East Oregonian : E.O. (Pendleton, OR) 1888-current, November 20, 1909, EVENING EDITION, Image 1

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    EVENING EDITION
EVENING EDITION
Opportunity knock
t your door EVE HI
day. To be convlnfrd
read today's ad.
WEATHER REPORT.
night and Sunday.
Snow and colder to-
CITY OFFICIAL PAPER.
VOL. 22.
PENDLETON, OlMftHJN, SATURDAY, XOVKMJJEK 20, IMM.
XO. 0750
COUNTY OFFICIAL PAPER. ' XMp r ,
STANDARD OIL DELIVERED TELLING
BLOW BY DECISION OF U. S.
FEDERAL JUDGE ADAMS
long Drawn Out Fight Between Government and Giant Cor
poration Results in Victory for the Former.
Standard Oil Company of Xcw Jersey Meets Signal lloverse Suit Was
Bopun Two Years Ago at Direction of Iloosevelt Testimony Was Tak
en In Many Large. Cities of Country Government Charged Monopoly in
ltcstralut of Trade Sustained In Xeftrly Ewrj' Point Itorkefcllcr
Began Conspiracy in 1870 Case May be Ajpiieulod to Supremo Court.
St. Louis, Nov. 20. The govern
ment today won too salt to dissolve
the Standard Oil company of New
Jersey, with a hundred million capi
tal. Tho case was brought at the di
rection of Boosevelt. by Deputy Attor
ney General Kellogg. The Oil com
pany is thus delivered a Revere blow,
as the government was sustained In
nearly every point. The only exoep
tlons were made In favor of minor
subsidiary companies named as de
fendants. These, it is held are not
clearly shown to be dominated by the
trust. The orders of the court In re
gard to the Standard do not take ef
fect for thirty days. The decision was
announced in the United States circuit
court by Judge Elmer B. Adams to
day. Argued In Sovrrnl CUIea.
The case is one of the most mem
orable in the records of Jurisprudence.
o.v (willed In vurloue
form over nearly two years and testi
mony was taken In a rout number of
cities, notably In New York. Wash
ington and Chlrngo. In New York
high officials of the Standurd Oil
company. Including John D. Rocke
feller were called to the stand. The
government charged the corporation
with a monopoly In restraint of trade,
and Introduced voluminous evidence
regarding the methods of the compnny
in dealing with competitors.
The suit was filed In the United
States circuit court In St. Louis In
1909 under .the direction of the attor
r.ey general. The nctlon Is one of
equity brought under the provisions
of the Sherman anti-trust lujvs. The
control through the Standard Oil
company of New Jersey, of more than
a hundred corporations engng ed In
refining nnd marketing oil. Is charuc
terlzed as a conspiracy in restraint of
trade. The government asked for a
permanent Injunction restraining the
company from continuing Its control
of the subsldary corporations, and
from reorganizing In such a manner
WEALTHY CONVICT
E
I'KISOX LIFE BHEAKS
AKUOGAXT SPIRIT
William Bradbury. Millionaire, In San
Queiitiit for Perjury, Finds in Bl
blo nd Authorizes Attorney to
Pay Up All 11111m and Klght All
Wrongs As Far As Money Will.
San Fa fuel, Calif., Nov. 19. With
h's arrogant spirit broken by the
weight of prison stripes and the
knowledge that a heavy burden of
years Is bearing him toward tho
grave, William H. Bradbury, the aged
Corte Madera millionaire, has turned
to the Bible for solace and is paying
off his debts. From his cell in the
San ljuentin penitentiary where he ,1s
sentenci'd to upend u yeur "for per
jury, the old man has ordered his at
torneys to settle his every debt and
rlgb-t every wrong if money can do so.
According to tho attorneys every
claim will be paid as fast as'tho bills
nro presented. Tho sudden reform
came ns a surprise to every one but
the prison officials who have watch
ed his rapid metamorphosis from a
Stubborn, close fisted man to a more
kindly one, prone to do llttlo acts
of charily. When tho millionaire
was taken to prlsor recently, ho left
tho world of free men much embit
tered. Kvnlsliniig Jury Yet Out.
