EVENING' EDITI08
EVENING EDITION
-m , i ,mi7i ':,! .rx'-
1
Opportunity kaocks
at your door EVERY,
day. To be convinced
read today's ads.
CfTYO FF1CIA L PA PER.
VOL. 22.
PENDLETON, OltEGON. FIJI DAY. NOVEMJHMJ 19, !!!.
NO. 6740
ltaln tonight and Sat- I mtsagsSA I.MMMmnVi AVvV VW, Jt - Jjg
COUNTY OFFICIAL PAPER. , c- VOjp o o "
i
RYAN TAKES
WITNESS
T
Accused- Murderer " Testifies
in His Own Defense With
Dramatic Effect.
DECLARES shooting done
TO SAVE HIMSELF
Says Dlxon Struggled With Him for
Several Minutes Trior to Shooting
ltyan Denies Ho Secured Gun to
Intercept Sliubcrt Also Denies 11
Was One to Start Fatal Controversy
Dixon's Eight-year-old Son Cre
ates Sensation in Court.
Dramatically Illustrating the strug
gle which ho insists occurred at the
time the tragedy was enacted, Mike
Ryan took the stand in his own be
half this morning. The accused man
Insists that Dixon not only grabbed
the gun after ho had warned Dixon
and Shubert to keep back away from
him four or five times, but that the
two of them struggled for a few sec
onds before he shot to protect him
self from hlM assailant who, he de
clared, was a much larger and
stronger man.
Ryan also insisted that he did not
go to his house after his gun to in
tercept Shubert when he saw the
latter coming up the road, but other
wise his testimony did not differ a
great deal from that of the state's
chief witness, lie said ho had been
engaged In poisoning and trapping
squirrels during the day and that he
had gone to tho house about 3:30 to
get his gun to shoot coyotes which
had been currying off the trapped
squirrels and likewise the traps. When
he met Shubert In the road, he said
he was on his way from his cabin to
the grain field where he was killing
squirrels, with a fresh supply of pois
oned wheat. He insisted that the
contoversy did not start because he
had forbidden Shubert the use of the
lane, but because tho latter's horses
had shied at him as ho stood Inside
the fence and Shubert had demanded
to know if he was trying to scare his
horses. Tho verbal controversy,
which resulted In Shubert leaving his
team tied to the fence and going on
home a foot after Dixon, then ensued.
Ryan testified that ho had been
a resident of the county for 37 years
and that he had lived on his present
ranch where the tragedy occurrod
for the past 32 years.
The state closed Its ense on Intro
duction of direct testimony early In
the forenoon, much to the surprise of
every one except the attorneys for
the state. A short recess was taken,
after wblch the Introduction of tes
timony for the defense was begun.
The feature of the late afternoon
nrnion of the trial yesterday was tho
testimony of little Harry Dixon, the
elght-year-ojd son of the dead man.
He was present at tho time his fath
er was shot And with the exception
of the men engrged In enacting the
tragedy was the only .ye witness. The
sensational part of his testimony was
the Jnslsfnl declaration that after
liynn had wounded hlB father and
Shubert that he had also fired a shot
at him. He said also, that late
when he and his mother came back1
to look for his father that Ryan plncf
ed another cartridge Into his gun and
frightened them away.
Despite his youth the 'little fellow
did not get confused and though his
story of the tragedy differed some
what from that of Shubert and Ryan
he stuck to his story with a per
slstency thnt elicited the wonder and
admiration of the audience.
When shown a map of the scene
of tho tragedy, which he said he had
not seen before, he pointed out what
he thought to bo tho positions of tho
actors In the trngedy, without much
difficulty. While on tho witness stand
he seemed the most composed of any
witness of the day. frequently keep
ing tho lawyers waiting for his ans
wers whllo studying a "Please Don't
Spit on tho Floor" sign on the wall.
