East Oregonian : E.O. (Pendleton, OR) 1888-current, January 25, 1906, DAILY EVENING EDITION, Image 5

East Oregonian : E.O., January 25, 1906, DAILY EVENING EDITION, Page PAGE FIVE, Image 5

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Newspaper Page TextEIGHT PAGES. DAILY EAST OREGONIAN, PENDLETON, OREGON, THURSDAY, JANCARY 25, 10. PAGE FIVE. " Won w Well as Rlen Are Bade mm by Kidney and Bladder Trouble. Kidaejr trouble preys upon the mind, -discowsKeaandlessetiaambition: hunt. : , , j , viuur anu cheerful. nesa soon disappear wuen ineicKinnvHRrt ' out of order or dis eased. Kidney trouble has become so prevalent that it is not unrnm. mon for a child to be born afflicted with wenlr Vii1nva Tftl.a child urinates toooften, if the urine scaldf the flesh, or if, when the child reaches an ago when it should I able to control the passage, it is yet afflicted with bed-wet, linn, depend upon it, the cause of thediffi culty is kidney trouble, and the first step should be towards the treatment of these important orKHiis. This unpleasant trouble is due to a diseased condition of the kidneys and bladder and not to habit as most people suppose. Women as well as men are made miser able with kidney and bladder trouble, and both need the same great remedy. The mild and the immediate eflect of . awamp-Kooi is soon realized. It is sold uy uniaxials, in niiy cent and one-dollar size bottles. You may hare a sample bottle by mail free, also a Boot of Bwuhp-ikx. pamphlet telling all about Swamp-Root, including many of the thousands of testi monial letters received from sufferers cured. In writing Dr. Kilmer &. Co., Binghamtont N. Y., be sure and mention this paper. Don't make any mistake, but remember the name, Swamp-Root, Dr. Kilmer's Swamp-Root, and the ad dress, Ilinghanitou, N. Y., on every bottle. CITY BREVITIES Nut sed. U C Rader. U C Rader. Nuf sed. Rader Carpets Rader. Carpets Rader Carpets. Rador Furniture Rader. Furniture Rader Furniture. Mcnlgtes restaurant, 306 East Court street. Meals 20 cents and up. John Galen's Family llauor store. Court St., opposite Golden Rule hotel. Buy a Pianola for your piano. Easy terms. Eilers Piano House, 813 Main treet. Have that old hat made as good as new at the Hut Hospital, 10 East Alta street. Wanted By boy at Business col lege, place to work for board; can do cooking and all house work. F. J. Donaldson has commenced moving his pharmacy to the room next to the Peoples Warehouse. When In Portland stop at the Hotel Oregon. Rates II per dajr and up ward. European plan. Free 'bus. For Rent Two new houses, corner Webb and Garden streets. Apply to Mrs. Frank Downey, 20B Webb street Easy work for women, (or School girls on Saturdays.) Earn money easily uy a little work. For partlcu lars. call at room 15. Association block. Dry goods clerk wishes position In eastern Oregon. General store pre ferred. Experience and references satisfactory. Address No. 146, Was. co, Oregon. A reasonable amount of food thor oughly digested and properly assimi lated will always Increase the strength. If your stomach Is a "little off" Kodol Dyspepsia Cure will digest whut you eat and enable the digestive organs to assimilate and transform all foods Into tissue-building blood. Kodol relieves sour stomach, belch ing, heartburn and all forms of Indi gestion. Palntnble and strengthening. Sold Vy Tallmnn & Co. VICTOR EDISON COLUMBIA Talking Mncl ncs and Supplies 5,000 RECORDS J. A. OWENHOUSE 813 MAIN ST. Distributor. JB5 PINE NUT CREAM Brisk buying of Pine Nut Cream Droves 2 its goodness in curing 2 chapped faces. Pine Nut Cream Is greasy. It is quickly absorbed and can be used t at any time. 25 cents a bottle. Koeppens' Popular Price Drug Store A. C. Koeppen & Bro's. tdviiup m unm I II I Ml D IU IIULU FUNK BLUE (Continued from page 1.) Taylor "I was down town." "At what place down town?" "In Nolte'a saloon. I wag looking for Mr. Davis, as he had not come to the office that afternoon, and found him there." "Why hadn't he come up that after noon?" ' "He said he didn't feel like It." "Did he talk to you about the short age?" "Yes; he said that they had found a shortage and that It would amount to about 33500." Davis Feared to Tell. "Why hadn't he told you about this shortage before?" "He