East Oregonian : E.O. (Pendleton, OR) 1888-current, February 02, 1906, DAILY EVENING EDITION, Image 5

East Oregonian : E.O., February 02, 1906, DAILY EVENING EDITION, Page PAGE FIVE, Image 5

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Newspaper Page TextEIGHT PAGES. DAILY EAST ORE GONIAN, PENDLETON, OREGON, FRIDAY, FEBRUARY 3, 06. PAGE wmu J I ONLY -3- MORE DAYS j j OF THE I Forced Sale I Take advantage of this j I grert opportunity to practice j economy. ! Teutsch's Dept. Store j CITY BREVITIES For Rent Couple milts housekeep ing roomB; 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. Rates $1 per day and up ward. European plan. Free 'bus. For Sale Furniture In 9-room rooming house and building for rent Inquire of V. Stroeble, Court street I am prepared to do plowing, and have outilts capable of handling from one-quarter to three-quarter sections. W. F. Bushner, Freewater, Ore. Projectors of the Spokane & In land (electric) promise that 1000 men will bo put to work within a month, working out from Colfax In both di rections. Wanted Three tinners; men who have worked at galvanized cornice work preferred. Oood. positions to right men. AddreRs Lanney & Klg glns, Vancouver, Wash, Two armed men entered a "loan bank" on Clark street, Chicago, eom pellod the clerks to He on the floor behind the counter, and succeeded In muklng off with I1T00 worth of Jew elry, A man who once had rough, horny hands, made them soft and smooth with Witch Hazel Salve, but he used the genuine thnt bearing the name "E. C. Di'WItt & Co., Chlcugo." For sores, bolls, cuts, burns, bruises, etc., It hus no equul. and affords almost Immedlatu relief from blbid, bleed ing. Itching and protruding piles. Sold by Tallman & Co. Cnndldiitc for Norretnry of Stale. Lot L. Pierce of Sulem, arrived this morning In the Interest of his candi dacy for the republican nomination for secretary of state. Mr. Pierce Is a nephew of postniuster Lot Llvermore, and has been visiting with him while In the city. flood morning. Did you sleep on B. M. O. E.7 Feeling fine. Slept on B. M. O. E. 157,838,040 times every year. The various wheels revolve 4,730, 540 times enrh year. Yet we find watches tfiat are al lowed to run 6 to 10 years without being cleaned or even oiled. If you own a good watch threat It as you would any other fine machinery. We do all our repairing promptlv and to the satisfaction of our custom ers. L. HUNZIKER JEWELER AND OPTICIAN. 1 Watch f Ticks PINE NUT CREAM Brisk buying of Pine Nut Cream proves its goodness in curing rough hands and chapped faces . Pine Nut Cream is not sticky nor greasy. . It is quickly absorbed and can be used at any time. 25 cents a bottle. Koeppens' Popular Price Drug Store A. C. Koeppen & Bro's. INTEREST ON SAVINGS. Commercial National Bank Appor tions Hh Third Annual Interest Pay moot on Saving Deoltg. On February 1 the Commercial N, tlonal bank of this city passed to th credit of Its savings depositors Its third semi-annual Interest payment Interest credited nn thla Ant ho gins to draw Interest Immediately at i per cent per annum. The Commercial National has pro vided another Ideal form of Invest ment for bank deDosltors. In th form of coupon certificates of deposit, pay able every four months at any hank. In another column of today's East oregonlan appears the report made to the comptroller of the currency on January za. The growth of this In stitution as Bhown In Its statement, with deposits of S118.309.3&. mil mini resources of $183,693.34, reflects credit upon the management. The Commercial National was organized June 22, 1904, the following being the present officers: President A. C. Ruby; vice-president, T. G. Halley; cashier, W. L. Thompson, and assist ant cashier, W. S. Badley. Methodist Meetings Continue. The revival meetings being held at the Thompson street M. E. church continue with great Interest. Rev. William lie Weese will preach to night, but tomorrow night there will bo no services. They will be resumed again Sunday and will continue through next week. All are cordially Invited to attend these meetings. CAN'T BE SEPARATED. Some Pendleton People Have Learned How to Get Rid of Both. Backache and kidney ache are twin brothers. You can't separate them. And you can't get rid of the back ache until you cure the kidney ache If the kidneys ar well and strong the rest of the system Is pretty sure to be In vigorous health. Doan's Kidney Pills make strong healthy kidneys. J. W. Van Horn, living at Haley't ranch, six miles from Pendleton, Ore., says: "Reading an advertise ment about Doan's Kidney Pills led me to procure a box at Brock & Mc- Conias Co.'s drug store. Some three years ago I strained my back lifting and ever since then any extra work, lifting, or colds which