (Special.) The executive
committee of the Associated Students of
Wlhtman Collego selected Lucllo James
as second vice-president for this year.
This Is the first time a co-ed. has ever
been on the cxecutlvo committee. Miss
James is a member of the senior class,
and a student and leader of marked abil
ity and gre'at popularity. Sho Is a daugh
ter of Rev. H. P. James, pf North Yak
ima, one of the trustees of the college.
Divorce Suits at Eugene.
EUGENE. Or., Oct 2L (SpeclaJ-)-Leila
M. Eddy has begun suit against Walter
Eddy for divorce, alleging cruel treat
ment. They wero married In 1ML
Mary A. Stear has sued Thomas Ar
Stear for divorce, on the ground of cruel
treatment- after having lived with him
for 2S years.
Fell From a Iiumher Oar.
PENDLETON. Or.. Oct 2L (Special.)
J. O. Lamb, the section hand who was
run over by a freight train yesterday
afternoon, died at noon today. It was
learned today that Lamb was intoxicated
and fell from a lumber car just as the
train started from the yards.
rich prospector, loses ins avat
Jast as ITe DUeeTcra Oopycr Fiad.
Waadezed Area Hi far Days
la a Circle.
SANTA FB, N. Oct After
discovering- rich deposits of native ore
following weeks of prospecting, Wil
liam DIdlcan, of Schenectady, N. T., was
found dead today on the plains west of
White Oaks. Ho had Btarved to death
after discovering a mass of copper of
great value. DIdlcan began hl pros
pecting tour several months ago. It is
presumed that while on the return trip
to civilization he lost his way. His
previsions and water gavo out For a
mile around where Dldlcan's body was
found were his tracks, showing that
for days he had traveled. In a circle.
By hJs side was his prospector's sack,
containing samples of rich copper. It
was copper In his possession that told
the story of his rich discovery. Just
whero tho deposits are located Is not
known, but mining1 men aay the mine
Is In the hills to the west of White
Indicted for Discrimination.
CEDAR RAPIDS, Iowa, Oct 21. -Linn
County Grand Jury today returned
three Indictments against the Chicago,
Rock Island & Pacific railway for al
leged discrimination In passenger rates.
The Indictments aro the- outcome of ln
terurban rates established In this city
and Iowa City. It Is alleged that resi
dents of terminal cities were given
lower rates than accorded residents of
OCTOBER 22, 1905.
IF YOU WANT TO KNOW WHAT SMARTLY DRESSED
MEN WILL WEAR THIS SEASON, ASK BEN SELLING
: v - -
A maximum of value -at
a minimum of cost, untiring
attention to detail, extreme watchfulness
in every part of construction, unflinching
steadiness of purpose mWks the
distinction of our clothing from that
of other stores.
MEN'S SUITS j
Hoarded Wealth of Washing
ton to Be Unearthed.
GRAII TO PAY ITS SHARE
State Commission Will See to It That
2"o Concelvablo Article of Per
sonal Property Shall Es
cape the Collector'
OliYMPIA, Wash., Oct 2L (Special.)
The Tax Commission of Washington pro
poses that every conceivable article of per
sonal property, tangible and Intangible;
that money In bank, the hoarded wealth
In the old stocking under th.o bed or In the
Jug on the shelf, or In the can burled In
tho orchard, and even the pennies In the
baby's savings bank, shall next year bear
a portion of the state and county taxes.
The new personal property detail list
under preparation for some time by tho
commission was completed today. All the
items of the old list are enlarged and
made more specific, and dozens of new
ones are added. The commission shows a
desire to go after the 'person who has
money laid by for a rainy day, and when
listing bis property be must swear to the
"moneys on hand or on deposit, either
within or without this state, subject to
draft, check or order, or In any Bafety
deposit box, safe or vault, or elsewhere."
After ho has done this and w.aded
through a searching list of details as to
his other possessions, he must answer
whether his wife or minor children own
any property, moneys or credits not given
In his list The answer "Tea" brings him
another blank to fill out In their behalf.
