EVENING EDITION
EVENING EDITION
H EATH Ell IlEPORT.
Calling cards, wed
ding stationery, com
mercial stationery and
Job printing to order
at the East Oregonlan.
Fulr tonight 'and Tues
' day.
CITY OFFICIAL PAPER.
VOL, 24.
PEXDLETOX, OREGON, 3HOXDAV, OCT0HKIL 30,
NO. 725G
,,., . ,..imu!!iigafJBm ffiifchf flftWllO.V.'l vmim.f JJ,JJLtew
:
Judge Overrules Every
jection and Motion of
Namara Attorney.
Ob-Mc-
REPEATED SHARPCLASHES
Defendants' Counsel Shows Little Itc
pird for liordwell by Dilerruptins
Him several Times During Uecita
tion of Alleged Unfair Decisions.
Hall of Records, Los Angeles, Calif.,
Oct. 30. Another severe rebuke was
today administered by Judge Bord
well to C'arencc Harrow, chief coun
sel for the McNamara brothers, for
alleged predicating an attack on the
court's decision of Saturday, which
was handed down In qualifying Ve
nireman Frampton and Winters, up
on "an Isolated portion of their tes
timony." The court also overruled a new
challenge of the defense against the
two men, which was made by tho de
fense, becaus" they sta'ed that they
could not return a verdict of guilty
on circumstantial evidence. They
can now be emlnated only by per
emptory challenge.
Judge liordwell characterized tho
challenge as a flagrant effort on the
part of the defense to evade his de
cision of Saturday. lie also declared
that the constitutional rights of the
McNamaras could not be menaced by
the retention of tho two Jurors; in
fact, lie declared, tho prosecution
would suffer, If anyone, by their hav
ing seats on the Jury.
Harrow bitterly objected when his(
challenge was ovrruled and declared ,
tiie court' explanation was In va-.
rlance with the case. Ho interrupt- j
ed tho Judge repeatedly with protests
and objections, which were promptly
overruled. When tho decision was
completed Harrow formnly read into
tho record a formal objection, which
was couched in bitter vindictive
terms. This was also sharply over
ruled by Judge liordwell.
During the examination of Tales
men George Johnson and A. J. Wil
son, who were excused on account of
111 health, tho opposing attorneys
dashed frequently and were rebuk
ed several times by Judge liordwell.
Ch'cngo. Oct. 30 President Taft
today Issued his proclamation, fix
ing November 3'Mh as Thanksgiving
Day. In his preamble he mentioned
Die rich bancs'. -, industrial prosper
ity, enlarged markets and freedom
from pe-tiieneu and war as particu
lar reasons fo thanksgiving.
The proclamation reads: "Our na
tional councils have furthered the
cause of peace in other lands and
this spirit of benevolence has
brought us in closer touch with other
people--. Strong, in a sense of our
own rights, wc arc inspired to tho
sense of right in others and we live '
In peace and harmony with the world, j
Itich In priceless possessions and i
abundant re ources of tho where
with of Cod's unst'nted . bounty
which has been bestowed on us we
are unselfish')- glad when other peo
ple pass onward to prosperity.
To. lay the president opened tho
National Dairy show at tho stock
yards and laid the cornerstone of the
Hamilton club house,
CO CUT II AS Tl JEST'S
HEOlKiAMiATION PLANS
New York, Oct. 30. The United
States court today began work ot
passing on the reorganization plans
of the Tobacco trust, recently forced
to dissolve by the supreme court.
Judge Laeombc, presiding, announc
ed that the trust attorneys will t rst
announce their plan, after which the
representatives of the security holders
mil ef independent tobacco growers
will be heard Then tho company
will be allowed to answer tho objec
tions. Dynamite on Tracks.
Seattle, Oct. 30 A stick of dyna
mite was found this morning on the
tracks of tho Seattlo-Henton nnd
Southern lines, south of Scattlo. Tho
car had passed over It, pushing the
explosive aside and running over the
paper In which it was wrapped. This
is tho Tno over which Judge Han
ford's Injunction against tho patrons
stirred such a big protest recently.