settled In my back affected the kidneys. I tried a great many different remedies, but obtained little if any benefit from them. The first dose of Doan's Kid ney Pills helped me. I used In all three boxes and they cured me. 1 shall always recommend this remedy to others as I know It can be depend ed upon." For sale by all dealers. Price BO cents. Foster-Bllburn ' company, Buffalo, Now York, sole agents for the United States. Remember the name Doan's and take no other. John Galen's Family liquor store. Court St. opposite Golden Rule hotel. California Prune Wafers. The great tonic cathartic, an Invalu able cure for Malaria, Biliousness Constipation, Nervousness, Catarrh o the Stomach, Bad Breath. Oily Skin Sleeplessness, Wind and all 'Liver Stomach and Bowel trouble. Tallma & Co., 623 Main St., Pendleton, Ore. 100 Wafers 15 Cents. WILL TAKE CASE THIS AFTERN00N (Continued from page 1.) dlctment against the defendant In this case, would come as a witness against this defendant If he wasn't the man who got that moncy7 Who could have got It but C. P. Davis? Do not all the circumstances, all the facts surrounding the case point that way? Didn't he tacitly admit that he did get.lt? . Could he give any reason why he didn't? He couldn't tell you why he didn't, or would not say that any of these things were so. Why didn't he tell you the reason? Because the only reason that he didn't do It was the one that would convict him, and he came here and admitted It to you. Why did he not pay the money over? The reason that he couldn't do It was because he had spent It and didn't have the money to pay It back. That Is the reason he couldn't pay It over. Sherirf a Busy Man. "As you know, the law requires the sheriff shall perform a great many outside duties. He summons Jurors, he summons witnesses, he serves pa pers, he serves election notices and a thousand and one other duties, and takes prisoners to Salem, goes after prisoners, takes care of them In the Jail and docs numerous other things. There was Mr. Funk and Mr. Blak ley and Mr. Fowler a portion of the time, and there was Mr. Davis. Mr. Davis had charge of the cash, he was the head man In the office. Davis" Guilty Conscience. "What did Mr. Davis do when the shortage was reported? Did he go and tell Mr. Taylor? No, he didn't do that On Sundays and holidays he brings Colonel Raley to the office, and he brings Judge Fee, and he buys an oil sheet down town and he comes up here and he makes a copy of T. D. Taylor's tax roll out of last year's tax receipts. But he didn't do that when the other people were In the office. He didn't do that In business hours. He comes In on Sundays. Then he hires five or six of the best attorneys In the city of Pendleton, pays them a retainer fee, tells them a pipe story that there Is a shortage In the sheriffs office. Why did he want II these attorneys? Nobody else hired attorneys and nobody else has attorneys. No, not one. Why did this man do this? Because he was guilty, or because he was Innocent? Why did he find It necessary when there was nothing wrong with his books to hire his counsel here? Had he spoken to Till Taylor yet when he took a copy of this Invoice? Had he spoken to Till Taylor yet when he hired Colonel Raley, Judge Fee, Still- man & Pierce? "No. The evidence Is that he talk ed to Till Taylor on the 9th or 10th of July. On the 1st of July he had all of these attorneys hired. Till Taylor knew nothing about It yet, and he didn't have the nerve to tell him. His guilty conscience was such that he didn't have the manhood or the nerve to tell him that the office was short Why? Because he had violated the trust and confidence his employers had placed In him. He hires lawyers. They don't tell Till Taylor yet, and Colonel Raley comes up here and watches him put the 1119.80 In the safe. Was he afraid that somebody would disbelieve that he put the money In there? At another time he brings Judge Fee along to look around. Maybe he looked at these books a-d looked at these receipts. Then, after that he gets Ben K. Da vis and makes a copy of Till Taylor's administration. Why did the Inno cent mnn have to do all these things? What was he doing It for? Did he want to convict Till Taylor for steal ing the county's money, or did he want to protect himself from a prose cution which was sure to come? 'Then, five or six days after this. his lawyers called Till up and asked him If he knew there was anything wrong In the sheriff's office. What did Till say? 'No, he didn't." Then they broke the news that he was short In the office, and told him that they were C. P. Davis' attorneys. Till Im mediately went to look for him. He found him downtown In Anton Nolte's place of business, and he says: 'Why didn't you tell me this before?' 