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EIGHT PAGES.
DAILY EAST ORKGONIAX, PENDLETOIf, OREGOX, WEDNESDAY JANUARY 81, 1906.
PAGE FIVE.
4-"' .
Four Days
More
Saturday evening, February Srd,
will close the moHt successful piano
sule cvur cnnductod In Pendleton, A
1 Invariably 'the rulo, a few ot the
choicest and mont expensive Instru
ment nre, owing to their great cost,
left until the last.
Thorn! Instruments we are going to
ell. Ah staled In our previous adver
tisements, nil the Wulla Walla stock
every Instrument must have an
owner. There are two Webers, one
Chlckerlng, two Klmballs, two Had
dorfrs, two Deckers, three Hobart M.
Cables, one Crown, and one Bailey,
besides, we have taken In exchange a
number of old pianos and organs,
some of them very good and for which
we nre willing to accept a great deal
less than their value, as they must be
disposed of by Saturday.
It Is very likely that never again
will Pendleton peoplo have a chance
to buy the finest makes of pianos
known In the world today, and muko
such nn enormous saving. Every In
strument Is marked with a price bo
low that the buying of a piano Is now
a good Investment a matter of sav
ing a great deal of money.
Hemember, our easy payment plan
Is extended to every buyer. Pay a
little each month or yearly.
KllerH Piano House absolutely won't
have you dissatisfied It Is "money
bark" If not ns represented.
Remember, that many have pur
chased during this sale, and not one
of those but saved from 1 00 to $200.
Eilers Piano
House
J. C. GALLAGHER, Mgr.
813 Main St.
CITY BREVITIES
Nuf sed. U C Rader.
U C Rader. Nuf sed.
Rndor Carpets Rader.
Rader Furnlt-. Rader.
Carpets Rader Carpets.
Furniture Rader Furniture.
Monlglcs restaurant, 806 East
Court street. Meals 20 cents and up.
Buy a Pianola for your piano. Easy
terms. Eilers Piano House. 811 Main
treet.
For Sale Two Indies' bicycles,
horse ami buggy, one milch cow. Call
at 972 California avenue.
When In Portlnnd stop at the Hotel
Oregon. Rules $1 per dsy and up
ward. Europeun plan. Free 'bus.
For Rent Two new houses, corner
Webb and Harden streets. Apply to
Mrs. Frank Downey, 205 Webb street.
For Snle Furniture In 9-room
rooming house and building for rent
Imiulre of V. Stroeble, Court street.
During the year 1905 5500 tons ef
freight was hauled Into and distribut
ed from I'rineviile. The fact Is added
fuel to the clamor for a railroad.
Wbnrf labor at Clnfuegos, Cuba,
has advanced to $2 per day gold, ac
cording to Consul llaohr's report
This Increases tho cost of shipping
sugar and of handling Imports.
If the boy who was seen carrying
away rtie 38-callbre Smith & Wesson
revolver from the Congregational
church Tuesday night about 10 o'clock
will return the same to the East Ore
gonlnn office at once, no questions
will ne nsked; otherwise, stern meth
ods will be taken to recover property.
For coughs and colds no remedy 1b
equal to Kennedy's Laxative Honey
and Tar. It is different from all
others better, because It expels all
cold from the system by acting as a
cathartic on the bowels. Affords Im
mediate relief in croup, cougs, colds,
whooping cough, tc. Children love
It. sold oy i ai..na i ec v-o.
linnos mill Organs for Nothing.
Some old pianos and organs taken
In exchange as part payments for new
Instruments. The prices are so low
that by tomorrow night they will nil
be sold.
KII.EUS PIANO HOUSE,
813 Main Street.
In 1904 the state of Washington pro
duced 3,137.081 tons of coal; In 1905
but 2.370,000 tons. The total coal
production of the United States In
1905 was 367,474.393 tons, or 16.UUU,
000 more tons than In 1904.
VICTOR EDISON COLUMBIA
Talking MacI ics and Supplies
5,000 RECORDS
J. A. OWENHOUSE
813 MAIN ST. Distributor,
PERSONAL
MENTION
tC. P. Marshall went to Echo on bus
iness this morning.
