EVENING EDITION
EVENING EDITION
WEATHER REPORT
Snow tonight or Tues
day. Calling cards, wed
ding stationery, com
mercial stationery an.l
Job printing to order
-t the East OregonUn.
?'..
COUNTY OFFICIAL PAPER.
Ht "'os.
i r n i n n n
VOL. 22.
PENDLETON, OllEGON, MONDAY, JAN (JAIIY 10, 1910.
NO 6794
! 1
r- : ;
T
January Session will Probably
Consume Five or Six Weeks.
Many Cases on Docket.
CASKS RANGE FROM PETTY
LARCENY TO MURDER
Regular Tcrtu of Circuit Court Con
vened. Tills Morning Cases to Be
Tried Include All Crimes In Cat
alogueOld Grand Jury Makes Fi
nal Report and Is Dlschargd
New Grand Jury Is Selected Mi
nor Cases Today.
NEW GRIND JURY.
James S, Bell, Athena fore
man). L. C. Rothrock, Pendleton.
James Hill, Helix. -Arthur
Hoscall, Pilot Rock.
W. S. Mlsner, Weston.
J. H. Welker, Holdman.
J. W. Pinkerton, Athena.
With aJmost all the crimes in the
catalogue from petty larceny to mur
der included in the docket the reg
ular January term of the circuit court
which was convened this morning at
10 o'clock. The list of capes to be
tried, not only contains a number of
Important cases, but It is a long one
and it is estimated that at least five
weeks will probably be consumed In
clearing the docket. At that it is ex
pected that some of the cases will be
carried over.
The old grand Jury made Its final
report Saturday evening and was dis
charged from further duty, while a
new one was drawn this morning and
tmmeddtatcly took up the Investiga
tion of some matters which were left
uncompleted by tho o3d body. Dis
trict Attorney Phelps Is directing the
Investigations before this body.
These cases were set for trial to
day. The first of these was the Cit
izens National Bank against Robert
Coppock. The attorneys for the de
fense confessed Judgment and the
case was wiped from the docket.
The eecond case called was one
against the Queen Insurance company
and It was continued to the next term
of court. The third case called was
that .of Jack Winnumshuft (an In
dian) against Mark Butler. As the
Indians were not in court the case
was continued until, this afternoon.
Tho next case to be called will be
that of The State of Oregon versus
Frank J. Ely. This will come up to
morrow. Ely is the transcontinental
freight Inspector who Is accused by
Charles Dickens with complicity in
the freight depot thefts In this city.
He la the only man remaining to be
trie.
Another railroad case will follow
this one. It Is the case of Joseph
Bowlln against the O. R. A N. com
pany and Is tho one in which Bowlln,
a former brakeman. Is suing the com
pany for $15,600 damages for Injuries
received in an accident near Gibbon,
a couple of years ago.
The Morse horsestealing case which
Is coming up for Its second trial, will
probably be the next one on the dock
et. The Tracy or Arnold murder case
waa set tentatively for Monday, Jan
uary 24 . Attorney Will" M. Peterson
will appear with H. I. Watts for the
defendant.
Final Grand Jury Report.
The following Is tho f nal report of
the September grand Jury which end
ed Its labors Saturday:
To the Hon. H. J. Bean, Judge of the
Court of the State of Oregon, for
Umatilla County:
.We, your grand Jury, beg leave to
report to you the work done by this
grand Jury during Its sessions.
We have Investigated all cases pre
ented to us by the district attorney
DEFRAUDING CHECKERS
GET YEAR IN PEN.
New York., Jan. 10. Federal
Judge Martin today sentenced
Thomns Kehoe, Patrick J. Hen-
ncssy, John R. Boyle and Ed-
ward A. Coyle, formerly check-
ers on the Williamsburg docks
for the sugar trust, to one
year's Imprisonment on Black-
well's Island.
