EVENING EDITION
EVENING EDITION
WEATHER REPORT
Fair tonight and Wed
nesday; cooler,
a calling cares, ma-
ding stationery, com
mercial stationery and
Job printing to order
at the East Oregoolan.
COUNTY OFFICIAL PAPER.
CITY OFFICIAL PAP Eli.
VOL. 22.
PENDLETON, OREGON, TUESDAY, .JANUAIiY 25, HMO.
NO GS07
sew
. B JIH-'Z.-Vi ",-.vT5t-,J" JV.-.'J- mil win in Hill
1 SlBiM r .
E
Defense in
Excusing
Murder Trial
Jurors by
is
the
Wholesale.
UltK VfH.LY OF SHARP
qukstioxs at kach
Slow li-gTow Made In Selecting Jury
to Try I'mutllla Murderer Prose
cution Is Not C'rillcul but Defense
1m llurd to Satisfy Indications arc
that Arnold will Not Tuko Stand
In Own Hchulf Circumstantial
Evidence Will Play lniKriaiit Part.
Prom sang friod find a seeming
over confidence In the Inability of the
state to prove the allegation of the
Indictment the defense In the Arnold
ease thin morning changed tactics and
became agrossivo and fighting. The
attorneys. Watts & Peterson lire vig
orously fighting fur every Inch of
, right of wily which the accused man
may have to freedom. As the de
fense herom. ;; more and more ngres
sive the prose- ution grows more con
fident than ever and District At
torney Phelps and his assistant
Steiwer smile confidently as the
tormys for the defense question
Mr.
prospective Jurors.
The apparently easy indifference
With which District Attorney Phelps
In aeceptiug Jurors gives color to the
current go--sip that the prosecution
beli.v. s it has an invlncihlo oase
against the defendant. District At
torney Phelps accepted the first 12
men passed for cause en banc, and in
toto without blinking nn eye lash.
This threw the defense into a mild
panic and they at once began per
emptorily excusing Jurors with an ap
parent recklessness that astonished
many of the court room haMtiiecs who
have witnessed hard fought criminal
cases. And then too immediately the
defense began questioning the Jurors
more closely and In doing so gave
nway their hnid. The district attor
ney, his deputes a ml the sheriff only
smiled.
The defense It Is currently reported
had expected the prosecution to put
at least three men off of the box
passed for cause but in this they were
disappointed. Mr. Phelps smiling, and
leaning far back in his chair said
calmly that the state acepted the en
tire panel. Immediately the defense
bigan their premptory rights and be
fore noon today had exhausted the
entire 12 challenges nllowed by law.
Hut before doing this the defense be
gan showing their enrds.
IVfeiiso Shows Hand.
"Do you think it is the duty of the
state to prove, the defendant guilty
or do you think the defendant should
take the stand hiiiI prove his Inno
cence?" Attorney Peterson for the de-
fetise asked of the Jurors. And he
then brought up with:
"If the defendant should not take
tho stand at all would that prejudice
you as to his guilt or Innocence?"
The prosecution smiled. Some of
the spectators gasped.
"Is the defendant going to make
nny defense or Is he going to stake
his life on the inability of the prose
cution to prove his guilt V" This was
the questioning which was current In
the court house this morning. Evi
dently, from the tone of the questions i
pin 10 me jurors ine ueicn.iant does
not Intend lo take the stand, and it
is a well known fact that of the wit
nesses he has subpoenaed not one of
them with one possible exception, can
know anything at all about the crime
directly charged in the indictment.
His witnesses are from Idaho, Baker
City and points distant from the seen.'
of the a lit geil murder.
The confidence of the prosecution
D telling on the defense. They are
fighting with (very nuneo of fight
that Is In them. Dike a ihampion-!
ship l nf.u i' game the prospective' Jur- j
ors came to bat this giorning with
one, Inn, three ami out. either for j
cause or pereiiiptories. The defence I
went he hi ml and turned its flank and 1
runic up wllh nn extra reserve force'
frorr; the rear.
As nn evidence of the manner In
which they are going after the Jury'
the defense excused one Juror this i
morning after he has answered that I
If the evidence wne sufficient he would
not heidtnte to bring a verdict that I
would hang the 'defendant. No soon
er had the Juror delivered himself of
this than the defendant let go of him
real quick.
