i OTIIG EDITION rvraiuis pnmrv i.lklllllV bVIIIWW WHATHR KCPORT Probably fair tonight and Saturday; colder tonight. . V T J? - y falling M9 r. i - lnK stationery, caan f ' - merciai stationery i B lb printing to order f If at the East Or eg oat COUNTY OFFICIAL PATER. CITY OFFICIAL PAPER. VOL. 22. PENDLETON, OUEUON, Fill DAY, J AN U A 11 Y 28, 1910. NO 8310 - 1 - -v w r i K T, Accused Murderer Talks 0n Behalf Proves to Good Witness. in MYSTERIOUS THIRD PERSON PLAYS IMPORTANT PART Man Who, Defense Allege, Was With . Hlball at Time of Murder, Is Do .scribed by Prisoner Defendant Subjected to Rigorous Cross-examination Prosecution in Rebuttal Takes Up Impeachment of Witness- -Room Again Crowded. Now Arguing Case. About 2 o'clock this after noon the taking of testimony m the Arnold case was concluded ana mo attorneys began upon their arguments to the Jury. The case will doubtless go to the tnry some time this evening. That mysterious third person all houletted against the sky line so often and persistently In the murder case now on trial In the local court has at last been Identified, fl Is Paul Lew is. Somebody saw him here, some body there, but the defendant him self saw him and was with him In Pendleton and In Echo. The defense seems to move this Paul Lewis n a mysterious way there wonders to per form. The defendant Arnold testified that Paul Lewis was in Pendleton on the morning they went down to Echo, that Is when he and Riball went to Echo, Paul Lewis was at the depot when tho local train loft carrying Arnold and Rlball. Lew9.dld not go down on that train, the defendant says so himself, but that afternoon, some time In the afternoon, the de fendant met this Paul Lewis In Echo, and tho defendant wild there was no train In at that time. The defendant and Rlball and Paul Lewis went to dinner together and it was not yet dark, It was daylight, and then some body went to the hotel, probably Ar nold and Rlball. He didn't, know where Lewis wentj. The defendant and Rlball stayed around the hotel that -afternoon, then they went to supper. And then they went back to the hotel and stayed there all night "What room did you occupy that night at the Echo hotel?". Mr. Phelps asked the defendant. Riball occupied room 15 with the defendant, the defendant said. Then Mr. Phelps asked the defend ant tf he wrote his name on tho reg ister that night.' The defendant ad mitted he. did. Mr.' Phelps asked him tf he saw the man write the name Just above him on tho register, the T.cwIh. The defendant did not see that nmi! of this mysterious man. Lewis written. Vet tho defendant was posi tive that Rlball was the only person who occupied the room 16 with him that night. But 'the register shows that this man of mystery Paul Lewis also occupied room 15 that night And the defendant says he and Rl- j ball occupied that room me jury was left to draw their own conclu sions. The Cross Examination. On cross-examination District At- tomey Phelps took the defendant vr jverv inrh of l ffrnnnif vrM1a! over every inch of the ground while he was In Echo, he walked him back and forth from the Echo hotel to the depot, and from the depot to the Echo hotel and from the Echo hotel to the Jap restaurant and from the Jap res taurant to tho Echo hotel, until the street commissioner had to put In a now sidewalk. Ho took him to the hotel office and registered him on Sunday and on Monday and on Tues day, and on Sunday morning and Sunday night and Monday morning and Monday night, he registered him before breakfast and after breakfast, before dinner and after dinner, be fore supper and after supper and for a while It looked like be was going to get Him up to register again after he had gone to bed. And then he began on that horse proposition, about the two saddle horses that the defendant admits he secured from the Barker livery sta ble on Tuesday afternoon. The de fendant testified that he and Riball and this man Lewis were at the depot and Rlball and Lewis said they want ed to get a couple of saddle horses to go out In the country where Rlball had' a Job on a ranch ond