10 . v THE OREGON DAILY JOURNAL. PORTLAND, THURSDAY EVENING. MAY 7. 1908. , J EiViPEROR'S BIRTHDAY f ' t a n.l.l,..in 71 i a Sixtieth Anniversary and 1 Vienna Is Gaily Decorated in His Honor Cunsrat : ulafced by Rulers. MARTIN'S STORfdY LIFE .AMONG IDAHO MINERS Suspected of Implication in Death of Partner So Kept in Jail for Another Offense While the Evi dence, Wa&JBeing Secured , : (Cnltea frmm Leased Wire. I Vienna. Mar 7 The emperor of Ocr many and four rullnjr German kings and princes . personally congratulated the ' '.venerable Emperor Fran Josef today " on the sixtieth anniversary of his c- t ceaalon to the Auetro-Hungarian throne. The ceremony took piece at the Schon i bruin palace Just outside of Vienna. 'It was "the most brilliant royal gathering Europe has known during the present ' generation There has been no such as sembly of monarche since tne conven . Hon at Vienna nearly 100 years ago, .- when tha man of F.nrone was rearranged after the great Napoleon had changed ' Us boundaries. The city was gaily decorated. Flags and burftlng stretched across the streets, and nublio buildlnrs. private houses and office structures had their fronts era )lncnnH In a mass rf color. Thousands of visitors poured Into the capital, many coming from the most distant Darts of the empire. The streets were almost impassable because of the throngs or slgntseers. The German rulers, with the ezcep ' tion of Emperor Wilhelm, all arrived , lasr night. " . During the night dozens of court car ,. rlages, drawn by pairs of the emperor's . famous breed of grays, dashed to and from all the rail wav stations of the metropolis, conveying the royal guests ! and their brilliant suites to Hofburg, 1 the imperial residence in the center of . Vienna. . . ' The Germans were me! af the sta- "tlons bv Austrian archdukes, of whom nine, including the heir apparent, were tolled off bv the emperor for tnis amy. The chief guest, the .Emperor Wil- helm; with the empress and daughter, arrived this morning direct from Corfu, . and their appearance produced a scene almost as brilliant as the later state reeeptlon. by. Fran. Josef at-Abe-. -Sehon- ' bruin. - The day was fine. Fran Josef hlm- . self welcomed his brother emperor at Pending railway station. He was ac ; rompanied : bv all the archdukes and archduchesses In Vienna. ' JEALOUS SIVAINS BEAT E SUCCESSFUL SCOR T - Thomas Adams, 17 years old, residing at 62S East .Twenty-first street, lies at t Ms home lu.-f a critical condition; Oil t Martin, Bruce Strange and Roy Antonl- - tne juvenile court. The primary caus1 being glai ; oi an una is a pretty i-year-oia girt. . Muturaay nignt Adams took tne young f ladsr borne from a merry-go-round party, r It Is claimed that one of the three who ' were arrested , asked for the favor and i was refused. - Incensed, they followed t the couple on the car until they alighted, g when they set upon Adams and beat him f severely. v At the police station last night they ; admitted the fracas. This morning the ' trio Intimated that there had been pre- vious ill feeling. . The physician attend- lng Adams said this morning tl.at an : operation would probably "be necessary , on Adams' bead, as a blood tumor has r developed. . The boy's kull was not fractured, but there are several severe , abrasions of the skin - . , TELL MUSICIANS OF - THE ROSE CARNIVAL i- E. L. Rice left this morning for St. Louis to represent local No. -09 at the annual - convention of the Musicians' Mutual ; association which convenes there nest week. Mr. Bice took with him a lot of lit erature and Information that he intends using with a view of boosting the Rose carnival to' be held here this summer. Mr, Rice is a member of the Portland Symphony orchestra. He expects to re turn immediately after- the close of the conference. - ? CRAFTS SOCIETY'S ! SPRING EXHIBITION I ' The spring exhibition of the Arts and ', Crafts .society "will open with a reception Tuesday evening,' May 19, atthe. At Museum, when members of the society, ; their friends and the press will be in- vlted to see the articles of eraf tsman ! ship. Much beautiful handwork is ar ; riving from eastern workers, and Port - land craftsmen are sending In many in teresting things. - There will be bas . Itetry, leather, books, textiles, jewelry and all that goes to make an attractUe ;' and varied showing. The committee on exhibits Is Mrs. Lea Hoffman. Mrs. Hugh Hume, MissjGeor rina Burns , N. Fleischner and Ellis i". lwiwrence. "Doc" Martin, as Edward H. Martin, charged with the murder of Nathan Wolff, is known to central Idaho, laid In jail at Orangevllle for a period of eight months, while the- Idaho, county authorities were Investigating his con nectlon with the murder of a mining partner named Bowen, in Warrens, in the spring of 1905. Martin, who is an expert mlnerafo gist, was brought out to central Idaho a start lit the Warrens mining camp, a wild and woolly hole In the Thunder Mountain district. In company wltn two other men, including Bowen, he Prospected and set stakes to a claim which was thought to be exceedingly rich in mid ore. The trio worked the claim until the spring of 1906, when the dashinr ex-arm v lieutenant thousrht Tie uncovered a plot to make away with mm. Those were days wnen everybody netted on nis six-snooter in tne morn ing, where there was little law except what the miners agreed upon thera-sjelves. ' JBowen Disappears. 