IMIflldilM(M ,,M1M,I k- Hfy Mtrtfr jMira Ml si ,; OAIIY EVENING EDITION DAILYEVENINGEDITIOII . WEATHER FO RECAST Rain or snow tonight and Tues day ; fresh southerly breexe. ' Read the advertisement! In ths East Oregonlan. They come from the moat enterprising citizens. VOL. 18. PENDLETON, OREGON, MONDAY, JANUARY 22; 1J)0fi. NO. 5572 T Nine Jurors Chosen, Followed by Adjournment to Empanel a New List. JURORS QUIZZED ABOUT FOIJTIC8 AND liODfiES. Inquiry Also Made of Prospective Juroni as to Whether They Have Families, With a View to A-wortain-lug Whether tlie Presence of Oie Defendant' Family In Court Would Influence Them Original Panel Was Exhausted Sliortly After tlie Reconvening of Court In tin After noonEvery Indication of a Pro tracted and Stubbornly and Ably Contented Fight. The Jury. Peter Oelss, Milton. Joseph Cunha, Butter Creek. John W. Keen, Athena, E. E. La Hue, Pendleton. John Wyrlck, Helix. E1 Urehm, Alba. Kenneth McRae, Pendleton, A. G. Buholts, Hogue. D. E. Carglll, Pendleton. M. L. Warren, McKay. A. C. Hemphill, Pilot Rock. This morning began the trial of C. P. Davis, ex-deputy sheriff, who Is charged with the crime of larceny by bailee, and the 11 men named avobe have been selected to sit In Judgment upon the case brought by the state of Oregon against the deetndant. At o'elock this morning circuit court convened with Judge Ellis up on the bench. At that time the de fendant was present, and took a seat between Colonel Raley and Judge Fee, who are his defenders In the legal battle that Is to decide his guilt or Innocence of the charge against him. Also, he was accompanied by his son, Ben K. Davis, and by his daughter. At the other end of the seml-clrcu-lar table District Attorney Phelps and partner, John McCourt, who are to conduct the cane for the state, took their positions. After the Jury box had been, filled with the first panel. Judge Fee out lined the case and the examination of Jurors commenced. Contrary to expectations, the selec tion of the Jury proceeded rapidly, considering the nature of the cane, and the widespread publicity that has been given It. Within an hour four Jurymen, Peter GelRs, Joseph Cunha, J. W. Keen and E. E. LaHue hnd been selected. During that time three were excused, L. C. Rothrock and S. H. Hopkins, for cause, and Frank Sloan, peremptorily by the attorneys for the defense. John Wyrlck, of Helix, was next called, and although he was a Knight of Pythias and hud heard considera ble about the ense he evidently Im pressed both sides as being timber for an honest Juror and was accepted. William Brown was then railed, but wns challenged peremptorily by Judge Fee for the defendant. Ed Brehm, the Alba stockman and farm er, fared better. After being ques tioned regarding his lodge affiliations, which brought forth the fact that he had applied for admission In the Odd Fellows, he was asked as to his poli llces. This question wns put by John MoCourt and was Instantly objected to by Judge Fee as being Incompetent. However, the court ruled that the question was a proper one, and In re ply Mr. Brehm said he was a demo crat He was accepted. Kenneth McTlae, the next examined, stated thut while he had rend accounts of the case In both Pendleton papers, his mind had not been influenced as to the guilt or Innocence of Davis, and he was accepted, O. W. Proebstcl, of Weston, who was next called, was challenged for cause by Judge Fee because he had talked with William Blakeley regard ing the case and had formed an opin ion. Also Q. W. Hansell was challen ged for cause by the defense for the reason that he had already arrived ItiUtleolilp Blew Up. London, Jan. 22. A dispatch from Rio de Janeiro says the Brazilian battleship Aquldaban waB blown up In port tndny and 300 were killed. It Is under- stood the ship took fire and the flames reached the magazines, latcr It transpires that the ex- plosion of a boiler caused the fire which afterward reached the magaslnes. RIAL PROGRESS at an opinion In the case, A. Q. Buholts, of Hogue precinct, was next examined and was accepted. During the questioning It was disclos ed that he Is an Odd Fellow and a democrat. Charles Simon, of McKay creek, the next to be examined, was peremptor ily challenged, after having first been objected to by the defense on the ground that he was a taxpayer and consequently an Interested' party, which objection was overruled. George BunlBter, of Athena, was al so challenged peremptorily after the same objection had been made and overruled. D. E. Carglll, of Pendleton, was fi nally accepted after lengthy question ing by both sides. Daniel Bowman wus excused by the prosecution, and as It was then 12 o'clock, an adjourn ment was taken until 1:30. In the selection of a Jury