East Oregonian : E.O. (Pendleton, OR) 1888-current, January 29, 1906, DAILY EVENING EDITION, Image 1

East Oregonian : E.O., January 29, 1906, DAILY EVENING EDITION, Image 1

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Newspaper Page Text0A1LYEYENIHGEDIT10N DA1LYEVEH1NBEDITI0H Read the advertisements In thf East Oregonlan. They come from the most enterprising citizens. WEATHER FORECAST Probably snow tonight; warmer Tuesday, rain or snow. VOL. 18. PENDLETON, OREGON, MONDAY, JANUARY 29, 1906. NO. 5578 11 TO SHIFT BLAME Opening Statement Indicates Deliberate Purpose to In criminate Funk. BUCHANAN'S ABILITY NOT BEING DEMOLISHED. CoiiKldcrnble Acrimonious Delmte Be tween the Attorney Judge KIIIm Ruled Against the Admission In Ev idence of the Hooks of Miitzocdcr & Mlngcr Kept by Mr. Punk Sev erul Years Ago Motion by tlio De fense to Strike Onf the ExKTt' Summary, die Ulaklcy Books and the Report of Uie Experts, Were All Overruled After Heated Argument. In the Davis trial tKls morning the attorneys for the defense began upon the presentation of their side, and their opening volley showed a change of front upon their part Instead of demolishing the expert's report as Colonel Raley said In his opening statement would be done, their start this morning Indicated that they will now try to cast the burden of the blame upon another. Deputy A. C. Funk, bookkeeper, and now serving as head deputy In the office, 1 the person singled out for this purpose, and in a characteris tic speech this morning Judge Fee, by direct statements and insinuations, sought to blame him for the heavy crime with which his client Is charged. Latest of the Dny's Proceedings. After a certain slight error In the work of Davis had been shown. Judge Fee asked him It he had not occasion ally mad atfas error and he as sented. "Did you ever Intentionally commit an error?" he then asked. "No," responded the defendant. When one particular receipt was reached Judge Fee asked Davis If the Item wis one In which he had been charged with a shortage by the ex perts. Davis replied It was and fig ures were then given to show the ex perts were inaccurate in having charged a shortage of S4 when In re ality more money was shown than hud been received. Some time was taken for this and County Clerk Haling pro duced the county court journal at the Instance of Judge Fee. The defense then offered the Jour nal in evidence, but the district attor ney objected on the ground that It w.ia immaterial. Judge Fee contend ed otherwise and also Attorneys Ra ley and McCourt took part In the de bate. It was brought out during the same thatthe claim of a discrepancy was was based by the defense on an abatement made by the county court four duys before the receipt waa Is sued. Judge Ellis finally sustained the ob Jectlon of the state and ruled the entry out. Should the defense be permitted to offer all the receipts In evidence It Is probable that most of tomorrow will also ba taken up thereby. IimIkc Fee Opened Defense. After hearing the sensational asser tions of the defense Saturday after noon, a large crowd had assembled this morning when Judge Fee took his place in front of the court and said: "Before proceeding to file motions this morning, we ask that Till Taylor apd Funk be called for further cross examination." The court Instructed Mr. Taylor to take the stand. "Who made the changes In those books of Rlakley's?" asked Fee. "Mr. Davis did." "Did you see, him make the changes'" "No, Mr; I did not." Mr. Fhelps then asked, "You are acquainted with his handwriting?" "I am." "Do you know that to be his hand writing?" "I do." Sheriff Taylor then surrendered his place upon the stand to Deputy Funk. Judge Fee exhibited the books which Funk kept for Platzoeder & Mlnger and asked If It waa the set of books he kept. He received an affirmative anBwer. Judge Fee then asked to admit the Platzoeder books In evidence. Mr. Phelps Immediately objected that the booka had nothing whatever Say lie Stole $30,000. Chicago, Jan. 29. A petition for a receiver for Palmer, Ful- ler & Co. waa filed thla after- noon by Harp, Partridge Co., alleging that "J. . R. Latng, the treasurer, has left Chicago tak- Ing $80,000 of the company's assets." to do with the shortage In the sher lff-s office. Deputy Funk Assailed. This provoked a very heated dis cussion on the part of Judge Fee, who thundered forth: "We beg to submit these books to show that this man whs In the sher Iff's office about the time that the alterations appeared upon the rec ords. We submit them to show that the system which has been pursued on these books that this man kept Is the same as kept In the bonks under Blakley's administration. We beg to show a shortnge In Platzoeder's books from his record. We