the defend ant said he was acquainted with Mr. Barker and could get them a couple of saddle horses and forthwith . went and got tho saddle horses, leaving Rl ball and Mr. Mysterious Lewis at the depot. Then ho . go on ono - of the horses and rode over, to the Echo ho tel. ' ; i '". ; . What did you ri'd'e over" to ''the' ARNOLD WITNESS STAND asked To soe .if Rib"all was ready to go, was the answer. What did you go to the hotel for to see If Rlball was ready to go If you left him and Lewis at the depot Just a few minutes before? In answer the defendant said he saw Rlball cross the street to the ho tel after he left them at the depot, but that Lewis was still at the depot. And so on It went, so fast and hot was tho stream of questions shot at the defendant that the audience had to hustle to keep within hailing distance of tho thread of the story. Tries to Prove Alibi, Cut tho defendant came back with an answer every time. He hung to the original story with a tenacity that was admirable. He delivered the horses over to Rlball and Lewis down by the end of the bridge after thoy crossed the railroad track. But after he got the horses from the bnrn upon his re turn from the hotel to see If Rlball was ready he rode toward a warehouse near the depot and there Rlball got on the other horse. Then they start ed down the road. Didn't go to the depot for Lewis because Lewis was walking down the railroad track. They passed Lewis and didn't say any thing to him. They crossed the rail road track and didn't stop to wait for Lewis but rode on across the bridge and there the exchange .was made. The defendant then came bark up town. He went over to the hotel kitchen where his ex-wlfe was work-v ing. He say her there and he also saw that Miss Nlssen there. He then went back te the depot and waited for the horses. About six o'clock this Miss Nlssen Y;ame over to the depot and talked with him. He was standing on the railroad track in front of the de pot when she came over. He alRO bought a bottle of beer that after noon at a saloon In Echo and a Pen dleton mnn Jumped Into the spot light for a moment apd crowded out the Mr. Mysterious Lewis. This Pendle ton man was McOee. he was a plumb er, he was working on the school house In Echo plumbing by the school (Continued on page g.) ALLEGE CONTROL OF REFRIGERATOR CARS WILL PHORF. BKKF TRUSTS' ' MONOPOLY OK CARLINE Will Be Important Feature of Grand .Tnry Investigation California Fruit Packer Irefcr to 1n Fruit Rot to Paying Toll to Trust. Chicago, Jan. IS It was discov ered today that one of the first mat ters to bo Investigated by the grand Jury m connection with the beef trust will be the refrigerator car-line mo nopoly which packers. It Is alleged, maintain. Prosecutor Sims Is already snld to have possession of evidence tending to show that California fruit growers chose to let their fruit rot in certain Instances rather than pay heavy charges for Icing the refriger ator cars during shipment east. It is understood that this phase of the op erations of the beef trust has been carefully Investigated In advance and that It will be brought forward as one of the most definite and apparent fea tures of the alleged monopolistic methods of the packers. It Is charg ed that by absolute control of refrig erator car lines which must be used It! tttlPft'fUlflll Rrilrtmnntn S maais nnl othw perishable food stuffs, the trust was able o control the movement nf these necessities. It Is also expected the government will attempt to show that tho trust through the leasing and alleged manipulation of refrig. erator curs bus obtained preferments - i ,.!... . . of various kinds, amounting in some instances, it Is alleged, to practically rebating. llumprr Wheat Crop. Winnipeg Man. Western Canada broke all records for the magnitude of its wheat crop' Inst yenr, according to the official figures. The year was marked by 'the unprecedented and en orinnus Increase in Saskatchewan yield. This is the first time that Sas katchewan has passed Manitoba, and It not only passed Manitoba but 'al most doubled It. This places Sas katchewan now in the position of the premier wheat province of the Do minion. .Here are the figures: Manl tibn, 45,774,797; Saskatchewan, 9ft- 256,000; Alberta, 8.250,000; total 1 44,278,707. 