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T1JJ3 DAILY COOS BAY TIMES, MAHSHFIELD, OREGON, TUESDAY, MAY 7, 1007.
r , '
IN THE BOISE CASE
Lawyers Discuss a Bill of Particulars
Mrs. Haywood Is There to Attend
Boise, Idaho, May C. Judge
Wood will on 'Wednesday decide
IT on the eve of his trial William
Haywood is entitled to receive at the
hands of the state a bill of particu
lars, specifying over the counts
charged against him. The motion of
the defense for this disclosure was
argued today, and the court an
nounced that It would make a de
cision at the time stated. The pris
oner, under guard of Sheriff Hodgin
and his two deputies, was brought
into court for the argument of his
counsel. Both Frank Richardson and
Clarence S. Darrow pleaded In his
behalf. Senator Borah alone spoke
in behalf of the state. The argu
ment, always earnest, was character
ized at times by great feeling and
Richardson, who opened the argu
ment, contended that tho indictment
was lacking in particularity; that It
left the defendants in the dark as to
the nature of the case to bo presented
against them, and that the defend
ants were entitled to a more specific
showing of the case. He submitted
an extended brief citing a great num
ber of authorities and precedents in
favor of his contention.
Borah in reply declared that the
defense was seeking a disclosure of
proof in the hands of the state rather
than perfect pleadings, and asserted
that there was no single authority
that would support their contention.
Darrow, who closed the argument,
began by saying it was the purpose
of the defense to secure a disclosure
N. Osmundson and Miss Ella
Wickham are Wedded Sun
BOTH WELL KNOWN
Couplo Will Make Home in This City,
to Which Groom Recently
(Times Special Service.)
Coqullle, Ore., May 6. N. Os
mundson and Miss Ella R. Wickham,
both of this city, were quietly mar
ried Sunday evening, at the resi
dence of Mrs. G. R. Wickham, the
bride's mother, In the presence of a
few relatives. The ceremony was
performed by Rev. Mr. Brenham, pas
tor of the North Methodist church of
thh city: Mr. Osraundsen and wife
will reside in Marshflold, to which
place they went this morning.
Miss Wickham was ono of the best
known young ladles of Coquflle and
nearby cities, and has a host of
Mr. Osmundson has been a resident
of thl3 city since last October, at
which timo he came hero from Rose
burg to take charge of the local offlce
of tho Title Gnaranteo and Abstract
company ,of which Henry Sengstack
n is manager. During his short
stay Mr. Osmundssn has met and
mad- frlond3 with n great many pco
tpp, being a well liked young man.
Mr. Osmundson came from Mlnne
bo'p, where he hod been In tho ab
stract business, arriving In Rospbur'?
in 1903, at place he went to work In
R. R. Johnson's abstract and mal s
Into office. After orking for Mr.
Johnson a few months he resigned
f)?ul hail charge of J. D, Hamilton's-
abstract office, until that gnnttatnan
sold out two ycar3 later to F. E, Al-
of evidence in the hands of the pros
ecution, and asked why the defense
was not entitled to a showing. He
made a spirited attack on the atti
tude of the prosecution toward it re
garding Its witnesses and evidence,
describing it as mysterious, unfair
and unjust. He asserted that the
only question Involved was one of
fairness and Justice to the accused.
He laid stress upon the difficulty of
securing testimony from distant
points and the danger to the defense
of "surprise" testimony, and lmpas
sionately asserted that the rights of
the prisoners were as much in the
hands of the prosecution as In the
keeping of the defense. In nnswer
to Judge Wood, Darrow said the de
fense was not ready- to go to trial,
but Richardson interrupted him to
make the qualification that it was as
ready as It could be in the circum
stances where the case of the state
was withheld from it. He said in all
other respects the defense was ready.
Richardson, responding In brief to
the argument of Borah, said the
counsel for tho state made no dis
tinction betweqn overt acts which the
state could seek to sh'ow against the
prisoners, and the evidence by which
It would show a commission of al
leged overt acts. The defense wished
to know what the overt acts were.
Borah closed tho discussion with a
spirited speech In which he defended
secrecy in securing witnesses, In
stancing a loss of two in Colorado
yesterday; disavowed a desire for any
man's blood unjustly, and avowed the
purpose of the state to do its duty.
ley. Mr. Alley retained Mr. Osmund
son in charge of the office until he
came to this city to accept a position
in the local offlce.
