EIGHT PAGES.
DAILY EAST OREGONIAN, PENDLETON, OREGON, THURSDAY, FEBRUARY 1, 1906.
PAGE FIVE.
ONLY -3- MORE DAVs
j OF THE
Forced Sale
Take advantage of this
I grert opportunity to practice
I economy.
! Teutsch's Dept. Store
CITY BREVITIES
Nuf ed. U C Rader.
Rader Carpets Rader.
Rader Furnlt-- Rader.
Furniture Rador Furniture.
For Rent Couple suits housekeep
ing roomii; apply 616 Thompson street.
Buy a Pianola for your piano. Easy
terms. Ellers Piano House, 813 Main
street.
For Sale Two ladles' bicycles,
horse and buggy, one milch cow. Call
at 972 California avenue.
When In Portland stop at the Hotel
Oregon. Rntes tl per dfcjr and up
ward. European plan. Free 'bus.
For Rent Two new houses, corner
Webb and Harden streets. Apply to
Mrs. Frank Downey, 205 Webb street
For Sale Furniture In 9-room
rooming house and building for rent.
Iniiulre of V. Slroeble, Court street.
For coughs and colds no remedy is
equal to Kennedy's Laxative Honey
and Tar. It Is different from all
others better, because It expels all
cold from ths system by acting as a
cathartic on the bowels. Affords Im
mediate relief In croup, cougs, colds,
whooping cough, tc. Children love
It. Sold by Tall.na i & Co.
sensational testimony.
Flint Lnnatcy Says Many Lives Could
Ilnve Been Saved.
Seattle, Feb. 1. There was a sen
sation In the Investigation this morn
ing In the testimony of Captain Wal
larc l.angley. who has been a pilot In
Vancouver Inland waters for years.
Ilo was on the Queen when she
went to the rescue of the Valencia,
and said no effort was made to get
near. He said the life bouts from
the Queen could have reached the
wreck nnd the steamer could have
gotten much nearer. He severely crit
icizes the tug Czar for not going near,
as she could have saved lives.
Mo testified that a few months ago
he salved another- wreck 200 yards
from the Valencia, and during worse
weather removed heavy machinery
and dismantled the vessel.
He practically put to lie every
statement of officials of the Pacific
Coast's captain. Bencher, and the pi
lot In the employ of the Pacific Coast.
A It I
IX FOREIGN LANDS.
Piilcr in Honduras, Mi-Klnlcy nnd Son
In Clilnii.
Portland, Feb. 1. Government of
ficials admit that Horace CI. McKlnlcy
nnil S. . D. I'uter. principal witnesses
for the government In the coming
land fraud prosecution, have fled to
fori-ign lands. I'uter Is reported to be
In Honduras nnd McKlnley In China
with his son and n prominent eastern
millionaire, floating n street railway.
New Mint at Wort .
Denver, Feb. 1- The new mint be
gan operations today with $30,000,000
in gold bars on hand awaiting coin
age. Senator He) burn III.
Washington, Feb. 1. Senator Hey
burn. of Idaho, was taken suddenly
111 with symptoms of appendicitis.
157,838,640 times every year.
The various wheels revolve 4,730,
540 times each year.
Yet we find watches thnt are al
lowed to run li to 10 years without
being cleaned or even oiled. If you
own a good watch treat It as you
would nny other fine machinery.
We do nil our repairing promptlv
and to the satisfaction of our custom
ers. -
L. HUNZIKER
JEWELER AND OPTICIAN,
' f-- J WaLch
'mjrgJ' ticks
MAY ACCOMPLISH LITTLE.
Insurance Conference Will Jangle)
Over Admissions.
'. Chicago, Feb. 1. Governor John
son of Minnesota, soon after his se
lection as chairman of the National
Insurance conference wnlch met to
day, ordered a recess taken until the
credentials committee should decide
who would be voting members. The
conference of the National Associa
tion of Life Underwriters has de
manded the right to vote. Governors,
Insurance commissioners and Insur
ance commissioners and Insurance of
ficers of the country are present.