Buid he hadn't the heart to do It." Taylor explained to the Jury about the Issuing of the receipts which were kept In the safe and counted as cosh before the tax money was paid In. When the work was crowded and It was Impossible to write up the receipts us taut ns the taxpayers came In, It was customary to give the party wish ing to pay his taxes an ordinary re ceipt, and later when the work was written up, to make out the tax re ceipt and collect the money. Some of the people Imposed upon him In this manner by not returning In a few days to pay their taxes, but waited a long time. The details of Issuing the tax re ceipts becoming somewhat dry, the attorneys livened up the evidence by a few personal remarks. "Mr. Phelps, It Is a good thing you are a lawyer; everybody don't know It," said Judge Fee. 1'rivale ISooks Show Sliortage. Taylor stated that Davis kept all the books, even the private accounts, and had charge of all the money paid out and taken In. He then took the pri vate account book and turned to the various accounts of taxes received In each year, and testified that these hooka of Mr. Davis, showed upon their face the shortages claimed by the ex perts, reading the amounts for each year. Ho said In addition that it any money was taken In or paid out that Mr. Davis would know It, and that the only way he could tell how and where the money was going was by the books. Cro4-examlnatlon. The sheriff was then turned over to the defense for cross-examination, and practically repeated his direct testi mony. The additional matter being brought out that Davis' books showed more money to have been received than the experts found. How Taylor Learned of Sliortage. Some Interesting things were also brought out regarding the first dis covery of the shortage. Sheriff Tay lor stated In reply to a question that he first learned there was a shortage in his office from a consultation which he had with Judge Fee and C. H. Car ter in the letter's office. This he said occurred on the Monday prior to the filing of the experts' report. "Did we Inform you then that we were acting for Mr. Davis?" asked Judge Fee. "Ves, sir," replied the sheriff. Mr. Taylor then told of having found Davis about 2 o'clock that afternoon In Nolte's saloon, and the latter asked him If he had seen "cer tain parties," evidently meaning Messrs. Fee and Carter. Just before the day of the inter view In Carter & Raley's office, Sher Iff Taylor had returned from a trip to SHem and stopped In Portland on his way home. "Did you not receive a 'phone call from Davis while in Portland?" asked Judge Fee. 'No, sir," replied Taylor, and he further dented having ever heard an attempt had been made to get him by phone. The sheriff was then asked If he had a list of the tax receipts that were In the office at the time of the dis covery of the shortage. But he re plied he had not, nor could he say what had become of the list, except that Davis had checked It up. He was then asked why, after he lenrned of the shortage nnd Davis had loft the office, he did not undertake to check things up nnd learn the state of affairs. To this Sheriff Taylor re plied bv saying there were doubtless many things he should have done nt tho time, but which In the worry and excitement he hnd overlooked. Many questions regarding the pay ment of back taxes and other, the particular dates on which such pay ments were received, were asked. However, nothing new was divulged. It was 11:40 when the crosa-exnm- Inntlnn of Sheriff Taylor was com pleted, nnd the court then adjourned until 1:30. I'l-mvcdlngs Tills Afternoon. Harry Fowler was on the stand rough hands and not sticky nor when court convened at 1:30. Ac cording to his testimony he had worked In the sheriff's office more or less for the past three years. He had done most of his work during the rush periods when the taxes were be ing paid. His part of the work was mostly reading off the assessment roll In making up the taxes and handled but little money. When he did take any In It was placed In the drawer and after checking up It was turned over to Davis. When Davis was out of town the money was put In the safe and turned over to Davis on his return. Mr. Fowler usually came back evenings to check up and