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About The Plaindealer. (Roseburg, Or.) 1870-190? | View Entire Issue (Nov. 24, 1904)
0-e-o !itari sal ciely PORTi. !:! plmnucalcc Bosclmrg MBW" L BLUaLil ZaaBaHsBBBBBBsW ROSEBURG, DOUGLAS COUNTY, OREGON THURSDAY, NOV. 24, 1904 Vol. XXXVI No. 94 FAMOUS LAND FRAUD CASE IS NOW ON 'f f I til il much hVI we fr ,rt1tude' r M' ; . jjj (Fl I fl 1 1 So uch of bouyty has ,ccrued J T i 11 1 1 i I, u iJtf 111 If W Thmt wrds sm tr,te nd empty jr n f jL ' " jf ;'-Sf T te" sn f thanks that sin' fv yj fv olr fatter God- whoe ioyin l mii 9$K jl From bondaje to this promised land U- Jm fif-S ij s I Vouns,fe to us th,t .mercy s,i" ilj i ? ' TOT on!y for ,he he,Pencd t"re I inlffi 1 :'l y yPy i31 Cmej t0 'css our to"' HF 'v'- IV. Science and her magic spe) poi For Progress and the miracles Of her advance We thank Thee, and for deeper springs Of faith that conquers fate. That will accomplish greater things In years that wait. Cbc president Hnd fits Curhey yTIIEX the president grows S thankful he does it to the LL 1 accompaniment of the fa mous Rhode Island turkey. Rhode Island may be small, but her gobblers are Dot. This is especially true of the particular breed of the Westerly bird reared by "Uncle Hor ace" Vose. Ever since the days of Grant "Uncle Horace" has sent the finest specimen from his flocks to the White House for the president's Thanksgiving dinner. So fine is the quality of the Vose turkey, due to cli mate or feeding or skill in raising or a combination of all these, that it is always accepted with a polite note of thanks and graces the White House table. Grant Hayes. Arthur, Cleve land, Harrison, McKlnley and Roose velt have all partaken of this choice THE PRESIDENT'S Thanksgiving bird. Garfield did not live long enough to celebrate the day in the home of the presidents. It is a testimonial keenly relished by Mr. Vose that fvhlle turkeys are sent to the president from ail over the coun try, the Rhode Island bird is the one most often selected by the chief ms trate as l .it sacrifice to the splrii of the day. Despite the prominence the president receives in connection with the turkey and Thanksgiving day, the day f thanks is a far older institution th: a be George Washington took the cbi r as first president of the United States on April 30, 1789, bat 168 years before that historic day the day of thanks bad its birth. The winter of 1630 was a trying one A SOUTHERNER WOULD Atlanta, Ga., Nov. 21. A suggestion arms, as in 1861-1866, for the South has that the electors of all Southern States been broken, snd as no one wants a vote for Roosevelt and make his elec- solid South against a solid North, I am lion unanimous has been put forward going to make a very radical suggestion, by Julius Brown, son of the late Joseph which 1 know will rsise a storm. M. Brown, Georgia's war Governor, and "It is that now, since everybody con also United States Senstor for years, cedes President Roosevelt to be a good He says Roosevelt has been unjustly at- n an, a strong man, and a man of right tacked on the negro question, about the intentions, our Democratic executive Philippines and as to other public mat- committees request sll of their Demo tere After reviewing the political situs-1 cratic Electors to cast their ballots for tion Mr Brown says- Persident Roosevelt snd thereby mak. "As we cannot fight the North with 1 bis election unanimous. It would show . TO speed Thy kingdom Forever in the van To lead the world In kindliness Of man to man; And grant our mission yet may To bring the day to birth That sees the reign of Liberty In all the earth. for the people of the Massachusetts Bay colony. The ship dispatched to Irehiml had not returned, and It was tielievcd to have been lost. Ground nuts and acorns were the daily bread of the poor. A meal of fish was a feast Women followed the tide to pick up a few clams and mussels to keep their children from rturvinj.'. One of the de voted women has lert a letter saying: "Our last neck of n.c.l is In the oven at hon:e a-taking. rnd many of our godly neif;hlors hav.