Tacoma, Nov. 20. At m'dnlght tho
Jury was still out in the case of Mrs.
Martin Kvnlshaug, indicted for the
m'fidcr of her husband. Reports
from the Jury room arc that tho Jury
is hopelessly divided and will proba
bly divided and will probably report
n disagreement tomorrow.
ORDERS DISSOLUTION
tliat an Alleged conspiracy would be
perpetrated. An appeal cn be taken
to the tmpreme court which It is ex
pected will be done.
Jlrat Monopoly Jn 1870.
Early In 1870 Rockefeller and
Flagler It la alleged -entered Into a
conspiracy , to control the oil trade
They pooled their business and or
ganized the Standard Oil company In
Ohio with a capital stock of a mil
lion dollars. Through their ability
to secure preferential rates from rail
rofcds, It is alleged that . by unfair
trade methods they were enabled, ac
errdlng to the gnvarnment, to drive
to the wall and absorb most of the
Independent companies. Tho trust
which exists today was not organized.
according to the complaint, until .1899
When the Standurd Oil company In
New Jersey was formed. The power
of the government to subpoena Indi
viduals outside of the St. Louis dls
trlct of the federal court and compel
them to answer to the charges, was
at first denied. The contention was
argued at length, and overruled. The
defendants thon filed answers to the
government's allegations, and the case
was set for trial. Judge Ferriss was
appointed special examiner and for
nearly two years held hearings In the
principal cities of the country. The
evidence when completed was print
ed and forwarded to St. Louis, and
filled twenty-one volumes atid more
than twenty-f.ve thousand pages. It
was argued April 5, before the full
circuit court bench here. Th defense
of the corporation was that the pres
ent organization of Standard Oil was
the result of a natural growth of a
great Industry and that no statute
had been violated.
Rockefeller Is Silent.
Forest Hill, O.. Nov. 20. News of
tho decision in the Standard Oil case
was brought here by the United Press.
Rockefeller's secretary said he had
not heard of it and Rockefeller will
not make a statement until he hears
from his counsel.
FIGHTS FOR DAUGHTER.
Mother or Altiia "TteTT Lays Family
Life Bare.
Auburn, Calif., Nov. 20. Baring
tho story of her dead husband's dis
graceful conduct and branding him
as a drunkard, without feeling for his
family, Mrs. Mary BcTI, metaphoric
ally tore her own heart out today and
laid It upon the altar for her daugh
ter's life and freedom. So pltiuble
was the recital of the aged woman
tho Judge ordered a recess to allow
the wlfness and court officials to re
cover their cquinnmity. After the re
cess she related how Alma, her tenth
child, had come to her Friday before
killing Armea, sick and nervous. She
said Alma then left and she did not
see her until after Armea had been
shot.
SPANISH VOLCANO STILL
BELCHES FORTH DESTRUCTION
Madrid. Nov. 20. Bursting forth
with renewed fury volcano Saloros
is In eruption today on the Island of
Tener'lfre, of tho Canary group, ac
cording to advices received here. The
eruption today Is worse than yester
day. A stream of lava thirty-six
feet wide and fifteen fet deep started
down the mountain side and Is head
ed direct for the town of Santiago,
from which the inhabitants have fled
and arc hurrying to the sraeonsl.
It is believed other volcanoes will
erupt as they arc showing signs.' The
people of. Gui, .Icod and fuiitiuchiios
huvo deserted their homes and ro
mn.ned in tho open last night.
ATTEMPT TO WREAK
VENGEANCE
ON CREW
Butte, :,Iont Nov. 20. Ten Creek
section men wire injured in a wreck
on the Great Northern. Tho accident
incensed two carloads of men who
attacked the train crew which fled,
and was rescued by officers.
