f 0A11Y EVEHIKG EDITION TTW MZZS j DA1LYEVEHINGEDITI0H -- " NO. 5580 PENDLETO, OREGON, WEDNESDAY, JANUARY 31, IflOG. VOL. 18. " V W. S IS YET ON THE Persistently Denies That He Made the Erasure Which Involves $3400. item becomes or more AND MOKE IMPORTANCE Consideration Ghen of tlic SntiJiK't of Ruck Taxes During I ho Tuylor Term Which Wore Not Turned Over to the County Treasurer Sin IHivIs Insisted Thut It Wiis Reciiuse Mcmhi-k. Tuylor, llkiklcy mill Funk AVcre Using It on tlo Ontario De fense Introduces an Analysis of the Defendant's Finances Defence Trj Jng to Account for the Shortage. In the Davis trial today the defen dant himself has again been on the stand exclusively. After a few morn direct questions this morning, Davis was turned over to John McCourt, who has conducted the cross-examination for the state. More Interesting testimony was given regarding the $3400 change that had been made In the Blakley ledger, the defendant denying he had made the erasure, (hough admitting that the entries before and after the same were In his writing. As the trial pro gresses this Incident of the 13400 con stantly becomes of more Importance In the case, and if the act can bo fast ened upon the defendant, which the state's attorneys say will be done, it will certainly have a strong Influence upon the final outcome. About the middle of the forenoon toduy the prosecution took up the mat ter of back taxes that had been paid during' the Taylor term, but not turn ed over to the treasurer. This sub ject was continued during the remain der of the morning and was again re sumed this afternoon. Proceedings of Tills Afternoon. An examination of the tax receipts was continued this afternoon. The defendant testified that one receipt was different from any other of the others being written by a person wohse handwriting was different from any In the office. When questioned again this after noon concerning the reason why the moneys collected were not turned over to the treasurer the defendant said that It was because Til Taylor. Joe Dlnkley and A. C. Funk had out nil the way from $1500 to $2000. "How was It you didn't think of that answer this morning when I was trying to find out why you didn't make a turnover and you gnve so many reasons?" asked John McCourt. "1 didn't) think of it." "You never though of that effllcent reason when I asked you about 10 times this morning?" "No, sir." "Tell us when, prior to May, 1904, those parties had any such sums of money out as you mention?" "Thoy had out more or less all the time?" In further examination on the amounts the witness said that Mr. Funk never had out more than $100 and that Joe lllakley paid hack with in a few days the amount he had out. He also admitted that he gave them these sums of money and charged It up on his books, and when It was re turned It was credited. He further admitted that Taylor never had much money out until Inst spring, when his warrants were not paid, but claimed that there was one other tlmo when the sheriff had a sum out, but he could not tell when. The defendant Btated that he could give no absolute reason why the money was not turned over instead of carried on hand. Hut that some of the reasons were that Taylor told him to keep It, that he could not think to turn it over, and that the employes had a good deal out on their outside affairs. Mr. Davis" reports were then hand ed to him and he was asked to look through them and see that if there was ever a period when he did not have at leust $2000 on hand. The re ports were looked through and hand ed bnck with the remark that there was one tlmo when that much was not on hand. In 1U02 Davis stated thnt the ex port's report was correct In that there was $713.50, which the receipts called $50,000 lit One Pocket. Stockton, Jan. 31. John Don dero took $50,000 out of his pocket mine at Columbia hill yesterday. This la one of tho largest pockets ever found In Toulumne county, and 1 In a district that wag "worked out" 40 years ago. 01 NO for that was not turned over to me treasurer. "If a column foots up for 5U less than the amount of cash collected on It, -would that extra $50 go Into some body's pocket?" asked Mr. McCourt. "I presume It would," was the re ply. Forenoon Session. C. P. Davis was already In the chair this morning when the court rapped for order. The direct examination was continued for a short time. "Were exterior and Interior doors of the safe open at all times?" he was asked by Judge Fee. "Yes, sir: they were." "Was the money drawer ever left