BA1LYEVENINGEDITI0N
,- Read the advertisement! In tht
East Orefonian. They come from
the most enterprising citizens.
Rain or enow tonight; Wednes
day rain or mow; colder; strong
j southerly breeze.
VOL. 18.
PENDLETON, OREGON, TUESDAY, JANUARY 23, 1900.
NO. 5573
! DAILY EVENINGED1TI0N
t WEATHER FOREOA81
JURY
COMPLETE
IN DAVIS CASE
W, Daniel of Pendleton
Qualified During Examina
tion of Special Venire'.
TITE DTTOSIXG COCNSF.L
PRESENT Tl 11)1 It CASKS.
Summary if Exception Taken to
Tmlnviion 'Serving oil the Jury;
DoTtiiho Object BecuiiHe They Ar
Ih-aim ty Sheriff Taylor and He
nnrtp Tliey Are Taximyers ami
"Thus Interested Partli One Kie-
clal Vcniro Ordered Drawn liy the
Coroner County Clerk Snllng Wan
the First Wltm failed for the
Ntatc, and Slierlff Taylor tlio Second
Court Itoom Crowded Willi Sprc-
tunors.
ThlB afternoon the 'taking of evi
dence In the trial of C. P. Davis com
menced and the first gun for the
prosecution was find when Frank
Sating, county clerk, was railed to the
ntiintl.
However. Before he was called
Judge Fee. 'fur the defense, asked that
all witnesses In the case be excluded
from -the room. District Attorney
Philips agreed to this excepting In the
case of Expert Buchanan, whom he
desired in "the room ffor consultation,
Judge Kills made a general order ex-
eluding witnesses, and said exceptions
might be made later If necessary.
Sheriff Taylor and Counry Clerk Sal
lug were allowed to remain.
After Mr. Sallng had been asked his
official position he was requested to
Identify a pile of the sheriff's books.
which had been h'ft In his care. This
he did by saying they had been In his
care since they were runted over to
him by Clark & Burhanan last July.
After a few questions Mr. Haling
was excused and Sheriff Taylor called
to the stand. He was also required to
Identify the pile of books In evidence
and mid they were the tax rolls from
1894 to 1901. Each book was then
described by him In detail. The books
were then marked as exhibits by
Stenographer Beckwith. This was
slow process, and It waa "2:30 when
the task was finished. Meanwhile the
room full of spectators waited pa
tiently In hopes that after the pre
llmlnarles were over there would be
something more of Interest.
First Clash Yesterday.
The first legal clash at the trial oc
curred yesterday afternoon when
Judge Fee for the defenwe, objected
to the special venire of (Jurors which
had been drawn by Sheriff Taylor up
on the orders of the couit.
H. F. Johnson was the 'first of the
new panel to be examined, and when,
in reply to a question of Judge Fee,
he stated that he had been uummoned
by Sheriff Taylor, nn objection was
made on the ground thai since the
sheriff was a prosecuting witness he
wag not qualified to draw a venire
of Jurors. In support of his conten
tion a brief argument was ' made by
Judge Fee to which District Attorney
Phelps replied, maintaining that the.
sheriff was not a party 1o ithe suit.
However, he said that had counsel for
tho defense raised the objection be
fore the venire had been ordered, he
would have conceded the point.
Judge Ellis stated that it was -a
point In which his discretion was In
volved, and explained that Sheriff
Taylor had shown delicacy In the mat
ter by asking If the action woald be
proper, and had been ordered to draw
lh panel since there had been no ob
jection offered by the defense. Judge
Fee. contended that the time for the
objection was when It developed that
the venire had been drawn by the
herlff.
By law It Is specified that when the
sheriff la barred from securing Jur
ors the same shall be done by the
coroner. However, Judge Feo refused
to move that the coroner be requested
to draw the panel, saying that ho
would leave tho matter with the court.
At this Judge Ellis overruled the
objection that had been raised by the
defense, and an exception was taken
and allowed.
' Two Objections to Special Venire.
Since no objection was made by
tho defense until the sheriff had se
cured the special panel, it la possible
they used such tactics so as to have
Mrs. Smith Waa Arraigned.
San Francisco, Jan. 23. Mrs.
Adeline Smith, a woman ac
cused of having swindled many
women on the Pacific coast and
who was arrested here Sunday
on the charge of obtaining
money by false pretenses, was
arraigned this morning, but the
case was continued one week.
a basis for an appeal In case of a
conviction.
