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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (May 27, 1905)
'J ' h .; THE 'CSZGOH DAILY JOURNAL, PORTLAND. . SATURDAY EVENING, MAY 27, 1905. r.l'DAIN lfi' PRISON FOR Historyof - the I Killing of , Trost -Brother trn fMnim Neaf : Wallowa. V. 7 :Tyry'z:;- i '--echoes from monkville.. t , " , ,- : ' ,.'..,. - (CVyrltbt. 190, by.W. B. Heaist) -V.' - ' ,", -. - COUPLE uURDER 2 i ' "StAYER CAMETROM COLORADO TO KILL AccusedThem lofiJumpin g Claim, Ambushed and Shot - Each Repeatedly. ' . (Special Dlapete ta The Journal.) "facled and wearing an Oregon boot and closely guarded, James McBaln waa re ceived at Salem penitentiary to begin a ilfa sentence, for a. double murder. Ten juror atood out for murder In the flret -e:gT?rm4cM-sewedJ tending . for second-degree, verdict. TalcBaln" wife, heart-broken, ha re-.".-.Aumed to her home In' Colorado with ..1- her two children. ' . . Jame H. McBaln, a railroad brake- ?rtnan,y .wep.t to. . Wallow county from Grand Junction, Colorado, a "few 'month ego, staked a homestead in the Promise country. !5 m Ilea north of Wal Iowa,- then returned to Colorado. - It la . claimed thtft IhjnfljwwajiPt Sllhjft if FgularlocaMon and that McBaln wa merely a aquatter. Shortly after he left two- young Kentucklah Theodore and 7"Charle -Trost, brother were also lo rated on the same land by another" lo 'cafor, on the aame terms on which Mo Bain aecured It.. On thla point there 'la a dispute aa ta whkhf the tocatlona rwaa prior. McBaln waa informed of the alep of, the Troeta, and he returned lm 'mediately to Oregon. At La Grande he atated that If the Troata were on hla -property he would kill them. He made tale aame statement : at 7 every point along the road from La. Grande to Wal- LlowJHewnt llrt.lQ.lhJjom ojth Brad vs. a abort distance from hla -lalm. and." .accompanied, by Thomaa - Brady," who had- located- lhe. claim for' - him, the two men - vlalted the claim, ' They found the Troat brothera absent. but rojind-Jthey haimada aomeJmprova- menta on. the property, having -bum tepee. . Searching the premises, McBaln found a revolver and took this, remark ing to hla companion that It would ren t"der the Trosts less able to defend the . place upon their return. This occurred on Saturday, and that night McBaln and " Brady. returned to the patter's - homavl tsunia,y mornln g McBjtln: r$latnca.Tlona "to the claim, armed with a -45-callper revolyerjsnd a repeating rifle. Later he :ame to Wallowa and gave htmaelf up -4h4tmre, stating 4hat he had killed - the Troat brothers. .When they reached the scene of the crime the officer found the Troat broth' ' r lytn-jr'-about 15 yards apart, each k dead and badljr mangled with " bullets, fheodpre, the elder brother, waa foun lyjog - In the tepe,- ehotzAhrough the boly Jn " three different ,, place,.. ..The --younger brother, Charles,, waa outside, ' with seven bullet hole In his body and Jamei H. McBain. - three through hia head. His skull wa - i.: f ,A I k I fractured aa If It had been, beaten with th tdelf6f gUTirHis-fafW wai barned . by powder. ' ' . The state adopted the theory that Mo . Bain, uptm arriving jit the place, found t only on of the brothera present, shot 1 htm and awaited the return of the other, - and upon his approach flred upon him . nd then, In a frenaled moment, rushed upon him and flred shot after ahot In hla " body and beat out hia brains.'