unlocked?" "It was frequently left unlocked." "Was there a bed In the room where the safe Is kept?" "There was." Davis' Financial Standing. The next question" asked of Mr. Da vis was as to his financial condition in 1904. He replied: "I did not have any money then so I borrowed some to repair the house I live In. I bor rowed $600 from the school fund. "Were there any other demands upon your finances?" "Yes: my oldest son wanted to bor rpw money rrom me as ne was suing to get married, but I was unable to accommodate him," Also, Davis said he had borrowed $1000 to pay his attorneys In his pres ent trial. Cross-examination Resumed. The witness was then turned over for crass-examlnatlon and a few pre liminary questions were asked con cerning the time the entries were made In the Journal. He waa then handed the journal and asked to look at the entry of March 22, 1902, which is the $30,000 entry, that was chang ed to $27,000. He was asked: "Who made the entries immediately pre ceding the one of $27,000?" 'I mode them," was the answer. "Who made those figures Immedi ately following?" "Those are in my handwriting." "Dd you post this amount of $30, 000 In the ledger?" "'Yes, sir." "Has there been an alteration there?" ' "There has." "Did you make It?" "I did not." . Davis' Figure Compared. Mr. McCourt then picked up a scrap of yellow paper from the table that Davis had figured upon during the trial and handed it to him and asked If those figures were his, to which he replied that they were. The book containing the altered figures (Continued on page 5.) E KILLED BY TRAIN JAMES A. SWAHT M KETS AX IXSTAXT DEATH Fell In Front of Engine as Train Xo, 20 Was Entering the Yards at Im til-.indo Slipped Under Winds and 411 Cars Pusscd Over II Im Was Kcnrcd at Bingham Springs and Was O. It. & X. Operator at Kami-la for Five Years. La nrnude. Jan. 31. (Special.) James A. Swart, a freight brakeman on the O. K. & N., was run over by No. 22, an eastbound freight train at 4:30 this morning and Instantly killed In the yards In this city. As the train pulled into the yards here, Swart went to the engine expecting to run ahead and throw the switch to lot it into the yards and the last seen of him alive was as he was walking over the running board of the engine to ward the pilot. The switch proved to be set right for the train and It did not stop as Swart expected, and It Is thought he slipped from the Ice-covered pilot of the engine and fell In front of the train. The mangled body was found after the entire train of 40 cars had passed over it. James A. Swart was reared at mng- linm Springs, In Umatilla county, and was the youngest son of W. Swart, the pioneer telegraph operator of Bingham Springs station on the o. K. & N. The father nnd four Bons were tele graph operators and for a number of years all worked at their trade at the same lime on the O. R. & N. A year ago James, tho deceased, re signed his position as telegraph oper ator at Kamela and took a position as brakeman on the O. It. & N. He was operator at Kamela for five years and was extremely popular with all the employes and officials of the road. Ho was 26 years of age and leaves a wife and little son aged 2. His pa. rents, Mr. and Mrs. W. Swart, reside on their farm on Meaehnm creek, two miles east of Bingham Springs. Three brothers are employed on the O. R. & N. as follows: Jack Swart, agent at Waltsburg, Harry Swart, agent at Bingham Springs, and Jerry Swart, agent at Adams. A sister, Mrs. June Mason, resides In this city. The fune ral will be held here on Friday after IN IS noon. END T Fires in St. Petersburg and an Attempt to Sink a Troop Ship With a Floating Mine. TROOPS ON TRANSPORT JIAVK A NARROW ESCAPE.. Twenty Thousand Liberal Refugees, Tricked by lYomlsos. Surrender and Are Hurried Off to Sllicrin End of the Caucasus Rcliclllon Suposcd to k Nearly In Sight Hordes of Dis couraged Rebels Delivering Them selves Up hihI Surrendering Confis cated Property Only One Small Caucasus District Persists In tlio Hopeless, Struggle. St. Petersburg, Jan. 31. Losses by Incendiary fires equal $500,000. The troop Bhlp Otlessa struck a floating mine. Two thousand soldiers were saved by beaching the vessel, The explosion killed one and hurt 26 Twenty thousand liberal refugees, Induced to return by Implied promises of amnesty, have been arrested and will be exiled to Siberia from five to I 10 years. End of Caucasus Rebellion. St. Petersburg, Jan. 31. Alarmed by a vigorous campaign waged by troops the inhabitants or the Caucasus are abandoning