East Oregonian : E.O., January 26, 1906, DAILY EVENING EDITION, Image 1

'.'1 M ir.:- - i
OAILYEVENINGEDITION
Read the advertisements In th
East Oregontan. They come from
the moit enterprlilng citizens.
WEATHER FORECAH1
This afternoon, tonight and Sat
urday, fair.
VOL. 18.
PENDLETON, OREGON, Fill DAY, JANUARY 26, 190.
NO. 5576
I DMYEVENINGEDITION
r a mr m "l saw
RECORDS
WILL
BE
Testimony Brought From the
Blakley Term in the Trial
of C. P. Davis.
DECISION FOLLOWED
PROTRACTED DEBATE.
Tho Records, Uto Admission tif Which
Was In Contention, Were Kept ay
Mr. Davis an Dlukcley's Dcjuity
Stale Will Undertake to Prove
Shortage: During Illukeiley's Term
When All the Deputies Itut Me.
Davis Were Different From Those
Serving Under Mr. Taylcs Dutenae
Will Deny These Claims in Part
Defense Plead for Time to rrajuuw
a Defame.
At 11:30 this forensoa Judge Ellin
ruled In favor of the prosecution in
the matter of admitting the bonks of
the Blakeley term as evidence in the
Davis trial. The decision was given
after an exhaastlve debate between
, the attorneys which lasted practically
all forenoon. Following the decision
an unsuccessful attempt was made by
the defense to secure additional time
In which to prepare their case.
Just as the court bouse bell sound
ed the first stroke of 9 this morning,
Judge Ellis rapped for order and the
Jury was called.
KxluiusUve ArgunuaiL
Following the roll call John lie
Court took the floor In support of
the state's contention that the books
kept by Davis during the Blakeley
term be admitted. The aubstanoe of
his argument was that a shortage also
occurred durlnk the Blakeley term
while Davis was keeping the books;
that a different set of deputies were
then employed and consequently
showing such would negative any ef
fort on the part of the defense to show
that other parties than Davis were re
sponsible for the shortage under the
Taylor administration. Also, he held
that showing the shortage during
lilukelcy's term would throw light
upon the Intent in the crime for which
Davis Is being tried. However, It
was stated no effort would be made
to show that Davis was guilty of theft
under Blakeley's term, as such would
not be permissible.
An hour was taken by Mr. McCourt
In his argument, and at the conclu
sion Colonel Ralry took the floor for
the defense. Among other things he
said he would admit and wished It to
go upon the record, thnt mistakes had
been made In the office. But he
maintained all the money had been
turned over. In fact more than had
come into the office. Also, that it
could be shown that Deputy Funk
kept the bonks for over two months
during the Hlnkeley term of office.
Following Colonel Raley District
Attorney Phelps spoke britifhy upon
the Buhject citing authorities in sup
port of the state's cnntentltm.
Ellis Sustains Stum
Following the arguments Judge
Ellis stated that under the law the
defendnnt could not be tried for any
other crime than the one with which
he Is charged. That as a rule evi
dence regarding another case was aot
admissible, but that there were ex
ceptions to this rule, and that It was
the Idea of the state that the present
case came under the latter head. He
declared himself Inclined to the opin
ion that the defendant must be pre
pared to meet anything relative to the
case that might prove admissible as
testimony. That they must expect
the state's attorneys to put In every
thing bearing upon the case; and thnt
notwithstanding the views of the de
fendant's attorneys, they must be pre
pared to anything that may be pro
duced. That If In the present case the
testimony desired would tend to show
a series of acts leading up to the
shortage or mistakes charged; or if
It would tend to show who was re
sponsible or would negative the con
tention that another was to blame, the
evidence would be admissible. After
a slight pause he then a Id:
"Gentlemen, the objection to this
testimony will be overruled and the
same allowed."
"Have an exception," replied Col.
Raley.
Santa Barbara Is Missing.
