TIIE SUNDAY OREGONIAN. PORTLAND, AUGUST 12, 1906.
21
GUARD GUILTY,
SAYS THE JURY
One More Defendant Ground
Through the Government's
Land-Fraud
WILL ASK FOR NEW TRIAL
Judge Bennett, Counsel for Bar
nurd, Declares Verdict Wrong.
Judge Names Wednesday as
Date for Sentence.
At 11:13 o'clock' last night the Jury In
the case of George D. Barnard, charged
with perjury in having made a false
affidavit as witness in the final home
stead proof of Charles A. "Vaion, agreed
on the first ballot on a verdict of guilty
with a recommendation of clemency. The
Jury was out exactly 36 minutes, having
retired at 10:37. As soon as the verdict
had been reached, the defendant and his
attorney were sent for. Judge Hunt and
United States Attorney Bristol not hav
ing left the Federal building, and at
11:25 the findings of the. body were an
nounced officially.
Judge Bennett, counsel for Barnard,
Immediately gave notice of his Intention
to move for a new trial, and was allowed
80 days In which to complete his appeal.
Wednesday morning next, at 9:30, was
the time set by the court for passing of
sentence upon Barnard. This was aleo
the date fixed yesterday morning for the
passing of sentence upon Hamilton H.
Hendricks and Charles A. Watson, who
were each separately convicted In con
nection with the land frauds.
After the Jury had rendered Its verdict
in the Barnard case last night. Foreman
Louis G. ClarXe, upon behalf of all Its
members, expressed the sincere thanks of
the body to Judge Hunt for his courteous
treatment during the three days consumed
In trying; the case.
Defendant Barnard took the announce
ment of the Jury's findings with utmost
coolness. When asked if he was nervous
as he came up the stairs of the Post
office building in response to the sum
mons of a bailiff that the Jury had
reached a verdict, he replied In a cheery
voice: "Not a bit," and his manner in
dicated that he spoke the truth.
Expcotcd an Acquittal.
"The verdict was wrong." declared
Judge Bennett, Immediately after the an
nouncement had been filed with Clerk
Bladen, "and 1 shall lose no time In tak
ing an appeal. I certainly expected a
verdict of acquittal upon the evidence,
but it seems I am tip against the same
old brick wall."
The closing hours of the trial were
not devoid of their graphic features. Juror
Walter H. McMonles, toward the finish
of the proceedings, became attacked with
a serious ailment, which a physician diag
nosed as symptoms of typhoid fever. As
a consequence, during the argument last
night he was- laid out on a lounge in the
courtroom, and in this reclining position
remained during the entlie evening ses
sion of the court. It is not thoupht his
condition is serious, although had the
case been prolonged to any considerable
extent, it might have necessitated the
disbandment of the body.
The extreme penalty of the crime for
which Barnard has been convicted is Im
prisonment for a term of five years and
a fine not to exceed $2000. In addition
the punishment carries with It Inhibition
from holding office in the Federal service
or testifying in a court of Justice.
Star Witness Morgan Recalled.
John M. Morgan, whose sensational
confession to having fraudulently filed a
homestead claim In the interest of the
Butte Creek Land, Livestock & Lumber
Company, was the feature of the pro
ceedings Friday night, was recalled for
further cross-examination yesterday
morning.
"There was a house on the claim," de
clared the witness, in reply to questions
from Juilse Bennett, "but my wife and
I did not sleep there. Some furniture
was In the cabin also. "I did not sell
the things to Mr. Kelsey, or anybody
else. I drew down the money that had
been deposited at the land office, after
filing a relinquishment of my entry. I
had made final proof, but the entry was
held up In the lund office for some reason
or other: so, when I decided to leave
Fossil and go- to California, I made up
my mind to get the deposit to my credit,
as the Butte Creek Company had agreed
to pay. me J300 for my claim. My inten
tions were to keep $150 of the m6ney and
return the balance to the company,
whom I believe made the payment in my
name. I never was paid the $300 agreed
upon."
Defense Is Begun.
The defense 'began- at 10 o'clock, S.
Sfarr, who has resided near Fossil for
the past 19 years, and who was formerly
in partnership with Senator W. W. Stel
wer In a band of sheep, being the first
witness. He testified to having eeen
Watson on his claim in February, 1S99.
Mrs. Lily May Zachary, wife of Clar
ence B. Zachary, superintendent of the
Butte Creek Land, Livestock & Lumber
Company, detailed an acquaintance with
Watson extending through a period of 14
years.