. It is be '. lieved that the first brother was asleep ' when attacked and killed. - McBaln awore. that upon reaching' the - place he found the two brothera pre 1 paring breakfasts that he informed them that he had come to have them ousted 'from the property, and that If they did -- not- go willingly he would take legal ' step. - He saya that Theodore Trost arose and," selling a double-bitted axe, made for him. - He eaya that he flred upon him with hi rifle and Trost then retreated to the tepee, and ha' aaw him feeling about the place aa If searching for a gun, and he flred two more shots. killing him. n the meantime, he aay that Charles the younger, flred at him , with small rifle and ran. He turned nnd-ehafted the latter, firing at him un 1 )l he fell, and then he ran up to .him, S' nil seeing he was not dead flred several note Into his head,- - ( McBaln -says that he then flnlshej ooklng a meal which the boy had be 'Kun and ate -It As no one came, he then ! lf!ti'l" y ( U I Vm wii oM - A ,-Ss V'' Willi u 4 -I ; j WhaftVlhe jnatter with old Mrt mgim0J . 1 ' ..rAw, he thinks he's Diogenet and he's'going around looking for an honest monk.- T- --5- went 'tS Wallowa," 25 lntle away, : and vava hlmnelf nn. rpnOnrof Ihe-Braot and;WlnTerslsHTr fled that they were In hearing distance of the Troat camp and heard aeven shots, and within about-two hour heard another fusillade. McBallif'saya that after the tragedy and he had eaten hi jneal-ho'- flred some signal ahot to at tract some one to the place, ao ha could leave aome one with the bodlee while he went to Inform the officers. McBaln ex hibited hi hat with-a hole through the crown, which her aald waa madewith a pullet from young Trost's rifle, 'The rifle lay near 'the body of Troat, aftS "an empty shell waa In the gun.. - j The state waa TDrwntd bT IMatrlrt Attorney C. II. Crawford, Assistant Dep-4 uay John 8. H origins and -T. H. Craw ford, and K. 8. Clark of Kentucky. The defense wa represented-by J. R. Wy att of Albany, and A. 8. Cooley of Wa! Iowa. Attorney Clark of Kentucky wa aent here by the relative of the TrosK The murder occurred April . and In less than 46 day the trial wa over and the man In the penitentiary- COLFAX COMPLETES STOCK SUBSCRIPTION Raises Fifty Thousand to Secure Electric Line From Spokane' Through Palouse. ' 8pCHTTlrfcr to The lonrest) - Colfax. Wash., May 17. Chief Engl r A.ftt. Lupfer of the Spokane and Inland Electric railway, la here today Inspecting the work of two of hla sur veying crews near Colfax. The one under William Mayer haa brought the line from the north to near the mouth of Dry creek, while - the Hunt party, working north from Colfax, I still on the Palouse - river. The parties will loin, completing .the line from Colfax to Fpokflne at the Joining of-Dry-creek-aod the Palouse river, about four ' mile northwest of this place. ' Mr. Lupfer atate lhat a very flne line ha been se cured -and with the possible exception of near Steptoe butte. wner a aeoond line haa been run and bn account of the unwillingness of thw- land - owners on on side of the line to give right of way no change 1 likely In the line from the north boundary of Whitman county to Colfax., V- No work ha yet been ordered oh definite location beyond Colfax, It being understood that a lukewarmnee at Pullman and Mosoow 1 the cause. Colfax and near territory haa about completed the stock subscription asked for Colfax: 150.009 being - raised and some of the sections where 1 per acre of holding wa pledged are filled. In- eluding' Baeslla, Thornton and eotfa The farmer subscribing' worth over H00.000, hare nearly raised "that amount. Mr. Lupfer atate that the construction Is progressing very satis factorily on the Spokane section, that two steam ahovel and several hundred men are throwing dirt. " All the report from i the east on the bond sale, for the whole lint are most encouraging. The propoaed purchaser of the. bonds are en route) to make an Inspection- off the Pa. louse country und are due to be in Spo kane Saturday of thta week.' v ittrn.l-IMt'Oil'W-r wufi n nil LIJIJIJIJ wapiti - It AT SPRINGFIELD Attemptsto r Regain -z Floating llPeavyWhen-He-Suddenly V' Sinks Beneath Water FATHER