see If the cash balanced with the receipts. "Were you afraid some of It might stick to somebody's fingers?" asked Fee. "No," replied the witness, "I merely wanted to see If there were any errors during the day." Joe Itlakely Called. Mr. Fowler was excused and Joe Blakely called. He testified In answer to Phelps" questions that he had never had a key to the money drawer and did not know the com bination to the safe. The only trme that he had handled any of the money was to make a deposit for Davis. He said that as far as he knew Mr. Davis handled all the money. He was next asked as to the money In the sack In the safe, and said that he saw the sack there, and asked what It was, and Mr. Davis told him that It was money and that he then asked why It was there to which Da vis replied that he had not had time to bank It. Now was the time when the large audience who had patiently waited through presentation of the mass of detail to get their reward. Blakely was turned over to Fee for cross-examination, and proved to be a wit ness that had a rapid-fire answer for every question hurled at him. "Did you handle any of that money In the sheriff's office?" asked Judge Fee. "What money In the sheriffs of flee?" replied Blakely. "Well, I asked you If you had ham died any of the money In the sheriffs office?" "You haven't said what money." "Answer." "You put your questions wtihout Insinuations and I will answer your questions." Judge Fee then asked: "Didn't you get 3600 out of the county funds to build that house of your's over there?" "No, sir; I didn't." "Do you mean to swear to this Jury that you never got the 3500?" "Yes, sir; I do, sir. I borrowed 3500 from Til Taylor and what Is more, I paid It back; every dollar of It." "Who did you pay It back to?" "To C. P. Davis." "Yes?" "Yes." "Why did you do that?" "Because Taylor told me to pay It to him." . The witness further testified that Taylor and Davis were the only mem bers of the office who had keys to the cash drawer and that when Davis was away the only one who could get Into the drawer was Taylor. By this time Judge Fee was mildly calling Blakely, "Joe," and proceeded to ask further questions concerning tax receipts which hod already been gone over. When told that he might step aside Blakely said "Thank you." to which Fee as mildly replied, "Thank you." Frnnk Sallng Again. At 2:30 County Clerk Sallng was called and testified regarding the turning over to him of the sheriff's books. This was done by the county court on August 25. "Were not two receipt books dug up two weeks ago In the sheriff's of fice?" asked Judge Fee. "Those were not turned over tme at the time." replied Sallng. Sheriff Taylor was then called. Shortage In Hlnkely's Term. At the outset the Bherlff stated he had been a deputy In the office during the term of William Blakeley. He asked to Identify certain books Judge Fee objected and District Attorney Phelps said: "We asked this because we are go ing to submit a report from the ex perts showing a shortage during the Blakely administration. To do this we must introduce these books." Startling Sieoch by Fee. Judge Fee strongly objected because he had not been furnished with a copy of the experts' report for the Blakley term. Consequently he charged the district attorney with being unfair to the deefndant. "Is this the character of work the district attorney Is going to do?" 'Yes, sir; It Is exactly," replied Phelps. 'Then I want to say," snld Judge Fee, that I have hnd great respect for the district attorney In the past and considerable knowledge of him. AIro I supported him for his office against my friend here (Ralcy) but If he Is going to do this way, there Is no office I will support him for." Mr. Phelps, replying, said In part: "Whenever the counsel wants to argue the morlts of the case I am ready, but I don't care to answer him In kind for I might become equally Indignant." Continuing, he said he would save Judge Fee the trouble of supporting him again, because he would not again run for office. "But," snld he, "I am ashamed of tho counsel who has sat upon the circuit bench, and now makes a breach of professional ethics by bring ing politics Into this case." At this a murmur of applause swept over the room and Judge Ellis