i
1 DAILY EVEH1NB EDiTION ;
DAILY EVENING EDIT10K
WE ATI I Fit FORECAST.
Occasional rain tonight or Sunday.
Isn't It better to know things nbout
prices than to guess, wonder and
fret? Then It's worth while to
read the ads.
VOL. 2D.
TENDLETON, OREGOX, SATURDAY, APIIIL 0, 1907.
NO. 5944
s
1
Afler Being Out Eighteen
Hours There is Little Pros
Pect of Agreement.
THEP REPORTED OXCE
THEY COITLD NOT AGREE
Hut Were Sent Buck for Further
Deliberation Last Evening and
the Close of the Afternoon Devoted
to Arguments Trial of Andrew
Manning. Cliargcd With Horse
Mealing, Is In Progress McDonald
ami Mitchell, Petty Offenders, Will
l ight Actions Brought by State.
Disagreed mill Were DIs-
charged.
At 3:20 this afternoon the
Jury reported that It had
hopelessly disagreed and there
was no object In being kept In
further retirement, and they
were dlsmisned by Judge Bean.
The Jury stood nine for con-
vlctlon and three for acquittal.
It Is understood that Porter,
Browncll and Shaw held for
out for acquittal.
I'p to late this afternoon the Juiy
In the case of Mrs. Mabel Young
Warner had not urrlved at a ver
dict, though It has been out for 18
hours. The continued deadlock has
caused the Impression to become gen
eral that the Jury will be unable to
agree and will have to be discharged.
Jury Out In Warner Case.
It was 10:30 last night when the
fate of Mrs. Warner was turned over
to the Jury and the 12 men filed out
of the court room to decide upon a
verdict after having listened to the
case for a week. At 8 o'clock this
morning when court convened no ver
dict had been reached, and It was
the middle of the forenoon before the
Jury was heard from. Finally the
bailiff was called for and the foreman
notified the court that the Jury wished
to report. The report was to the ef
fect that no agreement had been
reached and the Jury wished to be dis
charged. However, Judge Bean desir
ed that the Jury strive again to reach
an ugreement and sent them back to
their room.
Rebuttal Was Strong.
Late In the ofternoon yesterday
some of the most sensational features
of the trial were produced while the
prosecution was examining wltnes-es
In rebuttal. Most of the fire was di
rected against the evidence of J. D.
.Smith, the old soldier, who had testi
fied that three days before his death.
Young had told him he Intended leav
ing his property to Mrs. Warner.
Numerous witnesses testified to the
unreliable reputation of Smith for
truth and veracity. Will Jamison, for
merly of the Weston bank, suld he
had never known Young associating
with Smith, nnd that Smith's credit
at the bnnk was good for but $5 or
MO at a time nnd then when his pen
sion was shortly due. Frank Puling,
a former partner of Young, declared
him close-mouthed regarding his bus
iness and fumlly affairs and olso that
Smith's reputation was bnd.
Dr. J. A. Best also swore to the Ill
repute of Smith and caused some
amusement when In reply to a ques
tion from J. P. Winter as to the
meaning of reputation, he said, "I
suppose It Is whether a man Is a liar
or not."
R. M. O'Brien testified to the fact
thnt Young had always been conserv
ative In tnlklng. as did also Dave Lav
ender, former business agent for the
deceased.
It was after 4 o'clock when the at
torneys commenced their arguments,
and only the opening argument of
Judge Fee for the prosecution and of
H. E. Collier for the defense, were
concluded before supper. It was
after 7:30 when the court reconvened
and J. P. Winters commenced upon his
argument. Nearly an hour was coh
sumed by Mr. Winter and he was then
followed by Judge Fee, who closed
with a strong, forcible presentation of
the state's case. , During tho argument
Judge Fee dwelt at some length on
the testimony of R. M Powers and a
Great Northern l ined $15,000,
Minneapolis, April 6. The
Great Northern was fined In
the federal court today $1000 on
each of 15 counts charging
granting of rebates to one firm
In tie grade trade between this
city nnd Duluth. Thf. Jury was
out only half an hour.