San Francisco, Jan, 26. Tho
marine exchanges and ship
agents are still without tidings
of the schooner Santa Barbara
which loft Seattle Saturday with
19 passengers for San Francis
co, and which should have ar
rived here Wednesday. All
ports are advised to keep a
lookout.
INTRODUCED
"Exception allowed," responded
Judge Ellis. ,
Defense) Pleads for Timet,
Immediately after the decision had
been given Colonel Raley took the
floor and said that in preparing for
the present case, Davis, his son and a
friend had worked night and day go
ing over the Taylor books. That to
prepare such Information regarding
the Blakeley term would require even
more time. Consequently, It would
not bo fair to the defendant to force
him to meet the case without due ex
amination. "The state has only to
placed their hired experts upon the
stand, and what means have we to
refute them? We would simply be at
their mercy, and in behalf of the de
fendant we ask for time."
Phelps Resists.
Replying, District Attorney Phelps
sold he wished to say a word for the
experts. "I presume," suld he, "thut
when an attorney Is employed for the
defense In such a case. It Is expected
that he will roar and storm, but for
experts to testify seems wrong. How
ever, I want to say that this county
Is now many thousands of dollars
ahead lay reason of the expert's
work."
Continuing, he said the defense was
not acting in good faith when they
charged they had been taken by sur
prise when the Blakeley affairs had
been offered In the trial. "In my
opening statement I said:
Quotes 0M-iUng Statement.
" There is other testimony which we
will undertake to show you gentle
men; that prior to the Taylor admin
istration, for instance during Blake
ley's administration, the defendant
was acting as chief deputy during
that term and pursued the same
course of figuring, the same course of
taking money that he did follow up
during the Taylor administration.
And we expect to show you a number
of different Instances which we be
lieve will fasten upon your minds be
yond any possible doubt In the world
tnat tie knew he was taking the
money, and the result of this case
must necessarily simmer down to one
of two propositions and that Is. that
either the defendant Davis took this
money and falsified his accounts and
(Continued on page 6.)
jdsephlSn
is identified
THE ENGINEER WHO WAS
KILLED NEAR HI PARI A.
Had a Record as an Originator of
Daring and Original Schcmcx, One
or Which Was to Disarm the Mis
sissippi River, the Grout Scourge of
Uie Appalachian-Rocky Mountain
HomIii Would Reclaim From Flood
Disasters Over 15,000,000 Acres
Valued at 11.000.000,000 Was a
Texan and an Inventor.
Working in the obscure position of
foreman of a construction crew on
the O. R. & N. along the Snuke river.
while awaiting his appointment as ni
engineer on the Pannma canal. Joseph
n. Linton, whose body lies In the
morgue at Colfax, awaiting orders
from relatievs In Texas, has Just been
identified as the daring engineer who,
In April, 1903, startled 'engineers of
St. Louis and the Mississippi by pro
posing a canal, or a series of enna's
to shorten the water route from St.
Louis to the sea by several hundred
miles.
me man wno, a snort two years
ago, was lankcd upon as the coming
saviour of over 15,000,000 ucres of
fertile soli in the district south of St.
Lonls, valued ut 11,000,000.000, was
killed In an out of the way cump near
Itlparla Sunday, January 14,
It required a week for the officials
to fully establish his Identity. He was
killed by a falling rock which his
men could not dislodge, and which
he, In a fit of temper, leaped under
to pry loose.
Linton's plan of shortening the wa
ter route south from St. Louis was
published In full In the St. Louis
Globe-Democrat of April 14, 1903.
His Bcheme was to shorten the wa
ter route several hundred miles; al
low the dangerous flood waters to es
cape In one-third of the time now re
quired; reclaim millions of acres of
overflowed land, lower than the flood
line to the alluvial plain, extend the
draining level farther beneath the
surface, counteract malarial Influ
ences and furnish a channel for sea
going vessels of large tonnage to St.
Louis.