- They were convicted Decem-
bcr 17, 1909. for manipulating
the scales on the Williamsburg
docks In the Interests of im-
porters. Oliver Spitrer. another
checker who was convicted with
the above four, will be sentenc-
ed February 1. He Is In tho
hospital recovering from an
operation performed yesterday.
BEGINS
In as thorough manner as possible. We
have, reported true bills In a large
number of cases and not true bills
In other cases. We have investigated
them separately and have used our
best endeavors to get every part of
each case presented to us that we
might reach a Just and Intelligent de
cision. We have endeavored to ren
der a decision In every caso without
fear or favor.
We have investigated and inspected
the court house and all of the of . ices
and we find the building -In good re
pair and the several offices In good
condition. Wc find the books of tho
different departments in excellent
shape and the records are kept in a
thorough manner, showing expertness
and detail in every department, show
ing that the officers and clerks are
doing their work In a most satisfac
tory manner.
We visited the poor farm anl in
spected every department of that In
stitution. We found cvery'hlng In
the very best shape; the rooms clean,
tho bedding was not in the best repair
but was clean, the rooms were com
fortable, being warm, light, well ven
tilated and heated, the heating plant
is In good condition and the dining
room and kitchen clean and inviting.
The Inmates maije no complaint, but
stated that they were 'well treated
and given good .care. s
We found a large part of the coun
ty machinery stored In a building for
that purpose, Bhowlng that good care
Is taken of it. We found the stock
In excellent condition, showing good
care., There was an abundance of
feed and produce on the farm, every
thing Indicated careful and painstak
ing Judgment on the part of the su
perintendent and his wife. We find
there is In the cu'lnary department
too much work devolves upon the su
perintendent's wife, entirely too much
for her to attend to all this work
alone, and we recommend that addi
tional help be employed in this de
partment, as it is an Injustice to the
superintendent's wife to have to do
all this work without help.
We extend our thanks to tho dis
trict attorney and sheriff an! compli
ment them for their diligence In get
ting witnesses before the grand Jury
promptly, facilitating our work and
saving the county unnecessary ex
pense. We thank the court for the
consideration shown us during our
session and beg to be discharge I.
Respectfully submitted,
R. H. WILCOX, -
' Foreman. .
M. R. YATES,
J. W. KEEN, j
DELL DAVIS.
SAM BANISTEP..
J. C. NEIL,
SWANTY AND EPSON.
SMALL BOY, LOADED
PISTOL. DEAD WOMAN
OFFICF.BS PERPLEXED
OVER ENSUING PROBLEM
California Town Scene of Traced y
Whlcli Puzzles Offflclals Boy
Warned Woman In Spirit of Fun
That He Would Slioot He Bullet
Sent Crashing Through Her Head
Port' Costa, Calif . Jan. 10. Joe
Crowley, aged 10, charged with the
murder of Mrs. Patrick Sullivan, the
mother of six children, presents a
most perplexing problem in tho coun
try's history to local officers. "Look
out. Mrs. Sullivan. I'm going to shoot
you," cried the little boy as he point
ed a rusty revolver at tho woman as
she stood upon the railway plat
form. Mrs. Sullivan, half smiling,
half frightened. started toward
the boy to seize tho weapon. The
little fellow tightened his grasp on the
pistol, there was n loud report and
a flash as the woman lunged for
ward with a bullet In her brain. In
a few miuutos she was dead.
The boy was frightened nearly to
death. He had been rlaylng with the
revolver along with half a dozen oth
er boys all yesterday afternoon. To
ward dusk when Mrs. Sullivan ap
peared the little fellow conceived the
fatal plan of protending to shoot her.
Officers are trying to learn who is re
sponsible for leaving a loaded revol
ver where It could he found hy chil
dren. Dornndo lo Run TInyes.