the revolutionist cause. They are coming In by the thousands to make submission and are giving most abject promises of good conduct in future. one deputation of S000, headed by nobles and clergy, promised to stop disorders and return all property and arms telzed and pay all arrears In taxes and rents; another deputation brought In the participants In an at tack on the troops at Tonglra, bound with ropes. The participants will be punished. In the district of Osurgeti, however, the viceroy pays the entire population remains obdurate. One-half of the people have taken to the mountains and others are roaming over the coun try ravaging It and burning houses. PICKED IT A BODY. Miss Hriicr Is Scni-clilng for Body of Her I'ncle. Victoria, Jan. 31. The tug Bahada called nt 1 this morning with one unidentified body, and then proceed ed to Seattle. Miss Bruer, of Minneapolis, who has been unable to obtain any news of the recovery of the body of her uncle, n big mill man of St. Paul, Intends to leave here with an Indian guide and explore the coast. The United States cutter Perry was In this morning en route to the scene of the wreck, but refused to take the lady on board. RESIST THE INVENTORY. Catholics Make Trouble on Account of Desecration. Paris, Jan. SI. Fighting occurred In several churches this afternoon, when government officials, supported by the police, attempted to take an Inventory of church plate as ordered In the law separating the church nnd state. The resistance was mainly by church members, many of whom were arrested. Wedding Pii'iHiratloiis. New York, Jan. 31. Miss Roose velt spent a busy day with her dress maker on the finishing touches of her trousseau. She goes with her lover, Mr. Longworth, this afternoon to meet the congressman's sister, Countess Doohnmbrun, who Is coming to the wedding. United States Sennte. Washington, D. C Jan. 25, '06. Hon. Henry J. Bean, Pendleton, Ore. My Dear Sir: Through the co operation of Samuel Hill, president of tho Washington Good Roads associa tion, we have Just secured assurance from the government that two miles of experimental road will be built In Or egon at an early date, if tho labor and materials are furnished by the county or community where the work is to be done. We have chosen Pendleton as the scene for one mile of work, and Salem for the other. I have communicated with Judge Scott, president of the Good Roads association, on the sub Ject, and he will doubtless communl cate with you soon. I write to ascer N REACHERY GOVERNMENT III tain If you will assure us at once It ROOSEVELT I Agitation for Governmental Regulation of Rates Dates Back Forty Years. ICE POUT TO CONGRESS submitted IN 1H08. So Says Bartlott, n Democratic Mem- I cr From Georgia, Who Indorses tlio President and Warns All Ob structionists Patterson, Democrat, of Colorado, Hacks the President, and Invokes All Democrats to Unity to Ills SiipiHtrt Semite Committee Examines the Santo Domingo Treaty Consul General and Admiral Are ApiMiliitcd. Washington, Jan. Sl.--Bart!ett, of Georgia, was the principal speaker on the rate bill for the democratic side today. He attacked the motives of the corporations In trying to' block legislation and said as a democrat and a lawyer he has concluded that con cress has a right to regulate the rates. , He Insisted the president is not en titled to the credit of originating the proposed legislation, and said the In qulry began as far back as 188S, when a report was made to congress on the subject. He declared the man or party stand Ing in the way of rate legislation would be swept away by the people, who will rise triumphant. Patterson Eulogized Roosevelt. Washington, Jan. 31. Senator Pat terson this afternoon attacked the president's foreign policy, but euloglz. ed the executive's fight against the packers, and hoped the democrats will unite with the administration In the fight against the money Interests, Examining the Treaty. Washington, Jan. 31. The senate committee on foreign relations today took up the Santo Domingo treaty and examined Root. Appointed Consul General. Washington, Jan. 31. The presl dent has nominated Amos Wilder, of Wisconsin, to be consul general at Hongkong. Captain Charles H. Stockton was nominated to bo rear admiral. MI ST INCREASE WAGES. Mitchell Elucidates the Terms of the Agreement. Indianapolis. Jan. 31. Mitchell, In a speech this morning to the oper ators of the central district, declared there will be no agreement without an Incrense of wages. Operators asked for time to further