East Oregonian : E.O., April 24, 1907, DAILY EVENING EDITION, Image 1

Isn't It better to know thing! about
I prices than to guess, wonder and I 1 ' l V I . W. I Bv ' ,
I fret? Then It's worth while to II a- f&tf!"-itty4 ' mmmmjrJ
YV RATHER FORECAST.
Fair tonight and Thursday.
' ; ' ; ; 1
VOL. 20. ' TENDL1 ! , OREGON, WEDNESDAY, APRIL 24, 1907. . NO. 5960
, 1 3 - .
IQDIDRl'IiS
THINK HE SHOT?
Only a Portion of the Evidence
is Direct That He Knew He
Had Killed Estes.
60ME SUPPOSED HE THOUGHT
HE HAD KILLED M'CARTV.
Latter Was Arrested a Few Days Prior
to Killing, Cliargcd With Robbing
McManus, Who Claimed Repeatedly
Tliut Ho Had Done So Officer
', Waters Testified Mrs. McCarty Had
McManus' Watch, Ostensibly as Se
curity for Room Rent in Idle Hour
Lodging House.
Because of Illness on the part of
Dyke Mumford, one of the state's
witnesses, an adjournment of court
was necessary this afternoon and the
McManus case will not be taken up
again until 9 o'clock tomorrow morn
lng. At 11:30 this morning the state de
sired to place Mumford on the stand,
but as he was not present the noon
recess was taken with Instruction to
meet again at 1 o'clock. At that time
District Attorney Phelps reported
Mumford to be so 111 that his physi
cian did not consider it safe for him
to appear In court, though he could
probably do so tomorrow morning.
Mr. Phelps also said that the state
had a few more witness and that he
desired all of them to follow Mum
ford on the stand. As the defense al
so wished several hours in which to
prepare their testimony, Judge Bean
declared a recess until tomorrow
morning. The members of the Jury
were assigned to the care of the ball
Iffs upder former Instructions. They
will not be allowed to separate or
talk with other parties except upon
permission from the court and the
attorneys;
In the cross-examination of the
state's witnesses Colonel Rnley acted
for the defense today In place of
Judge Fee, who had previously filled
the role of Inquisitor.
The long, blue-barreled revolver
which caused so much trepidation
when Introduced In evidence jester-
day while loaded, and which called
forth so much admonitory advice from
the judge and counsel, and much side
stepplnc ind nervousness when it was
familiarly handled by OrvIHe Corr.
man while identifying It as the -vea-
pon which he had taken from Mc
Manns, was finally disposed of when
court opened this morning. Judge
Bean, without warning to the attor
neys In the case, boldly advanced and
grasned the weapon and ejected all
the loaded shells, with but feeble re
monstrance on the part of Judge Fee
A sigh of relief went up from those
In close proximity to the reporters'
table as the feeling of Impending
doom was removed, and the first wit
ness was called.
Bert Wilson.
The prosecution proceeded by call
ing Hert Wilson, who testified that
he was In the saloon business and
that at the request of Coffman he as
sisted In the placing of the prisoner
In the city recorder's office.. The
valuable part of the testimony of the
witness was in the statement of the
conversation of McManus while on
the way to the Jail. Wilson was pos
itive that the defendnnt had repeated
ly stated that he had killed Bob Estes,
claiming that Estes had robbed him
of money. All preceding witnesses
had testified that McManus hd only
stated that some one had robbed him,
and this was tho first witness who
heard and swore thnt McManus charg
ed the robbery to Estes.
On cross-examlnntlon by Colonel
Raley, Wilson testified that McManus
said that Estes had robbed him twice
and was attempting to rob him again,
but that he was prepared for him.
E. F. Averlll.
E. F. Averlll, city editor of the Tri
bune, next took tho witness stand.
His knowledge of the case came from
tho conversation he heard McManus
mnke, shortly after the shooting, In
the recorder's office.
