EAST OREGONIAN. PENDLETON, OREGON. TUESDAY, DECEMBER S2, 1903.
DAILY
Ill
H
OR
A NEW HEARING
hint of danger, or reasonable ground
lor Del tor mat danger exists, is sut
ficcnt support for the plea of self'
defense.
SAMUEL ADKINS DEAD.
HARNEY COUNTY MURDER
. ,, I Passed Away After Short Illness With
j Pneumonia.
Samuel Adklns died In this city
Malor Lee Moorhouse Receives De. I yesterday afternoon nivout 4 o'clock,
ri.ic. Pram sunrem court in ae After a short attack of pneumonia.
1 mu- .1 1 ... . I. l,n
of State of Oregon Against Georqe
S. Miller and James Colwell
Guilty of Murder In Second Degree
Killing Was Over Ownership of
a Colt.
NEW SEATS.
Major Lee Moorhouse, deputy clerk
of the supreme court, this morning
received a decision from the court,
Jn the case of the state of Oregon
against George T. Miller, James Col
tv ell and Bert Bailey, jointly Indicted
for the murder of J. W. Curtis, in
Harney county, on March 2S, 1901.
In the trial. Bailey was discharged
And MUler and Colwell were found
guilty of murder in the second de
gree. The supreme court reverses
the decision of the trial court and
grants the defendants a new trial on
legal technicalities explained at
length in the decision. Judge Mor
ton D. Clifford, of Grant and Harney
counties, was the trial judge. J. K.
Veatheriord represented the appel
lants and the supremo court opinion,
remanding the case back for a new
trial. Is rendered by Justice Wolver-
ton. !
The case in question is one of great j TOURNAMENT AT HEPPNER
prominence in Eastern Oregon. 1
inree siocKmen or iiamey coumy, . Eiqht Events scheduled, With Added
city, having been here and In the 1
clnlty for many years. He was 45
years of age at the time of his death
and was a native of Springfield, Ma.,
having come to this state in bis ear'y
manhood,
The body is now at the undortak
Ing parlors of M. A. Raucr. awaiting
the arrival of his slBtcrs. who are
residents of Portland. They will lie
in the city this evening, and will
make arrangements for the burial.
O. R. 4 N. Adds New Ones to Its
Depot Accommodations.
The O. H. & N. company has put
in a lot of new seats in the depot
which adds much to the convenience
of the traveling public. The seats
are of slat work with Iron divisions.
which make it impossible for one
person to take all of the room on
one bench for himself. There arc
now plenty of seats for all who may
wish to find them, In the waiting
room.
Bert Bailey, went on the night
Mrch 22. 110-, to the premises of J
W. Curtis, near what Is known as
the Narrows, in Harney county, to
recover a colt, which they alleged
was stolen from Miller by Curtis.
Curtis had warned Miller not to come
on 'his premises, and the three de
fendants went after dark, with the
intention of turning the colt out of
Curtis pasture and driving it away.
In the evidence It developed that
Miller was armea with a shotgun,
and was met by Curtis,
The Heppner Hod and Gun club is
making arrangements for a tourna
ment to be held at that place on
Christmas day. Eigut events are
scheduled to take place, with added
money for each event of from f 10 to
115. This, with the entrance fees
added, will make an average of about
$25 to the purse.
Auction Sale of Stock.
Pursuant to an order of the court.
before he . the stock of the T. D. Gaddis candy
reached the corral where the colt in I store, on Court street, was sold at
question was held, and ordered off ! public auction tnls morning and wi6
the premises. Curtis was armed with I bid Ic D-v D- Fechter, the owner
a 22-cal!bre rifle, and in an alterca- of fixtures of the place. The store
tion Curtis was shot by Miller, and ' was dosed some time ago on an at
instantly killed. The plea set up bv tachmept suit by Bishop Co., of
Miller was self-defense, himself and i Portland, and the stock was ordered
Colwell testifying that Curtis was to o 80'1 on account of Its perisha
shot while he was shooting at the de-' 0,0 nature. It brought Ho.
fendants with the SZ rifle. Photo-.'
graphs were introduced tn evidence,' wl" Visit in Ritzvllle.
showing that several Bhot entered j JIr- and Mrs. J. H. King will leave
funis body from behind, and in the 's evening for Rltzvlllc, where they
side, proving inat he was shot while wl" spend the holidays as the guests
going from the defendants, thus I f tneIr son. W. IV. King and daugh
weakening the plea of self-defense. iter. Irs. Dan. Scott. Mrs. King will
One of the principal reasons upon ' a!so weat at this time a slater, Mrs.
