DAILY EVENIHGEDITIDH
WEATHER FORECAST.
Fair tonight. Thursday fair.
', people of Tendlcton Is advertising I J j g ' V J Y A ' ..n jm y
-" 'tv-v --oi vsj i g- -ss
PENDLETON, OltEdOX, W K1).X KSDAY, AUGUST 2.V -05.
NO. 5443
YOL. 18.
OLD GEWIETERY
PROBLEM AGAIN
The-Burial Place of Pioneers,
Swept by Fire, is Now a
.Desolate Waste.
-DOTTED WITH BLACKENED
AND BURNED MONUMEHTS.
Question of Title to tlio Ground lias
Become a Live and Insistent. Jshuo
and Must Bo Settled In the Not Dis
tant Future Trustees of Umj Old
Cejnetwy lVxird Hold a Warranty
Deed for Uio Property as a Ceme
tery, Wliilo There Is One Vacancy
on the Board II. F. Johnson Claims
Ownership by Vlrtuo of a Qult
Claini Deed.
Since the old cemetery across the
river watt burned off a few weeks ago
by a flro started by H. F. Johnson, a
murmur of Indignation has been heard
from those who have looked upon the
horned village of tha dead. Tho spec
tacle of a graveyard with tombstones
blackened by fire, the wooden head
boards of others lying In ashes, and
the entire block resembling a pices
h..rni timber, has not been a
pleasing on to those who pass along
Jackson street, and especially Is this
true of those who have friends and
relatives burled there.
While the old cemetery has been an
eye-sore for a long time, owing to the
dilapidated condition It was allowed to
fall Into, there are certainly few who
would not prefer It as It was, to Its
present condition. From end to end
and corner to corner the tract Is now
a burned ruin. All the grass 'was
burned, downs of head-boards de
stroyed, muklng the graves Impossible
of Identification, and many of tho fine
tombstones have been blackened by
tho fire. The whole Is a scene of de
vastation and ono which doubtless
makes strangers who pass wonder
whtit ghoulish purpose prompted the
deed.
The fire which burned the old
cemetery was started a few weeks ago
by H. F. Johnson, who owns a lot EOx
10 feet, adjoining tho tract, and Is
said to claim tho entire cemetery. Tho
flro was started presumably to clear
tho lot owned by Mr. Johnson, but as
there was nothing to prevent It
sprendlng to the cemetery. It Boon
.overran the entire tract, and laid U
want'. Evidently no effort was mod
ito .prevent the fir from extending
over the entire area or the same could
tolnly.have been done.
Where!" loos Ownership Ile. ..
St is oid that Mr. Johnacn baa laid
etalm to tho cemetery Bite for several
years past, und'he Is known to have
destined the. removal of the bodies, pre
sumably u that he could ha.vouse of
tho land. Jlowuvcr, others who aro
Interested In the matter affirm that
Mr. Jnhnsot's claim Is absolutely
wortbV'ss, and that ho has no rights
in the .matter Mvhatever.
An examination of the records made
this morning showed that on Augunt
15, 187. a waoranty deed was clveii
by Aura M. llnbw and her husband,
JL J. Raly, for the property, .the
same being given to W. H. Marshfl.ll,
Lot Llvcrraorc and H. Stewart, trus
tees of the Pendleton cemetery, tho
same to be held In trust for the pur
poso of a public cemetery to them and
their successors In oJXlco or trust for
ver. Also, the doed further Btatos
that tho givers, their xocutors and
suimlnstrators shall forever warrant
and defend tho same to tho said trus
tors and their successors from all law
ful claims whatsoever.
Ah will be noted, the deed states
that tho land shall be used for the
purpose of a public cemetery, and
does not provldo that the tile shall re
vert to the original owner, should It
be used for other purposes.
Tho clal mof Mr. Johnson to tho
land Is based upon a qult-clal-J deed
which was glvon by Mrs A n M.
Haley on May 16, 18. This quit
claim deed was given by hsr to th-;
firm of Tenery, Howard A Lnthrnp
for the consideration of J Later,
tho various members of this firm dis
posed of their rights arising out of
their Interest In this quit-claim dood.
and these have since been acquired by
H. F. Johnson, through several deeds
gtven him In HOI. However, as Mr.