In the subsequent examination of
'the Jurors in the special panel objec
tion was made by the defense upon
two grounds: First, because they had
been chosen by T. D. Taylor, present
sheriff, and who Ih named as a wit
ness In the Information against the
defendant; secondly, because the jur
ors were taxpayers of the county, and
thus Interested parties In tho suit.
The persistency with which these ob
jections were ralHcd, Indicates that
they are regarded as of value by the
attorneys for the defense and will
doubtless be used should an appeal
be taken later.
Two More Secured.
H. F. Johnson, the first of the new
panel examined, was excused after he
had declared his opinions formed re
garding the case.
M. L. Warren, of McKay, was next
examined and accepted, after the
court had overruled the two objections
mentioned above as being offered by
the defense.
A. C. Hemphill was next questioned
and proving satisfactory, was accept
ed, though the same two objections
were offered by the defense.
D. K. Bell, who was then called,
was also challenged for catrse, as was
also M. I, Morrison, the last of the
special panel.
Preparations were than made for
the drawing of another panel, and at
this stage Judge Fee objected to the
same being made by the sheriff. After
some discussion, In which a slight
clash occurred between Judge Fee
and District Attorney Phelps, the
court stated that he would Instruct
the coroner to draw a special venire
of four, and that an adjournment
would be taken until 9 a. m. today.
Phelps Outlines tTase.
It was a few minutes after 11 when
District Attorney Phelps took the
floor for his opening statement. "May
it please the court, and gentlemen of
the Jury," he begun, "this Is a criminal
action brought by the state of Oregon
against C. P. Davis. For your Infor
mation I will read the Information
that has been filed against the de
fendant." Thereupon the Indictment was read
and showed Davis to be charged with
larceny of public money, the specific
(Continued on pag I.)
TEN MILES GRADE HKDY
EASTWAHD FROM RIPAHIA.
Estimated That by the End of Tills
Month Fifteen Mile of Truck Will
lie 1 4i id ami Before Uie First of
March Fiirty Miles Will lie I-ald
There Is ail Al lance or Material
on Hand, and Only Interruption of
me steamlMHit Service Prevented
Completion by Uio Flrtt of Xext
April.
Riparia. Jan. 23. Chief Engineer
Boschke of the O. H. & X.,. is here
Inspecting the work on the Ix-wiston-Itlparla
line and he states timt track
laying will begin the first of the week.
There are nine or 10 miles ready
for the rails, out of Klparia; by the
end of the present month 15 miles of
track will lie laid and within a month
from this date, with the present rate
of progress of grading maintained the
road will be ready for the rails to Al
mota, a distance of 10 miles from this
point. The first 15 mllos of track will
bring the line to Central Ferry or
Perrlngton's Bar.
The track-laying machine under
any conditions con average a mile
day and with favorable conditions can
put in two miles of steel dally. There
Is an abundanco of steel here and no
delay will be encountered In securing
material to keep the machine in
steady operation.
The fact that It will be possible to
have about 46 miles of tho road com
pleted within a month or by March
1 shows that the entire line will have
been completed by April 1, as at first
planned, If Interruption of the steam
boat service had not Interfered.
NEW CONCENTRATING MILL.
Will
Do .lobbing Work for Several
Grand Ronile Minos.
The various difficulties that arose
out of the sale of the Mulr mine up
Grand Ronde river were adjusted by
the parties In this city yesterday
afternoon and the purchasers, Messrs.
Wards and Crablll, are arranging to
Immediately Install their large con
centrating mill, which will have a
dally capacity of 30 tons. This mill
would now be In operation had not
the mine been tied up In the courts.
Orders for 50,000 feet of lumber have
been placed for the construction of
buildings at the mine.
Arrangements are also under way
to have the wagon road which was
built by the Grand Ronde Lumber
company, up the river, extended about
three miles more, and when complet
ed, will shorten the distance to the
mines from this city about 12 miles,
and will cut out the famous Bly hill.
La Grande Observer.
TRAGKLAYIN6
BEGINS SOON
JOHNSTOWN IS AGAIN FLOODED.
Pittsburg, Jan. 23. The business portion of JohnHtown, famous
for the disastrous flood of 1889, is again suffering a flood. Cellars
under all buildings In the business district are filled almost to the
sidewalks and much merchandise Is ruined. Water Is at the stage of
12 feet in the Connemaugh river and if the rain continues as it
has for the past 18 hours, a serious flood Is likely to result.
People In the lowlands of the outskirts have been forced Into
second floors or out of the district entirely. One street railway line
has suspended. The fire department Is busy pumping.
A tremendous rain has swollen all the streams, the Connemaugh
and Stony creeks, which are rivers rushing through the city. The
latter are out of their banks. The street railway tracks are under
18 Inches of water. The authorities believe there la no danger to
life.