rapped for or der. Continuing. Mr. Phelps said he wns merely doing his duty as district attorney and did not consider It nec essary for the defense to be furnish ed In advance with all of the state's material In tho case. However, he had given the main expert's report out of an abundance of caution. At the suggestion of the court, tho attorneys then argued regarding tho admissibility of the Blakeley books. Precedents were cited by District At torney Phelps, showing the books to be proper evidence, and at the con clusion of his argument Colonel Raley answered for the defense. Taken Under Advisement. At the conclusion .of the argument Judge Ellin took the matter under ad visement and declared a recess until 9 o'clock tomorrow morning. Late Yesterday Afternoon. During the cross-examination of Sheriff Taylor yesterday 'afternoon, the defense again attempted to bring the bi-monthly reports of the office Into court. However, District Attor ney PhelpB objected, saying he pre sumed the court by Its previous rul ing had barred the reports. However. Judge Ellis seemed inclined to admit them, maintaining such would be only proper with the sheriff on the stand. After some delay the decision on the point was suspended until this morn ing. Deputy Funk Again Called. Following Taylor's cross-examination A. C. Funk, now head office man, was called to the stand. He again described the manner In which pay ments were made by taxpayers and how the money received was turned over to Davis at the close of business. He declared that rule had been fol lowed continuously W the office, and that the amounts said by the experts' report to have been received In the office weer correct. Also, that these sums had all been turned over to Davis. On cross-examination the witness was asked by Judge Fee how he knew all the money had been turned over to Davis when he, Funk, had been absent on vacations several times. In reply he snld he could testify only re garding the time while he was In tho office. Other efforts were made by Judge Fee to embarrass and confuse the witness. In this he was successful to an extent, as the deputy, like Sheriff Taylor, made a poor witness for him self and merely answered questions without giving explanations that would have doubtless aided his cause with the Jury. The past record of Deputy Funk was Inquired about before entering the sheriffs office. He said he had been bookkeeper for Platzoeder & Mlnger. He was then asked If at one time while In their employ he had a controversy with Platzoeder over the counting of 31200, and admitted he had. Also, great stress was laid by de fendant's counsel upon a certain bag of money containing about 3900, which was kept In the office safe for some time last spring. An attempt was made by Fee to make the affair seem suspicious. However. Mr. Funk explained that the bag contained money paid upon taxes immediately after March 15, when the time for rebates was up. As there was a rush on at that time many payments on direct taxes were received, but only an ordinary receipt given. The money was then placed In envelopes and placed In the sack, where It was kept until the official receipts could be made out, when the money was turn ed over to Davis In the regular way. That Davis and all others In the of fice knew of the circumstance was de clared by the witness. Platzoeder Got His. At the conclusion of the cross-exam- Illation District Attorney Phelps took tne witness and said: "Tell the Jury all about the Platzoe der affair." Thereupon Funk turned to the Jury and said: "While I was working for Platzoe der & Mlnger the cash would often be found short. I learned that Mr. Platzoeder had been taking money without charging It to himself, and I spoke to him about It He said he had a right to do such, as It was his business. Eut I told him it was not fair to his partner for him to do so. Platzoeder then said he was onlv keeping even with Mlnger. As to the affair about counting the 31200, It was evidently an attempt by Mr. Platzoe der to 'catch' me, and how the extra 320 came Into the pile Is something I uon t know about." . It was then agreed that Funk be re called at the next morning session and an adjournment was taken. Suit for Divorce. V. A. Eastman hfs sued