Judge Fee questioned the prospective Jurors for the defense, while John McCourt conducted the examination for the prosecution. All were asked concern ing the acquaintance with the defend ant and also with Sheriff Taylor, ex Sherlff William Blukeley and Joe Blaketey. Also, Inquiries were made of all as to the Information they had received concerning the case and the sources of the same. Most of the Jurors were asked by the defense If they were members of the Knights of Pythias. When the same was an swered affirmatively, it was asked if the fact that Sheriff Taylor or Joe Blakely were also members would In fluence them In reaching their ver dict. For the prosecution the Jurors were asked If they were Odd Fel. lows, of which order the defendant Is a member. However, It was Invaria bly the declaration of the Juror that lodge affiliations would not Influence them In such a case. Also, the matri monial affairs of the Jurors were In quired Into by Attorney McCourt, and frequently Jurors were asked if they would be influenced by the fact that the defendant Is a married man and may have members of his family in the court room durng the trial. But In each instance the Juror felt himself steeled against such Influences. (Continued on page I.) L A STATE TREASURER WILL DIVIDE THE STATE FUNDS. Now on IfctMMit hi Ixml's CaHtal Na tional Hunk of Olympla About Ono-Half (ho State's Funds Will Be Placed With Banking InNtitutloiiH In Other Portions of tlie State, and Hereafter a Surety Bond for Hand ling Fiuiils Will He Required The Change In in Relation to tlio Perma nent Fund. Olympla, Wash., Jan. 22. Approxi mately half the state funds will be taken out of C. J. Lord's Capital Na tional bank In this city and distributed In depositories selected by the state treasurer in other parts of the state. This may partially break up the monoply of state funds enjoyed by C. L. Lord for many years. State deposits run from 1750,000 to 1 1.250.000, about one-hnlf of which, as a rule, ore permanent funds. The permanent funds will be placed m the outside banks. The state oath now 1: about 1800,000. Of this 1300.000 be longs to permanent funds, hu; this amount Is unusually small now, owing to heavy loans having been made from the permanent school fund. To DIxubiiMe Public Mind. Asked the reason for the proposed change, nnd to what extent It would be carried out, Treasurer Mills said: "My chief reason Is to disabuse the public mind of a belief which has been created principally by campaign orators that the state treasurer Is ab solutely controlled by a single finan cial Institution. "As far as I am concerned, such statements are and always have been without foundation, and while they do not worry me In the least, I consider It only fair to the people who elected me that their minds be disabused of a wrong impression, so fnr as it con cerns me, "In this connection I might add thnt every Institution receiving a deposit will first be required to furnish a sat isfactory surely bond. "The current funds, which fluctu ate so greatly and out of which all ex penses of the state and Its various In stitutions are pnld, will be kept on de posit In Olympla. I consider this ab solutely necessary In order to properly conduct the business of tbe state." Killed by Snowsllde. James Morlarity, aged 68, was killed at the Boulder mill, 10 miles above here, yesterday about 10 o'clock In the morning, while shoveling snow from , the mill roof. While working at one corner of the roof he started a slide, which burled him beneath five feet of snow. The accident was not .discovered until noon, and It required three more hours to dig the body out. By that time life had become extinct. Boise Statesman. BREAK MONOPOLY MURDER AND SUICIDE AT BOISE. ' Boise, Idaho, Jan. 22. Henry Neuebaumer, a wealthy returned Alaska miner, shot Ollie Powell, a sweetheart who had rejected him: Lafayette Oray, his successful rival, and the mother and sister of Gray, in front of the Gray resldenco, at 9 o'clock this morning, and Immediately afterward blew out his own brains. Neuebaumer had supplied money and clothes and educated the Powell girl. He made a strike at Dawson and was to have been married last November. The night before the wedding she ran away with Gray, the pair coming to Boise. Neuebaumer followed and a tragedy wns prevented tben by the police. He returned to Alaska, but came back to Boise Wednesday. Ail the victims of the tragedy will die except Ollle Powell, who was wounded In the left arm. SAY IMMUNITY Attorneys for Indicted Pack ers Make No Attempt, to Prove Their Innocence., COMMISSIONER GARFIELD UNSPARINGLY DENOUNCED. Counsel for the Dcferow Eulogize James A. Garfield, sr., Lambast His Son and Arraign tlie Govern ment