During the time Mr. Osmundson
lived In Roseburg he. made a great
many friends, and was one of the
most popular young men in the city.
He has just moved to Marshfleld,
where the main office of the company
is located, and the couple will live
in that city.
SEYMOUR BELL COMES.
Will Ho on Coos Buy Within a Few
H. C. DIers received a letter from
Seymour Bell Monday stating that
the latter would be on Coos Bay nob
later than May 14. It is thought
that Mr. Bell's visit Is chiefly for the
purpopa of presenting the proposed
electric road franchise to the Marsh
PLAY AT CITY PARK.
First of Series of Outdoor Concerts
The band boys played last evening
In the city park for the first tlmo.
The lights have been put in and it Is
the intention of the band to practice
In the park twlco a week during tho
luramer months. The boys had quite
a large attendance.
Th H-nntiipp forcrnst for to
day follows : Western Oregon,
fair, warmer except near coast;
western Washington, fair; east
ern 0-eion, eastern Washington
rml Mali", pnrfiy cloudy with
The local weather for yester
ilny, ru Tf nortril by Dr. Mlnw,
the Marshfleld observer, fol.
Highest J5H ilcrrecs
Lowest vlS decrees
O p. m 51 degrees
Wtail in southwest. .Partly
Remains of Frank Smith Are Found
Where He Probably Com
Oakland, May 6. Tho decom
posed body of Frank Smith, the slay
er of John Marcovich, were found
this morning in the estuary. The re
mains were positively identified by
Antone Glecak, Marcovich's partner.
The body Bhowed that it had lain in
the water since about the time the
murder was committed. A bullet
hole through the skull indicated that
the man had committed suicide.
TENMILE HAS MUSIC
First Piano In the Place Bought by
Tenmlle, Ore., May 6. W. R.
Haynes Musical company of Marsh
fleld sold to George Schroedder a
Very handsome upright piano. This
is the first musical Instrument of the
kind ever delivered at Tenmlle. -Mr.
Schroedder does not Intend to neglect
the musical education of his children.
The Metzel Lumber company of
Tenmlle has delivered to Mr. Walker
15,000 feet of sawed lumber, tho first
instalment to be used on tho con
struction of a new residence which
will cost when completed about $4,
000. SISTERS EXPRESS GRATITUDE.
To Citizens Who Supply Long Felt
Recently some of North Bend's
citizens donated sufficient moniy to
lay a sidewalk on Sherman avenue
in front of the Mercy hospital.
Through the columns of tho Times
the sisters express their appreciation.
Card of Thanks.
The Sisters of Mercy desire to re
turn their grateful thanks to the gen
tlemen who were Instrumental In
.,UW..b V..O D.UV....V v..w.. ..(
tho Sherman avenue side of the
Mercy hospital. It Is a great boon
to the many pedestrians who pass up
and down the avenue, besides adding
much to the appearance of the hos
pital. May such good donors prosper!
C A. SMITH COMPANY
PROVIDING FOR MEN
Large Boarding House Will Be Constructed At Once New
House Going Up At Bay City
The C. A. Smith company is mak
ing extensive preparations for the
housing of the men employed at the
plant. The company will begin at
once tho erection of a big boarding
house. It will be located about 400
feet south of the site of the new
offlce. The work of putting in the
foundation will probably start
The building will bo 88 feet long
and 3G feet wide, and three stories
high. On the lower floor there will
be a dining room and kitchen and
quarters for the people who will have'
charge of the place. The second and
third floors will "be divided up into
rooms for the men. There will bo
thirty-two rooms, each comfortably
accommodating two men. This will
give sleeping quarters for sixty-four
men, and a place to serve meals to
perhaps a greater number.
A Little City.
About the old mill at Bay City
there Is growing up quite a little
city. The mill is running at full
force, and soon a night shift will be
put on. Three nice houses are near
Ing completion. They are double
houses, each side having three rooms
to accommodate a family. There are
m other sm?ller houses which were
there before the company bought the
ilant, making places for sixteen fain
lles. The company expects to put
-n more double houses at once,
Sonto of these houses are occupied by
single men, but they will be moved
is soon as possible tq make room for
tho married men. '
Provide Good Quarters.