E. C. Slmmonds and Frank Bcal,
4444444444444
4 VOLCANO CAUSES .
4 PANIC IN SPAIN
4 Madrid, Nov. 19. Mount Sa-
4 lores Is In nctlve eruption today
4 belching forth vast quantities of 4
lava, and threatening the do-
4 struotlon of the Island Tenerlffe
4 in tho Canary group.. Terror
stricken the Inhabitants are flee- 4
Ing for their lives. Steamers
hnve been' ordered from Africa
and Spanish ports to aid the
refugees. The eruption U grow-
Ing more violent hourly and the 4
lava threatens to overrun the
entire valley. Tho towns In the
4 path of the molten stream are
(lulft, Icod, and Tanquehllos,
and all are deserted, the Inhahl- 4
4 tants fleeing without provisions. 4
'
two tnembers of tho searching party
which found the body of Dixon tfio
next morning in the grnin field, were
also placed on the stand yesterday
afternoon, but their testimony whs
not of great importance or Intei-ccl.
This "morning Dr. Cole. Dep
uty Sheriff Bert. Wilson, K. H. lloon
and Claude Heal were on tho stand.
Colo had examined the wound which
caused dtnlh and ho testified regard
ing the examination. Wilson tenll
fied that a shut fired nt any dis
tance under k x feet would leave pow
der marks on the clothing, while over
that illstiinen It would not. Hoon
and' Ileal were members of the cor
oner's Jury which held the Inquest.
R. W. Fisher, city editor of the
Walla Walla Bulletin, who "interview
ed Shubert at his home In Walla Wal
la, the day after the shooting oc
currod, was the first witness called
for( the defense. His testimony was
to .confirm the allegation that Shu
bert had admitted that he and Dixon
kept advancing on Ryan up until the
time the shot was fired.
Ho was followed on the stand by
Al Martin, who testified concerning
an examination which he had made
of the ground after the shooting and
of finding a loaded cartridge and an
empty shell. It ws at the conclusion
of his testimony that Ryan was plac
ed on tho stand In his own behalf.
Rapid progress is being made with
tho trial for the reason that many of
the witnesses on each side are es
caping without being subjected to
cross-examination. From present
appearances the case will be brought
to an end tomorrow or Monday, nt
the latest.
FATALLY WOUNDED
DESPERADO HELD
HOY AS HOSTAGE
Held Posse at Hay for 21 Hours.
When Hoy EscaiN-d imd INisllndc
Dlreoted at House Killed Police
imtit at Niimpa.
Nampa, Nov. 19. An unknown
Flnhinder who held Harry Garrett
prisoner up stairs in tho Calk. us
ranch for 24 hours was shot nnd fa
tally wounded today by a sheriff's
posse. The boy Jumped out of the
window nnd the sheriff Immediately
ordered the pin? to direct a (usilnde
at the Imuse. The Finn responded by
repeated shots but no one was hurt.
He was soon wounded nnd censed to
fire, whereupon a cautious entry was
made to the room and he was found
dying He came to the ranch yes
terday morning and ate breakfast,
and was recognized as the man want
ed for shooting Policeman Fleming
at Nnmpa Inst week. While the old
er boy wns telephoning the police the
desperado seized Harry and escaped
up stnlrs. where he held off the posse
for twenty four hours. He warned
the father thnt he would kill the boy
If an attempt was made to arrest
him.
FOOTBALL PLAYERS WH.I, I
, BE NUMBERED
Seattle. Nov. 19. For the first
time In the history of football In t!l
northwest, players will be numbered
In tho Thanksgiving game between
Oregon and Washington add Kfly to
their Identity furnished the specta
tors. Tills step has long been urged
by many Interested In tho develop
ment of the game nnd has been un
der consideration for some time.
Onlookers can then follow their fa
vorite players, keep track of the man
with the ball and in short know
"Aho's who" n the game.
HAKKON TOR PRESIDENT
OF MEXICAN REPUBLIC
Mexico City, Nov. in Flaming post,
ers announcing the candidacy (r
Herlderto Barron for the presidency
of Mexico were discovered posted
everywhere In the city today, nnd It is
Impossible to learn their origin Bar
ren Is now a self exile In New York
where he denounced the Din, gov
ernment ns nn nutocrdac'y. Friends
declare he will obtain the pardon of
the government, return to- Mexico
and mnke a campaign.