- s;eiit quite all. We owe one loaf of that little we have" Another declared, "My husband hath traveled as far as Plymouth, near for ty miles, and hath with great toll brought back a little corn with him, and before that is spent the Lord will surely provide." A day of prayer and fasting was pro claimed. Governor Bradford was dis tributing "the last handful of meal In the barrel unto a man distressed by the wolf at the door" when r. shin was spied at the harbor's mouth laden with - TURKEY LIVE WEIGHT, THIRTY-SEVEN POUNDS. nmviRionn and Feh 22 .1621. wss mn3 ( Thanksgiving day. toiumtius aiseovereu America, auu , flovernnr Hrariford mnv he Bald to have discovered the turkey. After be had named a day of thanksgiving four men were sent out into the trackless forests to hunt for game wherewith to grace the tables on Thanksgiving day. Tbey were the best hunters of the entire colony, those four men, and they came back to their fellow cok nlsts triumphant, bringing with them enough game to last the entire little band for a week at least. The success of the first Thanksgiv ing day was then assured. Never was there a stranger list of Invited guests to a state function of such historical significance The "gentlemen" honor- MAKE ROOSEVELT'S may we press d ; r Governor Bradfoci were the fries Uy ludi tm ch.ef laaaaaaest and tarty of hi! bravi-.i. They accepted ttur goveraorti imitation without one lash .i tf to break their record of psMaC unanimity, and when they can.e they can.e "in gnat feather." literally sjrf-ikiug. Iiu'.iaii full dress, far more einlxTate an 1 tasteful than the later "swallowtail" of the bifur catcd pak?f::ec, was the order of the day with Massasoit and bis nlnetv young "society men," the precursors of uue r our nuuunu m lavrm oar uuies. 1 these aboriginal dudes, however, were no enntpnt nrifh hnnnrini. th efil., nlsts" feast with their mere nreaence Thy were thoughtful enough to kill and bring with them to the "white man s dinner five deer, which added pleasantly to the store brought in by the four Nlmrods of the colony itself So, despite all obstacles that had at the Start beafl In the way. when the firs'- Thanksgiving day arrived it found the horn of plenty fairly overflowing for (iovcrno:- Bradford and his equally mmm Kniwi nf trnnrfni nihrrlms. The gathering at that first Thanksgiving dinner must nave been a remaraaoio l, If W Inrtlnna of taa loval and trustworthy Massasoit were vivid in their own gala attire, the qoalntness or ?f"TJtr sureiy ruroisnea a mom. oiKum even dramatic contrast It Is safe to aay that Governor Bradford himself ..rrut H, h roomme seemed to have been ai- ways possible to the grave men who stood In the front of their stanch fol lowers In those days. A "society re port" of that dinner, with a list of costumes worn, would mako mighty Interesting reading tor the people of today. ELECTION UNANIMOUS to the North that the South is not fight- ing it and that it is not the purpose of tne rouin, oroxen as u is, to maie a mere factional opposition, but that we recognize the existing status of affairs, ai er inm id uoue, i ueueve mat lour i .. . . .. .1 vears lrom todav the broken ooutn ana . . . . , . . . . . the North would divide upon new issues An fuiAnnnt nil Ad T rw a ami I hot would have a much better status of af- fairs than by seeking to keep tbe South broken as. protest to the powers The Necessary Twelve Men to Serve Jurors Promptly Secured MARIE WARE AND MRS. WATSON THE CENTER OF ATTRACTION The Defendants Will Place Their Nope Very Largely upon the Statute of Limitations Piikti.aM', Nov. 22. The celebrat- ed land-fraud trials arc on in the I'nited States Court for the District! of Oregon The calm precedes the storm in life and in law, and this was proven when the land conspiracy case of the 1'nited States of America against Kmma I.. Watson. Marie Ware, I. V Tarpley, S. A. Puter, Horace G. Me Kinley, Henry Barr. Frank H. Wolga- mot et al, was called in the United States District Court for its hearing before Judge Charles B. Ilellinger and a jury of 12 men chosen from the different sections of the state THE J TRY. E. A. Griffin, stockman, of Dufur. Washington countv. John Bridges, contractor, For tland, Multnomah. J. L. Howard, stockraiser, Heppner Morrow J. L. Barnhouse. stockraiser, Wheel er. G. H. Newell. Lakeview, lake I iinntv VV""V - A. E. Austin, general merchandise. Woodburn. Marion. A. Blevins, fanner, Alliany, Linn. J. C. Weatherly. fanner, Wallowa county. C. H. I uncan, farmer. Baker county. W. H. I illey, contractor and builder. F-enton countv. I. E. Foster, farmer, Clatsop county Richard Waugh, stockman, Fendle- tin, L'matilla county THE I'R( iSECI'Ti RS John H. Hall. 1'nited States I 'is trictiAttorney Frances J. Heney, San Francisco. special assistant. DEFENDANTS