The general sentiment seems to be
that there is a poor prospect of the
accomplishment of anything definite
as a result of the conference, which
ostensibly seeks reforms.
Ml'RDER HY SPANKED LAD,
Seven Ymr Old Willis Hutum Kills
Ills Mother.
Campton, Ky., Feb. 1. A telephone
message was received from Rogers,
this county, to the effect that late last
evening Willis Hatton, 7-year-old son
of John Hatton, a prosperous farmer,
shot and killed his mother because
the latter had spanked him for some
small trifle.
After the mother corrected the
child he turned to her and said: "I
will kill you for that." He then went
Into another room, seized his father's
revolver from a drawer, aimed It at
his mother and pulled the trigger.
The ball struck Mrs. Hatton In the
right side above the hip, passing
through the body and out the left
side, killing her Instantly.
GERMANY GAINED I'PPEK HAND
All Powers at Llls-rty to Act Take
I lor Position.
Berlin, Feb. 1. The foreign office
declares that Germany has gained the
upper hand In the Igeclrns conference.
All the powers except those bound by
special agreement have come over to
the German position, and France's
isolation In the conference is com
plete. Taxation Draft Adopted.
Algeclras, Feb. 1. The Morocco
conference today adopted with modi
fications the draft of a taxation pro
ject. The Moorisli delegates objected
in part, and will refer the proposuls
to the sultan. The question of re
forming the customs duties was not
considered.
KILLING OFF DISSATISFIED.
ItiiHslnii Soldiers Guilty of Awful Atro
cities. Warsaw, Feb. 1. Four Jewish
members of th "bunde" were executed
In the citadel. Six others are held
for death.
Many casualties are reported as the
result of the nntl-semltic riots at
Wusylkoff, government of Kleff,
where the peasants attacked the
shops nnd houses.'
Advices from the Baltic provinces
say the atrocities of the soldiers sent
to pacify the country are Indescriba
ble. An average of B0 mon are exe
cuted daily, and tho people swear
vengeance.
IIR1XGIXG IX RODIES.
Provincial Police Offer $10 for Every
Additional Body.
Victoria, Feb. 1. The Lorno ha
just returned to P-nmflcld with two
bodies. One Is Frlckson, a second-
clnss pnssenger. Seven more on tho
beach are to be brought to Unmfleld
tomorrow. The Wyadda will bring an
other body from Paehena Bay. The
provincial police offer 1ho Indians $10
for every body brought In.
Report Snld to Re Absurd.
Chicago, Feb. 1. Charles E. Yerkes,
son, nnd Clarence Knight, nttorney for
the late Yerkes, declare the story of
Mrs. Yerkes' marriage as ridiculous
and preposterous, nnd circulated by
Now Yorkers with ulterior motives.
For Two-Cont Railroad Fare.
Columbus, O., Feb. 1, Tho house
railroad committee decided to report
favorably the two-cent railroad fare
bill which already passed tho senate.
The Aberdeen and Gray's Harbor
theatrical companies have consolldt
ed and will build a theater at Gray's
Harbor. .
PERSONAL '
MENTION
S. E. Starr, of Helix, Is In town up
on a short business trip.
A. McRae, of Walla Walla, came
over on the evening train yesterduy
upon a short visit.
J. B. Baylor, of Echo, came up from
thut place last evening and has been
vlBitlng here today.
V. L. Forbes, of Seattle, formerly
pastor of tho Presbyterian church In
this city, arrived on last night's west
bound train.
C. H. Crawford, district attorney for
Union and Wallowa counties, arrived
here last night and has been attending
to business here during the day.
T. F. Sheridan and Fred O. Mc
Cluln of Medicine Hat, Alberta, ar
rived here on the westbound train
last night. -A brother of Mr. Sheridan
Is 111 at St. Anthony's hospital.