'One dav Bowen disaDDeared after a heavy explosion of giant powder and was never seen alive again. That left ixc and tne third miner t-work the claim. For weeks the little mining community searched for Bowen, Martin Being one or the leaders. If there was ever any susDlclon at the time it was allayed by Martin's actions. Several months later he disposed of Ms claim to his partner and went to Florence. Idaho, where he continued bis proBDectinsr. Martin became known to all the miner along the trail from Florence to Warrens because ha doc tored the sick and Injured. That earned him the sobriquet of "Doc." and bis given- name was never known except to mis immiairB. ' , Arrest of MarHn. Doe-" W - mwmmtiul - In - VImmm.. Charged wjth stealing a shotgun, and' taken to the county seat of Idaho coun- at urangevuie. Me was visited by O authorities who - wnr1 tn fniMn the expense of a trial, which would ne cessitate Hanging witnesses 'over the trail from Florence, and tried to induce Martin to plead guilty, promising him a light sentence. This he re'f iiHert'tn An and remained four months in jail be- in" unaify consenting, w - r . In the meantime thn ahnttereri hna f Bowen was found at the mine. and. mm. pecting that Martin knew something about his death, an investigation was about to be made. The information, however, was kept from Martin, and when he was finally induced to plead guilty he was given a sentence of six months. This enabled the officials to make a -search for evidence. They pur-' sued It diligently . ail over the Thun der mountain district but nothing could be found upon which to base a convic tion. Martin leaves Idaho. When Martin was released from the Orangevllle Jail nothing more was heard from him for several months. FlnalTy came the information that he had been arrested in Moscow, Idaho, upon a small charge. He made such a rum mm that he was given his liberty on the promise of leaving Latah county, the officials d to be rid of him. me next neara or Martin he was a student of the University of Oregon medical colleee. He hurt nminiaii in the meantime, and told Idaho friends whom he met here that he had won his father's forgiveness, had dropped the drug habit and become prosperous again. . .. Planned an Airship. Martin's life history has much of ro mance in l. He was considered a vis ionary chap. ' In the Idaho county Jail, where ha was accorded the privileges of a trusty, he spent hours telling his friends of camp and army life. He told them of his early school life, his gradu ation from West Point with highest hon ors,, his campaigns in the tropics, then the terrible yellow fever, and finally of the morphine habit He recited Shakes peare and let his friends in upon an air. ship secret he had been working upon. Martin would reserve the choicest bits Of his history for his best Triends. To these latter he told of his drop from a position of honor to one of degradation how he 1 became a dope field, then a kleptomaniac, and finally an admirer of scarlet women. On Great White Way. Being young, handsome, quick-witted and brilliant, he won and kept the friendship of Gussie. McKee, the notori ous "poolroom aueen'' nf Mm They were Inseparable companions on tae great white way, and In entertain ing her he went beyond his means. To get money to lavish upon his favorite BOOKKEEPER; TOOK $4,498 EAST SIDE DRY VMR BROUGHT INTO eOURT W. EDoiiglasrEmployed.by inici ueiecnve Agency, Has Confessed His Guilt, Declares' Manager Clouse Gambled. Away Money. J :, ' Gussie stuck to him, and together they returned to New York a marriage short ly following. His father turned hlih adrift, and this was the end of Gusse. Bite was killed shortly afterward, inff a Bowery saloon brawl. MARTIN'SFATHER HAS NOT YET LEARNED OF SON'S IMPRISONSIENTTtwo" Agency In this city, wl E. Douglas was this morning arrested on a complaint sworn out by D. L. Clouse, manager of the agency, charging bim with embei xllng $4,498.40. Douglas admits bis Mr. Clouse says Douglas showed con summate skill In his peculations. Until April S 8. when Mr. Clouse accidentally stumbled ; qn ' Irrefutable evidence of Douglas' guilt, he bad not the slightest suspicion regarding; . his - bookkeeper's honesty. ..