HUNG
1 It
CASE
dispute arising the cc r , -r was
required to read the estl
mony In full. In his evi. 'pL ?rs
had told that Mrs. Warnv "t n
sulted him regarding he.. .icle's
handwriting. -At
the conclusion of the attorneys'
arguments Judge Bean Instructed the
Jury and an adjournment was taken
for the night.
llorwsteullng Case Is On.
Andrew Manning has beeit on trial
in the circuit court today upon the
chorge of horsestealing, his case hav
ing been taken up about 10 o'clock.
He Is being defended by J. R. Raley,
while District Attorney Phelps Is con
ducting the prosecution.
But little difficulty was had In
choosing a Jury, and the following 12
were selected: J. L. Stockman, S. A.
Hampton. William Kllgore, A. J. GUI,
E. L. Smith. S. T. PhllllpB, T. B. Wells,
Marlon Jack, G. M. Lewis, A. T. Per
kins, J. W. McCo'rmmach and H. C.
Branstettor.
E. L. Thrasher, complaining witness
In the case, was the first one called ot
the stand and he told of the defend
nnt having taken a horse belonging
to him and traded him off In Hepp
ner without having been authorized
to do so.
On cross-examination Attorney
Raley sought to show that both Man
ning and Thrasher had been drunk at
the time the horse was stolen. Also,
that Manning had bargained for the
horse giving a watch In part payment
and promising to send $20 later. A
letter from Manning to Thrasher had
been destroyed by the lotter.
The noon recess was taken before
the cross examination had been com
pleted. McDonald and Mitchell Cases.
At 9 o'clock this morning McDonald
and Mitchell, two petty offenders,
were brought before Circuit Judge
eBan. McDonald Is charged with
breaking up the furniture In the city
Jail and as he was unable to employ
an attorney, the court named J. R.
Raley to serve. As he had not yet
had the pleasure of meeting his cli
ent, Mr. Raley asked to have until
1:30 to plead.
Mitchell Is the man charged with
stealing a mirror from the Tallman
drug store. R. J. Slater was appoint
ed by the court to defend him, as he
said he wished to plead not guilty.
L
TO
DEALERS C LAIM THEY
DID NOT KNOW HIS AGE
Rainier Beer Hall Proprietor ricadtil
Guilty, Rut t'rgcd In Extenuation
That the Minor Patron Misrepre
sented Ills Alt Was Fined S23 on
fount niul Vn Compelled to
I i-t. ;'. t: the Law.
Bif-?ie Judge FltzGerald this af
ternoon Sender pleaded guilty to
three different charges of having
s lid liquor to minors, but declared In
excuse that he hud been tuid by
young Arnsplger that he was over 2
years old, and that he believed the
statement. According to Snyder he
did not desire minor trade not does
he cater to hack. door business, hav
ing no entrances to his place except
from the front.
At the conclusion of the case Judge
Fltz Gerald imposed a fine of $25 for
each count nnd rend the liquor to
minors ordinance for the benefit of
t!ie snloonmun.
Details ot the Accusation.
For selling liquor to minors, which
It Is claimed wns done unknowingly,
J. A. Synder. owner of the Rainier
Beer hall, and Herman Peters, his
bartender, have been before the po
lice court this morning. This fore
noon they pleaded guilty tq having
sold beer to Manuel Arnsplger, but
said they believed hlin to be of nge
The case was set for disposal nt 3
o'clock this afternoon.
The cases against Synder and
Peters grew out of trouble In which
young Arnsplger and Ernest Tod
hunter became Involved last night.
While drunk they attneked n third
man who wns with them, with the
result that they were complained
against to the police. When the ense
was Investigated by City Attorney
McCourt this morning the fact that
Arnsplger Is a minor wns learned,
and n complaint against Synder nnd
Peters wns sworn to by Frank Arn
splger, father of one of the beys.