"Bert Huffman and I," testified
Averlll, "went Into the office together
and Huffman said, 'What have you
dono, Mac?' 'T have shot the son of a
. He had robbed me twice and
was trying to rob me again.'
"McManus," continued the witness,
John Mitchell Is Very Sick.
Chicago, April 24. John
Mitchell, president of the Unlt-
ed Mine Workers, is a very sick
man, being tnken ill en route
east. His wife has been sent
for. Dr. McCleary, attending,
after an examination this morn-
lng, said an operation will be
necessary to save his life.
Mitchell is suffering with stran-
gulated hernia.
said he would tell all about it, and
said that a man hud robbed him of
his watch and about JOO."
Averlll then testified that McManus
said that he came to town and was
standing on a corner and that ono of
his friends came up and asked him
to go have some oysters with him.
That it was while talking to this
friend that this man, who had robbed
him first, butted In; that the- third
party then followed him around all
afternoon and that they finally went
Into a saloon together and McManus
bought him a drink and the party then
tried to rob him.
"McManus In his conversation did
not mention the name of the man
whom he claimed had robbed him,
but made the statement, 'I have killed
the son of a , and hope he dies,
and I am willing to answer for any
thing that I did,' " related the witness.
Averlll thought that McManus was
Intoxicated and said that he was ex
cited and did not talk very distinctly.
McCarty In Lime Light
The state now called several wit
nesses who testified In regard to a
certain Mike McCarty. They showed
that McCarty had been frequently
wtlh McManus and was a rough char
acter and was arrested charged with
robbing McManus on Sunday night
preceding the night of the homicide.
but that no information was filed
against him.
Will Sturgis.
Will Sturgis opened a new line of
evidence by stating that he was In
the State saloon with McCarty when
McManus came in and that they all
had a .drink together. That he knew
but little about McCarty. He had
only heard that McCarty had been In
trouble over misdemeanors.
Jog Partes.
Justice Parkes, Justice of the peace,
told how McManus had come before
him and wanted McCarty arrested for
robbing him. Mr. Parkes advised
him to go before the district attor
ney and make complaint. This, the
Justice said, the defendant did not
want to do. McManus might have
been there twice for the same pur
pose, said Parkes, but he was not
certain.
He said that McManus was up to
his office with Fl Waters, the night
watchman, on Monday preceding the
murder, which occurred on Saturday.
That McManus made the statement
that it was McCorty who robbed him
Fl Water.
Fl Waters then took the stand and
told the Jury that McManus came to
him and said that McCarty was try
ing to rob him. Waters said that he
went un stairs Sunday night In the
Idle Hour rooming house, and found
McManus In bed. He searched his
clothes and found but 10 cents. While
he was going np stairs he saw Mc
Carty stick his head out of the win
dow. so he went into his room. He
said that McCai-ty was one of the sus
picious characters about town and
that his room wns near that of the
defendant. While In the room of Mc
Carty Mrs. McCarty came in with the
watch which 'belonged to McManus
and when asked where she got It, said
it had teen put up as security for
room tt'. ,
The nlu!r. nf.'lrer arrested McCarty
and held him In Jail until sometime
Tuesday evening. This was on Sun
day night about 1 or 2 o'clock, the
(Continued on pace 8.)
OXE STRUCTURE FOR THE
TROLLEY LINE BUSINESS.
Will Be Centrally Located, to Re Easy
of Access to People of Both Burgs
Bowman Springs Will Bo .Pur
chased for City Purposes, Water
Supply to Bo Supplemented by Tap.
ping the Walla Walla River,
Milton, April 24. The Walla Walla
Traction company, which Is operating
an electric line from Walla Walla to
Milton' and Frcewater, will at once
commence work on Its passenger and
freight depot for Milton and Free
wnter, one building to serve the two
cities, and it will be located about
midway between them In North Mil
ton, near Russell and Ward streets,
Another similar stiucture will be
erected later In the southern part of
the city, and will probably be used
for the better accommodation of the
farmers shipping over this line from
that part of town.