AND TWO SONS "HELDTOXIRCUIT COURT Coroner's Investigation Reveals Fact ThatjChild Starved to Death. (Special Dlipetrh to The Journal) vEugene. or.. May ft. Harry LaDuke, aged 21 years, waa drowned 1 nthe log pond at the Booth-Kelly sawmill at Springfield yesterday afternoon af o clock, lie waa at work on the boom In the pond, when he slipped and fell Into the. water. Kegalnlng hla position on the log upon which he waa standing, he aaw his pea vy floating on the water aome distance away. He started after It, but had gone only half way when he suddenly stopped and aank. He wa probably: seised with cramps. " The body waa recovered a few momenta later by the mill hands and everything possible was . done to resuscitate La- Duke, but to no avail. LaDuke came to Eugene from Harri son county, Indiana, 'last December, and ha a brother, Umery LaDuke, residing here. '. He had been employed at the Springfield mill about, four month. Booad Over for Aaeaolt. In the Justice court j here yesterday W. B. Bmlth and hh eons. Ben and Mor-i rls. farmer residing In the vicinity of Elmlra. were bound over In the sum of 1200 each to appear for trial in the cir cuit court Ytext month on the charge of assault' with a dangeroua weapon. On Sunday, May 7, the Smith went to the home of J. E. Montgomery, another farm er, and called itlra out, when on ef the them. It la alleged, hit Montgomery over the head with a club, . knocking him down and inflicting aevere. .Injuries, The Smith and Montgomery, had-been baring" trouble for several months. '.- ,, Starred to Seat. 1 "" The 1-months-old son of 8. Wright and hla wife, who are camped across the river- from Eugene, was found dead in bed by it parent yesterday morning. Other people camping In that vicinity knew that the child had net been slehi and the authorities were notified. Coro ner Day- made, an Investigation. . and found that . the babe had starved to death.' - '.;-: The body was burled by the county authorltlea yesterday-afternoon. - Wright and his wife were on their wsy to Cali fornia by wagon. It la said that they are from Salem. -if -'. GRADUATING EXERCISES -AT C0RVALL1S SCHOOLS ' (Special Dlapatck "te The Joernal) ; Corvallls, May;, 87. Th graduating exercise, of the CgrvaUla ubU sehoni, eighth grade, take blsce at the opera house Monday 'evening next. An Inter esting program haa been -prepared, and T. F. Vincent will deliver the addreaa to -the -olaa and present fha diploma. The aaltitatortan la Helen Raber and the valedictorian, Viola Qardner. r There are 22 eighth grade graduate In this year' claaa. . j - I-' - - - - The ninth grade exercise taka olace next Thursday evening,' also at the op era, house. A' good program will be given, and F. L. Miliar will present the diplomaa... The aalutatory will- be given by Sadie - Bell, - and the valedictory by Nora Thomson. --.In the alnth grade class there are 20 gradualesl.rzrT-; NEW FISH HATCHERY ' UPON WALLOWA RIVER r ''" i i (gpeetat tlsateh te The JearaeM Elgin. Of,, May 27. Clearing of the site for the new flan hatchery on Wal lowa river ha commenced, and. aa soon a finished.- carpenter -will begin the will be composed of the hatchery build ing and a large two-stpr7dwelllng,to do ueea as .a hotel, Thl Hew industry Ts located aboufTl miles northeast of Elgin, on the wagon road to Wallowa county, and about -two mile below., the fork . of the Wallowa and Mlnam rivers. Every thing -point to a favorable future for the enterprise and tander -carajrutjeuperrialon it w"l nolconatltutlon oiCio stated Qregoiynd in in siai. . .. . . . BIG CROWD WITNESS "DALLESCOMMENCEMENT (Special Dlapatck te The Journal.) . The Dalles, Or., May 27. The largest crowd ever assembled in the Vogt opera house attended commencement exerclsea last night, which bring to a close a very suocessiui - year lor ine Danes ign cnooL .An excellent program., wa presented and well received by the audience. ,' - Alvln M. Anderaon, Eunloe Caroline Donnell, George Richmond, Myrtle Da vit, galena Height, George Rlddell and Elisabeth Rtddell were graduates of -the fourj'ear English xourse . and Ruth French, Iva Reno, R. Elmer White, Ha zel Huntington, George Vanae and Wini fred Wilson of- the three-year English cours.