Johnson's claim la baaed all upon tha
quit-claim deed given by. Mrs. Raley.
and as tho same Ib evidently worthless
In view of the original warranty deed
glvon to the trustees, It Is held that
Johnson's claim Is Of no value.
In the original deed which was
given by Mrs. Huley and husband, the
three trustees then appointed were
given power to elect others to fill va
cancies cuused by the death of any
member. Since the death of Mr. Mar
shall some years ago, no successor
has been selected, and Messrs. Liver
more and Stewart have been the only
members.
When seen this morning Mr. Liver
more stated that It was the Intention
of Mr. Stewart and himself to meet
shortly and select a third member of
the board. They will then take up the
matter of tho disposition of tho ceme
tery. According to Mr. Livcrmore It
k Ucalrod that tho tract be retained as
public properly and that It be kept
from falling Into private hands. He
docs not regard tho Johnson claim as
of any value.
As to what disposition should be
made of the cemetory. there Is a dif
ference of opinion, though all are
agreed that some steps should b
taken to overcome the present dis
graceful condition. There has been
some talk of criminal action being In
stltuted against "Mr. Johnson for his
o nt rienerratlnn. but so far nn
complaint has been made.
It Is said that tho bodies that aro
burled In the cemetery cannot be re
moved except by act of tho leglsla-
ture. Some would like to see this
done, while others maintain that It Is
no disgrace to allow the pioneers who
founded tho town and defended tho
same In the early days to sleep under
the sod where they were nrsi in
terred, and which they themselves re
claimed. Others would like to see the
bodies removed to tho new cometury
at the city's expense, ana the old tract
made Into a publlo park to be known
as "Pioneer I'ark," and that at some
spot upon the tract a monument be
erected to the memory of those who
fell In tho Indian wars and tho other
stalwart pioneers who were formerly
buried there. By such action It Is
sold atonement would be made for
the desecration ilo which tho graves
have been subjected, and at the same
time a beautiful public place could be
madc close to the heart of the city.
BREAKING UP A
BUTTE LOTTERY
DEFENDANT ARK OUT
UNDKU. 1TF.AVY BONDS.
ITesldont of Hie Company a Spokane
Man, Haaj Been Indicted by a Fed
eral Grand Jury TUo Company
i Has Done a Heavy Business
Dniyload of Ijutxery Tlekets Has
Been HoIkh I Oimkj mn y Alleged to
Have Used Gonmiaint Mailt for
II Hegel Purpose
Jtalto, Mont., Aug. 3. Daniel B.
Jncu-bs. secretary of the .'Montana Lot
tery company, arrested here charged
with .sending by express lottery tickets
from tho state has been pleased un
der fUOOO bonds.
Jact bs was recently arnested charg
ed with using the malls ir lottery
purposes, but tho prosecution was for
some purpose dropped.
Henry ilaupt, president of .the com
pany, llvws In Spokuno and has been
Indicted fcy tho federal grand Jury.
He also la out on bonds.
Tho Montana Lottery company's of
fices wero recently raided and a dray
load of lottery tickets seised.
Jacobs Is charged with sending iot
tery paraphernalia to Kansas City and
St. Louis. The .company's operations
are very extensive throughout Illinois
and Missouri.
Today's Yellow Fever Hoeord.
Jackson, Miss., Aug. 23.
Three new cases at Mississippi
City are- reported this after
noon. The governor telephoned
tho Poster Creok Lumber com
pany of Amite county, that un
less the state health officers are
allowed to oxamlno suspicious
cases, troops will be sent to
mnko examinations by force.
From New Orleans 80 new eases
and threo deaths are reported
today.
;ilKT DISCLOSURES AT I'ltl'.MKKTOX.
Seattle, Aug 23. Sensational graft disclosures tire anticipated as
a result of the three months' Investigation of affairs at the Bremer
ton navy yard by the government's special ugent, B. F. Plckercll.
Affidavits have been forwarded to Assistant Secretary of the Navy
Darling. A wholesale cleaning out of employes Is likely. Charges of
graft huve b"cn made practically In every department In the yards.
