East Oregonian : E.O., January 30, 1906, DAILY EVENING EDITION, Image 1

QA1LYEVENINGEDITI0N
DAILYEVENINGEDITION
WEATHER FORECAST
Occasional light rain or snow to
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Read the advertisements In th
East Oregonlan. They come from
the most enterprising citizens.
VOL. 18.
PA '.ETON, OEEGOX, TUESDAY, JANUARY 30, 190G.
NO. 5579
TAX RECEIPTS
UNREGISTERED
Testimony Today is Important
to the Case, But Dull for
Spectators.
CROWD IX COURT ROOM
GRADUALLY DWINDLED.
Later On tho Proceedings Were En
livened by ail Objection Which Irc
clpiUUed an Argument: Tlwi Stute
Objected to Ailiiiltling Receipts
Made lit Uio Sheriffs Omce Since
Mr. Davis lK!ft it, Hut the Court
Killed Admitting It an Bearing l'Kn
Uio Exert's HcjNirt J. W. Mo
loney Was Upon Uio Stand to Iden
tify a Deposit Klip Made Out in
1901 by Mr. Funk or Plutzocdcr
& MlllglT.
Davis Denies Erasure.
Considerable time was taken
up In explanations of various
errors, but nothing of Interest
was brought to light until the
famous entry of 1114.06 waa
reached. This Is the one In
which the first number had
been erased, thus making a loss
of 1100 to the county.
"Did you erase that?" asked
Judge Fee.
"I did not," replied Davis.
. and in reply to another query he
replied he did not know who
made the change.
Thus far during tho testimony
of Davis the attorneys for the
state have taken practically no
part. But the cross-examina-
tlon is being awaited with inter-
est. i
In the Davis trial this forenoon an
other half day was passed by the de
fense In further testimony by Davis
regnrding the tax receipts that had
not been entered upon the collection
register. Evidently the matter Is re
garded as of Importance for the side
of the defendant, but the proceedings
ore dull from the spectator's stand
point. The following concerning one par
ticular receipt will show how each
has been taken up and disposed of in
turn:
"Mr. Davis, will you find tax re
ceipt for 1901 numbered 6862?"
asked Judge Fee. Mr. Davis then pro
ceded to find the tax receipt from
among thousands of others and re
plied: "I have It."
He wag next asked, "Have you ever
reported that receipt to the county
court?"
Answer "I have."
The receipt was then exhibited to
the Jury, and each one of the 12 men
examined 1L
The next question is. "Mr. Davis,
can you find the report where you re
ported It to the county court?" Mr.
Davis then dragged forth from a
lnrge stnek the report, and It was ex
hibited to the 12 Jurors who each in
turn examined It.
Then the question was asked,
"What Is the amount of that re
ceipt?" Answer "One cent."
This stereotyped form was monbt
onously called off for hundreds of tho
receipts with a long Interruption bo
tween each rerelpt, while the Jury
examined each receipt and report.
Tho crowd In the court room grad
ually dwindled awny, only those re
maining who have steadily snt
through the trial, unwilling to miss
a chapter of a story In which they
cannot turn to. the back of the book
and read the finish.
The continual and monotonous
questions were droned off to the wit
ness who gave the unvaried replies,
the bailiff slept in his corner, the
state's attorneys lay back and dream
ed of success, the lawyers deserted
tho visitor's table, the Judge yawned
and stretched himself and occasional
ly Jerked himself back Into the flold
of consciousness by pulling a whisker
from his beard. Even the tongues of
the counsel for the defense finally
clogged In the repetition of the un
varied syllables: then they requested
a recess of half an hour to attend an
Railway Strike Imminent.
St. Taul, Jan. 80. E. E.
Clark, chief of the Railway Con-
ductors, Is here trying to avort
the threatened strike on the
Grent Northern and Union Pa-
clflc. Negotiations have broken
off on the questions of wages,
Hill has ordered the officials to
refuse any Increase. Four
thousand men are affected.
administrator's sale of real estate on
the court house steps.