Gets Half Section of Land.
J. C. Mack has serured a half sec
tion of land in the Hudson Bay coun
try, according to two deeds placed on
record today. The first conveys 160
ncres from Narclssa C. Moore to him
and the other tho same amount from
V. Edwin Moore. The consideration
waa $3300 for each tract.
n Minimi 10
iiHitEiiiyy a
AGI REBUKED
TIIKKE A,MEItICANS
AKK t'AIUMXALS
Washington, D. C, Oct. 30.
Piii r I Delegate Falconlo, today
received official notification
from the Vatican at Homo, that
himself, Archbishop Farley, of
New York and Archbishop O'
Connel, had been appointed car
dinals, by the pope.
O
III KEXT IH
In
Speech, He Admits Pos
sibility Kmls "Winning West" Tour and
Claims Mo Is Satisfied Trip Was u
"Frost,'' Say a Duis.
Chicago, Oct. 30. Concession of
the pos.-ibllity of republican defeat, In
the next national election, was a fea
ture In the address today by Presi
dent T.cit before the Hamilton dub,
Chicago'.-! biggest republican organi
zation. "Kvi ii if we are beaten, there Is
hope, for the future," was tile way Mr.
Te.lt put it. ,
More than 1,000 heard the address.
'Winning West" Trip Ends.
Chicago, III, Oct. 30. With a to
tal of twenty-two states visited, 110
scheduled stops and more than twice
that number of rear platform speech
es, President Tart today ended his
"Winning the west" trip.
He declared that he was satisfied
with the tour although the effect of
his Journey is as yet undecided. He
said the trip was a great success.
Early speeches made by the presi
dent were conservative .but he went
further as the trip progressed.
The only speech which aroused any
real enthusiasm was the one on
international peace.
Politicians claim that President Taft
succeeded In fixing the attention of
the people on the next congress and
they believe the accomplishments of
the next session will decide the pres
ident's political fate.
President Taft's tour will last
twelve days more. Tomorrow lie will
visit Pittsburg and Morgantown, Pa.;
Wednesday, West Virginia; Thursday
will review the navy at New York and
Sunday. Nov. 12, he will return to the
White House.
Was a l'rost.
St. Louis. Mo.. Oct. 30. Character
izing President Tail's western tour
as a frost. Senator Jeff Davis arrived
here with W. J. Pryan today. He said
he Is traveling over much of the
same route as the president and dis
covered that the people stayed away
while the politicians provided "what
little noise there was."
mm:
NAMES MENTIONED
AS IIABLWS SlCCESSOll
Philander C. Knox I'irs Choice of
Washington Gossips. in t a Missouri
Hit .May bo Chosen.
Washington. There is no end in
Washington to the speculation over
the probable action of the president
in filling the place on the supremo
bench, made vacant by the death of
Associate Justice Harlan.
One hears everywhere that Phil
rnder C. Knox, Secretary of State, can
have the place if he will accept it.
Next In order conies Attorney-General
Wlckershani, and then Solicitur
C.cnernl Frederick V. Lehman.
A list of the other probabilities to
date is made up of Secretary Nagel,
of the Department of Commerce and
Labor; Judge Gordon Kussell of Tex
as, Senator Isador Kayncr, Senator
Kenyon of Iowa, Senator Borah of
Idaho, and Justice Swayzo of New
Jersey.
The idea seems to prevail that the
president may determine to take the
appointment from tho Middle West.
The late Justices Brewer nnd Harlan
were from the Middle West, which
has no representative on the court
For that reason Secretary Naglo and
'Lehman, both from Missouri, arc
"looking up," at least for the present.
It is not probable that the presi
dent, even with the court just enter
ing upon some Important cases, will
make an Immediate appointment.