H. W. Hswlry and wife came up
fiom llermiston, last evening for tin;
transacon of business In this city.
T
EXTOItTlOX CASE WITH JUUY.
Mrs. Allen Read's Fale In Hands of
Denver J miry Lust Xiglit.
Denver, Nov. 20. The case of Mrs.
F. Read, charged with an attempt to
extort $100,000 from Mrs Genevieve
Chandler Phipps by threats by dy
namiting her, was given to a Jury at
4:40 o'clock yesterday afternoon. At
midnight the jury announced that it
had been unable to agree and was
locked up for the night.
A farcial tinge was given to the
case by the appearance of all the Ju
rors in the court room this morning
wearing flaming red neckties. Juror
Baliff Kelly supplied the crimson or
naments. Kelly also wore a red tie.
The day was given over to argu
ments of the lawyers and Instruction
to the Jurors. A feature of Judge
SheafoYd's instructions wag his wann
ing to the Jurors not to be Influenced
by sympathy as the result of Mrs.
Read's physical condition.
MONDAY WIIJ, SEE GREAT
CRISIS' IX LOXDOX
London, Nov. 20. The consecu
tion of tin? fOTTecTKlngdom will -fall
in the melting pot on Monday when
the budget is moved for passage in
the house of lords. Its rejection which
seems certain, gives th -voters two
alternatives at the January election.
The first will be upholding of the
liberals and the budget and giving
added Impetus to the marked social
htie tendencies of recent politics and
the other Is the upholding of the
lords, and the consequent repudiation
of the constitutional provision of the
house of commoiis to control the fi
nancial end of the government, thus
damming the socialistic tide. No
matter which side wins, a revolution
in British poliths is sure to follow
ZF.LAYA JUSTIFIES EXECUTION'
OF AMERICANS
Washington, Nov. 20. The state
d partment today received a cable
gram .from the American .consul at
Managua confirming the report that
Grace and Cannon had beep exe-uted
by orders of Zelaya. It appears that
Zelaya ordered the execution over the
protest of the commander in chitsf
and the minister.
According t a message from Xira
raugua, the government admits tho
execution occurred. Officials justify
the act by the declaration tnat Grace
and Cannon confessed that they were
laying mines In the San Juan river
for the purpose of blowing up steam
ers carrying government troops.
AFLOAT FOR DAYS OX
LAKE WITHOUT lX)OD
Duluth, Nor. 20. After being toss
ed helplessly for 84 hours In a "dead"
gasoline launch and going 60 hours
without food. Axel Oburg, wife and
two children, and two sailors, were
cast on the rocks of Lake Superior
13 miles from here more dead than
alive. By superhuman efforts the
sailors reached here with the news
of the terrifying experience. A life
saving launch was dispatched and
brought the family here.
GOMPERS ELECTED AGAIN
AS HEAD OF FEDERATION
Toronto, Ont., Nov. 20. Samuel
Gompers was reelected president of
the Federation today. Vociferous
cheering greeted the outcome of the
election, and Compels received a
great ovation. St. Louis was selected
as the next convention place.
YALE CONQUERS HER
ANCIENT ENEMY
Boston. Nov. 20. In the annual
go '.ihall gi'ine between Vol.' nnd Har
vard, the former captured victory this
afternoon by the sooreof 8 to 0.
Condon lias Fire Loss.
Condon, Ore., Nov. 20. Fire and
water yesterday ruined tho stoi k and
building of the Red Cross Drug com
pany.. Tho damage of ten thousand
d liars was partly insured.
Auction nt Apple Show.
Spokane. Nov. 20. The National
Apple show closes t n'ght with a bin
auction of the displays. Tho awards
will be finished this afternoon. Most
of the small prizes wont to Wcnatchoo.
Mrs. Reed Found Guilty,
Denver, X"-v-. 20. JTrs. Ellen FV
Reed was foun iiuiiiy t..d;,y u,"
suilt on Genevieve Chandler Ph 1
lips while attempting t i commit lar
ceny. '
Jury Disagreed.