After the recess, which was taken
from 10 o'clock to half past, the work,
although of the same kind, was enliv
ened by a few half-hearted objec
tions, J. W. Maloney, cashier of the Sav
ing's bank, came Into the court room
and Colonel Rulcy asked to have Mr.
Davis withdrawn for a few minutes
while he put Mr. Maloney on the
stand, as he did not wish to keep him
waiting.
Mr. Maloney took the stand and
was given a bunch of deposit slips
used by customers in making deposits
In the bank. He Identified them as
such, and wan then asked to find one
made for Platzoeder & Mlnger on the
18th of November, 1901. This slip
was found and exhibited to the Jury
as being the slip made out by Mr.
Funk while In the employ of Platzoe
der & Mlnger for the amount of $1,
200. State's Objection Overruled.
After this slight testimony from Mr.
Maloney, Davis was again placed upon
the stand and continued testifying
concerning the receipts. These had
now been run down to the point
where Davis left the office, and Mr.
Phelps objected to all receipts subse
quent to that time being entered on
the ground that the taxes for 1901
were not charged against the defend
ant in the expert's report. Colonel
Ralcy maintlaned that these receipts
Raley maintained that these receipts
after he went out of the office July
14. 1905.
The prosecuting attorney then ex
plained to the court that the experts
had to take Into consideration all the
money on hand and all the receipts
Issued up to the time they made their
report In order to make a balance on
the books, but no amounts were
charged against the defendant.
The court, In deciding said that he
would admit the testimony, because
It was bearing upon the report of the
experts. '
When Did Mr. Davis Hear It?
The testimony concerning the re
ceipts was finished a few minutes af
ter court convened at 1:30 this after
noon. Judge Fee then proceeded to fur
ther examine the defendant on the
points brought out by the prosecution
in the presentation of their case.
"When did you get the first lnfor-
matlon that It was probable that there
was charged, or going to be charged,
a shortage against you?" was asked
of Mr. Davis.
"On the first day of July." was the
reply.
"Who gave you the Information?"
This question was objected to by the
(Continued on page 5.)
T
REHEARING OF UMATILLA
COUNTY CASES DENIED.
Grover Martin, Who Killed O. X. Pres
ton at Freewater, Will Not Get a
Rehearing Mosq Taylor, Who
Was Convicted of Arson Is Also De
nied a Rehearing Otncr Eastern
Oregon Cases Also Decided.
Salem, Ore., Jun. 30. The supreme
court today handed down the follow
ing decisions. The petition for a re
hearing In the case of Moses Taylor,
who was convicted of arson was
denied. The petition for a rehear
ing In the case of CJrover Martin was
also denied. Martin was under 10
years' sentence for killing O. X. Pres
ton of Freewater. Oeorge Lussas vs.
Lettle McCarty appealed from Baker
county to foreclose a mortgage of $1,
600, was reversed. Elsie L. Mount
vs. Robert McAuley, et al., from Ra
ker county, a suit to clear the title
from a cloud caused by tax deed, was
reversed.
Moses Taylor was tried for the
crime of arson In attempting to have
a neighbor's barn end grnin burned.
After a stubbornly fought legal battle
he was convicted and sentenced to a
term In the penitentiary. Tho arson
case was said to have grown out of a
desire on Taylor's part to be re
venged on those who gnve damaging
testimony In the sensational divorce
suit tried In tho courts here.
Grover Martin was an apprentice
In the dental office of Dr. Fulton at
Milton. He caused tho ruin of a 16-year-old
daughter of O. N. Preston,
at Froewater, Ore. Leaving tho girl
he had ruined he commenced going
with another young woman. When
O. iM. Preston remonstrated, hot
words followed and Grover Martin
killed Preston. Ho was sentenced to
10 years.
