Bridge Man Admitted to A. B. Cooley, He Made $5,000 Extra Profit Through Change in Plans on the
Umatilla Bridge Said He Divided the Money With County Court So He Got Only Half Himself
GRAND JURY DID
NOT GET CHIEF
FACTS IN CASE
Jury That "White Washed" Bridge
Deal Deceived and Misled; Dodd
as Manipulator Did Not Want to
Involve Old Court Report Sub
mitted by Grand Jury Was Itself
in Violation of Law.
In his speeches in various parU
i the county ex-Judge Gilliland
ha.. Ut-n freely claiming that the
grand jury which in 1912 render
ed a "white washing' report as to
the I'matilla bridge deal exoner
ate) him from any blame in that
transaction.
Here are some facts about the
-grand jnrr report and after read
ing them jteople may judge for
themselves how much credence to
jdaee on that grand jury report.
1. The grand jury did not hear
the inot-t important feature of the
evidence in the case. It is the
sworn htatement of A. 1J. (olcv,
pr.hlished today, in which Mr.
Cooley says A. K. Kbcrhart ad
mitted to him that he had madej
$.",000 extra profit through rtie
chuiijrn in the plans on ihe Uma
tilla bridge and had divided that
profit with the county court.
2. The grand jury from rcjvorts
nvi-m-d as to its investigation did
not investigate with thorough
ness at least the still more im-
jNirtant subject- of bow A. iv
EWrhart came to exercise a mo
iiojK.lv on bridge contracts during
the (iillil.nnd term. Had it done
h it would have found verv startl
ing facts had it Ux-n looking for
. .i i i ; J i
them. J hat graua jury uiu hoi
learn of the change in plans on the
mx bridges built in 1000.
found LAW VIOLATION'.
,". Facts iat were laid before
the crand jury and were recited
l.v the grand jury in its rcjwrt
showed1 the law was violated re
garding the building of the Uma
tilla bridge.' This because the evi
dence was plain that the bridge
wan built under a contract with the
Atlas I Jridge Co. and not by the
i-ounty itself under a superintend
ent. The East Oregoriian has a
photograph of that original con
tract, which anvone may see by
calling nt the East Oregon i an of
fice. The contract called for a
complete bridge, erected in place.
DODD SHIELDED tilLLI
LAXD. -I. luliable men who were wit
nesses Ulore that grand jury say
the. maioritv of the mehibers of
the jury were either deceived or
were indifferent to the real facts.
Tliev say that the examinations of
witnesses were not conducted by
the foreman 1!. L. Oliver, but by
V. Dodd, the clerk, who' was
plainly working not to indict the
members of the court but to shield
them. It is said Mr. Dodd wrote
the "white washing" report sub
mitted by the grand jury.
.". That the grand jury or at
least the. uleii who dominated it '
wero inspired bv a desire to clear
ihe members of the obi court, if
IMwxihle, is shown by the fact they
submitted a report Umiii the sub
. . . .
ct when the law commanded
not to do so. .Section HJJ
Lord's Oregon laws reads as fol
lows :
"When a person has been held
to answer a criminal charge, and
the indictment in relation thereto
is 'not found 'a true bill' as pro
vided in Section 1428, it must be
endorsed 'not a true bill,' which
endorsement must be signed by
tho foreman, and presented to the
court and filed with the clerk, and
remain a public record ; but in the
case of an indictment not found
a 'true bill,' against a person XOT
SO HELD, the same together
with the minutes of the evidence
in relation thereto must be de
stroyed by tho grand jury."
JURY VIOLATED LAW.
The case against tho members
of the old court was an original
investigation and the men at the
time the investigation started
were not being held on a crimi
nal charge. Therefore tho last
provision of the law quoted ap
plied to die case and in submit
ting their report as they did the
members of tho grand jury them
selves violated the law. There is
also evidence that this was done
wilfully and in violation not only
of the law but of the instructions
given by the court and of tho in
structions given tho grand jury
by the district attorney. For
proof of this ask S. E. Van Wctor
who was then district attorney.
The simple facts of the case are
that unsusKX'tine members of the
bridge investigating grand jury
were deceived by Gilliland in this
instance as was also true of the
grand jury that listened to Gilli
land 6 false claims when he slated
the law governing the publication
of monthly expense accounts of the
county court was not observed in
other counties when in fact the law
is universally complied with.
DO YOU WANT A FRIEND IN THE STATE HOUSE?
Dr. ( J. .Smith is personally acquainted, directly or indi
rectly, with the majority of people in Umatilla county, having
lived here for 22 years. If he lecomes governor of Oregon you
will have a jiersonal friend in the state house and your county
will have a friend who is known to be true and able. It will
be of advantage to you and to your community to have such a
friend in jwwer a is obvious. Xo one knows what needs may
urise in the next four years. A vote for Dr. Smith is a vote
to put your own man in office; a vote against him is a vote
for a man who is a stranger to j'our needs and has no concern
in vour welfare.