Tiu-oma. Nov. 20.- Hie jury disa
gr. ed in tho case against Mrs. Mar
tin Kvalshug for complicity in til '
death of her husband May 14. alter
he n ;t out 17 hours. '
John P. MeManus came in from
Pilot Uoc lac! evening on businev.
In connection with tho litigation
which has tied up temporarily the sale
of his Applcburg Tracts.
Ill
RESCUE LIVING MEN
FROM FATAL MINE
Cherry, Nov. 20. When the govern
ment mine Inspector came out at two
o'clock he told newspaper men that
n men naa neen muna unve in tne
east tunnel on the second level. He
slated the men were under he Im-
piesslon that they had been In the
mine but a day. According to Paul,
they were found sheltered behind a
wall of debris. They lived on food
carried into the mine with them. At
two thirty this afternoon twenty one
livng men had been removed from the
hi!ne.
This afternoon 50 bodies had been
taken from the mine, 23 of which had
been identified.
Later. A hundred men were found
alive when the Inspectors made their
second trip in the mine, which now
makes a total of one hundred and
forty two survivors.
ASTOR S YACHT IS
AS YET UNHEARD OF
Kingston, Jamaica, Nov. 20. Mr.
Astor's yacht Nourmahal cleared
from Kingston for Ponce, Porto Rico,
at midday, Noveniber 5. She did not
coal here.
Incoming vessels have not reported
sighting the Nourmahal. The British
cruiser Scylla went in search of the
missing vessel on Thursday.
ROBBERY IN CITY
MRS. W. M. SLUSH ER
IX)SES $00 JEWELS
Theft Is Sitprwised to Have Occured
Ijist Sunday While Family Was at
Church Officers Hnve Bern Work
lug all Werlt on Case bnt no Clew
Is Afforded.
News of a $Sfi0 diamond robbery
which occurred In this city during the
past week, has just come to light. The
officers have been working quietly on
the case for some time In tho hopes
of being able lo apreiiend the guilty
person but they have about come to
the conclusion that the robber has
made good his escape from the city.
Mrs. William Slusher, wife of Wil
liam Slasher, the prominent wool
grower and Former Joint representative
fiom Umatilla and Morrow countv is
the victim. The diamonds are believ
ed to have been taken from her room
in their residence in North Pendle
ton last Sunday morning, while the
family was at church. While the lred
girl was in the . kitchen, preparing
the midday meal, it Is believed the
thief, who had evidently been ob
serving the habits of the family, en
tered the front door, made his way
to the room of Mrs. Slusher and se
cured possession of the jewels. That
he was familiar with the house and
the place where the diamonds were
kept, is evident from the fact that
nothing else was taken.
The jewels taken consisted of two
solitaires and a turquoise ring with a
diamond setting. The jewels were
valued at J600, not to mention the
value placed upon thorn by the owner
through the attachment she had
formed for them during the years 'of
their possession.
The last time Mrs. Slusher wore
the rings was last Saturday evening.
They wore not, missed until Tuesday
hut it is believed that the only time
when they could possibly have been
taken was Sunday morning when the
family was at church.
Both the city and county officer1"
are working on the case, but owing
t th" two days start which the thief
had. and the probability that he Im
mediately made an effort to put a
great distance between himself and
Pendleton, there seems to bo small
chance of apprehending the perpe
trator of the bold deed.
E. R. .Stuller of 'pinker Ci!v is ear
ing for business interests In Pendlet j
FITZGERALD SAYS TRACTION COMPANY
WILL COMPLY WITH ITS FRANCHISE
That tho Washlng-on & Oregon
Traction company will build three
miles of street railway in Pendleton
and immediate viciaty within the
next five months and thereby com
ply with the r. -quir, tnents of its
franchise was state! ..., y ;,v Tl. F! .