1.000 Mile River Trip. Pittsburg, Pa.. Jan. 28. Loaded with excursionists bound for the Mardi Gras festivities, a river steamship will l ave Pittsburg tomorrow for a long trip down the Ohio and the Missis sippi to New Orleans. The vessel Is expected to cover the 4,000 miles in seven days. After three days In the Crescent City, the boat will begin the return trip on February 8, making several stops en route. Will there be aeroplane Joy riders soon, with .cargoes, of booze aboard? What tun It would bo to see Joy rid ers tumbling down from airships. Echo hotel for, Mr. Phelps him. F, II NEW PERIL Joy Over Receding Waters is Changed to Dread When Disease Becomes Rampant, BIIOKKN KKWKRS SPREAD DISEASE THROUGHOUT CITY Resident of Gay Paris Confronted by Now Terror in Hydra Headed Moii Mr, DlHda.sc Houses, Furniture, ! Clothing and Redding Contaminat ed and All Are Condemned People Barred From Their Homes Hon- I pitals Cannot Accommodate, Suffer- I erf. Paris, Jan. 28. Rearing its ugly head out of the polluted flood waters, tho horrible dragon of disease bared Its fangs in the face of Paris today, and tho stricken city hesitated in its rejoicing over the arrival of the flood crest, with a sickening sensation of Its new peril. Health officials are sending out placards warning of death lurking in tho waters, befouled by broken sewers. Soldiers and police havo positive orders not to allow any one to move back Into the flooded houses after the water begins to re cede. Inspectors report breaks in the sewers have been so frequent as to be necessary for officials to burn all clothing, bedding, carpets and other material which absorbs water. All of the flooded houses must be fumi- (a gated and walls scraped before the oc- ' ' . - cupanta can safely return to them. I V"h but on ay mor" t0 run. With the temperature higher today, j Pen"etn's big poultry show contin ue stench from the sewers has In- j ue to maintain its popularity. Es creased and the danger of the spread I Pccla,y the musical feature attrac of disease Is correspondingly greater. t,ve and words of highest commenda Th hosnltalu hem tared th tlon a""e heard on all sides for Dlrec- number of patients being far greater than they could accommodate prop erly under . ordinary circumstances. Drowns Before Many Within sight of scores of ' persons unable to rescue him, Corporal Trip tier was drownedtoday in the water covering the sidewalks of Qua! De Hilly. He had gone out In a boat with two other soldiers, and a messenger boy when the small craft capsized and all of the occupants thrown into the water. His companions were unable to reach places of safety, but Triptler, weakened by constant service for sev eral days and nights, was unable to keep himself above the tide. A sewer broke this afternoon near Central market and flooded the base ment where a large quantity of fish, eggs and game had been stored. Most of the provisions were destroyed and the market was rendered so unsani tary as to be almost useless. ' HENEY WILL FINISH HIS CASE Tins AFTERNOON . Portland, Ore., Jan. 28. Heney is drawing the loose ends of his testi mony together in the Herman case to day, and promises that he will close his case at the middle of the after noon. It is now concluded with the exception of the testimony of Scott Smith, former private secretary of former Secretary Hitchcock, who will be put on the stand soon after the be ginning of the afternoon session. At the conclusion of the government's case the court will adjourn for the remainder of the day that the de fense's attorneys may have an oppor tunity to shape their case for presen tation to the court and Jury. It now seems certain the cose will not be sent to the Jury before the latter part of the coming week. Will Switzler of Umatilla is in town today, having come up last evening from Portland. That Pendleton High School is again to lie a leading