.which the new trial was granted, Wani Williamson, of Humboldt,
"however, was that prejudicial ques Neb- ''nom 8he not secn t0T
tions were asked by the state, in the ' years-
xross-examinatlon, thus causing in-j
fli.nces to act on the jury in form- Guardianship Petition.
Ing a verdict, which were unjust to I A petition was filed in the probate
the defendants, and one other reason court this morning by Mrs. Agnes
cited In granting the new hearing Rainville, asking for letters of guard
was a portion of the instructions of 'unship in the case of her daughter.
Judge Clifford, which was to the ef- Maggie Italnvllle, who Is the heir
feet that danger of life must be pres- to a PIecc of lan(J bJ" the death of her
ent, plainly apparent and urgent on father. The petition was granted and
the instant, to warrant the plea of 'otters were ordered to be issued by
self-defense, whereas the supreme the clerk.
court holds that the appearance or
Dr. Lieuallen In Town.
Dr. Fred Lieuallen, of Portland, is
I In the city for a holiday visit with
i j ' relatives and friends. Dr. Lieuallen
Your grocer IS glad to return Is s former resident of Adams, but
Is now located at Portland.
MEETING TONIGHT
NEXT TO LAST SESSION
OF PRESENT COUNCIL
Final Report of Sewer Committee
Will Be Heard Many Applications
for Liquor Licenses and Questions
of Licenses for Transients Will Be
Considered Unfinished Business
of Different Kinds.
year is an exception and a Urge acre- MASONIC ELECTION.
Tho'eolM n'thatllstrlol will stand Full Corps of Officers Chosen by a
more rain than in many larts of tho Large Turnout of the Members.
Train ffullHcu""" A full delegation ot the Masons
been a hindrance to farming, it was were at tho lodge rooms last night to
i,t what was needed there elect tho officers of tho lodge for the
just tot wsnrnu. .ensuing term. After tho routine of
tho meeting tho oraccrs were electod
' ns follows;
CHURCH BENEFIT.
The city council will .meet .this
evening for the next to the last time
that the old members will have a
seat in the deliberations of tho body,
There is not much of interest that
will come up, but there are many
things of small moment that the old
members will have to look Into before
they turn over the business of the
city to those who are new In the
management.
The report of tho committee ou
the sewer will be heard this evening,
and the work wul be adopted. All
has been found to be satisfactorily
done, and there Is no doubt but that
it will be accepted by the council.
There arc many applications for
liquor licenses to be acted on at this
meeting, and some other routine bus
iness.
The ordinance fixing the licenses
for all business requiring a license
is Btill in the bosom of the license
committee, and will in all probability
be brought out this evening for final
passage. There are one or two other
ordinances to be acted upon before
the council closes up the unfinished
business of the year.
The recorder will bring up consid
erable unfinished business this even
ing which should be acted upon by
the old council before it goes out of
existence, in the way of bills ana ac
counts that have been ordered to
committees for investigation and nev.
er rcportea back. There are several
of these, and they should lie acted
upon by the men who are familiar
with their nature and cause. Other
matters of a like nature will be con
sidered at this meeting and the
next. In fact, about all that the pres
ent council has of importance to do
s to conduct a small house cleaning
campaign in order that the Incoming
members shall have an even start
with their business.
Very Enjoyable and Profitable Affair; Worshipful master, T. W. Ayros;
. L rhrrh 1 wtilor warden. Dr. E. A. Vaughn;
at Presbyterian Church, , Juu,or wnrdell( j, n, McUlll. chap,,,,,;
A church full of people greeted the Upv 0 w RgDy; secretary, Joa H.
Indies of the Presbyterian chnrch last aTj;cg. treasurer, W. D. Hansford,
tiirhi when they gnvo their entertain-,. ,,. nnnmn will Miwn- i,,ni.
! ment. which had been prepured under , ,,paconi 4 Hunzlkor; tylcr, W. W
tho sunervision ui Jir. u. j. v, ...nlnr steward w II M,.
It os given for the benefit of thej junor steward. C. A. Eppln-'f
......V, n,l u na miwl successful. I I
IUUIIU, " ' "
netting the management J51.