Also, charges of smuggling government supplies out of the yard and
selling them to private parties; foil ing men to live In certain lodging
houses; holding them up to exorbitant prices; employing alien labor,
and thai Immoral practices exist In the yard.
4,
COMMISSIONERS
Work is Progressing Without
PROTOCOLS
and Will Be Resumed Next Saturday.
President Sent a Message to Amhussu dor Meyer. Who Immediately Secured
a Private Audience With lb Uxor Russian Securities Advanced Imme--dlatoly
I'ikih Receipt of Advices Indicating Peuce Irosoou Professor
'Maru-ns Recalled to St. PeUTKbuig More Cordiality Toward Bystand-
er Khnun by tJie Japanese Envoys Revision of the Proceedings to
Date Has Been Agreed loii and Signed I'p.
Portsmouth, Aug. 23. Kerostovltr. j
telephoned from the navy yard that i
the conference had slciied the proto-
cols snd adjourned unlit Saturday.
Sessions Resumed.
Portsmouth. Aug. 23. The meet
ings of the peace envoys wen- resumed
thb? morning after nn ln-i-vil of four
days, or since they 'adjourned Friday
apparently almost hel'dessly divided.
Manv things have happened and !
much has been accomplished, which
leads to the belief today's sessions
may result In something definite.
Special arrangements hmw been made
to keep the president Informed of de
velopments. A telegraph wire has
been placed directly In connection
with the navy yard and Oyster Hay.
and Secretary Pierce has been pro
vided with a cipher which he and the
president only, understand.
Denisnn, the lepra! adviser of the
Japanese, and Pokotlloff or the Rus
sian suite, remained at the hotel
-watching for news from tho confer
ence room, ready to convey to the
envoys any development that might
Joseph Iiwrenee. alias niitckburn.
wiio was arrested here a few days
ajro for robbery of the Jameson tent
Muu i town, is an escaiwd convict
frail the Idaho penitentiary. James
Mills, deputy warden of the Idaho
prlSHin, arrived this afternoon on the
westbound passenger, and positively
Identified Blackburn as Joseph Law
rence, .convict number 1142, who re
cently -escaped from the penitentiary
at Tiotse. on being confronted wltb
the deputy warden the prisoner con
fessed Mint lie was the man and will
go hack with Mills without the form
ality of -extradition papers. They
will leavr this evening on the 5:30
train.
The illsnovery that Blackburn was
Lawrence was .made last evening by
Marshal Coffman, who came down
during the afternoon from Itlngham
Springs. On penlng his mail he
found a notice setting forth the es
cape of Lawremie. and offering a re
ward of ISO for Ills capture. On one
corner of the card was a picture of
Lawrence, and It proved beyond all
ANOTHER 0. R. &
Commencing tonight. Nos. 5 and 6
tho west and eostbound main line
passenger trains on the O. R. & N.
will run In two sections botween
Portland and Huntingdon, making
practically another regular main line
train between those points.
Agent E. C. Smith of tho O. R. &
N., today received a bulletin to this
effect and official notice Is given the
publlo. Tho first section of tho trains
In question will carry mall, tourist
Pullman and dining- oars, the second
ARO
ESCAPED
0
SIGN THE
Interruption, Though Slowly,
arise. The Russians left the hotel
first, bowing and smiling to saluta-
Hons. The Jatancse for the first time
since their arrival acknowledged the
greetings of the crowd. While wait
log for the automobile. Komura and
Tnkiihlra bowed and smiled. They
lu vtofxre have looked neither to the
light nW left, leaving to Sato the duty
of returning salutations. The session
began at 9:40.
The first business was reading for
comparison and signatures to the min
utes of the previous meetings. It Is
not exacted anything else but that
will be done this morning.
AiIIoiiiikmI Till Saturday.
Vnofflclal reports from the navy
yard says the conference has adjourn
ed until Saturday.
Message to Meyer.
Oyster Bay. Aug. 23. The presl
dent sent a long message to Ambas
sador Meyer at 1 p. m. Monday.