will show from his own books that he did not have $1200 In gold when he said he did That he only had 1400 in gold and the rest In checks. I will show that the system kept for Platzoeder cor responds with the books kept In the sheriff's office. "I will make It so evident to the Jury that they will have to say that Funk Is the man who made the short age. "And I say that we can show by the figures In the Platzoeder books that It Is this man Funk who made the figures on the books In the sher Iff'a office that he and Taylor says were made by Davis. "If he falsified one set and made a shortage in one set of books, this Jury is entitled to know It, for this shows a design and a system by an employe of the office. "I charge that this man Funk made deliberate, Intelligent and false en tries on these books and I will make It good." "If the court please." said Mr. Phelps, "this la about three times that they were going to make good." "Well, we will make good," said Fee. District Attorney Phelps then spoke against the admission of the books, saying that he was willing that Mr. Funk should be cross-examined con cerning the 11200 transaction, but that the books were not admissible In evidence In this case. Judge Fee continued, "If he made erasures and shortages on these books nnd accounts, which he did almost dally. It ought to be good evidence In this case." John McCourt's voice was heard. "If It please your honor," aald he. "they want to introduce these books' that Funk ha acknowledged to be his. In order to get some one to iden tify the figures on the sheriff's books as those of Funk's, claiming that they are Identical to those on the Platzoe der's. Mr. Funk has been working in the sheriff's office for four years, and If they want to see what kind of fig ures he makes, let them go to the books that are here In evidence." inis man Funk," replied Judge Fee. "Is a highly Intelligent and hon est Individual and hence ought not to be examined, la about the argument of John McCourt Sometimes men don't like to be confronted with their past misdeeds." "That is unfair and uncalled for," flashed Phelps. (Continued on page 6.) " T HAVE PITCHED BATTLE 0 OVER WAGE DISPUTE. One .Man Killed and Anollicr Wound ed Iocnl Politician in the Affray Eight Ncm-l'nloii .Men are Under Arrest by the Sheriff, With Sonic Danger of Lynching Upon the Ar rival of the Authorities the Recalci trants Delivered Themselves I'p Trouble Was the Result of an Old Controversy. Ooldfield, Nev. Jan. 29. Jack C.ln- eau lies dead In the morgue at To- nopan tonight, and George Cole, a member of the legislature from Nye county, is shot through the arm n the result of a pitched battle between union and non-union miners at Clif ford's, on the Manhattan road. Sheriff Tom Logan lute this nfter- noon placed eight non-union men. who are charged with precipitating the trouble, under arrest and brought them to Tonopah tonight unHnr n strong guard to prevent lynching. As soon as the news of the shooting renched Goldfleld. Sheriff Bud Cnr- berry assembled a posse to go to the scene of the trouble. George Cole. who was for years president of the Delamar Miners' union, with a com mittee of miners, union men. went to Clifford's, the scene of a strike, to Interview miners charged with work ing for less than (5, the scale. A man named Hlmlss is said in hv opened fire, shooting Cole through the arm and Gtneau through the head. A pitched battle foil nw.it ho. tween union and non-union men. The arrival of Sheriff Logan upon the scene resulted In the recalcitrants giving themselves up. Sentenced to Ifnng. Kansas City, Jan. 29. Austin Francis waa denied a new trial and aentenced to hang March 15, for the irder of Winona Lewton. MINERS NEAR TONOPAH CHECKS MAY BE State May Tax Them When They Represent Interest on Government Bonds. PLAINTIFF CLAIMED THE SAME KXKMITIO AS BONDS. United State Supreme Court Holds Tliey Are the Equivalent of Cash La-it Resort of Heaven and Co-con splrutnr Hum Bii Apeuled to awl i'nlled Them Senator Rnrton's Hearing Advanced to April 2 Taft Frankly Admits Error in Pnsiilslng That Panama Money Sltould Pass on the Isthmus on Equality With American Currency Vila Assessor at Seattle. Washington, Jan. 29. The supreme court today In the case of the Iberia Savings & Loan association of San Francisco, decided that taxes levied upon United States checks represent ing Interest on government bonds, are vailed. The plaintiff claimed for the checks the exemption from state tax ation according to government bods. but today'a opinion holds that checks for bond Interest should be consider ed as plain cash. Burton's Hearing Advanced. Washington, Jan. 29. The supreme court advanced Senator Burton's hear ing to April 2 and granted a stay on a mandate