-"".toncilSocly
PORT,. (TO
THE TWICE-A-WEEK
Roseburg, Jregon
Roseburg PUlndealer
The moat widely read newtpaper pnblinhed In
Hoathera Oregon and conaequtntly toe aarr ad rer-
llaioK medlara. '.aw. modrrnly eqalpped Job
printing department in connection. Eatabliabed
lu Infix. Bubecriptlon, ti per year for rieml-Weekly.
I'opulat
Tr-i-r-ounty Vat of BSJSSSBl
IklUDlT. I Mi m
r Home: t' B. Lund OMoc
and I". 3. W Mtr Huixmu n' loc-mii d beaa B P
Gateway U lb OOOS Hay aDd I ogiiille
ountrv.
,
Vol. XX'XVII
ROSEBURG, DOUGLAS COUNTY, OREGON, THURSDAY, APRIL 20, 1905.
No 32
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ABATEMENT PLEA IS ARGUED
AND SUBMITTED TO COURT
Decision of Judge Bellinger to be Rendered Next
Monday Judge Bennett Submitted a
Convincing Argument
Portland, Ayiril 19. Heney's argument Monday was
in effect that abatement pleas should not be contended for
under the Oregon statute and he finther submitted affi
davits whereby, he contended that Juror Gnistin was a
legal juror and that Heney is a legal prosecutor.
The second day of argument -.u the Mitchell abate
ment proceedings has been ended and the question has
gone to Judge Bellinger for his decision, which will be an
nounced upon the opening of court on Monday next.
At the opening of the morning session United States
District Attorney Heney asked permission to introduce
citations which he had overlooked the day before in sup-
t of h b contention that the pleas in abatement had been
filed tco late to be of effect. The permission was given,
ai d he cited the Cobban case, by Judge Deady, and the
Agnevs case in 165 United States' to maintain his point.
Attorney Bennett in beginning his ar
gument, like O'Day in the l'uter-Wats.m
case, prefaced hid remarks by a quota
tion , and interspersed them with sar-
e&av
"Consistency, thou art a jewvl.'' be
Stat! at first breath. "The other da
Mr. Heney objected to the tiling of thes;
pleia in abatement on the ground thit
they had been filed to late, ami now ln
fore the words are hardly cold in his
mouth he is objecting becau-e we did
fire them before we were arraigned "
he speaker then proceeded to arnue
hi aide of the plea of aba'eni-nt. and
re opied the whole of the loraaoew i:
i cussing the questions at issue. He
i eiated that Mr. Heney had failed to
' rbduce the promise 1 statutes povernine
the procedure ra Feieral court? in : lie
matter of pleas in abatement, especially
as regarded thj offering of arlil.iv.ts, :e
was done the lay previous by the Go
ere meat attorney in regard to tbe t-iti-zenshipof
ierge ti'iistin and the pre
judice of hi i.st-lf towards the defen 1
airt. Boni e insisted that since a great
pl of !h- ! settlers pi the state had
eojne fro ii ti-souri their deeend wits
wire bred ( ' heir disposition and would
like to be 'n mm, rather than to take
tht" word of anyone for a thine so seri-oiv--
in effec a the prxxiut ti-jn or nnti
ptyducliou oi the statutes desired.
Senator .Mitchell's attorney argued
tht the common law and not the
statutes of a iate governed the selection
ofja jrfsyiM? Federal courts. The corn
men taw reoguized the plea of abate
nt Its't'ie proper means of testing the
ie lify"bf a grand jury and upon this
la t-tjie .defense based in part its claim.
The manner in which the jury was im
puseled was one of tbe most serious
tlrinfcs iir the case," contended Bennett.
'3 hejflrsCtwo men were ex'-used an I
erajsew put in- their p.laces contrary
tu l statutes. Then another man was
nd.'e which shows the body to have
r 8-eirimnr and variable one It
i- Seme, therefore, that if we are entitle !
1 6 tfiaT on" the validity of jurors the de
lay she aid be taken.'
Ii Behalf of Mitchell.
j'-jltaeaee," continued Bennet, "is a
t$cr;n:cal one. and involves no direct
i-karse of moral turpitude, other than
that Senator Mitchell might have un
kpoyingly taken money as a member of
affirm f r services done by that firm
SPRAYS, SULPHUR,
LIME,
BLUE VITRUL
AND
CAUSTIC SODA
OF THE BEST QUALITIES
SOLD
MARSTERS'
DRUG STORE
which awe not according to the Federal
hiv coveruing irtemK-rs of the Senate.