Mr. and Mrs. Jerry Swart passed
through Pendleton on their way to La
Grande, where they are attending the
funeral of Mr. Swart's brother, the
hrakeman who was Instantly killed at
La Grande yesterday morning. Mr.
Swart is agent at the depot at Adams.
DEFENDANT LF.IT STAND.
(Continued from page 1.)
for $40, Mr. Teal of Echo for $40;
also the names of T. G. Halley and H.
J. Bean were among others. Mr. Da
vis then repeated that could not turn
these over as cash.
Mr. Phelps again objected to Judge
Fee asking leading questions which
showed to the witness the-deslred
answer, and the court asked the coun
sel to refrain from those questions.
Further testimony was Introduced
on the sack of money kept In the
safe but nothing new was brought out
Mr. Davis stated that he didn't know
-it was there unt'll his attention was
called to It. That when he counted
It there was $1400 In gold In It. He
could not remember for sure whether
Joe Blakley had called his attention
to the sack or not. When he found
the money he said he took It and put
It in the cash drawer.
Mr. McCourt again took the witness
for cross-examination and asked to
see that list of parties who had tax
receipts In the safe. Mr. Davis re
fused to hand It over, stating that it
was hiB own private property.
The defendant admitted that he
had taken money from the cash
drawer and left a slip in It the same
as the rest of the force. Also, that
the keys, which he testified were fre
quently left In the doors of the safe,
were his own.
Davis' Plain Attire.
A little amusement was afforded
when the witness was questioned by
Judge Fee concerning his family ex
penses and style of living.
"How long do you wear a suit of
clothes?" asked Judge Fee,
"One or two years," was the reply.
"You don't wear any fancy silk
neckties, do you?"
"No, sir."
"Nor any pointed shoes or Plcadll
ly collars?"
"No, sir."
"Did you ever carry a gold-headed
cone or smoke cigarettes, or use any
of those luxuries that belong to law
yers ?"
The witness stated that he wasn't
addicted to these and Mr. McCourt
interposed with, "You- do drink good
whiskey, though, like the lawyers?"
"Yes, sir," was the answer, amend
ed by Judge Fee with, "From which
the present company is not exempt"
After some further testimony on
the number In his family Judge Fee
said:
"That Is all."
"That Is all," replied Mr. Thelps,
and Mr. Davis stopped down from the
witness stand after, three and a hMf
days' of examination.
Hen K. Davis ns nil Exiiert.
Ben K. Davis was called and cor
roborated the testimony of his father
concerning the time that he and Judge
Fee went to the sheriff's office to talk
with his father about tho shortage.
The witness slated that he had made a
study of expert handwriting, having
taken a course in a business college
In Portland. Being handed the noted
page with the erasure on It he said
that the changed figures were not
those of his father. The figures car
ried forward In the ledger he said
were In Funk's hand writing and all
the figures preceding und following
the changed entry were those of his
father. In all the testimony on the
figures his testimony was Identical
with that given by his father.
The witness also gave information
concerning the financial standing of
his father. Ho said they were not
flush with money and bad to borrow.
He also testified that they were In
Walla Walla during most of the
month of March, 1902, when the big
change was made In .the Blakley
hooks; that he dldn t remember of
his father coming down to Pendleton
but once during that time.
Young Davis Failed.
On redirect examination by Judge
Fee the defendant's son was asked
how he could distinguish his father's
writing. He then explained that the
stems of the sevens and nines made
by his father were straight and did
not dwindle to a point. Also that
rarely did a stem extend below a line.
Ho was then nsked as to his opinion
regarding who had made the $3400
chango In the Blnkley ledger. His re
ply was that the writing was not his
father's, but appeared to be Funk's.
Attorney McCourt then took the
witness nnd showing him a page In
the collection register for 1902.
"In whoso handwriting nre those
figures?" he asked.
"My father's," replied young Davis.
