East Oregonian : E.O., February 02, 1906, DAILY EVENING EDITION, Image 1

! DA1LYEVENINBEDITI0N
QA1LY EVENING EDITION
Read the advertisements In the
East Oregonlan. They come from
the most enterprising citizens.
WEATHER FORECAST.
Fair tonight and Saturday.
VOL. 18.
.' ENDLETON, OREGON, FRIDAY, FEBRUARY 2, 190(5.
NO. 5582
gQgCj)
WILL TAKE CASE
THIS AFTERNOON
Arguments Pro and Con as to
Davis' Guilt Will Bo Fin
ished This Afternoon.
CHEAT SKILL SHOWN IV
MARSHALING ARGUMENTS.
Slate Shows ConcltiHlvoly Tluit the
Evidence Proven Beyond a Doubt
That Mr. Duvls Stole County Money
Defendant's Attorneys Promptly
Comitor by Demonstrating That tlie
Evidence Dock Not Io Anything of
the Kind Extremely Able Analyses
of the Testimony Adduced In a Cuse
Tliat 1h Cerlnln to Become a Man
orohlo One.
From the progress made In
the Davis case this afternoon It
Is probable that the case will go
to the Jury some time between
6 and 6 o'clock. Colonel Raley
-concluded for the defense at 3
o'clock, and he was then follow-
ed by District Attorney Phelps
with the closing argument for
the stale.
Since 9 o'clock this morning up to
the hour of going to press, except dur
ing the Toon Intermission, the circuit
court room has rung wllh the attor
neys' arguments In the trial of O. P.
Davis. It Is the final day of the fa
mous trial and for all concerned It
has been the most Interesting yet.
For an hour and a half after the
opening of court John McCourt ad
dressed the Jury for the state, and
many who heard him declare his ar
gument one of the most forcible ever
Riven in this court. His presentation
of the case was clear and convincing.
and though he attempted no flights
of oratory his address frequently grew
dramatic. Especially was his arraign
ment of Davis sever and effective.
So bitter did he become at one time
that both attorneys for the defense
appealed to the court to protect their
client.
"About 10:30 Mr. McCourt concluded
his address, and he wns tit once fol
lowed by Judge Fee for the defense.
In his usual forcible manner the at
torney for Davis laid before the Jury
the salient points In the defense, and
at times the court room rang with the
sound of his voice as he dwelt upon
an Important point. At 12 o'clock he
had not concluded his address, and he
did not close until this nfternoon.
The following Is n detailed account
of 1hc arguments by the various at
torneys:
McCourt Opened for Suite.
"May It plense the court nnd gen
tlemen of the Jury.
"The defendant In this case Is
charged with converting money be
longing to I'matllla county to his own
use.
"At the outset we promise that we
will demonstrate that there Is a short
nge found by the persons who expert
ed the books. We have already dem
onstrated to you beyond a reasonable
doubt that there Is a shortage, and
that this defendant got the money and
converted It to his own use. Not only
will we demonstrate this to you be
yond a moral certainty, but to a math
ematical certainty.
"All the circumstances surrounding
the office, all the acts of the defend
ant, all the testimony point to this
defendant as the one who got that
money. 'He hnd charge of the office,
had charge of the books, nil the money
camo Into his hands, and he has never
showed where any of the money got
out of his hands.
Expert m1 Work fternt
"Now, In this case, there are many
records that have been brought here
for your Inspection and to bo consid
ered by you In your deliberation upon
this case, but we do not think that It
will be nccessnry for you, gentlemen
of the Jury, to spend any time In as
certaining the condition that those
books show. We have brought per
sons here skilled In that kind of work,
and they have shown to you beyond
nny question the condition of those
boks. Wo have brought Mr. Buchan
an here, a man who has been engag
ed In that business for 20 years, who
comes and tells you that the report
upon those books were correct, abso
lutely correct. Then there camo up
on the stand C. P. Davis and admitted
to you and demonstrated U) you Hint
this report was absolutely correct,
and showed the condition of the sher
iff's office nt the time the report was
made In July last, and upon all the
dates that the report covered.