'Be cause 1 hadn't the heart to tell you." " Facing Davis, he said: "You were afraid to tell him. You knew that you hnd taken It. After you thought you had fortified yourself against go ing to the penitentiary, even then you didn't have the heart to tell him. "Then when Till Taylor went and called him he says the office Is about $3500 short. Till asked him If any thing was wrong with Blakley. Then he comes to the office and snys that the Blakley administration Is about $3000 short. Did ho deny these things? No. When he came on the stand he was afraid to deny It. He couldn't deny It. Till Taylor had placed too much confidence In him, and he didn't have the heart to deny It. Did he dispute Till Taylor's word? The only man's word he had the nerve to dispute was Mr. Funk's, but he wouldn't dispute any other em ployes In the office. That was the condition of affairs when this short nge was found. Everybody knew It but the man who should ave known It. "But, suppose, gentlemen of the Jury, that he could show with any do gree of fnlrness that there wns $200 short, or that Bill Blakley paid thnt to the countv of Umatilla. Thnt has got nothing to do with this case and If Bill Blakley has paid any sum that he should not have paid, then Umatilla county Is honorahlo enough to give Bill Blakley back his money. But as far as the administration of T. D. Taylor Is concerned, the report Is ab solutely correct. The money Is short and It don't make nny difference If Bill Blnkley hns aid In too much, and It don't make this man any less guilty If he stole $4200 of T. D. Tay- liTe 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. 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 lor's administration and never stole a who Is a thief and who robbed his ' might enter, still they took no pre dollar of William Blakley's. former employer. cautions. The evidence shows that "Then they got up and told It was "John McCourt wants me to apolo- attorneys took criminals In there to Mr. Funk who stole It. Then the safe , glze to this man. I say, no. I say, ! talk to them and they did not even was left open and the keys were left . Mr. McCourt, that Funk has left a j locK tne safe'' ln It Who was the man who left record behind him and It Ib for hlra "There were tax receipts In the safa the keys there? C. P. Davis. Would I to come and apologize to this Jury and , that were being carried J,here waiting not that mean, designing man If he had suspected there was a shortage In the sheriff's office, would he not have locked that safe up tight? Why did he leave the doors open? Because he knew that the men working In that office were honest men, and he knew that he was perfectly safe In leaving the safe doors open, If he did leave them open. Davis Severely Arraigned. "But he falleS In the trust Imposed upon him He keeps It up until the experts come, and he brings his at torneys up to the office and gets ready to defend himself against the thing that he knows must come. No body else ran after a lawyer. Nobody else got scared but C. P. Davis. He did Just exactly what any guilty man would have done. T. D. Taylor knew nothing about It, nobody else knew anything about It. If he was honest all he had to do was to make an ex planation. Till Taylor Is not a mean man. and If this man Is honest all he had to do was to tell the facts and no man ln the Institution would have. Jumped on him. But if he is guilty and we believe that the evidence shows that he Is, It Is absolutely nec essary ln our minds, that you find him guilty. This man Is even worse than an ordinary embezzler. He vio lated the confidence imposed ln him by these men who employed him, made them pay large sums of money, violated his duty as a father to his young son and, added to that, charges an Innocent man with the wrong that he had done himself; grossly wrongs that man, charges him with what he knows there is no evidence of, and, gentlemen of the Jury, I have no doubt that when you have taken Into con sideration all the evidence that you will bring ln a verdict of guilty against the defendant." Jutliro Fee .for Defense. Following Mr. McCourt's conclusion Judge Fee took the floor and said: "Gentlemen of the Jury: I request your attention for a few minutes to one of the books that I now hold ln my hand. This Is one of the books that have1 been Introduced In evidence and Is acknowledged by Funk to be In his handwriting. "It shows a systematic course of al terations and erasures which has been pursued by Funk there. I say that by this book as kept by Funk, that some time during his employ ment by Platzoeder that he took $1. 