COINSEL. For Horace G. McKinley Thomas O'Day. ror Mane Ware I. A. Hardy and A. C. Woodcock. For S. A. D. Puter L F. Puter.jjf Eureka, Cal. THE PROSRTTION'S GROl'XDS. That a conspiracy to defraud the Government out of public lands ex isted between the defendants; that it is not necessary to prove that they knew each other, or that they all en- . ... . ... tered the conspiracy at the same time; th.;t it suffices to show that - they wore all working toward a pur pose; that if one committed an overt act, all the rest are equally guilty as co-conspirators, and those who be came partners later are presumed to have conspired from the first. CONTENTION OF THE DEFENSE. That the conspiracy must be shown to exist beyond a reasonable doubt, and an agreement must be shown to exist no matter how many overt acts were committed, and that all acts committed as charged in the indict ment were committed more than three years next prior to the filing of the indictment, and that hence there can be no conviction under the law, as the statute of limitations obtains. The evidence must show that an aereement was entered into and all i . tjn . anral tan,v I"" " betore a conspiracy is proven 10 exisi Judge Thomas O'Day addressed the k, explaining the nature of the I proceedings against the defendants judge O'Day said the conspiracy, ac- cording to the indictment, was en- I i t i i i . , , .... i a f. terea into Msrcn zu. rjuz. Aiier- ward there were various overt acts to carry out this alleged conspiracy HEARTS WERE CAUSED TO THROB Many a man's heart gave a jump as Mrs. Watson and Miss Ware en tered the court room this afternoon, and without exception not a man could find it in his conscience to chide his heart for its involuntary .throb, Both women, so well known now in , Oregon and the Northwest, were dressed in the height of fashion. n , . i Uth wara aa hannaAmo Ann we I con- """" "' "-"""" " i ... tamed as though attending an after- D00n tea Mrs. Watson, was attired J m a gray perfect-fitting suit that be- jgjg ner wonderfully, and she looked as not a whit alarmed by the serious na- ture of the charge against her. She entered the room in company with S. A. D. Puter's brother, who is here from California to assist the attorneys for the defense. '.OLDEN HAIRED MARIE WAS HAIV.HTY. Miss Ware, who has been in the city for several days, entered the courtroom with Charles A. Hardy, of Eugene. Miss Ware came in late. and as a result the assembled throng did not notice her entrance at first, The fact that her hair was a beauti ful auburn was enough to tell who he was, and she received her share of admiring looks. She received them however, with an air of haughty dis dain, and took her seat without so much as a look around the courtroom. She was attired all in black, which enhanced the pale beauty of her face, surmounted by the shimmering mass es of her auburn hair. S, A. D. Puter and Horace McKin ley entered court alone and attracted ittle attention and both looked some what worried. Watched by hundreds of eyes in the courtroom and the top ic of greatest interest throughout the entire Northwest, the case goes on. Illl Illlll AGORESSIVE. Jude O'Day has reached a corner stone, and in so doing sounded the keynote of the defense. He sprung the statute of limitations. He de clared that if the conspiracy had been formed and had become opera tive more than three years prior to the filing of the indictment, that no conviction could obtain under the law. The indictment was filed March 17, 1904, and the crime alleged to have been committed March 20, 1901. 'Now," thundered the attorney for the defense, "if the alleged conspira cy was formed more than four days prior to the 17th day of March, 1904 there can be no conviction in this case under the law of limitations. If there was a conspiracy, or if there were any unlawful acts committed in the nature of a conspiracy, they were committed before that date; every act that could be construed to be a conspiracy was done before then, and there can be no conviction until r the law." Judge O'Day declared that if there had been done unlawful acts, they must be presumed to have been inno cently done, and that there was noth ing criminal about them. POINTED FINGER AT GALLOWAY. If these characters were fictitious, said he, then all the officials who ever had anything to do with the land of fices at the time must be scoundrels, Leveling his finger at Judge Galloway who sat on the