The Oregon daily journal., February 14, 1908, Page 6, Image 6

L.
THE OREGON DAILY JOURNAU PORTLAND, . FRIDAY . EVENING, FEBRUARY ' li : 1008
0
GUARANTEE
CASE IS IIP
Attorneys for Defense Argue
; That the Information Is
J - Vague in Its Wording
rV; McCamant Takes a Sly Dig
X at District Attorney.
HILT ASKED TO KILL
OFF ALL WITNESSES
Star Witness for Prosecution in the Anderson Murder
Trial Tells of Confession Made to Him While
He Was Confined in the County Jail.
99 CATS TO H
TAILS twisted
Hoo Hoos to Present Bob
tailed Felines Bootjack
Bouquets.
lii Presiding Judge Cleland in the elr
.'cult court this morning begin hearing
-.' argument on th demurrer i three of
; the cases against jr. Thorburn Ross. T.
. t. Burkhart. John E. Altchlson and
' George H. JUil. who ar charged with
i the misappropriation of funds ntrustd
; i to the Title Ouarantee tt Trust compe
' : ny. Judge Cleland announced that the
' demurrer in the other case, charging
nn.la received by the of fl
' 'eere of the bank after they knew Its ln
anivnt condition, will not be heard
at thie time, but will be postponed until
' ' the circuit Judge are able to sit en
i bane to hear what the attorneys have
; The Information in the latter case. No.
';, therefore, eeems likely to call forth
I the supreme effort of the attorneys for
-' J the defendants. The grounds of demur-
i rr In this case are that the act is not
" VvimrmA mm havina- takan nlaca In Mult
nomah county, that the Information doe
not show that the alleged misconduct
took place within three years prior to.
I riling tne mrormnuon, ini m nninm-
X against them with sufficient certainty,
j and that more than one crime is
i charged,
I, ' ;jLtraaests for Defense.
I Argument in the other oases this
f morning covered several of these
t points. All morning Wallace McCam
, , ant, attorney for Ross, and Harrison
. Allen, representing Burkaart and Altch-
ison, pounded away, while-District At
; t torney Manning and Martin JU Pipes,
;' special prosecutor, took notes for use
' i this afternoon, when their reply in de-1
I fense of the sufficiency of the lnrorma-
jtlons will be given.
Mr McCamant armed that the pen
. i'aHy to which the defendants would be
t subject under the informations Is out
or all pro port job to ui crime, amouni
t lng to a life sentence and an enormous
1 illne. ue pointed out inn in court.
- I In case of conviction, might impose i
sentence of 469 rears in the penlten
, tiary upon his client, Ross, and sug-
i gested tnac u koss were grantea un
i usual longevity he might serve his time
on one cnarge, oui not on ue omers.
He eJso pointed to the law requiring a
fine of twice the amount alleged to
have been, wrongfully converted, which
would mean a line ot jj,ji.iu.
Mr. McCamant urged that section
1807 ef the statutes, under which the
three informations under consideration
were brought refers only to the lar
ceny .of public money by a public of
ficer or one .vf Ills' deputies, and not to
the case of the officers of a bank or
' other person a private capacity. He
claimed that tne use ot tne worn "per
eon in the statute is limited by the
language xouowing xo a aepuiy serv
lng under a public official,
Tagueness f "Theretofore.''
i In support of his assertion that the
Information : does not charge . commis
sion of the act within three years pre
ceding the f Uinrr of the information,
Mr, McCamant said that the defendants
are charged with having the money in
their possession on September . 1907.
and that "theretofore the wrongful
conversion was made. Tneretorore '
might mean 16 years, or 20 years. be
argued.
Furthermore, the speaker argued, the
defendant are charged with convert
ing state money, to their own use and
also with grand larceny, in violation of
the law that only- one- offense may be
charged in the same information. He
declared that the prosecution cannot
? trove that the state deposited money
n the bank while it was a going con
rn and at the same time charge the
, defendants with having the money in
their possession as Individuals.
., He cited the decision of Judge Munly
In the "Pum" Kelly case to bear out his
contention that the statute under dis
cussion refers only to the appropria
tion of public money by a publio of
ficer, but Judge Pipes stated that he
was present when this decision was
given and the case did not turn on the
point involved in the bank case.
f Election Bar Coming.
-Mr McCamant took a little fling In
. the direction of the district attorney
toy observing that while the lnforma-
tfon as filed may be useful to the dis
trict attorney. In view of events to
transpire within the next six months,
injustice should not be inflicted upon
ilr. Boss or the other defendants.
. i Harrison Allen in his argument fol
lowed the general lines of McCamant's
rvosition, but offered some new points.
