EIGHT PAGES. PAGE EIGHT. DAILY EAST OREGON1AN, PENDLETON, OREGON, MONDAY, JANUARY 3. i Be You Love ATE HAVE A NICE LINE OP PICKLES ANT) RELISHES THAT WILL JUST SUIT YOUR TASTE. . PICKLES Sweet, Sour and Dill. right fresh too. CHILE PEPPERS, PEPPER . SAUCE, MUSTARD, nORSE-RAD-ISH AND SALAD DRESSINGS. Phone ns an order we are sure it will please you. Standard Grocery Co. 214-216 East Court St. ' Leading Grocers. GRAND JURY PROBES CRIMINAL CASES INVESTIGATING UMATILLA "MURDER CASE TODAY Will Probably Return BUI This Eve ning Indictment Is Looked For Local Option Violators Will Be Overhauled. The Umatilla errand jury is now in session, having been called together thia morning by Circuit Judge H. J. Bean. Judging by the witnesses summoned the first case to be called for Invest! ev.uu - .-o v "- ! those to be considered at this ,iMA and was that of George Tracy, ac cused of tl near Uma cused of the Murder of Andy Rabeal. ! atilla, the evening of No- vember 23. As it is believed that the ' . . ,rloj number of witnesses to be examined i . ' . ,, tfc ,,.,; ! tion of this - case will probably be concluded today and the grand Jury ; will be ready to return a true bill or a not true bill, by this evening or early tomorrow morning. The gen- eral impression prevails that the pris- oner will be indicted. ! The case against the other men now in Jail will be taken up next. After those are disposed of the cases against I those men who are out on bail will be investigated and later, suspected violations of the local option law will be looked Into and any other cases which the district attorney may have to present for the consideration of the Jury. One of the principal cases to be in vestigated is that of William Walker, who is accused of burning his son-in-law's house and barn. As District Attorney Phelps is busy 'in court. Deputy District Attorney Stelwer is directing the Investigations of the grand Jury The following are the members of , the erand Jury- t? H Wilcox. J. W. Keen, J. C. Neal, M. R. Yates. Sam Bannister, Bell Davis and .Swanty Anderson. IS SAND A MINERAL? CASE IN COURT RESTS ON THAT QUESTION Parties Dispute Ownership of Sand pit Both Claim Possession on Dif ferent Grounds Case Being Ar gued Now. A civil case of more than usual Im portance is being argued today be fore Circuit Judge Bean, It Is the case of Joseph C. Scott versus Sam Looney and O. W.. Knight and an im posing array of legal talent is repre sented In the case. The point at Is sue is the possession of a gravel pit near Umatilla from which is obtain ed valuable building sand, an article of commerce which is exceedingly scarce. The pit has been operated for a number of years by Knight and Looney both as a sand and gravel pit and also as a placer claim. They are now trying to hold It on the ground that It Is a placer claim, while Scott seeks possession by virtue of a deed which he obtained from the Northern Pacific company. Looney and Knight are represented by Phelps & Stelwer, and Lowell & Winter of this city and John H. Pe digo of Walla Walla. Scott Is repre sented by O. C. Gose of Walla Walla and Carter & Smythe of this city. At torney Guy Bartlett of Walla Walla is here as a witness. The defense alleges that the pit Is valuable as a placer claim and also that the building sand is m'neral In nature and that therefore they are entitled to hold it as a mineral claim. The plaintiff alleges that the pit is not valuable as a placer claim and de nies that building sand Is to be con videred as m'neral. The claim l a very valuable one for tho reason that the sand is of a )) Tha French Restaurant 8 T. H. Swerlngcn. Mgr. Thoroughly renovated First-class rooms in con nection. - Private dining parlors; good service and the best cooks. REGULAR MEALS 25 CTS. Sick or Not OLIVES Ripe, Green and Stuffed, new line Just received. very superior quality for building purposes and the case will probably be appealed to the supreme court, no matter which side wins in the present controversy. MRS. ELIZARETH BROWN BURIED THIS AFTERNOON j Funeral services for Mrs. Eliza beth Brown, who died at St. An thony's hospital, Saturday morning, were conducted this afternoon at 2 o'clock at the