- The motto of the class of 120S wa "Success Is Born of Resolution," class color . cardinal, red and cream, class flower Jacquemot rose. - The stage waa beautifully decorated wit h- roses and f erna.-wrth-thetnottO hanging over the arch. . Considerable- excitement wa caused arly In t he eye nlng by t he-breaking of a chair In the" balcony, it was crowd ed to standing room only when the crash was heard. Everyone rushed for the only exit, the first thought being that the floor had given away and only by the presence' of mind of A. E. Crosby fatalities were averted. He yelled to the crowd to stop. . whloh- for aome rea on It did Aa eoon a the cause of the troubTe wa understood the crowd took it seat again but many question were asked aa to whether the floor was safe. ATJTXOa X KOMTT-SIX- (lewaal Bpeelal Serf iea.1 . jr- Bostoni Ma A 27. Surrounded by her children, grandchildren ana great-grandchildren. Mrs. Julia Ward Howe, the noted author. " celebrated her eighty- sixth birthday today at her home In Beaoon street. " -There were numerous caller during 'the day and quantities of flower, a well a messages of con gratulatlon; were Sent to Mr. Hew. Enjoying excellent neann ror one or net years. Mrs Howe continue to take a active Interest In social affair, though ah write, but little nowaday. It, 1 mxv. n. rrmnrrxiai umii. Rev. R. , D, .Streyffeler,who ha re cently been , apolnted pastor of the Memorial Evangelical churchy-East, Eighteenth ar.4Po.weIl street, will preach his first, aermon Sunday at 11 o'clock. There win be aervlce in the evening at 7.-.20 o'clock. Re. Streyffeler served for two year lir tni enuren sev ers! year ago. . .( . Your Heart- Is a wonderful pump that work lnoe- santly". averaging eeventy 14 - pounl stroke a minute, and forcing from 20 to 20 pounds of blood throughout th body each minute. - - ' The power that Keep tni wonaerrui nnmn in motion I nerve-rorce. ine en ergy furnished by. the nerves. Disease, over - exertion, fright," anx iety, alcohol, tobacoo and otner stimu lants weaken' these nerves, but. , the heart. Instead 'bf .stopping, make ex traordinary effort, and causes heart train. .. Then come snortneas- of preatn, art palpitation, dlaslneaa, etc. be- cauae the nerve are too weag to. xur nieh power. -.lane me ontynire remeoy. . Dr. Miles tfeart Cijfe It feed, strengthens and build no th nerves and muscle of the heart so they can supply . the necessary energy. . "Dr. Miles' Heart Cure la a marvelous remedy. I alwaya use It when cardiac trouble in-present. It meet th Indica tions surely and completely." C, f. p. 'tIKCHMORE.. M. I)..4M Mass Ave.. Boston. Mas. If first bottle falls to benefit 'money - . adequate, - y desiring Heatttigt - GOVERNOR ISSUES NOTICE TO PEOPLE Referendum Proclamation PUlf- lished Submitting Appropria tioa Bill to Vote. : 1 TIES UP MONEY VOTED STATE INSTITUTIONS Ballot Will Not' Be Taken Untj '-.