MANUFACTURING COMPANY
SEEKING LOCATION HERE
&POKAXE COXCERV. HOWEVER,
WOIXD HAVE $50,000 CAP--ITAL
STOCK RAISED,
To make Pendleton the home of the
Empire Manufacturing company, now
of Spokane, was the proposal sut
mitted to the committee on trade ex
tension of the Commercial assocla
tlon yesterday afternoon by Charles
Kilt and Philip Labor, representatives
of the company. The proposition Is
contingent, however, wpon the rac
ing of $50,000 worth of capital stock
here, a condition that constitutes a
real obstacle in the view of the mem
bers of the committee.
The company proposed to turn over
$27,000 In assets and Its 1$ patents to
a new company organlied here- The
subscribers are to have El per cent
of the stock and the old company 4
per cent, thus giving the control to
the local people.
The Empire Manufacturing Co. has
been organized several years and now
.. - 1 c 1. - rt
nas a smnii inciory in i-imMire. "i
STATE SUPERINTENDENT OF
SCHOOLS 6IVES ADDRESS
"EXEMPTIONS AND 8TII GRADE
EXAMINATIONS" SlUJECT
OF TALK.
Today the aecond session of the
teachers' annual Institute was held
at the high school auditorium, be
ginning at I with two songs, "Holy,
Holy Holy," and "The Land of Ore
gon." The Invocation was by Rev.
Charles Quinney, of the Church ot
the Redeemer.
After the Invocation the teachers
reported to the session rooms for the
morning section work. M. 8.. Pitt-
man gave an address on the Teach
ers Plan for the Tear," In which he
compared the old bygone system of
teaching by "the .tune of a hickory
stick," with the present day systemat
ic method.
In room I, F. L. Griffin gave a lee
ture on "Courses on Elementary Ag
riculture.' The rural teachers met
In room 12 and listened to an address
by State Superintendent Churchill, on
"Exemptions and Eighth Grade Ex
aminations." The high school teach
ers were entertained by M. L. Daggy
in room 1J with an Interesting ad-
in ins 111
11; Ml BALKANS
BE 1
II
First Blow is Delivered Against
Russia Formal Decfaration Has
Not Been Made Yet. .
LONDON, Oct SO. The Russian
ambassador at Constantinople has
been ordered to demand his passports
and leave Turkey Immediately, It was
stated In a news agency dispatch
from Petrograd.
. At the same time all the Russian
consuls In Turkey were recalled.
m STATEMENT SHOWS 1
INSIDE FACTS OF NOTORIOUS
DEAL UNDER GILLILAND TERM
That he deliberately swindled the county out of $5,000 above and
beyond his regular profit by the Umatilla bridge deal and had cor
rupted the county court in order to do so was admitted bv A. E. Eber-
hart to A. li. Cooley, prominent Umatilla county farmer and staunch
republican. The admission was made on th evening nf tho Tw tbn
job was put through in June, 1910, and while Elerhart was elated
oyer his success. As will be seen by Mr. Cooley's sworn statement
given Wow Eberhart had told him on the previous day of his inten
tion to put through the deal if possible.
jlr. Cooley lived here for many years and is a reliable and well
known farmer in whose veracity general confidence is placed". IIo
is now located in Harnev countv.
In the following affidavit Mr. Cooley tells of the confession made
to him by Eberhart.
State of Oregon, County of -Umatilla ss.
1, A. li. Cooley, after being first duly sworn sav that I am of the
age of 50 years; that I have lived in Umatilla county, Oregon several
years last past; that 1 am personally acquainted with A. L. Eberhart
has created a market for Its products; d " "Declamation Contests and
LOSSES OT ALLIES ALONE
ARE SAID TO BE 50,000
GERMANS RETORTED TO HAVE
SI STAINED EVEN MORE
IN EIGHTING.
PARIS, Oct. 30 Even military au
thorities have been staggered by the
lows In the past fortnight In the
fighting, on the Franco-Belgian fron
tier. In killed, wounded and captured.
It was said to be certain that the al
lies have lost at least 50,000. The
German casualties were said 'to have
been three or four times greuter than
the allies. Every village between
NIouport and Dixmude, It was stated,
hud been completely obliterated.
Eugene Wins Oaso.