C. E. Allen of Echo, came up last
evening for a Bhort visit here.
D. H. Boyne, of 'Adams, has been In
the city today on a short visit.
C. A. Brown, of Coombs Canyon, has
been In town today on a short visit.
Mr. and Mrs. H. Struve came In
yesterday from their home near Ful
ton. George W, Shipley, a horse buyer
of Pasadena, Cal., arrived here this
morning.
F O. Naylor, tho Athena farmer,
came down lust evening and has been
visiting here today.
R. Burns, O. R. & N. agent at Walla
Wallu, came over last evening and re-
urned home this morning.
'. 8. Copple, a brother of R. A. Cop-
pie, of the Golden Rule store, left this
morning to visit his parents at Hood
River. '
Mrs. W. E. White, an old-time
friend and neighbor of Dr. C. J. Smith
at Columbus, O., left this morning for
Portland.
Mrs. J. W. Booth of Wasco, Sher
man county, arrived here yesterday to
visit her duughters, who are attend
ing St. Joseph's academy.
W. S. Bowman, formerly In the
photographic business here and now
living In Portland, came up this
morning upon a short visit.
Rev. N. H. Brooks left this morning
for Heppncr, where he Is holding re-
vlvul services. From Heppner he will
go io lone to hold services.
Mr. and Mrs. Ed Stonsberry return
ed last night from Portland, Salem,
Independence and other valley points
after a month's visit with friends.
Mrs. Augustin Gale, who has been
visiting her sister, Mrs. H. B. Collier,
left this morning for Echo. Her hus
band has Just moved there and start
ed a store.
Charles F. Beebe, the well known
Portland citizen, arrived here lost
evening and after attending to busi
ness matters here he left this morning
for Walla Walla.
F. A. Miller, a Congregational evan
gelist, went to lone this morning to
onduct revival services there. He
has lately held very successful servi
ces at Kondrlck, Idaho.
Mrs. O. E. Perrlnger of Pendleton,
who has been on a trip through
southern California, stopped over In
The Dalles yesterday to vlBlt her
brother. Dr. E. E. Ferguson. The
Dalles Chronicle.
C,. C. I.andis, of Murray, Idaho, left
this morning for Spokane, after hav
Ing visited here several days with his
uncle, A. J. Goodman. He Is postmos.
ter at Murray and Is also Interested
in the Coeur d'Alene mines.
John Lane of Portland, and J. S.
Jensen of Pendleton, arrived In Baker
City from Pendleton last night and
will spend a week here In the Interest
of a patent railroad switch which
they are promoting. Baker City Her
aid.
Mrs. George Stcunenberg of Mos
cow, Idaho, passed through here this
morning on her wny home from
Boise. She Is the wife of Lieutenant
George Steunenberg, a brother of tho
murdered ex-governor, and he Is In
chnrge of the cadet battalion at the
University of Idaho.
TAKKX VXDEIt ADVISI.MEXT.
Tim Ileiirlug on the Appnil of I. II,
Goblx-ll, tho Iloldmuil Tendicr.
This morning the circuit court
room was by no means the only plnce
at the court house where Important
business was on hand, for in the coun
ty school superintendent's office fl
case was also being tried.
It was the case of I. H. Gobbell
former teacher In the Holdman
school, which was being heard upon
an appeal from tho deposed Instruc
tor. The side of the appellant was
presented by brief and Mr. Gobbell
was not present.
For Mr. and Mrs. John Etter, the
private complainants against Mr. Gob-
boll. Attorney S. A. Newberry ap
peared, who argued the case orally,
besides filing a brief.
At the conclusion of the hearing.
which consumed most of the fore
noon, Superintendent Welles took the
case under advisement. As the evi
dence In the case Is exhaustive It
may be some time before a verdict is
given.
Dll. I.YTLK HAS RESIGNED.
Accepted a Position In tne Montana
Agricultural College.
Dr. W. H. Lytle, deputy federal
stock Inspector, who has been here
throughout the winter, hns resigned
his position and will leave here to
morrow for Bozcmnn, Mont. At that
pin cu he has been given the chair of
veterinary science in tne Montana Ag
ricultural college and he will at once
enter upon his duties. The position
is a desirable one, ns It offers good
opportunities for ad van coiheii t.