He gave particular attention to the
contention that the only relation be
tween the state and the defendants, for
the purposes of this case, is that of
debtor and creditor, and that the de
fendants received the money from
George A. Steele, not from the state.
Judge Pipes, taking up the argument
this afternoon, combated the conten
tions of the attorneys all along the line.
He declared that the taking or misap
propriation of money of private persons
is covored by other laws, and that the
word "person" is used to cover Just
such cases as these, which otherwise
couia not De reacned.
DAY STOP PAYMENT
, OF ESPEE DIVIDEND
1 im,v-
.fM7.iVgmy? ' . CI J 'J lUrm.
l ".J. -mf
There will be a big time tonight at
the W. O. W. hall. Eleventh an 1
Alder streets, when the Concatenated
Order of Hoo-Hoo begins Its annual kit
ten show. The affair .will wind up
with a howllnc success on the roof
after the kittens have had their eyes
opened and let into the secrets of
catdom, "
It is understood that something like
99 candidates have applied for the prlv.
Ilege to wear the black cat button on
their coat lapel, so those who Join will
not feel lonesome. The big doings b-
I rlr. nrntnntll.ll 7 -SO n. m . when E. 111.
Ellsworth. Vlcereeent Snark of the
northern district of Oregon, will take
mmtiMra In hand.
lav a Uatnlltnn anf 1 C JamlCSOn,
prominent members of the order, and
wno nave naa cairii 01 "
rtmtmtnti for tonight's affair, have
rated tne XOllOWina rum
SWIFT PLANT WILL OPEFJ
VAST FIELD TO STOCKMEN
IlugeJPackins: Industry to Be Established Hero Means an ;
Unlimitd Market for Cattle and Sheep Kaisers All
Over Northwest Higher Prices and Better Stock
and
Joseph Anderson, on Trial for His Life.
Jacob Hilt, star witness for the pros
ecution, this morning told on the wit
ness stand the story of Joseph Ander
son's confession of the killing of Henry
M.. Logan while they were confined in
the county jail together, and of Ander
son's request to have htm .kill two men
and a woman who figure as witnesses
against the defendant
As Deputy District Attorney Adams
drew out the story that is relied upon.
more than anything else, to send Ander
son to the gallows, the big crowd in
the courtroom hunr UDon . his words.
The defendant watched his accuser
closely, smiling now and then and
twitching his fingers, but when the
vital point of the confession was
reached a flush of anaer Daased over
bis cheeks.
"That Is absolutely false," he shouted,
and started to rise from his chair, as
though to leap toward his accuser, when
Deputy Sheriff Beatty, who constantly
occupies a chair behind him, reached
over and forced him back into his seat
"I asked Anderaon what he killed
that man Logan for," Hilt had Just
testified, "and he said, 'What are you
going to do If you are broke and you
hold a man up and he knocks you
downT You have got to kill him or be
taken ln."
Three Victims Picked Out.
This was the statement that pro
voked Anderson's sudden anger. Hilt
said that It was made to him in one of
several conversations he hod with the
accused man while both were In 1all
Hilt having been arrested on the charge
or assaumn
' (United Press teased .Wire.)
Washington, Feb. 4. Attorney-General
Bonaparte will refer to govern
ment attorneys, Kellogg and Severance,
the question whether the government
should take steps to prevent the 'Pay
ment of the recently declared dividends
by the Southern Pacific railroad on
stock held by the Union Pacific road.
In order to take such action, however,
a special order would have to be ob
tained from the federal court at Salt
Lake City, where the crovernmitnt haa
started suit to dissolve the merger of
. the two roads.
an Inmate of the oountv
hospital. He said he met Anderson
early in .December and that one da
Anderson asked him to will two men
and a woman.
One of the men wa "Pete"' Maher,
a cripple, who lives near the end of the
First street bridge, Anderson saying
that Maher had seen him - with the
mackintosh found under the bridge
after the murder and that he had gone
back the day after the murder to cau
tion Maher not to say anything about
having seen him. Hilt said that Ander
son suspected Maher of having given
him away. Maher was a witness yes
terday afternoon, telling of Anderson's
visits as above outlined.
The other man Anderson wanted
killed, said the witness, was Roy Em
bury. Anderson said he had shown Em
bury his gun and he had told Embury
tnat ne KUiea engineer Imogen and that
limuury knew or otner crooKed work.
The witness said Anderson told him
where both of the men be wanted killed
could be found. Finally Anderson gave
nim tne names on a piece or paper,
spelling the names backward and say
ing that he did this so if Hilt should
be captured and searched the officers
would not know what the paper meant.
This paper also contained general direc
tions concerning Embury and Maher.
describing the former as "cock-eyed-'
and he latter as "wooden leg." This
paper was submitted In evidence.
Been by a Woman.