In ti bunk house ,at Bay City
shout T men are being served meaU
ivory dor. and about 60 are housed
her". Previously the men were
lvnn '""tresses and furnished their
own Imddlr", but the Smith company
furnishes tho rooms throughout, so
ho men aro quite comfortable. A
ARE BEING TAKEN
Committee on Proposed Electric Rail
road Meet and Organize
Another step toward the proposed
electric line between Roseburg nnd
Coos Bay was taken Monday night,
when meetings were held in North
Bend and Marshfleld. At the latter
place the following committee was
appointed: C. S. Winsor, Frank
Temple, F, H. Brigham, H. C. Diers,
and L. J. Simpson. At Marshfleld
the committee which had previously
been appointed elected Walter Mc
Farland as chairman and James
The committees appointed on Coos
Bay will 'hold a joint meeting with
those from Myrtle Point, Coqullle,
Bandon nnd Roseburg, at which the
plans forlthe financial backing of the
venture will be gone Into at length.
MRSJ B. 1). JOXES DIES.
Old Resident of Coos County Passes
Mrs. B. D. Jones, an old and well
known resident of Coos Bay, died
Saturday, May 4, at her home in Em
pire. Mrs. Jones had been 111 for
some time, and her death was not a
shock to her relatives. She was born
in Bristol, England, in 1S38.
The funeral will be held from the
residence this afternoon at 2 o'clock,
.and the burial Is to be in the Empire
cemetery. The services at the resi
dence will be conducted by Rev.
Father Donnelly. The steamer Alert
.will leave this city at 1 o'clock this
afternoon, in order that those wish
ing to attend the funeral from here
may do so. They will be brought
back immediately after the funeral.
L. I). KINNEY SPEAKS.
Delivers Address on Electric Line nt
L. D. Kinney yesterday accepted an
invitation from the Conuille business
'nien to go to that city and deliver
an address on the advantages of an
electric lino from Roseburg to Coos
Bay. Mr. Kinney missed his train
and was driven over yesterday after
noon. The address was delivered
Jap servant Is furnished to look after
Over the new store at. Bay City
there are ten rooms where eighteen
to twenty men can sleep, and ovet
the old store on Front street In
Marshfleld there Is .room for twenty
On the completion of the new
boarding house the company will be
able to house and room about 100
men at Bay City, about 60 at the
new boarding houb and about 20
at the new store, besides houses at
Bay City for sixteen families,
Bay City will not only be a con
venient but a pleasant place an well
to live when the big mill la com
pleted and tho old mill abaudoned.
It Is near to the mill site and will
make an attractlvo rcsldeuco district
for tho men. A general storo Is lo
cated therp, and it is not necessary
for tho families to leave Bay City for
anything that they may need. The
company hopes individuals will build
houses In tho vicinity of the mill to
rent to the mill men.
Big Tool House.
At the Isthmus slough wharf at
tho now mill site thero Is being
erected a large tool house and office.
It is 64 feet long and 20 feet wide,
Part of it will be used as a tool
house and' storage pluco, and the
building will also contain offices for
the draftsman, G. T. Mitchell, and
his assistant, Ben OstHnd, who aro
planning the big mill. Mr, Mitchell
is a mechanical engineer and will
have hia office on tho ground whor"
lie can watch tho progress of the
f. Logging Near City.
The company will aa some logging
near the city today. On the point
wbero the new offico building is to li
located thero is a bunch of trees
which must be removed, and today
men will begin cutting them down.
ELATIONS ARE NOT
SEVERED BY MEXICO
Relations With Guatemala Are Still of a
Peaceful NatureFirst Rumors
Denied By the Officials
Meico City, May 0. Diplomatic relations between Mexico and Guat
emala have not been severed. Tonight the sub-secretary of foreign af
fairs denied the report from Washington to the effect thut Minister Gam
boa had been recalled.
AVashlngton, May O. Although actual news of the severance of
diplomatic relations between Mexico and Gueteinala has not reached
here, officials in Washington have no doubt that Mexico took the action
which resulted in giving the Guatemalan minister to Mexico his pass
ports. The American charge, Philip Brown, in Guatemala, has been in
structed to look after Mexico's interests in the Guatemala capital. Dip
lomatic rupture does not mean war, although the fact thut the countries
adjoin causes anxiety. Tiiere may be at any time invasions by Irrespon
sible bauds, and doubtless trouble would result that might easily end in
11 declaration of hostilities.