200. Look at this book and see the erasures of Funk and turn to page 19 and look at them. Look at page 20. and at page 22, and at page 26 and 35. Look at the balances upon page 4 3 and see where the book Is out of balance $18.10. I say thnt by his testimony when he was upon this witness stand that he was not nn honest man. It will take more thnn the word of John Mc Court to convince me thnt he Is. He has shown by his testimony that when the sums were taken that I have spoken of. he took a trip to that bobs up before him every time thnt ho goes upon the witness stnna and he is afraid Gentlemen of the Jury, here nre ,v, K,,i, .words showing that he never did have $1200 In had $390 In gold as the shows. Mr. l-iaizoeaer uim ....... icsimes urn. he followed him the night before he made the deposit and found the day that when he made up me ueposu . . . Tht ha ns trvlng he was ISO short. That I 'tr y nff to take this money fwmhlra. He you how much gold there was In that "".";.r. ,vnnt to "Why did Mr'1U."r .'; fire this man out of hi ' " " ho was 1H111..11 . . c ...... trusted employe of the sheriff's of - flee. He testifies that Mr. l'latzoeucr Kims,,., citv. When I mentioned this ; " , the Jurv. in vour aauv nnairs who .,,,,, .,.,..,1.1.. affair with Platzoeder when : he was , J maJe up m anhln on the stand his eyes protr, ded out no m;n earth How and he was seized with out the difference between the ,; Th la anmethtmr n this man's past ' . . ... . , ... pri nension. shoved the money nround and slipped 1 dl)P!) bo usually remain around tho a $20 gold piece In, and Mr. McCourt, 1 pace go that he can be caught. I say like nn Innocent school boy. believes no ,u,y (b) something to Indicate the that rot. What reason on earth wns BUnty man. They would have you there for Mr. Platzoeder to go In ' believe that Davis is such a hnnV-neil there and put thnt money In the pile. I criminal that he would go In tho day John McCourt thinks thnt because , e,t and commit these crimes. I say riHiziMMUT 0 ... . "". "i snnum i.m .. m u.-.r,.. ...... he Is a Dutchman that he should not be believed. "These books show conclusively that there Is a man ln the sheriff's office who was there In March, 1002, God In heaven before whom he swore, for the testimony he has given here. Why did he testify that he had $1200 piled up there In 6 stacks of gold? That Is the story he told when he went upon the stand. "Gentlemen of the Jury, that man j .u !...' di attempted to short-change hlm-to take from the till and safe $20. Funk thought that because Platzoe- der was a Dutchman that he didn't know anything. I say to you- that Germans are intelligent people and understand figures. That Mr. Platz- oeder does, I have no doubt "There Is not a man on this Jury, but who If he had had such a trans action would have remembered to his dying day the amount of money he had there. This man knew that h tood open. rtat .h," was being discharged for larceny j)ffrom money. How can Mr. McCourt .collect them. It has not been shown that he was diffident upon the wit-)tnat Daylg eyer ness stand and answered question. , In oted any money on these tar re a flust rated manner? Did you notice j cept8 any apparent nusiraiiuu uu pm. of Mr. Davis? Not a single time. What did Funk do, gentlemen of the Jury? He sat there and couldn't open his mouth. He couldn't explain how It was that this transaction occurred with Mr. Platzoeder. The records can be brought Into this court and It can be shown that he did not tell the trutn- "You can examine that book and find in It balances that belong to Plat- zoeiler A Mlnger, and they haven't ..., . had any experts to examine it. Where ,B'a k' me, "' Is that $2500 that belongs to Platzoe- le ZTZ TZT ntlm,,lat,n ,,, - ,,., me. had out. Are you going to make fliioser. , a SQat of tnIs man and chaTge "What Is the character of this man hm with a!t the cr)mes committed Funk? Was there ever a shortage down lnere ,n tnat ofrtce and ho,d charged to the sheriff's office beforo him responsible? he came In here? Was there ever a ..j don.t 3nt' you to ,et anythlns change In the books until Funk enter-! x Bay about tne evidence influence ed the office? I say no. But two or your mln(1- Tou can remember the three mouths after he entered the of- evidence as good as I can, and It is flee there was an alteration upon the for you to jmlse (rom the evidence, books, and where was this defendant r nave enjoyed the confidences of the at that time? Gentlemen of the Jury, jures of Umatiia county too long to he was in Walla Walla with a sick tny to mislead you. But gentlemen of wife who was about to die. He re- the jurVi lt j can ad or aQvige you malned there till about the time he in nrrvns at a conclusion from the finally returned to Pendleton. He did testimony that is before you, it Is my return at one time and work upon province and it is what I am here to tho books, made such entries