EVENING EDITION
EVENING EDITION
WEATHER REPORT
Calling cards, wed
ding stationery, com
mercial stationery and
job printing to order
at the East Oregonian
Rain or snow
and Sunday,
tonight
COUNTY OFFICIAL PAPER.
CITY OFFICIAL PAPER.
TOL. 22.
PENDLETON, OREGON, SATURDAY, FElIltUAltY 2G, 1910.
NO 6836
v, jf
JONES TEARS
1
DEFENSE
Special Land Officer Well
Known in Pendleton Deals
Ballinger Severe Blow
SECRETARY KNEW "MINUTE
DETAILS OF ALASKA CASES
'Portland Man Shatters Structure of
Carefully Formed Defense of Bal
linger Ex-Commlssloner Had In
timate Knowledge of Fraudulent
. Claims -Jones Substantiates Glavls
In Every Particular Has Keoordn
to Prove Ilia Statements.
Horace T. Jones, the former special
agent of the land office who sprang
a sensation with his testimony yes
terday In the Ballinger-Plnchot In
vestigation in Washington, D. C, is
well-known In Pendleton. He has
been In this city on a number of dif
ferent occasions on business In con
nection with the land office and has
been here for weeks at a time. He
Is therefore known to every attorney
In the city and to many others also.
According to the following dispatch
sent out yesterday from Washington
the testimony of Jones was among the
most Important yet Introduced be
fore the inquiry committee:
Washington, Feb. 25. Horace T1I
lard Jones of Portland, special agent
of the Interior department, today
shattered completely the structure of
defense which had been built by Bal
linger and the indorsement by Taft.
Jones showed beyond question that
Ballinger knew the minute details of
the Alaska coal land' casja, conferr
ed day by day with Jones, and was
studying the cases so aa to be ready
to appear before congressional com
mittees to advocate amendments to
the law for the relief of coal claim
ants. The bold statement had been
made by Ballinger that he did not
keep track of them, and had only
"formal knowledge."
Vertrees, Balllnger's lawyer, had In
sisted at a previous hearing that Bal
linger did not know the coal claims
were regarded as fraudulent when he
was commissioner of the general land
office.
, Jones proved this untrue, as he pro
duced the record of his conferring
with Ballinger at Seattle in July, 1907,
when Ballinger was commissioner,
Jones corroborated Glavls in every
particular.
Today's testimony, although not
sensational Is vitally Important, be
cause It shows Balllnger's principal
defense is unsupported by the records.
Jones testified that he told Ballin
ger that Special Agent Love, who
was associated with him in the Al
askan cases, seemed half hearted
about the Investigation because of
friendship for the claimants. Jones
said he told Ballinger he thought this
was not a proper spirit on the part of
Love. Ballinger agreed with him, the
witness stated, approving his criti
cism of Love's attitude.
Sheridan a Bungler.
Jones sprung a sensation by de
claring flatly that Attorney Sheridan
the young lawyer appointed by the
government to Investigate the Cun
ningham cases, had spoiled the gov
ernment's hope of successful prose
cation. Jones declared Sheridan re
vealed the entire case of the govern
ment at once, giving the defendants
time to prepare their defense at lei
sure. Senator Fletcher asked the witness:
"Do you mean to say that there
never has been any serious prosecu
tion of these cases up to this timet"
"Just about that," replied Jones.
"Sheridan was Ignorant I do not
charge him with being corrupt, but
1 think he tried the case unwisely."
Jones testified that Former Gover
nor Moore of Washington once said
that If it had not been for Glavls his
people would have had their patents.
The witness corroborated the testi
mony of Glavls regarding his efforts
to get criminal proceedings on the
charge of fraud, started against the
Alaskan claimants.
Attorney Brandels produced a
statement signed by Glavls and Jones
relative to a conversation with D. A.
McKenzle of Seattle. In the state-
MORE SITES ON RIVERS
MAY BE WITHDRAWN.