To PiirchaHc Bowninn Springs.
At a meeting of the city council It
was decided to purchase Bowman
springs, so that Milton's water system
will be extended to the springs a little
more than a mile above the city. A
reservoir will be constructed Into
which the springs will run, and the
Walla Walla river will be tapped be
yond for an auxiliary supply at the
height of the Irrigation season, Mil
ton will In the future have pure spring
water for city use.
The Columbia River District con
ference of the Free MethodlBt church
Is being held this week at Spokane,
presided over by Rev. B. R. Jones of
Jackson, Mich., assisted by the Spo
kanc pastor, Rev, O. F. De Foe.
FREEWATER AND
MILTON STATION
nnn
RESPONDED
ills.
.LI
Makes Reply to Their Indignant
Concerning
UUlP
LEADERS
Gompcrs Side Stepg Other Fcilcratl onlsts are Indignant Employers' As
sociation Officials Generally Arc Pleased Roosevelt Manages to
Evade Direct Expression Concerning the "Desirability" as Citizens
' Because They May Belong to Labor Unions "Moyer and Haywood
Representative of Apologists for Bloodshed and Violence."
Washington, April 24. Gompers
is the first labor leader of the coun
try to read the president's letter re
garding Moyer, Haywood and Pettl
hone and said:
'It Is a remarkable document. I
am not In a position to make a state
ment now while the discussion is at
Its heat." He believes the letter of
the president Is his final word on the
subject. No labor delegation Is
likely to be received by Roosevelt to
further discuss the question.
Mixed Opinions In Kansas City.
Kansas City, April 24. W. W.
Stntts, president of the Allied Print
ing Trades council of this city, said:
'The Roosevelt letter has established
a precedent extremely unfair to or
ganized labor."
J. P. Prescott, president the Em
ployers' association says: "The pres
ident Is right where he said labor
should eliminate undeniable citi
zens." B. C. Brady, organizer for the In
ternational Typographical union.
says: "I believe the president will
not oppose organized labor. He con
demns the men for their personal ac
tions, not affiliations. He is en
titled to his opinion. He Is too
broad minded to condemn a man be
fore he Is tried."
Capitalists Will Not Talk.
Chicago, April 24. Capitalists
when approached for their views re
git f ding the Roosevelt letter today
refrain from expressing opinions.
John Fltzpatrlck, president of the
Chicago Federation of Labor, said,
"Our resolutions previously sent to
the president express our opinion,
which Is unchanged. Roosevelt may
criticize Harrlman and Debs. They
are at liberty.. Roosevelt should not
Indiscriminately criticize men on
trial for their lives."
Colorado .Man's Expression.
Chicago, April 24. Edward Bes
sette, vice president of the Colorado
Federation of Labor, this morning
said: "I would rather trust the future
of the eountvy to men like the defen
dants than to the gentleman In the
White House with the big teeth and
big stick for the laborites, but a big
mitt for the corporations during cam
palgns."
Railroaders Arc Satisfied.
Washington, April 24. S. B. Ha
mcr. chief conductor of the Order of
Railway Conductors In West Virginia,
and E. M. Graham, attorney for the
order, discussed the Moyer-Haywood
cose with the president today. The
president reviewed the situation with
them and demanded the defendants
be brought to trial like any other
prisoners. The visitors expressed en
tire approval of the president's
course.
"Insult to Organized Labor."
Denver, April 24. John M. E
Xelll, editor of the Miners' Magazine,
says: "The president's letter Is an
Insult to organized labor all over the
country. It tears from Roosevelt's
face the mask of hypocrisy and shows
him as an ally of Standard Oil, whose
magnates yearn for the official mur
der of the defendants."
Roosevelt Prejudges.