L0S1
oiee tk.L
nmln.li. : aut
with , z" 'J
and
end. w. . .m
at PiJl'im
house.
or
ger
I T
C Taylor, Robert Forster and
B.h InlMal .nnnri.of MriT W 'O- A- Hartman WCre l0C,01 trU8tMfi ' 7 W 8 Pnde" . '
nieakney. of the Academy.. Mrs. The InstallaUon took place imme-J 4 " Itl
OWLTEH
Hlcakney has appeared at many rcaa- uian-iy iuu"'b ui umi-
inrs in" the east, and Is an nccom-lcts. J
plisbed elocutionist, and her rcndl-l
tion of "Ben Hur's" chariot race was ,., .. .
number of people present.
The program as given in full Is as
follows:
Piano solo Mrs. Marsten.
"Home Song" and "My Home is
Where the Heather niooms" Mrs.
J. lloss Dickson.
lie Chariot Rare." from "Hen
Hur." Mrs. Bleakney.
"Tho Sentinel Am I," and "Asleep
In the Deep" Mr. Lundell.
"Cradle Song" and "Constancy"
Mrs. J. A. Boric.
"The Bobolink" Mrs. Bleakney.
'".My Queen" Mrs. Marsten,
"Shandon Bells" Mrs. Blenkney.
Don't forget that for every dollar
paid on account you get a ttckot on
the seven prizes. Tho Peoplos Warehouse.
HMIHMHHMMtlill lilt 4
Some of the
t
To Visit W. S. Perry.
.Mrs. Hugh McArthur. of Portland,
formorly of Athena end Weston, will
arrive tonight to visit with her sis
ter. Mrs. W. S. Perry. In this city
until after the holidays. Mrs. Perry
and .Mrs McArthur will probably
spend Christmas with friends and
relatives In Weston.
Conductor Nash Laid Up.
Conductor A. P. Nash, one of the
old employees of the O. It. & N., is
confined to his home with an attack
of rheumatism. One of his legs is
so affected that he cannot walk. His
run is being taken by J. I McCrnry,
an extra passenger conductor from
La Grande.
your money, if Schilling's Best i
is not good-enough for you.
It isn't his money.
Visitors From Canada.
i Miss Mary Walker, of Hamilton.
Ontario, 'Canada, arrived In Pendle
' ton last evening to visit with her
aunt, Mrs. A. M. Snyder, of Jefferson
, street.
FREE
GIFTS
I Inflammatory Rheumatism.
J John McCourt, of the firm of Balle-
ray &: Mciourt, is in tne gnp 01 an
attack of inflammatory rheumatism.
and ls partly confined to his home.
by
K. OF P. ENTERTAINMENT.
Very Enjoyable and Attended
About a Hundred People.
The Knights of Pythias entertain
ed their wives and friends, and the
friends of their wives last night at
their hall. About 100 people were
present, and a most enjoyable time
was had, the principal entertainment
of the evening being progressive
whlsu At this game Colonel J. H.
Haley and Dr. Marie Equi won the
first prizes, the gentleman's being a
very neat crlbbage deck in a leather
case, while the lady was presented
with a copy of "Bitter Sweet," bound
in burnt leather.
Dr. T. H. Henderson and Robert
Renn were the winners of the booby
prizes, one being a present of the
much played game of Jack Sprat, and
the other a designation of the three
fates, consisting of a picture of a
very poor hand at cards, an empty
cup and an opium pipe showing the
three vices to be shunned by all.
An enjoyable musical and literary
program was presented during the
evening, and the guests voted the
knights to be royal entertainers.
SETTLED AMICABLY.
On Wednesday, Decem
ber 6th. and Monday.
December 21st, with
every 50c cash purchase
of Glassware or China
we will give one Child's
Set, PLATE, CUP,
and SAUCER.
See displa) in our
window.
C. ROHRMAN
COUKT STREET
TMtr WHOUESOMtS
CRESCENT
i,
i Egg-Phosphate
BAKING POWDER
The remarkable increase in con-
! 1 sumption demonstrates its superla
tive merits and wholesomeness.
ONE POUND 25 CTS
tw ,
-J, J I -
2 tjot rznrA 1 iimi i tttttdu t
t jllfiffi
. . rtzrr
t
i
t
CHRISTMAS SPECIALS
Celery
Large crisp bunches, 4 for 25c.
Oranges
Large and sweet Navels, 30c per dozen.
Criwhaiies
1J. '-Nice New Jetsey berries, 15c per quart.
GIVE US YOUR ORDER.
i
S- 1TOXJ3STC3-BR. & SON
I I (! I .....t...t.t.4..