The woman that Anderson wanted
him to kill, said Hilt, was a woman
that lived In the gulch near the scene
of the murder, meaning Mrs. Winans,
who was a witness for the prosecution
yesterday. Hilt said he asked Ander
son what was tne matter witn this
woman, and he answered that she saw
him on the night of the murder. An
derson said he was sure she saw him, '
looking out of a window, and the wit
ness said he asked the defendant, "Did
she see you while you were climbing
down the piling of the brldger Ander
son replying, I dldn t climb down,
Jumped."
Hilt said he led Anderson on to tell
his story, giving him "bait," but not
promising to kill the trio desired by
Anderson. He told Anderaon he would
think the matter over. He Identified a
rough drawing of the scene of the mur
der, which he said Anderson made and
gave him for bis guidance In hiding a
macKintosn. tne purpose or tnis being
to cast doubt on the mackintosh found
beneath the bridge.
Anderson described the kind of coat
he wanted, the witness said, desiring
mat it De mack nut yeiiowisn with are.
torn under the loft arm and then sewed
up, and with a natch on it Thl coat.
according to Anderson's plan, was to be
hidden near the end of the First street
bridge, where Anderson's lawyer and
witnesses could "find" it.
Threw Gun Into dough.
Hilt also told of Anderson's atorv
about having flung his gun Into the
slough In the rear of the building on
East Washington street, where he was
living when he saw the officers ap
proaching the day tie was arrested.
Hilt's direct evidence was closed at
11:45 a. m. and cross-examination was
begun by J. A. Jeffrey for the defense.
The questions asked by the attorney in
dicated that it is his purpose to claim
that the story of Hilt has been hatched
up with the connivance of the detectives
and that Hilt Is unworthy of belief. He
maae a strong ngnt to strike out a por
tion of Hilt's testimony ree-nt-dlna- th
confession, but Judge Bronaujrh, ruled
that all of the conversation must be
admitted.
Roy Embury, a vouns? electrician whn
met Anderson a short time before the
murder and roomed with him one or two
nights, said that Anderson accompan
ied him to his room one day before the
murder and showed him a revolver and
belt filled with cartridges. He positive
ly identified the gun found in tlu
Biuurn us me weapon snown him by Anderson.
The day after the murder, tha nin.
said, Anderson asked him if he hurt a.i
accounts of the mtrder on the brldg?
and when Embury said he had not, An
derson remarked. "I made a bungllna
Job .of it." He said that when the do.
rend&nt snowed him th rvnii,.. v.-
called attention to the number having
been drilled off the end of the gun say
ing, oee wnat x had done to it.
Boys Describe the Mackintosh.
Roy Orlffith and Carl Albright two
schoolboys who were the first to ob
serve the maelclntnuh nn,i.. ,v. i ... .
. wi ui.ul HIC U IIILR
?'f,2?ri after th" murder, were
called this morning and gave the de
fense a ray of hone bv fioar.riKi
coat they saw as grayish in color, with
striped squares on the outside. This is
sna-fimlilflri
regulations which must be observed to
the letter tonight from the entry of the
kitten untu he departs a juu-iieagcu
feline:
The Costumes rreawnnea.
1T1 Vlttana mnaf 1 Mack, if VOUr kit
tens are o a lighter hue. lamp Diaca
-.ill K fumliliial at tha hall.
All kittens must oe sianaara urau.
and nedia-ree forwarded for entry.
Kittens with straight tails must ap-
rear oerore tne neaa amwjor,
haiK taiia will bo subjected to nine
turns around the saw mandrel. Bob
tailed kittens will be excused from this
rrv hs AMMl
All kittens who enter must participate
In a rat killing contest. Each kitten
will be required to kill nine or more
Tha imtan ratchlnr the greatest
number of plague-lnfeated rats will be
awarded the first prise.
All kittens must be of the male s.
Each kitten will be required to show
his agility by dodging brickbats, boot
jack and other missiles that will be
hurled at him at various Intervals dur
ing the evening.
All kittens will be arranged In classes.
according to pedigree and agility, in;
fine points or tno Kittens to oe passau
upon by competent Judges.
The vocal organs of all classes en
tered will be tested by the musical di
rector, accompanied by tne caterwaui
1 lng band.
peoiatore aivm,
Judging will begin promptly at 7:80
p. m. At tnat time tne Jlg-nia win vm
artina-iilahail. all doors and windows
barred to prevent the escape of any of
the kittens, ana sjso to prevent mier
1 ruptlon of the ceremonies. If yeu wish
to be a spectator at mis uuw, anu -
cure a prominent box, you wm urai
the above in mind.
nwlnr to a serious conflagration on
the roof of the Hoo Hoo storeroom, all
naranharnalla. has been destroyed. En
tirely new stunts have been Imported
from Hoo Hoo land, and will be inflicted
on the unsopmsuoatea anu unsuspeei'
Inr
Atimr tha nrises have been awarded.
those kittens who feel able will be
nrlvllea-ed to mingle with the old cats
on the roof. Catnip tea, milk and other
carlea Known to cai iana, are .
pected to be lapped up with great eager
ness.