Drawing Is Interesting.
So Interesting Is the caso growing
that evi'n the dry examination of the
Jury is drawing a crowded court room
and w hen tho state opens this after
noon with Its big gun It Is anticipated
that standing room will be at a prem
ium. For an unknown defendant,
Arnold is drawing more than nny
other man ever tried In the local
courts. Whether or not he realizes his
position to the fullest extent is dlffi.
cult to tell. He sits today as he did
J
or com
AND JIBS CO
yesterday by the side of his counnel,
nervously twisting his hand, looking
now and then lit lie Jury box or cast
ing quick glances about the room.
The Jurors themselves seem to view
the whole procedure with a rllsnii-
tslonate calm. Any Juror who does !
not want to nerve finds It the easiest I
thing in the world to set off. IT he1
In opposed to capital punishment !.
that releases him. At the close of !
court last night it looked us though :
the Jurv would hi ueloeted i.ni-hi 1-I I
early this
forenoon, but the change
In tactics
on both sides made that Imnossible
Tho regular venire was exhausted j
early yesterday and the court sent the
sheriff out to gather them In off tho '
streets. Almost as fast as they were j
brought In they were let go, either for I
cause or peremptorily. Pome of them j
admitted that after reading the story i
of the crime In the newspapers they j
iud formed sn eplnioii. K Ih'opln- :
ion was not a fixed one the defense '
lost out on their challenge for cause ;
and the district attorney imnudi- j
ntely accepted the Juror providing he
had no conscientious nerup'.m against j
capital punishment. This tactic I
forced the defense to use a peremp- !
tory challenge and the method pur- !
sued caused the defense to exhaust j
their peremptories Just before noon !
with one ran to be supplied. If that !
man should happen to be distasteful j
to the defense they will be com pell- i
ed to take him unless a challenge for j
cause Is sustained. '
Sheriff Talor Is an Interested spec- '
tutor in the court room Although he
U there with the defendant in lis
custody, yet ho Is interested for it Is
due to the indefatlguablo work of the
sheriff that the case has made the :
progress that It has. With but a
to ghty slim thread to work on the
sheriff took hold of the ca.se at the
time the dead bo ly was found and in 1
a few days had his line of circumstan- ;
t'.il evidence so neaivy completed that
he felt confident of the man he wum
looking for. All these facts he kept i
to himself. And even yet the public ,
has no knowledge of the facts in the :
i asc. These the prosecution tS koep
.ng up Its sleeve.
Hven at the present Ftage of the
game there is much speculation on
the possible outcome or the case. The '
current impression .seems to be that .
if the prosecution has the evidence
which indication would substantiate.1
the matter will become almost wholly I
dependent upon the character of the
Jury-, Sent ment and that bugaboo, t
i ii umstantial evidence, will deal
argely in the case.
BOOZE WRECKS Lift
OF SOI WRITER
AITHOR OF lt)Pl I.AR AIRS
FONSie;XEI TO POOR FARM I
Sinn Ayio Wrote "Goo Goo Eyes." I
"Ain't That n Shame"," Etc., Could j
Not E.Mi'n,ii from Tyranny of Itoo.e
Cm-nine. Opium and Morphine j
He l.ickcO, Rut .Roow Delivered
Knockout. J
Detroit, Jan. 25 A wreck of his '
former self, through the ravages of
liquor, Hugh Cannon, the popular song '
writer, whose ragtime melodies are!
whistled and sung throughout the
English speaking world, was sent to
llloise pool-house today. Hugh Can
non hut 3C years old, is wrecked, j
down and out. IPs own compositions
contain the greatest comment "ti his
life.
"Ain't That a Shame," which he
wrote several years ago, and "Just i
Hecnuse She Made Them eioo Oral
Eyes." are sung In every theater In !
the land.
Another of Cannon's com- I
; "Hill Hailcy" and a score :
positions
of others not so well ' known "I '
stll'ted the booze route when I WBA
sixteen." said Cannon, giving a ;
thumbnail sketch of h:s life. "1 am
Mi now and v. ep; for seven months-
on the wag
n during which time
i
lioi off rre.,11
whip, 1 have
the time It
--twenty hl.K
mllv to pi el: up the
been pickled most
has lv n twentv years
k. nasty, sick years
wllh only a litlio brightness now and
tlu n when I made good with some
son;?. I quit 'coke' (cocaine) easy.