as he do- was called upon to make. Gentlemen now, gentlemen of the Jury, they of the Jury, you know how you would huve brought some experts here and act ln a case of that kind. If your tm,y nre onttled to some considera wife was under the knife you would tion, at least they think they are. not be in the mind to give your trans- These experts are as accurate as ex actions the thought that you other- pertg are ordinarily. But I class ex wise would. His mind was distressed pert9 wlth detectives. They pursue and disqualified for the ordinary the same methods, make out the same transactions of life. ' policy and follow It. "Taking that book where the entry "These experts fear that If they was made you will see that his pencil should not succeed in convicting C. P. marks nre Jotted down there for $30.- DaVs they would not get another Job 000. He probably had both of tho 0 msUy. This expert was here to say bonks together and was carrying for- now lhls trlnj should De managed. If ward the balance from the Journal you were watching him you noticed and was writing across the page. He that he was sitting by McCourt and footed up the page and left It and pheips ready to advise them. When the erasure was made sometime after Mr j.he,ps wns objecting to the Plat by some one. zoeder books going ln the pxnert w-his- "Tou have had a number of ex- ! nA.a nrvi nnrt t at 1 fv ttl whfl mil,!, 7: "V ", ' nf ...c ,.,.v.u..v..., - - - g or 1. 1: uais ana me men who made the entry as It exists i here now. They naa young Martman ?'" ;"""' " , V v " Vnnw , " . ' ,'.," "V ,'.... gold, but onlywhoso handwriting that is from your o ii.-noslt slin 1 own knowledge. e. .P" 1 .1'. "if C. P. Davis had ever wanted to ,. bok- he woulll ,,., ,.,, .,,, ,, .,,, never riBure(1 ,,,',, ,,aKe nke tlmt. why enrthi Kt,nomen of the Jury, , wouW ,. nlakt. tiB,es like that? Did .. , ., e wa,)t , bp etPoU.dT That ,. th , most conclude evidence upon earth ,, (Iie ,, wnllteil to fasten the KU"1 UPim ; . ,W ? would they go about to do It? That . somo one else would wish to fasten crime on Hnoiner is n uiu iu uiv 1 Wl,rm. "After one hns committed u crime il ii". "ann-ii i" .-.Mini iiau' nun.- r ...... ...... ...... was there In the safe. I "The members of the office down there know that safe constantly stood open. There wns a side door and two Windows to thnt room, where any one :: I for parties to come- and pay them. I will admit that I at one time Had one I there when the office? was too roshed to take the payment; but I afterwards came and paid It Now they want you to say that thl mam was violat ing the law because he did not turn the money over to the treasurer when I ,th """'J tasurer would not accept ta y. "Any member of the office force coula a anV and get one of the receipts which- were written up and down and collect the money and Put ll' ln' hl Pocket and keep It iiieir.' wnar dooks were ever Kept to show what became of the money, not a one on earth. Why should Mr. Davis be charged when every man had access to that safe. The admission of every one of them Is that the safe "I think there was something wrong with the office down there. Who Is responsible? Nbt this defendant be cause he couldn't turn over money when ""ebody had the receipts In . nls Pockets chasing around with them, j "r snthat Davis gave you the most satisfactory answer on earth why he j didn't comply with the law and turn me money over Saturday night. 'T want to ask how Davis could hnva turno.l Mfmw Ih. mmA., ...... T pere(, ln hla enr and he at once wlth- ........ .. . , ... ... " OD'"""; "e.,s nere wu: nng 10 swear mat ne is an expert g upon the face of the he could possibly make utterly beyond his com- ..He mnkt.s - renort nf tho hook- and exclU(Jes all the abatements and n,batoSi None 0f those shown on the report.' lney come up n"e 8t'ums "e ' a snortuge ami leave you completely ln the durk. f,ow do you know there Is a shortage except from ,)nn fw. wnril. one fellow's word. ..nnm- .., , j .-.V 1, " ml swears positively thnt he did not make the entry ln the Journal of 2i,uimi unit ne is tne only man who testimony of one who a dlWn experts who are oiilv wertnit. If ' thing he told the truth you are tQ beUeye hm notwithstandlny8 that 4 ,d dlfferent gt0,.les. "Now Dr. Sommervllle was here nnd testified that It was Davis' hand writing. Now the doctor Is a good man, but you know as much about those figures as lie does. Somo of those figures he said looked alike are not any more alike in my mind than a Mexican cart wheel Is like a hat rim. 'They have had a lot of fellows bere from the banks. But the rec- p,.ds of this court show that the banks hnve ,d out hu,ired9 of dl,Mars by lM, decelveJ , ,atulwrltln. A dusk Ind,lln mad out nore the (Continued on page 8.)