"After the Metteers got through raising
tomatoes on the Watson claim," said she,
"my husband cultivated it for two years,
and the next reason Watson put It in.
The understanding between my husband
and Mr. Watson was that Mr. Zachary
should cultivate the claim while Watson
was; away.
"I knew of several Instances where
Watson left our place, while he was
working for us,, with the avowed inten
tion of going on the claim. He would
come to our house and get his blanketa
and camp outfit, saying he was going on
his place, and I have no reason for think
ing he did not. He would usually be
gone one or two nights. Have seen him
in the country often, and do not think
he was absent more than three or four
months at a time.
"Mr. Watson was sick more or less all
the time I have known him, and was ill
in bed the first time I ever saw him.
Remember seeing him working on his
place on two different occasions. He was
piling up rocks both times. Watson
worked on our place doing odds and ends.
He was generally given light employment
on account of his physical condition.
"In 1!KK Watson got the seed potatoes
from us to plant on Jiis place. I saw the
patch, but did not see him plant the po
tatoes nor notice anybody living in his
cabin. When it was repaired before he
proved up, he came to our place and got
a team and wagon, loading it with lum
ber. I let him have soma paper with
which to paper his cabin."
Defendant's Wife Called.
Mrs. Nellie E. Barnard, wife of the de
fendant, was then placed on the stand
and testified that Watson's claim was
located about ten miles west of their
place. ' .
"Mr. Watson has worked for my hus
band at intervals during the past six or
seven years," said she. "We never put
.very much, work on him. It seems to
me he worked for us quite a lot. My
husband employed a number of men, and
I pever paid much attention to him.
Do not remember how often he would go
to his place. He would frequently be
gone for several days, and it was always
my understanding that he had gone to
his place.
"I remember the fact of Watson's buy
ing a band of horses from my husband
and taking them to the Willamette Val
ley. I recall the circumstance because
one was my saddle horse, and I felt
quite badly about it."
T. J. Smith, owner of the Fossil grist
mill, who has known the defendant 13
years; Charles Hilton, a rancher erf
Wheeler County for the past 23 years;
United States Commissioner James S.
Stewart, of Fossil; P. L. Keeton, ex
Sherlft of Wheeler County; Albert Cleve
land, proprietor of the Livestock Ex
change and Fashion Stables, of Portland,
and formerly a resident of Fossil; Mrs.
Mary Potterton, of Portland, also an ex
resident of Fossil, who has known de
fendant 17 or IS years, and C. R. Neal,
commonly known as "Bob" Neal, a Fos
sil rancher of 18 years' standing, all testi
fied to the good character of Barnard in
Wheeler County and to his reputation for
truth and veracity.
John Edward Boys, who reported the
testimony of William Shepard, a Gov
ernment witness in the Watson case, tes
tified that during that trial Shepard had
testified that he had no conversation at
Greenville with Watson relative to prov
ing up on the lafter's homestead, while
in the Barnard case last Friday Shepard
swore that he had such a conversation.
Attack on Sbepard'a Reputation.
Judge Bennett at this stage of the pro
ceedings commenced a vicious assault
upon Shepard's reputation with a view of
impeaching his testimony. He first called
C R. ("Bob") Neal to the stand for that
purpose, and the witness declared that
Shepard's reputation for truth and ve
racity was bad in Wheeler County. This
statement aroused the ire of United States
Attorney Bristol, who on cross-examination
secured an admission from Neal that
there had ben trouble between the two,
and that Shepard had forbidden Neal to
travel over his place.
"I once carried a dirk knife for Shep
ard." declared Neal. "He threatened me,
and as a matter of protection I threat
ened to stick It Into him."
Mr. Bristol Didn't you, yesterday. In
the presence of Elmer Metteer, Isaac
Bledsoe and C. T. Scoggins, threaten to
thrash Shepard?
Neal I believe I had such a talk as
that, and, knowing the gentleman a"s
well as I did, and hearing him testify
falsely, I could not refrain from express
ing myself in the war I did.
It developed that Neal had first heen
subpend by the Government as a wit
ness in the Coe IX Barnard case, but for
some reason or other was discharged
seven or eight days after he got here.
Although coming here as a Government
witness, the defense later suJrpenaed him.
P. L. Keeton, the ex-Sheriff of Wheeler
County, who had known the general rep
utation of Shepard from 1899 to 1903, stat
ed that it was bad, as did also T. J.
Smith, who had known him around Fossil
eight or ten years.