In the case of James How ard, accused of the murder of Gover nor Goebel of Kentucky. A motion for a rehearing will be presented. Demurera by Beavers and companions recused of postoffice frauds were overruled. Taft Acknowledged Error. Washington, Jan. 29. In acknowl edging he made a mistake In Includ ing the monetary agreement with Panama an arrangement to make the coins of that republic a legal tender In the canal zone, Taft has taken the edge from all criticism In the senate with regard to that agreement. Before the senate committee on fi nance he this morning made further explanations of the agreement. Pal- ley announced that as the provision had never been In force, and the sec retary was so frank in making the avowal he had no intention of press ing the matter. Vilas Mill lie Assessor. Washington, Jan. 29. Senator Piles called on the president this morning recommending C. E. Vilas for assayer at Seattle. The appointment will be made. General Wheeler Burled. Washington, Jan. 29. General Wheeler was burled at Arlington this afternoon with all the honors due his rank. Visited Washington's Tomb. Washington, Jan. 29. The Chinese commissioners visited Washington's tomb today. Carnation luy In Washington. Washington, Jan. 29. Carnation day was observed today. All visitors to departments were given the late president's favorite flower. VAN SCHAICK WAS CONVICTED. Captain of S locum Held Guilty of Criminal Negligence. New York, Jan. 29. Captuln Wil liam H. Van Schaick waa, lute Satur day night, found guilty of criminal negligence In falling to have fire drills on the steamer General Slocum, which he commanded In June, 1904, when the stenmer burned, with the loss of 1000 persons. He was immediately sentenced to 10 years' Imprisonment by Judge Thomas of the district court. The Jury disagreed as to two other counts In which he was charged with criminal negligence by the tolerance of life preservers of a poor quality on the steamer. MRS. CANF1KLD SHOT. Murdered lit Ios Angeles by Discharg ed Employe, iaoa Angeles, Jnn. 29. Summoned to her front door, Mrs. C. A. Cnnfield. wife of one of the men who have made millions In the development of the oil Industry in southern Califor nia, was shot down and killed by Maurice Buek, a former coachman of the family. The shooting came after the refusal of Mrs. Can field to lend Buck 12600 with which to start In business for himself. A strenuous and organized attempt will be mado at Eugene to enforce the law against giving, or selling to bacco or cigarettes to minors. TEN SURVIVORS RESCUED TODAY Revenue Cutter brings in Ten Aiive and . Several Bodies From Valencia Wreck. THE WORK OF RESCUE IS EXTREMELY DANGEROUS. Three Bodies Hejiorted at Victoria, One Relieved to Be That of Thomas E. Uoelschcr, Uie Millionaire Body of nn Iowa Man Found Willi Idea Uflcation Card From an Accident Association A Party of Nine Sur vivors ReucheH the Salvor and Are Landed at Bunifield They Were In Bad Condition Wreckage and the Bodies Strewed Along Uie Island Shore for Many MUex. Seattle, Jan. 29. The revenue steamer Grant has Just arrived with 10 survivors and three bodies from the Valencia. The rescued were: F. J. Campbell, G. Wlllita, S. Han cock, George Belekos, Max Stencler, Frank Rlchley, G. Samuels, Mlka 8tone, T. Bron and Yasuml Hosadi, a Japanese. The dead were: Harvey Greggy, passenger; R. N. Nelson, third engineer; J. Wallace, waiter. The bodies were taken to the morgue. Officers on the Grant reported 10 more bodies on the beach two miles from the scene of the wreck, but ow ing to the heavy surf they were una ble to bring them off. Eight of the bodies were men and two were chil dren, Carl Mare and sister. Tne three dead men brought down on the Grant were members of the crew of the first raft which landed on Turtle Island. The men died from ex posure. After picking up the survivors of the wreck at Bamfleld, the Grant be gan the search for bodies on the beach. Lieutenant Cole succeeded in making a landing on the beach al though a heavy surf rendered the work extremely dangerous. Three Bodies at Victoria. Victoria, Jan. 29. Three more bodies have been recovered. One is thought to be that of Thomas E. Hoelscher. He has considerable money. Another has $24 an dthe third la unidentified. Cape Beale reports the body of Fred Erickson of Oelwein, Iowa, Is ashore one mile east of there. His purse contains $90.75, and has an Identifi cation card from the Woodland Ac cident association. Nine Survivors Rescued. Victoria, Jan. 29. The last of the party of nine Valencia survivors who were stalled at Darling river on ac count of flooded waters, reached the steamer Salvor at Bamfield creek last night. They were In a bad con dition. All the survivors who landed on the short near