tffcs N, - j OAILYEVENINGEDITION OAILYEVENINGEDITION Reed the advertisements In the East Oregonlan. They come from the most enterprising citizens. WEATHER FORECAST Fair tonight and Sunday. VOL. 18. PENDLicfON, OHEGON, SATURDAY, FEIMtUABY 3, 1J0( NO. 5582 11 -i m m "m. I M m C.P.DAVIS VERDICT FOUND AFTER 18 WIS Unable to Give BaiH for $7,- 500, Mr. Davis is for the Time Being in lafi. seven nALim wesie TAKEN IX OVn ROOM. Dcft-mlnnt's Attorneys File Exemp tions to the Coiirt"iuhtnictlons mill Give Notice Tlmt Motion tor a New Triul Will lVr Made, Itnvut Vp on the Alleged XiKcimdiict of n .Juror Who Is Said' to Have Public ly Expressed Himself Before and During the Trial History of the Jury Room Is Oixvn, anil Character anil Conditions of Punlshim-nt. In the circuit court In the state of Oregon 'for Umatilla county; the state of Oregon plaintiff, and C. P. Davis, de fendant; Verdict: We, the Jury In the above entitled action, find the defendant guilty an charged In the Information herein, and ire find that the de fendant converted to tils own use and failed to pay over the sum of $1200. E. E. L.VHCE, Foreman. By a Jury of his peers, C. P. Davis, ex-chlef deputy In the sheriff's office, has been found guilty of:rhe crime of larceny of the public funds, and he Is now behind the bum of 'the county Jail, where he was placed Just be fore noon by Sheriff Till Taylor, the prisoner's former friend and em ployer, whose confidence the Jury de clared to have been bnwely betrayed. It was a dramatic climax to the long and Interesting ense when, after Davis failed to secure the $7500 ball named by Judge Ellis, he came down the court house stalm accompanied by the sheriff, and as a prisoner of the county entered the Jail, which but a few months ago had been un der his control. j It wns a hard finish and one which men seldom care to witness. Hut It can be truthfully said that among the group of six or eight -who stood In the office and all of whom knew the case from start to finish, there was probably nut one who felt any sym pathy for the convicted man. Those In the group were nut hard- hen ited men, but because of thing! which occurred during the trial they had become so embittered against the defendant that they coald show no sorrow over his conviction. At the Instance of the prisoner, one of them, though as Innocent as a man can be, had been branded by the defense as being guilty of th? crime which Davis committed. Two other men In the room had paid out about Jtl, "00 because of the pris oner's treachery, and one was left penniless thereby. Consequently It Is not strange that among the little group of deputies and others present there wns no friend of C. P. Du.vig. Verdict at 11:10. Shortly after 11 o'clock this fore noon the bailiffs having charge of the Davis Jury were notified thai a verdict hnd been reached. Judge El lis was at once notified and directed that the defendant and the attorney In the cose be summoned to the court room. This was done, and after all had assembled the court was called to order. "Bring in the Jury, Mr. Bailiff," dl xcrted the Judge. A minute later, as the clock on the lde of the room pointed to 11:16, the Jury filed Into the room lead by E. E. Ln Hue, who carried tho written verdict In his hand. After the roll had been caled by County Clerk Baling, Judge Ellis turned to the 12 men and said: May Yet Get Together. Indianapolis, Ind., Feb. 3. A number of coal operators are still In this city and are author ity for the statement that thero will be no immediate rise In the price of coal. The operators are striving by every possible means to secure favor In the eyes of the public, and have successfully shifted the blame for the disagreement upon the miners. Many believe yet there will be a settlement before Sunday. ISGUILTYOF ElttlBEZZLING $42 "How you arrived at Verdict, gentlemen?" "Wc have," responded trie foreman. The paper was then handed to the court and by him given 'the clerk "Stand up. Mr. Davis," directed Judge Ellis, and the defendant arose and stood with his 'hands upon the table while the verdict was read aloud. "Is that your verflli!t, gentlemen?" asked Judge EIHb of the Jury, and each of the 12 answered in tho affir mative. New Triiil AWoil. Shortly after the verdict hud been received. Judge Fee arose and ad dressing the court stated that he de sired to take