San Francisco, Jnn. 9. Pietro Do
rando, the Italian long distance run
ner, arrived from the east today to
prepare for tho marathon race which
ho Is scheduled to run against John
Hayes, February 23. Henry St. Yves,
the Canadian runner who holds the
world's championship for the classic
distance. Is In tho city and will race
the winner of the Dora.ndo-Haycs con
test. .Rioters Must Die. r
El Pilso. Texas, Jan. 9. New, was
received by the authorities In Juarez
today that the court of last resort
had affirmed tho sentence of death
passed upon Jose Lugo, formerly of
Juarez, and IB others who engaged in
a riot at tho town of Viesca in the
state of Chihuahua last June, killing
and wounding several persons and
looting the postofflce, telegraph and
revenue offices.
T
IS
Jury Being Selected to Try
Former" Congressman tor
Conspiracy.
EXPECTED THAT MONTH
WILL BE CONSUMED
103 or 301 Veniremen Fail to Put in
VI'aranco at Drawing of Jury
Twelve Men Will Not Bo Picked for
Day or So Trial Will Be long and
Tedious Evidence of WatJiington
Trial Will Bo Rend in Records. . . .
Portland, Jan. 10. Binger Her
mann faced the opening of his trial
for conspiracy to defraud the gov
ernment of public lands beore Judge
Wolverton at 10 o'clock this morning.
Up to 12:30 tne court was busy hear
ing excuses of veniremen called to
form a Jury to try tho case. This af
ternoon attorneys will begin the task
of selecting twelve men out of the
remainder left from the original 301
men called to form a petit Jury. When
Clerk Marsh finished calling the long
list of names he found 105 of the
number had failed to put in an ap
pearance before the court. Forty
five more were excused for reasons of
illness or business.
This afternoon at 2 o'c'o k work of
selecting the trial Jury will he begun
and it is expected that a day or more
v. Ill be 'filled In this work, though at
torneys hope the box ir.&.v be filled
oui of the first few names called,
it is evident the trim will b.- n l.rns
mid tedious one.
Arrangements have been made be
tween the prosecution and the defense
by which a portion of tho evidence
given In the Hermann trial at Wash
ington, when he was accused of hav
ing .destroyed public records of the
land office, will be read lu the rec
ords here. This is done to save ex
pfiis.. and tho delay of bringing wit
nr?.ie from Washington. How much
of this transcript will be read is not
(fetermlned. ar.d may depend upon
the course of the trial as it develops.
It is expected, however, that a month
will be consumed in getting the cai
to the Jury.
BOY SHOOTS STEPFATHER
FOR STRIKING HIS MOTHER
San Francisco, Jan. 10. Leonard
Smith, motor man in the employ of
tho United Railroads, lies In the St.
Francis hospital today with a severe
bullet wound in his back, alleged to
be the result of a domestic quarrel.
The shot was fired by Merrill Smith,
the victim's IS year old stepson. Ac
cording to the story told by young
Smith who did the shooting, his moth
er and step father quarreled over a
few dollars wh'ch Mrs. Smith waa re
quested to give her husband. When
Smith attacked the woman tne lad
without hesitation seized a small cali
ber rifle from the corner of the room
and fired at his stepfather.
I-OTTKR WOUIJJ WORK
IN WESTERN FIELD
Cheyenne, Wyo., Jan. 9. A. F. Pot
ter, on his way to Washington to suc
ceed Glfford Pinchot as head of the
forest service, stated today that his
experience and personal knowledge
of western conditions undoubtedly
would bring the forest service and the
west Into closer harmony and that
his policy would be more favorable to
western Industries.
"I expect my relations with the
western. Interests to be most conge
nial." he said. "I desire to work In
harmony with the live stock associa
tions, to protect the full use of the na
tional forest ranges, to foster the stock
inUr;sls and promote the general wel
fare of the west."
E. P. Ward and wife ,f Echo, are
Pendleton visitors today.
HERMANN
1
1H LEVY FOR GOUNTY
Will
Umatilla county's tax levy for this
year Is to bo seven mills. This was
the decision reached by the county
court late Saturday afternoon.
The county levy for the city of Pen
dleton will only be 6.1 mills, however,
as the city Is exempt from payment
of the road tax, which this year is 1.9
mills.