Baker undertaking chapel by Rev. Nathan Evans, pastor of the First Methodist church. Death was due to asthma and old age. She had been a sufferer for many months. Miss Elizabeth Perry was born in EvanBVllle, Indiana, Sept. 1, 1833. In 18S1 she was united in marriage to M. E. Brown who died in 1878. Ten children were born as the result of this union, seven of whom are living, a r, ti,.. u TP r,. KCI1C, AXIS. O. v,. iJUlnvi , . . v " ana wiuiam crown, 01 renaieion; . ...... n . ... . "oe "l "f" Z""' J """" -"-". deceased ii-ved to Kansas from , , . . . . ,, . , which state she came to Pendleton in 1890. She resided on a ranch on Tu- tilla for a time and later moved to the ranch of her son near Duncan. ' The deceased was a devoted mem- "" "l " T lve wr,ker unUl dlsease made 11 ' Farmers' Union Meetings, Members of the Farmers' Educa tional & co-operative union in uma- tilla county will, please take notice of the following meeting: H. H. Mc Lean of Walla Walla, and the Wash ington state organizer,. Reld, will speak In Milton January 3; Athena January 4, Helix, January 5,' Pen dleton January . 6. and Pilot Rock January 7.. These speakers desire to hold open meetings in the forenoon for. everybody, and closed meetings in the afternoon. These brothers have something especially interesting and Important to tell you. Tell your neighbor and go yourself. I will be with them at most of these points. ' . a. oi.r,o. State President. Marooned Party on Mt. Bakly. Claremont, Cal., Jan. ' 2. Three i members of the party of IB persons who were marooned on the side of Mount Baldy last night owing to a land slide, reached here late today af ter climbing down the- mountainside over a trail cut by themselves. The other members of the "party will re main on the mountain until the old trail can be reopened. They have am ple provisions and are in no danger. In Honor of Portland Girl. Miss Edith Slusher entertained a few friends at dinner Monday even ing in honor of her guest Miss Alice Whrung who is a student at St. Hel ens Hall. Those present were Miss Kathleen Furnish of Portland, Miss Alice Whrung of Portland. Miss Edith Slusher, Mr. Harold J. Warner, Mr. Lyman Rice, and Mr. Hawley Bean. Miss Whrung expects to return to Portland Tuesday. Many Dry States Become Drier. Washington, Jan. 3. The new criminal code forbidding the express companies to carry C. O. D. packages of liquor into prohibition districts has gone Into effect. The companies are forbidden to collect "the purchase price of liquor shipped as Interstate commerce, on or after delivery." Mining Engineer Dies. Denver, Jan. 2. Harvey A. Ship man. a mining engineer of Interna tional reputation, died here tonight of pneumonia. Mr. Shipman operated mining properties In the United States, Australia and South Africa. Lake Shore Train Wrecked. Sandusky, Ohio, Jan. 2. A passen ger train on the Lake Shore was wrecked near Huron today. Hun dreds of excursionists narrowly es caped, but one fireman was Injured. Emperor Consents to Marriage. Berlin, Jan. 2 The emperor has consented to the bethrothal of his cousin. Prince Frederick Wilhelm of Prussia, son of the late Prince Al brecht, regent of Brunswick, to Prin cess Agathe von Ratibor and Corvey. Tlireo Men Aro Held. Indianapolis, Ind., Jan. 2. A dis patch from Versailles, Ohio, late to night, says three men are held, charged with having caused the wreck of the Knickerbocker upeclal train at Dawn. Ohio, last night. Cold it) California. Nevada City, Calif., Jan. 8. Neva da county is in the grip of the coldest weather In years today. At Truckee last night the thermometer register ed 12 below zero. It was eight be low here. PERSONAL MENTION Frank Sloan of Echo, was a Pen dleton Sunday visitor., Verna M. Vanander of Echo, Is the guest of Pendleton friends. W. Roy Saxton of Ilermlston was a visitor In the city over Sunday. T. W. Cllne of Umatilla, Is tran sacting business at the county seat. W. B. Tubbs of Walla Walla, is a guest of the Hotel Pendleton today. G. L. Richardson of Stanfleld, was an over Sunday visitor In Pendleton. Tim Rurko of near Stanfleld, was the guest of friends In this city yes terday. R. C. Wlmer has gone to Portland and Salem