Iu those M her cases we have waived all
rights of ilemarrer. eveu though e
t'lotittht we could overturn the indict
ments, and are ready and willing and
waiting to co to trial. If of all these
ea:-es t is present one is the onlv one in
which tbe Government is ready to trv,
hen it BraaW seem that the mountain
has Whore I and come to the mouse."
"1 deny 'hit Mr. Heney wasa de facto
i ffiier or that he was rightfully one. A
man con not !e a clerk or an officer mi
le's he m Ie-5 in the district. The law
was pi-j d iv. the '.alter part of Grant's
,tdiiaijrtian when men from New
York we:. t to the South to accept liov
arsaaeal taScea with their carpet bags in
theii h nd- and their trunks in their
hotels, who 1 eld ollice until the term
expire I a A then left aeaiu ior their
formei h 'me. Thi- was recognireti as
u:ij ist . a.i-l prohibitel by law. at. 1 it
has been loajg since the law was
violate I !..it its existence hal tieen for
gottcu nt il this case brought it before
the pe. j.;e aj tin. I do not think that
President lio.,sevelt would nave appoint
ed Mr. Heney if he had known that he
was breaking the law. I do not know
how Mr. Heney holds his office."
Court Appointed Braty.
''I api-ointed Mr. Heney," interrupted
Judge Ri lliaa.lt "I had reason to be
lieve that the Administration deired
him to he appointed, and. therefore, I
appointe 1 him.
"We . I didn't know ," cont nuei Ben
nAt, ' b :t it is right that the man who
is Diatrid Attorney should te a retident
of the dis'rict, familiar with its condi
tions, bound bv its customs, surrounded
arid tempered by the opinions of his fellow-men.
Tlds is one of the great safe
guard. otherwise, some one miiiht come
from California or New York and by his
desire for notoriety, or to eet his name
and picture in the papers, cause to 1
indicted men bv the titties and the hun
dreds to gr.itily this desire. And inT
fluenced by this desire he might indict
those whose greatest crime had been
their long service for the good of the
state, while he allowed thugs and thieves
by practice aod profession, to go free
and nnwbipt of justice.
"We are ready to verify our conten
tion that Mr. Heney went before tbe
grand jury and by his influence pre
judiced the jury against a defendant.
. We ask that this be granted us."
AT
OF INTEREST TO
EXPOSITION VISITORS
Rates For Rooms and How to Se
cure Quarters in Portland
With Little Trouble.
It is very desirable that all visitors to
the Lew is and Clark Exposition at Port
land should arrange for their sleeping
rooms la advance. The Southern Paci
fic company has arranged with the
Portland Service Company to place their
tickets in the hands of all S. P. local
railroad agents.
L. B. Moore, the Roseburg station
agent, has a supply of these tickets on
hand which are sold for one dollar and
which entitles the holder to the services
of the Portland Service Co. in securing
the kindoi room desired by the intended
visitor, who is required to state the
kind of quarters wanted.
I'pon arriving in Portland a holder of
one of these tickets is met at the depot
by a yellow-capped messenger of the
I'ortland Service Co., and escorted to
the room engaged. In case of failure to
secure satisfactory quarters no charge
for .he service is made.
Bates Far Boons
The Portland Service Co , "has under
contract in the residence districts in the
be-t neigh horhoods of the city 5000
l ma in various private families, board
iug houses, etc.. also 15 hotels. In pri
vate I ouses the rooms vary in prices
from b to 'J5 per wiek, and in hotels
per day and up for each person. A
man and his wife will therefore U- re
quired to pay doable the price quoted
above.
All those contemplating going to the
Fxpoeitioa w ho have not already secured
ai l- mmodatioBM should consult, L. B
Moore, B. P. agent, Roseburg, Oregon.
NAME LOW RATES
FOR EXPOSITION
For funis time the question ;n the
mind-' of Oregon people has lieen "what
kind of rates will the railroads of Ore
gon make so that we may all !e able to
visit the fair."