exceptions to tome of the Instructions given by the court, and that a, motion for a new trial would be1 filed. This he said would be based upon misconduct on the part of a Juror whom he said It was re ported had pnbllcly expressed his convictions in the case both before and during the trial. Judge Ellis then replied that the defense would have three or four days In which to file their motion. Previous to this ' District Attorney Phelps had announced that some of the defendant's bondsmen had asked to be released, and he asked that a new bond bt ordered. Judge Ellis then placed -the same at $7500 in place of the former bond of $4200. The prisoner was then remanded to the custody of the sheriff. How ever, his attorneys asked for the privilege of consulting with him In me unorneys room, ana tnis was granted. At the conclusion of the In tervlew, which Is presumed to hav been upon "the subject of securing ball, Darts was taken below. From One to Fifteen Year. I'nder the laws of Oregon the pen alty for the crime of larceny of pub lie money Is fixed at Imprisonment in the penitentiary for from one to 15 years, and In addition a fine of twice the amount stolen may be Imposed However, the fine niiy not be fid in In Istered alone. Seven Ballots Taken. Before a verdict was finally reach ea in tne case seven ballots were taken by the Jury. Upon the first one. seven men voted for conviction two were blank, while the remaining three were for ncquittal. L'pon the second ballot the two blanks were given for conviction. On a suhscqnen Danoi one or tne acquittal men changed to guilty, and upon the last vote ane remaining two came over to the side of the majority. The above Is given upon the best authority, ar.d from the same source It was learned that the three men who stood for acquittal were Messrs. Brehm, BUnoltz and C'arglll. or (Continued on page 6.) LOCK CANAL IS ENGINEERS AM. AGItKE EXCEPTING ENDICOTT. flm Lut icr Favors a Sen Level Canal iseport will lie Transmuted to Congress Next Week .Many 'Demo cratic Senators Favor .Making the Sim D ingo 1hiio a Partisan One, to Which Piitlerwm of Colorado Objects, Saying No Treaty Problem Should Re Made a J'nrtJsaii.Issiie. Washington, Feb. 3. The original report of the Panama canal commis sion was put In the hands of Secre tary Taft today, the commissioners' vote In favor of a lock canal wu within one vote of being unanimous Hear Admiral Endlcott was tho only member voting In favor of a sea level canal. The president will transmit the report of the commission to con gress next week. Patterson Would Not Agree. Washington, Feb. 3. A democratic caucus of senators was called this morning to consider the action of the party In the mntter of the San Do mingo treaty. Some declare the pres ident's foreign policy is assuming such Importance It must become a subject of partisan discussion. Patterson re Jected this, declaring that while the country Is Involved In any treaty con vention with a foreign nation every senator should be left free to follow tho dictates of his own Judgment when It enmo to a question concern ing the ratification of such treaty. Caucus Against Treaty. The. democratic caucus by a two- thirds vote this afternoon adopted a resolution binding tho democratic senators to vote against the San Do mingo treaty. The next session of the federal court at Walla Walla hsji been post poned from February 8 to February 19. RECOMMENDED IS ROOSEVELT INCRln? Question of Who, How and Why Immunity Was Prom ised in a -New Phase. PROTRACTED DERATE OVER LYMAN TOVIDENCE. Lyniun is RrcKident of a Glue Com pany and Ills Presence on the Wit ness Stand Is Objected u by United Stale District Attorney Morrison Interstate Conference on Insurance Problems Listens to an Address by tJovernor Beckham of Kentucky, aiMl Engages In General Debate About Existing Evils Committee Appointed to InKo Uniform Log. fetation. Chicago, Feb. 3. Jesse Lyman, president of a glue company, testified that Commissioned Garfield came to him and said he was fresh from a conference with .the president, and declared the president did not want made public anything the packers did not want made public. Morrison Doesn't Want Lymna. tnicag. teo, a. Jesse L'mai wast i-l , calH-WMJte. iUl u u-A-.M:.rCJ,r, lo,,"K Reprimanded testify. District Attorney Morrison objected and the whole session was taken up In