- The evidence was in the ahana nf a letter, and, Mr,: Clouse asserts, not only he misappropriated funds at Fort Ham ilton. Upon the discovery he was court martialed and dishonorably discharged . Ul'l lltci DC1 Although several telegrams and cables have been sent to various points in Europe trying to locate the father of Edward IL Martin, none of them has reached him yet.. It is not known where he Is at present, the last card pomlnir several weeks ago, when he- was at Monte La no. City Attornev Kavanauah has been acting on behalf of Mis. Martin and has been endeavoring to locate Martin's parents ror her. A telegram was re celved by Martirr this morning from "TIP" fhalan. a well-known New -York politician, which was as follows: - "Teddy, 1 am- with vou. Is there any thing I can doT Telearanh the St. Hu- oeri. xip naian. It developed this afternoon that Sena tor Geariri. who wad retained to act in the case,- may not be able to represent Martin, as tne nrm or.DoiDh. Mailorv Simon & Geartn is cerine for the astata of Nathan Wolff, the murdered pawn broker. Mr. Gearin stated at noon in quite unmistakable language that he was not at present at least. Martin's counsel. William McGarry. Seneca Fouts. John LoKan nnri Da nisi Malarkev all have a finger In the pie, but have not f'et aeciaea to take the case up. They iad united upon Senator Oeftrin as the deal man to renreaent them, but the complication of the Wolff estate will probably prevent that.' Clt Attorney tiavanaugn ta acting ror mm. Martin, butwill not represent Martin In any way in me muraer trial. j SPANISH WAR VETS "SECURE ATTORNEY FOR JAILED COMRADE The Polo club of the Spanish-Ameri can War Veterans' association has "come to the rescue of their fellow member. Edward Ji. Martin, and the club s presl dent, Seneca Fouts, has been selected to represent Martin In his trial for the murder of Nathan Wolff. Fouts had a long conference with Martin yesterday in which he. assured him that the Veterans of the Spanish-American war would see that he was given every pro tection possible. Mr. Fouts Is prepar- "a in ueiiiu muriin in me case. J ri he advent of tha war vntunm .rn. plicated the tangle of the attorneys concerned in the Martin defense,. As win as. vviuiam Mcoarry, , who was asked by Martin's New York , agents to represent the prisoner, heard that Fouts had ' entered the case he notified Martin that he would have nothing further to do' with it and tele graphed the New York lawyers to that effect. , "I Hnn't wn n t tVio a ..u Mr. McGarry, "although I believe, after luiiunK wiui xuariin tnree times, that the police have got the wrong man." But ina 1 1 in b jjbbi reora is against him I don't want to be mixed up in it in and Anw worn, IJ . T U.H.... 1 i . ... " l i uciinva jits is innocent. MARTIN TAKEN TO PAWNSHOPS FOR IDENTIFICATION The police took Martin to several pawnshops this morning. At each one they asked If the clerks or proprietor had ever seen Martin. At a north eni Jewelry store they exhibited a small ring and aBked the proprietor if Mar tin had ever SOld a itlnmnn.l rlno about that size to him. He replied that ne bad never seen Martin before. At Uncle Myers' place the police asked the clerk if he had ever seen Martin 'previously and as the latter transacted his business with Mrs. Myers the clerk had never seen him and aid so. . Martin's garnet West Point class ring was pawned for the last time by Mar tin when he obtained $6. on It from uncle Myers' pawnshop onIThlrd street The ring Is still at thlsplace and un.. redeemed. Martin pawned it the day before the murder. He told Mrs. Myers It was worth S68. FLEET OFFICERS JIT RECEPTIO! Tub . Suits all j ready for the, boys! Water, sunshine, soap and wear-and-tear won't ' j hurt them, and they are " the , prettiest lot we've ' ever shown. . ' Russian and sailor styles sizes 1 3 to 10 years. Prices 50c up to $5.00. CLOTHING CO CciKiiJuxPrcp . 166-168 THIRD ST.. ; '(Special DUptteh ,.o The Journal.) Ban Francisco. May 7. Following the big parade, the Fairmont hotel at noon today became a scene of military and social animation. The spacious lobby of the Knob Hill Hostelry was filled with smartly dressed society women and gold-laced officers from the battleships and of Governor Gijlett's executive staff. The occasion was the governor's for mal reception to .the officers of ihe fleet and the reception committee in San Francisco. - Governor- Gtllett's staff, assisted by Mayor Edward -Taylor and the mem bers of the reception committee received the sailor men in the big red room of the hotel. All the officers who rnA in the parade hla morning were pres ent with the exception of Rear-Admiral Evans, who was unable to attend tne junction. At the conclusion of the parade "Fighting Bob" jwas taken directly to his apartments at-the BL Francis hntol and remained there throughout the af ternoon, xne- rormai reception of the governor in the red room was aug mented oyan tnrormai reception in the hotel lobby, at which friends and rel-r auves 01 me rieet orncers had an op portunity of greeting them. -At the conclusion of -the rerenttiu governor uiiieii and ni siair were en tertained at luncheon in the Fairmont grillroom. 1 M-MBHHMM-.W.HMMMMMH. V WANT LOWER STEPS OX STREETCARS At its annual meeting held yesterday the Portland section of the Council of Jewish Women adopted the following resolutions:'. ' ; '-r-.-.. ' ' FirstFavoring- an appropriation for the 8tate university at Kugene, Oregon. Second rA recommendation to incor porate the kindergarten with the public schools, giving all children between the ages or 4 aid s tne oeneiits or tnis ex cellent system of training. - Third petitioning the city council to order the lowering of the steps on all streetcars. . , . - " ' Value of Rrhloth Estate. : ' M. r. Dolph, W. G. Cox and Hugh CL Gearin have -appraised C4" tetate of the lste Ida gohloth. ftxingTfte value of tae property at 5,5 00. RECEIVER FOR PRONE mnn'i A receiver has been appointed at Van couver for the Washington Home Tele phone company, organized by S. V, uavloor, J. D. Eaton-end associates, and recently In trouble In Portland, owing The receiver is Mr. McMaster, an at torney, member of the firm of McMas mr dc obck. it is reported that the company is In arrears about $3,000 to ."