'
Walla Walla, Feb. 28 The
departure of F. W. Goodrich, a
government official this morn-
lng with a forest ranger guide
for the mountains is believed to
be the forerunner of the wlth-
drawal of many more water
power sites on the Walla Walla
and Salmon and other streams.
Goodrich refused to talk of his
mission, but it Is known he Is
connected with the forestry de-
partment.
ment they declared that MeKeiule
went Into their office on June 26,
1909, and told them he had talked
with James R. Garfield, then secre
tary of the interior, and that Gar
field appeared to be hostile to the
Alaskan cases. They declared that
Garfield's attack was such that the
claimants for Alaskan mineral lund
had brought pressure to bear upon
senators and representatives to gel
him out of the cabinet.
SEATTLE OFFICIALS "DEW
TEXT OF JONES' TESTIMONY
Seattle, Feb. 26. Federal Judge
Hanford and District Attorney Todd
today deny the testimony of Special
Agent Jones before the . Ballinger' In
vestigating committee In Washing
ton yesterday. "The statements of
Jones are absolutely false," said Todd
this morning. "I didn't say that
Judge Hanford was constitutionally
oppemed to the land fraud cases and
the reason I didn't want to prosecute
them was because I didn't want to be
humiliated by having them turned
down. Jones was a perfect stranger
to me. He is also a personal friend
of Glavls and is trying to shield him."
"The statement that I am opposed
to land fraud cases Is utterly false,"
said Hanford.
KING TAKES STAND
T THE L
WILL ASSIST ASQUITH
TO PASS VETO BILL
If Peers IJalk Edward Win Create
Enough Lllx-ral Lords to Insure
Passage of Kill Premier Forces
the Issne.
London, Feb. 26. Supporters of
the Asqulth ministry today assume
from the attitude of the King that
the veto bill will be plissed, even If
Edward is compelled to swamp the
house of Lords with newly appoint
ed liberal peers. The fate of the
cabinet's success through alliance
with the nationalist and laborites de
pends on the Immediate consider
ation and passage of the veto bill.
The King has practically assured As
qulth that if the lords balk at the
curtailment of their prerogatives, a
sufficient number of liberal peers
will be appointed to carry out the pro
gramme of the ministry in the
house of lords. It Is understood the
premier told the King he would be
compelled to resign the premiership
unless he agreed to the plan.
PLANTATION WAR IN
GrADALOl'PE BREAKS OUT
Point a Pltrc, Guadaloupe, Feb. 26.
Tho French cruiser Victor Hugo, is
on its way here today to take part
In the suppression of tho plantation
war arising from the strike of sugar
cane cutters. Pillaging In outlying
district takes place dally. Several na
tives have been kilted and a serious
clash Is feared.
MAN MEETS DEATH
IN BIG RNOWSLIPE
In a terrible snow slide that oc
curred this afternoon In the Cornu
copia mountain range Robert Wilson,
one of the oldest and most highly re
spected miners of that camp, met
death and Is burled under many feet
of snow and lee, says Wednesday's
linker Herald.
The slide started well up In the
mountainside and with the speed of a
meteor dashed downward breaking
largo trees the same as though they
had been matches. It struck the
Union-Companion mine's bunk house
and completely wrecked It, ' rolling
It over and over as the timbers were
crushed and twisted. Robert Wilson
was In the path of the slide and
could not reach a place of safety.
The noise made by the slide re
sembled a distant cannonading and
the snow and ice filled the air mark
ing the course of the slide through
the atmosphere.
At this time It is hard to estimate
tho amount of damage to property.
Frcewntcr Lid Is On.
Regarding the near beer trouble at
Freewater, the Times of that city
says: 1
The community has been deeply
stirred during tho last week by events
which have eventuated In the closing
of the pool rooms and all other places
of business on Sunday, except those
exempt by the statute. On Thursday
V. O. Kelly and Ed White were
brought before Justice Chllders, and
charged with keeping their places of
business open on Sunday. The cases
were adjourned until Saturday, when
Mr. White pleaded guilty and was fin.
ed $5 and costs. Kelly filed a demur
rer on the ground that two offences
were charged In the complaint. Both
places were closed tight last Sunday
for the first time In the history of the
town. The above result Is the out
come of an agitation which begnn In
the country districts surrounding us.