IS
United States Attorney Morri
son Says the Government
Only Wants Fair Trial.
DEFKXSE STICKLES OVER
THE OPENING STATEMENTS
Packers' Attorneys Maneuver for Ad
vantage! In the Presentation of the
Cam When Uie Trial Has Actually
Itctpin Morrison In Scheming to
He Able to Present as Testimony In
the Trial tlie Evidence I pon Which
the Indictments Were Rased, No
Matter Though Immunity Waa Ac
tually Promised Bitter Fight Over
Tcvhnlculltlcw la in lYogTOts.
Chicago, Jan. 23. United States
Attorney Morrison this morning re
plied to charges of bad faith made by
the packers against the government
in the beef trust cases. He declared
the packers had attempted to create
prejudice against the prosecution so
the verdict would shield the defend
ants. The government demands
nothing but a fair trial and Just ad
ministration of the laws.
Defendants' attorneys made objec
tions to the ruling of the court that
after Morrison had made statements
calling the packers' lawyers guilty of
trickery, the government should be
allowed the same great latitude that
had been given the defendants In
making the opening statements.
Morrison called his opponents cor
poratlon trust lawyers.
The crux of the government's con
test is that the admissions upon
which the Indictments are based was
not made under oath and therefore
Immunity from the laws is unappll-
cable. Morrison declared he thought
of Immunity as an afterthought.
Charge after charge was made by
Morrison, which the court ruled It
would be proper for him to prove.
The defendants drew the prosecu
tion's fire by objecting. Morrison
said he would call attorneys as wit
nesses to prove his contentions.
FAVORS A LIMITED MONARCHY.
Bavarian Prince Makes) Himself I'n
IHipulur al Berlin.
Berlin, Jan. 23. Prince Louis of
Bavaria, has announced he favors
universal manhood suffrage, declar
ing that monarchy the safest which
is upheld by the people. Court circles
in Berlin are offended.
Burton Case Advanced.
Washington. Jan. 23. In the su
preme court, motion was maJo for
advancement of the hearing In Sena
tor But ton's case. The motion was
made by Attorney General Hoyt and
concurred In by ex-Secretary Carlisle
in Senator Burton's behalf.
McCtill Trying to "Square."
New York, Jan. 23. All the car
riages and horses belonging to Alex
ander McCall, the former life Insur
ance president, were auctioned yes
terday and netted $2500.
Vladivostok Squadron Safe,
St. Petersburg. Jan. 23. The Vlad
ivostok squadron, reported lost, is
safe in the harbor at Colombo, Cey
lon. Washington, Jan. 23. France will
blockade the Venezuelan coast. It is
learned thero orders are being pre
pared at the naval office at Paris for
transmission to the squadron now In
Caribbean waters.
Information conies from an un
questioned diplomatic authority here
that tho blockade will be established
within 10 days, or as soon aa a propor
number of vessels can be assembled
on the coast of Venezuela. France
has three warships within a few days'
IT
MOW
CHARGED
BLQGKAD
:
FIGHT OVER
0
Majority Report Recommends
"Joint" Statehood as "Okla
noma" and "Arizona."
NO DIVISION WILL BE
MADE AS TO OKLAHOMA
Fight Is Made by Uie Advocates of
Separate Statehood for Arizona and
New Mexico Majority Report Pro-
Tides for Prohibition In That Por
tion of Oklahoma Known Now as
the Indian Territory Also Estab
lished the, Capitals of the ProMied
New ConuuoiiMvultlut Canal Sup
piles May Not Be Purchased Out
side of the United States Ensign
Wade of the (unboat Bennington Is
Acquitted.
Washlngljm, Jan. 23. Hamilton
chairman of the committee on terrl
torieB, submitted to the house the re
port of the committee favoring th
admission of Okrahnma and Indian
territories as one, and Arizona and
New Mexico as another stale. A re
port of the minority opposing Joint
state hood for Arizona and New Mex
Ico was also presented. The fight on
the bill opens tomorrow. Republican
insurgents have Joined with the demo
crats. Both sides express confidence,
The majority report says the state
of "Oklahoma" may be admitted as
soon as a constitution is adopted, and
the state of "Arizona" may be ad
mltted not earlier than seven and
half and not later than 11 months af
ter the approval of the act.
Each state Is divided into two fed
eral judicial districts, and Oklahoma
Is allowed five and Arizona two mem
bers In the national house.
Proper provision is made for non
sectarian schools and teaching Eng
lish. Suffrage, well guarded and
strong anti-polygamy clauses are In
cluded.