It is not known yet who will take
Dr. Lytle's position as deputy here.
Stephens mill Wife Iteliirn,
Howard L. Stephens, tho well
known sheepbuyer, arrived from tho
east last night accompanied by his
wife. They have been In the middle
stales dining the past three months.
Mr. Stephens Is hero for the purpose
of looking over the local market situ
ation, but docs not expect to make
any purchases.
Marriage License Issued.
A marriage license was Issued today
to Sidney W. Rogan nnd Ida Holeomb.
Representative McKlnley, of Call
fornla, would absolutely exclude nil
Asiatics Chinese, Japanese nnd Ko
roans from America, but Is In favor
of admitting all the able-bodied Eur
opeans who can reach our shores.
DAVIS IS YET O TIIE BTAXD.
(Continued from page 1.)
was then handed to the Jury together
with the figures on the yellow paper
with the Instructions to compare them
which they did for some time.
"What would be the effect of such
reduction, Mr. Duvls?"
"There would be that much over In
the cash."
'Do you mean to admit to the Jury
that Funk took this money?"
"Yes, I presume he did from his
handwriting."
The witness then admitted that
Funk had Been In the office but about
two or three months when this alter
ation occurred In his books, that If
Funk took the money he would have
had to take at least about $800 per
month. It was also admitted that the
books were turned over to the Taylor
administration shortly after this and
that In looking over the books to
make a report there was no shortage,
except about $10 found.
Damaging for Davis.
If a person took $30 or $40 per
month for several months and had to
cover it up near the end of the ad
ministration, he could cover It up that
way, couldn't he?" asked Mr. Mc-
Court.
"I suppose he could."
"Funk had been there that long?"
"No, sir."
"You had, though?"
"Yes, sir."
"If you had passed over the alter
ation you would have noticed It?"
"No, not necessarily; my wife was
sick and I was away some."
Mr. Funk had been tn the office
about 10 days and you say he changed
the books for $3400?"
"I said It was his handwriting."
"Who left the Item of $1100 out In
posting?"
"I don't know."
"Mr. Funk never kept any of the
bonks, did he?"
"No, sir."
"All these other figures are yours?"
"Well, some of them are Taylor's."
Mr. Davis testified that because the
$1100 had not been entered on the
register, the fact would make the cash
long. That he had not checked up
the receipts for money paid In with
the money paid over to the treasurer
to see If he was paying over all that
was coming In. He said he had ex
amined the expert's report two or
three weeks before the trial and found
It differed In a few respects with his
figures. There being a difference In
the 1894 taxes, but It was practically
correct.
Back Taxes Again.
About 10:30 the cross-examination
turned to the amounts that had been
received during the Taylor adminis
tration for back taxes and not turned
over to the treasurer. The amounts
for each year were taken up In turn
and Davis questioned regarding them.
The following concerning the
amount received for 1897 taxes shows
the nature of the questioning:
"What amount Is there on the reg
ister that has not been turned over to
the treasurer?"
"$277."
"Does that agree with the expert's
report?"
"It does."
The money for the above year's
taxes had been received In 1903 and
the testimony showed one page of the
collection register had not been bal
anced. "Why was the page not balanced?"
asked Mr. McCourt.
"It was overlooked, or else I didn't
have time," replied Davis.
"That money came into the office,
did It not?" queried Attorney Mc
Court. "I presume It did," replied Davis.
"Now, look up the treasurer's re
ceipts and see when that money was
turned over," continued the Inquisitor.
"None of that amount was turned
over," replied the witness.
Upon 1898 taxes the sum of $447.68
had been received during 1902 and
virtually the same evidence was given
concerning It as for the amount for
1897.
For 1899 taxes only $6.22 had been
received but for 1900 taxes $320.66
had been paid In during January,
1904, while upon 1901 taxes $542.64
had been paid In and not turned
over.
"Overlooked or Busy."
In each case It was admitted by the
defendant that the report of the ex.-
perts was correct, and that the money
had not been turned over while he
was in office. This had not been done
he said because the pages had not
been balanced. In his reply to tho
questions as to why he had not bal
anced the pages his reply wnp either
that It had been overlooked or that
ho hod lacked time. When the for
mor was shown by Attorney McCourt
to have been Impossible the latter ex
cuse was urged and when It was
shown there hnd been nmple time ho
would declare It had been "possibly
overlooked."