AMERICANS MURDERED.
Shot From Itclilnd by Covetous Mex
ican Guides.
San Francisco, Jan. 30. The steam
er Curacao, arrived today, brings the
news of the murder of two rich
American mtneowners by Mexican
guides near Enseneda. The miners
were shot from behind. The guides
disappeared.
SUPREME CQUR
HEAD-ON COLLISION ON GREAT NORTHERN.
Spokane, Jan. SO. A head-on collision took place one mile west
of Columbia Falls, Mont., last night between the Great Northern
Oriental Limited, No. 1, westbound, and passenger train No. 2, east
bound. Four were killed, including the fireman of each train. Con
ductor Qulnn and two others of the crew, and five passengers were
badly Injured. It Is reported that fire brffke out in the wreckage.
It was caused by No. 2 failing to obey orders and take a siding.
Both engines were completely demolished. The crews are from
WhltcfiHh, Mont. All wires are down as a result of the collision.
The dead are: Fireman Harrison and Llnley, and Expres Messen
ger Wrlsbacker. Injured: M. Reynolds and Arnold, Conductor Qulnn
and Engineer Drady.
DEBUTE HAS BEGUN OH THE
HEPBURN Ui RATE BILL
Gives the Commission Power
Existing Rates Are
Townsend Opened the Debate in Advocacy of the Bill, Declaring It to Be a
Remedy for AH Existing Evils Which It Endeavors to Reach, and Was
Severe In His Strictures Upon tho Corrupt Interests and Devices Set to
Defeat It Taft Advocates Immediate Action Against the Pacific Mall
Steamship Company for Wlirul Blockade of the Isthmus to Complicate
the Canal Problems and Tims Compromise Progress of Uio Enterprise.
Washington, Jan. 30. The most
important section of the Hepburn
rate bill, consideration of which be
gan In the house today Is section 4,
which confers power on the Interstate
commerce commission to establish
Just and remunerative maximum
rates after complaint is established.
The power to initiate rates Is not
given.
The railroad rate bill debate began
early In the house, which sat In com
mittee of the whole.
Townsend opened, declaring the op
position endeavored to discredit the
administration In various matters to
detract attention from this question.
He spoke of "a lobby rich and power
ful," of "unwarranted interference
with the people's rights," of "the dic
tation of nominations, elections and
legislators" by the corporations. He
warned the corporations that further
blocking of railroad regulation leg
islation will bring upon them the
wrath of an Indignant people, and de
clared the bill presented now Is the
least the people will accept. He added
the committee believes it will effect
a complete remedy for tho evils.
Townsend was followd by Adamson
of Georgia, In charge of the debate
for the democrats.
Taft Complains of Pacific Mall.
Washington, Jan. 30. Secretary
Taft proposes that congress authorize
VALENCIA INVESTIGATION".
Taking Testimony of Survivors of the
Wrecked Vessel.
Seattle, Jan. 30. At the morning
session of the Valencia Investigation
Louis Allison, an old man and a sur
vivor snld! "All day Tuesday and
Wednesday were calm, and we could
have launched bonts If we had them.
He criticised the men In the two
parties that made n landing for not
trying to send help. He said that
Bunker was the only man who tried
to get help to the wrecked steamer
nfter landing. Ho alone could not.
He said the landed party was not
more than 200 feet from the wreck.
The greatest fault he found was that
no efforts were made on the following
dnys. to render assistance. Albert
Willis, a navoi apprentice, corrobor
ated Allison. Rev. Fletcher Horton
asked the Inspector some pertinent
questions. Why Incompetent seamen
were allowed on coast vessels and why
life saving apparatus was In such poor
condition. Tho demonstrations made
by the inspectors of life preservers In
court created a sensation.
FOUR MEN KILLED.
Others Injured in South Carolina
Railroad "Wreck.