Linton's mother has been found In
Keene, Texas, and she asks thnt the
body bo sent there. The body has
been embalmed and was being held
awaiting the discovery of the relatives
of tho deceased. From, papers found
In his possession it was evident thnt
ho was more than a common railroad
laborer. These showed that he was a
civil engineer of standing and had
done Important work In the middle
wcBt. He had several patents pend
ing for Inventions he had perfected
and at the time of his death was ex
pecting an appointment on the Pana
ma canal. Mr. Linton was 86 years
old.
T CASE
IS
Taking Testimony in the Effort
at Removal Will Be Re
sumed February 6.
ALIEN LABORERS WILL HE
DISCRIMINATED AGAINST.
The House Acoepu a Suggestion to
Apply the Eight-Hour Rule In Con
struction of the Panama Canal to
Americans Only Senator Hcyburn
Renews Ills Attack Uxm the Gov
crnmciital Integrity of San Domin
go From a New Direction and Ad
duce Certain Arguments in Favor
of Annexation Correspondence of
Roosevelt With Colonel Mann Made
Public.
Washington, Jan. 26. Supplement
ary testimony In the Smoot case will
be taken February 6. Smoot, discuss
ing the case, declares he represents
no faction of his state, but all the
poeple In Utah, and says he Is under
nu Influence of any church or party.
Discriminate Against Foreigners.
Washington, Jan. 26. In the house
today Dalzell offered that the rule
providing that the urgent dettclency
Din be so amended as to except aliens
from the eight-hour work law estab
lished for the canal mone, thus mak
ing the eight-hour law apply only to
American laborers. The motion car
ried. Hcyburn as a Jingo.
Washington, Jan. 26. Heyburn of
Idaho, In the , senate this afternoon
advocated the annexation of Santo
Domingo on account of Its strategic
Importance, to be used as a picket
post for the Panama canal.
Roosevelt Would Not Bite.
Washington, Jan. 26. The state
ment given out at the White House
thlB morning In view of Mann's tes
timony yesterday, Includes copies of
the correspondence of the president
with Colonel Mann, in which the ex
ecutive returned a copy of "Fads and
Fancies" with the declaration that
since he had never given photographs
for publication, he could not accept
the volumes.
Senate With the Statehood Bill.
Washington, Jan. 26. The senate
committee on territories today order
ed a favorable report on the state
hood bill passed by the house yester
day.
Taft cabled to Manila today a dente,!
thnt this country Intends to sell the
Philippines to Japan and pronounced
the rumor absurd.
Railroad Bids Accepted.
Washington, Jon. 26. Official an
nouncement Is made today of the ac
ceptance by the Philippine govern
ment of the bid of J. G. White & Co.,
Vanderbllt and others, forming the
syndicate for the construction of th.:
railroads in Cebu, Panay and Negros,
Shouts on the Stand.
Washington, Jan. 26. Shonts. be
fore the senate committee on canals,
today admitted drawing $12,000 from
the Clover Leaf. He told of condi
tions on the Isthmus when he was
there In July, und described what has
been done since In building hotels
und boarding houses for laborers.
PackiTs' Cuse Continued.
Chicugn, Jan. 26. The packers'
case was agoln continued from this
morning until Monday at 10 a. m.
The conferences proposed yesterdny
of seeking an agreement on facts
among the attorneys Is being con
tinued. Refuse to Announce Plans.
Paris, Jan. 26. The council of
ministers discussed tho Venezuelan
situation today and refused to an
nounce the plans which were formed,
and were told the United States said
the French plans were accepted by
the American government.
Si
REVVED
JUSTICE HAILEY WILL BE A CANDIDATE
Salem, Jan. 26. (Special to the
East Oregonlan.) Justice Thomas G.
Halley of the supreme court, today
announced that he will be a candidate
for tho office of Justice of the state
supreme court at the coming state
election In June.
He will go to his home In Pendle
ton some time next week to register,
and will Immediately afterward file
his petition with the secretary of
state.