Fifteen days in Jail cured me of that.
I h.t th.'Vipo for a year In New York
but stepped that, I went up nga'nst
morphine hard, but quit. Put booze,
rod, oily booze got me for keeps."
i tv I) r
F.I.AVD
HOME
MAY
Rl'LE
;i:t
A I 'l l
IR AI L '
London, Jan. 25.--John Uedmand,
leader of the Irish nationalists, today
practically announced ho will hold
the legislative "balanie of power" In
his own hand during the coming ses
sions of parliament. If he can sub
stantiate his claim Inland will get
home rule after all.
I RE
PRICES OF FOOD
PRODVCTS TAKE
DROP
Chicago, Jan. 25.- With butter on
th toboggan to grease the descent
iu the prices or beef, pork, potatoes,
wheat, corn and wholesale eggs were
reduced today from three to five per
cent.
J. E. Taylor erf Echo
that place this morning.
returned to
IT 1
I
ILL STARTED
Vmm!n,-,rt
Secured Over.Great Umatilla-Morrow Poul-
; uyiiniiiutc
$6000
in Brief Time Yes -
terday Afternoon.
( )M M l'l 1 1 IJIMIIX SHOW
PAlTir IV i:TllltPKISH
Ily Taking; Total or Solum of Ik-
asliiugtoii - Oregon Company's
Stock lxiciil ('omniillec Sets Pace i
for I'ellow ProjxTty Owiuirs anil
HiisinesH Men Additional Workers 1
May lie Drafted to liai. Remain- I
lcr of Ihiml.
Tile Start.
Dr. '. J. Smith $1m0
I!. Alcxamler DMin
Leon Cohen 10'to
.lann s A , I'ee 1000
K. J. -Murphy DKm
W. 1,. Thompson looo o
K. A. Scftiffler 10i)
Allliougli the soliciting comm'ttee
uas liampu-ed by lack of time yes
t'ld.iy over $tJ.(i(Hi was placed upon
the stuck subscription fur the trac
tion movement and thus ti very sub
H.intial start made towards raising
the jr.ii.fMin ioeal backing asked for
i.y tile Washington-Ciregon company.
The work the committee did yes
terday consisted merely in getting the
members of the committee themselves
signed up mnl in making a brief sally
forth to see two or' three men. Two
of the men interviewed subscribed
to the fund; a
n a f.. i!....;-'
suler tile matt"
. lined ;.i sole
tiiird asked to bo giv
tilile in which to eoll
r, wh le the fourth le
; ibe an.v tiling iit the
time.
As tile mattir now stands, the trac
tion movement has the prestige of a
hearty and substantial endorsoment
of the members of the committee that
h is been representing the local peo
ple In dealing with the traction peo-
pie. None of the five members of
me committee wno sutiscnoea iuuu j state association which was held In
each are heavy local property owners, i Portland last month. The competl
yet they had sufficient faith in the tion In all the Imnnrtnnt .:.. is o
merits of the traction movement
to j
offer a total of $5000 towards fl
I'ancing the K'ity's part of the deal.
Tiny now assort that if other local
people and especially realty owners
will but follnw the.r lead the $50,000
will
be raised without mucn Uifficul-
At tills time the local committee has
not worked complete plans for the
completion of the work of raising the
traction, fund. However, the mem
bers are talking of the advisability of
securing additional workers so as to
permit of a thorough canvass of the
city.
GREAT NORTHERN TRAFFIC
STOPPED I1V LANDSLIDE
Kalispell, Mont., Jan. 25. Traffic
on the Great Northern railroad was
tied up today east of here by one of
the greatest landslides in the road's
history. The slide occurred at High
Gate, CO miles to the eastward, it is
1 i lieved the tracks will be cleared be
fore nightfall.
Miss Mamie Hauef left today for
her home at Hermiston, after having
Visited In the city as the guest of Mrs.
Van Kowmaii.
STATE OFFICII
OilTILLI
SCORING OF I .MXTIi.l
Dairyman. No Cow
C. P. iliu-r '. . 7
R. L. Oliver it
il. C. Sloan 17
Al Despaln 13
Z. liouscr
Ed Morgan 23
S M, Richardson 21
T. J. Cheney 50
I.'1
1 v
5.0
51
4.7
1.2
i.e.
