K
11 A -V itfrfc SAILYEVENINGEDira
II rK r ( II vjA(rw fvvv
DAILY EVENINGEDITION
Tsn't It better to know things about
prices than to guess, wonder and
fret? Then lt'i worth while to
read the ads.
WEATHER FORECAST.
Fair tonight and Saturday.
VOL. 20.
PENDLETON, OREGON, FRIDAY, APRIL 19, 1907.
NO. 5955
it
w v.
FIVE JURORS -
ARE SELECTED
Court Has Adjourned Till To
morrow to Allow of a Spe
cial Venire.
NEARLY AM. TALESMEN
HAVE READ ACCOUNTS.
Of the Tragedy lit Either tho East
Orcgonlan or Some Om of the Nu
merous Other Papers Published In
the County Qiili.Uig Btwm to Indi
cate Unexpected and Not Generally
Understood Reasons for Rejecting
, or Accepting Juror Names .of
Those Cliown Are Given Relow.
With but five Jurors selected In the
McManus case an adjournment of
court until tomorrow afternoon was
made necessary today In order to per
mit of the summoning of an addition
al venire. The five men now chosen
are J. H. Key. 8. T. Phillips. R. O.
Still. W. W. Atherton and S. P. Hutch
inson. It was about 10:30 this morning
when the last Juror's name wns drawn
from the box and a recess was taken
while waiting for the sheriff to sum
mon an additional 26 men. As many
of those to be reached are nt their
homes In various parts of the county,
an adjournment was later taken until
9 o'clock tomorrow morning.
As was the case yesterday unusual
care has been used by the attorneys
In selecting men to try the McManus
case and It has been difficult to find
satisfactory men. Men "lt:i fami
lies and with no saloon connections
have been preferred by the defense
and all o'f theose chosen are farmers.
Also the defense hns taken care to
guard against permitting anyone to
become a Juror who Is prejudiced
against McManus through reason of
his newspaper career, or who Is dis
posed against either of the lawyers
for tho defense. One prospective Ju
ror was asked If he had any land
rented upon the reservation, but In
general that point was not touched
upon.
For the state District Attorney
Phelps and Judge White have been
careful I to ascertain the attitude of
the Jurors regarding capital punish
ment, which fuct would Indicate they
Intend striving for a conviction upon
the charge with which McManus is
Indicted.
All Rend the Paper.
The attorneys on both sides hnve
dwelt much upon the newspaper arti
cles read by the various Jurors and but
few have been found who did not rend
the stories of tho affair published In
the East Orrgonlon. Likewise many
read the accounts given In the Trlhtine,
the Athenn Press, Weston Leader and
the Milton Engle. For the state Dis
trict Attorney Phelps made particular
inquiry regarding a story from Mc
Manus himself which was published
In the Pilot Rock Record and In this
paper a week ago.
Atlicrton Wns Fourth.
W. W. Atherton, the fourth Juror
selected, was chosen late yesterday
afternoon. He Is the blacksmith and
postmaster nt Nolln'and was not well
informed ns to the cose. As a re
sult he Was found favorable to both
sides.
T. M. Harrah, who was called Just
prior to Atherton, was excused
through a peremptory challenge by
the district attorney.
A. M. Molstrom was excused for
cause because he had known the de
ceased for many years and admitted
he was biased in the case. The same
octlon was taken regarding W. P.
Tumple, who said he had already
formed an opinion as to the merits of
the case.
J. L. Stockman, next called, was
peremptorily challenged by the de
fense after having failed to disquali
fy him for cause.
' G. W Oross, a merchant of Athena,
was excused for cause and after
him came J. S. Vinson of Freewater.
who was peremptorily challenged. E
N. Smith and A. Ruppe, the next
well Informed rcgnrdlng the cose
and had formed convictions, Mr.
Ruppe admitting he wns prejudiced
In favor 'if the defense. Both were
excused for cause.
Today's Sewdon.