Ail.Ho w BJastmnn for divorce, the complaint In tne case having been filed this morn ing by J. B. Perry, attorney for the plaintiff. The two were married at Long Creek In August, 1893, and have one child, a boy of 12 years. It Is al leged the defendant deserted the plaintiff In 1903, and has since refus ed to live with him. Consequently, a decree of divorce Is asked and also the custody of the child. Asa TlioniiMim Improving. Asa B. Thompson, who Is confined to St. Anthony's hospital, Is consider ably Improved today. His fever Is reduced and his symptoms are very much more favorable than a few days ago. Marriage License. A marriage license was Issued yes terday to W. R. Bitney and Belle Thellodo. FOURTEEN SUFFOCATED. Mine Explosion In Arkansas Cut Off tho Victims. Fort Smith, Ark., Jan. 25. Four teen miners were suffocated and en tombed by an explosion In the Whlt tcvllle mine No. 6. three miles west of here last night. Sixteen were In the entry at the time of the explosion. Two escaped. Thirty-two in another section fled nnd escaped uninjured. A rescue party was formed Imme diately, but the entrance was so hot they could not enter. The superin tendent spurred the men on, saying the air wns sufficient to preserve the men's lives a short time. They made heroic efforts In the heat, dust and gas, but could not reach them In time. The bodies were recovered to day. There are 82 trust companies doing business In the state of New York, carrying an aggregate of 3668,945,362 in loans. Better Bargains Yet ij THERE: ARE STILL TEN DAYS OF OUR CLEARANCE SALE, AND THAT MEANS TEN DAYS OF OPPORTUNITY FOR EVERY ECONOMICAL SHOPPER IN PENDLETON. For This Week We Have Something Special Every customer who buys at one time or In one day, IS. 00 worth of goods or more, will be presented FREE one of the following ar ticles, the customer to take his or her choice: A FINE PICTURE WORTH 25C! or A GOOD COOK BOOK WORTH 25C' These are given yon FREE, If yon buy $3.00 worth or more In one day. All Clearance Prices will continue this week, and we will save you money on your purchases, and give you a present besides. The Fair Dept. Store Main Street, Pendleton PERSONAL MENTION E. P. Marshal went to Echo today on business. J. E. Rlngle, of Helix, Is here today on business. James Haskell, of Pilot Rock, was In the city last evening on a trading trip. D. C Brownell, the pioneer irrigator of Umatilla, Is her today attending court. J. N. Gentry, of Holdman, Is in the city today on a trading trip and to attend court. Royal Sawtelle of Athena, was a visitor In the city yesterday, and re turned home this morning. John McMasters. a sheep buyer of North Yakima, arrived yesterday and Is looking over the local market situ ation. C. F. Van Dewater, O. R. & N. ticket clerk at Walla Walla, left this morning for his home after a brief visit here. Mr. and Mrs. W. J. Furnish will leave for California next Sunday morning, where they expect to visit for a month. J. F. McNaught, head of the Max well Irrigation company, came up from Hermlston last evening to at tend to business here. Mrs. G. W. Proebstel of Weston, came down on the evening train yes terday and Joined her husband, who has been here serving as a Juror. L. Shank, the hide and pelt buyer of Portland, Is In the city. He will remain several days looking after his business. Yakima Daily Republic. L. H. Vllhaur, traveling salesman for a San Francisco hardware firm. Is In the city today from Pendleton, where he makes . his home. Raker City Herald. Dr. T. J. Lloyd, the well known veterinarian, returned last evening from a professional visit to Adams, where he was called to treat a valu able work horse. Mr. and Mrs. R. A. Watson are expected to arrive tomorrow night from Portland. Mr. Watson will take editorial management of the Morning Tribune of this city on January 29. KNIGHTS OF PYTHIAS DINNER, At Hotel Pendleton in nonor of Grand Lodge Officers. Preparations are now being made by the local Knights of Pythias for a dinner party to be given at the Hotel Pendleton Saturday evening in honor of a party of grand lodge officers who will be here at that time. There are eight members In the party, and they are expected here Saturday while on an official tour of eastern Oregon. It was