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