Owing to the urgent demand among
TELLS
Crash Was an Absolute Sur
prise and Produced Panic
Among Nearly All
STRUCK HEAD ON AND
WAVES REVERSED HER.
Water Poured Into tlie Doomed Ship
With a Deafening Roar Small
Boutts Were Smashed Like Eggshell
Some Men Risked Their Lives to
Save Others Distressing Story of
Destitution and Suffering on the
Part of Many of Those Who Bench
ed the Island and Escaped Drown
lug; Wreckage and Bodies Are Jc-
lug Washed Asliore Rescuing
Parties Are Out.
Seattle, Jan. 26. G. Wlllotts, one of
the passengers rescued from a raft
of the steamer Valencia by the Tope-
ka, tells the following story:
"The ship struck at 12:07 o'clock,
the morning of Tuesday, January 23,
I was on deck at the time, smoking
a cigar and was looking at my watch
when the first crash came. In an In
stant all was excitement. There were
shrieks from frightened men and wo
men, wulls of little children and
hoarse orders from officers. The ves
sel reeled like a drunken man, slid
over a reef and struck again.
uommiuia to nack ner off was
given, and she went astern full speed,
but too late. Water poured In like
a mill race, and with a sound which
drowned all else. The wind swung
the vessel's Mern to the beach and
head to the waves. This saved many
lives, as she was then swept back to
shore and struck once again, in such
a position that she remained parly
above water and on an even keel.
Every wove now washed clear over
her, and many people who hastily
rushed on deck went to their deaths
without time to murmur a prayer.
"Order was given to get out the
boats. Two of them on the weather
side were launched and smashed like
egg shells as soon as they struck the
iter. Then came an attempt to get
out the lee boats. Purser O'Fsrrell
took charge. Four women and a num
ber of men went In the lee boat I
don't know how many, but she was
practically full. Just as they were
lowering it the other davits broke and
the stern of the boat fell to the water.
while the bow hung In the air."
Destitution unil Suffering.
Victoria. B. C, Jan. 26. The situa
tion at the scene of the wreck this
morning Is much more favorable for
life saving, as during the night the
sea has gone down, and the steamer
Salvor, which has evidently been ly
ing nt Bumfield, will sail out to the
wreck and see If any aid can be fur
nished. Meanwhile another and If possible
more terrible chapter In the whole af
fair Is being written along the const,
at the telegraph huts, where nine sur
vivors drifted ashore the day of the
wreck. Several attempts to get to
them had been fruitless.
This morning reports from Bam
field were that the men were In ter
rible condition. Unable to walk, some
even unable to stand. They are thus
unable even to get to proper places of
shelter and r.re sitting destitute, cold
and starving. They have no provis
ions excepting the meagre amount
cerrled by the party of th'ree which
left Bamfield yesterday, and who
managed to get some sustenance to
them. One has sprained his ankle
and others have no boots. All are ex
hausted.
Last evening the entire party at
tempted to cross a swollen stream to
go to the wreck, and one nearly lost
his life. Logan and Daykln, two
young men who started two days ago
to help these people with ropes and
gear, could not get across the stream.
Wreckage is coming ashore all
along the beach and it Is reported the
bodies of a woman and child were al
so washed ashore. ,
The Ilghtkeeper at Beale has start-
all parties for a democratic member
of the supreme court, Justice Halley
has been solicited by friends in all
parts of the state to make the race
for this office and it Is upon these
urgent sollletatlons that he has de
cided to enter the race.
Mr. Halley Is a native of Union
county, having been born at La
Grande, and Is well known all over
tho state. Since going to Salem he
has mad-! many warm friends among
all parties and his candidacy Is looked
upon with favor from every quarter.
SURVIVOR
STORY OF WRECK
ropes and
$1500 for His Life.