The states are to assume the debts
of the territories.
The capital of Oklahoma is fixed at
Guthrie, and of Arizona at Santa Fe
until 1915. when a capital may be es
tablished by elections.
The constitutional convention of
Oklahoma is required to adopt a con
stitutional provision making the In
dian territory prohibition.
Must Buy In the Vnlted States.
Washington, Jan. 23. The amend
ment to the urgent deficiency bill, al
lowing hte purchase of canal supplies
outside this country, was defeated.
Ensign Wade Acquitted.
Washington. Jan. 23. The navy
department announces that Ensign
Wade, of the gunboat Bennington.
has been acquitted by the courtmar
Hal, and ordered to duty.
New Governor of New .Mexico.
Santa Fe, Jan. 23. Herbert J. Ha
german of Roswell, was sworn In as
governor at noon today, with simple
ceremonies. He is 33 years old, and
the youngest man to ever hold this
office.
Stockbrokers Fall.
Pittsburg. Jan. 23. E. D. Garner
& Co., stockbrokers, have assigned.
Liabilities $200,000.
E
sail of the coast, and two more are
about to be sent from Europe.
Although Germany, Great Britain
and Italy have been Informed of the
decision, their permission to block
ade the ports upon whose customs re
ceipts they have a Hen has not been
asked, nor will it be. France consid
ers her political rights transcend the
fiscal rights of other countries, and
the blockading will be done with the
full consent of the United States.
France may land troops aa a "supple
mental remedy."
STATEHOO
VENEZUELA
HOHOWED MICH MONEY.
is if"
Marks Among the Great
hianclcrs.
ft w
r s urK Jan.
urn uuii. vol. w. u.
f S" If dltor of Town Topics, was
..imined In the Dcuell-Hap-o
jel Bull. 'He said the Golsome
1 stories arose from persons In
and members of exclusive
and not from servant,
.nn admitted borrowing $2500
frtr. J. P. Morgan, $2500 from How
ard Gould, $25,000 from William K.
Vanderbllt, $20,000 from John W.
Gates and $10,000 from Thomas F.
Regans of the Morton Truit mink.
Mann stated he gave his notes to
these men and renewed them and
gave shares In the Town Topics Co.
stock to some In payment. Charles
M. Schwab declined to loan him $10,
000. HISTORY OF THE AI'IDABAN.
Wus Once the Mainstay of Uie Bra
zilian Government.
Uio Janeiro, Jan. 23. The Aqulda
ban, which was destroyed yesterday
by an explosion, was the most famous
war vessel of the Brazilian navy. At
the time the Aquldaban was launched
experts pronounced her one of the
strongest vessels of any navy. Sh?
was turned over the the Brazilian
government about 14 years ago.
In 1894, when the naval forces of
the republic revolted, the Aquldaban
became the flagship of Admiral De
mello. For six months she lay in the
harbor, an unassailable fortress. At
Intervals she bombarded the city of
Rio de Janeiro with her small guild,
and her crew attempted to regulale
the foreign shipping in the port.
CHINESE AND FRENCH FIGHT.
War Considered Possible In Imlo
Clilna, Where Trouble Took Place.
Marseilles, Jan. 23. The Chinese
mail brings an account of an in
vasion of Tonquln, French Indo
Chlna. by Chinese regulars, who en
countered a French force of 400. The
Chinese were defeated In a three
hours' battle. Three hundred were
killed and as many wounded. The
French lost 16. A Franco-Chinese
war is possible.
ST.L
STARTLING HEVELATIOX8 BY
' ' - MISTRESS OF A DIVE.
Sixty Memliers of St. Louis Police
Force Cluu-gcd With Receiving
Share in Panel-House Robbcrlea
NameH of Victims Kept by a Keeper
of One of These Deiw Police Re
ceived 75 Per Cent of the Proceeds
of the Crimen.
St. Louis, Jan. 23. Records of
thousands of panel-house robberies
in the tenderloin district, in which
money and jewelry valued at $1,000.-
000 were stolen and Bhared with the
police, will be presented to the St,
Louis grand Jury in the shape of a
ledger kept by Ollle Roberts, who
conducted three panel-houses in the
Missouri metropolis, and Is now serv
ing a 10-year sentence In the peniten
tiary for murder.
The ledger contains the dates of the
robberies, the names of the victims,
where they were learned, the
amounts taken and the share the po
lice got.
Sixty members of the police force
are named as participants in the di
vision of the booty, and so heavy a
tribute did the police levy on tho re
sort keeper that they got "5 per cent
of the value of the robberies.
RKvoi.rnox is nearly ended
Foreign Lnnn and Peace Next on the
Program.
