'toMfclUlMMw-1r'aw, """ - "
1'
OAILY EVEN WG ED IT10H
WEATHER FORECAST.
Fair this afternoon, tonight and
Friday.
Every day Is a good day (or East
Oregontan advertisers. Crisp, new,
clean and attractive ads every day.
Don't fall to read them.
VOL. 19.
PENDLETON, OREGON, THURSDAY, NOVEMBER 22, 190(5.
NO. 5830
i QAILY EVENING EDITION I
DEFENDANTS ARE
ALL DISCHARGED
In Accordance With a Motion
to Dismiss Because of In
sufficient Evidence.
RECORDER FITJS GERALD
EXPRESSED HIS REGRETS.
Sir. Sillier Arraigned on a Second
Charge, Similar to the Fir, Plead
ed Guilty and Was Fined IO(l
Below I Given III Full Recorder
Fit. Gcrald'H Opinion, Refining the
Law anil the Limitations of the Ft
Idencc and Reasons for the "Scotch
Verdict."
"Oullty but not proven," was the
substance of the declBion given by
Judge . FUz Gerald this afternoon I
the gambling eases tried In his court
yesterday afternoon. Regret was ex
pressed by the recorder that his ac
tion could not be otherwise.
At 2 o'clock this afternoon the re
corder's court room was well filled by
these Interested In the decision to be
given. At the conclusion of the (rial
of Sam Miller yesterday afternoon th
defense had moved to dismiss the case
on the Kroum. of Insufficient evidence
The motion was t.iken under advise
ment by Judge Fltz Gerald, and this
afternoon he gave the decision which
Is given In full below.
Miller Aguln Arrested.
Immediately after Judge Fltz Ger
ald hid finished City Attorney Sic
Court stated he had another complaint
against Mr. Miller, and presented the
same. He said he wished to dismiss
.- the eases against Hendley, Matlock
and Itocseh for tlu reason that he
wivhed to place those parties upon the
stand lo testify In the new ease
against Miller.
The new complaint against Millar Is
wvy simtlai to the former one, and
'!) tm'-s him w ith engaging in a gam
bling game i u November 110.
Pleaded Guilty; l ined $11111.
A short time after the second com
plaint bad been filed against Miller
he was arraigned upon that charge and
entered a plea of guilty. He w is then
fined the sum of $100 In . Judge Flu
Gerald.
Decision In Full.
The following Is Judge Fltz Co raid's
complete decision upon the firs'
charge apamst Miller
City of Pendleton vs. Sam Miller.
Opinion of the Court.
This matter comes up on a motion
of defendant for Judgment of uciifttal
on the ground that the plaintiff had
filkd to pursue the material aliega-to'-s
of the complaint.
The evidence given by plaintiff
was substantially as follows: That the
defendant had and occupied two
rooms In a brick building over the
State saloon on Main street In the
city of Pendleton: that the rooms
were secured by double doors, both
locked; that on November 20, l'.iOd.
two night police of the city of Pen
dleton rulded the rooms and found
In one of the rooms a gambling table,
or table that Is used for gunibllng
purposes, with chips or checks on It.
Also some cards anil checks In a
draivir In the table and around the
tab'e were seated three persons besides
the defendant; that cards were dealt,
but not played, and other curds were
on the table; the cards testified to as
being dealt when produced proved to
bo "jokers," with which no game of
cards Is played: was also testimony
that the deefudant hud occupied the
rooms for five or six months that per
sons who were gamblers were fre
quently seen going up to these rooms.
There was no testimony that any
game was played In the rooms and
no testimony that the checks on the
table were representative of any
value, or that they were ever played
for by any person; or that any money
or other representative of value was
found In the rooms.
The complaint In this case charges
the defendant as follows: That he did
"deal, play end conduct a game played
with cards for and upon the result of
which was staked money, checks,
credits, chips and other representa
tives of value." Before a conviction
Lurllne Sunk at Rainier.