the wreck are now being cared for. Before returning. Captain Ferris, who headed the rescue party from the Salvor, visited the wreck. He reports the beach literally covered with wreckage and five bodies on the shore are identified. A second party left the Salvor yes terday afternoon. They went as far as Pachenn, carrying palls of provis ions and extra clothing. At S o'clock they were Joined by a landing party sent from the United States revenue cutter Grant. At Pachena provisions were made to succor survivors. A party was sighted at 3:10 p. m. on a point of rocks. They had under taken to reach the beach as the trail was too hard for men to navigate In such a famished condition. F. F. Bunker and F. Marshall were found on the beach In a bad condi tion. The two men were taken to the telegraph hut at Pachena and given food. Soon afterwards, and while those two were being cared for, a rescue party arrived with other sur vivors. All were completely fatigued. The survivors who were picked up by tne Salvor yesterday at Toquort were found on Turtle Island, and those brought In by the rescue party had been removed on board the Unit ed States revenue cutter with the ex ception of two who were too 111 to be transferred. TRIAL MIDSHIPMAN MEI.VIN. Question Raised of Jurisdiction of Tills Pnitlcnlar Court. Annapolis, Jon. 29. The trial of Midshipman Melvtn, of Illinois, accus ed of hazing five fourth-class cadets, waa resumed this morning. Lieuten ant Graham, counsel for the accused, raised the point of Jurisdiction of the court, saying it was acting under a law which waa repealed by later laws. The Judge advocate said the point Is a new one, and adjourned to consider It. COL. W. I). MANN ARRESTED. Complaining Witness Is Now Defend ant for Perfitry. New York, Jan. 29. Colonel W. D. Mann, editor of Town Topics, was ar rested today on a charge of perjury growing out of the testimony In the criminal libel proceedings against Norman Hapgood, the editor of Col lier's. Mann was arrested in his of fice hy a detective of District Attor ney Jerome's staff. He was arraign ed before a city magistrate and held In $in,u00 ball for examination next Thursday. The specific charge stated In the warrant, Is that he falsely swore In the Hapgood trial In denying that the Initialed "O. K." on a letter from Count Reginald Ward to Moses E. Wooster was his own. A letter from the count to Wooster was offered in evidence by Hapgood'x counsel. It referred to certain para graphs which were to appear concern ing the count and asked that he be put on the "posting list of Town Top ics." This request waa underlined In the original letter and marked "O. K., W. D. M." Mann denied having placed the Initials on it. HORSE THIEF ARRESTED. "Chuck" Hays Accused of Rrinirliitr Stolen Slock Into Oregon. Walla Walla, Jan. 29. William Lafferty, commonly known around Prescott as "Chuck" Hays, has Just been arrested by Deputy Sheriff Hav lland. three miles north of Smith Springs on the Snake river breaks, on a charge of horse stealing, and land ed In the county Jail. He la charged with being one of a gang who stole several head of horses about the first of January from John Rogers of Prescott, and drove them down Into eastern Oregon. "Chuck" will be taken to Prescott to appear in court by Sheriff Painter. The date for his preliminary hearing on the latter charge has not yet been designated. SANTA BARBARA IS SAFE. Hod a Hard Voyage From Seattle to Snn Francisco. San Francisco, Jan. 19. The Santa Barbara reached this harbor hut night after a tempestuous voyage down the coast from Seattle. The storm almost accomplished her de structlon. Seas swept the decks and flooded the cabins, and at one time there were three feet of water in the hold. MADE VOLCANOES OF OIL WELI.S Strikers Accused of Blowing Humble Field Wells. Houston, Texas, Jan. 29. By a systeu of plugging wells .his morn ing It Is alleged the Humble oil field strikers have caused a serleB of vol canic disturbances, opening craters which swallowed up derricks, hu.ilng fire, mud and rocks hundreds of feet into the air. FIRST COURSE PUBLIC SCHOOLS BUSINESS INSTRUCTION BY PROF. A. A. PETERSON. klninnlli Falls and Baker City Pre wiring for a Similar Innovation. But Pendleton Is the First City In Ore gon to Acrunlly Install a Commer cial Course as nn Integral Part of ' the Public School Curriculum In structor Was the First to Tench Such Branches In Public Schools of North Dakota. The first commercial course of study ever conducted in a public school In Oregon was opened In Pen dleton high school this morning. Prof. A. A. Peterson of Deer Lodge, Mont., who has been elected as teach er of this department, arrived yester day morning and today begad teach ing the course. Both Klamath Falls