A very largely signed petition was
circulated, asking the city fathers to
Inquire Into existing conditions and
make the city as clean as possible In
eliminating the pool rooms and the
near beer establishment.
PINCH IS ON AGED DOCTOR
WITNESS STAND IS INDICTED
Deposed Chief Forester De
nounces Ballinger Before
Investigation Committee.
niMKiKS HE IS ENEMY
TO ROOSEVELT POLICIES
Aitiiw'm Sccrctury of- Interior Willi
Overturning Conservation Policies,
and Making lulsc Statements to
President Taft "Interest of People
Not Safe in His Hands," Says Pin
ebnt Also 0Hses Reclamation.
Washington, Feb. 26. Gifford
Pinchot, on the witness stand today,
accused Rallinger of overturning the
conservation policies of Roosevelt and
f milking falne statements to Presi
dent Taft. Ho charges that Balilngcr
entered office with the intention o
making short work of the policy of
protecting water sites against monop
olistic control. He said he is con
vinced that Glnvis was a faithful
public servant and Ballinger is a dan
gerous enemy to conservation.
"When thp story has been told,"
PJnchot said, "and the witnesses
whom I shall ask you to call have
leen heard, you will realize that the
Interests of the people are not safe
In Ballinger's hands."
Pinchot referred to the letter he
sent to President Tart on November
4. in which he said he advised Gla
vis to lay the Alaskan matter before
the president. Rallinger didn't notify
the forest service that application
had been mnde to patent the Cun
ningham claims, he said, arthough a
part of them lay within the forest re
serves, and later he denied access to
records in the ease to men repre
senting the forestry department.
The letter states that on March 20,
1909. Secretary Ballinger began to re
store To entry, without advertisement,
lands which had been withdrawn by
Garfield "You (Taft V continued
the letter, "said that the reopening
of the lands had been mentioned to
you by Rallinger, but that he had not
told you what It meant and you
would see him ahout it. Thereupon
the policy of restoration was revers
ed, and what has been declared to be
Illegal was soon to be within the law
and withdrawals begun awaln." Pin
chot also charged that Bnllinger's
unfriendly attitude toward the re
clamation service has threatened to
disintegrate that service.
AUTO TOURISTS LOST IN
STORM ON THE DESERT
Los Angeles, Feb. 26. Grave fears
are felt today for the safety of W. S.
Hanson, a wealthy resident of Sara
toga, N. T., his 'wife and son. The
Hansons were caught In a terrific
storm on the 'Colorado desert while
touring in an automobile. A second
car containing George Pake, an au
tomobile dealer, and two assistants, is
also lost in the storm. A relief party
left early today.
INDICTED BEEF BARONS
WILL BE EXTRADITED
Jersey City, Feb. 26. Prosecutor
Garvan today took the initial steps
in the extradition of twenty-one beef
trust barons who were Indicted yes
terday and whom he will attempt to
bring to this state for trials. A hard
fight Is expected.
Dr. H. S. Garfield went to Nolln
this morning on professional business.
SNOW
T FEET DEEP
FAMILY IS STILL IMPRISONED
(Staff Correspondence.)
Kamela, Ore., Fob. 26. A steady
snow storm has been in progress
here since last evening. The snow
N now eight feet deep on the level
and the total" amount of snowfall at
this point for the winter Is 13 feet.
This Is the heaviest fall recorded here
In 16 years. The thermometers are
registering three above zero today.
The present storm threatens to
block railroad traffic and if it con
tinues one of the big rotarlcs station-,
ed at La Grande will be ordered west
to assist the 160 men who are em
ployed at this point In an effort to
keep the road clear.