upon a visit with friends and relatives. Nesmlth Ankeny returned this' morning from a week-end visit in Walla Walla. Miss Eva Savage, who passed the holidays at her home In Salem, ar rived yesterday. E. B. Wood, special detective for the O. R. & N Is in the city today In an official capacity, Mrs. Lavelle McDonald left last evening for Kahlotus, Wash.j where she is teaching school. Miss Lulu George has returneeffrom St. Helens, where she visited, at her home during the holidays. Mrs. Pete Anderson and children were passengers on . the Incoming Northern Pacific train Sunday,. Miss Maude Cook has returned from Oregon City, where she visited at her home during the holidays. Miss Catherine Campbell has re turned to Walla Walla to resume her school work, after spending the holl days In Pendleton. Miss Inez Makin and Miss Mary Zurcher arrived Saturday night from Enterprise, where they passed the holidays. Miss Helen Lewis of Corvallis, left yesterday for her home after having visited with friends in the city for several days. Mrs. Dayton Barnhart and daughter Helen have returned from Portland where they have been visiting Mrs. Bamhart's sister. Miss Helen Hays, who Is teaching In the vicltltv of Pendleton, has re- fir,o.1 fwnm Pnrttanf vhA i passer the holidays. Virgil Cooper, of Walla Walla, "who spent the week end In this city as the guest of friends, returned to the I Garden City last night. Frank Frazler left thls'mornlng for Portland on the local train, where he will spend a couple of days in the transaction of business. C. V. Daniels expects to -leave Wed nesday for Honolulu on an extended pleasure trip. He will remain during the rest of the winter, P. T. Harbour, manager of the brick yard, - has Just returned to his home at Weston after a visit at his old home In North Carolina. Anton Nolte was a passenger on the Incoming train from Pasco yesterday. Roy Alexander returned this morn ing from a visit In Portland. Mrs. Warren and daughter, Miss Viva Warren, have returned . from Lind, Wash., where they visited with relatives during the holidays. County Roadmaster Dave Lavender came down this morning from his home at Weston on business In con nection with the roads of the county. W. H. Musselman, principal of the Helix schools, Is at St. Anthony's hos pital with a severe attack of rheuma tism. . He has been there for several days. Mr. and Mrs. William Cooper and daughter Elva, have returned from a visit In Portland with the parents of Mrs. Cooper,- Mr. and Mrs. John Schroeder. Miss Sue Hayes, who has been vis iting Miss Edith Johnson in this city, left this morning for Fossil, where she is an Instructor in the Wheeler county high school. Attorney S. F Wilson of Athena, came down from that place on the Pendleton-Walla Walla local this morning and is caring for the Inter ests of clients here today. Miss Hazel Howland left yester day for Ellensburg, Wash., to reenter the state normal school after having spent Christmas visiting at the home of her brother, Ralph Howland. William Godeck, lineman for the telephone company, left this morning for Umatilla to repair the long dis tance line which Is In trouble at some point between here and Arlington. flint Buznn, who Is now employed as a chaeuffeur In Portland, expects to return to the metropolis this eve ning, after having spent the holidays at the home of, his parents In this city. Norman Sarkis. formerly addsetter on the East Oregonlan and who is now In the oriental rug business In Portland, spent New Years ln-the city the guest of relatives. Mrs. Sarkis and little son have been visiting here for a month. KTAGG FAVORS RETENTION OF GAME WITH MODIFICATIONS Chicago, Jan. 2. Coach Stagg of the University of Chicago, who re turned today from the meeting of the Intercollegiate athletic associ ation In New York, declared that foot ball as played in American college Is well on the way to thorough re vision, but that the present game would be retained with changes and no other substituted. "I feel Just as strongly as ever," said Coach Stagg, "that the modern scientific game of football should not and will not, be given up. I also feel that the salvation of the game will be In making