"And nenrly all of the stems of the
sevens nnd. nines extend below the
lines, don't they?" continued the nt
torney. "Yes, sir," admitted the witness,
"but they don't tnper to a point."
Another book was then handed the
witness with tho explanation that It
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 85c yard, all reduced from
20 per cent to 33 1-3 per cent from regular price.
DRESS GOODS all reduced In price,
ce. 60c, 65c and 75c goods now golngat 48c yard.
RIBBON'S 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 y3U buy.
The Fair Department Store
Pendleton, Oregon
was the register for 1904, and he was
asked as to whose writing was upon
a certain page.
"My father's," again replied Davis.
Ho was then asked to read the dates
of the entries and found they were In
December, 1905, nnd January, 1906,
and' consequently made several
months after hlsfather had left the
sheriff's office.
"Then that Is not your father's
writing," Bald the attorney.
"No, but It resembles his closely,
and I mistook it for his in the short
time I had for Inspecting It," explain
ed young Davis.
The district attorney then asked
that the particular pages inspected by
the witness be marked for Identifica
tion . nnd after a few unimportant
questions he was dismissed.
W. L. Tliompson Culled.
W. L. Thompson, cashier of the
Commercial National bank, was then
called to the stand by the defense. He
brought with him the deposit slips
made for his bank by the sheriffs of
fice during 1905. Also he had a
transcript of the account with the
bank. From this he testified that on
the evening of July 11, 1905, there
was a balance of $4134.31 to the
credit of the sheriff. Of this amount
$1087.89 had been deposited upon the
11th. All of the money was checked
out on the following day, July 12. Tha
statement was offered as evidence
and 'Mr. Thompson excused.
G. M. Rice.
G. M. Rice, cashier of the First
National bank, next took the stand,
and he had with him the deposit slips
made out by the sheriffs office dur
ing 1905, nnd also the loose leaf led
ger sheets showing the account with
the bank.
From the ledger sheets Mr. Rice tes
tified that on the evening of July 11
there was a balance of $3942 to the
credit of the sheriff. On the follow
ing day a deposit of $3000 was mad-.
It being brought out that the slip had
been made out In thp handwriting of
George Hurtman, jr. On July 13 an
other deposit of $1633.57 was made.
However from the date on this slip It
was Indicated that the deposit had
been made the previous evening.
"Was such an amount ns $1960 or
$1930 deposited nt one time between
July 1 and July 13'" asked Judge
Fee.
To this question Mr. Rice replied
such a deposit might have been In
cluded with some other amount, but
that it was not deposited by Itself.
"Is there a slip indicating that be
tween July 1 and July 13 a deposit of
$'.00 was made for the sheriff's office
by Joe Blakley?" nsked Judge Fee.
"No, sir;" replied the witness.
After a few more questions Mr. Rice
was excused and an adjournment tak
en until 1:30.
IE!-'KXSK CHANGES TAtTICS.
Settled I'lsin the Theory of Straight
Abstraction From Safe.
Conrad Plntzoeder was placed up
on the stand this nfternnon nt 1:30 to
testify to Funk's bookkeeping In his
office, and his story of the transac
tion was ffiven where Mr. Funk made
the deposit for him. Mr. Platzoeder
claimed that he had prepared a de
posit slip tile evening before his book
keeper made the deposit, and when
Mr. Funk went to make up the de
posit the next morning he lacked $20
of having ns much as he made It. He
then nsked Mr. Funk to count It and
the same amount was nrrived at again,
and again the second time.
He then claimed that he called the
attention of Mr. Funk to $20 which
he was concealing, nnd that when it
was counted a third time there was
the extra $20.
"Did you ever treat your customers
when they paid their bills?" asked Mr.
McCourt, and the witness Bald that he
did.
"Did you keep account of these
small Items you weto paying out?"
"Yes, sir."
"When diil you put them down?"
"I put them down when I got back
home.
Mr. Plntzoeder denied that he ever
had any trouble with his partner
over the cash, nnd also denied that
he was now having trouble over the
same point with his present partner.