Friends of the Mentzer family
which Is reported to be snowbound In
their cabin on tho headwaters of the
McKay creek, are greatly worried. for
their safety. No word has been had
from the family for several days and
It is reported that their supply of pro
visions Is entirely exhausted, It Is
Dr. Willard P. Burke Must
Answer Two Charges
Givc Heavy Bail.
ACCUSER OF ATTEMPTED
MURDER AND ABORTION
Grand .Jury Completes Investigations
Into Explosion in Tent House of
Mi Liiella Smith Burke Indicted
lor CuiiNing Explosion With Intent
to Kill Woman Alcges Venerable
Pliyxiclnn Is Father of Her Child.
Sunta Rosa, Calif., Feb. 26. Two
indictments, one charging him with
attempted murder by means of dyna
mite or some other explosive, and the
other with abortion, were returned
yesterday afternoon against Dr. Will
ard P. Burke, as a result of thre days
investigation by the grand Jury of So
noma county Into orcumstanc.es sur
rounding the dynamiting of the tent
house occupied by Luclla Smith and
11 -months-old baby February
5. The Inquisitorial body, composed
of representative citizens of Santa
Rosa and vicinity, several of whom
were warm friends of Burke, report
ed the indictments to Superior Judge
.Sewell last night. Bail fixed at $20,
000 on one indictment, and $5000 on
the other, was quickly furnished.
The aged and patriarchal appear
ing osteopathic physician, who Is
widely known throughout the state,
and to whose sanitarium hundreds of
people have come in search of health,
is charged with having "feloniously,
wilfully, unlawfully and maliciously
deposited and exploded in or near the
tent house occupied by Luella Smith
and her child, dynamite, Hercules
powder or other chemical compound,
with the intent then and there to
flonou.y injure said Luella Smith
and that by means or said deposit
and explosion said Luella Smith was
thereby injured." The other indict
ment charges him with having per
formed an abortion upon a young
married woman of Sonoma county.
Smith Woman Not Attractive.
Unusual interest' attached to the
last day's Investigation of the grand
jury because of the fact that the
Smith woman had been called to
testify. A large crowd gathered In
the vicinity of the grand jury rooms
to get a glimpse of the woman who
charges that the aged physician is
the father of her son. There was a
murmur of disappointment from those
who expected to see a young and at
tractive woman. When Miss Smith
appeared they saw a woman about 40
or 42 years old, unusually tall ana
extremely thin of figure with a sal
low, cadaverous face. Looking older
than she actually Is and angular In
the extreme, there Is nothing prepos
sessing, much less seductive In her
appearance, which Is far from the
pictures that one would conjure of
the woman who had caught the fancy
of the long bearded physician.
Burke is Child's Father.
Miss Smith, it Is said told the grand
Jury of her alleged relations with Dr.
Burke and in testifying repeated the
statements that she has made several
times to the effect that Dr. Burke Is
the father of her child. "
Correspondence between Miss Smith
and Dr. Burke was placed oefore the
Inquisitorial body, indicating that the
two had known each other for a num
ber of years.
Dr. A. W. Hitt, formerly head phy
sician at the sanitarium, told of al
leged remarks made by Dr. Burke that
said that there are six small children
In the Mentzer family.
L. E. Tipton, a forest ranger, start
ed toward the Mentzer place on snow
shoes yesterday, but after proceeding
three miles, about half way, he was
forced to abandon the trip and re
turn to Kamela.
Notwithstanding the above dispatch
from Kamela no anxiety Is felt In
Pendleton for the safety of the Im
prisoned family. Deputy Sheriff Bert
Wilson wns again In communication
with George Adams, of Upper Mc
Kay creek this morning and Adams
positively declared that he saw Ment
zer less than two weeksago and at
that time the rancher had about 100
pounds of provisions. This being the
case, the family can be In no Im
mediate danger and unless the snow
should remain on a week or two long
er, no special effort will be made to
reach the Mentzer family.
he "feared Miss Smith would attempt
to kill herself with dynamite."