bench with Judge Bellinger, he declared Judge Gallo way must be a scoundrel and he must, under the assumptions raised by the prosecution, say the same of Charles Moore, who had also been an official at the Oregon City land office. As far as the prosecution proving by people who had been over the land that the defendants had never resid ed on it, Judge O'Day declared the court would hold that it does not even raise a presumption. PROSECUTION FIRM. The contention is ridiculed by the government's attorneys, who insist that as the conspiracy was not fully consummated until some two years ago, every step in the chain of fraud may be proven. MR. HERMANN WILL TESTIFY. Congressman Binger Hermann wil testify in the land fraud cases. Just what the nature of the testimony will be is not made known, but it is supposed that he will appear in behalf of the government and testify regarding the issuance of patents on Oregon entries while he was commissioner of the General Land Office EHOLD a tall y man of the blond type, smooth kSCM i and somewhat boyish in a. pen ranee, except for certain tines of care discernible in bis counte nance Behold also a girl with hazel eyes and red brown hair. Tbey are standing beside a table in a room which the experienced observer will Instantly recognise as the parlor of a small flat In a big city. The young man has cleared a space on the table and has dropped several books on the door. He la unrolling some large sheets of paper which bear architectural drawings. "Constance," he says, "this means everything to us. It means so much indeed that I didn't dare tell you about it I wouldn't tell you now if I could help It, because If anything goes wrong you will be so disappointed." "You should have no secrets from me" said she. "When you have taken me for bet ter or worse I won't" he responded, "but white we're only engaged It is not my duty to make you unhappy. Cheer up. The time k coming when you will have a right to know the worst It Is coming mighty soon. If old Eliot Robinson accepts these plans and If you yourself continue to view the bum blest of your slaves with that favor which has slready exalted him Im measurably above his deserts. In short, beloved est. we can afford to get married, whereas at present we can not even afford to be single. At least I can't But If I can get this Job to do for Eliot Robinson, who 1 not only s human pocketbook of conspicuous fatness, but a society bellwether as well, my bark will be upon the tide which taken at Its flood leads on tc fortune, as Mr. Shakespeare says. Anj A UAD UPON UNDKUHIU Job. big or tittle, that to done for hlrr will bring clients." Phe graciously permitted the ham blest of her slaves to kiss her hand. How did you bear of thlsr she In- I used to know Eliot Robinson, Jr., re both were residents of s lit tle democracy in tbe midst of this vast plutocracy In brief, when we were In college. I've met him occasionally at oar college dub. and about three s ngo be told me what bis father was going to do, and so I drew some plans upon a chance. E. Robinson. Jr.. Inspected them at my office, liked them and told his father about them. Rob inwon aeoior is at uu rauuuj i""" laid on with what his son calls s 'charley horse.' Robinson junior prom lead to take ma out there next week. but Instead I received a letter today from the oM gentleman himself asking me to coma tomorrow. His selection of Thanksgiving day for this purpose Is somewhat unusual, but wil be emi nently appropriate if he accepts the plana If he doesn't no mere proclama tion by the president can make it a day of thnnksglving for me. And at the bast I shall have missed dining with yoar mother and you." Tbe young architect awoke next morning with the Impression that he huA failed to hear the gong or tils alarm clock. A glance, however, reas sured him. Tbe bands upon tbe dial Indicated that he had anticipated the summons by sixty seconds. It was twenty-nine minutes past 7. He began to prepare for bis bath in a leisurely manner. There was plenty of time. The train which he moat take left at 9. Ha fell to wondering what chance be bad to win with hto drawings and whether others would compete. He saw a competitor In every architect whose name he could remember. He per ceived that it was absurd for him to cherish any hope. For a structure sub sidiary to Mr. Robluson's country house and necessarily harmonious tn style ilr. Robinson would undoubtedly consult the