(cril 1, 'ouit-'r f v co:o; ,m-
who i--. now in - ci'iy During the
past f w days Mr. l'.t.-.Gerald and
Mux K. Ilaumcistcr. .ti whose name
the franchise is held, have Ix-cn ar
ranging for lu adquarters in Pen He
ton. In discussing (lie plans of tho c mi
pany today. Mr. KitticiMld said t'.i.at
as a tvsu'.t of the d. nial to tho com
pany of a franchise 1,1 YVall.i WaS.i
this city will be m id the hond.ni.ir
I
GENTLEMEN'S RYAN SOON TO
IGOEEINT" 01 OIS DOOM
Thus Defense in Coal Land
Cases Designates Compact
to Consolidate.
TACIT UXDERSTAXDIXG
BUT XO WnrTTEX COXTRACT
Cunningham Interests Seek to Prove
Combination Wag Xot Illegal
Government Produces Affidavits
Showing Intended Consolidation by
Which Cunningham Would Profit
Entrymen Itefused Offer from
Guggenheim Agent.
Seattle, Nov. 20. That the Cun
ningham entrymen had a "gentle
men's agreement" to consolidate their
claims and work them in common or
sell in a body to the Guggenheims,
but had no such, binding compact as
to involve the Integrity of individual
titles of the entrymen, is the defense
indicated in the preliminary sparring
In the coal lands cases being tried
here.
By affidavits of the entrymen and
of the Cunningham agent, the gov
ernment has already shown that or
iginally there was an agreement or
understanding among the entrymen
which would consolidate the claims
and give Cunningham an eighth in
terest for his services. Entryman A.
D. Jones, in an affidavit, said: "We
have understood among ourselves
that when the titles have been secur
ed we would form a company to com
bine the entire group. This was only
an understanding. We had no writ
ten agreement -or instrument what
ever. Last spring the Guggenheim
agent made us an offer which a few
wanted to accept, but the majority
refused to consider and the others
stood, by the majority."
OREGON DEFEATS AGGIES.
Eugene Bunch Wins Contest Yester
day 12 to Nothing.
Eugene, Ore., Nov. 20. On a sloppy
field with a heavy rain soaking play
ers and spectators alike, the Univer
sity of Oregon's football eleven tri
umphed over the Oregon Agricultural
college team in the annual contest
yesterday afternoon by a score of 12
to 0.
The game was hard fought through
out and plays by both teams were
confined largely to straight football.
Oregon's superior weight clearly gave
the Eugene eleven the advantage, and
though the Aggies put up a stiff de
fensive game, were unable to hold
their opponents from scoring.
FROST SPOILS EUGENE'S
CHRYSANTHEMUM SHOW
Eugene, Ore., Nov. 20. The chrys
anthemum fair which is being held in
the basement of the First Presbyterian
church of this city, is not as success
ful as was anticipated, because the re
cent cold weather injured many of the
finest flowers. A few plants had been
kept away from the cold weather.
Editor Otis Ix'iives Hospital.
Baltimore, Md., Nov. 20. Gener
al Harrison Gray Otis, editor of the
Los Angeles Times, has left the Johns
Hopkins hospital, after recovering
from a serious operation performed
some time ago. He is at Sharpshurg,
Md., -where he is revisiting the battle
field of Antietam. He took part In
that battle as a member of an Ohio
regiment. ' .
Tias r.O. Oklahoma 0.
A ust. m. Tex:1-. Nov. 10. Texas
university 30; University of Oklahoma
0
I tors of the company and also for tlu
; construction work. Ho :. it mates that
i at first the il 'rtvlc lino will be ex-
f."i-i i r-ri... ,.r ). distance to
Walla Walla, say as far as Ahena or
i Weston. The traffic of tho section
! will t '. n ' hern t this city an.!
':.! v.; t- ,n,. will be ex 'en io !
:,: Wtill i Walla.