"Didn't you rake the money over
with your hand that third time when
he counted It und shove in that extra
twenty?" was usked him.
"No, sir,"
"Do you remember all the figures
where you overcharged your custom
ers?" "1 don't ever do that."
From the nature of the defense this
afternoon It seemed that tho attack
on the experts has been abandoned.
The testimony of Davis yesterday that
the report was correct In most all par
ticulars threw the defense back upon
the charge that somebody got the
money besides Davis. Several wit
nesses were called and examined
about being In the Inner office of the 1
sheriffs rooms where the safe Is
kept, and seeing both the inner and !
outer doors open, and one testified
that he had seen the contents, even '
the gold In the cash drawer. I
Joe Hlnkle was called and gave tes
timony concerning the safe. He stat-
ed that he was In there once every j
two or three months to talk to a prls- I
oner and had see the doors of the '
safe open and the keys hanging In the j
door. I
"Did you ever see any of the prls-!
oners you had In there take any of
me money : asKea me cross-examiner.
"No, sir; I never did."
"Well, did you ever take any of It
yourself?" asked Mr. McCourt, smil
ing. "I certainly didn't," responded Mr.
Hinklc.
Jtidge Fee then questioned the wit
ness about being In the room where
the safe Is kept when he had four
prisoners with him, and asked him If
he was out of the room while any of
these prisoners were In there. Mr.
Hinkle said he was out with two of
them. They had a purse In the other
room and wanted to see how much
money there was In It.
"Did you get It all?" asked Judge
Fee.
"Well. I believe I did."
Rnley nnd Fee on tho Stand,
Judge Fee announced, "I will call
Colonel Raley to the stand."
Practically the same testimony was
given by Colonel Raley as was given
by Mr. Hlnkle. He had been In the
room where the safe Is kept and had i
seen It open several times and he j
thought he had seen the papers and j
contents. j
The attorneys then reversed their:
positions, and Judge Fee took Colonel i
Haley's place. Colonel Raley ques-1
Honed him nbout the safe, and the I
Judge had some very vivid recollec- j
tlons about seeing the doors of the j
safe o)ien. He said he remembered !
It because he was In there with some ,
very desperate criminals, and there !
was a gun on the safe and he was j
afraid one of the prisoners would i
pick it up. He called one of the mem- I
hers of the office in to lock the safe. ;
He said that he wasn't very brave
nnd that It made an impression on his j
mind. I
County Clerk Paling was the next
witness called for the defense. Col-j
oncl Haley asked to introduce some j
books of the clerk's office, but the .
state objected nnd were sustained by!
the court.
Defense Rests. j
Judge Fee now stepped before the
court nnd said: "At this time, your
honor, we are ready to rest. With the ,
exception of one witness who has not
yet arrived. We cannot say whether
we would be able to use him if he j
gets here. This information we got
came up late last night nnd we lm-
mediately wired him to come. With '
this exception we are ready to rest, j
The testimony of this witness may notj
be material, but we want to reserve
the right to place him upon the stand.
If we can do this we now rest." ;
Rebuttal by State.
Fx-Sheriff William Blakley was ;
then called by the state. He was ask
ed by the district attorney If on going'
out of office he had discussed the af- !
fall's of the office with Davis and
made a settlement. This was objected
to by Judge Fee.
However, nn answer was permit-'
ted and Mr. Blakley snld he hail
talked with Davis and made a small j
payment to settle his account with the
office. i
After a few more questions the wit
ness was excused.
Itui'linnaii siiiin Called. I
Expert G. W. Buchanan was next (
called In rebuttal by the state. He
was asked by the district attorney re-'
carding the $201. i charge which hud!
been called Into o.uestion by the de
fense. Judge Fee objected to the question
as immaterial and not the best evi
dence, and Judge Ellis sustained th
objection, holding It was not proper
rebuttal evidence.