Officials Concerned In tlie Prosecution Counsel for the De fense Went to School to the Mar tyred President Acknowledge That tlie Evidence Obtained by Pretext by Cnmmlfwtoner Garfield la Incrim inating, But Tliat It Is Privileged Matter. Chicago, Jan. 22. "God forbld.that the son of our martyred president should be here to prosecute citizens of the United States in the manner of this prosecution." fervently exclaimed General John C. Cowen, counsel for the Cudahy Packing company, before the federal court, in the trial of the beef cases this morning. Pointing his finger at Garfield he continued In the same vein, eulogizing the commission er's father, shaming the son and ar raigning the government for compel ing men to testify nnd then seeking to make criminals of them by depriv ing them of their constitutional rights. Cowen said he first learned the doctrine of compulsion from Garfield's father, to whom he went to school as a boy. He learned then that when a command is given and It Is backed by competent authority, It must be obeyed. He said Commissioner Gar field wns armed with such authority when he sent an agent to Cudahy .with commands to lay his business secrets bare and promising Immuni ty and declared the government had no right to Indict any defendants up on evidence thus secured. He said the packers please to oper ate that pledge as an Injunction against the government. Former Judge Hynes, one of the packers' counsel, characterized Garfield as a trickster. FUNSTON WON'T GO. (ininil CoiiHtuiil Williams to Re In Charge of Ilillipplne Brlgnde. Brigadier General Frederick Futts ton will not go to the Philippines, as has been rumored among army people of this city, but will keep his present command, says the San Francisco Call. General Constant Williams, who is now In Vancouver, Wnsh., and who Is entitled to the preferment, will be placed In command of one of the bri gades which will soon be formed in the Islands with a view to their possi ble utilization In connection with any movement which may be brought against China. The war depnrtment hns officially announced thnt a strong ami-foreign feeling Is gradually growing In China and predicts that the time Is not far off when the nations will be called upon again to defend their Interests. With this view In mind It has been de cided to form two brigades In T.uxon ns soon as the extra troops arrive, for maneuvers as brigades, in 1 General Funston, It was reported, wns to have chnrgo of one of these brigades. It was tho Intention of tha wur depart ment to send General F'initon, but the orders have recently been chunged and General Wllllnms will be sent In his place. CHICAGO WHEAT MARKET. Quotations From the Greatest Wheat Center In the World. Chicago, Jan. 22. Whent closed today at 87- 1-2; corn at 45 3-8, and oata at 32 1-2. Dr. Gilbert H. Hltenour sold a one nore tmct one mile west of Yakima for 15000. Half the ground Is In bearing fruit trees, and there Is also a house and barn. It Is the record sale for valuation of land In the state of Washington. 1 PROMISED EAST IS IN THE OF Telegraph and Telephone Wires Are Down With the Weight of Sleet and Snow. COMMUNICATIONS ARE GENERALLY STOPPED. I Transportation Demoralized Travel on All Elevated Lines at a Stand still Until tlie Storm Aba ten Many Accidents and Minor Injuria), Rut No I jomn of Life Is Yet Reported Collbdotis on Railroads and Fenie.4, and Interne Cold Everywhere Bus iness; Generally Demoralized Six teen Degrees Below In Nebraska and the Worst Yet to Come. Chicago, Jan. 22. This city is prac tically isolated by a sleet storm. All telephone- and telegraph wires are down. Communications east and south are broken entirely and to the west ward it is nearly as bad. Transporta tion is demoralized. The elevated trains entirely stop ped, during the early hours, and the surface lines are hardly adequate to handle the throngs seeking to reach the business districts. There have been a number of ac cidents. A crowded suburban train on the Chicago & Western Indiana was hit by a switch engine and many in jured. . New York Befogged. New York, Jan. 22. This city and the entire east Is enveloped In fog. There have been several collisions on the elevated tracks and by ferry boats, but no one was hurt. Business Demoralized. St. Paul, Jan. 22. Trains are from one to 24 hours late, east and west. Mercury Is nine below and growing colder. Business Is demoralized. Intense Cold in Nebraska. Lincoln, Neb., Jan. 22. Sixteen be low zero and all over the state grow ing colder, with a gale from the north. CREW MAY YET BE ALIVE. Drifting on the 0mii Sens. Hut Well Ih-ovlsloiicd. Victoria, P. C Jan. 22. Second Mate Edwards of the lost ship King David, la of the opinion that