At one time Davis was asked If he
had allowed the balances to stand for
such lengths of time when he knew
the money should be turned over to
the treasurer each week.
"Yes, sir; nnd my superior officers
knew It," replied Dnvls.
Tnylor Wnnteil Cnsli Balanced.
He was then nsked If It was not a
fact that Sheriff Tnylor hnd repeated
ly asked him to get his ensh balanced
nnd thnt he delayed the matter, say
ing ho hadn't time. As to how much
the cash wns off Dovls appeared to
have no possible recollection nnd in
a significant tone Attorney McCourt
asked if the amount wns $4200, which
Is the sum charged against him In the
indictment. However, Dnvls declared
it was a small amount.
At 12 o'clock cross-examination was
upon the suhject of the 1901 taxes,
nnd nn adjournment was tnken until
1:30.
Tito Yesterday AftiTiiooti.
Tinting the examination of Dnvls
on (he entries In (he Jnnrnnl and led
ger lie was shown pevcral of the alter
ations and denied making them, say
ing he did not know who made thorn,
and that ho did not know anything
about any of the books being changed
The Last Week of Big
Clearance Sale
The last will be the best week of the sale. Best, for us, because we
are going to get rid of more goods; best for you, for you can buy cheaper
than during any other time.
Specials are In evidence all over the store.
SILKS at big reductions; 20c, 35c, 65c and 86c yard, all reduced from
20 per cent tn 33 1-3 per cent from regular price.
DRESS GOODS all reduced In price,
ce. 60c, 65c and 76c goods now golngat 48c yard.
RIBBONS and laces cheaper than ever before offered in Pendleton.
Come and convince yourself. "
Don't Miss This Final Sale
There Is money In It for you If you buy.
The Fair Department Store
Pendleton, Oregon
until confronted with the fact by the i trie fuse blowing out, that Stenograph
prosecuting attorney. er Beckwlth said he could see to write
Judge Fee called Davis' attention to f but could not see to read It. The court
a page which showed that $1100 more, remarked that he . would probably
had been taken in than was receipted j want to read it some day, and for that
for. and asked what the effect of that
would be. The answer was that there
would be $1100 more deposited In the
bank than the books called for. Inti
mating by this testimony that al
though his books might show a short
age, nevertheless, If there was more
money taken In than the books called
for It was all turned Into the funds of
Umntllla county.
All the pages of the books where
the prosecution had shown there was
a shortage were now turned to by the
defense and exhibited to the witness,
who qaid that each entry was In
Funk's handwriting. By his testimony
here Davis Bhowed clearly that he
would attempt to throw the blame up
on Mr. Funk. A number of the en
tries, however, which were identified
by him as being In Funk's handwrit
ing, were acknowledged by Sheriff
Taylor when he was upon the stand to
be his own and some of them as I
Davis' himself.
When the figures were reached
where the $3400 change had been
made In the William Blukley books,
the question as to whose handwriting
they were in again brought forth the
reply. "Mr. Funk s. These were the
figures which Mr. Taylor had the day
before sworn were Davis".
Mr. Phelps objected several times
during this testimony that Judge Fee
was asking very leading questions and
was putting the answers In the wit
ness' mouth.
Judge Fee replied sarcastically, "I
have always heard that a great'lawyer
Is known for objecting to leading
questions."
"That is exactly right," replied the
district attorney.
Judge Ellis then admonished the
attorney for the defense that leading
questions were not permissible.
After a few more minor questions
Judge Fee concluded the direct ex
amination of Davis, and turning to the
state attorneys he said:
"Take the witness."
Cross-cxniiilnatlim Commenced.
As John McCourt began upon the
cross-examination of the defendant,
the spectators listened attentively, ex
pecting interesting developments.
"How long have you lived In Pen
dleton, Mr. Davis?" was the first ques
tion. "Since 1S86."
"Where did you come from to Pen
dleton?" "From Athena."
"Well, where did you come from be.
fore that?"