architect of tbe larger bond ing. He trembled at this notion for al most a minute before he remembered having disposed of It weeks before by discovering that the man was dead. By this time Underhlll was wide awake. Fanciful terrors vanished, and a real one attacked him suddenly AN IRATE PARENT IS Poktlaso, Nov. 22. J. Wesley Mc Ganu in d his bride, formerly Miss Eunice Downing, whose short honey moon was broken by their oeing mrow a mt i the City Jail lsst night, on the com plaint of the father of the bride, who charges the couple with unlawful co habitation, were released before Judge Hogue in the Police Court this morning on the ground that the crime charged could not have been committed bv the couple because they are man and wife. 8 HBb I R . ssMfr y Wp pharply. Why did not the alarm ring? He rushed from his bath into his bed room. The hands of the clock had not moved. He had forgotten to wind It before going to bed, and it had run down. His watch revealed the appall ing fact that be had only half an hour to reach the railroad station, twenty blocks away This meant no break fast, and, in fact, it came near mean ing no train, for a wagon broke down abend of the trolley car In which Un derbill was riding, and be was forced to make the latter part of the way afoot. It was a hot race, not only against time, but azslnst a human oomDetitor. This was a somewhat effeminate young j man wnom inaern'.u naa notea on roe l car because be consulted s railroad ' time table with visible anxiety and j because he carried a thin portfolio j wnicn looxea as ir it migni contain architectural drawings. Obviously this man was trying to catch the 0 o'clock train, and when he consulted the time table be seemed to have his eye on Chesterton, the station where tbe sumptuous equipages of Eliot Robin son meet that gentleman's guests from the city. When tbe car's coarse was checked by the broken wagon the two - S A KM KKSTKAlNED UliL WDCn rnderniH started to trr his lnck afoot the other nredDl- , . . iw th4 h.d TOM ! . K, . . h - mnA Dnshl to , fMter and fast. er pace. An Insane desire to win the race took possession of Underbill's mind. It seen ed to him as if the fate of his en terprise depended upon s victory. He was contesting for a great prise. The words which be had spoken to Con- stance on the previous evening rang to U13 cilia, 11 uirauo ct.j i uuir hi w. There is a side entrance from tbe street directly to the train abed, but no one Is allowed to go in that way un- i i. ,- t-rt Underhill had an unused portion of a mileage book which would take him through. Had the other fellow anything? Did he know the rale? If not he would be beaten, for he could never get around from tbe side door to tbe ticket office and back to the train shed in time. Probably he would waste precious mo ments to vain dispute with the manj on guard, and a very tittle of this fol- !y would certainly be enough to wreck his hope of catching the train, Underhlll chuckled at the thought, and he directed his course toward the side entrance. The other man follow ed. It was obvious that he guessed that Underbill was running for the 0 o'clock train and knew a short cat to gain time. At tbe last moment the stranger msde a great spurt and reached the side entrance ahead of Underbill. Ticket, please," said the warder, barring the way with an iron arm. "I haven't any ticket." pouted the applicant Til buy one inside." "Cant pass in this way without a ticket" said tbe guard tn a voice ap propriate to tbe utterance of a decree of fate. "But my dear sir. tt to very Impor tant that" "Nothln' doln'," said Cerberus and turned his back. Underbill by this time was fum bling for Ms mileage book and begin ning to grow faint with tbe fear that he had not brought it Hto fingers touched it at last He thrust It under tbe nose of the warder, who said. "Pass in." A hand upon UndorhlU's arm re- ROUTED BY CUPID THE Judge Hogue, in passing senteace, said that if any crime had been committed it was against the laws of Washington, where the wedding took place last Sat urday afternoon, and not in Oregon. Tbe two voung people were married, he said, and had a right to live together, no mat ter what their ages. Mr. Downing, the stern and irate par ent, was not in attendance at the trial, nor could he be found. It was said he had gone to Vancouver, Wash., to start strained him, and a voice of singular ly agreeable quality besought him for attention: "If you