Portland, Nov. 22. (Spec-
lal.) The steamer Cascade rain-
mcd and sunk the steamer Lur-
line on the Columbia river op-
poslte Rainier at 4 this morn-
lug. No lives were lost, those
aboard the Lurllne being pick-
ed up by the Cascade and
brought to Portland with 30
passengers, who escaped In their
night clothes, being taken off
the sinking vcbpcI by the Cns-
cade. The Lurllne sank In three
minutes in 20 feet of water.
'
can be had the plaintiff mutr prove
by some evidence:
1. That within the city of Pendle
ton, the defendant either dealt, play
ed or conducted a game of cards.
2. That upon the result of said
game money or checks or credits or
other representative of value were
staked.
i. That If anything else but money
was staked that the article so staked
was a representative of value, the
amount of the value known being Im
material.
The necessary facts in this case can
be found either by direct evidence or
circumstantial evidence but there must
he sound, loyal evidence to support
each material allegation of the com
plaint and this evidence if circum
stantial must be based upon facts and
circumstances and not conjectures.
The law does not make common
fame competent evidence in cases of
this character and it cannot be
taken Into consideration in this case,
and aside from common fame there Is
bsolutely no evidence of the playing
of any game with cards upon which
men staked anything of value, no
value being shewn by the testimony
at: attaching to the chips found on
the table at the time the officers raid
ed the rooms. If the testimony had
shown that a game was played, the
court might be able to Infer from all
the facts and circumstances of the
case that the checks played for were
therefore of value, but unless the fact
that a game was played Is shown, I
do not think that as a matter cf law
the court can go into the ryalm of
conjecture and say that the defend
ant dealt or conducted a game at the
time and place alleged in the corn
Plaint. In conclusion, I will state that I be
lieve the defendant Is guilty, but this
belief Is not based upon the evidence
produced in tills case, but upon facts
and circumstances that are not ad
missible as evidence In this case, that
have come to my knowledge, and It is
with great reluctance I have arrived
at the conclusions heretofore set
forth In this case, hut sitting as I do
in a Judicial capacity and bound to
interpret ihe law as I find It. I am not
ably to arrive at uny other decision
To do otherwise would be to pervert
the law which would be a more fla
grant violation of law that that with
w hlch the' defendant Is charged, and
would be anarchy in Its most danger
oils form. The motion is sustained
. lid the defendant discharged.
PROSSER KILLED
LIE SIDING
WAS WELL KXOWX AND OLD-
TIME O. It. & X. EMPLOYE.
Arm and Novk Broken by Falling
From n Freight Car When it Was
"ltiniiNil" Body Was Not Other
wise .Mangled, and Win Not Touched
by the Willis Body Will lie Taken
to Nebraska. In Charge or K. of P.
and Conductors.
A. A. Prosser, a brnkeman on the o.
R. & N, was instantly killed at 7
o'clock yesterday morning nt Lime sid
ing. 96 miles east of Ln Grande. The
trainmen were cutting off a car loaded
with ronl on freight train No. 21 at
that point, Mr. Prosser standing on an
empty car nt the end of the train. He
failed to see the loaded car coming
dowp the track, and ns It struck the
empty ear the Impact was such that
It knocked Sir. Prosser off. He fell on
his head, breaking his neck and an
arm, resulting ln instant denth. The
body was In no way mangled by the
cars, ns the unfortunate man fell to
the frozen ground to one side of the
track.
The accident was first discovered
by Conductor Al Ray, who was In
charge of the train, and at his In
structions the train was backed to
Huntington and word sent to La
Grande concerning the accident. The
body was picked up and removed to
La Grande as soon as possible, and
relntlves living In Nebraska at once
notified.
Mr. Prosser had been ln the service
of the O. R. & N. for 16 years, and
was for 10 years freight conductor on
the run between Umatilla and Hunt
ington. He was well known In this
city, and was highly respected. He
was a member of the Knights of
Pythias and Order of Railway Con
ductors at La Grande. He was about
40 years old and unmarried.