-- Next General Election 4he ; 'Z-lf-. Coming Year., - . Salem, Or., May 27. Governor Cham berlain today Issued the .following proc lamation: - . - "Whereas. The secretary of 'atate of the atate of Oregon haa notified me in writing that pursuant to the provision of an act entitled 'An act making effect ive the Initiative" and referendum pro Tfirtonr-of -Betldn-nrartlcleTTof th regulattng elections thereunder and pro viding penalties for. violation of provis ions of this act,' approved r eDruary l. 102. there waa duly filed In hi office on May IS, 1V0S, a referendum-petition containing f.112 slgnnturea properly-aU tached thereto, and xor tilled In accord ance with law ordering that house bill' No. 270, entitled San act to appropriate money for the payment of the expense of the maintenance, . repair, Improve ments, equipments, and current expenses of the insane asylum, penitentiary, re form, deaf-mute and blind schools, uni versity, agricultural college and normal schools, and other current expenses of the tat and declaring an emergency passed by the Twenty-third Legislative Aasembly ahall be referred to the people of the state of Oregon for- their approval or relettlon. at the regular general elec- Ifon.to be held on the fourth diy of Dune, 1908; that said . 1 11 signatures to said petition are more than 6 per cent of tha whole number of votes cast for justice of the supreme court at tb last regular election. 'Now. therefore, I. George E. Cham berlain, governor of the state of Oregon, In obedience to th provision or said act hereinbefore mentioned, do hereby make and Issue thl proclamation to the people of the tate of Oregon announomg that there haarpeen filed with the secretary or state of -the-tater-f Oregon rerer- endum petition with the requisite number of signatures thereto attached oroeung that houe bill No. 270. entitled -'An act to appropriate money for the payment of the exoense of the maintenance, repair. Improvements, equipment end current expense of thejnsane asylum, peniten tiary, reform, deaf-mute and" blind fafthooler-unlveraltyagrlculturaLcolJege and normal achoola. and other, current expense. of th atate. and declaring an emergency passed by the Twenty-third Legislative Assembly of the tat of Ore gon at th regular session or said ieg- lalatlve assembly b uDmir.er-To ins legal electora pt the fltate pf Oregon for their approval or rejection at the regu lar election to be held on the fourth day of June, -H0. the same being th first Monday in June, 1I0. , , - "Don t the capital city in the city of Salem, atate of Oregon, this twenty- seventh day of May, lo. - 'GEO. C UHof.KLMi, "Governor.1 KNIGHTS OF COLUMBUS f -flV-R0UTlrTO-EXP0SITI0W (Joeroal Special garvtca.) -- New"Tork. May II. A handsomely appointed special train' will leave thl city tomorrow,' bearing the delegate from thl ' vicinity to . tn na tional convention of the Knighte of Columbus at Lo Angeles. The. conven tion will be .largely attended by mem ber of -the trderi throughout the est The New Tor part jr will atopren route at' St. Louts. Manltou. Denver and Salt Lake. On the return trip the party will divide into- two sections, on of which will come back by way of the Union ractftc:-whtt- th - second ' ectlon -will return -Via PorUaiuL-. wh.er- tha Lewi and Clark exponion will be vlalted, and (h Tellowton park, .. MILITARY SECRETS ..SOLD TO GERMANY Jeraal Bpeelal cWvle. Berlin May 27. Germany' general ataS 1 pluming Itself on having ac quired ,th innermost ""ecret of the military defense at Bart Arthur. Tb Information waa purchased from Paul Laasmann, , editor of .Novlkrai, a emt official newspaper founded, at Port Ar thur by Admiral Alerleff. ' j Laasmann- ha-arr1vd at Berlin to arrange for th publication of ar book about the siege, j He 1 a pronounced enemy of General Stoeaeel and his forth' oomlng . book la intended primarily to explode that officer' claim to th rank of a, hero, . . ' Woodburn has four saloons. . If they all make money many -other . people mtirn can: I. . - - i - - That the" FAN SYSTEM-of the ONLY one which supplies -constantly, REGARDLESS OF 'ATMOSPHERIC OR ANY OTHER CONDITIONS, a lDositlveT uniform supply of RESULTS will consider no other. ; GMcPhersofiCo. Ventllatlng and Drying r N. E. Corner PARENTS' MEETING; IS HELD'AT ALSEA All School Participating , and Many