At the opening of the session at 9
o'clock this morning Victor B. Har
ris was called. Ho Is n farmer living
northwest of Athena and hns been a
Three Land Thieves Convicted.
Omaha, April 19. Thomas
Huntington, A. B. Todd and Fred
Hoyt, real estate and cattle-
men, were found guilty this
morning on 33 counts charging
conspiracy to defraud the gov-
eminent out of public lands. A
motion for a new trial will be
argued June 1.
I 5
personal frU. Vj Tie E.itaa family.
He had beol with a Juror's
subpoena by 0 xaylor, father of
Sheriff Taylor.'Und at thut time and
since had talked of th-i McManus
case frequently. He admitted having-
an opinion already formed re
girding the case and wns challenged
for cause by Colonel Raley.
"Do you think you could lay aside
all that you have read or heard re
garding this case and try !t solely
upon the evidence from the stand
under the law?" Inquired Judge Bean
of the Juror.
"I don't know," answered Harris.
He was then examined briefly by
District Attorney Phelps and as he
was found to be opposed to the death
penalty no resistance to the challenge
was made by the state.
Hutchinson Was Cliosen.
8. P. Hutchinson, . the veteran
farmer from McKay precinct, was
then called. He had talked but lit
tle of the case and his only recent
visit to a Pendleton saloon had been
when as a Juror he visited the Idle
Hour during the Rowley case.. He
showed himself well qualified to
Berve as a Juror and declared that If
he know his own mind he would be
able to try the case entirely upon
the facts brought out in the evidence.
"If at the conclusion of this trial
you found that you could reasonably
acquit the defendant, or you could
reasonably return a verdict of guil
ty, which would you consider It your
duty to do 7" asked Colonel Raley.
This question was at once objected
to by Judge White, who said It was
unfuir to both the Juror and the
state. The objection was sustained.
Mr. Hutchinson was then accepted
by the defense and also by the state
after a little further questioning.
Slinw Had an Opinion.
S. O. Shaw, the Wild Horse farmer,
next called, had read all of the East
Oregoniun accounts of the case and
had also talked with people regard
ing It on numerous occasions. He
had been In the Pullman saloon and
had the scene of the tragedy pointed
out to him. He admitted having con
siderable of an opinion already form
ed anc was challenged for cause by
the defense. The stats resisted and
the court sustained the objection to
the challenge, wherupon . a per
emptory challenge was used by the
defense.
Additional Venire Ordered.
As. Shaw was the last of the avail
able jurors present, a recess was
then taken and tho sheriff ordered to
summon un additional venire of 25,
selecting th- men from those In the
regular panel.
Would Follow Higher Code.
Following the adjournment this
forenoon It was found that T. J.
Comad, a Juror of the regular panel
but not summoned for this case, was
present In the room. Accordingly he
was called to the stand and after
ron.e questioning was accepted by
Mkth defense. However, while being
oximlr.ed by the district attorney he
declared that should he become a
Ju'or In the case he would go accord
ing to fi' "higher law" rather than
tb.-t the .'nrt m'ght hand out to
hlni. He was therefore, excused for
cause.
PROVINCE WILL
T
KNOWN TO EXIST IN
BRITISH COLUMBIA.
Retail and Manufacturing Lumbermen
Confronted With a Sinister Report
by a Special Commons Committee
Coal Miners' Strike In II. C. Adds
to the General Unrest 111 the Prov
ince. '
Vancouver, B. C, April 19. The
special committee of tho house of
commons, which has held an Inquiry,
will report today that a combine ex
ists between the retnll lumber dealers
the Canadian northwest and among
the manufacturers of the Pacific coast.
The government will take steps to
dissolve It.
Strike Situation Serious.
Fernlo. H. C, April 19. The coal
strike situation Is becoming acute.
The miners are quitting Individual
ly, thus evading the lnw. John
Mitchell has advised against the
strike. Transportation difficulties
are Increasing.
TENTATIVE PEACE AGREEMENT.
Nicaragua and Salvador Are Nego
tiating.