EDITOR OF N. Y. SUN
SVCCFMBS TO OPERATION
New York, Nov. 19. Willlnm M.
Laffan, editor and publisher of tho
New Tork Sun, died at his home nt
Lawrence, Long Island, early today
following nn operation for appendi
citis. Ho was born In 1848 In Ire
land, and has been an editor and
publisher In America since 1867.
Trnln Robbers Get "Life."
Omaha, Nov 19. Federal Judge
Munger today overruled a motion for
a rehearing on tho pnrt of five men
convicted of holding up the TTnh n Pa
cific overland limited train here May
22, and robbing tho mall car, and
sentenced each to life Imprisonment
at Fort Leavenworth. The men are
Fllllam Matthewss, D. W. Woods,
Fred Torgensen, Frank Crlgwnre and
Lawrence J. Golden. The prisoners
will be taken to Leavenworth this
week.
T. . T
SUGAR FRAUDS
Prominent Official Says Roose
velt is Responsible for ihe
Probf.'Cuions.
ATTEMPT BEING MADE TO .
DISCREDIT TEDDY'S WORK
Evidence Being Published Now Was
Gathered Under Roosevelt's Ad
ministration Article in Outlook
Suggested by T. R. Taft But Fol
lows Course Laid Out by Predeces
sor Present Cases Bcgnn Four
Year Ago I'nder Stlmson.
New York, NIov. 19. From an of
ficial "n the present administration,
who was prominent also In the pre
ceding one, the United Press obtain
ed a statement regarding the' sugar
prosecutions as Been from the view
point of Taft and Roosevelt adminis
trations.' The statement in part fol
lows: "Tho evidence being publish
ed as an attack upon the Roosevelt
administration is in (act that which
Roosevelt's administration had gath
ered to defeat the frauds. The whole
thing has been at the disposal of the
press and public and It was because
no details of the sugar trust prose
cutions were being published In daily
papers that the article entitled, 'The
Case of the Seventeen Hoholes," ap
peared at Roosevelt's suggestion In
the Outlook. The result of these ar
ticles has been to awaken public In
terest In the matter. Any one who
has followed the developments of the
case will realize how unjunt, abso
lutely are the present attacks. The
Roosevelt administration unearthed
the frauds and started the prosecu
tions. Taft's administration is con
tinuing the prosecutions and apply
ing such administrative measures as
are necessary to prevent a repetition
of the frauds.
"The different prosecutions of the
sugar trust may be divided under
threo hends. Taken in a chronolo
gical order they are: First, prosecu
tion for receiving rebates; second,
weighing frauds, and third, the Earle
case.
"The cases were begun in Roose
velt's administration nearly four
years ago. when Henry Stimson wns
appo.nted federri? attorney for the
southern district of New York for the
special purpose of prosecuting these
offenses The result was that in sev
en months the sugar trust was con
victed and made to pay over four
times as much as any rebate fine ev
er before collected under the rebate
law. The total fines collected from
the American Sugar Refining nnd
subsldary companies Is $1(18,000,
whereas the largest Lne before col
lected had been J40.000. The ftne
was of sufficient size to ."too tho evil,
nnd established a legal precedent
without the amount being exagger
ated to an extent which Plight have
provoked a reaction of sentlnH-nt."
KILLS HIMSELF AS
RESULT OF Sl'ICIDE PACT
Aberdeen, Wash., Nov. 19. Hav
ing fulfilled his part of a suicide pact
with a womnn, who took her life sev
eral months ago. Herbert Eames,
salesman Is dead today. The pact
was made some months ngo with a
Tncoma womnn, who killed herself
nt the Cecil hotel In Seattle, but
Hames' nerve failed him. When his
body was found yesterday It was be
lieved death was the result of heart
failure, but Investigation showed ho
had suicided. The name of the wo
man is not made public.
10 Children in 20 Years.
New York. Mrs. Marie Rndlelgh,
4 8 years old, and married 20 years,
has given birth to her nineteenth
child. Only nine of the children arc
living, but one of them, ft daughter
19 years ol. Is married and the moth
er of one child.