"It Is admitted that there, were
certain Bums of money for the years
1894, 189E, 1896, 1897, 1898, 1890.
1900, 1901, 1902, 1903 and 1904 that
had not been paid over to the coun
ty treasurer as the law required, and
he came upon the stand and admitted
that It was a fact This being the con
dition of the evldenco bearing upon
the records In this case It will not ba
necessary for you, gentlemen of the
Jury, to spend a great deal of time In
going over these books. Mr. Buchan
an demonstrated to you that " the
books were correct and the defendant
went back over them himself and ad
mitted they were correct. Therefore,
gentlemen of the Jury, this report will
be the basis upon which you work,
tho point from which you need to
work from; for It Is correct as admit
ted by the defendant, as well as
claimed by the plaintiff, or the state
of Oregon. The report explains Itself
and It la not necessary for me to go
over It."
Here Mr. McCourt gave a descrip
tion of the tax receipts, and con
tinued: "In your deliberations upon this
matter. If you believe that this report
was correct, M Is not necessary for you
to go to those books, but your deliber
ations may begin In ascertaining the
amount of the report due to the
treasurer at that time. In considering
the total amount, it Is not necessary
to deduct any more than the sum
of $10.94, for that la all we claim the
report should not show under any
circumstances. Mr. Davis went over
this report, he testified that the
changes made In the report were cor
rect with the exception that he claim
ed that $10.94 should not go In there
and It won't make any difference
whether or not you find that the de
fendant converted $4200 of the coun
ty's money to his own use while act
ing as deputy sheriff, or whether he
only embezzled or converted to his
own use the sum of $4189.0, because
he Is Just as guilty by embezzling that
amount of money as he would be If
you find he converted $4200 to his
own use. But his claim of $10.94
demonstrates the absolute correct
ness of the expert's report. Now.
that matter being established and
considered by both sides to be estab
lished, shows the amount of money
that the sheriff had at that time or
should have to pay the treasurer.
Who had that money? If he did not
who did get It? Was he the man that
had It? Is he the man that has It
now?"
Davis Tacitly Admitted Crime,
After going over the records and
receipts for the year 1904, Mr. Mc
Court continued: "Now, Gentlemen of
the Jury, who had that'money? The
counsel when they got up here . to
open this case said 'that we do not
claim that T. D. Taylor got any
money of Umatilla county, or William
Blakley; we claim there is no short
age. We will show that this report
Is full of mistakes,' and they did not
show anything. And do you suppose,
gentlemen of the Jury, that T. D. Tay
lor would put his name upon the In-
(Contlnued on page 6.)
HlESINClnDn
FOR LONDON POOR
BARON ROTHSCHILD'S AGENT (
IN PENDLETON TODAY.
G. Iliirltolt. Who Represents the
Rich English lord, Will Conduct
Colonies of Poor to CniiHdimi Wheal
Ijinds families Will Ite Furnished
With loo Trnnsiiortatloii nnd Suf
ficient Means to Raise One Cmi
Will Pay Hack the Ixniii on Install
ments. An outlet for the hordes of poverty
stricken classes of England has been
discovered by Bnron Rothschild, of
London, who will send at least 200
families from the slums of the English
capltnl to Canadian wheat lands in
the northwest provinces.
F. O. Harbolt, formerly of Winni
peg. Manitoba, but now an agent for
Rothschild, passed through Pendleton
today on O. R. & N. train No. 1, en
route to Portland, from where he
goes to Victoria, where he will make
arrangements to settle a number of
families on Canadian wheat land this
spring.
The families will be furnished with
transportation, and sufficient means
with which to rnlse one crop ufter
which they will be expected to repny
the funds loaned them by Rothschild,
In small annual payments.
An unlimited number of poor fami
lies may be located In this way and
Mr. Harbolt believes it will eventually
settle the question of London's poor.
