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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (April 26, 1907)
A- TffiWW I 0A1LYEVENINGEDITI0N Isn't It better to know thing! about prices than to guess, wonder and (ret? Then It's worth while to read the ads. WEATHER FORECAST. VOL. 20. iENDLETON, OREGON", FRIDAY, APRIL 2, 1907. NO. 5962 BMsflBMBDHnsV 1IMIllJHIIllllll9lllZl D SUSKBStKKnKBS B Falr tonight and Saturday. TEST MONY Judge Bean Ruled That Estes' Reputation for Honesty May Be Impeached. IX OTHER. REGARDS DEFENSE liOST THEIR CONTENTION AVere Not Allowed to Introduce Tes timony Which They Allege Would Prove Much Discreditable to Fstes A-iido IYio Mere Question of Hon esty Much Parleying and Debat ing Between the Attorneys, Who Argued Many Objections Pro and Con Many Witnesses Examined. In the McManus trial the defense has been continuing Its testimony to day, and from present appearances the case may not be ready for argu ment before tomorrow afternoon or posubly Monday. During the fore noon today moat of the witnesses were culled for the purpose of testi fy i"g a to the bad reputation of Dob Estes us to his honesty. However, nene nt them went permitted to go Into Jetall as to the life he led. This afternoon the defense began by calling physicians to testify as to xne probable attitude of Estes when shot I Motion Partially Sustained. The motion which had been argued for two hours yesterday afternoon, when It was attempted to admit tes timony In regard to the character of Bob Estes, was ruled upon at t o'clock by Judge Bean. The judge held Hint the question as to character whs too general and sustained the objection. He stated, however, that t would be proper to admit evidence mere special In Its nature and which would tend to show reputation as to l.onesty. The court then adjourned until this morning. Deputy Marshal Short on Stand, Deputy Marshal Short was on the stand during the argument yesterday afternoon and again took the stand this morning. The officer said he had known Es tes since 1894. Objections by the prosecution to all questions regard ing the occupation of Estes were Bus tallied. "I will ask you to state what tlM reputation of Bob Estes was In . re gard to being a dope fiend," Bald Judge Fee. The court would not permit this question to be answered. Judge Fee gave as his reason for asking this question that he Intended to show by scientific experts thnt a man who was a dope fiend was also a thief. Tilt Between Counsel. The argument at this loin be tween the counsel became somewhat heated und there was n lively tilt be tween Judge Fee and district Attor ney Phelps. The controversy was wns brought on by Judge Fee wishing to mnke a statement of what he wished to prove. In order that It might go Into the record. Mr. Phelps objected to statements as to the character of Fstes, which the de fense wanted to prove, being made before the Jury and claimed that It was an attempt on the part of Judge Fee tti get the Information to the Jury. On the motion of Mr. Phelps the court Instructed the Counsel thnt If he wanted to make a statement of that character for the record he could do so by withdrawing from the room out of the hearing of the Jury or tender It Jn writing. To this withdrawal Judge Fee very strenu ously objected. The court permitted the statement ns to what the defense wanted to prove to be made In an undertone to the court reporter at one side of the room. Further questions were asked In regard to the character of the de- censeJ and the court made clear his ruling of yesterday, holding that only testimony could be Introduced which tended to explain, some fact already In evidence. The court would admit only char acter evidence to prove what' reputa tion Estes had for honesty and In tegrity In so far as It touched lar ceny. Five Killed, Fifteen Injured. Seattle. April 26 A tele- phone from Black Diamond savs an explosion took place In tne Pacific Coast Coal com- pany's mlno this morning. Five are known to ho dead. One body was recovered. The ex- plosion was 1500 feet below the surface, while the day shift was descending, and the supposed cause was a cave-In during the night,' resulting In an accumu- liitloii of gas. Fifteen are se- r'ouely Injured. R. S. Cayou of North Taklma, who had known Estes seven years- ago, was asked the same questions that were put to Short. The same objec tions were sustained and the state ment of what the defense wished to prove by the witness was again dic tated aside to the court reporter, "What wns his reputation for be ing a law abiding citizen?" was ask ed the witness. The objection to this question was also sustained. Character Witness Plentiful. The defense had a long list of wit