BIG MEETING CALLED
TO URGE NEW PROJECT
At a meeting of tho hoard of man
agers of the Commercial association
yesterday afternoon preliminary ar
rangements were made for holding a
meeting here November 27 for tho
purpose of working for the reclama
tion of the West Umatilla project.
Upon motion It was decided to In
vite the people of Hermlston, Stan
field. Umatilla, Echo, Irrlgon and
oth sections of the Columbia valley
to attend. President Will Moore will
personally attend to tho sending out of
Invitations to the meeting.
At the coming meeting both Con
STN.IY11
IMPLICATED
Idaho Senator Involved in
Investigation of Cunning
ham Coal Land Frauds.
PERFORMED LEGAL
SERVICES FOR INTERESTS
Testimony Reveals Connection of Hay
burn With . Cunningham Latter
Carried Coal Lund for Him Tor Two
Years After Ills Election Senator
Extricates Himself I'non Discovery
'lliut Entries Could Not he Made
Under Mineral Laws.
444444444444444
Seattle. Nov. 19. Although
Glavls is discredited by Secre- 4
tary Kallinger, the government 4
is depending chiefly on the tes-
tlmony collected by him to sup-
port their charges of fraud 4
and collusion In the Cunning- 4H
ham cases. The government's 4
attorneys have introduced 23 4
affidavits and documents most- 4
ly procured by Glavls. Many 4
are from entrymen, but a half 4
dozen are from Cunningham 4
himself. 4
4
4444 4 4444444444
Seattle, Nov. 1". The name of
, Senator Hayburn of Idaho, has been
brought Into prominence in the hear
ing of the Alnska coal land cases,
which are in progress here in connec
tion with the Cunningham claims.
I From the testimony contained In the
i exhibits introduced yesterday. It ap
j pears for more than two years after
I Hcyhurn', became senator, the Cun
! ninham Interests carried a coal land
I claim In Alaska for him, In consider
jntion for legal services. Throughout
j his term Heyburn has opposed forest
ire serve ond' other conservation poli
I cies advocated by Roosevelt. Follow
j ln;y the Introduction of a private note
j brok of Cunningham containing the
i above information, an affidavit given
by Cunningham to Glavls was present
ed. The affidavit declares that when
Cunningham discovered the coal land
could not be taken under mineral
laws, Heyburn decided to withdraw
from the pool.
I In substantiation he quotes a letter
from Hayburn saying: "I don't de
i sire to participate in or be Interested
' In any manner In acquiring public
lands. I prefer during my official
'career to be free from any possible
I interest In the subject of legislation.
I Whatever service may properly be
'rendered wilhln my duty as a public
I official I will be glad to do for you,
jnnd shall cheerfully perform it, bl!
j not for any consideration, directly or
.Indirectly."
" . - . - "
TvilERE THE SWORD DEFENDS
WHAT THE PEN CREATES
Paris, Nov. 19. Gustage TeVy. who
started the naval scandal by alleging
there wns corruption among the of
ficers who purchased supplies, was
' seriously wounded yesterday In a duel
with Laurent Tailhade, the poet. The
duel came about through Tory tak
ing offense at an article written by
the poet criticizing him. Tailhade
escaped without injury.
"Bat" and the "Cyclone" AVI11 Mix.
Aurora. 111., Nov. 19. Cyclone
Thompson today accepted the offer
of Jim Coffroth of San Francisco for a
nintch with Battling Nelson the light
weight championship for some time in
July.
Taft Snys "Show Me."
Norfolk. Nov. 19. President Taft
addressed the Atlantic Deep Water
Ways association today, nnd adopted a
"show me" policy regarding deep wat
erways. gressman Ellis and Congressman
llawley will be present. At that time
they will both be enroute for Wash
ington and accordingly tho meeting in
this city will afford the last opportun
ity for local people to consult with
them regarding such matters.
In addition to the two congressmen.
Invitations will also be sent to. some
of the head engineers of the recla
mation service. It Is desired to have
those gentlemen present so that
they may learn of the sentiment for
the reclamation of the lands west of
the Umatilla.