St. Paul, April 24. Q. C. Collins,
president of the State Federation of
Labor, says: "Roosevelt Judges be
fore the trial and convicts on hear
say evidence. He assassinates citi
sens' character without regard to
FISHMAN & PETERS
By a deal that was concluded today
the Pendleton Steam laundry has
been sold by Flshman & Peters to H.
H. Nolen, of Carroll, Iowa, The new
proprietor will take charge of the
business in the Immediate future and
with his son, R. E. Nolen, will con
duct it hereafter. Charles Flshman,
senior partner In the old firm, has
not decided what he will do In the
future, but in all probability will
leave Pendleton about June 1. Will
Peters, the other member of the old
firm, Is Intending to go Into the ice
business In Portland, where he has
an uncle so engaged.
TO
DEMANDS
Protests About His Strictures
Moyer Et Al
facts. Debs, Moyer, Haywood and
Pettibone are not undesirable until
proven so."
"Overstepped the Mark."
Omaha, April 24. Dahiman, the
cowboy mayor, says: "Every man Is
regarded as Innocent until proven
guilty. I think the president over
stepped the mark here as he has be
fore. His remarks are certain to be
detrimental to the defendants."
St. Paul Man Also Prejudges.
St. Paul, April 24. The concensus
of opinion of four of the biggest
wholesale merchants of this city Is that
Roosevelt Is Justified and to be con
gratulated on the stand taken. Al
bert Llndeke said: "The defendants
deserve no more than a fair trial,
There Is no reason why the president
should not answer bitterly those try
ing to defeat Justice."
Full Test of Roosevelt's Sidestep.
Washington, April 24. In a letter
addressed to Honore Jackson of Chi
cago, chairman of the Cook county
Moyer-Haywood conference, was
made public last night, in which
President Roosevelt replies to the
criticisms of his recent letter In whichj
he referred to Moyer and Haywood
and the officials of the Western Fed
eratlon of Miners, charged with impli
cation In the Steunenberg murder, as
"undesirable citizens.'.'
The president says he regrets that
any body of men should so far forget
their duty to their country as to, by
formation of societies or In other ways
endeavor to Influence Justice and co
erce a court or Jury: that they, not
he, are trying to Influence Justice and
he condemns what he calls their fla
grant Impropriety in the matter. He
says he indicated no opinion as to
the guilt of the arrested persons, but
it was a simple absurdity to assume
that because a man leXrn trial he is
free from criticism as to his manner
of life.
Does Not Withdraw.
He says he might as well be ac
cused of trying to influence the suits
against Harrlman, son'e of whose
friends had also criticized him. He
said that Moyer and Haywood stand
as representatives of those men who
have done as much to discredit labor
movements as the worst speculative
financiers or the most unscrupulous
employers of labor and debauchers of
legislatures have done to discredit
capitalists and fair dealing business
men.
He says that Moyer and Haywood
stand as representatives of those who
habitually appear as guilty of Indict
ment to, or apology for bloodshed
and violence.
He added that he Is profoundly in
different to the condemnations of
him for his criticism of the undesira
ble type of citizens, regardless of the
power of either labor or capital.
NAT HALL UNDER ARREST.
Man Who Killed Enland With Red
Hot Iron.
La Grande, April 24. Nat Hall,
charged with the murder of one En
land, at the Indiana mines last Wed
nesday, is now lodged in the county
Jail In this city. Sheriff Childers ar
rived Inst evening from Baker City
with his prisoner and to say that Hall
is suffering mental agony is stating
It mildly. Ever since the death of
Endland, which occurred Saturday
noon, Hnll has been stricken with
conscientious grief.
At pre"nt the story for the ground
for attack is that inland, who had
HAVE SOLD LAUNDRY
Two years ago on April 1, Messrs.
Flshman & Peters bought the Tendle
ton laundry from Joe Hoeh and have
conducted a very successful business
since that time. By the terms of the
trade made with Mr. Nolen, the lntter
secures all of the laundry plant, to
gether with the bu'lness. present help
and good will of the establishment.