Mr. Prosser leaves a mother at
Clearwater, Neb., and a brother at
Euwlng, Neb. They were notified
yesterday of his death.
The body Is in charge of the Knights
of Pythias and Order of Railway Con
ductors at La Grande, and will be
shipped to Nebraska tomorrow for
burial.
I
Division of Lady Cnrzon's Estate.
Chicago, Nov. 22. Lord Curzon will
receive one-third of the cstnte of his
wife, tho children to receive the re
mainder. The wife left 11,750,000.
Upon her marriage the late Levi Z.
Letter arranged a marriage settlement
and providing the terms. Lord Cur
inn will go to Washington as soon as
the settlement 1b completed.
GRAFT CHARGES
E FIZZLED
No Evidence That Schmitz or
Anyone Else Stole From the
'Frisco Relief Funds.
EXPRESS COMPANY MAKES
GOOD ONE OF THE LOSSE8.
Another "Low" Was Money Delivered
to the Red Cross Instead of Uic Citi
zens' Committee, Where It Be
longed Mayor Schmitz Will Not
Kiiqw of Ills Indictment I'm II the
Arrival of Ills StciimiT at New York
Tills Afternoon He Will Probably
Waive Examination.
San Francisco, Nov. 22. An offi
cial reply was made today to the
charge that II, 000, 000 relief funds
were diverted or stolen. It Is de
clared that every cent is accounted
for except 11085 from Searchlight
Nev., and 1200 from Baltimore. The
former was never delivered, and the
sum was made good by an express
company a few days since. The lat
ter was delivered to the Red Cross so.
clety instead of to the San Francisco
Citizens' committee.
Sctimltz In Ignorance of Indictment.
New York, Nov. 22. The steamer
Patricia bearing Slayor Schmitz. Is
expected to arrive late this afternoon.
Out of consideration for Mrs. Schmitz
It Is not expected the mayor will be
arrested upon his arrival. Schmitz
docs not know he Is Indicted, as there
Is no wireless equipment of the Pa
tricia, and he will first know of, the
affair probably from the newspaper
men who will board the steamer at
Sandy Hook. It is likely he will
waive examination and proceed to
San Francisco immediately.
SIIAYES WITHOUT SOAP,
AIo Relieves the People (Through
CoriHirutlons) Should Own the
- Railroads.
Chicago, Nov. 22. The Important
discovery was made today that E. H.
Hairlman shaves without lather. He
will not contribute to the soap trust.
Newspaper men caught him making
bis toilet In a hotel this morning, but
it did not embarrass the magnate.
He admitted a reporter before donning
his bathrobe, which was a beautiful
silk affair. Il explained the stores
did not keep plain ones in stock. He j
continued slinking on clear water,1
ragging off the bristles with a safety
razor. He grumbled a bit herause it
pulled, and stopped between strokes j
to talk. I
Tile e.-seuee of the interview was
that he believes the people should own
the railroads not through the gov- !
eminent, but through private corpor- j
atlons. He does not believe that
small groups of men should control
them.
Centralization of ownership Is made
necessary to prevent violations of the
anti-trust law. He does not think a
deep waterway to the gulf necessary,
but when it becomes n reality the
roads must meet the situation.
WOULD ENLARGE THE CABINET
Colorado Man Would Add Department
of Sllues and Mining.
Kansas City. Nov. 22. President
Alderson, of the Colorado state school
of mines, today read a paper, the
theme of which Is the duty of the
government to establish a department
of mines and mining. He urged the
revision of mining laws and adverted
to the great researches by th" gov
ernment. T. Pryer, president of the Texas
cattlemen, talked for the removal
of the restrictions by Germany and
France upon American meat.
H. B. Wood, of Hawaii; Wilson, of
Slanlla; P.. P. Wilson, of Chicago,
delegates to the Trans-Mlsslsslppi
congress, with a portion of the Slon
tana delegation, have not arrived yet.
being snowbound in western Kansas.