..v,.c,o o.,u uiuera ior worg and sup plies, and tnat the workmen Instituted wi a. icuaiveranip, CUSTOMS COLLECTOR'S SALARY INCREASED Liquor ; Interests' attorneys Attaclc thej Validity of the Petition Rutherford Admits Some of Their ' : ; -'Points, but Springs New Contention'' DIUCES 1 COIIDEIJED Warring clans of dry and wet fought fore violates section 14 of the local op- .u i t. .v. ka tk act. ., kivuou v.... Tohn F- Logan followed, declaring morning. Thirteen local option petitions that the east side petition violates the showed that -Douglas had not only been tampering wun me- oooKs, out- naa sys tematically intercepted all letters to the Portland agency .from the head office In Chicago, where daily financial reports were submitted, destroying - all those wnicn mixnt. tend to incriminate him with the home office..- A nril as Mr. Clouse - seeured a letter from the Chi cago headquarters asking- about some money collected. - He believes this let ter was overlooked by Douglas. The letter led to an immediate invoa. ligation, ana Mr. (Jiouse isvi. ta the bookkeeper's confession that he had be come imbued wun the gambling vice, squandering all of his illicit gains on it, Douglas casfa mother, sister and broth, er living in Portland. He has been in Oregon about three years. He came to Portland from Baker City. Before com ing out nere ne lived hi Philadelphia, his birthplace. He is ssld to bear an excellent reputation In the latter place. SELECT JURY TO TRY SMITH are pending,' and chief among these 1 the one asking that an election be called In June for the east side precincts as a whole, except No. 61. Tha bearing wis morning was for the purpose of decid ing whether or not this east side peti tion has any right to appear on the bal lot tn June. ' The liquor interests contend that tho antls have been empaled on a prong of their construction, as it is auegea tnat the petition to abolish saloons in fort land east of the Willamette violates the local option law. This position is vigor ously assailed by the cold water men, who assert that the law allows them 10 use portions of precincts already, dry to enlarge tne ary territory. -a Decision Zs DefewedT Judge Webster and Commissioners Barnes and Llghtner did not finish the hearing this morning. go confusing are the petitions and the questions pre sented that nearly an hour was con sumed" in taking the "lay of "the land.'' Then the attorneys settled down to ar gument, which was resumed, this after noon at 3 o'clock. A decision may not be given for several days. v Ralph E. Moody opened the battle Irr behalf of those opposed to the general east side petition. He and John F. Lo- ?an announced that they also appeared o oppose two other petitions, both pr plying a precincts Nos. 80 and tl. in eluding the city of Bt. Johns. Opposing them was Frank B. Rutherford of Ar leta, representing the dry Interests. Emphasizing his main contention as to thn illevalltv. of the east side peti tion, Moody pointed -out that local op lion was voted on in June, 1905, tn what was then precinct No. 40. The precinct went dry. In November of the same year the precinct was divided and pre cincts Nos. 41 and" 43 were created from It. At the citv election In June, 1907, precincts Nos. 41 and 43 again voted on the question and again went dry. In November last the precinct lines were again changed and true territory em hraoed in Nos. 41 and 43 now forms pre cincts Nos. SO. and 5J and a portion of .NQS. 48 and 43. ,' Ueclates Tots How Impossible. Moodv then.Jnolnterl' to the clause in the local ODtlon law which declares that after any subdivision Of a county goos dry the question shall potagain be voted on for two years Within-that ter ritory, except in the county as a whole. As the territory referred ty went dry last year, he argued, it is plain that no vote can be had. this year, unless the whole county votes. Moody next pointed to section 14 of tha loc&l-ottlon law. which says: "In no case where prohibition has carried in anv subdivision of any county shall an election on this question of prohi bition be held thereafter In any pre cinct of such subdivision until prohibi tion has been defeated at a subsequent election held for such entire subdi vision." Under this provision, Moody asserted, no election can ever be held In a por tion of the territory referred to until all of the terrltoryhas voted wet. In the present case the east Bide petition excludes precinct tl, which Is a por tion of the subdivision that was carried by the drys in 1905 and 1907, and there- spirit of the local option ."If it is true that prec (Special Dlspstch to The JonrmL) Prineville, Or., May 7. A special ve nire of 20 Jurors summoned by Sheriff Elklns yesterday And last night were present at the call of court this morn