Buchanan was then asked about the
$34iit) change In the Blakley ledger.
"In your opinion. In whose hand
writing nre those figures?" asked Mr.!
Phelps. I
Replying Mr. Buchanan held the
figures to have been written by tho
same man who wrote other specimens
shown him, and which were later
shown to be Davis'.
He was then dismissed.
Funk Exonerated.
However, he was recalled at once
and testified In his opinion the writ
ing of the $27,000 was not the same
as shown him and which developed to
be that of Deputy Funk.
Treasurer Somnierrllle.
E. J. Sommervllle, county treasurer,
was next called and questioned re
garding the author of the $3400 era
sure. In his opinion he said the fig- .
ures were those of Mr. Davis. He
was then closely cross-questioned by
Judge Fee regarding the characteris
tics of the particular entry.
George Hartman, Jr.
George Hartman, jr., was then call
ed by the state. He also was asked
regarding the figures used when the
$3400 change was made, and identi
fied them as having been made by
Davis.
W. L. Thompson was next called for
the same purpose as the preceding
witnesses. His evidence was also to
the effect that the famous change had
been made by Davis.
Lute Yesterday Afternoon.
Some very Interesting points devel
oped late In the afternoon yesterday.
In testifying as to the amounts on
hand and those owing to the county,
Mr. Davis said he thought Sheriff
Taylor had out $3400 on July 10,
1905. He said he found the report
of the experts to be correct except In
a few Instances where there were
some delinquencies and abatements
charged against him which should
not be charged. These were small
items and amounted to $12 or $15 In
all.
This -created much surprise as the
defendnnt admitted several times that
the experts' report was correct, with
a few minor exceptions, so far as he
could ascertain. The attorneys of the
defendant had advanced as their de
fense thnt they would show that the
experts had pursued a false system of
charging shortages and with this ad
mission by Davis it seemed that they
would have to pursue a different line.
Secured Attorneys Early.
Mr. Davis testified In regard to the
time that he hired his attorneys. He
engaged Carter & Raley Just after
the fourth of July, and Judge Fee was
spoken to on the third. Later he
spoke to Stlllman and Pierce, but did
not have enough money to employ
them for the trial.
"Then you hired Carter & Raley,
Judge Fee, and StMlman & Pierce be
fore you ever tnlked to Mr. Taylor
about the shortage?" said Mr. Mc
Court. "No; I had only spoken to Judge
Fee nnd Carter & Raley," was re
plied. "Well, how did you come to hire
attorneys before you had talked to Mr.
Taylor nbout the slWtage and before
you knew nbout the experts finding
a shortage?" o
"I did not consult them before. I
had heard of their remark dropped
at the depot."
This concluded the cross-examination
and Judge Fee then began the
re-direct examination.
lte-dlreet Examination.
In this examination the defendant
said that he paid Carter & Raley and
Judge Fee each a retainer's fee of
$S0 and that they afterwards refused
to go on with the trial unless a fee of
$1000 was paid. This amount was
raised by a mortgage on the house In
which he lived nnd tho retainer's fees
of $S0 were refunded.
in regard to the errors in the re
port of Clark & Buchanan Judge Fee
led the witness to state that although
he found no errors In tho experts' re
port on Its face, yet there were a
number of rvbutos that should be
taken into consideration.
Ho was asked to show these on the
books as the objection was raised to
reading from memorandum. While
he was hunting through the books for
these the court stated that as It was
but 20 minutes until quitting time,
they would take a recess until 9
o'clock this morning.
Fire at Panama.
Panama. Feb. 1. Fire this morn
ing destroyed 2S buildings. Including
the Concordia hotel and 15 store.
Damage $500,000.
You can't judge n physician's ability
by the size of bill, neither can you
always guess advertising returns by
the first cost. Rusty Mike's Pinry.
William Lnffertv. alias Hays, will
be soon tried at Prescott, Wash., for
tho third time on the charge of horse
stealing. He has been acquitted twice.