consider the matter. Ioanlng Ada County Money. Boise, Jan. 31. At an adjourned meeting of the county commissioners held today, the petition of the Idaho Trust & Savings bank for $25,000 more county money, making a total for that bank of $75,000. was grant ed. 2 per cent Interest to be paid on dally balances. The Capital State bank was allowed the same amount at a previous meeting of the board. Moors Get Busy. Molllla, Jan. 31. The Moors fired on the Spanish cruiser Infant Isabella, causing some damage to the vessel. A gunboat has gone to Investigate. Fire at St. Albans. St. Allmns, Jan. 31. A $100,000 fire took place In the business district this morning. HE EXPERIMENTAL HIGHWAY the labor and mntcrlnls for the work at Pendleton will be provided by your county or community. The work Is to be of the highest standard of the engineers of the Good Roads assochv tlon, nnd will be very instructive to the people of your state. It Is the purpose to advertise the date of the work throughout the wholo community, so that, when It Is undertaken, as many of the farmers of the district will be present to wit ness the methods Involved and the type of machinery used for best re sults, as possible. We will commence wide publication at once to get the greatest possible results. Would you kindly Inform me about this at once and oblige? Yours very truly, C. W. FULTON. NEW ELECTRIC LINE Projected Down Columbia From Co- vcllo to Walluhi. Walla Walla, Wash., Jan. 31. M. R. Hanger and George Thompson, capitalists of Columbia county, are at the head of a movement to secure the construction of an electric line from Covello to the Columbia river at Wal- lula. They are now at Waitsburg con ferring with the Commercial clul. there. The proposed route Is from Covel lo to Dayton, thence down the Tou- chet river to Touchet, and akin (lie Walla Walla river to Wallula, wh-re It Is proposed to make connection with boats and the portage road. From Washington it Is reported to run a line through Dixie to Walla Walla, and thence to Touchet to mtet the main line. The promoters claim they have the guarantee of sufficient capital to finance the project. SPRAEKLIX loses an arm. Shooting Followed Quarrel Over Dog and Cow. Roseburg, Ore., Jan. 31. Because George Spraeklln s dog annoyed Charles Allen's cow, the owners quar reled, using rifles at close rang1. Spraeklln's left elbow was shattered and he loses the arm as a result. Al len was not Injured. Xo arrests have been made. Or. Seely, who was summoned. found that the bullet, which wis f.-om a 44-callber rifle, had shattered the left elbow of Spraeklln, and that the arm would have to be amputated. Spraeklln was brought to this city Sunday for the operation. WILL RE EXECUTED MARCH 15. Condemned Man Evidently Contem plated Suicide. Jefferson City, Mo., Jan. 81. The supreme court this morning con firmed the sentence of "Lord" Sey mour Barrlngton, and set March 15 as the date for his execution. A rope and knife, believed to be intended for suicide, were found In the cell of the bogus lord this morn Ing before the decision was told him. JOHN A. M'C.VLL YERY SICK. I). 11. Hill's Poor Health Also Takes Him South. New York. Jan. 31. Friends say John A. McCall Is very ill with con gestion of the liver. p. B. Hill left today for the south to remain till April on account of his health. IS VERY POPULAR SIXTY-THREE ENROLL IN It USI X ESS DEPARTM EXT. Tho Iiinovntion In the High Sclmol Curriculum Proven to Re Most Ac ceptableOf the Enrollment Men Honed Xlne Are for Typewriting, the Remainder Taking Bookkeeping SiiiKTlntondent Trover Expected About Half as Many Course He quires Pour Years for Completion, That the newly added commercial course In the high school will be pop ular. Is shown by the large number that have already enrolled under Prof. A. A. Peterson. Up to last evening 64 students had Joined the regular classes of the business course, while nine others entered for typewriting work only. Last evening Superintendent Traver expressed surprise at the large en rollment, as he had not expected more than half the number would com mence nt this time. As the business course requires four years for comple tion, he does not think it will Interfere! materially with the work In the other courses, nor will It affect the work of the business college here, especially since most of the students In the lat ter are from a distance. The following are those who have enrolled for the regular work In the course: David Hill. Norma Allowny, Edith Bryson. James Bryson, Ralph Cres