contestant for state forensic honors was evidenced last night, when two' Inexperienced teams, one defending the affirmative and the other the negative side of the same question won a double victory. The affirmative team composed of Ar thur Jordan.. Chester Fee and Pansy Ireland met tho negative trio of Ath ena high school in this city at the Presbyterian church, and when the Judges submitted their votes It was found that the local debaters had won by a two to one deelclon. In Weston the negative team com posed of James Hart well, Harvey Mc pherson and Peter Crocket argued out another victory by a like score while the Weston affirmative team met and vanquished the Athena negatives in Athens,' All three debates were on the PENDLETON WINS DOUBLE - VlbiUdl IN UK) I Feathered Dames Continue Open House With Multi- i . tude of Guests. MUSICAL PROGRAM I S DRAWING CARD Splendid Orvhastra -Wlsts Greatly in Bringing Crowd to Seo Poultry Show Unusual Interest In Exhibits Prize Giving Still Continues Cat Department Is Ono of Most Pleas ing and Attractive Features. 1. March Charlarton .Sousa 2. Selection from "Faust" . . . Guonod 3. Waltz Under Southern Skies Carlton 4. Hearts and Flowers (by request) Tobanl 5. Trombone Duet One Sweet and Solemn Thought Hays and Cheshire. Intermission. March Pontifical (by re quest) Guonod Bell Duet Old Black Joe . Master Wesley and R. W. Fletcher. Minuet Paderewski Yale Hooia Bobla. . J tor Frar Carruth and his big or chestra. Last night's program was probatly the best of .the week thus far, though the programs for this eve and tomorrow evening promise to bo even better. The features last night were the trombone solo by Frank Hayes, "Love in Idleness," "War March of the Priests," "Apple Blossoms" and "II Travatore," al though each number was splendid and many of them were encored. Judge Dixon said this morning .that the management- of the show was certainly to be congratulated upon the excellence of the -music and he rec ommended that the musical feature be made a permannt part of the an nual exhibits. The prize roosters were won last night by Mrs. Carl Williams, who drew the handsome barred rock cockerel given by President D. C. Gurdane of Heppner; and by Geo. Rupert of 1117 W. Alta; who drew the beautiful single comb black Mi norca cockerel given by Lester Boyd. The prizes tonight will consist of a big Buff Orpington cockerel offered by J. E. Duke of this city, a setting of standard bred buff rock eggs giv en by Windle brothers of Portland, who took high honors on both Buff Orpingtons and Buff Rocks and a set ting of the new breeds of Columbia Plymouth Rocks, given by Earl Wil liams of Milton, who owns the only birds of the- kind in the northwest. Tht Interest In the exhibits them selves continues undiminished, though this Is the fourth day. Many are comng who have been once or twice each day sinco the show opened and every time they find something which thoy had missed before. The wild geee, the peacocks, homing pigeons, guineas, cats, dogs, puppies, barred Minorca. Sussex "thickens, Columbia Wyandottes Redcaps and Houdans, vlo with the older and better known breeds for the interest they attract. The show will close tomorrow night ! same ouestion. "Resolved. That life! Imprisonment, with a restricted power of pardon, should be substituted for cuDltal nunishmoit In Dree-on " on.i ?r.t In Oregon," and ws how well trained the outcome show the Pendleton st the ouestion The HofratM MB, frnm w... ""-i. -.o....u composed of Clarence Brotherton leader. Miss Ethel Bannister, first colleague and Miss Dottle Conrad, sec ond colleague. President Will Moore of the - Commercial club presided, while Dr. J. H. Shaw of Walla Walla, W. A. Hunt of Walla Walla, and Supt. J. D. Stout of La Grande acted In me capacity or judges. The event was well attended and Principal Hampton and Superintend- i ent Landers are both very grateful to Is the people of Pendleton for their sup- pert and patronage. at Mi TT HEN am n n n n n i about 10 o'clock, at which time the grand drawing will take place. Among the prizes which are