SAM ENDICOTT TODAY PAID TWO FINES
In the police court today Sam En
dlcolt pleaded guilty to a charge of
gambling and was fined 15 by Judge
Fltz Gerald. To another charge of
the same nature he pleaded not gull
ly and will bo tried Inter.
Frank Stevens, a bartender, was
given a sentence of 20 days In Jail
upon a charge of vagrancy. He was
given that severe sentence because he
had been found living about houses
of Ill-fame.
Endleott Convicted.
At 3 o'clock this afternoon Sam En
dleott was placid on trial upon the
USEE
T YET
IN PORTO RICO
Return to the States Delayed,
as Rough Seas Prevent Em
barking at San Juan.
GREAT SHRINKAGE IX
PENSION ROLLS.
The Maximum Was Reuclied January
31, MOB, Since Which Time There
lias Been a Steady Falling Off In
the Number of Pensioners, Though
the Appropriation Is Undiminished
There Are Now 22,621 Spanish
War Pensioners, .Many of Whom
Are Dependents.
San Juan, Nov. 22. The president
was accorded a reception this morn
ing In the governor's mansion, sur
passing anything ever seen In Porto
Rico, being a record breaker In num
ber of guests and enthusiasm. The
president met E. C. Morton, who
fought by his side at Santiago. The
return to the United States will be de
layed. The sea is too rough to out to
the Louisiana. The ship will return
to Ponce and the president will re-
cross the Island and embark there, j
He will see parts he would have !
missed otherwise. j
Pension List Shrinking.
Washington. Nov. 22. The number
of names on the pension list for the
last 14 years has exceeded 900.000
every year. On the last day of Jan
uary, 1905, the maximum was reached,
the number being 1.004.971.
Though the pension commissioner
anticipates a more marked decrease
In the coming year, It is not likely
however, that the decrease ln the
number of pensions will be large
enough to affect pension appropria
tion for some time to come. The
amount paid ln pensions for the fiscal
year of 1906. 1136.237.749. was nearly
ns large as that for the year before,
notwithstanding the decrease in the
number of pensioners. At the close of
the fiscal year there were 66C.4". 3
survivors of the war on the rolls,
which represented a decrease for the
year of 1 s. 1 5 r,, after allowing for the
deaths of army pensioners and the
additions to the roll on original ap
plications. The largest increase among the de
pendents was of widows, amounting
to more than 5000. The number of
deaths among the widows was 11.25S
and the number of original applica
tions granted was 16.939. The widows
greatly outnumber the survivors.
' There are 4540 survivors of the
Mexican war and 7653 widows and of
original applications granted eight
were to survivors and 342 to widows.
The number of pensioners of the
Spanish war ranks next to that of the
civil war. The total on June 30 was
22.621, an increase of 2130 during the
year. The most notable Increase Is
among the invalids, widows, minor
children, mothers and fathers, and It
may continue for many years.
WILL NOT DISBAND.
Gmnprrs Wants Labor Conditions In
Porto Rico Looked Into.
Minneapolis. Nov. 22. Mitchell
says there Is no truth ln the report
that the United Sllne Workers con
template dlsbandment.
Gompers upon Instructions by the
Federation of Labor, sent a message
to the president urging him to Inves
tigate labor conditions ln Porto Rico
wit ha view to giving the Porto Rl
cans self-government and betterfng
the conditions of labor there.
Hold Thirty-Two Chinese.
London. Nov. 22. Thirty-two Chi
nese en route to Liverpool were stop
ped at Gravesend, the emigration of
ficials requiring permission to land.
The Immigration board is considering
the case and the decision Is reserved.
I:i a saloon fight at Coeur d'Alene,
Mai Coombs was stabbed ln the ab
domen by Lee Garrett, a barber, and
d.e 1 a few minutes afterwards.
second charge against him. After
listening to the testimony of two wit
nesses, one for the city and one for
Endleott, Judge Fltz Gerald gave a
decision of guilty. He then Imposed
a fine of 175, or a penntty of 20 days
In Jail. The fine was paid.
The cases in the police court grew
out of the affair in which Endleott
and Roy Stewart are accused of hav
ing robbed G. W. Riggers of 11000.