1. a
Paul V. Maris, deputy dairy and
food commissioner, has just completed
the first Inspection that Umatilla
county dairie-s have ever received from
a state official. When seen by an
East Oregonian representative, Mr.
Maris stated that while his tests of
milk Indicated exceptional richness In
htitterfat. that his Inspection of the
dairies showed that the majority of
them were- sadly deficient in sanitary
COCKS GROW
S CACKLE
; try Show Opens Doors and
i 'People Flock to See.
jorLlTY 1)1' II.VIIHJITS
AMAZKS UK; ISKKKDKRS
Irst Annual Klillitlun lttins Aus
piciously llirds of All Kinds Still
Ponring In Scoring Has Ik-gun
.Many Ran? p.irds and Animals Seen
In roups Excellent .Musical Pro
gram This Mi-cuing at 7:30.
Program 'litis, i:veninK at
Ma. eh Blue Label Keif.-r
Solution from "Faust" Gounod
Spanish Walt!!- Santiago ....
Corbin
Intermezzo from "Cavalleria
IJiistleana" Mascagni
Tr Jiiie r. s.,.i Jir HaypS
lull niiissiun.
Mar. h Dove I King . . . Inncs
If
D.
J !
M
'.s and piowerv.
" S: rieiiiw. , . . .
Pelb.ws Waltz .
h-The Crisis .
. .Tobani
. Michlels
. Volstedt
Hail
Five-tiny sliow Instead of thru?.
Mv liiiudreil hrd ami every one a
,'ilpplii.
!-.'ver coiic-iable kind of idiickcn
and mmv dog mid cat entries than can
possibly he :o onmiodatcd.
S-ei. '(arii-s. clerks and attendants
uoikln; finni i!irly in the morning
until s o'clock at nlgtit.
I Tin -e tire a
of the features of
i orcjri ifs greatest show of the season.
1 Tlie.;r- ,r 4v, e,,f1(, beyond thwild
i est drennis of the most ardent chick
en in mi in the- I'liiatilia-Morrow Coun
; ty Poultry association anil all are per
fectly amazed.
The show is not only the most won
i dei'.'ul thing of its kind ever seen in
1 eastern Oregon, but it is considered
more Important than the show of the
strong ;us to amaze the big breeders of
j the northwest. Those who came ex
, peeling to win with ease are wondering
, If their best birds stand any show for
j a . place.
) he crowing of the roosters and the
cackling of the hens, together with
the scoring of the birds in the big
show window, the pair of peacocks in
one of the others and the litter of
pupies serve to attract a large crowd
at all hours of the day and night. The
attendants have great difficulty in
keeping the Pfople out until the show
is ready to receive them.
It had been planned to open the
show this morning at 10 o'clock but
that was found impossible and the
doors were not opened until 2 o'clock.
Even then Inore than 100 exhibits
were not in their places and will not
he until late this evening. The doors
w ill be kept open for two hours and '
a half a:ter supper and w ill then be I
closed until 9 o'clock so that the !
birds can all be cooned When the !
doers op. n tomorrow morning, all the
bir.is w ill be in their places. The cats
iiiu! dogs will also be there.
It has been found Impossible to
close the show Thursday night so It
will be kept open until Saturday night
Fix ng ."ill a chance to see the birds
SCORES
COUNTY 01IES
V COENTV DAIRlEi
S.
D.t r. Retailed by
Pendleton Crm'y
Pendleton Crm'y
Pendleton Crm'y
Pendleton Crm'y
Petidleten Crm'y
Ed Morgan
S. M, Richardson
T. J. Cheney
2 I
tr
equipment. The system of scoring
employed takers into consideration
every detail of fho dairying business,
and the grading Is so arranged as to
place proper emphasis on the dif
ferent departments. According to the
distribution of points one of the most
Important considerations Is the han
dling of the milk and It was In thl
(Continued on page 8.)
after the ribbons have been awarded.
The scoring of birds was started to
day and the .first ribbons will be put
up this afternoon.
I'iiu elickn e;ivm Away.
Croat Inti-rest is being taken In the
announcement that a standard bred
cockerel is to be given away each eve
ning. Numbers will be given out at
the door and the one holding the
lucky number when the drawing takes
place will get the bird. The drawing
tonight will take place at 8:30, while
tomorrow night it will take place at
10 o'clock.