ing. A large crowd was assembled in the courtroom when court was called by Judge Bradshaw. Defendant Smitn, ex-aneriir or urook county, together with Larkin Elliott, his wife nnd father, were present, be side Smith's daughter and wife. Ex Congreesman J. N. Williamson was present, and conferred with his attor neys, W. A. Bell, Frank Menefee and H. 8- Wilson, from time to time as the plot In the case developed. , xne jurors examined were as xoiiows: Walter Ruble, 8. F. Culver were1 ac cepted, J. F. Taylor of Prineville was taken. N. A. Newblll of Grizzly was ex-. cused by the defense and John Steibel of Bend was taken, C R. Henry of Paulina was excused by the state, J. W. Wil of Sisters was excused by the de fendant, J. S. Wlndom of Culver was taken. G. B. Milliron of Crook was . ex cused by the state, J. F. Welgand of Lamonta was ( taken, H. L. Prlday of Hay Creek was excused bv the defend ant, J. E. Wlmer of Sisters and I. W. Stear of Prineville were excused by the court, C. R, McLallin of Redmond, G. W. Updike of Laldlaw and H. K. Taylor of Haystack were taken, M. Nlswonger of Hollow Butte was excused by the court. E. C. Faught of Prineville was next ex amined and after 20 minutes of ques tioning was taken as a Juror: W. R. Smith of Hollow Butte was excused by the defendant. Ralph Moore of Hav Creek wan taken after exnmlnAtlnn nnH took his seat as number 10 In the Jury pleasant and painless and general James box; F. W. McCaffery of Redmond was ! Kerchem and Dr. Coe have written a FULTOIIITES FEAR eOflTOH Multnomah county delegates to the state convention, 47 strong, are ex pec ted to meet tonight at the head quarters of tha Republican county central committee to get acquainted In order to make the Introduction law. creclncts alreaitv voted dry may be combined with others that are wet, thereby making the larger territory wet. it will De possiDie to run a shoestring of preclnota through the county, overwhelming certain- weMpre cincts with others that are known to oe neavuy tne otner way," he said. "Take Precinct -89. That is University Park, a portion of Portland, where very lot is sold with a' prohibition clause In the deed. They Join Precinct wim su ana si,- comprising the city of S. Johns, to get prohibition In St. Johns. They have a- right to do that, and J am not complaining about it, but the icourt can see the Identity of lu What becomes of the spirit of the local uuuun iawT' xnis is nothing Dut prohl bltion, disguised as local option.' . When Loaran aat down. Rutherford came on the firing line. He caused sur prise oy admitting much that the op posing lawyers kad contended for, but brought forward a brand new conten tion. This waa tn thn ffnt that precinct that goes dry, or a portion of It, when it. is subsequently divided, may be combined with other, territory for """"s purjMwes, out tne result would not affect the, territory already voted dry, .even if the wet, forces carried the Rutherford's Contention, A aubdlviainn mo-o- dry, territory." he said "but if it goes wet. "It cannot rhmn th mmiiiinn. in a portion of it that lias previously gone .. i.' " aiiows us to extend the territory. Tho nnnvia, nl ih.lhu i enlarge territory that is dry. to re etraln a thing that we say is evil." itutnerrord- itt u.. i - - - - - ------ v ...... uuuer 1 1 1 c i"we to Bupport his claim, saying that the Oregon law Is modeled on the Texas law. It M that t. !i.. it- election is ordered -and the out .iri. f.08. T7 ,thre may be a contest as to I '"Elusion of precinct to. adding that k. "! or-tne petition Known that 50 had Alresriv vnlarf Am ti i.i have been left nut. tha n r... he argued that this was a matter for another court, and that the county court fhouidi admit A,he east ld9 Petition on the ballot as It stands. znoi , Interests' Fetltlon. nf5e.sardlli8r, other Pending petition. Moody and Lrfigan argued that two of ramril?r,KK U 8tt Johns precincts. J7X ifi11, becau,8e they are In con 5ti i.a JP':evfou8 Petition of prior Un?veihtyhpi?teS preclnct ,tn The liquor interests supported a peti tion covering precincts 6. 61, 62, 63 69, , ! iV. t D. II. 7S anfl' 7Q a nl 44, 46 and 47. ug tnese, put ap rfunctory way. his other embracing 42, 43, xvumenora is opposm ... uiiij a penunciory way, his b".b uoiuic tureciea toward upholding itsnssftissf Cft,,,on backe .??8hanl P,rclnct is involved in three Pfi.iT.v in on of tneBe a vote is asked in that precinct alone, in another t Is combined with Powell Valley, and in another it Is mine ih niL'?"z . .. - - . V'l 3. VVV-IV W MUIL Another eoantry subdivision to vote is composed of Fairview and Troutdale Other petitions In the clty re for sep arate precincts, Nos. 8, 0 and 67. In none of these is any fight being made regarding the legality of the petitions Methodists Declare United States Legalizes , Polyg- amy byx Granting Separa tions Without Sufficient Cause Being Jhowii. , (TJnittd Press Leased WW.) ' Baltimore, Md May 7. An address ef the bishops attending the big Meth odist Conference being held here - de clares that divorces granted in the Uni ted States permit polygamy and advises the Methodists to aid In a movement to eecure a uniform divorce law, with