The fact that Meyer saw the car
todbey and that the advices from Oy
ster Bay say the president says he
sent a. long message to Meyer, It Is
IS
doubt that he and Blackburn were
one and the same. The warden at
Boise was at once wired to by Mar
shal Coffman. and the latter was told
that a deputy would be sent down
for the prisoner on the next train.
Lawrence escaped from the Boise
penitentiary on August 1. At that
time he was working with a gang un
der guard Perkins. While the guard
was away a few feet distant getting
some water. Lawrence Jumped Into a
ditch and after crawling for some
distance made his getaway. His con
vict clothes were found nearby, and
this lead to the belief that he had
been given outside assistance. He
was serving a term for burglary, nnd
Warden Whitney of the penitentiary,
states that the remainder of his sent
eiii- will be doubled as punishment
for Ills escape. This can be done by
the warden under a law In that state.
uiwrence. alias Blackburn, was
captured a few evenings ago by Of
ficer Stevens, usslsted by K. B. Jame
son and Frank Day. It is said that
the reward of 150 will be given to
Officer tSevens.
HI. UN LINE T
section to have bitsifngc cars and
coaches. .
This Is In answer to tho demand for
arnwxtra train and it Is hoped will be
satisfactory to tho people along the
line In Oregon and Idaho. The ar
rangement will continue as long as
traffic Is heavy and the public will be
govercned accordingly. It will be no
tlccd that only the first section carries
mall and only tho second section car
rics day coaches. The regular time of
No. 5 at this place Is 11 p. m and for
No. , 4:50 a. m.
CAPTURE
RAN
believed certain the president made a
personal appeal to the czar In tho In
terests of peace.
Russian Credits Advance.
Paris. Aug. 23. Upon the favora
ble const ruction of news from Ports
mouth today. Russian securities rose
40 centimes.
Meyer Calls on Ciar.
St. Pctersbrg, Aug. 23. American
Ambassador Meyer was received today
by tho emperor. It Is believed Mey
er's visit concerns the pending peace
negotiations.
Mortens Rccallnf.
St. Petersburg. Aug. 23. Professor
Martens, who accompanied Witte to
Portsmouth as adviser, has been re
called and ordered to return to this
city August 31.
Working on Many Clues.
Chicago, Aug. 23. Although the
police are Inclined to believe Mrs.
Kffie II. Exe, the wealthy New York
widow who was shot and killed last
night to be the victim of a robber,
search is also being made on the
clues that revenge or Jealousy may
be the cause. Several arrests were
made today but the police think
none will result In securing good
evidence.
Warrants for Bunk Officials.
Denver, Colo. Aug. 23. As a result
of the failure of the Denver Sav
ings bank, warrants are out for J.
Hill, president; Franklin P. Jones,
vice-president; R. A. Brown and Jo
seph David, tellers charging them
with larceny.
Hire In the Steerage.
Liverpool, Aug. 23. Fire broke out
In the steerage of the Star Line Oce
anic, Captain Cameron, which is
BfclV;duTed to sail for New York today.
The. fire was extinguished with but
slight damage and the sailing will not
be delayed.
Murder and Suicide.
Kansas City. Aug. 23. William Ma
lty, aged 20, shot and killed his bride
of IS months and attempted suicide.
E
CIHNKSK BATTLE W ITTI
AMERICANS AND DAGOES.
Chinamen the Aggresso' and Victori
ous: In the First Fight With the
Americans The I jitter Were Rein
forced by Italians, But Made an
Unsuccessful Attack on the China
men. Who Were in the Ascendancy
at Lost Reports Dead and Wound
ed on Both Sides.
San Francisco, Aug. 23. Reports of
a fierce race war between Chinese,
Italian and American fishermen at
Nushagak, Alaska, were broujht to
this city this morning by the small
salmon schooner Salvator.
July 20. the white fishermen wero
driven from their bunkhouscs by an
armed body of Chinamen. The Amer
icans Joined hands with the white set
tlers across the hills and in return
gave battle.