Prominent Speakers ; - Taking Part. PHILODELPHIASOCIETY PREPARING TO ENTERTAIN Caterpillars In-Great Numbers Infesting Corvallis and Other ' Parts of Benton. (Special Dlapatck to The Joarnel.) Corvallls, May 27. Today, in Alsea, Benton county, there la in progress parent meeting and grange rally, the event being held In th Grange hall In that" place. Speaker -for the occasion Include - Dr. Jamea - Wlthycombe and Prof. F. U Kent of O. A. C; Hon. T. T, Vincent, E. H. Belknap and Superintend ent Denman of Corvallia. All the achoola of Lobster and Alsea are participating and . a feature of - th -day will - be i 30-mlnute program of excellent num bera. A baaket dinner wa served at noon. - - - rmrwomaarmmt KIaot. At th courthouse - next Wednesday night Mlse Gail Laughlln, a graduate of Wellesley and of the law department of Cornell university, la to lecture on "The Progress of Government, The - young woman 1 touring th coast under the auspices of tbafi tat a EauaL Suffrage association. - -Tomorrow. Bunday, at the First M odlst church. Rev. O. H. Fees wtll de liver - th memorial aermon beforer-the members of th G. A--H-rJW. R. C and Spanish war-veterans. ' The subject will be "The Nation' Memorial Day." In the evening there will be services of a memorial nature at all the churches of thgclty,..-. . ' ,. . , To Oir BaBquet, Preparation on an elaborate seal are being made at Hotel Corvallia for th banquet that la to be given thta evening by member of the Phllodelphlan liter ary society of O. A. C. The iphllodel phlana are to entertain on a large scale, and cover will be laid for 100. The function begins at 10 o'clock and will include the usual toast and other feat urc. Caterpillars In great numbers ar in festing Corvallia and other parte of Ben ton.. A prune orchard at Nprton'a sta tion 1 reported to ha ve been stripped of every leaf and In Alsea the peat ar legion. Corvallia Is alao much per turbed. . V.-' . ' lUIT T2LLB1 AOQUITTJUK - (Special Dlapatck to The Journal. Coif ax, - Wash. : Ma y - 2 7.---Th ease f the State of WashlngtoryTversu O, B. r leio came up .in ina superior couri The Best K Scoarlng Soap . A Metal Polish A Glass Cleaner . -. - t JT ax. i iJ . 1 ' ventilation is purcairrThos Engineers Everything In the: Second and Taylor Streets ; -Do-you gvwr fegr thtcrinni-.-t tloua fetllne thatralss your head 'high Th' lhe air make ,t' ou step high and walk easy? 'hat' rood feelinr. , . Comaa from good' food. That .la what w maK--io cent a package. AT-ALLt3ROCERS' 4- Ther haa been .and will b '-no ehang in th price " bf Mineral Water, Soda - Water, Siphon. Syrups-eta.; the am price will be maintained all report to th contrary not , withstanding, ; . ' ; STAR BOTTLING WORKS . rkou Mala 30e. 5a Tint U V Lime Dr. B. E. . -WRIGHT- The icniiTmo . . DSaTTMT that relieve all pain '. . , -r in gaow opera-, - tions. ------ lr- v :S4a Washing, Bt, oox. reata.r yesterday, - Mr. Field was accused of - stealing IT sheep" from Philip, th,. wealthiest sheepowner of 'Whitman I county Fourteea . wltneaae were e- amlned. The Jury waa out but 'live mln- guilty. Court .then adjourned until I Wednesday. May 2 L , . -- - SVTXSXirO BOOK AT BbOXaT. !. (Special Dlapatck to The JooraaJ.) ' Elgin, Or.. May 27. Thl city 1 n Joying a building boom. Among th structures being erected are two modern '" brick bulldlnga. each two stnriiw in height. ' One of the buildings la being erected by Hug Bros., the other br,. Charles Hollgarth. Th lower floor of - both building will be used aa store room, and th upper floor for office' r' and public halls. - - -"'FOB V. B. BZITBXOT rVDOM. (Special DispatcD TEa" JiwrsaLl ' ' Bakef Clty.'Or.. May 27. A petition I being circulated today -in Baker City in the Interest of Judge Robert Eakln for United State district Judge. Scooting Soap VUd r A 'TT