adultery the .only ground for divorce. The , address condemns Mormonism and declares that the political strength of. the Mormon church prevents the en-, foncement of the state law whert the church flourishes. - . Great gains in every line of work of the Methodist church is - represented. The membership of the church in the United States is 8,036,000, and the for eign communicants number 67,000. The blShODS . DDMIm tha nrantlxa nf bishops investigating charges of heresy. tjiiig- mat tne regular comerences or the church handle all such oases better: VDBER HID SOMEWHAT HAZY Washington, committee on favorably on the bill deflnin darles of four customs col laiVr". "ncMMln the to 16,000. n tnat, district May 7. The senate's cuinmerce today - voted ig the bonn- colfectlon dls- DID NOT KNOW WHY HE WAS HIT BY BRJCK Nick Batfick. an Austrian, is on trial before Judge Cleland In the circuit court on the charge of assault on W. W. Cut ler, who conducts an employment vmloL..B.atilckwa,, convicted before Municipal Judge Cameron and given 60 days on the rockpile, from which sen M?tfh aa.! waH Ukefl- Cutler was nliA hihH?Alc.kand knocked down. He fhi hrVkd.lLot.KnoT why Wa'Hck threw nothiwarsiidr d,sp,uu nd It Seaohed, the Spot. taken. F. I- Rlcker and James Whnlve- ly were excused by the defendant, J. T. Tark of Redmond was the last Juror called, and after lengthy questioning was accepted and the list filled.- The Jury that will try this case stands as follows: Walter Ruble, far mer: J. F. Taylor, sheepman; John Steldel. banker; J. 8. Windham, farmer- T V TValvanil "..-... t 1 n' Clellan, farmer; G. W. Updike, irriga tion; H. J. W. Taylor, farmer; E. C. Fait, sheep and cattleman: RalDh Moore. farmer; W, F. McCafferty, real estate, and J. T. Tark, farmer. Witness Buns Away. Word was received from the dentitv sheriff who has been in pursuit of Dick Miller, tne fleeing witness, to the effect nai anoiner norse naa oeen pressed nto service this morning, but he had not caught sight of the man, although there is not more than one mile between them. In stating the case to the lurv. Mene fee presented a map showing the loca tion oi tne premises and the relative lo cation of the former sheriff's residence. ne sneanng plant that was destroyed, he sheen Plant that was burned and the Dobos residence, which was the home of the witness, Larkin Elliott, at the time of the burning. The evidence that will , nrnitiiMit by the state, according to District At torney Menefee, will -show, that Wil liamson owns or leases all land about which these buildings are located. Also that In the fall of 1906 Williamson bought Smith's hay and pasture for 13,000, and that according to Smith's theory Williamson Would have to buy it last fall, and the price was put at $4,000, but that Williamson did not need the hay and did not buy. . Elliott Accuses Smith. 8mltn, In conversation With Elliott,! according to the latter'a story, said' that Williamson must be put out of business in some manner, and on March i 24 these men met and decided to burn the shearing plant and buildings and i other property of 'Williamson. A .word- 1 lng to the same authority they mounted horses and made their way to the build ing and started a fire in the., cookhouse which was burned, and in the .barn, which was situated near the house. For some reason the barn did not burn. After settlntr the , butldlns-a nn flri they left the scene and went to the top of a rocky botte nearby to see if the buildings were burning. They saw that the fire had gone out in tha ahearlnir plant, whereupon they -went back and Smith, taking cord wood .from a pile nearby, restarted the fire In the shear ing plant, while Elliott held his horse. This time the building was consumed. The immediate cause or the burning was given by Prosecuting Attorney Menefee as follows: On -March 26 Elli ott and Smith were working on Smith's ranch and saw a band of Williamson's sheep at a point very near, if not quite on. Smith's land. This so enraged Smith that he said to Elliott. "Some thing must be done and we may as well finish this- matter, right now as any circular letter to each member of the delegation calling the meeting, setting the time and place and outlining ttu object of the gathering. There are a number of the delegates. however, who are looking at the tn vitatlon " with "iomej, 1 sfcuplcion. Both Kerchem . and i)r. Coe are strongly tainted with, the Bourne doctrines. Or. Coe is the original-' Roosevelt boomer, after Senator . Bourne of course. --Kerchem is also loud in his argument -for an unlnstructed deleaatlon. . The Fulton men in the' delegation are afraid to go to the meeting tonight for fear it win be loaded wltn juourne ayna mite. They are afraid not to go for fear that the Bourne contingent will spring some surprise on them if they are not there on guard. It is probable that they will go,; however, and take a chance of coming' down in good shape even If the dvrtarrrlte is touched off. The fight for the control of the con vention is now in run swing, .mere are two Taft headquarters at the Imperial hotel one labeled "Fulton-Tart Head quarters" and the other plain "Taft Headquarters." The