Tho seven mill levy In divided as
follows:
State and county general fund, S
34-40 mills.
County school fund, 1 31-60.
Schooi library, 1-60.
ltoad, 1.9.
SMYTHE H
ASSQCIftTIQN
Pendleton Man is Chosen
President of Inter-state
Sheep Sanitary Association.
OKG WIZATION COMPItlSES
ALL WESTERN STATES
Formed ut Instance of Oregon Board
of Sheep Commissioners to Secure
' Regulation for Interstate Move
ments of Sheep Sheepmen Re
turn Meet in Portland Next Year
Plneliot's Successor Approved.
Attorney Dan P.' Smythe of this
city, Is president of the Interstate
Sheep Sanitary association which was
organized in Ogden, Utah, January 7.
This was the news brought back to
Pendleton this morning by the return
ing delegation, for though it was one
of the most prominent features in
connection with the convention of the
National Wool Growers' association
it missed getting into the pressreports
The association was formed with a
membership of 14 states and one oth
er, Oklahoma, will be taken in. The
movement which resulted In the for
mation of the organization was start
ed by the Oregon board of sheep com-
! mlss'oners through its secretary, Dan
j P. Smythe. His selection for the head
office w;ls therefore generally consld
' erorj merited.
: ' Tlie purpose of the association is
' to recure uniform quarantine laws,
! uniform bounty laws and uniform leg
i Islation which may affect in general
the sheep interests of the west. In
i thi past there has been a spirit of
retaliation among the' different states
; and many of the quarantine laws
j have been passed for the purpose of
I keeping out foreign sheep altogether
, instead of endeavoring to control and
j prevent diseases. Snm 'states have
required only inspection of sheep
I coming across their borders, while
1 others have required inspection, quar
j antining and dipping, regardless of
whether the animals were diseased,
exposed or clean. Through the ef-
forts of the association this condition
I of affairs will not bo permitted to
! continue longer.
j Approved by Bureau.
( Dr. A. D. Melvln, chief of the bu-
, reau of animal Industry of Washlng-
. ton, D. C, In charge of the western
field work of the department; Dr,
' Steadman. assistant to the chief and
, all the western chiefs, including Dr.
. S. W. McCluro of Pendleton, were
present and participated in the . or
ganizatlon. They ail approved of the
plan and Dr. Melvln declared it to be
the best meeting of Its kind he ever
attended. The bureau will be a
member of the association and the
chief of the bureau will be a member
of the executive committee.
In addition to President Smythe,
the other officers are W. H. Philbrlck
of Shohone, Idaho; secretary-treasurer,
and one vice president from each
state In the association. Charles Cleve
land of Greshara. is tho Oregon vice
president, S. B. Nelson, state veterin
arian of Washington repesenta his
state. Dr. Charles Keane, state vet
erinarian of California, represents
his, while L. R. Webster Is the Idaho
member. All states west of the Mis
sissippi belong to the association.
Meet In Portland Next.
The 1911 meeting af the national
association of woolgrowers and also
the meeting of the sheep sanitary' as
sociation, will be held in Portland,
Oregon. The selection of Portland Is
considered a victory for all of Oregon.
Pleased With Potter.
According to Mr. Smythe, who ret
turned this morning, with the other
growers of wool, the selection of A.
F. Potter to succeed Glfford Pinchot
of the forest service. Is regarded fa
vorably by the sheepmen of Oregon.
While he will probably follow the poli
cies of Pinchot to a great extent and
BE
This levy will bring In a total of
$284,473.
It had been hoped that the county
might escape with a levy of six mills
on this year's full value assessment,
but the Increase in the amount of the
school levy from seven to ten dollars
per capita, and the increased amount
demanded from the county by the
state, made it necessary to raise $30,
000 more than was counted on. Each
tenth of a mill will bring In about $4,.
000.
The amount of the road fund is
$70,696.
MILLS
he has always showed a spirit of fair
ness In the adjustment of Oregon dif
ficulties which have been brought be
fore him.