"From Weston."
"How long have you lived In the
state of Oregon?"
"About 50 years."
Mr. Davis' answers showed ho had
been working In the county offices to t,e that of William Sibley, was
nearly all the time since 1886, there I found on the beach at Pachena bay
being one period when he was doing 'y the Grant. The cutter Perry Is al
work In the Hartmivn Abstract office, I so searching. The Bahada has arrlv
and was not handling tho county 1 ej nere,
books except to copy the records. The j tj,p tug Bahada brought a corpse
witness further testified that there j identified as W. Wilson, second-class,
was some money he had gotten on by the cook, Hancock. He said Wil
receipts but had not reported to the'aon Wils the man who went crazy and
county court. He had put the money ! jumped from the first raft. Bahada
In the safe. 8iiys Attorney Peters Is aboard the
More Direct Kxnmlnntlon, porcy looking for the body of Miss
Judge Fee asked permission here van Wyck, whom he thought to be
to ask the witness a few more ques- t)e,j 0 the rigging. This Is denied by
Hons before the . cross-examination ' Hancock.
went nhead. as he had overlooked one j
or two points. Wood In Command.
The defense then showed that Davis! Manila, Jan. 31. General Wood a-s-wns
In Walla Wnlla at the time the ' SUmed command of the Philippines to
flgures were entered where the $30,-I day.
700 entry was changed to S27,i0i.
This wns true, they alleged, because
they had checks to exhibit which
Davis drew In Walla Walla nt that
time.
Mr. Phelps objected that this did The long, dull street Is ghostly
not show that some one else made the) Beneath the pallid stars;
erasures ill the ledger, as it could , Rut. If thou come, Lollta.
have been done very easily after he j .Soft treading through the gloom,
returned or on one of bis trips down The splendor of thy violet eyes
to Pendleton. Shall set the streets abloom.
The witness stated be was in Wnlla Oh. It thou come, Lollta,
Wnlla because his wife was 111 In the With eyes of living light,
hospital there, and was asked If he j Their smile behind the window-bars
was not greatly worried over her eon- Shall make tho whole world bright!
dltlon. Tills was strongly objected to
as Immuteiial, but the counsel for the Oh, In the dusk. Lollta,
defense argued thnt it was very ma- The sun shines out for me;
terial, ns they wished to show that 'For all the hours are sunless
the defendant's mind was greatly nf-j I bear mo far from thee;
fccled when he ran down to Pendle- The cold, gray stones are lifeless,
ton In the evening to post his books,
returning the next morning, and that
he could not do the good work that
he otherwise would have done.
Tke court sustained the objection of
the state.
It hnd become so dark In the court
room by tills time, owing to nn elec-
reason took a recess until 9 o'clock
this morning.
Shot Ills Partner.
Los Angeles, Jan. 31. J. H. Meen
ock walked Into the office of his for
mer partner In real estate, George K.
Gwartney, this morning and fired five
shots. Gwartney was hit by three
bullets, but not seriously Injured. The
trouble was the result of a dispute
over a small business matter.
Frazcr Manager Returns.
K. J. Taylor, manager of the Fra
zer theater, arrived this morning, af
ter having been away for several
months, serving as manager of the
Lanslr.g-Rowan company. After a
few days here he will go upon the
road again. Since leaving here the
company has been playing all over the
northwest
Carl Hawk Has Built.
Carl Hawk, the Coombs Canyon far
mer, Is now engaged In hauling Ium
ber for a new house he Is to build up
on his place.
IIOXOK THE COMMON SOLDIER.
Roosevelt Is IVrnlnst Cheap Aristoc
racy of Rank.
Washington, D. C, Jan. 31. Presi-
dent Roosevelt may be heard from
later In regard to the uniform of en
listed men of the army and navy. His
expression, If one is forthcoming, will
be directed against those people, In
eluding officers of the service, who
feel that there Is something objec
tlonable In the presence near them of
a man dressed as a soldier or sailor.
There Is no attempt to disguise the
fact that the president heartily ap
proves of the action of the army offi
cer who recently preferred charges
against a subordinate officer when
the latter requested a soldier to leave
his seat and go Into another part of
the theater.