Both Mr. Nolen and son have been
extensively engiged In the laundry
business In Iowaiind consequently are
experienced men) in the business.
They came wes
for tho purpose of
finding a new location and feel that
they have done
well In securing the
Pendleton laundry.
charge of the Burleigh drills at the
Indiana, mines, kept up an Incessant
word battle over the Inefficiency of
the work done by Blacksmith Hall.
Drills were never sharpened satisfac
torily and, In fact, every piece of
work done by Hall was generously
criticized by Enland. The rumors go
on to say It was in a fit of anger
brought on by aggravated word as
saults that Hall slezed a hot drill
from the fire and struck Enland over
the skull, causing his death in three
days.
SPRING TERMS PUBLIC SCHOOL.
Contracts for Five Schools of Three
Months Each.
At this time of the year many of
the country schools in this county
commence upon their spring terms.
In some instances three months In the
spring is the only school taught.
while In many cases three months'
school Is held in the fall and the
same length of term In the spring.
The following new contracts have Just
been filed with Superintendent Frank
K. Wells:
H. D. D. Whlttaker, to teach for
three months in district 64; salary.
JoC per month.
George Hansen, to teach for three
months In district 63!" salary, 140
per month.
Miss Ellen Canfleld, to teach for
three monthes in district 34; salary,
$B0 per month.
Miss Ida Hendrickson, to teach for
three monthes in district 95; salary,
145 per gionth.
Miss Rosa Lee, to teach for three
months In district 21; salary, $50 per
month.
CONTEMPT CASE AT BOISE.
Yost Is Accused of Tampering With
Jury in Moyer Case.
Boise, April 24. In the district
court this morning W. M. Tost ap
peared in answer to a citation to
show cause why he should not be
held for contempt The citation is
based on an affidavit by Juror Wag,
ner of the regular panel, who said
Tost tried to discuss the Moyer
Haywood ease with him, and tried to
draw out an opinion. The defend
ant was represented by Nugent and
Miller, the federation's attorneys.
who filed a motion to quash the af-
fiaavlt on the ground that it did not
stiRtaln any offense. The court took
the latter under advisement
Body of Women Picked Up,
Ludington, Mich, April 24. The
body of a young woman wearing
lire preserver marked Arcadia, was
picked up three miles off shore this
morning. She was evidently the cook
of the ill-fated steamer.
Raymond Team Runs Away.
This afternoon a short runaway oc
curred on Webb street when the fine
black team belonging to Fred Ray
mond became frightened at the W. &
C. R. train and started to dash down
the street. At the corner of Webb
and Garden street the team and surrey
collided with a telephone post and
the' horses were forced to stop. No
one was Injured by the accident,
though the surrey was damaged some
what TO
TWO SQUARE MILES WILL
ALLOW FOR EXPANSION.
Rapid Growth of tho Town Makes
Incorporation an Essential of Pro
gressIncrease in School Popula
tion Almost Exactly 1000 Per Cent
During Past Year, Drawing Heavy
Per Cent School Money.
Hermiston, April 24. There Is a
movement on foot here to incorporate
the town one mile wide and two miles
long. At a meeting of the Hermiston
Commercial club held last evening this
matter was discussed, and it is the In
tention of the citizens to push the
matter right through. Another meet
ing has been set for this purpose.
Hermiston Is growing so rapidly
thnt it is considerably handicapped
because It is not Incorporated at this
time, and the residents of this place
feel that It cannot be done too soon
for the general welfare of all con
cerned.
Astounding School Growth.
Because of Hermlston's rapid
growth in tho last year the school
district there was enabled to draw
money at the last apportionment upon
the enumeration taken this year. By
the terms of the state law a district
draws money upon the number of chll
dren shown by the enumeration of the
preceding year, excepting where the
Increase has been 100 per cent or
more. Lost year Hermiston reported
but six pupils of school age and this
year the enumeration was 59, thus
making a tremendous gain.