Thomas Riley, a miner, testified
that Burke had obtained six sticks of
dynamite at the mine In December.
English Asbestos Man Here.
Cheyenne, Wyo., Feb. 26. Mar
tinus Thompson of London, represent
ing the large asbestos interests In Eu
rope, Is Jn Casper, Wyo., looking over
asbestos mines owned by the three
Casper companies. It is said he has
offered $1,000,000 for the properties
and that his interests will spend a like
amount in development work the first
year.
Portland Hogs $10.
Portland, Ore., Feb. 26. For the
first time in the history of Portland
as a livestock market, hogs on foot
have been sold for $10 a hundred. A
sale of 88 hogs averaged 196 pounds
each at this price was reported here
late yesterday.
Jones Bests Neil.
Baltimore, Md., Feb. 26. In the
13th round of a scheduled 15-round
bout last night the police ordered the
fight stopped and Willie Jones of
Brooklyn was given a decision over
Frankie Neil of California. Nell was
almost out.
TALK; IS ARRESTED
LABOR LEADER CHARGED
WITH INCITING RIOT
Declares There are Men In Northeast
Who Can Shoot as Straight as Any
Trooper Out on Bonds Denies
Making Statements.
Philadelphia. Feb. 26. President
Murphy of the Central Labor Union,
arrested yesterday for inciting a riot
following the publication of an inter
view threatening trouble for the au
thorities was released on bonds today.
Murphy denied the statements. In
dications are that little trouble will
occur during the day. The company
offers to take back the strikers
should they return by Tuesday.
It is said that Murphy declared "a
general strike should be called im
mediately. I think it is inevitable.
There are men in the northeast who
can shoot as straight as any trooper
that ever drew a breath."
The labor leader Is charged with
inciting riot. The remarks on which
the warrant for Murphy's arrest were
based were said to have been made
by him following the announcement
that at a special meeting of the board
of directors of the Philadelphia Rap
Id Transit company the request for
arbitration submitted by the com
mittee of prominent clergymen had
been declined.
PROMINENT DEMOCRATS TP
HOLD JEFFERSON BANQUET
Washington, Feb. 26 Leading
democrats are planning a national
love feast of a party or celebrities for
April 13 in the form of a Jefferson
banquet. It will be attended by prom
inent democrats from all parts of the
country.
LONDON TO CONSECRATE
CATHOLIC CATHEDRAL
London. The Roman Catholic
cathedral at Westminster is to be
consecrated on June 28, fifteen years
from the laying of the- foundation
stone by the late Cardinal Vaughan.
It is 360 feet long and 156 feet
wide, the nave is 117 feet high and
the campanile 278 feet high. The
building covers an area of 64,000
square feet, and is.bullt of brick and
stone.
The actual structure was finished
In 1903, and services have been held
In it since then, but as planned it Is
probable that the cathedral will not
be completed for another 'generation
at least. Up to 1907 it is estimated
that $1,000,000 has been spent on the
building, apart from the cost of the
site.
RANCH SELLS FOR $77,760.
Walla Walla Man Makes 200 Per
Cent on Investment.
Walla Walla, Wash. John Hoff
man, one of Walla Walla's wealthiest
ranchers, has just completed a deal
whereby he sold a ranch of 3240
acres In the Horse Heaven country to
the Taklma Valley Investment com
pany for $24 an acre, or a total of
$77,760.
Mr. Hoffman purchased this land
years ago without even seeing It, pay
ing $8 an acre. Since then he has
placed some Improvements on it, for
which he has been several times re
paid by realizing a gain of $51,840 on
the deal a profit of 200 per cent on
the investment. Th company which
purchased the land will cut It Into
small acre tracts.
R. R. Darwin, rate expert of the
Michigan railway commission. In a
memorandum filed with the commis
sion, says that of 1855 freight tar
iffs and supplements applying to rates
on staple commodities which were fil
ed with the railway commission dur
ing 1909, 83 per cent contained reduc
tions and 17 per cent advance in rates.