nesses ready to prove the character of Bob Fstes and they were sum moned. As ,many of the witnesses were not present In the court room when call ed, Judge Bean Instructed the sher iff to have all the witnesses brought In and held until needed in order that periods of waiting might net occur. A. W. Nye, Garry Judson, Frank Michael, Burt Huffman, James Beck, K. S. Curl, Judge Fltz Gerald and Thomas Thompson testified as to the honesty of Estes and all gave his reputation for honesty as being bad. The rules of the law did not allow any further statement of the reputa tion than the answer, "good" or "bad," when the question was made as to his reputation for honesty. A. W. Nye smilingly stated that he had lived In Pendleton 33 or 86 years and had held various positions, being at the present time librarian In the Commercial association rooms; that prior to that he had been a county commissioner, on the police force and had been sheriff of the county. Mr. Nye said that he was acquaint ed with Bob Estes and that his repu tation In the community for honesty was bad. Mr. Phelps objected to the witness testifying as to what the reputation of Estes had been some time In the past as he might have changed, and used as an Illustration that some preachers that were very good men new were bad men In the past. Garry Judson of Pilot Rock had hcen around Pendleton and knew of the reputation of Estes, and verified the statements made by Mr. Nye. Frank Michael of the vicinity of Pilot Rock, said he had lived In that neighborhood for about 23 vears and had frequently been In Pendleton and knew the reputation of Estes for honesty in the community was bad. The prosecution thought that the witness lived too far awuy to be com petent, hut Mr. Michael said be was verv frequently in town, especially In the summer months, when he was running a threshing machine. Frank Curl had lived In Pendleton off 9nd on for about 20 years and (Continued on page 8.) devisujnSm OF FOR GOVERNMENT OF THE IH'SIXKSS THIS COrXTItV. ReeoniiiM-iMlutloiiN Will lie Presented to tlio AsMK'latlon Chief Motive for Rccoiiiiiiciidiitloii Was the Action or Certain German Companies After the Sun Frum-lsco lire Which Re pudiate Their Polielex Will .Meet In AugiiKt to Dlsvuss Mutters. Philadelphia, April 26. The Insur ance law committee of the American Bar association, which has been In session here devising n system of uni form laws for the government of In surance business in this country, has ndopted a series of recommendations which will be presented to the asso ciation as embodying Its Ideas of what such laws should contain. Following Is n list of the recommen dations, the elaboration of which will constitute the report: 1 The appointment of state Insur ance commissioners for fitness and expert qualification for the position rather than as a reward for political services. 2 That all companies created out side the United States make deposits In at least one state. The chief mo tive for this recommendation was the action of certain' German companies after the San Francisco fire, which repudiated their policies. 3 The repeal of the retaliatory tax laws. 4 The repeal of the valid policy laws. 5 The creation In each state of Oie office of fire marshal. 6 The enactment of a federal stat ute prohibiting the use of the mafls by wildcat Insurance companies and by any company hot authorized by the laws of the state of Its origin. 7 The apportionment and contin gent distribution of deferred divi dends surplus on policies now In force, as a precedent to the right to do bus iness outside of the state In which the company Is created. The Amerlcnn Bar association will meet In Portland, Me., next August, to discuss the suggestions. Contest Over Butte Mayoralty. Butte, April 25. Jerry Mahoney, the defeated democratlo candidate for mayor, has begun a contest against Mayor Corby, alleging frauds. SYSTEM 11 194 PEOPLE 01 HALF OF UMATILLA Statistics From the Assessor's Office Show Holdings. Large- Land TWENTY-FIVE PEOPLE OWN . 