It more open." Stagg further asserted that any Impression that the national experts favor a re- vision to Rugby on the adoption of the association game Is false. WRIGHTS WOULD NOT LET THEIR, RIVAL FLY Los Angeles, Calif., Jan. 8. Dick Ferris, the general manager of the aviation jiieet which Is to be held her this month In which Curtlss Is entered as a competitor, when lnform-1 ed that an Injunction had been grant ed the Wright brothers against Cur tis, by Judge Hazel of Buffalo, an nounced that Secretary Zelhandelsar of the Merchants-Manufacturers' as sociation, would retain an attorney to take up the case here. Ferris stat ed the matter would probably be car ried to the United States supreme court by aviation promoters acting In Curtiss behalf. MILLIONAIRE DIES FROM NEW YEAR'S INJURIES San Francisco. Jan. 3. Frank H. Jermyn, a wealthy . coal baron of Scranton, who was struck by a Mar ket street car early on New Years day, died from his injuries early to day. The Injured man suffered greatly Sunday and an operation on his fractured spine was decided upon by physloiajis as the only means of saving his life. He died before taken to the operation table, Jermyn was a millionaire. KUniAK IS HERE TO FIGHT "JIM" JEFFRIES New York, Jan., 3. "Al" Kublak, the Michigan giant, who 'recently put up a good fight with "Joe" Jeanette despite his woeful lack of condition, returned to America from Paris to day with John M. Kelley, his mana ger. Kublak has received an offer from the National Athletic club, of Philadelphia, to meet "Jim Jeffries In a six-round bout in January. . Five New Trains on Pennsy. New York, Jan. 8. The PennsyK vanla Railroad company added five new trains between Pittsburg and New York. All of the trains in a measure will be controlled by the government, as they will carry prin cipally the mails. The placing of these trains In ser vice will result In the promotion of a number of trainmen. Practically all of the trainmen laid off in 1907 have been reinstated. MAY TAKE WATER FROM CLEAR LAKE Klamath Falls, Ore. Considerable agitation has been caused by the re port coming from Modoc county, Cal., that an effort Is to be made to utilize the waters of Clear lake for the Irrigation of lands in California, Instead of the lands in what Is known as the upper project of the Klamath system. The waters of Clear lake could be diverted so as to Irrigate either the lands in Oregon or those In California. There is, however, not enough, water for both projects. It is claimed by the people of Mo doc county that there are 30,000 acres of irrigable land in Cal fornla all of which would be subscribed for gov ernment Irrigation . In the event the waters of Clear lake should be di verted so as to be utilized In the reclamation of the Modoc county lands. In Oregon there are more than twice as many acres, but less than 30,000 have bee subscribed for government water. Wh le there are many Klamath landowners who are inclined to be lieve that there is a remote chance that the waters of Clear lake may be diverted for the benefit of the Modoc country, there are others who feel that the project is too far advanced to permit of an action of this kind. HOTEL CELLAR TOO MUCH FOR BULLDOG San Jose. Cal. "Complete nervous prostration, superinduced by rough treatment at the hands of hotel em ployes." Such was the verdict of the vet erlnarles In charge of the hospital to which Lucky, the blue blooded brlndle bull dog of Mr. and Mrs. Wil liam P. Metmore of San Francisco was brought yesterday. The animal, accustomed to the best couches of the San Francisco exclun Ive hostelrles, was relegated to the coal cellar of the St. James hotel here by bell-boys who were unacqtfalnted with his pedigree. Mr. and Mrs. w'etmore were out of the hotel at the time, and the bullodg was carried from his couch to the basement by hands that handled him none too gently. The plebian surroundings were too much for Lucky, and he fell 111 fighting cats and mongrel dogs upset his nerves, and he collapsed, His condition Is reported to be serlr ous. "Good gracious, Isn't that your husband across the street there quar reling with the man on the opposite porch?" "Oh, they're not