Washington, April 19. A tentative
peace agreement In Central America
has been reached by representatives of
Presidents Zolny of Nicaragua, and
Flguera of Salvador, now In session at
Amapala.' . Minister Corea of Nicara
gua, Bends this Information.
Suit to EHtnhllxti Boundary.
A suit wns filed this morning by
O. M. McKenzle against Anna Zlnk
and others to establish a boundary
lino for some land owned by the
plaintiff. The complaint wns filed
hy Peterson, Petoraon & Wilson.
TRUSTS
WIDESPREAD
E
Recorded in Florence, Italy, in
London and Along Eastern
Coast of United States.
WAVE MOTION FROM EAST
TO WEST PERCEPTIBLE
Fears of a Tltnl Wave Along the
Coast of South Carolina Scisino.
graph nt Loudon Records Shocks
Relieved tc Have Taken Place
Over 5000 Miles Away, Prolwbly
In Mexico or South America Flor.
ence Was Badly Stuken Tills Af
ternoon, But Details Are Lacking.
Charleston, S. C. April 19. An
earthquake shock was distinctly felt
here early today, a very perceptible
wave motion from east to west being
noted. No damage of any extent re
sulted, but grave fears are raised
that there may be succeeding and
greater shocks and fear of a tidal
wave following Is also genera.;.
The shock was mostly distinctly
felt at Komervllle, a health resort 20
miles from here, which secm to be
the center of tin seismic agitation.
Earthquake In Italy.
Florence, Italy, April 19. This
city was badly shaken today hy an
eurtt.q jaki
London, April 19. John Milne, tlr.'
seismologist, reports his Instruments
recorded a heavy earthquake be
ginning at 9:10 Wednesday night and
mini miles distant. Probably Mexico
or South America Is affected.
FRICK WOULD BE SENATOR.
Gets Hint Into a New- Class of Com
plications.
New York, April 19. There are ru-
more of rupture between Frlek and
Harrlman on account of Frlck's po
litical aspirations. It is reported
Frlck Beeks to succeed Senator Pen
rose, but cannot get the delegation
unless he becomes a staunch sup
porter of Rooosevelt. Yet he cannot
pose as Roosevelt's friend and remain
In an , alliance with a man so obnox
ious to the president as Harrlman.
Wall street Is watching Pacifies close
ly for results of Frlck's attitude.
nilonsro Wlient Market.
Chlcnpr. Apr'l 19. Wheat opened
77 1-S. closed 7S: corn opened 47
1-S. closed 47 1-2; oats opne-l 43,
(l-.sn.J i?. 8-1.
PENDLETON'S GOOD HOTELS.
Tourist Says lie Hns Never Sncn Such
Excellent Hotels In n Cltv of Tills
Size.
"I hnve traveled 12.000 miles In the
nnst three years through various ports
of the United Stntes and Mexico and
I have never seen such excellent hotels
In a city of this size ns you have In
Pendleton." said G. B. Hnzlett, of Des
Moines, Iowa, this morning while In
the cfty between trains.
"Your hotels here compare favora
bly to those In cities of 20.000 to 26,-
000 people In the central and eastern
stntes and It Is surprising that such
Institutions as you support here are
malntnlned. The service and the ac
commodations are equnl to any hotels
I have seen In any of the smaller
cities anywhere In the United States.
"The opinion largely prevails in the
east that parts of Oregon 1b wholly un
civilized and that In many places the
life1 of a tourist Is In danger, hut I
find the country as well supplied with
the accessories of civilization ns In the
country around Des Moines, Cincin
nati or any other eastern city."
EARTHQUAK
EDDIE DAVIS MISSING FOR TEN DAYS
What haB happened to Eddie Davis,
18-year-old son of Mrs, Charles Davis,
of Pilot Rock? He has been missing
since April 9, and from the circum
stances surrounding his disappear
ance It Is feared he has been drowned
In Meachnm creek or the Umatilla, or
else has been hurt while riding In the
mountains.
Young Davis has been employed for
two months past rn the ranch of B.