Seattle. Jan. 26. Among those
supposed to have perished when the
Valencia went In pieces was J. B,
ur.mam, a passenger, und with him
went a bag with $1500 In gold. Sur
vivors of the wreck say Graham fran
tically offered the bag of gold to any.
one wno would place him ashore.
Others paid little heed to his plead
ing, end the gold lay on the broken
deck, kicked under foot, no one both
ering even to pick It up.
Graham recently sold a mine in
Alaska for 160.000. "It was one time
when one could not buy what one
wanted, said the survivor. "I'm
coming Into a saft harbor without a
cent. Why, even this shirt I have
on belongs to another man, and I
haven't even a hat. But the bag of
gold or this ship loaded with bullion
wouldn't tempt me Into such a place
again."
Vessel Entirely Submerged.
Victoria, Jan. 26. The tug Lorene,
which arrived at midnight from the
Valencia, went Into Esquimau on ar
rival, to land a party of 14 bluejack
ets from H. M. & Egerla, under Lieu
tenant Knight, who were chosen from
the entire ship's crew, all hands of
which volunteered to endeavor to as
sist any persons who remained on tho
wreck. The Lorene went close to
the wreck and the Fgeria's boat's
crew rowed to within B0 yards, find
ing the vessel entirely submerged and
considerable wreckage and debris
scattered about. No bodies were seen.
Rcscneft by City of Topeka.
Seattle, Jan. 26. The following Is
a list of the survivors who arrived at
Seattle on the City of Topeka: C. Al
lison, J. J. Johnson, G. L. Wllllts, P.
Poivlner, Q. D. Harradan, M. Far
prey. P. V. O'Brien. W. Raymond, K.
W. Carrick, W. D. Johnson, C. Aluh
me, F. Lehn, Joseph M. Caffery, J.
Walch, A. Hawkins, J. Hoddinott,
Peter Peterson, T. J. BcCarthy, Thom
as Shields. John Marx. W. Goslin, T.
Lampson and C. Brown.
MATLOCK AND WALTERS
FOR A WEST END BRIDGE,
Other Subscriptions From Residents
of That District Are Possible The
Wliole In-oject Is Being Revived and
May Be Brought Before the City
Council Street Paving Expendi
ture Would Probably Reach the
Ctly's Limit for That Class or Im
provements anil Thus Forestall Co
operation by the City.
Once more the proposition of a
west end bridge across the Umatilla
has been revived, and It Is probable
that the matter may be brought be
fore the city council at a meeting in
the near future.
For a long time the property ow'n-
ers In that section of the city have
been anxious for "a bridge, and have
offered to contribute freely for the
same. Of these men W. F. Matlock
and Fred Walters have been in the
lead, and it Is now said that each has
offered to subscribe $1000 to the pro
ject, should the city decide to con
struct a bridge.
However, it may be impossible to
secure any action by the council be
cause of the lack of money. Should
the street paving plans of the coun
cil be carried out. It Is understood
that the limit of indebtedness would
be reached, thus leaving little money
fur anything else.
BUSINESS HOUSES BURNED.
icwiston Ixisses Nearly Covered by
tho Insurance.
I.ewiston, Jan. 26. Fire last night
destroyed the tailoring establishment
conducted by C. E. Gibson & Co., In
the small frame building owned by
Harry Kettcnbach, resulting In a loss
of $1300 covered by $1000 Insurance.
The shoe repairing shop owned by C.
J. Hill, adjoining the tailor shop, was
also destroyed, but the loss here re
sulted from water as there were no
flames to touch this part.
The origin of the fire is a mystery
The shop was closed and no one was
around. It Is supposed that electric
wires became crossed as there were
a number that were attached to the
Irons for the purpose of heating them.
CHICAGO WHEAT MARKET.
Quotations From the Greatest Wheat
Center In the World.
Chicago, Jan. 26. Wheat closed
today at 85 6-8; corn at 44 3-8. and
oats at 31 1-4.
Frank A. Jones Is President.