FAMOUS NEWSPAPER
OWNER SUCCUMBS
New York, N. Y., Oct. 30. Joseph
Pulitzer, famous proprietor of the
New York World nnd one of tho most
prominent newspaper men In the en
tire world, died suddenly yesterday
aboard his private yacht, near Char
leston, of heart disease.
The body will be brought hero on
a special train which aves
Charleston this' afternoon. Tho nr-
rangements for tho funeral have as
yet not been completed but tho buri-
al will be in Woodlnwn cemetery.
GOVT. TROOPS
BURN HIM
o
I
Retake Lost Town
tcher Several
Non-Combatants
and Bu
Thousand OFFER PARDON TO REBELS
Mancliu Dynasty Proposes Sweeping
Deforms In Effort to Stop Kcbeilbm
ltevolutionisfs Arc Not Inclined to
Accept Overtures.
Shanghai, Oct. 30. Warships off
here today received wireless messages !
saying that the imperial troops had
recaptured Hankow and were burn
ing the city. It is believed the rebels
found it too hard to- hold the town
and abandoned it.
It Is believed that when the imper
ialists entered Hankow, thousands of
non-combatants were slaughtered.
It is feared that Enuropeans, a lew
at lca::t, f-u.'fered with the rest.
Peking, China, O'.t. "0. The gov
ernment today issued an edict, grant
ing what amounts to constitutional
rule, in China, and which provides
for freely pardoning of the rebels, a
parliament, revision of the present in
effective constitution, substitution of
military measures, in maintaining or
der and for great curtailment of the
emperor's power. It is believed how
ever that It will not stop the revolt.
It is reported that China is making
elfers to certain foreign govern
ments, for aid in upholding the ad
ministration. It is believed that the Manchus are
negotiating with England and France
for n $18,0000 loan.
The American and German govern
ments, it is expected, would raise ob
jection, if the deal went through.
The probable loan would do little
toward suppressing tho rebellion, as
the rebels announced that they will
rVidiate the imperial government's
ol ligation if they win.
Threaten Consul.
San Francisco. Oct. 30. Plain
clothes men are guarding the Chinese
imperial consulate here today. Con
sul General Li Yung Yue has been
threatened with bodily harm and
warned to leave the city unless he
recognizes the Chinese revolution and
hoists its flag over the consulate.
WRECK DELAYS j
O.W. R. & N. TRAFFIC
Traffic over the O.-W. It. & X.
lines from tho east was delayed for
more, than twelve hours yesterday
when eighteen cars of coal left the
trat ks at Pleasant Yah y. a short dis
tance cast of Laker, Saturday night.
The accident was caused by a broken
fla ngo.
Although reports have been circu
late,! about the city to the effect that
several lives were lust in the wreck,
no confirmation has been received
and the local railroad men positively
deny that anyone was even hurt.
Th accident occurred in time to
h ddup the fast mail and there was
no tra n through Pendleton from the
east yesterday until late in the eve
ning. Cowlxiy llanil to Wa'.la Walla.
The Hound-Up Cowboy band will
leave in the morninr for Walla Walla
win-re it will as lis; i:i the merrymak
ing at the big Hallowe'en Mardi (Iras
in that city tomorrow n gilt. The
land has also received a proposition
from Spokane to be present in that
city on November z to take part in
the Enakapos Jubilee. Inasmuch as
the Kound-Up would receive much
good advertising from the band's
partie'paion, an effort will be made
to send it to the big celebration.
THUG SLUGS LOCAL CONTRACTOR AT
KT
Tom Means,
well known contractor
of this city,
was tho victim of a thug
Satuiday night and ns a result suffer
ed somewhat physically but was
l.nt
UUt
little loser -financially. He was struck
over the head with some heavy weap
on, knocked unconscious and his pock
ets were rifleel of the small amount
of cash he was carrying.
The assault occurcd Just before
midnight Saturday around the cor
ner from the Tnllman Drug company.