Norfolk, Vn., Jan. 30. The general
offices of the Seaboard Air Line re
port a collision this morning near Co
lumbia. S. C, In which four trainmen
were killed outright and others badly
hurt. It Is reported two others were
killed.
Stockgrowers Join Interests.
Denver, Jan. 30. The' American
Stockgrowers and the National Live
stock associations amalgamated unan
imously today under the name of
the American Livestock asoclatlon.
Murdo Mackenzie was elected presi
dent. Embezzler Pleaded Guilty.
Indianapolis, Jan. 30. Guslave A.
Consoman, ex-cashler of the Vigo Na
tional bank at Terre Haute, this morn
ing pleaded guilty In the federal court
to the embezzlement of $60,000.
to Fix Maximum Rates When
Found to Be Unjust.
an action against the Pacific Mall
Steamship company for deliberate re
fusal to handle freight on the isth
mus, thereby causing the congestion
of which Stevens complained in his
report, and also before the senate
committee. Taft says If he Is au
thorized to do so he can use trans
ports for freight between San Fran
cisco and Panama. He says such a
course might have a good effect o:i
transcontinental rates.
Senator M. rg.in suggests to modify
the coastwise laws and make 1t po'Vsl
for other companies to enter trade.
Senate Committee Favorable.
Senator Beveridge today reported
favorably from the committee on ter
ritories the statehood bill passed by
the house.
Presidential Nominations.
The president sent the following
nominations to the senate: Judge of
circuit court of Hawaii, William J.
Robinson, Hawaii; surveyor general
of California, William R. Graham
collector of customs, district of San
Diego, Frank W. Barnes; assayer in
charge of office at Seattle, Calvin E.
Vilas.
To Pay Mitchell's Funeral Expenses.
Washington, Jan. SO. The senate
unanimously ordered the payment of
all expenses connected with the fune
ral of the late United States Senator
John H. Mitchell, whose demise re
cently occurred at Portland, Ore.
BISHOP O'REILLY RECOVERED.
Was Sick and Absent From Duty live
Months.
Baker City, Jan. 29. The Right
Rev. C. J. O'Reilly, bishop of eastern
Oregon, arrived at his home In Ba
ker City yesterday after an absence
of five months. It will be remem
bered that the bishop was for three
or four months very sick In Portland
and from there went to California
under the direction of his physicians.
He has been sojourning In Los An
geles and other southern California
points about two months, arriving
here directly from Los Angeles.
. STEAMER CASCADE BURNED.
Narrow Es'aie at Midnight for the
Sleeping Crew.
Seattle, Jan. 30. With the crew
asleep in the hold, the upper works of
the steamer Cascade, Captain Fulton,
from Vancouver to the halibut banks,
burst Into flames at midnight from an
unknown origin. The fire spread rap
Idly when first discovered by the
nlghtwatch, who aroused the sleeping
crew Just In time to prevent a trage
dy. llltl PISH SEAMEN WERE SHOT.
Russian Sentries Could Not Make
Them Understand.
Reval. Jan. 30. Two British sea
men, unable to understand the lan
guage of tho soldiers ordering them
to halt, were shot to death from be
hind today as they landed at this city
from their ship.
After His Scalp.
Berlin, Jan. 30. Mendelssohn, the
German financier, has been sentenced
to death by the revolutionary party,
because he negotiated loans for the
Russian government. He has hired
a bodyguard.
Boycotting Pusses.
Springfield. HI., Jan. 30. The gov
ernor has ordered all state employes
under his control to not accept rail
road passes.
BOOM IN REGISTRATION.
Many Out of Town Voters Enrolling
hi Pendleton.
Since circuit court has been In ses
sion there has been quite a boom In
the registration business In the clerk's
office, as many of the out of town
people have registered here Instead of
waiting to enroll before the Justices
In their own precincts. This they
may do under the rules, and as a re
sult Clark Nelson, registry clerk, has
been kept busy during the past week.