discussing of the admis sion of Lyman's testimony. Smwh by Governor Beckham. Chicago, Feb. 3. The conference of state officials In the Insurance con ference were In session this morning and listened to a speech by Governor Beckham of Kentucky. A committee of 15 was appointed to propose uniform legislation. This af ternoon the delegates discussed vari ous phases of Insurance evils. They seek a remedy. Attorney General Moody arrived In Chicago today for a conference with Morrison, presumably in the packers' case. Chler Wllkle, of the secret service, arrived at the same time. Morrison says they did not come to gether and declares Wllkle did not ome to see him. There are rumors of Important developments. Three Burned to Death. Prentice, Wis., Feb. 3. The explo sion of a lamp at the home of Grant Stewart, n laborer, this morning, de stroyed the home, burned Stewart to death, a S-yenr-nld girl and a weak- old Infant. WILL The following address to the demo crats of Umatilla county wns Issued by the county central committee this afternoon: To All Democrats In TJmntllla County: This county central committee hits managed the campaign of 1904; has maintained the party organization and ntegrlty; hns completed the work as signed to It, and Is now ready to re port hack to the entire democratic party In the county. A decent regard for the rights of all democrats In this county who are not members of this committee com pels us to return our powers to them at an early date, so as to ennhle them to prepare for the next general election, formulate and publish a dec laration of principles, provide for the needs of the various parts of the coun ty, and generally exercise the right of Initiative that properly belongs to he whole people. To continue our own control of the party in this county beyond this time would be a treasonable usurpation, without shadow of right or warrant of Inw, of rights that belong to the whole body of democrats In this county. We believe that the primary elec tion law now in effect is a wise meas ure and should be given a' full and fair trial, and In order that It may be given such a trlnl the powers now held end exercised by the central committee should be returned to the people before the primary election, and not be retained by the central committee until after they have con trolled the primaries and Indirectly, though none the less surely, made the nominations. For these and other reasons, we find It necessary to call together an assembly of democrats, such as that which gave us power. We believe that such an assembly should be as DEMOCRATS DEBATING THE HEPBURN BILL House of Representatives is 1 Still Struggling With Rail road Rate Problems. WILL INVESTIGATE SOME CALIFORNIA PROBLEMS. I-nnd Exchanges In the San Francisco Mountain Reserve Are Subject to Inquiry Fulled States District At torney at Seattle Ordered to Inves tigate the Valencia Disaster Young Communilcr of the Bennington, is Reprimanded by Secretary Bona parte Tho Transport Meade Will Sail February 10 lire Left 4000 Homeless at City of Panama. Washington, D. C, Feb. 3. The debate on the Hepburn railroad rate bill continued In the house today. House Wants a Land Roort. In the house a resolution was adopted calling upon Hitchcock to send to the house a full report of all lnd exchanges made In the San Pianclsco mountain reserve. wasnington, Feb. o. A letter of reprimand was sent to Young, com mander of the Bennington, by Secre tary Bonaparte, and is published. The letter says: "Laxity in the observance of regulations is inexcusable, espec clally in the case of an officer with such a brilliant record for gallantry and efficiency, who Is regarded by the young members of the service types for their own guidance." Will Investigate Valencia Wreck. Washington, Feb. 3. The depart ment of Justice has ordered the dis trict attorney at Seattle to assist the Inspectors In the investigation of the wreck of the Valencia. Washington. Feb. 3. Upon the recommendation of General Funston commanding the department of Cali fornia, the quartermaster general has postponed the dote of sailing of the transport Meade until February in, so the officers' baggage can be dried out. Four Thousand Homeless. Washington. Feb. 3. It Is an nnuneed the fire at Panama caused sjno.ooo damages and rendered 4000 homeless. Including 25 Americans. MEET