"The Portland Country club and Live
stock association stands for tha promo
tion of better livestock and mora live.
stock in Oregon. It is up to this State
to support the packers who are about
to erect great packing plants in Port
land," said W. P. Olds, a member of the
club who is taking a keen Interest In
the serious side of its work. The asso
ciation's main purpose is not that of
pleasure, but of the business of Improv
lng and enlarging the livestock output
of the Pacific northwest.
A committee consisting of JullusHrL
Meier, Adolphe Wolfe, and W. p. Olds,
appointed by the association to ad'
vance Its interests through the chan
nel of publicity work, has undertaken
to urge upon the livestock men and tha
press or the state the importance of un
derstanding these facts.
Better Stock Weeded.
This association has come into the
field at an opportune time, when Port
land Is about to ba made the meat Pack'
lng center of the Pacific coast Tha
packers are here In advance of the de
velopment of the livestock Industry.
The country does not produce enough
cattle, hogs and sheep to supply great
parking plants.
If the nlant of Swift A Co. is to be
operated to anything near Its capacity,
the livestock men and farmers must
breed more and better stock. The dny
of the rasorback hog and the Texas
steer is past. The meat consumors of
the country demand the finest, tender
est meats, and the packers are trying
to supply these products. It is neces
sary, to bave hogs with the largest
hams and the shorest noses; cattle with.
the btoadest backs and ma rat test
quarters.- -
The I'aclflc northwest has never be
fore been (silled upon to meet tnese re
quirements. Oregon has the range, and
the fattening rations, and there Is no
end or opportunity Tor tne livestocg
producer who will now realise what is
demanded of this Industry.
The mission of the Portland Country
club and Livestock association la to as
sist in -educating tne producers up to
the requires standard, various mewoae
will be employed to accomplish this
work. Potent among them will be the
anlrlt of nnmnetulnn that will ba en
gendered by the great annual shows
to be given by the Country club,
. Great Chow Tnis Tall.
The nlans for the livestock show this
fall have always contemplated the
greatest event of its character ever held
on the pacific coast," said Julius L.
jneiar. V
mlttaa.
'The Imoffesslon seems to have gotten
out that the Portland country club and
Livestock association is merely a race
meeting or .sporting affair, while Its
real numose Is the development of the
livestock Industry in Oregon. Washing
ton, Idaho, Montana, northern California
Search Is Being Made for Bit
of Steel That W01 Tell the
Cause of Wrecking of
Train Ditched Near For
est Grove. ' y ?
Part of the rail which caused the
wreck at Forest Grove Tuesday evening I
wnen tnree coaches of the Bheld.nl
local went Into the ditch, killing three
persons and injuring it others, has dis
appeared. Railroad officials as well as I
the members of the state railroad com-1
mission are making every effort to lo
cate the missing link.
The missing piece of steel wis a pert
, W utl 1 . A I- - , . . . .
Pacific const" said Julius L. Y wri me oreaa wnico ii
narmn of the Dubllcltr comt ,ow,d. th?. Mr" lve the track oe-
natrmaa Ol ins pupjicuy com- CUrred. If tha mlaalna- a.WInn la
found it is hoped that it will assist thai
oinciaia materially n nu-h m m nu
elusion as to Just how the accident hap-1
v ii"u , cause I
Tha Oleca jfrhlrh haa i.l
about IT Inches in length and consists!
principally of the top of the rail. It
s broken from the other part of thai
and. southern British Columbia. . rail in sort of a h.i ii. W. IZZ
"One of the purposes or the associa- mtm whinh ,..i. . ii.. Vtl. ,iZ?-l,v
tlon Is to be of assistance to the pack
ers in making Portland the packing cen
ter of this portion of the United States,
and to help the livestock produoers of
tha country to make the most of the
opportunities that these packing plants
win open to mem.
OLD "COLONEL" PASSES TO REWARD
SET ASIDE FOR FAITHFUL HORSES
FilORSE NOT Oil
LINER ETRURIA
(United Preis Letted Wire.)
New York Feb. 14. The New York
Journal today prints a story that
Charles W. Morse, the fallen Ice king,
is not aboard the steamship Etrurla on
his wav back to Gotham, as is gener
ally supposed. The article declares the
financier left the liner at Queenstown,
but his friends nere aeny me siory.
"Colonel" Is dead. After serving
Portland actively for more than SO
years, the "old white pacer" died while
enjoying the rewards of old age and
years of toll at Deer Island, where he
was sent about a year ago to pass bis
last riava.