Many ejuofr Things on K.vliihit.
Among the exhibits which are con
sidered out of the ordinary Is the pen
of wild geeese, the peacocks, the
homing pigeons, the guineas and rab
bits. .
Hiciir
TRl'ST PROSIK TTie
IS XeJT NEW DKPARTLRI;
Washington, Jan. 25 The Taft ad
ir.ln!stra!lon made it clear today that
it does not Intend to frighten m
dustries in the country by indiscrim
inate prosecution under the Sherman
anti-trust act, and thst .stories to the
effect that the present action against
the beef trust is the result of the
public agitation or a new departure
are untrue. The administration made
lfr.own its desire that the public !
;;iiotiid understand the beef trust case
is merely In line with the regular pol
I' 5ch of the pres( nt government.
(.RAM) JII1V NOT IX A
IIVRRY TO TACKM- I5AROXS
I Chicago, Jan. 25. While an actual
j investication of the meat trust by the
I government fs scheduled to begin late
today or possibly tomorrow It is lnti-
nic.ted the result of the federal grand ,
. Jury s work will not be announced f"r
'two months. The Jury began the mor-
n:ng session by disposing of calen-
d.-,r crises, and by its slow, ponderous
j deliberations it is not on tiptoes to
Itr.ke up the investigation of the pack
. eis or will it be moved greatly bv the
I P' pulru- protest against the
high prices of meat.
rurrent
FARMERS (ill
T SACKS
AT LOWER PRICE
Walla Walla, Jan. 25. The Farm- !
jers r.fcsociation has let a contract for
.,uue.u'o grain nags tor $5.47 1-2 peri..
jhuntlrea against $6.32 last year. Xhe ! ("vormm-nt Troops and Rebels Hare
jFronsioli eompanv of Tacoma. gets
the cor.trait and delivery will be i
made from June 15 to Juiv 15th.
BIER'S REPORTS
i
HEXEY t LOSES CASE
AGA1NS EX-e-OMMISSlONER
Former
Take
Knew
Employes or Land Office
Stand to Show. Hermann
of Fraudulent IVuiulci in
Handling of Forest Hcscrwtlions.
Portland. Ore... Jan. 25. The an
nual report of ex-Commissioner Ringer
I Hermann, and other interesting things
like that formed the principal points
of attention In the Hermann trial to
day. Heney is drawing his case to
a close and this morning finished the
direct examination of McVean, who
has been on the witness stand for a
day or more. He will follow this
witness with other former employes
of the general land office, to show by
their testimony that Hermann had a
knowledge of the fraudulent practices
which are alleged to have prevailed
in the handling of latid put inside of
the forest reserve.
The prosecution is now making an
effort to connect Hermann by circum
stantial evidence with the conspiracy.
U has shown that Hermann discussed
the creation of the reserve with Mays
while in Portland, and is now siiow-
! ing by government documents by
Hermann's letters and evidence of
land office i niployes thi'.t Hcrm inn
knew of tho fraudulent prneti.es in
I school h'titls within the bound, ivies
of the vim rvo created, and that,
j knowing those practices had consist
ently uil,i d in his annual reports and
otherwise that in lieu of the li.n.l a,-:
hi Ing changed or repealed, that he
had declined to recommend tho cre
ation of reserves because of these
e'l'l.iitie.ll-..
PLAN CONVENTION FOR
CREATION OF NEW STATE
Mod for.!. Ore, Jan,
Oregon loaders In the
carve 11 now state out
25. Southern
movement to
of southern
Oregon and northern California to be
known as S.skiyou, were active today i
wiiii tne arrangemnts tor a conven
tion to devise ways and moans. Ac
cording to tho present plans the con
vention will gather at Eureka. SIs
k.ou .utility. California, not later
than March 15 and will remain In scs
sUui tlnve days Prominent men
from all the territory affected hav.'
s gnified their willingness to attend
and aid the movement.
Lots of men will open a $50 pot on
n pair of jacks and kick up nn awful
rumpus the next morning if their
w'.ve'.s want to open a $1 bank ac
count for the baby.