HOTELIEEPKH WAS FINED.
Slaughtered Reef Wllhln City LIiAIIh
of Adams.
Adams, April 6. Mr. Reed, who
runs the Commercial hotel at this
place, was brought before the re
corder's court yesterday and fined $10
nnd costs for slaughtering beef for
his butcher shop within the city limits.
The dance given at the city hall
last evening was a success In every re
spect, and waB well attended by
young people from the surrounding
country. .
There are 6000 fleeces In the 811
verton Mohall pool this year, which
will be offered for sale Monde. v,
April It.
IQUOR
SO
BO
INVESTIGATE
MINERAL TRACES
Regulation Will Be Issued
. That Will Restrict Possibil
ities of Land Frauds. .f
CAMPBELL WILL BE THE
CHICAGO POSTMASTER.
Conference Was Held at the White.
House) Today Between American
and Central American Diplomats
That Arrived at a Tentative Agree
ment Which It U Hoped Will Lead
to Peace 4n Central America and a
Settlement of Their Complicated
Dispute.
Washington,, April 6. To head off
repetition of land frauds In the west,
the department of the interior will
shortly promulgate a regulation under
which upon tke slightest trace of coal
or metal, the geological survey will be
instructed to investigate lands. The
result Is that many thousand acres
now called agricultural may be de
clared mineral.
Pan-American Conference.
Washington, April 6. At a confer
ence today Assistant Secretary Bacon,
Minister Creel, the Mexican ambassa
dor; Calvo, of Costa Rica; Toledo, of
Guatemala, and Mejia, of Salvador,
and also representing Honduras, at
tended. Baton's conferees represent
all the countries of Central America
except Honduras and may result In
some peace agreement.
Later. After the Central American
diplomats left the state department,
one of the conferees announced that a
tentative agreement had been reach
ed, and expressed th hope it would
-work out satisfactorily.
PoftnuujU'r at Chicago.
Washington, April 6. The presi
dent today announced he would ap
Doint State Senator Campbell of Chi
cago, postmaster to succeed Busse.
LITE SENTENCE FOR MORRIS.
Convicted Man Murdered His Two
Neighbors.
New Kirk, Okla.. April Wood
son S. Morris, aged 65, one of the
wealthiest men In Oklahoma, was to
day declared guilty of murdering
Woodford P. Cassldy and son as the
result of a land lease quarrel, and
was sentenced to life. i
SLIDE AT WYETII.
Traffic Intel fin ed With on the O. R.
t N. and No Portland Mall Receiv
ed Today.
A slide at Wyeth on the O. R. & .
has blocked the track and no mall was
received ; Portland last night oi.
today.
It has i:.!ne.l steadily In tin! vicin
ity for Ihe past week nnd the did" of
the mountain came down covering the
tracks for several hundred feet to a
depth of four t fix feet deep. A large
force of wnkmen Is cnrr'i'M In re
moving t;' o'lit'uellon and i? Id is
peeted that a train will be run through
tonight from Portland. Neither No. 2
last night nor No. 8 this niornlns,
carried any Portland mall.
Many Indian Subscriber.
The East Oregonlan has a large
number of Indian subscribers on its
lists who read the paper regulnrlv.
Several papers are going to Umatilla
Indlnn studmts who are now ut Car
lisle Indian school. The remainder
of the Indian subscribers get their
paper at Pendleton, McKay and Gib
bon postofflces. While there Is no
record of the mat tor If Is believed
that the East Oregonlnn and the
I.ewlston Tribune hove the largest
lists of reservation Indlnn subscrib
ers of any papers In the United
States. The Tribune Is rend exten
sively by the Nez Tcrces.
One Inmate Wn Killed.
South Windham, Conn., April 6.
Fire tills morning In the Insane asy
Irrp In this city killed one Inmate,
the others being rescued. The prop
erty lf'Ss wns not great.