F. Brown on Menchnm creek. A week
ago last Tuesday he left the ranch
and wns supposed to hnve brought
some butchering tools from the rnnch
to Blnghnm Springs station for ship
ment to this place. However, the
tools never nrrlved here, nor has the
boy ever returned to the Brown rnnch.
Also, It wns thought for a time he hnd
ridden over to ijnother place In
Thome Hollow, but upon Investigation
It wiir lenrned he hnd not done so.
Learning of the disappearance of
her son, Mrs. Davis of Pilot Rock,
came in from that place today to see
T
Expounds the Aministration's
Views in Re the San Fran
cisqo Problem.
4
WITH AMERICAN SOCIETY
OF INTERNATIONAL LAW
First Session of Society, Attended by
Many Representatives of Foreign
Governments Root Declares Trea
ty of 1891 With Japan Has Been
Persistently and Hopelessly Misin
terpreted Iiuists that If There Is
Discrimination it must be Against
AH Aliens on Equal Terms.
Washington, April 19. The first
meeting of the American Society of
International law began this morn
ing. President Ellhu Root discussed
with frankness what he called the
"Real questions under the Japanese
treaty and the Sun Francisco school
hoard resolution." Many representa
tives of foreign governments were
also present.
In part Mr. Root sold:
There was a very general misap
prehension of what the treaty of
1S94 really undertook to do. It was
assumed that In making and assert
ing tho validity of the treaty of 1834
the United States was asserting the
right to compel the state of Califor
nia to admit Japanese children to Its
schools. No such question was In
volved. That treaty did not, by any
possible construction, assert the au
thority of the United States to com
pel any state to maintain public
schools, or to extend the privileges of
Its public schools to Japanese chll
'.rnii or to the children of any alien
residents.
The treaty did assert the right of
the United States, by treaty, to as
sure to the citizens of a foreign na
tion residing In American territory
equality of treatment with the citi
zens of other foreign nations, so that
If any state chooses to extend priv
ileges to alien residents as well as to
citizen residents, the state will be
forbidden by the obligation of the
treaty to discriminate against the
resident citizens of the particular
country with which the treaty Is
made, and will te forbidden to deny
to them the privileges which It
grants to Mie citizens of other for
eign countries.
The effect of such a treaty, In re
sport to education, is not positive
nil compulsory; It Is negative and
prohibitory. It is not a requirement
that the state shall furnish educa
tion; It Is a prohibition against dis
crimination when the state does
choone io furnish education. It
leaves every state free to have publio
schools or not, as it chooses, but It
sey, tr every slate: "If you pro
vide a r.vtem of education which In
cludes alien children, you must net
exclude these particular alien chil
dren." The Other Side Tonight.
Washington, April 19. The law of
the aml-ndmlnl8trntion side of the
'Frisco question may he presented
tonight, when Richard Olney dis
cusses the rights of foreigners In the
United Slates In ease of a conflict be
tween the federal treaties and ste.t
laws.
Other speakers will be Prof Wll
loughhy, John Hopkins, Dr Draper
l ev Is of the University of Pennsyl
vania and Prof. Gregory of Iowa.
DELMAS WITHDREW.
Could Not Longer Put Up With
Thnw's Erratlclsms.
New York, April 19. Del inns to
day gave out a statement saying he
what could be learned. She was ac
companied by her brothers, the two
Royers, and by her other son, Will
Davis. All the members of the fnmllv
nre worried over the strange disap
pearance of the boy and are unable to
nccount for the cause. According to
Will Davis, his brother, he has work
ed out for several years, and while
young Is thoroughly capable of taking
care of himself In the mountains or
elsewhere.
In making the trip young Davis Is
believed to have started upon It would
have been necessary for him to have
forded Meacham creek or the Uma
tilla several times. In view of this
nnd the fact that the streams are now
both high, It Is possible he nnd his
horse were swept down nnd drowned.
However, no trace of the body of
either has been found.