St. Petersburg, Jan. 23. Official
circles exultantly announce that the
whole Russian empire Is quiet with
the exception of the Baltic provinces
and the Caucusus. Witte affirms
that the revolutionary mist has been
dispelled and expects a prompt con
clusion of a foreign loan. Following
the placing of the loan Wltte looks
forward to a definite era of calm and
peace.
DAVIS MIST STAND TRIAL.
Held Partly RcsMu.ihlo for Uie Iro
quois Horror.
Chicago, Jan. 23. Judge Kavan-
augh today refused to quash the in
dictments in the Iroquois theater case
and held Will J. Davis, manager, frr
trial.
Davis is charged In six counts with
manslaughter because of the death of
Vlvla R. Jackson, one of the 692 vic
tims. The first four counts allege
negligence in failure to comply with
hte fire ordinances.
Cardinal (iottl Dying.
Rome, Jan. 23. Cardinal Glrola-
mo Maria Gottl, prefect of propagan
da. Is dying by pneumonia.
POLICE SHARED
OS CRIMES
PENDLETON TO BE
TRANSFER POINT
Part Carload Lots of Freight
on 0 R. & N. Are to Be
Worked Over Here.
NEW METHOD WILL FA
CILITATE SHIPMENTS.
Long Delays in Unloading SmalE
Shipments Along the Line Will Be
A voided All Points on the O. II. &
N. System Tributary to Pendleton.
Will Receive Their Shipments Sim
ultaneouslyGeneral SiiTtnt-fid-ent
Buckley and Superintendent
Campbell and Assistant Superin
tendent Connolly Are Here Today.
To revise the methods of handling
through freight, in order to be able
to deliver shipments quicker than at
present, and to make Pendleton the
chief freight transfer point for all
freight destined from the east to
points north of here, is the purpose
of the visit of General Superintendent
M. J. Buckley, Superintendent D. W.
Campbell and Assistant Superintend
ent William Connolly of the O. R. 4
N., In Pendleton today.
The party arrived this morning In
private cars 02 and 03 of the O. R.
& N. lines, and will perhaps be hei
until tomorrow in the work of chang
ing the methods of handling thirugli
freight.
At present all the freight coming
west over the Harriman lines In part
car load lots Is delayed conslderably
by the fact that the cars having small
lots of freight for different points are
stopped at each place and a portion,
of the shipment unloaded.
In this way the freight destined
north of this city is often greatly de
layed and In order to remedy this
condition and to rush all shipments
through to their destination at the
earliest possible date, the officials
are devising a new means of handling
this condition.
If the plans of Superintendent
Buckley are carried out as outlined
all shipments of freight destined for
this territory and points north, will
be rushed to Pendleton from the east,
and here reloaded and each shipment
sent to Its destination from here, and
the long delays occasioned by stopping
partly loaded cars at Huntington, Ba
ker City, North Powder, La Grande
and other points will be prevented.
When the new method is put into op
eration, all points on the O. R. & K.
will receive their freight shipments at
the earliest possible date and simul
taneously all along the line.
This will give the Harriman lines'
a great advantage In the northwest,
and will place them In position to de
liver shipments in the competitive
territory north of here as quickly as
either the Northern Pacific or Great
Northern, beside facilitating ihlp
ments on the main line of the sys
tem through Oregon.
It will mean that Pendleton will be
the destination of all part carloads of
freight not billed through to Port
land and at this place each car will
be worke1 over and each parcel of
freight sent out to Its destination on
the train which will deliver It with
the least possible delay.
For a number of years O. R. & X.
officials have been working on this
plan but until now nothing definite
has been done. General Superintend
ent Buckley and Superintendent
Campbell spent several days in Hunt
ington last month endeavoring to
handle the part carloads from that
place, but owing to the enormous
amount of freight destined for points
north of Pendleton, It was decided'
that this was the logical point at
which to work over the shipments,
and the plan will be put Into effect at
once.
11. A. W EISS IS DEAD.
Widely Known Milling Man
Parses
Away at Rutte.
Butte. Jan. 23. R. A. Weiss, a pio
neer and one of the best known min
ing men In tho northwest, is dead
here as a result of paralysis. He op
erated extensively in Spokane and
the British northwest, and was the
discoverer of the Moorecroft oil
fields In Wyoming.
leniiscy Mines Sold.
Marysvllle, Cal.. Jan. 23.
The American Smelting & Re
fining company of the Guggen
heim syndicate, has purchased
the Dempsey mines near Marys
vllle. A large smelting plant
will be built and other copper
properties In the district will
be purchased.
-