FEBRUARY 17. large as possible and Include repre sentatives from every part of the county. We therefore call an assembly of uie aemocrats of Lmatllla county, to assemble in Pendleton, nt the hour of i o clock In the forenoon of Satur- any, reorunry 17, 1900, and there and then receive the report of this committee, consider of public business and the needs of the various sections or the county, the welfare of the dem ocratic party, and transact any and an otner business that it may deem expedient. That every elector In Umatilla county who has registered as a dem ocrat shall be a member of the con vention ns a representative of the pre- einei wnere ne resides; that the cre dentials shall be a certificate from the county clerk, or any other show ing satisfactory to the convention, that the representative has registered as a democratic elector. That the vote shall be by nreclncts. and that representatives actually pre sent from each precinct shall cast the vote of the precinct, which the vote cast for supreme Judge In that pre cinct at the last general election. mat the several precincts shall have votes In said convention as fol lows: . Adams 43, Alba 26. North Athena 108, South Athena 37, Bingham s. Cottonwood 18, Echo 71, Encamp ment 26, Fcmdale , Falrvlew , Fulton 24, Gllllland 11, Helix 26. Hogue 11, Holdman 18, Juniper 19, North Milton 76, South Mlltni 6b Mountain 25, McKay 38. Pendleton 2, North Pendleton 107. South Pen dleton 66. East Pendleton 86, Pilot Rock 44, Prospect 10, North Reserva tion 46, South Reservation , River side , Ruddock 2, Uklah 86, Uma tilla 10, Union 20, Valley 67, Vansy- G cle 4, Vinson 5, Weston 60, East Wes ton 63. Willow Springs 10, Yoakum ?. Total 1348. A. D. 8TILLMAN, Chairman. A. 8. PEARSON, Secretary. RIGID INVESTIGATION. Every ErfoH to Ijocalc ResKinslbil Ity for the Wreck. Seattle, Feb. 3. There Is no session of the Investigation today, waiting for witnesses from Victoria. United States Attorney Frye states that after the sessions are ended he will com pel several Important witnesses to re testify. He says the Investigation will be made rigid and the guilt plac ed where It belongs. BURLINGTON CONTRACT. Will Build 2;5 Miles Between Billings and Great Fulls. Salt Lake, Feb. 3. It Is announced the Burlington's first contract for the extension from Billings to Great Falls, Mont., a distance of 235 miles, has been let to Guthrie & Co., of St. Paul. The road will tap extensive coal fields. CHICAGO WHEAT MARKET. Quotations From the Greatest Wheat Center In the World. Chicago, Feb. 3. Wheat closed to day at 84 1-2; corn at 44 7-8, and oats at 30 7-8. INVENTED NEW SICKLE. Peurl E. Fletcher, of Ridge, Secures a Putent on Ills Invention. Pearl E. Fletcher, of Ridge, In the southern part of this county, has Just received a patent on an improved grass and grain sickle Invented by him. K. J. Warner, of this city, is named as owner of a half Interest in the invention, which promises to be use ful and practical. The printed description of the In vention ns given In the patent is as follows: "This Invention relates to Improve ments In sickle mechanism designed to be used in connection with a har vester, reaper or binder, the object being to provide n sickle mechanism that will be of comparatively light draft, thus requiring but little power to run It and further to employ a very thin sickle blade that may be readily sharpened with an emery wheel without removing the blade from the machine." Judge S. A. Lowell prepared the application for patent and with Miss Mable Whitman Is named as witness to the application. T y BE CUT UP NOW CONSISTS OF 3000 ACRES EXCELLENT LAND. mm it .n ne I'm i pou the Market This season In Small TraetH All is Highly Adapted to Intensified Culture of Every Pro duct t.rimn lit the Northwest Is Divided ltctuccit Suit Grass Bottom and Sandy Loiiiii Mr. Hunt's Ex ample n Valuable One for Large Holders to Emulate. It Is said thnt the Immense holdings of O. W. Hunt at Foster, and on the Umatilla meadows, will be cut up Into small tracts and placed unon the market this season. The Hunt farm Is one of the largest In that portion of Umatilla county and consists of about 3000 acres, all of which Is highly adapted to all the various fruit, grain and fornge crops wnien grow in that part of the coun ty, under Irrigation. small portion of the land is salt