would be so very kind aa to let me pass through on your book yoo would do me the greatest possible fa vor. I have an important engagement at the country boose of Mr. Eliot Robinson, and there la no other train until afternoon.' Underbill looked into the stranger's mild brown eyes, which wese pathetic ss s dog's, and suddenly ha seemed to see himself in the other's place, de frauded of his chance by a bit of trick ery. Surely be would have head It most unfair that be should be barred from competition in this way. Doubt less this man was straggling worthily to get a start In his profession. "Certainly.'' said he And the two passed in together. "I am Harold Archer," said the young man, "and from thta al your bumble and obadtiat servant. Too have palled me oat of a loin diffi culty. Mr. Robinson has asked me most urgently to go out to his place to day, and he Is a man whom I should e most unwilnng to disoblige. Tour destination and mine asa the same." said Underbill "and oar er rands also. I fancy. "Quite so," responded Arches. "Too are Mr Underbill" Underbill bowed is assent and ha scanned his rival warily. Aside from an attractive personal appearance Mr. Archer was conspicuous chiefly tor the serene confidence which visibly ra diated from him. Hare waa a man ac customed to sacceas, one of those easy winners who are spared the pain of anxiety. A sudden hostility flamed in Underbill's breast. He regretted hav ing passed Archer through tbe gate. This fellow could afford to loss, and he himself eooid not "Matter of tbe aew keaawtn, I onp-pose-" said he curtly. ' Archer nodded and smOed. "My excellent friend, Mr. Robtnaoa. ; intends to erect a very pretentions i structure," said be. "I am honored by hto desire fur my services." So this fellow regarded It as all over, i Underbill shot hto mouth firmly and from that moment refused to be drawn into any discussion at architecture 4- ther general or specific. Archer. b j deed, seemed perfectly weQ pteasfd to , speak of other themes. He convened j fluently upon topics of the day. Ha showed vivacity. Interest, even wit now and then. Ha so much ab sorbed tn bis own easy slaaasncn that he neglected to raise any protest when the conductor took two fares out of Underbill's mileage book. Eliot Robinson. Jr, waa waiting for them in an enormous anxomobOe laden with expensive furs. He lasUy gave a hand to each of the travelers, bat ad dressed himself to Underbill alone. "Hello." said be, "Toure looking a little oat of sorts. What's the mat ter r "I haven't bad any breakfast,' an swered Underbill gloomily. "Well. well, m fix that Got yoar drawings?" be added and took: them out of Underbill's hand. "Pretty good, eh. Archer?" Archer examined the draw tags with critical attention, making tbe most flattering comments and ending by pro nouncing tbe work "admirable, ad mirable, atr. No better design be desired," Underbill and HrtM"" were for a moment at the door, for bad skipped nimbly into the boose, "Who Is that monument of braasT demanded the aubltect in a low vole. "Dont say a word," responded Rob inson. "This to yoar tacky day. You've got Archer solid. Pay anything for him? Only hto fare? WaD, thafs cheap Archer to one of those artistic bunko cteerers who come of good fanv Uvlng by being to xiss invited oat to dinner. He's the man who tells the governor and-tbe mater what they ought to thinkwaboot art His opinion on these plana wtU be InaL That's what he's here for. My friend, your tittle affair to satisfac torily settled. Give yourself no far ther uneasiness." Underbill leaned weakly against a pillar of the veranda, and the tears ?uuie into his eyes as he thought or the good nens that be would take back to Constance. Robinson viewed him with Interest and comprehension. "And it's all about a dog boose that this man Is going to build for my fa ther," said be to himself. "A queer world, by Jingo! In some minor par ticulars the blasted thing needs fixing." HONEYMOON IN JAIL action against the two men who had acted as witnesses at 'he time his daugh ter and Mctiann were given a marriage license. The charge against those men, G. B. Hays and C. 8. Irwin, if pushed, woald be perjury. He declares hto daughter is only 16 years old. She said this morning that she was born in 1887. When tbe two were dismissed tbey walked from the courtroom hand in hand, and with broad smiles on their faces. They were apparently happy raMrrax m annawLawr or naa sulvbb aaa Him.