The following is the number regis
tered here for the outside precincts:
Adams 14. Alba 7, North Athena 3,
South Athena 1, Cottonwood 2, Echo
14. Encampment 5, Falrvlew 2, Fern
dale 9, Fulton 29, Giuliani 5, Helix 4,
Hogue 10. Holdmsn 12, Juniper, Z,
North Milton 2, South Milton 6, Moun
tain 2, McKay 19, Pilot Rock 14,
Prospect 10, South ' Reservation 1,
Ruddock 1, Ukjah 1, Umatilla 1,
Union , Weston 41, East Weston 4 2,
Yoakum 13, Willow Springs 2.
Aside from the above the following
registrations have been sent in from
precincts and have not yet been enter
ed on the books here: Milton 200,
Athena 100, Adams 60 and Pilot Rock
25.
In order to prevent the work from
accumulating at the last, the various
Justices throughout the county have
been asked to send In reports weekly.
Then, as they reach the clerk's office
they are at once entered on th rolls
thre.
Thus far about 1000 voters out of
the 4500 In the county, have register
ed. Of this number 289 are from
Pendleton. The registration from the
four precincts within the city has been
as follows: Pendleton 82, North Pen
dleton 83, East Pendleton 48, and
South Pendleton 68.
On April 10 the books will be closed
while the primaries are held.
RALEY HOMESTEAD SOLD.
Three Hundred Twenty Acres Brought!
$15,700.
This forenoon the old Raley home
stead, located two miles northwest of
Echo, nnd comprising 320 acres, was
old at auction for a total of 315,700.
It was a referee's sale for the pur
pose of partition, the amount receiv
ed being divided among the heirs of
Jonathan Raley. '
The property had been divided In
to efx different parcels and was as fol
lows: Parcel No. 1. 40 acres, to B.
F. Ralcy, $1350; parcel No. 2, 10
acres, to B. F. Raley, $1250; parcel
No. 3. 160 acres, to Frank Corca.
JS250; parcel No. 4, to A. J. Cleghorn.
J 3000; parcel No. 5, 40 acres, C. J.
Ward, $1600; parcel No. 6, a strip for
a road, to F. W. Andrews, $250.
The sale was held on the steps of
the court house and was conducted
hy Charles H. Carter, referee.
J
T
IS
SUCCEEDS BEAN, WHO
RESIGNED YESTERDAY
Considerable Surprise Manifested Over
the Turning Down of KivotM, the
First Choice of the Woolgrowera'
AswH-lntlon No Complaint Is Made
However, as Mr. Bryant Is Regard
ed ns Coniietent In Every Way to
Curry on the War Against Scabbles
Appointment Was Made by Conn
ty Court Yesterday.
John Bryant, of Cayuse. has been
appointed as stock Inspector of Uma
tilla county to take the place of John
E. Bean, who resigned at the request
of the county court. The appoint
ment was made yesterday afternoon.
Considerable surprise has been ex
pressed over the selection of Mr. Bry
ant after the sheepmen had already
unanimously Indorsed Alonzo Knotts
for the position. In view of the fact
that most of the stock Inspector's
duties are In connection with the In
spection of sheep, It was presumed
that the recommendation of the asso
ciation would have more weight with
the county court.
Among those who are In close
touch with the subject, It Is said the
appointment of Mr. Bryant was mado
at the suggestion of the county Judge,
and was balm for the injured feelings
of the former Inspector.
However, whllo more or less re
sentment is felt towards the court for
the manner In which tho recommen
dation of the association was turned
down, there is no complaint against
Mr. Bryant personally. All of those
who were seen today express their
confidence in his ability and said
they believed he would make a com
petent inspector. He is not a sheep
owner himself, but has hud much ex
perience In the business, and is said
to be well qualified for carrying on
the campaign that has been started
against the scab.