and Baker City are preparing to open a commercial course In their high schools, but Pen dleton actually opens the first course of this kind ever Instituted In the state of Oregon and It therefore marks an epoch In the development of the public schools In this state and espec ially In Umatilla county and Pendle ton. Prof. Peterson has the distinction of having opened the first commercial course ever Instituted in the state of NorU Dakota, In the public schools at Valley City, and now wears the added distinction of having taught the first course of this kind ever in stituted In the state of Oregon. WARNING FROM PORTLAND. Thrcntoniiur Letter Received by Jer sey Candy Manufacturer. Mlllvllle, N. J., Jan. 29. Angelo Glunfra, an Italian candy manufac turer, this morning received a second letter from Portland, Ore., reading: "You have three more days to live," Signed, "Black Hand." BEAN REMOVED AS INSPECTOR Decision of the County Court Which Only Awaits Confir mation by Formal Vote. PROBABLE THAT K NOTTS WILL BE HIS SUCCESSOR. .Mr. Knott Was Formally Endorsed hy the Shecfimen hy Resolution and They Also Went on Record for a Vigorous and Thorough Enforce ment of Uie Laws for Uie Preveti tlon of Scahhlcx They Also Dis cussed Uie . Establishment or a Shipping Station at Kamcia and En. dorsed Tliat LocaUon Tliey Will Build and Pay for Dipping Vats Near Shipping Point. At last, after many Insistent de mands from the sheepmen of the county, John E. Bean will be removed from the position of county stock In spector. That the county court had decided upon such action waa an nounced by Commissioner Gllliland at the sheepmen's meeting Saturday eve ning. The news was appreciated by a score or more of representative sheepmen present, for they were a unit In asking that such action be taken. At the conclusion of the afternoon session at the court house, during which the sheepmen formally present ed their request for the Inspector's re moval, the court announced that the matter would be taken under consid eration, and that an announcement of the result would be made at 7 o'clock. It is understood that the action finally taken waa the work of the two com misstoners, and that County Jirlge Bean remained firm for his brother to the last But on the formal ballot for removal he may acquiesce. That another inspector will be ap pointed within a few days was ( an nounced by Commissioner Gllll'nnd Saturday evening. However, it is not known who will be selected, though It is regarded as probable that A. Knotta, the sheep men's choice, will be named. EnfiH-ce Anti-Scab Law. The following resolution was pre--sented at the meeting Saturday eve ning and passed by a unanimous vote: "Be it resolved by the Umatilla County Woolgrowers' association In convention. That it is the earnest de sire of the association that the stock Inspector of this county enforce the state law In regard to scab and scab bies and all other Infectious diseases to which sheep are subject. And we hereby pledge our entire support to him In every way In which we may be of assistance. "Resolved by the association, That we are desirous of having the honor able county court of Umatilla county, Oregon, appoint Mr. A. Knotts as the successor to Mr. Bean as stock In spector; and It Is hereby further "Resolved, That A. Knotts is the unanimous choice of the association and that the secretary request the honorable county court to appoint Mr. A. Knotts for said position of county stock inspector of Umatilla county." Discuss Shipping Station. At the conclusion of the open ses sion Saturday evening the executive committee of the association met in the office of Secretary Dan P. Smythe for the purpose of discussing the mat ter of a shipping station in the Blue mountnlns. It was the sentiment of the committee that Kamela Is the most desirable point for such yards. and C. J. Mlllls, O. R. & X. livestock agent, who was present, assured the committee that the company would at once construct suitable corrals. It Is also proposed to establish dip ping vats near the station, the ex pense of the same being borne by the sheepmen. King Christian Dciul. Copenhagen, Jan. 29. King Chris tian IX died suddenly at 3:30 this af ternoon. A man named Hancock, chief cook on the Valencia, was rescued. In cluding this last adventure, he has survived four wrecks within the past two years, three being total losses. Demurrer Sustained. Salem, Jan. 29. Judge Bur- ness this morning sustained a demurrer to the Indictment charging F. W. Jewett, the Min- nesotn capitalist, wtth suborns- tlon of perjury in connection with the school land frauds. As the statute of limitation has run out in the case the Indictment could not be filed, so the prose- cutlng attorney gave notice of an appeal.