In the barricaded bunkhouscs the
Chinamen offered fierce resistance
and after a two hours' battle still held
the post. Reinforced, the whites re
sumed the battle the following day
with prospects of success, when a
body of Italians appeared and assisted i
tho Chinese to drive the whites be
yond the hills. It Is reported a con
siderable number were dead, and the
Injured whites left the field. Tho day
of the Salvator's departure tho battlo
was resumed, the fighting being tho
result of an old feud.
Chapman Is President.
San Francisco, Aug. 23. The
International Missionary con
vention of the Christian church
will assemble at Buffalo next
year, probably In October. To
day the principal session of the
conference concluded; with a
meeting of the American Mis
sionary society. C. C. Chap
man of Fullerton, Cal., was
elected president. A groat
many delegates will return home
by way of Portland.
IR
RAGES
AMONG
FISHERS
REBUTTAL FOR
TAEGART CASE
Gen. Miner Denies in Toto All
Charges of a Conspiracy
Against Capt. Taggart.
TMJfiAKT CONl'KSSED HE
HAD 11KATKN HIS WIFE.
Claimed He Must Have Been Crazy
When He Did ItTasgart Woe ft
;km1 Soldier and Was Imprisoned
Only to Give an Opportunity to Ex
amine! Ills Mental Condition Mind
Supposed to Have Been Affected by
CaniHilgn in the Philippines K
port Was That His Mind Was Sound
and He Was I It-loused Charfpjs
Filed Against Miner.
Wooster, O., Aug. ' 23. General
Miner testified there is no truth In
the charges that conspiracy existed
when he caused the arrest of Taggart.
He said Captain Poore reported that
Taggart was charged by his wife with
having beaten her.
"I sent for Taggart, who said ha
must have been crazy and spoke of
his wife as a woman of perfect vir
tue. He called upon God to witness
that he had never struck her before.
With two officers called upon Mrs.
Taggart. She said she was afraid for
her life. Her eye was blackened, and
she said one shoulder was bruised. I
ordered Captain Taggart confined in
the hospital for her protection. I
made no suggestion, directly or Indi
rectly, that he write an apology to his
wife. At the request of Taggart I re
frained from preferring charges for
courtmartial. I had always found
Taggart a good officer and never had
cause to complain before, and could
only explain his actions on the ground
he had been drinking too much, which,
was not customary for him."
Mrs. Taggart's attorneys asked the
court to throw out of evidence Miner's
report to the war department, which
he admitted were demerits against
Taggart which 'should not have ap
peared. The court refused the mo
tion. Miner said In correction of his tes
timony that the first order given after
the Taggart arrest was to Lieutenant
Fortcsque. ordering him to stay away
from Taggart's house. I
The general suld he was not drunk
at the dinner party. While cocktails
were served at the start, and wine
was on the table, he drank very little.
Why Taggart Was Locked Up.
The official record of Taggart's
confinement In the hospital was Intro
duced. It showed "sick in line of
duty, July 2-8; under arrest. July i;
commanded to Join company after
July 8."
Miner thought Taggurt was mental
ly unbalanced, as many officers were,
from campaigning In the Philippines,
and had him locked up for observa
tion. Colonel Hoff reported he found
no signs of mental disturbance, and
ordered him released several days
later.
A copy of the report Miner made
of the quarrel between Taggart and
his wife was Introduced, Taggart'B at
torneys endeavoring to show that only
a part of the Incident was reported,
and that that was prejudiced.
Miner admtlted his report to the
war department based upon a single
Incident as reported by Captain Poor,
and admitted tho occurrence was not
In the year for which the report was
made.
Taggart's charges against Miner, on
flic in tho war department, were read
in court. Miner Is accused of conduct
unbecoming an officer and a gentle
man, and it Is alleged ho took Im
proper liberties with Mrs. Taggart at
a dinner party, and declares ho asked
Mrs. Taggart to allow him to see her
In the absence of her husDand, and
says he went to Taggart's home In the
absence of Taggart and spent some
time alone In tho parlor with Mrs.
Taggart and says he acted Imprudent
ly while walking with Mrs. Taggart,
and says he asked Mrs. Taggart to
call him up by a telephone not at
the house and ho would go by a way
not to be seen.
India rubber trees which are tapped
every other day continue to yield sap.
for more than 20 years.