The supreme court of the United
States refused to grant leave to
Leonard Imboden and J. A. Hill to
file petitions for writs of habeas cor
pus. They are under sentence to Im
prisonment for 10 years In the Colo
rado penitentiary, for bank wrecking.
BRYAN
TOR
SAY GARFIELD
MADE
PROMISES
Packers and Their Attorneys
Testify That Commissioner
Promised Immunity.
WILED TO ELIMINATE
THE JURY BY AGREEMENT.
Garfield Said to Have Declared That
"All the Evidence Would Be Held
Strictly Confidential," Which Is
Now Attempting to Be Used In tho
Prosecution of the Packers Com
missioner Also Said to Have Made
the Same Promises While a Guest
of the Chicago Club If tlie Jury
Expurgates the Testimony Com
plained of, the Cases Will Be Dis
missed. ,
Chicago, Jan. 30. Charles C. Dawes
testified that "Garfield assured the
packers they need have nothing to
fear, as their disclosures would be
held confidential. He repeatedly as
sured them his actions In the case
would be guided by a desire to con
vince them that nothing in his depart
ment procured from them would be
used for their Injury. He told them
he believed the result of the Investi
gation would be beneficial instead of
injurious."
Other witnesses for the packers
gave like testimony.
Louis O. Krauthoff, formerly coun
sel for Armour, testified that Garfield
implied Immunity in his Interview
with the packers' representatives In
April, '04.
Testimony began today after the
failure to reach an agreement to
eliminate the Jury.
Krauthoff declares he asked Gar
field what "use or misuse would be
mae of the -information obtained."
The witness said Garfield replied, "It
will all be held strictly confidential.
It should not be used to Injure my
clients, and he told me the informa
tion would be kept inviolate as secrets
of the bureau, corporations."
Krauthoff was recalled to the stand
this afternoon for further testimony
regarding the alleged promise of im
munity by Garfield to the packers.
A number of questions were asked
as to the witness' advice to his cli
ents on the question of giving the in
formation the commissioner sought.
Charles C. Dawes, for the comp
troller, was a witness to testify as to
the conference at the Chicago club,
when it is declared immunity was
promised.
BACK FROM CALIFORNIA.
Undo John Bentley Says UmatllU
County Is Best Summer Resort.
John M. Bentley returned from
California yesterday after a three
weeks' visit at Modesto, Stockton and
other points. "I got froze out down
there," said Mr. Bentley. "All the
time I was there they had rain or
fogs. Wore my overcoat the whole
time. Yes, I'm mighty glad to get
back to the sunshine and the fine
weather of old Umatilla. Say. It's
funny when you are awny from home
how nice your home town seems. I
couldn't hardly wait to see the E. O.
every day to see what was going on
up here. I would rather miss my
meals than the home news. What do
I know? Well, let me Just see. Just
tell 'em I'm champion Immigration
agent. I never go down there but
what I bring some new people to
make their homes up here. This
time t brought Archie Sutherland and
his wife. Archie Is a son-in-law of
my brother, R. H. Bentley. He Is
from Stockton and is going to farm
hero. Let's see, you might put In that
my brother's boy, Spencer Pentley,
that has been farming two nnd a half
sections northwest of town, Is going
to California this week. He Is going
to Oakland. Cal to get married, but
he Is keeping that secret. You might
Just say he Is going down to California
on pressing business, and he will
bring a bride back with him. He will
be gone about two weeks. No, you're
right; 1 don't see any place I like
better than Umatilla county."
Starving and desperate peasants
pulled from their sleighs and beat to
death Count Lamsdorf and Baron
Roennen, Russian landlords, recently.
Advertise In the F, O.
Within the past few days two
orders have been received by
the Boston Store from far dis
tant points us n result of the
East Oregonlan's circulation.
One order was from Silver Bow,
Neb., and was for some shirts
that had been advertised. The
other was for a suit of clothes,
and was received from a Jap at
Pocatello, Idaho,