A. L. Craig, general passenger agent
of the O. K. A N. and W. E. Coman of
-. P have been busy for sometime
investigating the matter, finding oat
win:- rate would be satisfactory to the
public and at the same time not hamper
traffic interests and they have reached
the following conclusion :
According to the schedule the rates
will be in effect from May 2J to October
IS, aud will grant in general and at ail
times a round trip fare of one and a
third from any point and return, with a
full time limit of 30 days.
Other special- provisions have been
made, however. Parties often or more
persons traveling together tinder a time
limit of ten daya may visit the fair from
at y point in the territory for one fare,
while parties of 100 dr mote will be giv
en one-fare rates, with individual ticket
and a return limit of ten days.
Coach excursions will be ran in addi
tion to the rates quoted, as often as tbe
traffic will warrant, the rates for which
will be lower tliaa. a:.-ooelaxe aajr.
These tickets will -bo good ior seven ctays
from date of sale,. bfc mA entitle to
nothing more than day coach.pavUeges.
INDIAN WIFE OF AN
OREGON GOVERNOR
Mrs. Klixa tiaie, widow of Joseph
(iale one of the.flrwt prowsisaml govern
ors of Oregon, who died recently was
laid to rest at Weston temetery, says
the Fast Oregonian, She H 85 years
of age and had been til bat a month.
Since the death of her illustrious bus
hand in Kagle vaTey "in 1872,' Mrs ttale
has lived with her daughter, Mrs. Ed
win Simpson",' who 'with her husband
moved to the Wild, ldorse creek, near
Athena in 1875. ..
Mr-. Gale was a niece of .the famous
Walla Walla chief, Piopio-mox niox,
and leaves but two children, Mrs, La
creta Simpson, wrth'wrroih"-he has re
sided for 32 years, and Mrs. Eila Page,
o' Seattle.
When Oregon w as organized us a ter
ritory in 1848, Joseph Gale, her hus
band, was one of the three commission
ers, or provisional ffbverndrs, appointed
to establish the territorial organization
and start the wheels of organized gov
ernment to rolling. iwi! '
,1 ie also built the first sailing vessel
ever built on tbe Pacific (roast, "The
! Star of Oregon," with which he made
! the trip from Portland to San Francisco,
standing at the helm for three days in a
rough sea. He is bnrierPin Kagld valley,
Baker county, and a monument will be
erected over his resting ' place ly tbe
j state, it Is thonght. An -effort has been
made to secure an appropriation for this
J purpose and private citizens are also in
terested in the project. '
FLEET MAY STAY
IN KAMRANH BAY
y a?
Tokio, April 19. From information
received here it is believed that the
Russian squadron purposes staying at
Kamranh Bay until May, Rojeatveoskv
meanwhile sending out bis cruisers to
overhaul merchantmen proceeding along
the trade route to the straits of Formosa
Transports accompanying the Russian
equadron are reported to be plying be
tween Kamranh Bay and Saigon nnder
the m.-ri haul's Hag of Russia. J
THE PLAINDEALER MOVES
INTO ITS NEW QUARTERS
Modern Brick Building on Roseburg's
Business Street, Centrally Located
NEW BABCOCK STANDARD PRESS
WITH DEXTER PAPER FOLDER
New Cases. New Type and Modern Equipment
Throughout Fine Book and Job
Printing Department
Thi will be the last number of the
Plaindealer issued from its old quar
ters on the corner of Main and ak
streets, a building which is still num
bered among the few old land marks
of the city of Roseburg. When the
paper and plant was purchased by
the present management about five
years ago the old building was com
pletely overhauled and renovated, but
its antique design and appearance
was not altered. The Plaindealer was
established in Roseburg in 1868 and
during its varied career extending
through all of these years it has been
published in the same quarters which
have at last been deserted that the
paper may keep up with the march of
progress by securing more central,
commodious and convenient quarters.
At the same time the plant, which
is already one of the most complete
in Southern I regon, will be modern
ized in even department, among the
new additions being a Babcock Stand- I
ard book, job and newspaper press
with a Pexter paper folder attach
ment: Autocrat case stands, new
cases, brass rules and several fonts
of new job type, which provides the
Plaindealer with by far the most
complete and up-to-date newspaper
and job printing plant in Southern
Oregon.