Hundreds of children will remember
with affection the gallant old borse
when he pranced upon the Marquam
stage three years ago on the occasion
of a children's entertainment arranged
by the Humane society. "Colonel" was
gaily decorated and garlanded with
great wreathe of flowers as he was led
upon the stage, and the children ap
plauded and cheered him when they
were told of hie long service and faith
ful attendance to duty. "Colonel" en
Joyed the applause and turned his bead
toward his young friends in graceful
acknowledgment to their plaudits.
Still other hundreda of children and
men and women, too remember the old
horse as he would swing out of en-
f ine-house 1 o. S, Sixteenth and Wash
ington streets, and come pacing down
the street at breakneck speed in order
to get the firemen to the conflagration!
Steel Which raafa nn th. hi.
It seems that the steel parted between I
the bottom and tha ton anil It la tKI.I
.i . . . . : . " i
I'"1''' mai cannot oe round. I
The officials believe that the parti
now belnr lourht hla-h anil Inar
aiiii-r carried away ny souvenir hunter
or became mixed with the thousands of I
other pieces of steel and iron which I
were lying everywhere about the scene!
or ins acciaenr. tm mnraina,
the accident the piece now missing was I
laid beside the track and durina- thai
vmjr it ttiHiipvarea.
General Superintendent Bucklev. fen.
penntenaent Fields. Master Meohanlol
lounger and Division Engineer Bal-I
Ions were at Forest Grove yesterday ln-
wauaaung ma cause or tne aisastsr. I
The eta to railroad oommlaslenara ai-aJ
In time to save burning property. It aiso still working on the case. The rail-1
was due to these performances tnat he road officials aro satisfied that a broken I
Decame Known as tne oia wuiw pacrr.
His peculiar stride was so marked that
everybody noticed it and gave nim the
title.
There are other nice thing to ne
said about "Colonel." His recorfl was
without a blemish, and his death will
call up many stories end anecdotes In
men ne too an active pan. ne
never sulked, and ne Knew just wnat
was expected of him at Just the exact
time. r,Colonel" never failed to meet
the obligation.
Whan hla years of usefulness passed
he was remembered in gratefulness by
the city and allowed a pension. Thle
consisted of perpetual pasture in green
fields near the flowing river, where he
could eat end drink to his heart's con
tent so long as life lusted. He was
also to be watched and cared for as
long and faithful service entitled him
to be watched and cared for, and he
was not slighted In any particular. If
there Is such a thing ss a horse living
to a grand old age, "Colonel was the
horse. No one can remember anything
but good about him, and he died at the
age of 17. '
rail caused the mishap but as yet thev
have not decided what caused the break
in the steel.
Borings of the broken rails are to
be sent to Omaha to be chemloally an
alysed in an effort to determine whether
uie eieei naa oecome crystallised.
ANOTHER BLOW
AT
RAILROADS
SHINGLES TO REPLACE SHAKES
ON THE FORESTRY BUILDING
nnnnpui
DUIIUI
'0
1110
STORY OF CRIME
not the descrlntlon rlvnn nr . x...
ather?HWh0 ?awJl Fhat dky. The boys
saw the coat taken away by a witness
Who was on the stand yesterday
-JPettlve"tTlc-henor Bn,) Jne. who
secured most of the evidence against
Anderson, were orf the man io
terday afternoon. They were led thrown
a grilling cross-examination, but denied
any improper efforts to extort a con
fession or to secure "stool pigeons" to
umir vicum. j ney told of
the finding of the revolver In the slough
at the point where Hilt told them An
derson said he had thrown it, and traced
their work in tracing the crime down
to the time of the arrest.
V0JIAN FOUND DEAD
Vo IN TURKISH BATH
' ?an anclsocv .Feb. 1. Edna r
ish batV this morning by Mrs harlei
Kemanskl, who, with her' WbanS V?5
the husband of Mrs. 'whittoon 21
com from Bakersfleld to th W citr , 1
pleasure trip. Mra WWttogtLi .
, subject to epileptic fits. r w
Wins Women's Championship.
. - Ban rJiego. Cai, -Feb. 14 Mrs.
ueorge euurgis - won tne nnai In the
woman's golf tourney on the links of
the Coronado County club today, da.
feeling Mrs. Herbert Munn, of New
Tork, (for; the championship of Cali
fornia, . ''
' '. ' Desertion Js Charged.
' Alwlldw Kastman haa begun -suit for
Mvorc rrqm waison asiman, auegtng
crtion. They were married In Car-
roiiton, Missouri, in leu, ana tne piain-
j':r eya wee ueitriea jgur jrears
HOLD SEDUCE
MILEAGE RATE
(United Press teased Wire.)