The defense closed at 3:40 with the tes
timony of this witness, and argument o
counsel commenced. Mr. Bristol opened
for the Government in a forcible speech
of an hour's duration, and was followed
by Judge Bennett, who spoke until 5:30,
the hour for adjournment, and at the
session last night from 7:30 to 9, when
United States Attorney Bristol closed for
the prosecution in time for Judge Hunt
to begin the delivery of his Instructions
at 9:50 P. M. The Jury retired at 10:37.
WORKING ON ALASKA LINE
Committee Will Have Definite Re
port Ready in few Days.
The' Portland-Alaska steamship project
Is now Hn the hands of the four commit
tees appointed last week by the presi
dents of the four business men's organ
izations. A sub-committee of three has
been selected and is working so that
everything will be in readiness within
a few days to submit the proposition to
the original committee of 12. The sub
committee Is composed of Tom Richard
son, S. A. Mears and A. H. Devers.
These men are working to decide Just
how a stock company should be organ
ized and the amount of capital required.
It Is quite probable that In case the
stock company Is formed, it will be cap
italized at something like 500,000. Cap
tain Chilcott has impressed upon the
committeemen the importance of immedi
ate action, because an emergency exists
and a cargo of material should be shipped
to Nome as soon as possible. This ma
terial is to be used in completing the
work there in the harbor, so that the
unloading of freight can be accomplished
without trouble when the season opens
next Spring. ,
The project has received universal en
dorsement by the various committees
who have made the investigations. Under
these circumstances the sub-committee
is hopeful of an Immediate response from
the merchants of Portland for this new
lUXERAIi OF PIOVEER XO BE
HELD TODAY.
Mitchell Young De Vol.
The funeral of Mitchell Young De
Vol. a pioneer of 1S52, who died Fri
day at his home at 82G Gantenbein
avenue, will . bo held this morning
from the residence. The Interment
will be in Hose City Cemetery.
enterprise. Definite action will probably
be taken within the next week or ten
days. All those interested are positive
In their statements that the; proposition
will be carried out as first Intended.
The four committees having the matter
in hand are as follows:
Commercial Club F. A. Spencer, Jay
Smith, T. W. B. London.
Board of Trade J. Frank Watson, E.
N. Stoppenbach, Wallis Nash.
Chamber of Commerce Edward New
begin. Sol Blumauer. T. B. Honeyman.
Manufacturers' Association A. H. De
vers, George Lawrence, Jr., and W. H.
Morrow.
-BEE AMERICA nBST.
The Denver & Rio Grande has resumed
the operation of lta open-too and parlor
observation cars through Colorado's
famous scenery scenery not found else
where In the world. AH reduced rates.
Apply via this route. For whatever In
formation yu may desire call upoa W. C.
Mcrtdb 124 Third street
- ' w i
:.?...:-.:4&i'.x- ?;:: wjns
if i
ANNOUNCES ITS
DY
Trades Council Has Secured
The Oaks, and Will Make
the Event Notable.
OUTSIDE TOWNS TO JOIN
Committee Will Begin Canvass of
Business Houses Tomorrow, Ask
ing All to Give Employes a
Free Day September S.
This season's Labor Day celebration, as
planned by a committee of the Federated
Trades Council, la to eclipses everything
of the kind in recent years, and as there
are a number of reasons why this shoula
be, many shoulders are being pressed to
the wheel to bring off a celebration that'
will be remembered. Last season the ef
forts of the labor leaders to get together
and "Jubilate" were overshadowed and
there was lacking unanimity as to Just
where the celebration ought to be held
and of what it properly should consist.
The Fair, too, overshadowed all ordinary
affairs, the committee could not get the
terms It desired from the Exposition
management, and, finally, there was so
much going on all over town and the
traffic business was so extraordinary
that now, looking back upon it, many a
working man thinks' of the first Monday
in September as a literal Labor Day.
Arrangements have Just been completed
whereby the event -will he held at The
Oaks, and by which not only the union
people of this city will be included, but
also those of Astoria, Baker City, The
Dalles, Salem, Eugene, Corvallis, Albany
and elsewhere, if their organizations are
able to secure the railroad rate they have
applied for.
The Federated Trades Council commit
tee on Labor Day is composed of the fol
lowing: W. H. Fitzgerald, Charles
Schultz, C. H. Gram, D. C. Wells, Leo.
Ledwidge, J. L. Rodner, T. M. Leabo, F.
E. Neuberger, C. T. Frederick. Lucy
White Mary Keegan, Harry Gurr. The
celebration Is to be under the auspices
of the Federated Trades Council commit
tee. Many special diversions are being
arranged and prizes In plenty will be
given by the committee. The committee
will have charge of some of the attrac
tions inside the grounds.