Similar policies will be Inaugurat
ed by Rothschild nnd other rich Eng
lishmen In South Africa, Australia and
South America, If arrangements can
he made with the different govern
ments to permit such colonization.
While It Is admittedly a system of
peonage, or contract labor, yet It Is
said to be one of the most practical
schemes for the relief of the grent
hordes of English poor, ever Inaugur
ated. None but deserving, thrifty families
will be selected for these colonies,
and thus a first-class, energetic, coun
try population will be built up from
the Idle hordes that are today living
from hand to mouth in the crowderi
centers of the British Isles.
Mr. Harbolt will go east by way of
the Canadian Pacific to organize' and
conduct his first colony, some time In
March, expecting to arrive In Canada
in time to plant crops this year.
DEADLOCK
A 0 IT
Joint Conference of Operators
and Coal Miners Failed to
Come to an Agreement.
SESSION CLOSED WITH
DRAMATIC ARGUMENTS.
Apparently Nothing Can Now Take
Place to Prevent the Greatest Scrim
of Strikes anil Lockouts In the Ills- j
tory of America Both Sides Closed
liy Reiterating Their Demands and
Saying That They Had Done Every
thing That Could Be Done to Reach
un Agreement All That Is Left Is
to (Jo Home and Meet the lnevlta-j
hle Adjourned Unanimously and
SI no Die.
Indianapolis, Feb. 1. The Joint
conference of the miners and oper
ators today entered upon the stormiest
session of its existence. Two hours
of dramatic discussion took place dur
ing the morning, In which Floor Lead
er Robblns championed the operators,
and Mitchell, for the miners, took
part. i
Robblns mild the operators had
done all they could, in their offer to I
renew the present scale, or to base a
settlement on the selling price of now
and two years ago. He declared no
trust can be compared with that of
the miners.
Mitchell replied, saying: "It seems
now there Is nothing left for us to '
do but go home and do the best we
can to overcome the Insurmountable
obstacles." i
The interstate movement between
the operators and miners was then
unanimously voted dissolved, and the
coovention adjourned sine die. j
FIGHT OVER INVENTORY'. j
Detail in the Struggle Against the
Separation 1st.
Rome, Feh. 2. The pope has tele
graphed to the French episcopate ad
vising the Catholics of that country
to submit to the taking of inventories
by the government of church prop-.;
erty. It is ruomerd that action Is due
to hints from the government. j
Did Not Follow Poic's Advice.
Paris, Feb. 2. The authorities
forced their way Into the church of
St. Pierre this afternoon to take an
Inventory of the valuables. Members
of the congregation resisted bitterly. .
Hand to hand fighting took place.
Many were arrested for rioting out
side the church. The troops repeat
edly charged the crowds, and the fire
hose was turned on the mob.
A defender of the church fired a
revolver. Firemen broke into the
church, destroyed the windows. A
number were hurt by flying glass.
Qneon Attends Funeral.
London, Feb. 2. The queen left
this morning to attend King Chris
tian's funeral at Copenhagen.
Ground Hog's Day.
According to tho dignified traditions
of the American, today, February 2, Is
"ground hog day." Today the
grr.und hog Is supposed to awaken
from the sleep of the winter nnd come
to the daylight to prognosticate the
weather. It is said if he sees his
shadow today that he will go back
and remain In hibernation for six
weeks, while if It Is so cloudy that he
cannot see his shadow the winter is
broken and he will remain out. As
this forenoon was partly clear It Is
evident that he saw his shadow and
will therefore seclude himself from
mortal view for the traditional six
weeks.
Itought oodimiii Cigar Store.
John E. Ream, the well known
bookkeeper of this city, has purchas
ed the Goodman cigar store on Main
street nnd will herenfter conduct the
same. Mr. Beam Is an experienced
cigar man nnd will enter to the trade
of the city In every way. Mr. Good
man expects to return to Willamette
valley to reside.
TO
Til
Two and possibly three hours will be
clipped off the Union Pacific, Short
Line and O, R. & N. time cards, in
order to meet the sharp competition
of other Unci crossing the continent
to the Pacific coast.