23 PER CENT, 8770 ACRES EACH Forty-Six Per Cent of the Deeded Land of I'niatilla County In Owned In Tracts of 1000 Acres and Upward One Hundred and Ninety-Four Com IMUiicsi and Individuals Own B0 Per Cent in Tracts Averaging 1785 Acres Each List of Owners With Acreage Given Below. That Umatilla county presents some Interesting features of land own ership Is shown by stat'stlcs complied from the records of the county as sessor's office through the courtesy and assistance of Assessor Charles P. Strain. No other county In Oregon, perhaps, shows as large land holdings as Uma tilla. In this county are 953,246 acres of deeded land of all kinds. Twenty five companies and Individuals own 23 per cent of It, or 8770 acres each. One hundred companies and Individ uals own 38 Vi per cent of It, or 3670 acres each. One hundred and ninety-four com panies and Individuals own 60 per cent of the deeded land In the county, In holdings averaging 1765 acres each. Forty-six per cent of the deeded land In the county is owned In tracts of 1000 acres and upward. Ninety three thousand, two hundred and forty-four acres are owned In tracts of from 640 to 1000 acres each. Aside from, the large holdings Jut-Tl mentioned, 3500 companies and Indl viduals own 421,820 acres. These holdings represent only such tracts of land as are described In acreage. Plat ted townsites are excluded from the list. TtlO fnllnu'lntf 1 Ql itmrtn nltta Individuals own one-half of the deed ed land In Umatilla county: J. E. Smith company 38,088 ' Cunningham Sheep & Land Co. 20.632 j Wm. Slusher . . . . 15,054 j Joseph Vey ., 8.800 ' Antone Vey 6,080 Joseph Cunha 7,738 W. P. Reser 5,742 C. A. Johnson , 4.238 R. N. Stanfield 3,404 Inland Irrigation Co 11.432 J. Frank Watson 17.803 W. J. Furnish .22.188 W. P. Temple '. 3 52') K. L. Smith 3.S14 C. J. Smith ' 2,573 P. F. Ogle 2,344 W. H. Heeder 2.880 Win. Steen estate 2.3-U1 W. W. Raymond 1.920 Fred Stlne 2,030 Nels-C. Nelson 1.800 A. Nepparh 2.120 N. P. railroad (contracted).... 4.572 Northwest Timber Co 6.760 Oregon Land & Construction Co. 2.800 J. A. Owens 2 080 Manuel Pedro 4,008 A. Perard 2.080 Rust Brothers 1.6J0 Louis Schmuck 1.7R0 E. J. Sommervllle 2.000 Clavls Planquet 1.640 J. M. Pruett and wife .. 1.520 Frank Roach 1.520 Donald Ross 2.640 Rurk Brothers 7,139 Mary E. Rust 2.24D Hans Struve 1.600 John Tlmmerman 1,600 Jessie S. Vert 4.825 J. F. Adams, estate 2,430 C. A. Barrett 2,657 Douglas Pelts 4.460 Blue Mountain Flume Co 4,360 Jacob Born 1,840 Jacob Bowlus 1,886 Herbert Boylen 1,880 A. G. Buholts , 1.520 Edwin Campbell 2,280 C. R. Cute 1,720 A. A. Cole 5,479 J. F. Connelly 8,320 A. L. Demarls 4.200 M. G. Edwards 2,560 M. L. Fix 2,080 (Continued on page 5.) HERMANN CASE HAS Washington, April 26.The Her mann case went to the Jury at 3:30 this afUrnoon. The Closing Argument. Accusing Hermann of destroying public records for Illegal purposes, and alleged conspiracy with Mitchell, Benson, Hyde and Dlmond District Attorney Baker closed the govern ment's case today. Standing before Hermann, whose wife and daughter wom beside him, and pointing his finger at the de fendant, Eaker characterized him ss a felon. He charged him with knowl E E I $125,000 Deemed Inade quate for a Gravity Water System. AND ACTION POSTPONED TILL A FCTl'RE MEETING To Refund Levee Bonds and Out standing Warrnnt, to Extend the Sewer System, to Expend $10,000 on City Buildings and Site, to Ex pend $.10,00(1 on the Street Indebt edness and Extension of Improve ments Were Measures Endorsed as Explained In Detail. At a meeting of the charter com tpittoe held at the council rooms last evening, the -stamp of approval was placed upon all thr changes suggest ed by the city ccuncll excepting that one authorizing the Issuance of 5125,000 bonds for the establishment of a gravity water system. It was feared by the committee that the amount proposed was inadequate, and so action In the matter was deferred until the next meeting of the com mittee. The following Is the official report of last night's committee meeting: A meeting of the committee ap pointed by the mayor to meet with the members of the common coun cil of the city cf Pendleton to discuss, suggest and adopt changes In the charter of the city of Pendleton was held In the council chambers In said city at 7:30 o'clock p. m., April 25, 1907, pursuant to the call of the mayor. The mayor beibg absent, the meet ing was called to order by Mr. Mc Couit, city attorney. Whereupon Judge W. R. Ellis was placed In nomination for temporary chairman of the meeting and the nominations upon motion being declared closed1 Judge W. R. Ellis was declared tem porary chairman of the meeting. W. L. Thompson being placed in nomi nation fo temporary secretary, the nominations for temporary secretary were declared closed. ' Upon a vote being taken Mr. Thompson was de clared temporal y secretary of the meeting. The temporary officers were declared the permanent officers of said committee. Thereupon, the chairman stated the purposes of the meeting and sug gested that the proposed changes In the charter heretofore made by the common council be taken up and acted upon by sections. Thereupon subdivisions 2 and 5 of section 2, section 3 and section 4 of said proposed changes to the charter were taken up separately and upon motion adopted; and thereupon sec lion 5 of said proposed changes to the charter being the amendment of article 12 of the charter of the city of Pendleton was taken up and con sidered and the following sugges tions and proposed changes by the common council were approved by the committee: . 