Monday, a committee of the Fecterated
Council, headed by C. H. Gram, will
start on a canvas of the city business
district to induce every kind of business
house to close shop on Labor Day and
give every employe from attic to base
ment a full day off. Owing to the exten
sive plans for entertainment and the
cause the day is to commemorate, the
committee hopes for an unanimous "yes"
from all dealers.
The beginning of the Autumnal season
finds prosperity In every line of earning
endeavor and the work-a-day- world of
men and women apparently has little or
no cause for complaint. Passing over a
recent unpleasantness. In the form of a
threatened strike which the majority
voted was not necessary In order to get
along and amicably attain their objects
ultimately, the trades and the unions
are enjoying all the fruits of steady em
ployment at the best wages paid any
where. It Is realized that conditions are
ripe for an expression rather, perhaps,
an ebullient, uproarous demonstration
of satisfaction. Splendid progress has
been made among the organizations and
labor leaders "point with pride" to some
moral achievements In the lipe of mak
ing conditions much better for the work
ingman and working-woman.
FLOCKED TO
MADE LAND VENTURES; CLEARED
MONEY BY THE BARREL. -
Editor of Boise Statesman Gives Con
crete Instance of the Founda
tion of Fortunes.
Hundreds of thousands of dollars
have been made in Southern Idaho,
particularly In and around Boise, Nam
pa and Emmett, within the last few
years because of the rapid apprecia
tion of property, but as is often the
case those who were upon the ground
first and had been there for years were
not the ones who profited the most.
Farmers from Iowa, Kansas, Nebras
ka and other Middle Western States,
swarmed Into Idaho and bought thou
sands of acres at a very low price.
They have tripled and quadrupled their
money, while the old-timers have lit
tle more now than they had before the
Influx of settlers.
When they began to pour Into Idaho
land began to go up and has continued
to go up, and the Idahoans who sold
their farms and claims of raw land
at from $15 to $25 per acre now find
it worth all the way from $75 to $100
per acre. An interesting story of the
appreciation of land values in Idaho
Is brought to Portland by William
Balderston, editor of the Boise States
man, who is now a guest at the Ore
gon Hotel.
"Only five years ago raw land on
the Boise bench could be had from $6
to $15 per acre," said Mr. Balderston
yesterday. "Now none of it that Is
suitable for cultivation can be had un
der $50 per acre and from that on up.
This is the land that is to be watered
by the Government irrigation project.
"A concrete illustration of how prices
have soared can be had in a transac
tion of a friend of mine. He pur
chased a quarter section of school lands
at $10 per acre, the minimum price for
school lands. He broke up 40 acres,
erected a small house and in all did
not expend more than $1000 in Im
provements. . A year ago he sold this
land at $75 an acre and it is worth a
good deal more than that now.
"I know another instance of a man
who took up a desert claim and for
years tried to sell 40 acres of it at
$10 an acre. Three years ago he was
offered his price and some way the
deal fell through. Prices began to go
up, and a short time ago he disposed
of it at $25 an acre. But had he held
it a trifle longer ho could have sold
at $100 per acre or even more.
"The farmers of Iowa have pros
pered. The people who lived there and
had held onto land for years for the
most part sold out to the new settlers
as soon as there wag a market. So
those who came in just as the prices
began to advance are the ones who
profited the most, of course there
were some of the residents who had
foresight enough to refuse to sell.
Some land near Boise and Nampa sells
ss high as from $175 to $200 an acre.
Fruit lands bring almost any price.
"More new Irrigation projects are
being- constantly opened up in Idaho,
which afford people the opportunity to
We Can Make
100 SUIT
A WEEK
We Have Doubled
the Capacity of Our
- Workshop
The Columbia Woolen
Mills workshop has for the
past six months been too
small to handle our trade
satisfactorily. We never have
slighted a garment or turned
out any careless, hurried
work, but the disparity be-(
tween our business and our
facilities has sometimes re
sulted in unavoidable delay
in delivering clothes.
Henceforth we shall be
able to'deliver suits
promptly.
Our new Fall fabrics are
arriving.
We shall place about three
hundred patterns on exhibit
tomorrow.
Cheviots, Tweeds, Wor
steds, Srges and Cassimeres.
Suits to your measure
$17.50 to $40.00
Trousers to your measure
Our offer of a fancy vest
or extra pair of trousers
with every suit costing
$22.50 or more still holds
good.