A new card is now being considered
by O. R. & N. officials and If present
run org materialize Into facts, No. 1,
the westbound morning train which
pannes here now at 8:60, will probably
reach here at 7 o'clock or even earlier.
Under the present schedule of this
train there Is a delay of two hours
at Green River, Wyo., which it is
T
IS
FAVORABLE
Senate Backers of Roosevelt
Assure Him That the Rate
Bill is Making Progress.
SENATE WILL VOTE OX HATE
MEASURES FEBRUARY 10.
On Tluit Date All the Favorable and
1 Dilatory and Antagonistic Measures
Will Go to Test Votes and Settle the
Fate of Railroad Rate legislation
for This Senslon Government Is
Favorable to a $21,000,000 Recla
mation Project lu California," Con
ditioned Upon Limited Ownership
If Preliminaries Are Arranged,
Work to Reclaim 120,000 Acres Will
Begin Within a Year.
Washington, Feb. 2. Senators Dol
llver and Clapp, chiefs of the admin
istration railroad rate regulators of
the upper house, called at the White
Huuse and were admitted to see the
president, although the cabinet was In
session. It Is supposed they Informed
the president that favorable progress
Is being made in the senate by the ad
ministration's rate policy.
Senate Will Vote February 16.
Washington, Feb. 2. The senate
committee on Interstate commerce
has named February 16 as the date
to vote on all pending railroad bills.
Great Reclamation Project.
Sacramento, Feb. 2. Frederick
Newell, head of the federal reclama
tion service. In an Interview soys the
government Is very favorable to a
$24,000,000 appropriation to reclaim
120,000 acres in the Sacramento val
ley. If the large land owners agree
to cut up their holdings into tracts of
not more than 160 acres each, actual
work by the government mny be com
menced within a year.
Hanged for Wife Murder.
Washington, Feb. 2. William Ham
ilton, a negro murderer of his wife,
was hanged this morning.
POULTRY PRODUCE FAILURE.
Open Winter Ruined Cold Storage
Department.
Seymour. Ind., Feb. 2. F. H. Hnd-
ley & Co., poultry and produce deal
ers, has failed for $100,000. The
open winter made fresh eggs plentiful
causing a loss of $50,000 in cold stor
age stocks.
GRINDING MILL EXPLODED.
Powder Mill Accident Kills One and
Injures Several.
Wilmington, Del., Feb. 2. The
grinding mill In the Dupnnt Powder
works exploded this morning, killing
Henry Buchanan and Injuring several
others.
CHICAGO WHEAT MARKET.
Quotations From the Greatest Wheat
Center In the World.
Chicago. Feb. 2. Wheat colsed at
84 5-8; corn at 44 6-8, nnd oats at
30 5-8.
Iord Lister Dead.
York. Feb. 2. Lord Cunliffe Lis
ter, the Inventor, Is dead. He was
born In 1 S 1 5.
Frank Wall Dangerously III.
This morning Charles nnd George
Wall left for Almota, Wnsh., in re
sponse to Information wired them last
evening that their brother, Frank
Wall, is In a bad condition at that
place. Frank Wall, It will be remem
bered. Is the man who mysteriously
disappeared from Havana station last
summer nnd who wns not heard of for
some time, during which the brothers
feared for bis safety.
Charles Jerome Reed wns forma'ly
Installed ns United States mnrshnl
for the district of Oregon and receiv
ed his commission from District Judge
Wolverton on February 1,
OF 0. & N.
hoped to obviate, thus placing the
train in Portland two hours earlier,
without Increasing tho present speed
schedules of the train.
All the transcontinental roads hnve
shortened the time across the conti
nent In order to make quicker connec
tions for Oriental steamers nnd the
Harrlmnn lines, while they hnve al
ready shortened their schedules very
much in the past six months, will
make this important chnnge in the
time of No. 1, it is thought, to offer
still greater Inducements for Oriental
mull shipments and passengers over
this line.