Chief Officer Wollsteln and the six men who went in a smnll boat to seek aid nearly a month ago. may still he nllve. He thinks the boat was blown nut to sea, but being well stocked with provisions, was in good shape to stand any weather she might encount. TO SURVEY AN ISLAND. County Surveyor J. W. Klmbrell Will Assist tlie Government In its Work on Columbia River. County Surveyor J. W. Klmbrell will go to the Columbia river opposite Swltzler's Island tomorrow, after fin ishing the survey of a county road In the Butter creek dlstrirt, for the pur pose of assisting the government en gineers in surveying an Island in the Columbia river, near Swltzler's Island. The Island In question Is on the north side of the channel of the river and as Mr. Klmbrell Is perfectly fa miliar with all lines In that district, he has been asked by the government engineer to assist in the work of sur veying and locating It exactly on the government plats. It will be neces sary to locate corners on the Wash ington side of the river before an ac curate survey of the Island can be made, since the water hns destroyed all corners nnd stakes ever placed upon It. Attorney General Moody hns ren dered an opinion for Secretary Wilson, holding that It will be lawful for the head of the department of agricul ture to publish the names of dealers who sell adulterated seed. The ques tion arose because the secretary of agriculture had an impression that If he did publish such names he would be liable for damages In actions for libel. GRASP STORM FOR BRIBING A MAYOR. Agent of Burlier Asphalt Company in Serious Trouble. Frel T. Sherman has been .arrested In Scuttle charged with having bribe! George T. Wright, mayor of Tacorr.a, 16000 being the sum In question, sayi a Tacoma dispatch. Sherman has been employed by both the Barber and the Independent Asphalt companies, and the brihe-y Is alleged to have occurred during the Issuance of extensive paving con tracts In Tacoma recently. A citizen's committee investigated, and Sherman wns their Informant The committee caused a grand Jury to be called, but refused to present ev idence when the county attorney de clined to promise Immunity to wit nesses. On Sherman's own statements, he Is not to be prosecuted. Wright de nies having received money. Sher man was brought to Tacoma this af ternoon, and Is being held under a 15, 000 bond. BOWLING GAME TONIGHT. Telephone Employes Will Be Matched Against Students From BuMlness College. The first of a series of bowling games will be played at the Brunswick bowling parlors tonight, between the employes of the telephone construc tion crew and the students of Pendle ton Business college. Both teams are In good condition and a first-class game is expected. Other games will be played following this one and a regular tournament will perhaps be organized, to take place at the Brunswick parlors. Snow Is Melting. P. H. Ruseel, who resides about 10 miles south of the city Is here today on a trading trip. He says the Chi nook wind Is blowing all over that portion of the county and the snow is rapidly melting. To Secure a Divorce. An action to secure a divoree has been brought by J. L. Llndsey of tills city against Lizzie V. Llndsey. They were married in this city In 1902, and the cause of action Is desertion. HEAVY SNOWS T FOUR FEET HAS FALLEN IN TWENTY-FOUR HOURS. Heavier Fall That Hns Come In SO Year Has Stalled Trains and Set Hie Rotary In Oieration Because of Dearth of Snow for Years Past tlie Snow Slieeds and Snow Fences Have All Been Removed Bnt Five Feet of Snow Has Fallen at Kaniela Planner Is Being Operated Today. The westbound O. R. & N. paasen ger train due here at 8:50 this morn ing was delayed four hours by snow on the Telocaset hills, east of Union. Four feet of snow has fallen In that vicinity in the pnst 24 hours, and a freight train was stalled for a number of hours on the hill, the passenger train being caught behind the freight. This is the heaviest sjiow recorded for thnt portion of the O. R. & N. for over 20 years. Formerly when the road was new it was difficult to keep it open on account of the heavy snow fall on the Telocnset hill, but of late years very little snow has fallen In that district, and all the snow sheds nnd most of the snow fences have been removed. There Is but five feet of snow at Kameln, on the summit of the Blue mountains, and the extraordinary fu'l on the Telocaset hill Is a new problem on the mountains. The rotary snow plow has been run over the road, and the flnnger will be run eastward from La Grande todny to clear the track. TO RAID SEAL ROOKERIES. Japanese Schooner Planned Making a Rich Haul. Advices have been received of an attempted raid made upon the seal rookeries of Copper