1 Mr. I'ltth r.iM lkow's sines tha!
I his com v-ar. y iv'll fu: nish electricity
for poWtl" Ml,; l;;ilti:i purposes oili.,
I t. this :!-. .-ays his company,
iii.c th N Tthwi sti j-,, company, will
not have snl'ficiiht power for l.th
cities .-So tho W.i-h lurton & Oregon
i;on'.: ny will cotifin... its business to
:i la ton ai r. . At the time the
company luaai, i T'.s franchise in
Pendleton Mi r.-.i-.Cc: a! 1 and asso-
Famous Murder Case Will
Probably Be in the Jury's
Hands Tonight.
PRISOXEIl LOST HIS
TEMPEll OX STAXD
All Evidence and Testimony Is Sub
mitted and Arguments Being Made
Phelps' Cross Examination Ar
oused Vindictive Spirit of Accused
Defense Weaves Last Strand
Attempts to Disprove Testimony of
Shubert and Xeuner.
$
The trial of the Ryan murder
case took a new turn late this
afternoon and it may not go to 4
the Jury tonight. Just before
closing their cases, the defense
put on a number of witnesses
from Waitsburg, Washington,
and vicinity to show that Diz-
on's reputation for peace and
quietude was bad. This will
probably cause the state to put
on reputaton witnesses in re-
buttal and the case may go over
until Monday.
Mike Ryan's fate will probably be
In the hands of the Jury by 10 o'clock
this evening. At time of going to
press, practically all that remained:
was the arguments of the attorney?
and it is not .believed that many hours
will be consumed in this. It Is there
fore possible that the man accused of
murder will know by morning what
fate is in store for him.
The feature of yesterday afternoon's
sessions of the trial was the cross-examination
of Ryan. For more than
three hours District Attorney Phelps
kept the witness on the stand and do
ing a great portion of that time ha
was beside himself with anger. If It
was the purpose of the district attor
ney to show to the jury that the ac
cused man had an ungovernable tem
per and vindictive spirit, he apparent
ly was successful.
Otherwise the defendant . made a
good witness for himself. He told a
straightforward story of the occur
ences on the day and evening of the
tragedy, apparently fully accounting
for his presence in fhe lane with the
gun when. Shubert was first stopped
and also for his presene with the same
gun In the Dixie pasture, later in tha
evening when Ryan and Dixon return
ed for the team.
When Ryan left the stand, the de
fense began the introduction of tes
timony to show that it was Impossible
to distinguish a gun in the hands of
a man near the Ryan house from the
Xeuner home, a feat which both Shu
bert and Neuner claimed they did.
Twenty-one tests were made. Wit
nesses were also put on the stand to
show that at a distance of six feet, a
discharge from a gun, similar to the
one used by Ryan, would not leave a
powder mark on clothing. As the am
ount of powder used in the cartridge
with whicu the test was made, was
not the same as that In the cart
ridge with which Dixon was killed.
the court refused to allow the testi
mony to go to the Jury. It was there
fore read in to the record.
The threatened introduction of
character and reputation testimony
failed to materialize thus far and the
rebuttal testimony, if any, will there
fore probably be short.
The court has been packed with
spectators all day. there being tho
most women present of any time since
the trial started.
, dates promised to furnish power to
l this city at rales much 1 uver than
, those given by the present clectr.c
i company.
i At th f fine, according to Mr. Fitz
gerald, nothing but preliminary work
has been d r.e . towards developing
the c mr-iny' power plant.
Tivt tho tr.icti.-u company will al
so establish, a park in tho vicinity of
til s etn !s announced by Mr. Fitx
, Gerald and ho says the select en of
; teal; i a art of the i-reinn!-
, n. ry wori; the compjiiv must b
At fa's tinio Mers. FltgG, raid and
Pa'umeis-ter are m'- k'ng an ce lo
cation in thisolty. Thus fv t),,.y
have n.-t s. cured qua rtods 1; ts.
p.vt to ebta n a l vat . u sonic w lo re
t up n Ma n street.