Young Dnvls was a sober, Industri
ous boy of good chnrocter, nnd this
fact makes his relatives all the more
alarmed over his disappearance.
0
DISCUSSES
JAPANESE
SS
withdrew from the Thaw case despite
the urgent appeals of Thaw's rela
tives to remain in charge, because he
thought It beneath his dignity as an
attorney to conform to the demands
of an erratic prisoner.
BODY IN THE COLUMBIA.
Wallula School Boy Found Floating
In the Stream.
Walla Walla, April 19. Coroner
McMartln made a flying trip to Wal
lula last evening and returned to this
city at 10:30 with the body of an un
known man found floating In the Co
lumbia river near the ranch of John
T. Groswold.
Yesterday morning before going to
school the young 14-yearlold son of
Mr. Grlswold went to the river to take
a sail In his boat and discovered what
he believed to be a man floating In
the water. The lad called his father,
who secured the body and anchored
It to a large rock by tielng a' rope
around one foot.
When the coroner reached the scene
the body was still In the water, and it
was thought not necessary to hold an
Inquest as the cause of death was ap
parent. There are no marks of viol
ence of any kind and from the condi
tion of the body it Is believedi by Mr.
McMartln to have been In the water
about three weeks.
TAFT AS REPUBLICAN CHOICE.
God Asked to Help Out the Combina
tion In 1H0S.
Kansas City, April 19. Rev. .las.
Schendell. pronouncing the benedlc-
tlcn at the republican banquet last
night said:
"May God in his providence will
that the banner be lifted aloft at the
next republican national convention
to be borne to triumphant victory,
Hhall bear the motto of the square
deal and William H. Taft for presi
dent."
ILOILO FIRE SWEPT.
20,000 Filipinos of Panay Said to be
Homeless.
Manila, April 19. Hollo, Island of
Panay, Is fire swept, it is feared with
heavy loss of life. Twenty thousand
are homeless. The authorities have
control.
FIRE FOLLOWS .AN EXPLOSION
Damage to Buildings nnd Vehicles
Estimated nt 1370,000.
St. Louis. April 19. The gasoline
tanks of the Mississippi Valley Auto
mobile company exploded this morn
ing. The garage Is a total loss, valued at
$20,000, while J250.000 worth of the
most e5:penslve automobiles were de
stroyed. BLIZZARD SWEEPS MONTANA.
Heavy Loss to Sheepmen Is Feared if
Storm Is Protracted.
Butte, Arril 19. A blizzard is
sweeping southern Montana, threat
ening, heavy lambing losses should
the storm be of any duration.
T
ACCUSED OF WHOLESALE
LAND FRAUDS IN IDAHO
nld to Have Acquired Timlier Lands
for One-Tenth Their Value Has
Patents to 40,000 Acre Which Cost
t''c Company 2.50 Per Acre, and
Hns Preliminary Claims Upon
Other Vast Tracts.
Poise, April 19. A suit wns filed
In the United States circuit court
last night by the government against
tho Briihcr Lumber company to set
niddc rver 200 patents Involving 40,
001) acres of timber land in Boise
couu'y, which cost the Barber peo
ple 10,000, or $2. Ed per acre.
Fraud Is the basis of action. The
land nnd timber involved is valued
at Over 11,000. 00d.
Other lands not yet patented by
tho company will be held, for can
celation of entries.
The suit Is the result of years of
Investigation hy government special
agents.
Robbers Get $5000. .
Weston. III.. Anrll 19. Rohbera
early this morning blew the safe of
the Weston Banking company and
escaped with $5000. A posse Is In
pursuit.
Ycstcrdny's Baseball Scores.
San Francisco, April 19. Portland
fi, Oakland 4.
Tins Angeles, April 19. I.os An
geles I, San Francisco S.
liendlock In Wisconsin.
Madison, Wis., April 19. The senn
torlul deadlock continued today with
out mnterlnl chnnge. The legislature
adjourned until Tuesday. A republl
can caucus took 15 fruitless ballots.