Washington, Jan. 26. Frank A.
Jones of San Francisco, was re-elected
president of the National Marine
Engineers' Beneficial association to
day. The delegates were received by
the president.
ed down the coast with
food.
WOULD
DONATE
E
SHALL THE COUNTY
LOAN ITS FUNDS?
Taxpayers Demanding Tjjat
Some Income Be Received
From Idle Cash.
BANKS WOULD GLADLY
BID FOR USE OF FUNDS.
At Present the County Treasurer Se
lects Ills Own Depository, the Coun
ty Receiving Nothing From Cash on
Hund Nez Perce tuntj, Idaho,
Has Adopted the Competitive BUI
Method and Derives Large Revenue
From Idle Fund It Would Re
quire But .10,000 Per Year at 4
Per Cent to Pny Yearly Salary of
Ctunty Treasurer In Umatilla
County.
Shall the funds of Umatilla county.
which Ho Idle In the bank for months
at a time, without drawing a cent In
terest for the county, be made a
source of income to the county?
7. his question is now being discuss
ed by taxpayers and It seems likely
to be the chief Issue lif the election of
a county treasurer In the coming
election.
At tho present time the funds of
the county are left on deposit In a
hank or the treasurer's own cliooHing,
and the county receives no Interest
from the Idle funds whatever.
The cash balances If loaned at a
small rate of Interest per month
might be made the means of paying
almost the entire salary of the county
treasurer. In the course of the year.
The salary ot the oountjr treasurer Is
$1200 and H would require but a total
annual average of $30,000 at 4 per
cent per annum to pay the salary la
Interest from county funds.
In Nez Perce county, Idaho, this
method has been adopted, and banks
bid for the use of the county funds,
the bank bidding the highest being
designated aa the depository for the
funds for the term specified.
The East Oregonlan believes this Is
practical and highly desirable In Uma
tilla county, if the income from the
use of the county funds can be made
to pay the salary Gf the county treas
urer, it would be a saving of $1200
per year for the taxpayers and Is
worth considering.
Let the banks in the county which
desire to use tlie county funds, inako
bids for the money, and let Vm.itilUi
source.
In this way the county wculd be
doubly secured, since the treasurer
would be bonded and the bank using;
the funds would also be required to
give bonds as a depository for the
county fund and the taxpayers would
be relieved of some of the burden.
It Is one way to offset the enormous
outgo of money, by deriving an In
come from a hitherto unemployed
source of revenue.
The next county treasurer should
be elected uxn the promise that the
county shall receive some income from
the Idle funds.
The banks would bo glad to have an
opportunity to bid for the use of the
funds. Let Umatilla county utilise
Ihls resource.
TWO VICTIMS .MAY RECOVER.
Not All of Ncucbu voter's Slmts Had
Fatal Effect.
Boise, Jan. 26. Mrs. Gray, one of
the seriously wounded in the tragedy
..lonuuy morning, is reported by her
physician to be doing nicely, with
more thnn a fair promise for her re
covery. Her son, Lafayette, who was
thought to be fatally wounded, rested
well today.
It was the belief of physicians that
If he rested as well tomorrow his re
covery would be expected.
Neuebaumer, the man who did the
shooting nnd then took his own life,
will not be buried until after the ar
rival of his brother from California.
The body has been embalmed and will
remain at the parlors of Schrelber &
Brennan until the funeral.
Miirtlaco Was Hanged.
Jersey City. Jan. 26. Nicola Mur
daco, who chopped his wife to death
was hanged this morning.
HuiwmhI Wok Acquitted.
New-
York, Jan. 26. In h
suit charging Norman Hapgood
(of Collier's) with criminal li
bel. Prosecutor Jerome this
morning took up the case and
discussed the alleged libelous
article obout "Town Topics"
from a legal standpoint as to Its
Justification and excuse and
said. "We deal with the case as
developed by the testlmnnv"
Later The Jury found Hapgood
s" not guilty.