originally their Intention to be here when the dlst-ict convention Is held, but owing to a conflict they At the lodge meeting last evening! J. W. Maloney, Roy Kaley and Dan P. Smythe were appointed as a com mittee to prepare for the entertain ment of the visitors. Notice, of Trustee's Sole. Notice Is hereby given that the un dersigned trustee of the estate of Joseph Hoch, bankrupt, under and by authority of an order duly made and entered In the matter of tho estate of Joseph Hoch, bankrupt, will sell at public auction, for cash In hand, on Tuesday, the 30th day of January, A. u. 1906, at two o'clock p. m. of said day. at the Hotel State, corner Webb and Cottonwood streets. In tho city of Pendleton, Oregon, the following described personal property belong ing to the estate of said bankrupt, to wit: The stock of wines, liquors nnd cigars, bar fixtures, cash register, 23 sets of bedroom furniture, and any nnd all other personal property be longing to the estate of said bank rupt not exempted by law, also the leasehold Interest of said Joseph Hoch, bankrupt. In and two said de scribed premises. Dnted at Pendleton, Oregon, this 16th day of January. .'906. JOSEPH BASLER, Trustee of the Kstate of Joseph Hoch. Bankrupt. Wanted nt Once Architectural draftsman; state salary expected. Write or call. 'Phone Black 3301. C. E. Troutman, Architect. Pendle ton, Oregon. Box 4 84. The Modem Way Why Eilers Piano House Is In a Position to Cat the Prices A FEW FIGURES THAT ILLUS TRATE WHAT CAN BE DONE XOW YOUR OPPORTUNITY TO GET A PIANO NO HOME NEED BE WITHOUT ONE, Cut rates on Pianos. You have heard of cut rates on drugs and gro ceries, but cut rates on pianos? How Is It possible? you ask. That's Just It Before such a thing could be ef fected there must have been a com bination of very unusual conditions. In the first place It means buying In large quantities getting out of the small way of doing business. It means the cutting out of every use less and unnecessary expense. It means the shipment of pianos with out boxes in special cars which saves big sums on freight charges. Then It means the selling of pianos so excellent and satisfactory that the public demands them. We Have Accomplished Just These Things We buy for the largest and busiest stores on the Pacific coast In Port land, Ore., San Francisco, Stockton and Oakland, Cal., Spokane, Seattle, Wash., Boise and Lewlston, Idaho; also Astoria, Salem, Pendleton and Eugene, Ore. We buy the best pianos that money can secure. If we went all over the world with hun dreds of thousands of dollars to spend on pianos, It would be impossible absolutely Impossible to get better pianos than we have right here in Pendleton today at our Main Btreet store simply because we already have the best that money can buy: Chlck- erlng, Weber, Kimball and other splendid makes. Here you see Is the combination. Here every condition Is met. The re sult Is inevitable. We must sell more pianos than other houses and, of course, we do a great many more. We not only sell more and bettor pianos, but we sell them cheaper, be cause of our better facilities. The same grade of Instrument sold by others for as low as 3415 and some times advertised by them as "having been reduced" from 3500.00. We sell for as little as 3268 and even lower. We not only sell more pianos and better pianos and at lower prices, but we sell upon the easiest terms. For instance, you may come to our store and take your choice of our beautiful and extensive line. Pay us 310 down and 38 a month and in a short time the piano is yours. Or, ifyou wish to test the piano, to prove that all we claim for It and more, Is true, we will allow you to rent any new piano, even a Kimball or a Weber. You pay us tho cartage and a reasonable month ly rent. After a time if you are satis fied with your Instrument you may re tain It. and we will allow you on Its purchase price all you havo paid us for cartage and rent. If you are dls snttsfled with It. you may exchange It for another piano, and again you are at liberty to return It at any time, and all you will be out Is tho rent and cartage. Hither of these is an Ideal plan for those who cannot afford or don't wish to buy outright Eilers Piano House Main street, next to Boston Store.