FRENCH FLEE
1
Waters Still Rising and ORe
third of Republic's Terri
tory Lies Submerged.
i;i i)iu:i)s,AT work to
PRKVEXT RIVER DAIKI.G
Rains Continue to Pour l"po Gay
Trance and Rivers Rise Omn Half
lin'ch an Hour Hood Invade
Wealthy Section and Residents are
Moving Their Poesessiotw Show
Street arc Already Innndatrd.
Paris,
France
today's
towns.
Jan. 25. One third of
is under witer according to
reports from provisional
The rains that have been
falling steadily for more than a week
continued today and the Seine, few
by swcolen tributaries, is rising more
than half an inch hourly.
Hundreds of men and boys are
working along the hanks ?nl In
barges in the river in an effort to
keep tons of drift and wreckage from,
accumulating at any point. Should
en obstruction form in the river the
lty will be inundated by the diverted
waters.
Early today the flood invaded the
lower Champs Elysee, where is locat
ed many of the handsimest homes in
France, including that of President'
Fallieres. Through that section hun-
! "n'os of vans are moving furniture
jcnl ether property t)at of reach of
the rapid advance of the waters,
jejuni de Dilly and Avenue Montai-
igne, the two Pans 'show streets are
':ilren:1. ell T,vn orrrr.A
FUJHTIXG IX XICAUAGCA.
I'.looely Engagement.
J'lu -fields, Nicaragua. Jan ; 2 5.
nnr a uesperate ana Dioouy engage
ment in which it Is thought at least
j 600 were killed, the government
iroops in me Vicinity or Acoyapa to
day withdrew to await reinforcement
that are being rushed to the front
from Managua. Revolutionists un
der General Chamorro are reported
to have lost 300 killed and wounded
since the beginning of the long ex
pected Acoyapa yesterday. Madrit's
army it is believed, sustained even
heavier losses. Under cover of ma
chine guns. Vasquez. the government
I leader withdrew his men this morn
! ing. Chamorro made no effort to fol
j low. evidently choosing to wait for th
' coyer of darkness to make another at-
tack It appears from dispatches
! from tho front that no reinforce
ments from the capital can reach Vas
quaz until tomorrow and his position
is dangerous. During yesterday's
f'ghting the rebels captured one ma
chine gun, two English gunners, and
many native prisoners.
OpKse Hay's Projoosenl Road.
Olympla. Wash. The Thurston
County Pomona Grange adopted a
resolution favoring the building of
roads leading to the center of popu
lation in each county, instead of
"trunk roads." as advocated by Gov
ernor M. E. Hay in a recent speech
at Spokane. The resolution reads:
"Resolved. That we sincerely regret
that Governor Hav has taken an an-
inounoed position in fitvor of trunk
jlire automobile state roads, for we
i most cmr'iatir.-.lly declare that in our
j be lie f such a position will be detri-
mental to tin commerce which must
jhiive an outlet from the farms. We
j further declare that we believe in first
taking care of main roads leading in-
to Incorporated cities and then, it
j e '.; !.. t: . pleasure and desire of the
smnmohili s for scenic everiand
' roads."
Greeks AlU'gc Graft.
e-pokar . w.h.-.-A hitch is
ened in tlu 1 -instruction work
thi ent -for
th
new Asfr1 .. Seaside & T.li.n
Electric railroad, bause many
tho Greeks v. ho have applied
work on the grading allege that
k
of
for
toe
foreman. a!.. a Greek, sends t,. Port
land for his help. They tiiso charge
that the fireman will not y":re anv
man that .!
cash and a.;n
monthly stii.ei
this nllcceei
o' Greeks has
not first pay him 53 n
i' to pay him a further
d of $1. As a result of
-raft" the local colony
become very indignant
thought that thov -ti!
' much farther, if thev
and
it is not
pi rrni: it (o e
can prevent it.
I Irrigation for Rogue
i Medfo'd. en,. ..-it has
iliver.
been nr.
, nounccd that
work will start Ft h
; ruary 1 e.n
j which win
a huge irrigation lystem.
place
000 acres .f the
; Rogue R:v. r valley under water -.nd
j which will vest $1,250,000. Fred N.
jCmmn ng-; s the local represe-ntative
ot tne syndicate-, which is tack T
the movement, u being composed of
Spokane and Sun Francito capital
ists. They have ulready eipend.-d
OnO in preliminary surveys.