Consequently the district was able
to secure several hundred dollars ex
tra school money and In accordance
with the law Superintendent Welles
allowed the same.
HERMISTON
INCORPORATE
31
Resolution to That Effect Will
Be Presented in Council
Tonight by Renn.
SPECIFICATIONS AND
TERRITORY GIVEN BELOW
Thlrty-SU Feet of the Center of Each
Street to Be Paved, Guttering; and
Curbing Not to Be Imposed
Scheme Will Bo Carried Out Un
less Sufficient Number of Legal
Remonstrants Protest Within 10
Days Estimates Are That Maca
dam Will Not Cost More Than $40
Per 50-Foot Frontage.
Plans for the macadamizing of the
residence streets of the city have now
been worked out by the council and
tonight Councilman Renn, chairman
of the streets committee, will Intro
duce resolutions calling for the Im
provement of 31 blocks during the
coming spring. There is little doubt
but that the resolutions will be adopt
ed by tho council and the proposi
tion will then be carried out at one
unless a sufficient remonstrance be-
made by the property owners in
volved.
By the terms of the resolutions now
drawn, East Court street is to be
macadamized from Mill street to the
Byers' mill race, a distance of eight
blocks. West Webb street is to ba
macadamlzed from the O. R. & N.
railroad track to the western termin
us of the street, a distance of It
blocks. West A1U street is to be
macadamized from the east line of
Garden street to the west line of
Chestnut street, a distance of 13
blocks.
The specifications glvon. in the
resolutions call for the improvement
of the streets for a distance of 1$
feet on each side of the center Una
of the street Macadam. Is to be
used, being placed nine inches deep
at the center of the street and six
inches deep at the outer edge. No
curbs are to be constructed, the ma
cadam Joining directly with the
earthen strip along the side.
Good, But Cheap.
"Wc have considered the matter
very carefully," declared Councilman
Renn this morning, "and I believe
that the. plan now In view will fur
nish a good, substantial street for
the residence sections and vet he
cheap enough so that no objections
can be made by the property own
ers. While it is Impossible to state
Just what the Improvement will cost.
It will be In the neighborhood of $40
for each B0 feet of frontage. I
that no remonstrances will be start
ed and that the council will be able
to proceed at once to advertise for
bids and let the contracts.
In selecting the bfocks to be naverl
the councllmen have also tried to
avoid obstacles. According to Mr.
Renn It Is the purpose of the coun
cil to take up the matter of more
paving as soon as the new charter
has been adopted. It is proposed to
pave several blocks on West Court
street, and also for a block on West
Alta. The paving of Webb street of
fers a serious problem because of
the
w. c. K. track.
under the present charter the
council may pass a resolution propos
ing to imrrove certain streets or sec
tion there of and If a remonstrance
is not received within 10 days it may
let the contract for the work and
acquire a lien upon tho abutting
property to cover the expense of th
Improvement,
Three Girls Killed.
Millville. N. J., April 24. Three
girls employed lr. the glass factory of
T. C. Wheaton 4 company were kill
ed today by the collapse of a smoke
stack. Chlcngo Wheat Market.
Chicago, April 24. Wheat opened
78 7-8, closed 79; corn opened 484,
closed 48 7-8; oats opened 44, closed
43 3-4.
Two states Kansas and Califor
nia at the last sessions of their leg
islatures passed bills which are now
laws, prnl'lhlting secret society's in
high schools.
I. W. A. Will Meet Saturday.
Hon. C. A. Barrett, president
of the Inland Wheatgrowers'
Ofcsoclution, has called a meet
lug of that organization for
Saturday, April 27. The meet
ing will be held In the Com
mercial rooms. Tho purpose of
the meeting is to take up the
stock which was subscribed
for some time ago.
SOI
BLOCKS