Island, now guarded by Japanese patrols, by a Japanese sealing schooner, with sev .eral American sealers In her crew, says a dispatch from Victoria, B. C. William Dewett, formerly of San Francisco, one of the Yankees, wns shot three times by the guards on shore. News of the raid, which fail ed to achieve Its object to loot the rookeries, Is given In a letter from Hakodate, which says: "One of the sehooners tried to rnld Copper rookeries, but could not make It stick." The writer also stated that Dewett. though shot three times. Jumped over board and towed the boat with his comrades on board out of range of the rifles of the shore guards. The boat was riddled, but none of the oc cupants was killed. The schooner Sulfu Maru took IT sea otter skins last season, some being valued at upward of $1000 each. ELOCASET BEGIN WORK 1, Expected to Complete East Umatilla Irrigation Project by April 1 1907. SPECIFICATIONS ARE NOW FIRST PUBLISHED. Hcadgate on tlie River Will Be One Mile Above Echo, and Main Canal Will Be 22 Miles in Length, and 15 Feet Wide and Carry Six Feet of Water Dam Will Be 600 Feet Ixnj on the Bottom, 2000 Feet on Top nnd 97 Feet High Probable That Small Contract Will Be Let to Lo cal Bidders Will cost tlie Full l.000.000 Appropriated. Within the next 60 days the recla mation department will advertise for bids for the construction of the east Umatilla government irrigation pro ject, and work on the nrnwt m i.- gin about May 1, 1906. with a view iu completing it on April 1, 1907. The main canal will be 22 miles In length, tho headgate to be one mile above Echo, where a bed rock dam will be built across the Umatilla river The canal will be 15 feet wide on the bottom and will carry a volume of water six feet in depth. The canal will be so built that the slope of the walls will be one foot slope to each two feet In height of the wall, and will be built throughout on, a most permanent and scientific plan. - The- main reservoir is located ex actly eight miles north of Echo, where a dam consisting of 600,000 cubic feet material will be constructed. The reenvoir dam will be 600 feet long on the bottom and 200 feet long on top, with a concrete core through the center. The highest point of the dam will be 97 feet above the bottom of the reesrvoir. It Is estimated that it will require almost the entire appropriation of 11.000,000 tc place the project in readiness for use. It is not known if sny local contractors will bid on any ponton of the work or not. but it Is thought that this will be the case. The bids to be published by the gov ernment will give the features of the work in detail, and It Is probable that small contracts will be let to local people in the vicinity of Echo who have dene ditch work for a number of years. There are now 10.000 acres sub scribed to the Umatilla Water Users' association stock, and the ork of se curing stock is progressing satisfac torily. ARRANGING DEBATES. Whitman and the University of Idaho Choosing Question.. The presld.nt of the debate council received a communication from the University of Idaho yesterday, stating that they would accept the proposition recently made them by Whitman In regard to the Intercollegiate debate between the two colleges this year, says the Boise Statesman. Idaho wanted to submit the question for de bate again this year, although she did last year. This was on account of the henvy schedule of debates which Ida ho Is handling this year. Whitman offered to submit to them either the dispensary question or the railroad rate question, the one which Idaho will debate In their triangular debate with the Universities of Wash ington and Oregon. The latter ques tion was selected. This Is also the question which Whitman will debate with the Pacific university of Forest Oroe. Or. Whit man now hns a tenm of three seniors at work on this question In prepara tion for the second lntercolleglnte de bate with that Institution. Thus both Idaho and Whitman will have had the benefit of experience in an intercolle giate debate on the railway rate ques tion before meeting for their contest In Walla Walla. In the past Whitman and Idaho have won four Intercollegiate debates, so thnt the contest this year will be especially Interesting. It will proba bly occur late In April, or early In May. MAY 1S06 Killed In Fight With Panther. Eugene. Jan. 22. John R. Goldson. a sawmill owner, while hunting in the mountains west of here yesterday, was accl- dentally killed by a shot from his own rifle In a band-to-hand fight with a badly wounded and Infuriated panther. The rifle stock bore the mnrks of the mad animal's teeth. Goldson he had emptied the Inst chnm- ber, clubbed the gun and struck the beast, when the shell ex- ploded. i l