However, they are separate from the
eases In the justice court, where the
two men are charged with larceny
and now bound over to the circuit
court.
FORTY-THREE WERE DROWNED.
Jennie's Captain Declares Dlx Was to
Illume.
Seattle, Nov. 22. The revised list
of the missing totals 43, according to
the latest figures, of whom 31 were
residents of Port Blakley.
At the United States Inspector's In
quiry this morning Captain Mason of
the Jeanle, explained the position of
the vessels. He claims the Dlx struck
the Jennie and says that there was
plenty of time for the Dix to lower
her boats If she had been properly
handled. The Jeanle had slowed to
a mile an hour and was backing at
full speed, while the Dlx was appar
ently at full speed ahead. That the
pilot of the Dix changed her course
directly across his bow Instead of
sheering off when the collision was
apparent.
FLIMFLAMMED IX CHICAGO.
Nevada Sinn Sleets High Clnsrf Bilkers
ami Loses $165.
Chicago, Nov. 22. Peter Fox of
Tonopah, Nev., today reported to the
police that two strangers asked him
to act as custodian of 110,000. He
gave 1165 in cash as security that he
would act in good faith. The roll
proved to be an old newspaper wrap
ped in two II bills.
COUNCILMAN ARRESTED.
Charged With Conspiring to Swindle
Pittsburg.
Pittsburg, Nov. 22. W. A. Martin,
councilman from the Sixteenth ward,
was arrested today charged with ap
propriating or conspiring to appropri
ate 170,000, by methods which are
being kept secret for the present.
JOCKEY CLUB LOSES CHARTER.
The Missouri Organization Permitted
Gambling.
Jefferson City, Slo.. Nov. 22. The
supreme court today issued a writ of
ouster against the Delmar Jockey
club at St. Louis, sustaining the lower
court and revoking the chnrter, which
It Is alleged was broken by permitting
gambling.
HORSE SWEEPER
STREET CLEANING AN
URGENT PROPOSITION.
What Is to He Done Before the
Sweeper Can Bo Put In Operation?
Not Easy nt This Juncture to
Meet the Bills Against the Levee
Fund Wurrant Drawn Lust Night
for SIISI hi Favor of Newjsirt Com
pany. At the council meeting last night
the attention of that august body was
taken up with the problem of how to
meet the city's financial obligations.
while the question of a street sweeper
was also discussed. The latter sub
ject was finally disposed of by a mo
tion that the recorder advertise for
bids upon a standard two-horse
sweeper. The motion carried, and
bids upon the sweeper will be opened
at the meeting two weeks from to
night. What to do with the streets in the
meantime was not fully decided upon.
It was suggested by one member that
the trash be cleaned from the gutters
and the mud flushed Into the drain
age sewer by means of water from the
fire hydrants. Councilman McCorm
mach favored the idea of the street
commissioner or some one under him
working on the crosswalks with a
broom.
Owing to the fact that the city has
not yet received Its money from the
110.000 levee bond Issue, it Is difficult
for the council to meet bills that are
being presented against the levee
fund. Last night a bill from the
Newport Construction company for
11184 was before the council. It was
suggested by the mayor that Colonel
Newport might be given a mortgage
upon the levee.
"I'll take that, and If It Isn't paid
I'll take the levee down to Hermls
ton." replied the contractor, who was
In the audience.
The question was finally settled by
Councilman Murphy moving that a
warrant be drawn upon the levee
fund ln payment of the claim.
Face Crushed In.
The Dalles, Nov. 22. Cus Ander
son, a sub-contractor under Caughren
& Woldson, who was brought to the
hospital Monday with the right side
of his face mashed In by a missile
which struck him as he was standing
300 ya'ds from the blast. A rock
about the size of a hen's egg came
with such force as to break the upper
part of the Jaw hone. It ranged up
ward and Imbedded Itself Just above
the right temple. Drs. Ferguson and
Renter extracted It and today report
that though they had no hope of his
recovery when the operation was per
formed, he Is now doing nicely. He Is
34 years old and had intended start
ing In a few days for Sweden, where
he has n wife and several small children.
it
BUY
127 CARLOADS AT
r
Cave-in of N. P. Cascade
Tunnel Responsible for a
Great Freight Blockade.