BARBER
COMPANY
MUST STAND
CHOSE TEACHERS
FIXED SALARIES
School Board Makes an Early
Start on Next Year's Edu
cational Campaign.
GENERAL ApVANCE IN
SALARIES AGREED UPON
Superintendent Landers Will Receive
$200 Per Ar.nnm More: the Grade
Teachers $3 More Per Month
Not a Change Was Made in the
Personnel of the Teaching Force
Board Last Night Ordered $1000
of Bonds Called Severn! Cases of
Matrimony Are Expected to Devel
op: At a meeting of the school board
held last evening the entire corps of
teachers now engaged in the city's
schools was re-.elected with increas
ed salaries. That of Prof. Landers,
elty superintendent, was increased
from J1S00 to J1800 per year, while
a general advance was also made in
tho teachers under him. The pay of
the grade teachers was Increased $5
per month.
The action of the board in retain
ing the entire present force Is a
strong compliment to the teachers
and shows the appreciation in which
they are held by the members of the
board and the city superintendent.
According to I.eeTeutsch, president
of the dtotT all ills teach- have
been re-elected in good faith and the
boaid desirs each teacher to con
tinue in his or her work.
The meeting last night was held In
the office of H. E. Bickers, school
clerk, and was attended by the five
members of the board and Superin
tendent Landers. The retention of
the present force of teachers was In
accord with the Ideas of Prof. Lan
ders. The professor left the meet
ing before the adjournment was tak
en and it was after his departure that
the board voted the 1200 advance in
his salary, which action was taken
voluntarily by the board and without
the knowledge of the superintend
ent. This afternoon Prof. Landers stated
that he would continue his services
as superintendent at the Increased
rnlnrv off-red and also expressed
stlrfactlon over the retention of the
other teachers. With but few ex
ceptions all of the teachers will ac
cept another term. Several of the
present force are understood to be
contemplating matrimony, and from
them resignations are expected.
Those who will be unable to teach
next year for that or other reasons
are requested to so Inform the board
immediately.
t the meeting last night
board Instructed Clerk Bickers to
call 1000 worth of the present school
bonds.
The following Is a complete list of
the present corps of teachers nnd
which has hern retained for another
year:
Jrof. J. S. tjanders, elty superin
tendent
High School Prof. A. K. Harrison,
prlnetr.al: Wm. Chrlstenson: W. F.
Fargo. I.nu M. Conklln. Miss Maud
Davis, Vlss Fllznbeth Frley.
East End School Miss Clara B.
Carpenter. principal: Miss Sadie
Bourn, Miss Pt-lla Marple. Mls Eva
Fronme. Miss Neva I.nne. Miss Edyth
Eprle nnd Ml-s rirace Miller.
West End School Miss Mnry Rlt
rer. principal: Miss Alma Harris.
Miss Bessie McDanlel, Miss Majorle
Cnnfletl, Miss Viva Warren. Miss
Ollta P. Conloy, Miss Veva Gardner.
Mi Fnnrer Fltz lernld.
Field School Miss Rozene Epple.
principal, Miss Cora Sullivan, Mrs.
Fvn McQueen.
North Side Miss Mary Quick
principal: Mrs. M. Loiilse Welles.
Miss Roberta Rlppey.
15-Yeur-Old Boy Murdered.
Wllllamgton, Del., April 19. Robert
Brown, aged 15 years, was shot dead
ns he lay on his bed this morning.
Three men have been arrested. Cause
of the murder Is unknown.
Fnmlly Stricken With Diphtheria.
Prescott. Wash., April 19. Mr. and
Mrs. Ely Keith nnd little child all
hnve diphtheria. There are the pa
rents of the young lady who died here
with this disease last Friday.
Alleged Plot to Kill Roosevelt.
Xewnrk. X. J., April 19.
United States secret service men
nre Investlgntlng a story of an
alleged nnnrehlstlc plot to ns
sssslnnte Roosevelt. It Is said
thut certain Pennsylvania
miners nre Involved, with head
quarters at Hazelton.
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