1 Authorizing the Issuance of bonds for the refunding the excess of 340,000 of levee bonds Issued In 1S86 over' the sinking fund, and for refunding present outstanding war wants issued for maintenance and icpnir of the levee and for extending, maintaining and repairing the levee, $67,000. 2 Issuing bonds for extending the sewer system of the city of Pendle ton In the sum of 310,000. 3 Authorizing the Issuance of bonds for constructing and equipping .i city hall and Jail and procuring a site therefor In the sum of $40, 000. 4 Authorizing the Issuance of bonds to pay the present warrant In debtedness of the city for Improve ment of streets and for the further improvement of streets, in the sum of $30,000. The proposed amendment of the common council to article 12 of the charter authorizing the Issuance of $126,000 In bonds for constructing a gravity water system after discus sion thereot was passed for further GONE 10 THE JURY edge of the Illegality of the Puter claims -which he passed through the land office, and of being the paid tool of Mitchell while commissioner. Baker declared, "Hermann's pur pose In destroying .the 34 letter prers hooks was to cover up his tracks, not because It would oe ex pensive to ship them to Oregon. If anv man of you was fired from your Job under a cloud, weuld you have destroyed the records thnt would have proven your Innocence?" Baker closed with a demand for a verdict of guilty and Justice Stafford then charged the Jury. 1 AE consideration at the next meeting of the committee. The proposed amendment of sec tion 13 of article 13 of the charter was upon motion approved by the committee, and section 16 of article 13 as proposed by the common coun cil on motion was approved. Thereupon on motion, the chair appointed a committee of three, con sisting of Mr. McCourt, T. C. Taylor and Dr. C. J. Smith, to ascertain the probable cost of procuring a water supply bringing water to the city of Pendleton by gravity system and to report? at the next meeting of the committee. Thereupon It was deter mined upon motion that when the committee adjourned that It should adjourn to meet again on Tuesday, April 30, 1907, at 7:30 p. m. at the council chambers. There being no further business be fore the committee, upon motion ad journment was had. SNOWING AT CHICAGO. Followed n Month of Warm, Spring, like Weather. Chicago, April 26. A month of unseasonably cold and wintry wea ther was broken in this district yes terday by a spring day with tem perature above 70, followed by a rtorm and sudden drop of 40 degrees before morning. It is snowing to day hert and throughout the lake country. Snow and Freezing In Middle West. Kansas City, April 25. Snow Is falling In Kansas, Iowa and Nebras ka, and freezing weather far down Into thu Texas panhandle is reported today. Negro Charged With Stabbing. Alton, 111., April 26. The police arrested Richard Sims, aged 22, a glass factory employe, because he answers the description of a negro who attacked Violet Spencer, aged 15. The girl Ib recovering from a knife wound across the abdomen. Insurance Man Pleads Guilty. New Vork, April 26. Wm. A. Brewer, president of the Washington Life Insurance company, indicted on two charges cf perjury and mlsde meanor, today pleaded guilty to the charge of misdemeanor. The court will Impose sentence Tuesday. $3,000,000 Suit Settled. Boston, April 26. It is announced today the suit of the Copper Range Consolidated company against Ar thus Burrage, Thomas Lawson and others was settled during the night Three million dollars are Involved. CAYUSE WRECK TWO SPRINGS RUNNING ONE-HALF MINER'S INCH Undermined the Foundation of the Roadbed Springs are About 15 Feet Apart Another Is Reported on the Farm of Judge Thomas Hniley on the Branch Road Of f'olnls Ruffled Over Appearance of These Springs. The following statement embody ing the cause of the Cayuse wreck, Is tiken from the Portland Teltgram and undoubtedly has its origin In O. IL & N. circles at thnt place. It Is of fur more thun locol or passing In terest: Two little springs, discharging a combined flow of half of a miner's inch of wnter, caused the wreck on the O. R. & N. main line near Cayuse s-talinn about two weeks ago. The water oozing from the ground be neath the fill undermined the foun dation of the roadbed. While the de struction was net apparent to a track walker, No. 5 plunged- into It Just as soon .is the weip,ht of the train came on that portion of the track. The springs are about IE feet apart. Another spring has been reported on the farm of Judge