well, George Oooley, Lester Cronin, Minnie Casey, Julia Cooke, Durr Ed wards, Faye Gibson, Pearl Harris. Lytton Ivanhoe, James Johns. Slier, man Kunkel, Roy Leezer, Robert Llv ormore, Lottie Llvermore, Arthur Means, Krmu Mann. Hessie MoPher son, Ora Noble, Hajiel Bish, Orvllle Reeves, Furnish Slater, Edna Thomp son, Cora Warner, Maude Williams. Laura Wyrlck. Gertrude Warren, Ed na Zimmerman, Edgar Smith, Eva Scott, Para lee Halley, Abe Casey, Mary Dahlgren. Bruce Gilbert, Albeit Gib son, Lester Hamley, Lester Means, Edward Mentzor. Frank Pierce, Her bert Ruppe. Glenn Scott, Cliff Tur ner, Willie Milne, Steven Edwards, Clara Boylen, Mabel Reynolds, Lorren Harris, Aubrae Graham, Phyllis Parkes, Anna Busier. Pearl McCarty. The following are taking typewriting only: Ethel Temple. Bessie Folsom, Catherine Smith. Ivy Hill, Carl Leon ard, Walter Creswell, Dixie Todd. H. B. Swaggart, Edna Storle. OURS ROGERS NEED NOT TESTIFY Missouri's Investigation of Standard 0:1 Methods is Temporarily Stalled. DECISION PENDING IX THE MISSOURI COURTS. .More Evidence to Prove Tliut Com missioner of Corporations Garfield IroniIscd Immunity to the Packer Others Testify Tliat Revelation Made to Garfield Were Confiden tial District Attorney Morrison Oiieiily Charges, Trust Magnate With Being Afraid to Show the Hooks of Ills ConiiMiny Because of the Damaging Facts They Would Reveal. New York. Jan. 31. The supreme court decided that Rogers need not answer the questions put to him. Justice Gildersleeve said Roger need not, In view of the fact the courts of Missouri are now passing upon the legality of the action of Had ley to oust the Standard Oil company from that state. Hadley Dumbfounded. Jefferson City. Mo., Jan. 31. Attor ney General Hadley was dumbfounded when told of the Rogers decision by Gildersleeve, and said he was greatly surprised. He said he might have U plan an entire new action. Merely a Delny. New York, Jan. 31. The declatoa. Is merely a delay. The court said he is of the opinion that a due regard for the court of original Jurisdiction demands the court must await a de cision by the supreme court of Mis souri and not at this time consider the propriety of compelling the. wit ness Rogers to answer the question propounded. Garfield Promised Morris. Chicago, Jan. 31. Edward Mon was recalled to the stand In the pack ers' case this morning and testified he was under the Impression when he talked to Garfield It would be treated confidentially. Morrlss aid he objected to showimr, Garfield his private books, appre hending they might be used in the pending Injunction proceedings. District Attorney Morrison said ne intended to show the refusal of the books was because Morris wanted te hide the exact facts regarding profits and losses. He reiterated the state ment that the admissions were with out oath. Court adjourned at noon and Mor ris Is hurrying home to the bedside ot his 3-year-old son, who Is thought to be dying. CHANGING TIlEIlt MINDS. Stockmen Xow Fuvor Forest Reserve Policy. Canyon City, Or., Jnn. 31. One ot the most remarkable changes In pub lic sentiment on record here has taken place among the stockmen with refer ence to the government's policy on forest reserves. At first these segregations were op posed bitterly by men who saw In the action the loss of the ranges on which they are dependent during the sum mer for pasturage for cattle and sheep. As the policy of the govern ment officials became better known, however, particularly after the allot ment of the Wallowa, Cheslmus and Weiiaha reserves, the feeling changed. and now the rangers are looking for ward to the announcement that the Blue Mountain segregation also will be converted Into a permanent reserve. They claim thatMie government's pal Icy relieves them of several draw backs and takes away none of their advantages, and are backing up the government as far as possible by res olutions In the different stockgrowenf" associations. New President for Equitable New York, Jan. 31. The highest financial authorities here assert that Paul Morton has been selected the head of the $225,000,000 Interborougn Metropolitan Traction company re cently organized In this city. Wh will succeed Morton as head of the Equitable Insurance company Is un revealed. e e Concentrator Rurned. e e Butte, Jan. 31. A fire of un- e known origin early this morn- e e ing destroyed th concentrator e entailing a loss of $100,000 and e causing a shut-down of the smel- e ter, affecting 400 men. Spon- e tancous combustion of cheml- cals la probable. e e