PROTEST PREJUDGMENT BY ROOSEVELT
New York, April 6. A number of
labor leaders of this city organized a
Moyer-Haywood protest at a confer
ence todny and through the chairman,
Thomns Crlmmlns, sent a letter to the
president demanding that he make
amends for his alleged strictures on
Moyer and Haywood. The letter Is a
lengthy review of statements attrib
uted to the president and declares the
conference stnnd was made upon the
representative of 300 bona fide labor
bodies, It saya:
ROOSEVELT
STORM
Theory Advanced to Account
for His Proclivity for Get
ting Into Controversies.
GENERAL PI BI.IC SIDES
WITH PrGNACIOVS TEDDY
Senator Bourne Said to Have Given
the Dinner Which a Bibulous
Statesman "Gave Away" Afterward
"Die Word "Dinner" Is a Quick
Fuse In Washington. Liable to I'm.
veke an Explosion In Almost Any
Quarter Bourne Is Very Noncom
mittal. Washington, April . Despite the
efforts of the great newspapers, many
statesmen ridicule the president's as
sertion that he has discovered a
"rich men's conspiracy." Despite
the theories advanced that the tale
resulted from "a brain storm," the
president Is convinced of the exist
ence of such a plot. The' president's
belief is support?!, too, by u major
ity of observers :it the capital. Un
questionably the people of the coun
try at large share the belief. The
president has auihoraUvely spoken
and Is convinced that by the expose
thus early he hns circumvented the
plot. Also, that he has corroborative
evidence in addition to the statement
of the distinguished bibulous guest
it the dinner recently. This evidence
will be given out at the White House
from time to time.
Bourne Has Nothing to Say.
Senator Bourne, alleged In the re
port to be the giver of the dinner, re
fuses to discuss the matter.
Suy "dinner" to a senator and see
him Jump. Bourne and Hansbrough
were called to the While House to
day. Both are reticent about the
dinner. Pourne, when asked, ex
claimed, "I have nothing to say
lbout any dinner, ns I might want to
go to other dinners. If I talk too
much, I may never get another In
vitation." Andrews, the New Mexican dele
gate, ,vas also a caller at the White
House, and was also a guest at the
dinner, and Is equally "mum."
Htmenway got excited when ap
proached and cried, "never say din
ner to me again. I never want to
heard the word. Think I'll quit
eating"."
Chicago Wheat Market.
Chicago, April 6. Wheat opened
"7. closed 7! 1-4; corn opened 48,
closed the same; oats opened 43,
closed 12 5-8.
WANTS INDIAN JURORS.
Yaklnin Attorney Says Indians Should
Set on n Jury Trying an Indian.
The case of the state against Si
mon Goudy, an Indian on trial In the
superior court for murder In the first
degree for the alleged killing of Pe
ter Sampson, was begun this after
noon before Judge Rlgg, says the
Yakima Republic.
Ti:e healing was postponed from
this morning o enable the court to
pass upon the point raised by H. J.
Snlvely. attorney for the defendant,
who contended that the exclusion of
the Indians from the Jury worked an
Injustice to his client in that he was
not being tried by a Jury of his peers.
Before a Jury could be called this
morning by Deputy County Clerk
Ward, Mr. Snlvely declared thnt the
chances of Goudy getting a Just trial
were reduced by the fact thnt only
white men had been summoned to
serve In the case.
The attorney recited his efforts to
have a number of Indiana empanel
led, but declared that the Jury com
missioners had refused to allow the
red men to act. This he claimed was
a violation of the fourteenth amend
ment to the constitution which de
clares that no discrimination us to
race, color or previous servitude
should be made.
Van Loom, an Inmate of the Po
catello calaboose, made a third and
successful attempt nt suicide by bit
ing open arteries In his wrists.
"Before the law, Moyer. Haywood
and Pettlbone are considered Inno
cent until proven guilty In the face
of proceedings. Are you not aware
your words may prejudice the general
public and possibly the Jury? Is It
too much to nsk of you to make such
public amends as a true gentleman is
bound to offer when Inadvertantly he
has mnde a mistake, and Inflicted a
grievous wrong upon men who have
nothing to do with his personal quarrels?"