already posted to be given away Is a sitting of Buff Orpington eggs from the ' famous farm of the Windle Bros, at Lents, a setting of eggs from the Columbian Plymouth rock farm of Earl Williams of Milton, a setting of Buff Cochin Bantam eggs, given by Mrs. Hattle Duke and a fine buff rock cockerel given by Mrs. B. F. Williams of Mil ton. All the numbers given out dur ing the week and not already drawn from the box win bo In the box to night and tomorrow night when the two big drawings take place. CatM Still Attract. But of all the features of the big show none have been more pleasing or attractive than the cat department The following Is the list of these ex hibitors with the names of t heir cats: Miss Juliet Cooper, "Fritzl Scheff;" tortoise shell, female angora, eight months. Tena Duprat, ' "Fluffy Ruffles;" blue Maltese male, six months. Mrs. Lina M. Shaw, "Dewey," blue Maltese and white; male, 12 years. . Mrs. Tom Murrcll, "Fluffy Ruffles;" white and yellow, Angora female, B months. Mrs. Ralph L. Howland. "Muggins" pure white, female, 2 years. Mrs. C. J. Ferguson, "Topsy," near ly pure black female. J. E. Stansberry, "Tommy," black and white male, 5 years, and "Wh tie," a pure white female, 3 years. Mrs. Robert Forster, "Kltty Blue," light gray, sterilized male, 3 1-2 years old, weight 15 1-2 pounds. Mrs. Willard Bond, "Bummer." light gray male, 7 months, weight, 11 1-2 pounds. Mrs. C. K. Cranston shows "Book er T. Washington," a pure black ster ilized male, 18 months old, and "Beau ty," a particolored, black and white, sterilized male. 8 years' old. Harold Brock, "Buster," a tiger gray, one year old. Mrs. E. P- Marshall, "Czar Nich olas," a yellow sterilized male, 4 years old. . Mrs. J. B. Perry, "Fluffy Bill," yel low male Angora, 14 months. J TRACTION COMMITTEE AWAITING DEVELOPMENTS Dr. Smith, Chairman, Admits Inabil ity to Raise Money by February 1 But Hopes for Extension and Ulti mate Snorees for Movement. $10,000 Raised. Dr. C. J. 8mHh 11000 R. Alexander 1000 Leon Cohen 1000 James A. Fee 1000 E. J. Murphy 1000 W. L. Thompson .... 1000 C. F. Colesworthy Bond Bros .. Frank O'Gara Lndow Peterson G. W. Phelps 800 500 500 600 BOO J. F. Robinson 250 Will Ingram 250 J. V. Tallman 250 Will Moore 250 E. A. Schiffler 100 V. Stroble 100 Patton & Humphrey 100 W. J. Clarke ft Co 100 E. B. Aldrlch 100 Total J10.000 With a total of $10,000 upon the list the workers for the traction move ment are now taking a little time to breathe and incidentally to lav fur ther plans for securing the remainder r l"e sum lnat 18 needed in order to , iimiiiMi LtLi-iiiiies ior tne citv. That the committee has not given up me ngnt is evidenced by the follow ing statement made this morning by rr. C. J. Smith, chairman of the local committee: "It looks now like we will be un-1 able to raise the amount needed by , .tm 01 me montn. out I nope that an extension of time can be secured I from the traction company and the I full amount yet raised. It occurs to me that this is- a life opportunity forjh. icht. distance, time, passengt la real substantial boost towards mak-Irving, tun earning, mail ca j Ing Pendleton a city." (.r(lss ,.liuntl.y an;, (th, r niBnU , Other members of the committee cross country flights will be 1 express equal determination to stay dist.inee of ,!..,. r r..,-.,. other membV of the commit! Card"ermaUTomi st ...i.k .v. ,i.. . .. with the fight ns long as there is anv t0 chance for success. Though the out- 1 ful that developments will occur to ' .wl" .':: . "'..."' '".aeroplanes, nnich It Is believed will iiu me movement ana mase the s mi- i.iin viii,-ni ana mase tne se- 01 a imcuon sstem possinio. jth). I May Build Dmidnnughts. 