Preporty In Question Deeded to Mrs.
Biaags and Contest Withdrawn.
The final settlement of the estate
of Alfred Staags, deceased, came, up
in the probate court this afternoon
and was settled amicably to all con
cern ea.
The contest in the case bad been
lirought by the widow, who objected
to the provisions of the will, which
gave ber an Interest in the propory
as long as she remained unmarried.
The widow objected to this provision
for the reason that she had children
by n fotmer marriage, and, therefore.
woma noi ieoi iiko improving or
maintaining the property at her ex
pense when It would do her children
no good after her death.
The heirs in the estate deeded the
property In question to Mrs. Staags,
and the contest was settled out ri
court.
Elegant New Cottage. j
Robert Lalng has just completed 1 J
an elegant cottage on Johnson street. '.
adjoining the Chris Rnnley property, j t
The cottage Is now ready for occu-1 !
pancy and Mr. Lalng has had almost ' I
a score of applications to rent i
i
Lambs Sold.
Saunders Bros, sold to John Hayes
of Heppner S00 head of lambs for
11.:; per head, they to deliver them
at Farmsworth's rancn. near Hard
man. Mr. Hayes paying the expense
of delivering. Long CrecX Light.
Well That You Know.
Don't forget that for every dollar
paid on account you get a ticket on
the seven .prizes The Peoples Want-bouse.
John Snyder, aged 23, was honor
ably discharged at Mare Island from
the navy, after four years service for
113 per month. He immediately left
for the north and east to take charge
of I250.0UO left him lv his father
who recently died
GRAND
OLD SETTLER DIED.
Mrs. Nancy Wilkinson Passed Away
Near Alba, Aged 06 Years.
Mrs. Nancy A. Wilkinson died at
her home near Alba, yesterday morn'
Ing, from an attack of heart failure.
Mrs. Wilkinson was an old resident
of the county, having lived near Alba
for many years. Her husband was a
well known fanner of that part ot the
ci-unly for a number of years, and
died several years ago. The deceased
was 66 years of age at the time of her
death.
There are three sons surviving
William M.. Bpcnce and Josenh Wil
kinsonthe latter of whom is the
proprietor of the Mountain Home, a
summer resort about half way be
tween this city and Teal Springs.
The funeral will bo bold tomorrow
morning at Pilot Rock, at 10 o'clock,
the burlal to be made In tbe ceme
tery at that place.
PLOWING IN PROGRESS.
Rain Is Welcomed by Farmers In the
Cold Springs Country,
II. J. Miners, nf the PnlH Rnrlnpa
district, was In the city today on bus
iness and rennrtn nlnn-lnc vnt In nrn.
gress in many places 'in that locality.
ino rain or tne past week has been
welcomed by the larmcru who are en
abled to finish up their fall plowing.
Usually the ground Is too dry to plow
at this Bcoson of the year, but this
fill
BALL
December 31
MUSIC HALL
300 Costumes
from Portland
Will be on display in
JUDD BUILDING
Cash Prizes
Five dollars for the best lady
character
Five dollars for the best gentle
man character
Music by
KIRKMAN'S
Orchestra
Suitable Gifts in Our Store
1 : r r.i" -,
tvuiven tur i,auies, uentiemen ai,d Bon
All sizes and shajM. Razirs, Table Cat.
lery Curving Sets, Shot Guns and Rig
The new Browning Automatic Shot Gud ,
revalution in gun working. Examine lib
new invention
We handle exclusively in Pendleton the
THOMPSON HARDWARE foj
621 Main St.
i 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 mi
Closing-Out
OF
35c CHINA SI
ALL COLORS
22c
AT THE
Busy Boston Stoi
1
Useful Presents
I have a full line of KODGEBS 1847 WARE
Chafing DiEheH, Tassel Mais, Carvers, PW
Ktiivpk fnr mon Vinvs an d ladieB.Kazof out
fits, nickel plated Ware, etc., that will";
nice and uBeful presents.
Call and examine my line before bop?
Title Hardware
74 MAIN STREET
YOUR CREDIT IS
For one of our high-grade Sewing JJJJ J
Ierfect sewing machine built. " ,onr
nr i i i l ,.A in haVei0J 1. i J
a Singer on trial. We know what $
will be, for a trial proves its merits.
r.n, ,..... .1 f kntnripe 111 V'-J I ' '
ments.
t Office-5o9 College Street
4-
2 P. A. L0VETAN6,