An Important Item on tho list seeks ts
prevent the escape of train from the tax
rolls, which has been one of the greatest
taxation leaks In this state, one new Item
requiring a report on "hay, grain and
other farm products In warehouse, ele
vator or cold storage, whether stored for
hire or handled on commission or owned
by storage or elevator companies, or oth
erwise, to be listed by the person, firm or
corporation In whoe hands the same Is
found on. March 1,"
The biggest type pn the Hst requires
that the oath accompanying It must act
ually he read and administered, a matter
that has been generally overlooked In the
past The rule Is also announced that
partners cannot deduct their Individual
debts from partnership credits, and that
only such debts as are owed and payable
within this state aro permitted to be de
ducted from credits.
BRIEF TELEGRAPHIC NEWS
M. "Clementel. French Minister of the
Colonics, and Mrs. Rigby Knowles, widow
of an English publicist were married
yesterday. Premier Rouvier acted as
chief witness for the groom, and Admiral
Fournler for the bride. .
Dr. W. M. Brown, secretary of the
North Platte Copper, Mining & Smelting
Company, of Douglas, Wyo., has bee-a ar
rested In Boston, being charged In Phil
delphia with larceny from the company.
There has been no cholera In Manila for
six days. Thero were 14 cases and 12
deaths In other parts of the Philippines
Joseph Turple, of St. IxjuIs, was Instant
ly killed at Chatswort 111-, by coming In
contact with an electric wire while chas
$15 to $35
ing his hat which had been blown off by
the wind. William Melster. .In attempting
to drag the man's body from the wire,
met a similar fate.
The trustees of Smith College, at North
ampton, Mass., on Friday, voted to use a
fund donated by John D. Rockefeller for
tho erection of an assembly hall and a
As the result of the strike of the print
ers at tho General Electrlo Company's
plant at Schenectady, N. T., the com
panjThas decided to abandon Its printing
department and have its work done out
Blde tho plant '
Senator John Blrge, a prominent Repub
lican and well-known manufacturer, was
killed at Bristol, Conn.. Friday, when a
horse he was driving ran away, throwing
him from his carriage to the curb.
The Jury In the trial of Mrs. Helen
Schmldlap, at Denver, for the murder of
her husband. William Schmldlap. disa
greed, after 40 hours' deliberation. '
LENA TO LEAVE
RUSSIAN VESSEL MAY GO TO VLAD
IVOSTOK. Officers Hope o Go Straight Home, as
Far XUxtcni City Is Crowded
to the Limit.
VALLEJO, Cal., Oct 21.--(Special.
It Is expected that the Russian cruiser
Mare Island Navy-Yard for more than
a year, will depart from hero about No
vember 1. She will take on coal at
San Francisco after she baa received
her breeohlooks and other portions of
her equipment now stored In the ord
nance department at Mara Island.
The official orders of release from the
State Department and from St Peters
burg1 have not as yet arrived, and until
they do, the plans of tho Russian offi
cers and their families will not be
known. Six of the officers have their
families living In this city and these
have requested the Russian govern
ment to allow them to take their wlve3
and children home on tho cruiser.
Whether this will be done or not Is
bow an opon question. The Lena may
proceed to Vladivostok and land the
orew there and be turned over to her
owners, from whom she was leased at
the opening of the war, or sho may
proceed to Japan and take on a number
of Russian officers hold as prisoners In
The officers of the Lena are very
much opposed to going to Vladivostok,
as recent reports from that city state
that there are nearly 68.000 officers
and petty government officials wait
ing orders there and with Winter
coming on tho prospects are anything
but pleasant Apartments and food are
high and hard to get
If the wives of the officers of the
Lena are allowed to return home on
the ship they will take from this coun
try great quantities of canned goods,
cooking utensils and other household
articles, which are unknown In Russia.
It was also learned at Mare Island
today that &x ' the officers of the
Lena are so delighted with California
that they have put in applications for
positions- as Inspectors and government
agents to watch tho construction of a
number of ships of the new. Russian
navy, which, It la understood, will be
constructed In San Francisco within
the next two years.