The president Is described as de
siring to make some expression of his
approval of an action which would
bring before a military court an offi
cer who has what Mr. Roosevelt re
gards as an entirely Improper sent!
ment respecting an enlisted man. He
feels that anything he may do In the
way of personal or official expression
would be In the interest of the serv
lee and would be a defense of the unl-
form, which is evidently greatly
needed.
RECOVERING HODIES.
Several Vessels Engaged In Heart.
breaking Search.
Seattle. Jan. 31. A body supposed
l.Ol.lTA.
Oh. in the dusk. Lollta.
Come to the window-bars;
Tho living trees nre dead.
Whero shines the golden halo
About a girlish head.
But, in the dusk, Lollta.
Thine eyes nre living stars
Thnt light the Soul of Heaven.
Behind the window-bars.
Virginia M. Uutterfield.
Would Retard Settlement,
It would be a very great mlsfor-'
tune to the lower Yakima country If
the state land commissioner should
win out In his contention that the
government should give the Carey
lands to the state. A charge of some
kind would be made by the state for
the lands when settlers went upon
them. This charge might be $1 per
acre, or $10, or even much higher.
Naturally It would be as high as pos
sible. It would be a charge in addi
tion to the cost of the reclamation
work, and It would have to be paid
In cash by the settler, because the
government's Hen for the water right
would have to be a first lien. The re
sult would be that the settlement and
development of that part of the valley
would be retarded greatly. ,
If the state's claim is turned down,
the lands will be subject to entry as
other public lands, and the settler will
pay only the cost of the water right.
Yakima Rally Republic.
Indication of Prosperity.
The attendance upon theaters Is
looked upon as a good barometer of
the financial condition of the country.
F. Lawrence Walker, the advance
agent for Charles B. Hanford, says he
finds unusually prosperous times In
the west. Last Wednesday the Salt
Lake theater was packed to the doors
to hear Mr. Hanford In the "Mer
chant of Venice." This has been the
most successful season that Mr. Han--ford
has ever had from a financial
standpoint, as almost without excep
tion he has played to well filled'
houses. They play at La Grande
next Saturday, passing through Pen
dleton Sunday morning en route to
Pullman. Lewiston, Spokane, Wallace
and Walla Walla, returning to Pen
dleton the 13th of February.
Lovo's Supremacy.
As yon great sun In his supreme con
dition Absorbs small worlds and makes
them all his own,
So does my love absorb each vain am
bition. Each outside purpose which my life
has known.
Stars cannot shine so near that vast
orb's splendor,
They are content to feed his flames
of fire;
And so my heart Is satisfied to render
Its strength. Its all, to meet thy
strong desire.
Like some swift-rushing and sea-seeking
river,
Which gathers force the farther on
It goes.
So does the current of my love forever
Find added strength and beauty as
it flows.
The more I give, the more remains
for giving,
The more receive, tho mor remains
to win.
Ah! only In eternities of living
Will life be long enough to love thee
In. Ella Wheeler 'Wilcox.
"Son of the Puritans, can It be thou.
Harnessed for slaughter with bay
onet and blade?
Weeds in thy furrows, rust on thy
plow,
Death for thy trade?
"Fruitless the planting In War's black
soil!
What do the red-jjtnded husband
men reap?
Cripples that languish, children that
toll,
Widows who weep!
"Ah, these denth-glcaners must learn
ns they mow
Darkest of secrets thnt history
honrds:
Only a harvest of hatred can prow
From a sowing of swords."
Frederic L. Knowles.
What Is u cold in the head? Noth
In to worry ubout if you treat It with
Ely's Cream Balm as soon as you be
gin to sueeiio and snuffle. Neglected,
tho cold :.iny grow Into catarrh, and
the nlr-passagos be so Inflamed that
you have to fight for every breath. It
is true that Ely's Cream Balm cures
cntarrh, promptly and certainly, But
you know the old saw about the
ounce of prevention. Therefore use
Cream Balm when the cold In the
bend shows Itself. All druggists. 50
or mailed by Ely Bros., 66 Warren
Street, New York.
Governor Pattlson, of Ohio, is very
i 111. He hns not been In bis office
since January 8, the day of his lnnug
' u ration.