second Is preside! over by Frea MUixey ana s. t;. jaeacn. The first by Clyde Fulton and C.i W. Halderman, private secretary for Sena tor Fulton. The Bourne headquarters are up in Senator Bourne's olttce, where John C. Young holds sway. From now on until Thursday, May 14, the wires will be strung out over the state to reach the delegates ana arag mem into the different headquarters. In the op eration It Is expected that the wires will be crossed and that out of It will grow a most beautiful tangle when the convention is caiiea to oraer. THE MACHINE DIES HARD IN SOUTH (United Press !! Wire.) Ban Francisco. May 7. Both the Lincoln-Roosevelt leaguers and the Herrln people are today claiming control Of the coming Repuoiican state convention, but it Is more than likely that -the-matter will not be decided until the work of oraanizlnsr the convention is taken in hand. The leaguers are depending on the committees in.counties In which the delegates are to be-appointed to stand by them In their- efforts to smash the machine, but the Herrln men say., they have enough appointive votes promised to give them control. President Frank Devlin of the --Lincoln-Roosevelt league declares that It Is his opinion that the league will rule the convention. - Strawberry day will be'event at milton Mr. E. Humphrey, who owns a larze I time." It waa on the afternoon of this general storo t VA.., -i.i " I! '.Aav tha firm occurred. Thn vM.ni. win . . - - - - - n viiiw, ami is - -- -:r "... wounty Tele-ir-fr . company' 88 well' as the Home i-uiiiuany or f M count v. T1 T-1 . . . Ohio, says of fry: "It saved m of Pike King's New Discov 1J. "u,a- W. seemed to reach the spot the very beat of my cough when everything ehw, failed.!' Dr. King's New Discovery not only reaches the cough spot ; It heals-the sore spots and the weak spots in throat lungs and chest- Sold under guarantee- at SKldmore xru? rnniTimi i nr. . an and L0O.-Trial bottle Xree. . also show, that Smith diSDlaved Brent anxiety concerning Elliott's arrest, say ing to all Elliott's friends that the best lawyer in the state must be had. Smith made arrangements to have Wunsweiler of Wurxweller A. Co. pay $60 to M.R. Biggs In order to get Elliott out of Jail immediately upon' his arrest. In all of these conversations Smith said that his name must not be mentioned. The out line of the case will he made by the defense this evening and the court ex pects to be able to begin examining wlt nsses by tomorrow morning. .- - Rpeciiil riipntch to The Jourost.) Milton, Or., May 7. Mlltofc will have another strawberry day this year. The Progressive club of the, city has- th-a matter in chares and committe hm- been, appointed and preparations will soon be under way for the event, which It is to .be hoped will exrel all pant festivities of the kind. This event will take fclace early in June and--is looked forward to with keen anticloattnn by all who Rave attended them in the past . : - . .- - - iLv i 'r Mayor Chaffee Dead. " " fCnltrs Pr Letoed Wtre.J -' Kansas City, ' Mny 7. Major O. P Chaffee, brother of Lieu tenant-General Adna R. Chaffee is dead- here of kidney trouble, aged 79t Major Chaffee waaan officer in the confederate army, - SOLD VALUABLE LAUD FOR TRIFLE (United Press Lmstd Wire.) Washington, May 7. Mrs. Nellie T. Dutton of San Francisco testified in the Hyde-Bensort land fraud trial today that she could not recollect that she paid a single cent in getting possession of & B?ct'on of land In California, but admitted that Frederick Benson, one of the defendants, had paid her $300 for the property. Mrs. button said that other members of her family had received similar sums from Hyde. she declared that in all transactions she had appeared before a notary. Walter K. Slack, farmerlv fldential man. Was the next witness. He testified that on? one occasion he went to see Joost Schneider concerning the exact nature of the latter's correspend en.c? ith .the Interior department. He said Schneider had told him if he could get enough money he would get out of mo. uuuiiiry. i ne witness identified a number of applications for land, which AT EMERYVILLE TRACK TODAY Emeryville, May 7. Results: First race, six furlongs, selling, sub scription, 8-year-oJds ; and, up Taland (120), 6 to 6, 1 to 2, 1 to 6, Won; TH- Royal Rogrue llZbh 5 to 2, third; time, IvNAPP APPOINTED OREGON DELEGATE F. C. Knapp, secretary of the Penin sula Lumber company, president of the Brewer-Knapp company, and one of the most prominent; lumber mill men inrthe Pacific northwest, has been named one of the delegates from tills state to the conference of- governors'to be held at the White House, May 13, 14 and 16. . Governor. Chamberlain made the ap pointment and notified Mr. Knapp yes terday. The appointee has not yet an nounced his acceptance of the honor to a seat in a conference for which it la understood many prominent men are clamoring throughout the United gtates, but It is believed that he will do so. since he Is deeply Interested In the sub ject of the conservation of the country's natural resources. . Mr. Knaoo has for years been closelv Identified with timber and sawmllllnR Interests, and he is therefore .considered a valuable man to appear as spokesman lor. tnis ' part ox tne state. at tne com ing conference.. l. v -" . BELIEVED MAN ELOPED WITH 'TWO WOMEN t -,-;-v.