Foraker'a Condition Unchanged.
CINCINNATI, Oct 2L Senator Fora
ker'a condition of health was no better
nor worse today than It was- when he
was ordered to his bed. He is being
subjected to a hot compress treatment
which In previous instances has proved
effective. Senator Foraker suffered a
similar attack of cold settling in the ab
domen the latter part of the Summer
while trying to rest at Hot Springs, Va.
All of his campaign engagements will
probably be canceled.
A Yandcrbilt and Ills Taxes,
NEW YORK, Oct. 21. William Aitor
Vanderbllt a naturalized British subject,
today obtained from Justice McCallam. in
the Supreme Court, writs of certiorari
calling for a review by the Tax Commis
sioners of the assessment placed upon a
considerable amount of his real estate in
this city for tho current year. He avers
that tho assessments placed on his prop
erty are exorbitant
MAKES WEAK WOMEN STRONG
AND SICK WOMEN WELL.
Forty years ago, Dr. Pierce searebed
Tfature's laboratory lor a remedy wita
which to supplant the Ignorant and Tl
cious methods of treatment, with aloo
holia Btlmul&nte, then In vocqe. and silll
too commonly prescribed and (uvriaedfor
woman's peculiar ailment.
Nature abounds with mosi efflcieartreia
ediea, and in Lady's Slippsr root, BlaoSc
Cohosh root, Unicorn root, Blot Cohosh
root and Golden Seal root, pr, Piyco
found medicinal propsrUe, vrhU whan
extracted and preserved by the use of
chemically trara glycerine, have proven
most potent in making weak fressan
strong and sick woman ttqIL It coKMlns
no alcohol; it not f "patent sMdielns,
nor a secret one either.
"I -wis sufferiag "irilh nerroas
tains in the bsak and OlzzmM
tunes x n&a to lie aawn ior noun pcior
oo&ld raise my head." writes Mrs. Hary
x h&a to lie aawn
tWni. of 337 Winston !
Street Los i
i first bottle
CaJ. "After taldnr the first bottle oi
n." bcry ever. X Tras so MMed
the results that I kept e takmff it aauj
iru restored to neaiin, ana icrecxje. a
L never pe "Viuoae wis itbu jpefMuia.
hall take a few doaas irbea I 4a set
One ofthe principal usee of Br. Pierce's
Favorite Prescription is the preparation
p prospective mothers for the tisae of
trial and dang
thai comes when a child
is born. The "Prescription U stxeafta
enlng and invjaporaVlDir and lessen Jain
and danger. It insures the perfect well
being and the perfect health of both
E other and ohlld. Every worn a a should
low theee things before she really needs
tolcnowthew. There are teeny things in
Dr. Pierce's Common Sense MedJeei Ad
yjser, ihftj every woman oaghfe to Icnow.
This celebrated work reached a sale ot
680,000 copies at IL60 each. The expense
of production haying tans oeen coverea.
lotion haying thus been covered,
v being gfvea away. X copy will
to any address on reeeipt of 21
it Is now
ha nnnt to anV
one-cent sUmpe to eover eost p; mailing
only, or, in doth Jrfndiiw lor ai 3
Addreea Dr. E.V. Pierce, Buffalo,
loth Wnaiaff lor si stamps.
r li. D sznJ-.lA4 hoodooed.
JLWU I DC UWJUWiuacu, hytmotixed
They've beea. mmek tekat4 but
qtigle4. one or tiro are lexaetre, wee
Drunkenness Is a Disease
Of the nervous system. Medical treat
ment is necessary to cure It
Removes the craving for liquor and re
stores the nerves to the normal condl-
.tlon. No sanitarium treatment required.
Can be taken with or without the pa
tient's knowledge. No. 1 Is the secret
remedy. No. 2, voluntary treatment
$1.00 per box. Mailed sealed. Booklet
free. Money refunded If It falls.
The ORRINE CO., Inc., Washington. D. C,
'Vjfoeaard, Clarke & Ce Fertlaad, Os