BRICK AND IE
D. A. Utter Will Begins Operations
at His New Placj
ON ISTHMUS SLOUGH
Quality of the Product Is as Good
'"as Is'Foniul in Any .
Tho D. A. Utter Brick and Tile
Manufacturing company's plant is
now ready for business and will com
mence operations today. This plant
was owned Jointly by Messrs. Taylor
Slglin and D. A. Utter until recently,
when Mr. Utter purchased the entire
concern. The company has a plant
capable of making 40,000 brick every
ten hours. The plant Is located on
Isthmus slough, but the company
will have retail yards In both Marsh
fleld and North Bend. Barges will
bo used In taking the output of the
plant from the kilns to tho yards.
Mr. Utter stated yesterday that
while ho had not closed any contracts
for brick, he had been given to un
derstand that several million would
be needed Just as soon as ho could
produce the proper article. Mr. Utter
Is confident that ho can make a brick
here equal to any that can be made
Tho new plant will furnish em
ployment for twenty men from tho
Charley Leo, representing tho
Portland Flouring Mills company, la
in tho city calling on the trade. Mr,
Leo has been ill for somo timo since
he left hero, but is feeling much
better at present.
P. II. Soule, representing tho It.
N. Nason Paint company, is in tho
city calling on tho trade.
II. C. Schubert, formerly ptewnrd
on tho steamer Alliance, and well
known on tho bay, is In the city at
tending to business muttors.
J. T. Hall, who has been 111 for tli
past few days with a bad caso of
bronchitis, Is much bettor and will bo
able to be out soon.
C. E. Maybec, who has been at
tending court at Coqullle, lias re
turned to his home In North Bond.
William Waltors, of North Inlet,
Is nt North Bend under tho caro of
Rinaldo M. Hull, who camo hero
o write up the place for custom
"agnzines, Wt for Portland on tho
California liny took a dron of S
or ton yesterday, which 13 tho low
est It has been on tho bay for sev
P. A. DEVERS
He Speaks. Well of Coos Bay
Payette, His Former
IS WITNESS IN CASE
.Was, Cashier in tliu First National
Bank There for Many
P. A. Devers, of this city is back
at his old home in Idaho. He speaks
well there for the Coos Bay country.
Tho Payette, Idaho, Independent has
tho following to say regarding Mr.
Devers' visit thero:
"P. A. Devers is in Payette this
weok shaking hands with his many
friends. Ho came here as a witness
in tho Lauer-Mass caso, which is to
be tried at Vale, Oregon, and expects
to be here about a weok.
"Mr. Devers, who was cashier of
tho Flrfst National Bank hero for
many years, and long was a prime
mover in tho business and political
interests of southern Idaho, is now
president and manager of tho Invest
ment Securities company of Marsh
flold, Ore. Ho thinks tho Coos Bay
country, of which Marshfleld is tho
flnanciul center, has a great future.
Tho country to a large extent is in
a raw state, although extonslvo coal
mining has been dono there for tho
last fifty years.
" 'People often wondor why it 1b
that Coos Bay has gone so long with
out being settled, If it ha3 tho natural
resources and possibilities which aro
claimed for it,' Mr. Deprs spld. 'It
has been because of economic rea
sons. Tho resources nnd possibilities
aro there, but C003 Bay has been an
unhandy place to get to. It was
easier to get timber and coal In
Washington and other places in Ore
gon, but now that there is no moro
cheap timber available at these other
places, some of tho lan?st M"br
men In the country have turned their
attention to Coos Bay and they aro
Investing their money there. Smith,
tho big Minneapolis lumber manu
facturer, will erect at Cooa Bay tho
second to tho largest saw mill In tho
country. Henry Hewitt, tho Tacona
millionaire lumber man, has also
shown tits faith In Coos Bny bv nak
Ing many Investments thero, and ho
Is Bocurlns franchise for building
electrjc railways thorn.'
"It Is evident that Coos Bay agreo3
with Mr. Dover', ns ho Is looking ex
ceptionally well nud has gained con
siderable fl'sh, Mrs. Devon has boen
snendlnt tho wlntr Jn Portland, but
shp will go to Marshfleld with Mr.
Devers In the near futuro,
Tho steamer M. P. Flaut Is billed
to leavi San Frnnelg-o tonight, ar- J
riving hero Thursday and Balling on'
hor return trip Saturday,