LAWYER PATRICK HOPEFVL.
Fight for Life lias Begun a Fight for
Liberty.
New York, April 6. Hopeful as
ever that he will win his fight for
freedom, Lawyer Albert T. Patrick,
convicted of the murder of the aged
Texas millionaire, William Marsh
Rice, todav rounded out five years
as a prisoner In Sing Sing. Though
Patrick was arrested In October,
190H, It was not until April 7, 1902.
nearly two years later, that he was
taken to Sing Sing. For four years
nnd eight months thereafter he was
an Inmate of the death house, during
which time he continued the fight
with the dnggest persistence to es
cape the death chair. Since his sen
tence was commuted to life Impris
onment by Governor Higglns last
December, Tatrlck has been at work
in the prison bakeshop. The unac
cumstomed labor has reduced his
weight, but his health remains good
and he appears confident that the
petitions now circulating In his be
half will ultimately bring a pardon.
ALLEGE MENTAL INCOMPETENCY
Suit to Vacate Deed Signed by Mrs.
Eddy.
Concord, N. H., April 6. The first
legal step to meet the surprise
sprung by the defense in the Eddy
suit was made today by the counsel
for the plaintiff filing a supplemen
tary bill in equity attacking the va
lidity of the deed of trust, and ask
ing that the deed be vacated, alleg
ing the grantor Is incompetent to exe
cute. McCiellnn Loses a Point.
New York, April 6. Mayor Mc
Clellan's demurrei to the attorney
terernl'a proceedings to test the
right of McClellan to the mayoralty,
was overruled today, the effect being
to permit the state to try the case
on It merits. In view of the fact
the legislature passed the Decaunt
bill, the attorney general Is unlikely
to proceed at present.
GREEK LABORERS
ARE HARD EOT
OVER 300 PASSED
THROVGH THIS WEEK
Viicdiicated, Violent, III Mannered
Europeans Coming In Large Par
ties Into the Northwest They
Will Be Employed in Railroad
Construction Camps of Washing
ton nnd Idaho They Are Unde
sirable Citizens In Every Way.
riurli.g the past week over 300
Greeks and Italians have passed
through this city en route to the va
rious railroad construction camps In
Idaho and Washington and It Is said
that several hundred more are com
ing, v
Most of the members of these par
ties are direct from Europe and form
a most interesting and motley horde,
with their bundles, bales, baskets
and rolls of baggage plastered over
with the quarantine cards of the im
migration bureaus of New York, at
which port they but recently landed.
Tlioy have spoke smen who under
stand English ond who direct them
In their trip across the country nnd
the antics of the parties very much
resemble a herd of sheep which Is
being driven against Its. will -nto a
strange place. It keeps the spokes
man busy to keep his flock out of
trouble.
Last night about 50 arrived on No.
0 and took possession of the wo
men's waiting room at the O. R. &
N. depot, driving the women passen
gers out with their horrible stenches
nnd strong pipes.
In Greece these laborers were em
ployed In the various large cities at
about 18 cents per day.
They are nil uneducated, violent,
uncouth. III mannered and have no
knowledge whatever of the customs,
language, usages nor Industries of
this country. They will be hired In
gangs to the various construction
companies by the English-speaking
"book men" until they become able
to cn'e for themselves.
Trainmen complain that they take
possession of smoking cars where
they engage In brawls, quarrels and
fishl", requiring the closest attention
and making an altogether undesirable
class of passengers.
They arc very suspicious nnd In
making purchases engnge In long and
violent discussions over the chnnge.
They buy large quantities of bread,
and seem to subsist almost entirely
iinop this article of diet.
Echo Saloon Sold.
Thad Barnes todny purchased the
White Front saloon In Echo from
Cloyd Oliver, who will open up a sa
loon at Hermlston soon. Barnes took
charge of the property today.