EUGENE, Ore-, Oct. 30. The Jury
In the case of E. J. Perry against the
city of Eugene, in which the plalntlfi
sought 1 15,000 damages from the city
on account of alleged Injuries to one
of his' ankles when, he gripped up on
n loose board In a sidewalk on Fourth
avenue, went, on May 16 of this year,
returned a verdict In favor of the city
a short time after retiring Into the
Jury room.
but lucks the capital to manufacture
on a scale sufficient to meet the de-mnn-Is.
This was the explanation
made by Messrs. Klk anJ Laher. Am
ong the patented articles It manufac
tures are a rotary pump of extreme
simplicity and efficiency, an Iceless
refrigerator, an adjustable wrench,
the Moffett equalizer, a patent clevis
a brake block that cannot slip or get
out of position, a neck yoke holder,
a current motor, a removable sylln
der tooth, a disc weeder and cultiva
tor, a ratchet wrench, a hunting and
skinning knife, an extension slnRle
tree, a seed cabinet an amomauc
grain measure for grain nnd a pat
ent pulley.
The concensus of optnlon of the
members of the committee was that
the company had patented nrtlclesof
merit nnd that the proposition was a
fair one. However, JSO.OOrt Is a bis
sum of money to raise In a city the
size or Pendleton, they explained, and
It Is doubtful whether that much
could be secured. The committew
will hold further meetings and mean
while Messrs. Klk and Laber will
probably sound out the sentiment
among the capitalists of the city.
Debates."
At the close of the section work, the
teachers gathered In the auditorium
to hear an address by John G. Kil
pack, district visitor of the Boys and
Girl" Aid Society of Portland.
Kill Wife; Then Suicide.
MINNEAPOLIS. Oct. "30. Making
his own coffin and writing nine fare
well notes to relatives Joseph Zo
back, 71, murdered his wife. 71. at
Hopkins, a suburb, then suicided.
THIS CASE REVEALS THE
HEART OF DR. C. J. SMITH
PETROGRAD. Oct. 30- Russia Is
delaying a declaration of war against I
Turkey on the theory that the sultan
may repudiate the acts of his naval
commander in attacking the csar's
ports and shipping.
The Turkish ambassador remained!
at his post here awaiting instructions.
He . expressed his unchanged opinion I
that hia country would remain, neu-. uho formerly represented the Atlas Bridge Co. ; that in the latter part
,rBI- of June, 1!10, the exact date I. do not remember, I had a conrersa-
petrograd Oct a. m:aii tion with the said A. E. Eberhart in Pendleton, Oregon, in which
officialdom was not alu.-mod today conversation he told me substantially, among other things, that ho
but rther rejoiced at the news that had a big deal on ; that he was going to take the county court of Uma
Tuikey has become a pirticipmt m tjna 00untv Oregon, to the town of Umatilla on the next day for the
"developments, it w, declared. ' VWe of trying to get a certain contract which he had with the
at last afforded an opportunity for said county court, relative to the building of a bridge over the Lma
a settlement of the Turkish question, tilla river at the town of Umatilla, changed, that if he succeeded in
steps were rapidly bemar taken to potting a change made it would mean a good piece of money to him ;
meet the Ration. Ord,rs have , Oeen on evenj f)f thc noxt jay j fflW thp EThart in Pen
Riven the Russian Black eel fleet to . n ., , - . , , - . .,, . .
destroy Turkish war vessel engaged dleton again and lie told me that hs had returned from Imatilla with
In operations against Crimean nn I members of the countv court and that he had succeeded in frettius
Caucasian ports. Troops nre being t),c original contract relative to the building of the bridge at Umatilla
hell in readiness for a land campaign. vn!:0i as lc 1;Vi planned it and that the chanp in the contract
s mornJ '"V 2-K." hT I"'1 lU if
there was no question but that the original contract had not Ix-cn changed, but he further stated that
sultan had begun hostilities . since he had to "cut it in two' with the countv court that he would
communication with Consunino- onv j,,., $2700 bv the change in the contract. Mr. Elvrhart was
tntiv Z; vcrV highly pleaded with his days work. A. R COOLKV
the Russian embassy there. I Subscribed and sworn to bctore me on this the lath d.iv of Julv,
In a round about way the came . P., 1914. FUAXK J. DORSKV.
from the Pritlsh embassy a rrclcto.i
that Turkey's participation in the
war would Involve all the Balkan
SoImmi) tV' Servo Hot Lunches.
HOOD RIVER. Ore., Oct. 30. For
20 students who ride In from the sur
rounding orchard districts to school
a plan Is on foot to serve hot lunch
es at the high school building. As
many more of the students in tho
city have decided to take their lunch
es nt the school. The service will be
provided nt cost.
.1"
lltcia
UMATILLA CITIZENS DENOUNCE
GILLILAND FOR SWINDLE BRIDGE
rmiitlUa, Ore., Oct. 30. 1914.