Mr. Means had started homo after
paying a number of contracting bills
and had Just rounded the corner
when he hcorel a step behind him.
Thinking it a friend, he turned his
head Just in time to receive a terrif
fic. blow on tho right temple. He
fell to tho ground Insensible and laid,
killed, :
I.VJl KKI)
'.0
WKECK
ltock Springs, Wyo , Oct. 30.
Th :;( persons wire Instantly
kiilt d end thirty wounded here
last night when the, East bound
Atlantic Express on the Union
Pacific crashed Into a freight
train standing on a siding await
ing its passing.
ITALIANS BADLY
DEFEATED BY TURKS
Tripoli
May Have
Retaken
Been
Dcaten
Latins ApiK'al for Keinforcc-
nuiits Anti-militarists May SUirt
mi Outbreak.
Constantinople, Oct. 30. A dis
tch to Turki--:i newspapers from
Sabah, today declared that the Ital
ian forces ore penned in in Tripoli,
an ar in danger of being annihilated,
f Mowing a desperate attack on the
Italians outside of Tripoli Saturday,
i i which the dispatches state, the
Turks drove tho Italians bark into the
town with three hundred killed and
several hundred wounded.
Want 1 loin forcemeats.
Homo, Oct. 30. A hurry call from
Tripoli has been received by the Ital
ian government asking for reinforce
ments and arrangements are being
made to meet the appeal. It is be
lli veil here that a bitter battle has
been fought in which the Italians were
defeated by the Turks and that the
Italian losses were very heavy.
-v losses Deported Heavy.
London. Oct. 30. Messages receiv
ed here from Tripoli indicate that the
Turks badly defeated the Italians in
an assault by the former army on
Tripoli, but home denies that the
Turks have retaken Tripoli. The
Italian losses are very heavy.
Grave danger Is seen in Italy in re
cent Italian reverses in -Tripoli, as
the anti-militarists there are only
awaiting an opportunity to start an
outbreak against the war with Turkey.
WELL KNOWN LOCAL
COUPLE HARSY
Pendleton society circles received a
complete surprise yesterday when
'hey read in the columns cf the Sat
urday Portland Oregon'an an an
nouncement of the marriage of Mr-.
Alice Sheridan to James B Kenedy.
The wedding occurred in Portland Fri
day afternoon." the Hey. H, H. Ram
sey, vicar of St. Stephen's Episcopal
church performing the ceremony.
The bride is one of Pendleton's
best known ladies, having been prom
inently identified with society and
club life of the city for a number of
years. Mr. Kennedy is a wealthy re
tired firmer of this county and has
made Pendleton his home for many
years. Both have an unusually large
e ire! i of friends to whom the news
came as a great surprise as none had
received any in'imation of the inten
tion of the couple.
Hotli the bride and groom
children by previous marriages
Kennedy has two daughter,
Maud Sheridan of this city, and
Willi. mi G. Lyons of M nn-'apolis
have
Mrs.
Mi-s
Mrs.
. Mr.
Kennedy is the father of seven chil
dren. B. E. Kennedy. firanrly of
Maker, but -now of Portland. Joseph
Kennedy i f Seatt le, Charles Kennedy
of Condon, Mrs. Bruce Smith Miss
Ethel Kennedy and two small children
all or this cily.
According to the Portland story,
Mr. and Mrs Kenedy will make an
extended honeymoon trip to the cast
after which they will return to this
city to make their home.
AND RIFLES HIS POCKETS
there for more than an hour when
Tracy Baker discovered him. His
face was covered with blood nnd it
W'flS fit t'li-ct tliniirrl.f thnt 1, ....... . i
"."."r... ..mi. ll.ia ClIII-
I miuli. lnliirn.1 ..11
...-. . .j u. .-i. a jtinitt? iivic Mini
fied but the culprit had made a good
get aw ay.
