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