- 1 v 'i; -j : : ' Cntteil Press tM4 wlr.li ! " 6 Seattle. May 7. PH. Merrlman, who says he is a railroad man, is in the city Jail and Mrs. Clarice McCullom, 17 years of age, and Mrs., May Burgess, 26 years old. are held by the police as witnesses In a. case that the humane officers believe is a double elopement, TbTm Hurrp.. ,ttv aha is the wife nf a lieutenant of police in Chicago an Mrs. McCullom says she la the wife of a Chicago fireman. . " The trio arrived here J;hre weeks ago from Chicago. Pending an Investiga tion of the Chicago connections of the trio, the police will hold MOrrlman. - (United Press Leased Wire.) Ban Francisco, May 7. The cross- examination of G. IL Umbsen, one of the promoter's of the Parkslde Realty company, in the case of Abe Ruef, who Is charged with . bribing Supervisor Jennings Phillips for -his vote on the jr-arasiae railway franchise, waa re sumed today. - umbsen proved to have a particularly poor memory, especially as to dates and incidents connected with the employ ment of Ruef as oounsel for the Park side company; umbsen remembered that he had a conversation and had supper with Ruef shortly after the Are and before the Parkslde franchise lapsed. Ho could remember anything concerning the pro posed trolley road, or the street over which it should run. Ihe defense objected to these con versations, which were on matters per taining to cnanges in tne franchise. haying nothing directly to do with Ruef's duties In securing the passage of the ordinance. Special Prosecutor Heney has warned two detectives in the -employ of the United Railroads that they must not rollow him, as he is a representative of the railroad, and If they persist in doing so they will take chances. There was a suspicious bulge in Heney's hip pocket this morning. PREPARE FOR JAUNT TO UMATILLA PROJECT (Spc!(l Dtiottch to The Journal. I Pendleton, Or., May 7. The Umatilla Water Users' association has perfected arrangements for the excursion to be. run' to Hermlston May 27, in celebra tion of the opening of the Umatilla pro ject. Committees have been appointed and it has been planned to have the exercises at the church in Hermiscon, as that edifice will hold about 450 peo ple. Among those who will give addresses on that day are Judge Stephen A, Low ell. Engineer John T. Whistler, who will give statistics and data concerning the project; Engineer Hobsori of the Port land offices of the reclamation serv ice; Supreme Court Commissioner Will R. King, H. M. Cake and local speakers.. The excursion train has been request ed by the Pendleton 'Commercial asso ciation and by running the train early from this city people will have a chance to drive out from Hermlston to the dam, giving people a chance to view the entire project. Men will be stationed at various places to explain the differ ent portions of work for this occasion. PENDLETON REALTY IIEN TO GIVE BANQUET (Bpeclsl Dispatch to The Journal.) Pendleton, Or., May 7. The real es tate men of "Umatilla county who will gather In the city .Thursday night will be given a banquet at the Hotel Pen dleton by the Commercial club. The real estate men will meet here for the purpose of agitating the publicity work which will be undertaken In the county, SIMPSON LEBOW IS CLAIMED BY DEATH (Sped) rlptc! to The Joornil.) Cottage Grove, Or., May 7. Thomas Simpson Lehow, aged 80 years, died at 2 o'clock this morning. He crossed the plains in an ox team from Sedalia, Mis souri, to California in ,1849 and settled at Sacramento, thence he went to Brownsville, Oregon, In 1850. He moved to Cottage Grove ln"n86)l and married Anna Shields. Five of his chil dren are living at tbis place. Sawmill Reopens. North Powder. Or..: May 7. Tha saw- 1 mill of the North Powder Lumber company-has opened tn -the hands of a re ceiver, G. M. Metilar of the Clear .creek sawmill firm of Hegsted & Metslar, for the numose of making lumber of: the great plies of logs that have been lying there all winter and moving the well seasoned lumber on hand and ready for shipment. This fine piece of mill prop erty has beerp shfit down for over five months. A . ' WHITENS THE SKIN " The formula gUren below will be - found wonderfully effective for whitening the skin, bleaching -the cuticle and Imparting that creamy softness which Is so de slrable. ,i . -- Two ounces of Rose wateir One " ounce. .Spirits of Cologne, .four ounces Sartoln. Put the Sartoin An a -pint "of-warm wafer; then ftdl the Rose water and Cologne , Spirits, and after dissolved and - cooled, strain through a fine cloth. ; These ingredients are ob tainable from any well-stocked druggist. Apply .'immediately after washing an to -only a por tion of the skin at a time, using .the bare hands. Never use - a , cloth. After one 'part is thus treated, proceed to another. "This" should be done .twice -a day -or , oftener,. and no other lotion, pow der "or cream need be used. - Beneficial- results are -usually' apparent from the first few ap plications. .- . - . - ... .-. -. v .- v :. c i