OUTLOOK
T
STATE LAND BUSINESS.
Collections by State Land Department
on Sulc and Loans During Janu
ary.
Salem, Feb. 2. Following is a
memorandum of moneys paid over
to the state treasurer during the
month of January on account of col
lections In the various Interest-bearing
school funds, by George G. Brown,
clerk of the land board:
Common school fund princi
pal payments on certifi
cates and cash sales $62,594.00
Common school fund princi
pal payments on sales of
lands acquired by deed or
foreclosure 3,160.00
Common school fund princi
pal sales of tide land.... 39.60
Common school fund Inter
est, payments on certifi
cate 6.283.11
Common school fund Inter
est, rents and payments
on sales of land acquired
by deed or foreclosure... 1,492.62
Agricultural college fund
principal, payments on
certificates and cash sales 170.00
Agricultural college fund,
Interest, payments on cer
tificates , 17.43
Agricultural college fund,
Interest, rents and pay
ments on sales of lands
acquired by deed or fore
closure 210.00
Swamp land fund 212.00
Total $74,138.79
LARGE DELEGATION.
Cliarges of Vagrancy, Drunkenness
and Fighting.
Another large sized delegation
greeted Judge Fltz Gerald in police
court this morning. Robert Bevert
was fined $10 for assault and battery:
Joe Walker and Julius Dunne were
each given three days for vagrancy:
Charley Shaplesh and William Morri
son were each given the usual sen
tences for drunkenness, while $5 bail
was forfeited by George Hamatsi, a
Jap, for having struck a fellow coun
tryman, Tom Shyoski, while the two
were In the noodle Joint on Alta street
last night
Mlzncr Moxed Into Yerken Mansion.
New York, Feb. 2. Mr. Mizner ar
rived at the Yerkes mansion at noon
In an electric cab, accompanied by a
vnlet, two suit cases and a hatbox.
"Moving in?" queried the newspaper
men. "Yes; this Is my home now.
Mizner said he had nothing to say
now, and walked Into the house with
an air of possession.
BE
A
GRAND RONDE MAN UNDER
ARREST AT SAN FRANCISCO.
Charged Willi Having Married a
Union County Girl While He Hud
a Wire In California, Whom He
Went to See lately This Is the
First Cluirge of Polygamy Ever
Brought Against a Union County
Mormon Was Wedded to the Sec
ond Wife Less 'limn Two Months
Ago Second Mnrrlnge Took Plnce
at Salt Lake.
Although Grand Ronde valley has
been the chief settlement of the Mor
mons in Oregon for the past six years,
the first public knowledge of polyga
mous practices In this state was
brought to light at La Grande yester
day, when a message was received to
the effect that Cecil Plant, a young
Mormon of that city, had been ar
rested In San Francisco on a charge
of polygamy.
In December, 1905, less than two
months ago, Miss Mary May, a daugh
ter of a prominent Frultvale orchard-
Ist, living a mile north of La Grande,
went to Salt Lake City to wed Plant,
who had been a resident of Union
county for some time, but who form
erly came from Davis, Utah.
Plnnt nnd his bride lived together-
but a few weeks, when he left for San
Francisco, on business. After his
mnrrlnge to Miss May. It became
known that he already had one wife
in California and this mnrrlnge to tho
Union county girl was therefore In
violation of the law, although it had
been sanctioned by the church. A
warrant was at once issued for his
arrest and word was received In La
Grande last evening that he was In
custody In Snn Francisco. He will be
taken to Davis, Utah, for trial.
This Is the flrct sharge of polygamy
ever made against a Union county
Mormon.
Leg Broken at Echo.
Echo, Feb. 2. (Special.) A. B.
McCarty, a prominent wheat grower,
who resides a few miles enst of Echo,
hnd a leg broken yesterday In trying
to stop a four-horse team. He ran
In front of the team, and In some way
was struck by a chain, and has a bad
break nt the knee. The physicians
do not consider his condition serious,
however.