Washington, Feb. 14. Speaker Can
non's gavel was heard today with great,
difficulty In a spirted tilt between Rep
resentatives En gleb right of California
and Crampacker of Indiana and at the
same time probably saved the mileage !
allowed congressmen from being cut 13
cents a mile. ,
I?uUi.w of 'act that the members
f.. nJy a raise in salary
L ? ' Crumpacker thought it would
aKoufdLVh?SJW th the mileage
!id .b,wi. fl01? ts a mile to 8
amendment.
an
yeaVf M
Cannon came to Englebrjght's aaslst-
!22'.K,preMlnhl- int service,
and that was the end of the gabfest
Crumpacker still has his amendment
LEA YES MONEY TO
fPAY FOR CREMATION
(United Prea tMmmJi wiH t
San Franciacn Pah w m,. i -
.f!""'..?. due
found th; following J"" W"
"On my body von win fir, a .
on the Canadian Bank of Comma tXi
WQQ. With this money cremate my
body and throw the .1.1 czf.
rr " - . r in money to
minaP0?r' .i.fk three "Pt friends of
JSi0 rraln me after my death,
lHi.0r-X.ioBuilUh "l8 injustice in
, .' v.r iacques."".
.k:.JlUt4..lif .WcMd'eUootML-'r-!'
San Francisco. .- Feb. ii in
woman, penniless and friendless, was
brought into the central emergency hos
pital this morning, suffering from wood
alcohol poisoning, and despite the ef
fort of the surgeon. teUsava har Ufa
sb 414-half aa hour later. ..,-..
(Special Dlfpatcb tn The lournal.)
The Dalles, Or., Feb. 14. Mrs. Bonoml
waa the main state witness, in the Bo
noml murder trial this morning. She
told her story tragically. She said she
saw a man standing under a cherry tree
about 20 feet from the bed, out of
doors, where Bonoml slept at the time
of the shooting. She recognised the
man's voice as Gosson's when he tld her
not to be afraid.
The testimony showed the existence
nf Imnroner relations between Mrs. Bo
noml and Gosson. She wrote letters to
Gosson when he was working near Ore
ana, iaaho. Mrs. Bonoml visited him
thra 10 dava. llvina as Qosson's wife
at Mr. Penrose's home. Mrs. Bonomi
then returned to The Dalles to live with
her husband.
Other witnesses were Introduced by
the state -o show Gosson was at fen
dleton before and after the crime..
Opening of the Trial.
Nearly the entire day yesterday was
taken up in the selection or tne jury,
nn,i ir mnn had to be examined before
the fury was complete. The 12 Juror
are Robert Rardwlck. W. F. DoaK,
rhnrlea Fralev. F. E. Cotty. W. F,
rinvpr rv w. Cook. G. L. Harpham, A.
M. Kellv. William N. Brown. E. J. Mid-
dleswart. F. B. Friedly and A.' H. Fllgg.
niatrict Attorney Menefee outlined
thm atntA'a rase. He asserted that Gos'
son confessed him guilt to the officers
when broueht from Pendleton to The
Dalles. This, however, was not brought
out in Sheriff 'Chrisman's testimony on
the witness-stand.
Attorney W. H. Wilson, counsel for
the defendant, outlined his case Drieny,
Mr Ronomi. the wire or tne mur
dered man, was not present at the trial
vftsterdav.
The witnesses examined yesterday
were Charles li. Matney, i-ranic mat
ney. Coroner C. N. Burgett and Sheriff
Chrisman. The statements of the wit
nesses who were first on th scene
after the shooting were substantially
the same.
Story of the Marder.
The murder took place early in the
morning of August 6, 1907. Then wit
nesses told how Bonoml was found dead
In his bed under a cherry tree, how his
forehead was shattered by a gunshot
and how the center of the forehead was
Jtenetrated. The hole wag about two
nches square. It was Mrs. Bonoml
who conveyed the news of th tragedy
to The Dalles. She cams to the ma
ternity home and phoned to the city for
Dr. Ferguson, who In turn called up
Sheriff Chrisman. Both went to the
scene and others followed later.
M'KINLEY ONEWAY
. ? BACK TO AMERICA
(United Press Leeied Wire.)
Mnnnlnlii Feb. 14.- In charge of Of.
fWr J. F. Kerrigan of Portland. Orerori.
Horace G. McKlnley, wanted in the lat
ter state on cnarges involving- iana
frauds, is en rout to San Francisco
from Honolulu on the steamship Amer
ica Maru. Th Maru arrived her today
from- the Orient. McKlnley was arrest
ed a few days ago in Mukden. China,
thereby ending th Ion- search for him.