1 Buenos Ayres, Argentina. Jan. IS. Argentina is to become a real naval power among the nations of the world if the plans of the naval commission in session today, are carried out. Two new Preadnaughts of 28.000 tons each carrying a dozen twelve-Inch guns. will orobablv be flnallv Biithnri,? t likelv that th contract for their construction will go to the shipyards Qulney. Mass. ' SENSATION IN INVESTIGATION Glavis' Attorney Charges Im portant Documents Omitted in Records Given to Tatt.. GI AVIS ON STAND MOST OF THE DAT" Bollinger Investigation Committeav Will Consider Decision of Jodg Sanford in Cunningham Coal Psim Glavtu. Testifies He Knew BaUla ger Too Well to Deal With Him D. , rcctly More Subpoenas Dcalrcd I VaJ linger Had More Than Formal Knowledge of Fraud. Washington, Jan. 28. A senaatioav1 was caused in the session of the Bal llnger investigation committee today when Attorney Brandeis, representing L. R. Glavis, charged definitely that important documents were omitted from the record upon which. PreoJ---dent Tart based his exoneration of Secretary Ballinger. Brandeis- f ol-- lowed this statement with a preeen- - -tation of a long list of documents ' which he alleged were not 'Included . In the statements presented to Taft. The attorney asserted Ballinger had! more than "a formal knowledge" ox" the Cunningham Alaskan coal laJkL cases, as was stated by Attorney Gen- ' -eral Wickers ham and charged Bat- linger with being fully acquainted -with the whole matter. -..The Wicker - -sham statement referred to was madew -in the report of his investignUoo; o iZ the charges against Ballinger. '" Will Consider Sanford's Decision. Washington, Jan. 28. That the re cent decision of Judge Sanford off Seattle In the coal land case in which, certain lands revert, to the govern- K ment because they had been obtained 1 Xj an .illegal combination, will b siaered toy the Ballinger-Pine hot troversy Investigation committee indicated by Senator Nelson today. Nelson said he had wired for a full'' text of the court's decision. Louis R. Glavis, former chief of th field division of the land office, re- -sumed the stand today and Attorney. Brandeis presented a long list of doe---' ' uments which he desired to have ad- mitted as evidence. Glavis' presented .'. a number of letters concerning, the. -Alaskan coal land claims which were - among the Indirect causes of the pres-. .. ent investigation. Glavis said' Henry Hoyt, the present attorney general ef ;'.' Porto Rico, had advised him to takes" up the matter of Alaskan lands wltau Secretary Ballinger direct.' The wit ness stated that he had replied, "I did not care to do so, knowing Ballin ger so well." During the morning session subpoe' . nas were requested by the counsel for j Glavis for the following persons to -give testimony regarding the Can- - ningham-Wilson claims, special agent Horace T. Jones of Portland, Arthur R. Bowman of Cheyenne, Wyo., An drew Kennedy, of Seattle, Henry Hoyt -attorney general of Porto Rkco, and" . P. C Richardson of Seattle, Wash. The committee also asked to secure -several hundred telegrams, letters and documents bearing In the various , ways upon the cases involved, and -tending to sibtantlate Glavis' teti--mony. PICTURE MACHINE IN AIR FOR AERO MKET Rheims. France. While the Acre -club of France is preparing for the great aviation meet of July 3 to a local motion picture firm has placed orders for the construction of a light k motion picture camera which will be . taken aloft in the aeronefs for the . purpose of reproducing the flights. The action nf the itictnre rnneern t taken as an indication that the meet , will be the grer.tet ever held, Accenting to Prince Roland lU-tia- parte of the Aero club. Count Do. . Lambert. ' one of wm.,.r v,i..'- pupils. Paul Tissandier. apd .ther (this v.ar will far outstrip the last In ; importance, in heavier than air firing j records m be established" fi r nger ear- ,.". v uijui. man carrying. i'"WMTy a?.,! ,h' f liBht"- Tl"" 051 'tul'rom RheU 1 ut 1111ns ircm uric IDT Brussels t ,tottai.hint- the fi,i-i,u aeroplanes ..,, f!r.., ,.,,. ,,.. i... to which ,,i.in,,s t, yut ClKHxdates for Cripple. London. The Queen has prcuntd to Sir William Trelor.an 11 large case containing a box of chocolates for each of the inmates of the Lord Mayor Treloar Cripples' Home and. College, at Alton. Hants. The man who can invent pulavltes or even much less noisy streetcars will earn the gratitude -of millions, and a fortune besides. 7