Mr. Means entertains n strong sus
picion that the deed was committed
by some laborer who was employed by
him on the contract of remodeling
the Clarke Hardware sctore. Ho de-
Clares he bad drawn ft
check for $175
Saturday afternoon to pay off a fen
bills but bad left tho balance except
$1.35 with a friend before going
homo. The $1.33 was taken and that
was all of value that the highwayman
got for tho risk he took.
Mr. Means Is able to be nt work to-
day but his head is still pretty sore
nun:
CALDWELL FILES INOED
COff UI AGIST BIERS
Prominent Farmer Waging Hard Fight For Right
to Irrigate Reservation Land
WILL Wll THE CASE-SAYS BIS LAWYER
Byers Company Has Mere
Complaint; Suit Means
and City.
In an amended complaint filed to
day with Federal Judge K. S. Bean
bv D. 1!. Bailey, attorney for William
Caldwell in his suit to otab'isa right
to the use of water from the river for
iirigating land upor the reservation
the complaint is made more -specific
upon the points outlined by Judge
Bean when he sustained the demur
rer of tho Byers milling company's at
torney a week or more asJ.
At the time- the demurrer was sus
tained Judge Bean dwelt upon tho
importance of the rights involved and j
ruled that the complaint should set
f'..rth more fully the quantity of wa
tt r des'rtd by the plaintiff. In the
amended complaint the sze of the
ditch, its capacity In miner's inches
as well as a full description of all the
land to be irrigated is given.
It is set forth that the plaintiff
William Caldwell, has leased the land
with the intention of farming the
same through irrigation from the riv
er and that the government hrough
the Indian bureau and formally ap
proved of the leases.
Former Suit Dropped. .
In many particulars the suit waged
by Caldwell is very similar to the suit
brought some years ago by Rigby and
others to obtain the right to the use
of the river water. At that time the
complainants dropped their suit and
allowing the milling company to ob
tain a decree by default. Since that
time it has been generally assumed
that the mill company has had a
valiant right to the use of all the wa
ter of the river.
Court Kiilinjrs Favorable.
However, decisions of the United
States courts and especially one by
the U. S. supreme court have mate
rially altered the situation. In a
suit involving the right to the use
of water on the Blackroot reserva'on
the supreme court has upheld the
rights of the Indians and according
to Mr Caldwell's attorney the points
involved are identical with those that
are up in the local case. In another
Montana suit Federal Judge Wolver
ton of this state, sat as trial judge
in place '"of the Montana judge and up
held the rights of the. Indians. That
dec s on was taken to the circuit of
appials and there affirmed.
Have Only Permit.
The basis of tho suit by William
Caldwell is that the Byers company
has nothing more than a permit to
u e tiie river water when it is not itc-
sired by the Indians and that the do-
partment of the interior may cancel'
that permit any time it sees lit to do ,
so. It is held in the amended com-1
plain that the Byers company is op- J
crating under the permit given in
1S70 tj C. A. Ladow and others and:
which right was subsequi n ly con-
f l ined by congress and transferred
to Byers. The following verbatim ex-
tracts are from the amended com- i
plaint tiled today in the Intel
Sta'cs court in Portland:
The Endow Permit.
That on tow it tho seventh day of
July, 1ST'1, George A. Ladow, G. W.
Bailey and Lot Livermoro and others
wcie by and through the ih parimen'.
; wci e
i of th
grant
interior of the Unite-', I St.ites
I a license and perm ts in
words as follows: to-wit "to con
struct a ditch across a portion of
the Umatilla Indian reservation in
Umatilla county, state of Oregon to
the town of Pendleton, in said coun
ty and state, and to take water from
the said Umat lla river over and up
on the said reservation and to con-
luct the same to said town of Pen-
el'etou. f r agricultural, m H'ng and
useful purpose-" upon the conditions
ASSASSIN MAKES
MISTAKE IN VICTIM
San Bernard'no, Calif, Oct. 30. Ev
idently mistaken for another man,
Santiago Avoli was shot and instant
ly killed this morning while walking
with his wife, their arms about each
other's waists, by an unknown assail
ant. The Avolis were a short distance
from their home when a stranger tip
poareil and asked: "Is this Juan'.'"