110
1
POTGAMST
LINEMAN
SAW THE BREAKUP
Saw Valencia Survivors Over
whelmed and Was Power
less to Give Assistance.
THE OLD MAN PATROLED
BEACH FOR EIGHT DAYS.
Went Hungry and Cold and Suffered
to the Point of Delirium In His Ef
fort at Rescue and to Minister ta
the Dead Only a Broken Mast Is
Now to Be Seen Where the Valencia
Went In Pieces Old Man and In
dian Companions Did Not Lemvo
the Scene Until a. Tug Came and
They Left Upon it Weather hi
Now More Favorable for Searcher
and Rewcuers.
Victoria, Feb. 2. Dispatches this
morning from the tug Lome, which
Is now searching the west coast for
bodies of Valencia victims, gave the
first account of the heroic action ot
Lineman Logan of Clo Oose, the only
man who reached the scene of the
wreck before the break-up, which
took place before his eyes without his '
being able to render assistance.
For eight days the old man, with a .
few Indians to assist him, has been
patrollng the beach, partaking or
rude fare when obtainable and going
hungry when not, in order to perform
his self-imposed office of mercy for
the dead.
January 81 the tug Lome attempt
ed to land four Indians at Pachens,
bay, but the surf damaged the boat
so badly the attempt was abandoned.
The nthe Lorno sailed direct to the
wreck and got within half a mile of
a piece of mast which was sticking;
through the waves and marked where
the wreck lay. While considering
landing In a big surf a light canoe pot
off from the shore with three occu
pants. The canoe threatened being;
swamped every moment, buj flnalby
reached the Lome. It proved to be
Logan and two Nltnat Indians. Lo
gan was barefooted and well nigh ex
hausted and was also suffering men
tally from the hardships experienced.
Logan said: "I could do nothing
for the poor creatures, and they were
swept away before my eyes." He aa
afterwards taken ashore. The Lome
returned to the scene yesterday In sn
attempt to secure more bodies. The
weather Is reported favorable.
Returning With Seven Bodlf.
Victoria, Feb. 2. The tug Lome
left Bamfleld this morning with the
bodies of F. Erickson, J. D. Graham
and two unidentified victims. At 11
she took on three more at the scene
of the wreck. One Is supposed to be
Miss Van Wyck of San Francisco.
The Lome Is now on her way to Vic
toria. PONIES FOR CALIFORNIA.
J. W. Shipley Makes His Fifth Ship
ment of Umatilla Indian Ponies to
Sanin Barbara.
For the fifth time In the past year
J. W. Shipley hns returned to Pen
dleton to ship out a number of Uma
tilla Indian ponies for the Sunnyside
Shetland farm at Santa Barbara, CaL
About a year ago Mr. Shipley made
his first visit to this city and was so
forcibly Impressed with the spotted
ponies seen on the Umatilla reser
vation that he sent a trial shipment of
30 head to his farm for the purpose
of crossing them with Shetland stal
lions nnd also to train for use In single
and tandem teams and for polo ponies
In the pleasure resorts of southern
California.
The ponies proved to be so admira
bly adapted to these uses that he has
sent out over 100 head and Is now
In the city for the purpose of buying
a shipment ot 30 or 35 more
Spotted ponies, and those having
special combinations of odd colors,
are especially desired by Mr. Shtpte.
and he has already succeeded In find
ing a number suitable to his uses.
WESLEY II. MILLER DEAD.
Son of Well Known Pendleton Grocer
Dies From Consumption.
Wesley Hamilton Miller, who has
been associated with his father. M.
Miller, in the grocery business In this
city for a number of years, died at
his home at 70S Willow street this
forenoon with consumption, with
which disease he had been suffering
for the past year.
He was 31 years, 9 months and
days old nt the time of his death and
leaves n wife, but no children. Ar
rangements have not yet been made
of rthc funeral. The Rader under
taking parlors huve charge.
It Is said that 1300 civilians and
mutinous soldiers in Siberia were
drowned In Lake Baikal by being pi
through holes In the Ice as a measure
of "pacification" of that province.