LA GRANDE BANK WILL
PAY ANOTHER. DIVIDEND
La Grande, Ore., Nov. 19. An
nouncement was made today when the
Ontario property In the hands of the
receiver was sold, that another divi
dend of ten per cent will be issued
by the receiver of the Farmers and
Traders national bank which failed
last year. One dividend of 4 5 per
cent has already been issued. The re
ceiver lacks three thousand dollars
ot having sufficient funds to issue an
other 10 per cent dividend.
WOMAN AND CHILD
THROWN' FROM TRAIN
Fort Smith, Ark., Nov. 19. Con
fused and believing the station they
were passing the point at which they
should transfer, Mrs. C. E. Toulouse
and her six-year-old daughter of Se
attle, Wash., ran to the vestibule of
a swiftly moving St. Louis and San
Wlster today. A sudden jar threw
both to the ground. Mrs. Toulouse
sustained injuries probably fatal. The
child will probably recov r.
APPLE SHOW SENDS
TWENTY BOXES TO TAFT
Spokane. Nov. 19. Twenty boxes
of apples will be expressed to Presi
dent Taft Sunday from the apple show
to grace his Thanksgiving board. The
attendance at the show today broke
all records. Prizes are being award
ed this afternoon. Special parties
from northwest cities are arriving to
day. ZELAYA DOES NOT
V. S. MAKES DEMAND
WniCTI IS IGNORED
Horrible Cruelties Being Inflicted by
Atrocious President Reign of Ter
ror Continues V. S. Vltually Rec
ognises Revolutionist.
Washington, Nov. 19. No word
has been received from President
Zelnya of Nicaragua, In connection
with the executions of the Americans.
Cannon and Grace, yesterday In re
ply to the state department's peremp
tory demand for an explanation. News
of a fresh outbreak of a' reign of
terror in Nicaragua is expected;
According to reports coming to
Nicaragua medieval tortures and hor
rible cruelties are of daily occur
rences in the towns over which Ze
laya's troops still hold sway. It is
believed here that Zelaya will make
one last- desperate struggle against
provisional President Estrada. fol
lowing the receipt of news that the
L'nited States has practically recog
nized the government set up by the
revolutionists. t
Confirmation of Executions.
Bluefield, Nov. 19. Courier arrived
today confirming the news of the ex
ecution of Leonard Grace and Leroy
Cannon by order of Zelaya.
PRfcrEltED DEATH TO
BABY'S SQUALLING
Champaign, HI., Nov. .19. Aver
sion to babies and domestic life is as
cribed as the cause for the suicide
yesterday of Professor Wilfred C.
Wheeler, first assistant in'chemistry
In the engineering experiment sta
tion at the Univerity of Illinois. The
cher.iiFt's body was found on the uni
versity campus. He had taken a
larke quantity of cyanide of potas
sium. It was said last night that Wheel
er had taken his meals away from
home since a baby came into the
household. He could not endure the
noise, and expressed a great dislike
for babies.
A note loft by the professor di
rected his wife how to collect his life
insurance and referred to his pre
mcellnted death as follows:
"I am tired of living: so goodbye.
There Is no use trying to find out
what happened to me as 1-2 Ci.
(grains! of Kon. (potassium cyanide
are responsible for my fate."
Professor Wheeler was 30 years
old and was liked by his colleagues.
MURDERED BOY'S SISTER
TAKES WITNESS STAND
Auburn, Calif., Nov. 19. Mamie
Armes, age 15, sister of Joe Armes, for
nhose death Alma Bell is on trial for
her life, gave strong testimony against
the defendant today. "Almn knew Joe
didn't care for her," she said, "but
wanted him to go with her so she
could have a sweetheart." The girl
said that on the Thursday before the
killing. Alma told her she- was go'ng
to drive with Ben Kenlson, to Lincoln
and nsked her not to tell. Kenlson Is
the man Joe Armes is said to have
charged Alma with driving with on
the night before she committed the
murder. The prosecution Introduced
a letter written by Alma threatening
to kill Armes, and will endeavor to
prove the killing premeditated.
Mayor H. G. Newport of Hermls
ton, returned home this morning af
ter transacting business In this city
over night.