Visit our store see the
finest ' collection of men's
dress goods ever exhibited
in Portland. Examine our
new, modern, up-to-date'
workshop. See how the Co
lumbia Woolen Mills Co. is
keeping her place in the van
guard of the march of prog
ress being made by "Greater
Portland."
ELKS' BUILDING
SEVENTH AND STARK STS.
acquire at a low cost lands which in
time will be very valuable. But to
secure these lunds one must be sharp.
The people of Idaho are beginning to
realize just how valuable the land Is
and as soon as It is known that a cer
tain tract is to be watered by some
Irrigation project there is a grand
rush."
EASTERN EXCURSION RATES
August 1, 8, 9, September 8 and 10.
On the above dates the Great North
ern Railway will have on sale tickets
to Chicago and return at rate of $71.30,
St. Louis and return $67.50, St. Paul,
Minneapolis and Dulut'n. Superior, or
Sioux City and return, $60. Tickets
first-class, good going via the Great
Northern, returning- same or any direct
route, stop-overs allowed. For tickets,
sleeping car reservations, or any addi
tional Information, call on or address
H. Dickson. C. P. & T. A, 122 Third
street, Portland.
BUY Y0URMILLINERY
At Le Palais Royal and save money and
time. All our trimmed hats going re
gardless of cost. S75 Washington street.
Clarke County Jury Drawn.
VANCOUVER. Wash.. Aug. 11. (Spe
cial.) The jury commissioners, H. G
Smith and J. W. Shaw, met at the court.
room of the Superior Court this morning
at 10 o'clock and drew a list of 30 Jurors
to serve at the regular session of the
Superior Court during the month of Sep
tember. The principal cases to come up
Police
Headquarters
Portland, Or., June 29, 1906.
Dr. R. A. Thompson,
Oregon Optical Co., Portland, Or.
Dear Sir I have been wearing
glasses for many years, but the Toric
Invisible Bifocal Lenses you fitted to
my eyes are the most comfortable and
satisfactory I have ever worn. I re
gard them so highly that I would
deem it a great misfortune were I de
prived of their use. Sincerely yours,
C. GRITZMACHER,
Acting Chief of Police.
You can do no better than Chief
Gritzmacher and thousands of others
have done with their eye troubles
Come to ns. We will please yon, as
we did him. Hundreds of testimo
nials from the best people of Port
land open to those who axe interested.
Oregon Optical Co.
173 Fourth St., Y. M. C. A. Bldg.
MOYER SUITS at
Newest style, single and double breasted,
cut from the best worsted and woolen
cheviot fabrics, in plain blues and blacks,
and in neat, fancy patterns extraordinary
values at
Cooper's Summer Underwear
Men's form-fitting balbriggan Underwear
in two shades blue and salmon our reg
ular $1 value on special sale this week at
59
MEN'S STRAW HATS at HALF-PRICE
BOYS' WASH SUITS at HALF-PRICE
will be condemnation euits of the Port
land & Seattle Railway Company. Among
the suits will be that of Henry J. Biddle.
wherein the railway company seek to
condemn a right of way through Mr.
Biddle's park, a beautiful place well
known to the residents of this county.
NOTHING BETTER
PHONE MAIN 72
.TEN DOLLAR
Q per Garment
Favors Salt-Wafer System.
SAN FRANCISCO, Aug. 11. The Fire
Commission yesterday approved a recom
mendation of Chief SJaughnessy, favoring
the establishment at the earliest possible
date of an auxiliary salt water system.
It's our malt, says one brewery.
It's our yeast, says another brewery.
It's the purity, says still another brewery.
It's the water, pipes in another fellow.
It's the age, says another big fellow.
And so it goes, each one basing the superiority
of his beer on one particular point.
WEIffliffiB
1W
Bases Its Claim to Superiority
on Every One. of These Points
A chain is only as strong as its weakest
link.
Unless every one of the above features and
several others besides are above criticism then
the beer is not above criticism and cannot give
perfect satisfaction.
""Weinhard's Beer" is always best because
it is always made, yesterday, today and will
be tomorrow, next month and next year, with
the same care to detail ;'g very link in the chain
being tested and proven perfect.
The best malt, perfect yeast, choice barley,
selected hops, sparkling Bull Run water and
ample storage capacity to insure age, a com
bination unequaled anywhere in the produc
tion of delicious, health-giving beer.
Weinhard's Is the Beer
of Quality
J
p) THIRD
c ITa and O A IC
so planned as to protect the business
portion of the city. The Chief urged that
cieterns holding at least 100,000 gallons be
established on the various hills through
out the city. Two high-power nreboats
were also recommended for use on the
water front.
ill
9