Halley, on the Wal la Walla line, four or five miles above Tendleton. where hpfcre not a trace of water was visible. How to ac count fcr the presence of the spring l baffling to the railroad officials. To protect the roadbed against seep age from the high ground above the track where the wreck occurred, a ditch whs dug for some distance on the hillside and It connected with a pipe line which carried the flow be rei.th the track and into the Uma tilla. Measurements were taken of the flow at the mouth of tho ditch, at the entiance to the pipe, and at the end of th pipe where the water flowed Into the river, and they cor responded. To determine positively that the water was sinking Into the hill a second ditch was dug. divert ing the water by a roundabout -ourse to the mouth of the plre line, with the same results. As yet the company Is operating around the sunken piece of ttack and rock fill Is to be made, and probably tiling used also, to carry off the overflow of the springs. WHAT AFTER HENEY FOR CRIMINAL LIBEL Judge Hebbard and W. F. Herrin Roasted in a Speech at Stanford. RUEF AN UNDERSTUDY OF SOUTHERN PACIFIC." Suiiervlsor Gallagher of San Francisco Makes Sweeping Confession Which Is Published In Full In the Call of That City Implicates Ruef and Schmltz and Telephone Officials Call Subject of Investigation by Grand Jury More Labor Troubles) Ahead. San Francisco, April 26. Superior Judge Hebbard today applied for a . warrant for the arrest of Heney on the charge of criminal - libel. In a speech at Stanford university last night Heney referred to Hebbard as one of Ruef's henchmen, and also referred ' to what he termed Hebbard's unfit ness to sit on the bench, Intimating he was not always swayed by law in rendering decisions. In the same address Heney denounc ed W. F. Herrin, a Southern Pacific attorney, as being the real boss of San Francisco, declaring that Ruef Is merely his understudy. Hebbard Drunk and Threatening. ' The warrant was refused. Heb bard then went to police headquar ters, where he flourished a revolver declaring he would kill Langdon If the warrant were not Issued. H was taken to the chief's office- and a guard placed over him. Langdon ordered him arrested If he. made any further disturbance. Hebberd was drinking. Gallagher Turns State's Evidence. San Francisco, April 26. The pub lication in the Call this corning of the full text of the confession of the supervisors has created a great sen sation, as the story of the corruption' is laid bare before the grand Jury made it public, and on the day follow ing the confessions. The verbatim statements as publish ed today completely substantiate the unofficial statements published March 19. The princ'pal confession is that of Supervisor Gallaher, who swore that all the bribe money with the excep tion of that given by Theo. Palsey of the Pacific States Telephone compa ny, was passed to him by Ruef, and he (Gallagher) In turn passed It to the supervisors. One Interesting feature not before published is Schmitz's activity in the matter of the Home Telephone fran chise. According to the confessions. he repeatedly urged the supervisors to vote for the franchise and both before and after the supervisors were Inform ed there would be "something in it" for them. It is not unlikely the grand Jury will Investigate the manner In which a copy of the verbatim statements was secured by the Call. Carmen's Strike Probable. San Francisco, April 26. Represen tatives of the carmen's union and of ficials of the United Railways went into a conference at noon to consider the demands of the men for $3 per day and elsbt hours work. Preetd- Ing the conference President Calhoun of the railways, announced he would not grant the demands. Conference Had No Results. San Francisco, April 26. The stre-. t oar confvrence broke up this afternoon without a conclusion be ing reath.;d and no arrangements for further negotiations. In all proba bility u strike will be voted Warrants Out fur Trades Council Men San Francisco, April 26. War rants fur the arrest of Gus Bart, Geo. Rusell, Gus Smith, Harry Sullivan, Jack Vcung, Jack Morris and M. H. Carmorty, members of the electrical workers recently expelled from the building trades council for ordering (Continued On Page 5.) Vnldivn Rurled by Volcano. Santla Pcchlle, Mexico, April 26. Another volcano threatens to complete the havoc begun by the volcano Vtllarlea. It Is t pouring forth vast clouds of allies which are fnst burying all the towns In the district. Val- dlvla Is now completely over- whelmed and under many feet of arhes and lava and dust. One hundred thousand people are driven from their homes and .Te now living In open fields, subslMtng on roots and wild fruits.