After a long delay and much nego
tiation the city council and the park
board have reached a decision to re
shlnale the big Forestry building at
the Lewis and Clark fair grounds. Three
carloads of shingles and 600 pounds of
nails hav been purchased for the work
and in a day or two a score or mors of
shlnglers will start In on the big task
of nailing on 180,000 Washington cedar
hlnglea. The estimated cost of tha
work Is $S,000. The building was orig
inally covered with shakes. These have
rotted away until the roof Is little bet
ter than a sieve, and the whole interiol
of the huge structure is damp anl
moldy.
At the suggestion of Mayor Lane the
work of reshlngllng will be done by da
labor, under a foreman. By this means
work can be given to a considerable
number of men who are out of employ
ment.
WHITEWASH COSTS FRITZ $50;
BUT HE GETS THOROUGH BATH
Fred Frits, keeper of the notorious re
sort at the corner of Second and Burn
side streets, was fined B0 in the police
court this morning after having been
adjudged guilty of the formal charge of
conducting a theatre in a saloon.
This particular case has been hanging
fire in the police court for more months
than any on connected with it cares to
remomber, and has been, directly and
Indirectly, the cause of many grave ac
cusations acainst members of various
rf.narimnnta of tha city government
With the disposal of this charge and
with .the coat or wnitewasn recently re
ceived at the hands of the city council.
Frits goes forth with a clean slate. Hli
raanrt is still in full operation and
bears the same unenviable reputation it
has always enjoyea.
HAVLEY POSTS UP
Oil PUBLIC SENTIMENT
Representative W C. Hawley. who
left for Washington this morning,
spent yesterday ' afternoon and last
night In Portland In consultation with
tolitlcal menus, naving coma w"
rom Salem to get a line on local pub
lic sentiment In the ecramDie tor
United States district attorney for
n.n Mr TTawlay Insisted that he
knew nothing of the delegation's inten
tion, beyond tne xaci uai 11 na w
xr,mwAmA T J Cleeton for the appoint
ment. He seemed anxious to find out
what the public feeling Is with regard
to the delegation's selection and seemed
urorlsed when told that tJleeton naa
t of the supreme court
tha Multnomah circuit court Judges and
a majority of the Portland bar.
Hawley spoke of the fact that Judge
George H. Burnett of tsalom naa neen
mentioned for th place, and said he
thought that sucn an appointment
wntiM ha ideal and that there was no
better man In Oregon for United States
district attorney. Mr. Hawley spoke
enthusiastically of the prospects of
beneficial legislation for Oregon at this
session of the . congress, naming, the
three subjects , that, mainly interested
him. as an enen river, improvement of
Coos Day-ana tne purcnasa or mi gov
ernment or tne Oregon uuy jocks.
FIERCE TORNADO
III SOUTHWEST
Whei will be no rivers and harbors
111 this session of congress," said he.
tn; Oregon ueiegauon win ; gei
in''-'VhD to take car of the
t at"
but
affairs
stat ihte
It 1 and!
4th ftext session, when
d ffctt a" liberal aBDro-
lver ana narbor lmprove-
able tO'get sppronrlr-
blle buildlnn at Roseburr.
Albany and Oregon City, and - anQiddl
tjopal appropriation for. Eugene. The
ittee on public buildings naa
esjk matters before it. now." .-
.prlatlon fef
"I hope
wons ;ror
it XebanW..
ebanonJiOr.. iFetJ. 14.-rAt about 6:S0
laBCnighx rir;-was discovered in th
roof of the ,larg two story frame
buildrnw'fif- the &t: XJ..H. i of this city.
The fire department soon had ' the fire
out, with 'htft little idamage. j Jlad not
the fire been discovered, Just at the
time it wa Xebanon might have had
one of the ggt fires in the'hletory
Of the town. Th fire Is sunposed to
hav started from a spark falling upon
th roof from th. brick fin. - ,.j
. (Doited Press Leased WIr.)
Mobile, Feb. 14. A special from
MoBSvllle, Mississippi, says a tornado
struck that place early today, killing
two negroes and Injuring several.
Twelve buildings were blown down.
Unconfirmed reports are reaching Mo
bil of damage by storms In the vicinity
of Hattiesburg, Mississippi. All wires
are down.
Dallas, Tex., Feb. 14. Reports re
ceived here today state that" a tornado
struck Tyler, Texas, early today. Kev
oral persons are reported killed.
GOES TO BEING BACK
BUNAWAY DAUGHTER
'To bring home his runaway daughter,
Pearl, who disappeared from .home
about two weeks ago, J. A. Anderson
left for Spokane this morning. The
girl wa in the custody' of the juvenile
court at Spokane. She was arrested by
the, police in company with Chrla An
derson. Miss Anderson says sn left
horn With Chris Anderson, because her
parents wished Ther td marry another
man . whom she did not like.