TRIAL OF CALHOUN
IS POSTPONED AGAIN
San Francisco, Jan. 10. Upon the
motion of Charles M. Flckert, the new
district attorney, the trial of Pat
rick Calhoun, the millionaire traction
magnate, charged with bribery, was
postponed today until January 31.
Flckert asked for the postponement
on the ground that he is not familiar
with the case's records. Attorney
Stanley Moore, for Calhoun, asked
that the trial be set for the earliest
possible date. The second trial of
Calhoun began last summer by Spe
cial Prosecutor Francis J. Heney,
but only a few temporary Jurors were
obtained before tho election drew near
ar.d as the case was the main Issue
In the campaign for the district attor
neyship, It waa postponed by agree
ment unti? November,
OLGA NETHERSOLE PLEADS
FOR FREEDOM OF "SUPE"
Sacramento, Jan. 10. Olga Neth
ersole, the actress, today petitioned
for the release from the San Quentin
penitentiary of Percy Pembroke, a
former "supe" In her company, who
Is sentenced to serve ten years.
Pembroke was convicted of a bur
glary charge, and prior to that
"suped" in the Oakland theatre dur
ing Miss Nethersole's last engagement
In that city. Upon her return to the
Pacific coast she heard of his pre
dicament and yesterday appealed to
Governor Gillette for clemency in h'.s
behalf.
MADRIZ NOT SINCERE IN
PROBING EXECUTIONS
Panama, Jan. 10. Information re
ceived from Managua today by Am
erican residents In Panama caused
them to believe that the investigation
Into the execution of Leroy Cannon
and Leonard G-roce in Nicaragua, or
dered by President Madriz will result
only in an official whitewash to the
incident. They say Madriz consented
to the Investigation only to satisfy
the demands of American residents
in Nicaragua and to place his. admin
istration upon a firmer Washington
footing. That the affair will result
in -no definite findings, or at befct that
some minor officers will be made
scrapegoats they say is inevitable.
CARNIVAL OF HIGH
FLYING IS OPENED
LOS ANGELES AVIATION
MEET FORMALLY BEGUN
Ascension of Two Spherical Balloons
Marks Inauguration of Congress of
Air Navigator la ringers Wife In
Basket.
Los Angeles, Jan. 10. The big avi
ation meet was officially begun at
noon when the balloon "New York"
piloted by Clifford Harmon the New
York millionaire aeronaut, shot up
from its mooring at Huntington
Park while thousands cheered. " Be
sides Harmon, the basket was occu
pied by Mrs. Dick Ferris, wife of the
general manager of the aviation meet,
John Off, Mrs. Off, George Dreussler
and George B. Harrison. A few sec
onds after the "New Tork" had been
loosed, the "Peoria" piloted by F. J.
Kana, of Peoria, Illinois, follow ed the
"New York." Both sphericals rose
rapidly after attaining an altitude of
about 300 feet they were borne toward
the northwest by the breeze.
Taft Nominates Postmaster.
Washington, Jan. 10. The nomina
tion of John P. McGlynn, as post
master of Laconnor, Wash., was made
today by President Taft. j
Steamer Runs Aground.
Kingston. Jamaica. Jan. 9. The I
Hamburg-American steamer Prinz
Joachim, which sailed at 5 o'clock i
.u . , i. . ., . !
in the eastern passage. The steamer
is not considered In danger, as the
weather is calm. The German crui
ser T?ertha has gone to her assistance.
OREGON DELEGATION
FIGHTS NEW APPLE BILL
Washington, Jan. 9. The Oregon
delegation has taken notice of the
bill Introduced by Representative La
fean of Pennsylvania, to establish
standard packages and grades for
apples, ind will oppose its passage,
believing Us provisions Inimical to
western fruit growers. The bill fixes
tho standard box for apples at a ca
pacity not less than 2342 cubic inches.
and standard grades, size A, two and
one-half inches In diameter, size K,
two and a fourth inches, and size C
two inches. The bill provides re
strictions upon packing and penalties
for deviations from standards and
grades. It is likely to prove onerous
to western growers.