J. G. Edwards of Shanlko, has re
turned from France, where he pur
chased 30 Kamboullett rams at f 1500
each.
INDICTMENTS
ARE EXPECTED
Home Telephone Company
and Pacific States Company
Will Afford More Victims.
NEW NAMES ARE COMING
INTO MTJCH PROMINENCE
One a Toledo Capitalist the Others
Are Local- Monled Men and Op
erators Detwellcr Is Still at Large,
With a Wide Difference of Opin
ion as to His Whereabouts The
Prosecution Expresses Great Con
fidence In Yet Being Able to Bring
Him Into Court, - -
Snn Francisco, April 6. It is
practically admitted by the prosecu
tion this morning that Indictment
may be returned today, probably
against J. S. Torrance, T. W. Phil
lips. A. B. Cass and a man named
Graves, of Los Angeles and a Toledo
capitalist, all for alleged connection.
In the Home Telephone case. Cer
tain officials of the Pacific States,
Telephone company also may be In
dicted. If indictments are returned
they will not be filed until Monday.
Detweiler Still at Large.
San Francisco, April 6. Little
credence is given the statement made
by one of Delweller's relatives that
the Toledo fugitive promoter Is close
to San Francisco and in dally com
munication with his friends and at
torneys. Every ccast town is liter
ally plastered with pictures and de
scriptions of Detweiler, and a sharp
lookout Is being kept. He would
soon be In custody should he appear
on the streets. The general belief
is that Detweiler Is hiding In some
small town not far from Toledo. The
movements of netwaiia. while not
causing the prosecutors any partic
ular concern, are making them
more determined than ever to show
him no quarter once he Is In cus
tody. TEN WORKMEN SHOT. ,'
Strikers at lodz. Russia, Make Se
rious Trouble.
Lodz. April 8. Ten work in en v.,.
shot nnd killed fcy strikers in the
factory district here today because
they attempted to resume work. Tha
managers desire to re-employ tho
men, but. the strikers refuse to re
sum". Start on a 15,000 Mile Trip.
"Superior, Wis.. Anril 6 Pnntnin
J. IT. K.vurt has arrived to take the
'i"iiser Wlnnebagij over lS.Onn miles
to aan Francisco.
NO "BUCKSKIN GIRLS."
Portland Ad Men Against Jamestown
Excursions.
Last night the Admen's league went
on record as being strongly opposed to
the proposition of sending a delega
tion of young women to Jamestown
exposition In the costume of the Indi
ans, says the Oregon Dally Journal.
H. C. hitticr Introduced the remon
strance, which was heartily Indorsed.
The admen held that Just such things
hnve fur years prevented Oregon from
coming Into Its own.
Real estate men Weld the floor last
night at the meeting of the Admen's
league. They had been called In to
discuss means and methods of adver
tising Portland. A large number of
these "boosters" were present, Includ
ing the most nctlve realty brokers In
the city. Speeches were made both
by the real estate men and the admen.
It was declared that what Portland
needed was more of those real estat"
brokers that are Just now coming to
the city, those who are ready to ask
for big prices nnd are Inspiring the
others to do the same, who could
build a city in the Sahara desert where
blocks would be selling within a few
years for J300.000. This was not
brought out to cast any reflection on
Portland, but only to Illustrate what
a live real estate man can do.
Sheep at S6 Per Hend.
Messrs. Burns & Hammons have
sold 4400 ewes to C. N. Dnnsle. the
prominent sheep buyer representing
Snlt Lake parties, says the Boise Cap
ital News. The sheep were delivered
out near the Reynolds creek country
and the price Is said to be J8 per head.
Shall Ballard Be Annexed?
Pul'ard, April 6. A special
e'ection Is being held toduy to
decide whether this city will
be annexed to Senttle. If an-
nexed. Seattle will gain 20 ono
population. Benefit to Bal-
lard's water system Is the prln-
clpnl Issue.