"No.' 'replied Avoli, "I am Santiago
Avoli."
The stranger immediately whipped
out a revolver and shot Avoli down
and fled.
The victim was later found w th
his wife lying at his side, also un
conscious, but not wounded by a bullet.
Temporary Permit Asserts
Much to the Indians
mentioned in words as follows: "In
granting saiel permission to construct
the said water ditch, :t is on the ex
presi condition that no permanent
rights shall atiach or become vested,
but that any ditch or canal dug or
constructed nnd the use of the same
shall be subject to the pleasure of
the department."
Continuing the amended complaint
says:
Tli(5 Itijrht Transferred.
"In pursuance of said license and
permit said
Ladow. Bailey and oth
ers did construct a small ditch and
did appropriate and divert into the
same aoout five inches, miner s meas
urement of the water of said river and
did conduct the same through said
ditch to said town of Pendleton for
the purpose of irrigation. That there
after one W. S. Byers built and con
structed a" mill for the manufacture
of flour in said town of Pendleton
and near the west boundary of the
reservation and with a capacity of
p.bout 50 barrels of flour in 2 1 hours
and to secure power to operate the
game said Byers purchased and took
assignment from saiel Laelow et al,
said right to the use of sa'd water
taken by them from said river under
and by virtue of said license and
permit, and thereafter the congress
of the United States recognized said
assignment of said license by said
Ladow et al to said Byers by an act
approved March 3, 1S85, providing as
follows;
Tho Dyers' Right.
"That the water right across a por
tion of said reservation from the
town of Pendleton, granted by the
interior department July 7, 1S70, the
application of George A. Ladow and
other citizens of Pendleton for man
ufacturing, irr'gation and other pur
poses be confirmed and continued to
W. S. Byers & Co. and their succes
sors, provided that this act shall in
no way Impair or affect any existing
right to a reasonable use of the wa
ter of said stream for agricultural
purposes nor shall confirm or grant
any right beyond or d ferent that to
wh ch it has been heretofore appro
priated. "That there after s ua . S. Byers
enlarged hU mill and said ditch and
appropriated and took from said riv-
1 er a much larger and additional quan
t ty of water of said river and used
i the same as power to operate said
nii'l and has continued to appropriate
j and use said water for said purpose
' from that day to this and without
- any right eir authority except the 11
j eense and permit aforesaid."
j Involves Dig Dile-re'sts.
j It will be seen from the above that
the Caldwell suit If successful may
I (.omi'leti ly wipe away the water right
' imw i-laimed by the Byers company.
liouiii the right to irrigate land up
n the reservation be established or
shoui.i the secretary of the interior
(see fit to cancel the Byers permit the
mill company wee.ild be allowed only
:s much water as was left after tho
reservation had done with it.
In turn the water of the river
v. r.id bceomo available for the ir
rigation of the reservation and it
would then become possible to con
vert that section of the county into
very favored irrigation district,
ueh a state of affairs would greatly
(Continued on page eight.)
SUPREME COURT
SITTING IN CITY
With Supreme Justice P.obert Ea
km and Associate Justices Thomas
McBrlde, Frank Moore, George Bur
nett and Henry J. Bean on the bench,
the eastern Oregon session of the statu
supremo court was convened in the
local circuit court room this morning
and eluring the next few days will
listen to many cases appealed from
the circuit cemrts tills side of the Cas
cade mountains.
The first cases to be heard were
from Gilliam county. The Condon Na
tional Bank being the respondents In
each case and E. C. Kogi-rs and E. C.
lingers ami wife the appilants. At
press time this afternoon, the only
other cases heard was that of E. W.
Borsman and S. B. i'ci-1 v. appelantii
vs C. S. Blackmon uud ',- rtrudo K
Blackmon, appealed mm Baker
county.