L. B. Mitchell of Freewater, is am
ong the large number of Pendleton
visitors today from the East end of
the county.
E
FOR THE FRJT
Deposed Chief Forester Pre-;
pares Statement to Public.
Justifying Course.
ADMINISTRATION PARTY
FEELS UNCOMFORTABLE
Pirn-hot Prepares to Vindicate Action'
Which Led to nis Dismissal
Will be Conched In no Uncertain
Language Pinchot and Roosevelt J
In Communication Deposed Chief j
Flooded by Visitors and Mall. i
Washington. Jan. 10. Glfford Pin
chot is preparing a statement which ;
will be designated to vindicate his :
position in the controversy which led :
to his dismissal as chief forester by ',
President Taft. Stories that Pinchot :
has been in communication with CoL '
Roosevelt since the former president,
went to Africa are not denied by Pin--:
chot's friends today. The Taft admin- '
istration supporters appear to ba
much concerned ovsr the . possible
contents of PInchot's statement It
is expected It will point out In strong '
terms what Pinchot considers the ;
dangerous' attitude of the Taft admin- "
istration toward the conservation ot J
natural" resources.
Pinchot Is preparing the statement.,
in his capacity ass a private citizen, j
The work so far has been slow as be
has been constantly interrupted by a '
stream of sympathetic visitors who '
called to express their regret that he j
has left the government service. He
is being almost buried under an ava-
lanche of mail, and telegrams from
sympathizers throughout the country.
Pinchot Knows His Business.
Washington. T Jan. 10. Pinchot;
friends declare he is sdre of the po-'
sition he has taken and that he has '
not acted without careful consider-,
ation of results. The former chief
forester spent most of the day with
former Associate Forester Price, and.,
former Associate Law Officer Shaw,,
who were dismissed at the same tlm
as Pinchot. They are busily engaged-
in going over papers when not Inter
rupted by visitors. '
Glavls is Silent.
Portland, Jan. 10. Louis R. Glaris
ex-special agent of the interior de-"
partment arrived at Portland at 2 thta
afternoon. He refused to discuss tna
removal of Glfford Pinchot as chief
forester of the United States.
COUNTRY IS FOR PINCHOT
BE HE RIGHT OR WRON
Chicago, Jan. 10. This country win
stand by Glfford Pinchot. right mr
wrong, according to the Tribune
which says editorially: "Without en
quiring into the technical justice ef
the discharge of Pinchot, the Tribune
must repeat that this country will
stand by Pinchot, right or wrong. It
will not understand the legal or tech
nical test, and Is prepared to acoept -the
president's statement that Ballln
ger was within the law, but long sine
the country has been able to distin
guish between men who are 'law hon
est' and those w ho are moved by mor
al zeal for the public interest against
private privileges."
APPOINTMENT OR ELECTION
OF COMMITTEE WHICH? '
Washington. Jan. 10. Senator Nel
son of Minnesota, chairman of the
public lands committee today report
ed to the senate the house resolution
calling for an Investigation of the Bal-linper-Plnchot
controversy. The res
olution provides for the election of
an investigation committee in accord
ance with the action, but taking tb
power of appointment from the hanafe
of Speaker Cannon, and vice presi
dent Sherman. Another resolution
providing for the appointment of a
committee as originally drawn is
before the senate.
LIBRARY CliASSES COOK'S
BOOKS AMONG FICTION
'
Boston, Jan. 10. Discredited
at home and abroad because of
the adverse findings of the Unl-
verslty of Copenhagen's consist-
ory that examined his polar
records. Dr. F. A. Cook may not
feel the thrust made at him by
the board of directors of the
Boston public library. Pursu-
ant with orders Issued by the
directors, library attendants to-
day transferred Dr Cook'
books from "travel shelves to
the "fiction" section of tho li-
brory. Theee books are
"Through the First Antarctic
Night and "The Top of the Con-
tinent."
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