The Semi-Weekly Plaindealer, which
today is a leader in its class of I 're
gon newspapers, will be able to give
its readers, advertisers and other pa
THE NEW NATIONAL BIRD.
PRESIDENT ROOSEVELT
KILLS BEAR AND BOBCAT
Glenwood Spring, Colo.,
velt has killed a bear and bobcat. He is satisfied with the
hunt for the biggest game the Rockies afford. If he gets
one more bear, or several, he will be better pleased, but to
quote his own words, "I got what I was after. It was bully
sport and I hope it keeps up.''
First Stlrriag ii Noraln$
According to Chapman, the President
is taking tbe true sportsman's delight in
the rough life of the camp. He is one of
the first to be stirring in the morning
and always the first to sit down to
breakfast. The fare seems to suit him,
although he has said several times he
would be as well pleased if it were leas
pretentious. His idea of camp life is
one kind of meat at each meal, and that
fried ; vegetables of the canned variety,
coffee made over an open fire and the
smell of smoke in everything that is
cooked.
The big white horse which the Presi
dent rode out of Newcastle on Ralurda y
is his tavorite of tbe three that were
taken along for his personal use. It is
not fast, bat it is strong, and the trail is
never so stony but the President and his
trons even better services in its new
building and with its greatly improved
facilities. The publication of a daily
edition is now receiving the serious
consideration of its management.
Never in its history has the paper
enjoyed a more liberal patronage
than at the present time. New sub
scribers are being added to its sub
scription list almost daily and old
subscriliers are renewing their sub
scriptions promptly, which indicates
that the Plaindealer. although parti
san, being the official republican pa
per of Iiouglas c .unty, through its
brocd. liberal and aggressive policy,
and its loyalty to home and all worthy
home institutions, is winning the con
fidence and esteem of the public with
in the bounds of its territory. It pub
lishes all of the news, that is fit to
print, while it is news, and covers the
local, county, state and general news
field in a brief and concise manner,
in fact, it is our aim to give Roseburg
and I'ouglas county an ideal local
paper and how well we are succeed
ing and may continue to succeed we
submit to the verdict of the many
natrons and friends of the paper. We
extend a cordial invitation to
our readers when in Roseburg
to visit the Plain dealer in
its new home, and in conclusion
wish to thank the many old patrons
of the paper for their literal pa
tronag ich we hope to continue
to rece... nd fully merit.
-New York World.
April 18. Prosidcut Roose
steed cover
it if anv horse can get
through.
Big Jake Borah, known as the most
intrepid bear hunter in the Rockies and
the man who will take the most desper
ate- chances on a ride after the dogs, ad
mits that even the mountain guide of
many years' experience has many things
to learn about riding. He says be can
teach the President nothing.
One expression which a hardy moun
taineer injected into bis story was :
"Say, fellows, he's a beaut and no
mistake. The way he scents game
would make you think he was born in
tbe mountains and had never left them.
Say now, being President don't make
any difference with a man that's got the
real stuff in him. Goff said he was the
real thimr ami did not need showing.
but I didn't believe it."
i
the new county
l-KUII IMPtllOK LAW
Provisions of the Act Passed at
the Last Session of the
Oregon Legislature
Tbe fallowing is th lext of a new law
passed at the recenl saavfoai of the legis
lature of special intere- to the fruit
growers.
Section I. That upon a petition of
not less than twenty-five residents and
fruit growers of any county in the state,
the county court of said county shall
appoint a county inspector whose duty
it shall be to inspect the apple and oili
er fruit orchards of said county and to
enforce the laws now in force and that
may be hereafter in force in this state
applicable to the fruit indu-try and to
the growing and handling and selling of
fruit trees and other nursery stock.
Provided, that the inspector so to be
appointed shall lie recommended and
certified to be competent for such posi
tion by the state district commissioner
of the board of horticulture of the said
county, and the said county insp-ctor
shall hold his office during the pleasure
of said county court.
Section -'. It shall he the July of the
state district commissioner to instruct
and educate tbe county inspectors as to
the laws and quarantine regulations of
this state and the rules and regulations
of tbe state boatd of horticulture. The
county inspector shall perform bis duties
under the general supervision of the
state district commissioner of said county
to whom he shall make reports in the
manner prescribed by the state board of
horticulture.