THE FREIGHT 5IENTIONED
CONSIGNED TO TTO SOUND.
O. R. & N. Suld to Refuse to Relieve
tho Situation, Though That System
Is Carrying Yla Portliind. Cattlo Con
signed to the Sound Over the W. &
C. It. Illockado la a Very Serious
Affair for the Grain Companies,
Which Are Carrying Insurance and
Interest Charges as Well.
At Hunt's Junction yesterday 127
carloads of Northern Pacific west
bound freight were sidetracked as a
result of the cave-in at a Cascade
tunnel. The 12" cars were loaded
with merchandise consigned to points
upon the Sound. Much of the freight
consists of holiday goods.
Conductor Bertholet of the W. &
C. R., stated today that an effort was
made yesterday to have the O. R. &
N. company relieve the situation by
taking the freight over its line, but
the latter company declined to do so.
Owing to the blockade on the North
ern Pacific no freight whatever Is
now being taken out by the W. & C.
R., as It cannot be handled at the
other end.
Yesterday a large shipment of cat
was made from here to Seattle, being
sent over the O. R. & N. via Port
land. The stock had been routed
over the W. & C. R.. but owing to the
blockade, could not be handled. Con
sequently they were loaded Into O. R.
& N. cars from the W. & C. R. stock
yard. Hurts Grain Companies.
The blockade on the Northern Pa
cific is working a hardship upon the
grain companies that have wheat
purchased along the W. & C. R. T.
G. Slontgomery. manager in -this coun
ty for the Paget Sound Warehouse
(onipnny. says the grain dealers have
Ken paying demurrage charges on
ships at Seattle, while at the same
time they have been paying insurance
and losing interest on wheat they
have tied up along the line In this
county.
Previous to the recent blockade
I much difficulty was had in shipping
' out the wheat of the W. & C. R. sec
! Hon, because of the lack of cars. The
' disaster at the Cascade tunnel during
j the late storm has made the situation
: much worse.
KAISEIt BADLY DAMAGED.
l our steerage Passengers Killed and
Others Hurt.
Cherbourg. Nov. 22. After the col
lision with the steamer Orinoco, the
steamer Kaiser WIHielm put hack for
repairs this morning. The rfflcers
say four steerage passengers were
killed and eight hurt. The Orinoco
cxrected to continue her voyage to
the West Indies and New York. The
K.ilser has a hole 10 feet lond In her
bows. The passengers were transfer
red to the Lorraine and St. Paul, sail
ing Saturday.
Matlock to Portland.
Ex-Mayor W. F. Matlock left this
afternoon for Portland, where he will
be gone a few days on business. The
ex-mayor was Informed Just before
leaving that the eambllne chnren
against him had been dismissed.
whereupon he laughed and stated that
"If there are any more charges
against me I'll Just stay over a day or
two and enjoy the fun." Being told
that no other complaints had been
made In which his name was included,
he started on his way to the depot
to await the belated passenger train.
No. 1.
Clarence Bobnett, bookkeeper of the
Lewiston National bank, has been
found guilty nt Moscow of subornation
of property In connection with Idaho
land ft and cases.
Ruef and Grnney Under Fire. 4
San Francisco, Nov. 22. The
grand Jury today began investi-
gating Into the fight trust.
Graney was the first witness. As
a result of the Investigation it
Is rumored Graney will be In-
dieted for bribery, and Ruef for
extortion. A second indictment
is expected against Ruef of the
same charge In the Belvldere
case. Ruef, who has heretofore
been willing to talk, has sudden-
ly lapsed Into silence and will
discuss nothing pertaining to the
graft Investigation. When Gra-
ney entered the grand Jury room
today Ruef appeared agitated
and apprehensive.
:
HUN
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