TEAMS BATTLE
La Grande and Pendleton Are
in Throes of Mighty Grid
iron Struggle.
SCORE ITRST HALF
P. IL S. 6. L. II. S. 5
Game Is Proving Intensely Interest
Ins Ixical Boys Make First Touch-
down Forward Pass and Dcvlne's
Plunges Responsible La Grande
Makes Score in Latter Part of Half
Second Half Opens With Both
Sides Fighting nard.
Officials.
Referee Moorhouse.
Umpire Reynolds
Head linsman White.
Pendleton 11, La Grande 5.
La Grande won the toss and chose
to defend the west goal, thereby hav
ing a strong wind in their favor. Pen
dleton kicked off. Ingle receiving the
ball on 10-yard line, running It In 10
yards.' Hell for downs on 30-yard"
line.
Pendleton makes forward pass to
Jordan for 10 yards. Devlne tore off
15 yards more. With ball ithin one
yard of line four downs were required
to take the ball over, Devine finally
making It. He also kicked goal.
Score Pendleton' 6, La Grande 0. 1
La Grande receives kick. Devine
sent ball clear over the goal posts.
Ball brought In to 25 yard line for
scrimmage with ball In La Grande's
possession. La GVande makes yard
age through line once. Then held.
La Grande makes 15 yards on quar--terback
kick. La Grande tries quar
terback kick. Pendleton's ball on
own 25-yard line. Falls forward pass;
penalized 15 yards; punts to middle
of field.
La Grande makes 10 yards on fake
through the line. Forced to punt.
Pendleton's ball on own 10-yard-llne.
Devine punts on third down to
30-yard line.' Ball out of bounds.
La Grande tries forward pass. Pen
dleton gets ball on 12-yard line.
Devine punts from line to 40-yard
line where Irwin made fair catch.
La Grande makes forward pass for
10 yards. Then makes yardage. Ball
on Pendleton's eight-yard line. Two
yards on first down. Makes nothing
on second. Myer makes touchdown on
criss-cross. Goal is missed.
Score Pendleton 6, La Grande 5.
Pendleton receives kick. Myers
kicked over goal line.
Pendleton's ball on 25-yard ' line.
Devine punts 1o 50-yard line.. Man
downed in tracks.
La Grande tries forward pass. Pen
dleton's ball on own 40-yard line.
Time up.
Score Pendleton 6, La Grande 5.
Visitors Heavier.
Though the visitors were more
than five pounds to the man heavier
than the local eleven, the difference
was not so noticeable as it wns when- .
the Pendleton team lined up against
the Baker City aggregation, one week
ago.
The beetpullers, accompanied by
Coach Wall. Principal Stout and
several enthusiastic rooters, arrived
last night on train No. 9 and plainly
showed their confidence of being able
to win the contest.
The teams lined up ns follows-.
Lineup.
Pendleton. L Grande.
Struve c Bean
Snyder lgr Grant
Milne rgl Blystone
Graham Itr R. Morris
Hinderman r t 1 Heidenrich
Sturdivant ler Hamilton
Jordan rel.. Myers (mgr.)
Kimhnll q Irwin
Bean Ihr... Ingle (capt.)
Thompson rhl Earls
Devine f Williamson
Lai Grande had as subs. Rice. Boh
nenknmp ami Carpy.
444444444444
4
RESCUERS RECOVER. 4
4 NINE CHARRED BODIES 4
4
4 Cherry, Nov. 19. Rescuers 4
4 descended the St. Paul mine to- 4
4 day and brought up eight badly 4
4 charred bodies, making nine 4
4 which have been recovered. The 4
4 fire has practically burned it- 4
4 self out. When the pnrty rench- 4
4 ed the two hundred foot lev.1 4
4 this morning they were con- 4
4 fronted by a number of victims 4
4 huddled together. indicating
4 that they had climbed from the 4
lower levels. The Imprints of 4
4 finger nails In the palm of 4
4 their hands showed they had 4
4 suffocated before the flames 4
4 reached them. On account of 4
4 the gases the rescuers can only 4
4 remain In the mine a few min- 4
4 utes at a time. 4
4 4
44444444 4 w