OIL ROADS
IN HARD RAGE
Hill and Harriman Lines Pit
ting Forth Every Effort t
Reach Madras First.
OREGON TRUNK OVERCOMES
BIG ILVNDICAP WITH BOAT
Deschutes Railroad Has Big
The Mouth or the Deschutes Rive
is the Busiest Railroad Point In the
Northwest High Grades and Tres
tles, Long Tunnels and Big' Bridges
Being Rushed With All Speed.
(Special Correspondence.)
Celilo, Ore., Feb. 25. Perhaps the
most work of railroad construction la
Oregon, even in the northwest. Is at
present at a point on the Columbia,
river between the Biggs water tank
and Celilo, within a distance of si
miles. The Oregon Trunk railroad
has purchased the steamer Norma of
the Open River Transportation com
pany to be used in connection with
a large barge to be built for trans
portation of ties, rails, engines, cars
and other construction material of
O. T. R. R. from a point on the north
bank to the O. T. grade at the mouth
of Deschutes river. At a point on the
Washington side of the Columbia rlv
er opposite the mouth of Deschutes
river a station is being built and elde
tracks constructed from S. P. A S. R.
R. to a landing under construction on
the bank of the river.
From this point the steamer Norma,
with the large barge will carry freight
across the Columbia to a landing OB
the Oregon side, where the Porter
brothers' construction crews are mak
ing a landing'and building a trestle
over the low beach lands of the Co
lumbia river, which will join their
grade at a point where the O. T. R.
R. leaves Deschutes river to build
down the south bank of the Columbia
to Celilo.
The O. T. must cross the tracks of
the O. R. & N. at a point just west
of the O. R. & N. steel bridge over the
Deschutes river to reach their first
point of completed railroad grads
from which place they will be able to
push construction of their railroad In
to central Oregon.
Construction Is Slow.
The three miles of o. T. line from
the mouth of Deschutes to Celilo Is
located high above the O. R.. & N.
tracks between them and the cliffs,
the work of construction being very
heavy and slow through one cut of
solid rock and a tunnel of about 1000
feet through a very high cliff. This
piece of construction is very slow on
account of contractors not being able
to put in heavy blasts in shooting the
cliffs, from the danger of covering
the main line of the O. R. & N. with
heavy rock, thereby delaying traffic
or shooting a passenger train.. Many
big fills are to be made on this piece
of grade and at one place where a cm
has been made through the sand, a
slide of about 2000 yards has already
taken place upon the grade caused
by recent rains and melting snow.
Porter Bros, have at present one
steam shovel working upon the grade
In the cuts and will soon have a sec
ond shovel In making terminal yards
for the storage of construction
material at the mouth of the Des
chutes river.
Race Is Exciting.
As it will require about one year
to bore the tunnel and one year and
a half to construct the steel bridge at
Celilo across the Columbia, the O. T.
R. R. must depend upon present tem
porary arrangements for construction
of their railroad into the central part
of the state.. The race of the con
struction work between the Deschutes
railroad and the Oregon Trunk rail
road to be the first to enter Madras
with rails will become exciting from
now on. The O. T. has been greatly
handicapped In securing material, but
their present plans will overcome this
handicap. The Deschutes railroad,
however, has six miles of steel laid
with construction trains running over
the track to the first high trestle,
which is about half completed. After
(Continued on page 8.)
e e
e SNOW AND RAINS e
s BLOCK G. N. TRAFFIC, e
e Everett. Wash , Feb. 2. e
e The snow blockade of the Great e
Northern grows worse each e
S hour. A heavy snow fell last e
e night In the mountains, com- e
s pletely wiping out work pre- e
viously done In clearing tracks, e
e Six passenger trains are still e
stalled. Rains are now playing e
e havoc with the coast I'nes. Two e
e trains were wrecked last night e
s between Seattle and Belling-
ham. running Into washouta e
The firemnn on one train was
injured.
mm