Section 3 Sorb county inspector shall
ie paid for his service, by the said coun
ty, a sum not exceeding three dollars
l-r day and pay his own personal ex
pentes, for each and every day actually
an p ived in tt.e performance of his du
ties as herein provided and the said
county inspector shall report month y to
said district commissioner, the time for
which to pay during the month preced
ing and the said district commissioner
shall certify tbe same to the county
court tief.ire such compensation shall be
paid to said county inspector.
Section 4 If any county for any rea
son fails to appoint a county inspector
as herein provided, then the inspector
of an adjacent county may perform such
services and the necessary expenses in
curred in the performance of bis duty
shall be charged nr against the county
w here tbe service was performed if
he had been appointed by tbe county
court of suoh county.
Section 5. The state district commis
sioner of horticulture shall hear and
promptly decide all appeals from the
county in-pec tors in his district and his
derision shall have full force and effect
until set aside by the courts of the state.
All appeals from the county inspectors
to the district commissioners shall be
under the form and regulations as pre
scribed by tbe state board of horticul
ture LEGAL TALENT
IN LAND CASES
Bennett ifc Wilson of The Dalles are
attorneys for Mitchell aud Williamson,
while IVjlph. Mallory. Simon A (iearin
appear for Hermann; A. C. Woodcock j
and Lew Iarp'ev are alius ate IS for J. H.
Booth and Frank K. Alley J Dan K. Mur
phy, for Henry Meldruni : Thomas O.
D .y, for l harles Nickell and B. B. Hus
ton for W. N. Jones.
Here is an array of the state's best le
gal talent that is to be supplemented
by J hu M. Thurston of Nebrat-ka, one
of t he ablest counsel iors in the 1'nited
Stales. If the cases ever come to trial
it will be a battle royal, full of forensic
power and leiral acumen.
Coafrtssaua lermaaa's Plea.
Portland, April 17. Congressman
Binger Hermann was arragined this
morning in tbe federal district court
on the land Iraud indictments. He
entered a plea in abatement and de
murrers. Thaddeus Potter, W. N.
Jones, former 1". S. District Attorney,
John Hall and other defendants were
also arraigned, entered abatement pleas
and demurrers.
VOTED TWICE AT
CITY ELECTION
Cottage Grove, April 17 George
Stidham, an employe of a restaurant in
Cottage Grove, was given an examina
tion before Justice of the Peace Vaughan
Saturday afternoon, charged with illegal
voting at the municipal "election here
on April 3rd.
He was bound over to appear for trial
in the circuit court. It is charged that
Stidham voted in one ward, then went
over to another ward and voted there.
The penalty is a tine of from $100 to
500 or imprisonment in the county
jail from three months to one year.
Deputy Prosecuting Attorney J. M.
Williams of Kugone, appeared as nun
sel for the state at the examination.
COACHMAN WINS
A REAL PRIZE
Pittsburg, April It has just be
come public that Miss Nannie Carne
gie, youngest daughter of Mrs. Thom
as Carnegie, was married a year ago to
James Hever, formerly her mother's
coachman. The coupie have just re
turned from abroad with a baby
daughter. The young lady is a neice of
Andrew Carnegie.
NEAL McBETH HELD ON
CHARGE
He Waived Examination and is Held in the Sum
of One Thousand Dollars to Appear in
the Circuit Court Is in Jail
Monday's Plaindealer contained a detailed account
of the burning of the homes and barns of Chas. and John
Thomontht;ir ranches near Cleveland, Douglas county,
late last week and the arrest of Neal McBeth near Mill
wood Sunday upon suspicion of being the incendiar-.
McBeth waived preliminary examination when arraigned
before Justice John Long, of Roseburg, Tuesday morning,
and was bound over in the sum of $1000 for trial at the
next term of circuit court. Being unable to furnish bail
he will languish in jail awaiting his trial.
McBeth served two years in the Ore
gon penitentiary for an offense commit
ted at Cleveland several years ago.
McBeth has been employed of late by
W. K. Vinson, of Coles Valley, a neigh
boring community of Cleveland. In the
evening immediately prior to the morn
ing on which the two bouses and barns
were burned, Mr. Vinson says that Mc
Beth was intoxicated He was locked
up in the granary at the Vinson place
about 11 :30 o'clock, bat daring the
night". Mclieth gained his freedom by
crawling through an aperature in the
building which he made by tearing a
board loose from i's fastenings. Mr.