grass bottom, and the remainder Is sandy loam, which with winter Irriga tion alone will produce from six to eight tons of alfalfa per year. The tendency to cut up the large farms In thnt portion of the county, which Is being highly encouraged by no systems of irrigation now under way there, Is becoming more and more noticeable and It Is thought thnt others owning large tracts of wild land will follow the example of Mr. Hunt, In the near future. "A Noble Outcast." A theatrical company made up of Pendleton people will present "A No ble Outcast" at the Frazer theater to morrow night. The piny Is a spright ly melo-drama and Is filled with dra matic situations. The company which will present it Is as follows: C. A. Warllngton, Clyde E. Gray. Lewis Plquette, C. Roy LeGrand, Miss Nina Maple, Miss Efflo Miller and Miss Pearl Brandon. i DUN HOLDINGS 5 E Walters Will Spend Over $16,000 on Additions and Improvements, WILL RAISE IT FROM 100 TO 500 BARBELS PER DAY. Scheme Made Necessary by Vast In crease In Orders, the Present Plant Being Entirely Insufficient to Meet the Continuous Demands Upon Itr Huh Water Power Enough' Now to Run a SOO-Itarrel Mill Nine Months of the Yeai- New Turbines Will Also Re Installed Tho Enlarged Plant ExjMWted to Grind 1,000,000 Bushels of Wheat Every Year. By the first of June, If a contract made yesterday afternoon Is complet ed by that time, the Walters flourins; mill will be equipped with an entire new set of machinery, which will In crease the capacity of the mill five times over and make It one of the best mills in the northwest. Between $1 -000 and $17,000 will be spent In mak ing the Improvement, and the force of employes will be trebled. In speaking to the East Oregonlan this morning Mr. Walters said that he has been compelled to Increase the capacity of his mill in order to fill the orders that are coming In. At present the capacity of the mill Is but 100 barrels per day. and when the new machinery Is installed the mill will have a capacity of son Kqi. dally. . , The power from the present mill race will be sufficient to operate the mill at Its full capacity during nine months of the year. But during the three low water months It will be nec essary to run at a reduced capacity. Along with the new milling machinery to be installed, new turbines will also be placed. At present Mr. Walters does not plan any changes in his present build ings, and the new machinery will be placed In the present structure. According to Mr. Walters most of his flour goes to the Portland market and to Idaho. Within the past few years the demand from both those places has greatly Increased. Of the flour sent to Portland, much of It Is subsequently shipped to the orient. When the new machinery Is Install ed In the Walters mill the capacity will be such that nearly a million bushels of wheat will be made Into flour annually. The contract for the new machin ery was let to the DeWolf company of Pennsylvania, the deal being made by J. s. Allender, representative of the company who has been here for several days. WHITMAN TEAM WON. Basket Rail Game Resulted In Score or 14 to 8. Last night the Pendleton high school basket ball team went down before the superior strength and team work of the Whitman players. At the close of the game the score stood 14 to 8 In favor of the visitors, and all of the eight points for the home team were made by throwing fouls, no field goal being scored during the game. The game was called In the hle-h school nssembly room at 8:30 witn Coach Smith, of Whitman and Glenn uuoaman. of this c tv. ns official.. Killed an Enormous Engle, W. P. Rucker, who reside, n... miles west of the city on the Uma tilla river, killed an enormous hu eagle yesterday evening, which meas ured over seven feet from tip to tin. Executive Hoard In Sedon Indianapolis, Feb. 3. The natinn.,i executive board of the mlneworkers. Is In secret session today. Tremendous System of Graft. Chicago. Feb. 3. The Cook county grand Jury today re- turned 25 Indictments against John A. Linn, former clerk of the superior court, on charges oi emoezziement, forgery and concealing the public records. Among the specific charges are that he sequestered $50,000 county funds with Intent to de fraud. It Is expected that Linn's trial will uncover a huge sys tem of grafting In this city. I If IIMCREAS Mill CAPACTY 4 44