really qtmrrelini;. Thrv dispute' that way every nlgVu. Oforio? is a monoplanlst. and Mr. Stlgglns Is a blplanlst." During "aviation week" at Rheims an aeroplanlst was fined twenty francs for reckless flying. He did not run Into anyone, nor did he smam Into anything; he merely frightened the spectators. The Quell e Gas. La Fountalne, Prop. fteot 26 cent meals in the Nnrtbv west. First-class Cooks and Serrlee. Shell-fish In Season. La Fountalne Block, Mala fll. st Receive Fine now lino of Ladies' Dancing Pumps mall the New Styles Ladies?' high-cut 6hoes in tana, blacks, patent leathers, mat tops, etc See this line before buying. BOSTON STORE Where you trade to Save NO GAME WITH MULTNOMAH. Clubmen Have Holiday Dates Filled All-Stars Must Seek Other Fields. Manager George McMUlen of the Multnomah club, this morning tele graphed to Tom McDonald at Seattle, closing for the appearance of the All American football players here New Year's afternoon. Thia closes both holiday dates In Portland and dispos es of the proposed visit of the Engle wood or Ann Arbor high school elev ens to Portland during the year-end. McDonald will bring down the greatest aggregation of stars ever gathered on one eleven in the north west Most of these stars have been coach ng during the fall and are hard as nails. The others will find it an easy thing to get into condition. McDonald is banking on Bob Forbes, the great Yale All-Amerlcan end, "who coached the University of Oregon team; Oliver Cutts, the old All-Amerlcan lineman of Harvard; Jack Owlsley, the great Yale back; Gllmore Doble, the famous Wisconsin player who coached Washington Into two championships; urogan, the laa ho coach, who starred at Knox col lege,' and half a dozen others of equal fame. Getting together an eleven to play Christmas or New Year's football Is no small task. ' The college elevens have all quit .playing and the club must look to other clubs or all-star aggregations to fllle In the date. On the surface the game New Year's with the All-Americans, as they Oregon Theatre Monday Night, Jan. v2) CULLIGAN A Heal M Nashville Students BAND AND ORCHESTRA. Tlic Strongest Hinging and Dancing Show in America. Prices: 75c 50c--25c Pendleton Drug Co. they are styled, looks as If it will be i the classiest struggle that has been seen here In recent years. Captain Latourette will order the clubmen to report for practloe and the players will be whipped back Into shape as rapidly as possible. They will probably be strengthened by sev eral college stars and the All-Am al eans will find themselves up against the real thing. Portland Journal. BRET HARTE'8 DAUGHTER ' SECURES A DIVORCE Boulder, Colo. Jessamine : Harte, daughter of the late Brete Harte, the novelist, has been granted a divorce from Henry Mtlford Steel, once well known In financial circles In Denver, who is now engaged In farming near Longmont The decree was entered by Judge F. J. Ingram of the Boulder county court, on the ground of ex treme cruelty. Program at tha Orptieum. Music by Johnson's orchestra, A. H. Johnson, leader. 1. March The New King, B. G. McFall. . i 2. Selection The Talk of New York, Oeo. M. Cohan. 3- Picture The Purse. 4. Picture Almost a Suicide. 6. Picture Good Brigadier. 6. Picture Squaw's Sacrifice. 7. Song What Makes the World Go Round. Read the "Want" ads today. HOCKWALD Negro THE ARRIVAL OF THE NEW YEAR means the newest up-to-date meth ods In the cleaning and dyelag of men's suits, overcoats and In the cleaning of lady's fine dresses, waists, coats, etc. Turn over a new leaf for the new year and make a good reso lution to have your garments eleaaea and pressed or dyed at Sullivan's. 20 V4 E. Alta St. Phone Maine 1st. Pendleton Dye Works ONE THING YOU CAN GAMBLE ON IN PENDLETON tho quality of beef you buy here, whether for roasting, or broiling. We would rather Bell you nothing than sell you a poor thing. You might be disappointed momentarily, but would . appreciate our desire to give you what you want. Fortunately our fa cilities are such that we are "out of stock" very seldom, no matter what particular meat or cut you have In mind. FRESH FISH EVERY DAY. Central Meat Market 'lot B. Alta St. 'Phone Main II