Vinson says he heard McBeth come to
the front door of his house between two .
and tliree 0, lock in the morning and,
then waik awav. That the person was
A NEW FANGLED
INSURANCE COMPANY
An Fastern ' birth insurance" com
pany has appliel for a license to trans
act business in this state, bat Secretary
of State Dunbar is unable to find any
law governing that class of eompaniea
and has passed the matter on to the
attorney general.
There is a state law governing life,
acudent. ore, marine, plate glass and
surety companies, bnt a birth insurance
comes in none of iheee classes. The
plan of the company is to charge a
specified premium per month and pay
a specified sum to the mother upon tbe
birth of a child. Ii iher e is no law gov
erning such concerns, they can doubt
less transact business without comply
ing with the laws requiring the depoeite
of bonds and the payment of a tax.
Probate Orders.
May Is. 190,. at M o'clock a. ni , fixe
as day and time for settlement of final
account, of Green, admr.. ol estato of
Koea B. Green, deceased.
Sale of real property of estate oi S.
Mark; A Co., by the admr.. H. Wollen
berg. to Clara A. Seylor, for 11450, con
firmed, said property being ne1-, of esc
17, tp 2 s, r 7 west.
FULLERTON &
REGISTERED
WE point with priae to the fact that we main
tain a fine stock of the Highest Quality
Drugs.
Quality in Drugs is a very important matter
to you. You may be blessed with perfect health to
day, but tomorrow may bring sickness to you or some
one dear to you.
Now, we offer a friendly suggestion. Make
this your Drug Store Now, so when you need Drugs
that You and your Doctor Can Rely On, it will be
easy for you to find
THE DRUG STORE OF QUALITY
NEAR THE DEPOT
ROSEBURG, - - - OREGON
jmWmwJ WmmiSMSmmJmmTmmmmWmmmWmmmmMmmTml
DOUGLAS
sMsaV4V"saHaSsaBaSaHaBBsB
COUNTY
BANK
OF INCENDIARISM
McBeth ie evidenced to Mr. Vinson, ac
cording to his story, by tracks seen at
daylight leading from the house to tha
stock I arn on tbe Vinson place, froaa
whence McBeth made his appearance
sometime in tbe afternoon. Mr. Vinaoa
denies that McBeth purchased any pro
visions or made any preparations to go
to the mountains as reported regarding
the suspected incendiarr from Cleve
land. McBeth has secured the service of W.
W. Cardwell, of Rose burg, one of South
ern Oregon's leading criminal lawyers,
to defend him. So definite motive for
the malicious ir.cendiary has yet beea
advanced other than the satisfaction of
a personal grudge held by the guilty
party.
TO ESTABLISH CRATER
LAKE POSTOFFICE
It U not improbable that visitors to
Crater Lake this season may be able to
! rece-'ve their mail at a regulariv estab-
Uabxd poetrffice at fat famous resort,
j Application has been made to the post
! office department for ti.e establishment
'of an office at "Crater Lake, 17 miles
j northwest of Fort Klamath" and baa
j been strongly recommended and the de
' parfment i? cot ersjed in rHr;? Ke
i usual invest igal.o:.s awSiaaija to
i granting the applies.) n Emma A rant
is named in the applies lion as a suita
ble person for appointment as the first
custodian of the mails at the new post
office which if it is establish, as asked
for will be served with mail from Fort
Klamath.
Fridav and Saturday at Stanley's.
The Roseburg purchasing public
should ri A fail to visit Stanley's, one
door south of the post office, on Friday
and Saturday of this week. As the
i trm .i offering extra special induee
i meats for these two days, clothing
prices are cut to less than half, and
j shoes are selling for a third off the
I regular retail prices. Their general line
of gent's iarnishings is being retailed at
j much lees than regular wholesale cost of
the goods.
RICHARDSON
DRUGGISTS
K&tabli.j. lsg3
IaearporaMd lsei
Capital Stock
$5o,ooo
r v hksson. a . c. MAJWTUU
President, Vies PraaMaaL
J. hksry BOOTH, Cashier.
BOARD OP MSBCTOK3
r TV. B KM SON. R. A. BOOTH J. H. BOOTH.
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