- aeorae McCartney, wno naa oeen pay
ing attention to her in Portland, is the
person VOom rean Anunon says nar
parents - wiBiiou ii iw w
Pir Will. Jul O. A"uni ou, buv uivuivi u,
ha Vlri. aaid that Chrla Anderson had
mnt taatxt- her -daughter as- tt aren tie-
man should, and that at no tlm did he
Intend to marry ocr, nn,Anuarvn
.i that, the man with whom her
daughter eloped' had never been at th
home, and she had seen herself but
once. - i
" ' Candidate for Justice,
n. R. Down has announced himself a
candidate for luetic of ' the peace for
th St, Johns district. .; . - ,
Is BDswetlBg severttttawats feerels.' sleese
Motion Ike JesxaaL -J ., .
Land Holdings Will Be In
vestigated by the Gov
ernment. j
(Dalted Press Leased Wire.)
Washington. Feb. 14. Another blowl
at the railroads controlled by Harrlmaal
and other magnates la contemplated Inl
congress. The senate committee on Ju-I
dietary will report a resolution directing!
that the attorney-general Investigate!
me inna-noiaings of railroads, to 'find
out if they are refusing to sell lands to
settlers at reasonable prices. If they
are doing so. the attorney-general will
be directed to take necessary steps to
i-uiuuei me roaoa to sell lands in ac
cordance with the terms of the grants.
Senators Fulton. Depew and Overman,
the subcommittee appointed to Investi
gate the matter, reported the matter to
the committee of the whole.
The roads to be Involved in the In
vestigation are the Southern Pacific!
and the Oregon & California Most of!
the land to be affected la locateU inl
Oregon. Senator Tillman ays thel
Northern Pacific should not escape the!
iuiuaiiun.
WATER BOARD FEELS
IT HAS BEEN SOAKED
memc-ers or the water board trel
vexed at the action of the council inl
selling aside 142.000 of the water I
boards annual appropriation for thel
purchase of Are hydrants, claiming thi
the expense for thir part of the service!
snoum do Dome ny Tn nre department!
tor years the flra anirtm.iii
cumueiiTO 10 Duy tne nyorants and in
stall them at the deoartment'a amanM.
k8.' councilman figured outl
that the hydrants, properly belonged tol
the water . deDartmant mil rnmn.ni I
th department to purchase 100 hyd-l
rants. When tha wava nrA mum n..l
mlttee met to appropriate money fori
iim vanoue departments for this year. I
the members set aside $42,000 for thel
purcuuaa 01 ouu nyorants. 'I
NOW the water hnarA ,ln Kl
lieve . that action legal and yesterday!
,j u.Vy i-orney tiavanaugn to con-l
elder the matter and render an opinion. I
PLANT THOUSANDS
OF EOSE 'BUSHES
Monday afternoon at 1 nVinMr thai
fhembers of the Rose Festival commlt-l
tee on rose planting day will meet with!
the city park board to complete arrange-1
iiianva iur ine pianung or 6,000 rosei
bushes in the publio parks on February!
. receivea toaay Dy tne com-1
mlttee included R. B. Slnnott, 50 plants:!
Alexander Sweek, 60; and Ellis O.I
Hughes. 100. The Kennel club will also I
nittive a, lurga aonaiion today.
STOMACH ABUSE
yctar to Oaests of SweU Hotel oil
Hot Springs.
The closlnr health leetura of tha anh-l
scrlption course arranged by the guests!
vi me lasnioname noieia or nai Knnnira.
Ark., was delivered by a physician of
national reputation. He scored tho
wealthy ana Deonle In ireneral on ihalr
istreatment of the stomach which 11
le lountain neaa or neaitn. Bv ovar.
eating and Indulging In foods of too
mucn? acia ana too many sweets indl
gesuonvjpr)uglit on- which eventually
is responsible for most diseases, es
pecially rheumatism and kidney dis
orders.. Ma advised that the flraf Inril.
cation be promptly relieved; the syrap-l
toms being sour stomach, belching and!
ick neaiuacna. . c
For thl purpose and also the cure!
of dyspepsia he highly indorsed whstl
is anown a in r-asieur xormuia, 1 Thlsl
was given to the audience who were!
ioio io -copy iv, . ,
"Two ounces Essence of Pepsin, three!
ounces oyrirp or -Minger; one ounce Ca
tandtr Comuound. These to ba ml-wun
and used in doses of from one to two!
teaspnonfuls r after each meal also at I
bedtlme-for th first week."' .' I
iThe ingredients- obtainable from ehvl
good omg store, and. th doctor added!
tnai wine. - im . treatment one - could I
easily, regain." normal digestion
waru. on .setiuus compuoauonsv
and!
I , ,