To the taxpayers and voters of Uma
tilla county:
We the undersigned, citizens and
voters of I'matilla and vicinity, de
sire to express our disapproval of 0
statement made by a few residents of
I'matilla. by which It was made to
appenr that the people of the West
end of Ihe county approve the notion
of the old county court, with T. P.
Cillilurd as Judge, whereby the con-
truct'for the I'matilla bridge as or
iginally planned was cancelled and a
much cheaper nnd In every way In
ferior brldKc was erected in its place.
The old county court came to I'ma
tilla nnd upon representations made
to citizens that the change would
give us a girder bridge equally as
good as the one planned and one that
would be above liUh water mark at
all times, we agreed to the change.
(Continued on page two
An Incident showing the bl
beartedness of Dr. C. J. Smith
democratic nominee for gover
nor, has Just come to light. The
facts are related by Mrs. Uetta
Womhnugh, well known local
nurse.
"Many times." says Mrs
Wombaugh. "I have known Dr.
Smith to take cases where much
trouble and work were Involved
and he had no possible chance
of securing pay In ftny manner.
I have called Dr Smith myself
In such cases and he would ac.
cheerfully when I could not g?t
other physicians who were less
busy than he to respond. Thre?
years ago there was a family
living Just outside the city thu
had five children down with ty
phoid. They were poor nnd nl'
they had to go upon was
that had been given them o- :
local charity organization. Tiie
money was not sufflolent to bjv
food, not to mention orTier ne
cessary supplies. .At lir.
Smith's request Mr.. Tallnnn
provided the drucs without ,,fst.
For four or five weeks we cue.l
for that family. Dr. Smith t
Ing them once eacn day nn l
sometimes several times s l'
There was no chance either of
us would ever be paid. At the
close of the case Dr. Smith ex
pressed regret that I had b.en ,
obliged to work so long without
pay and wanted to give me his
personal check In payment for
my services to that famllv nnd
would have paid me had I not
refused It. No man who does
that way should he accusal of
belnir hard hearted, even for po
litleal reasons."
states.
Bulgaria and Roumanla. It was be
lieved, would strike at Turkey nt
once.
The Appearance of special edition
of the newspapers announcing that
Turkish fichting ships had attacked
Russian ports and vessels, wnt fol
lowed here bv a patriotic demonstra-J
tlon which eclipsed anything since the
war began. I
According to the war office, the
Germans Induced the sultan t en
gage In the war as a means of reliev
ing the pressure upon their own end
the Austrlans lines in Gallcla, Po
land and east Prussia.
WASHINGTON. Oct. 30 That
Odessa was bombarded last night and
much American property destroyed
was the Information contained In a
cable received by the state depart
ment from the United States embassy
at Petrograd.
The embassy's information was bas
ed on a report from the American
consul nt Odessa. The amount of
I property damage was not stated.
It was assumed by the state depart
ment that Turkish warships bay
bombarded Odessa.
HKKI.IX Oct. 30. An official de
nial of the Lisbon report that Gorman
troops had invaded Portuguese Afri
can possessions was Issued hero this
afternoon.
"This report," It was stated. "Is a
e. forged In order to Justitv Portu
gal's participation In the war as an
aid to the itrltish In coping with the
South Afrlcnn rebellion.
"it Is certain that the revolt led
l.y Generals Meyers and De
(Vet is assuming formidable proportions."
Xotarv Public for ()rei?n
A further feature of ihe ca.e U the fact Mr. (mlev is not the onlv
man to whom F.!erliart talked regarding his I'matilla transaction.
He made a statement along the same line to another man.
WHEAT TAKES JUMP WHEN
TURKEY ENTERS THE WAR
CHICAGO. Oct. 30. Wheat Jumped
from one and a half to two anJ a
half cents per bushel on the Boas J
of Trade today as a result of reports
that Turkey had Joined In tha Eu
ropean war.
PORTLAND. Ore.. Oct. 30. Tur
kish activities In the European war
caused a rise In the wheat market to
day. Club advanced two cents to
$1.09. Bluestem was up half a cent,
selling nt 11.11 1-2.
NEWS. SUMMARY
ALLIES nill
TO
till
Ml
I.ost part of linger.
RIDGEFIKLD, Wash.. Oct. 3".
Riley E. Kaufman, employed at the
Uratlte-McClell ind shinsle mill here,
as a knee bolter, had the third finger
on his right hand cut off at the first
Joint by the knee bolter saw.
Local.
Xote By request the Kst Orcffon
lan r'publislieJ today, on icc threo,
tho story showing tlie substitution of
plans on tho six bridges built for Oh
county by A. E. Eberhart in 1909.
' A. E. Elwrhart confessed to A. R.
C(loy he swindled -ounty on the
I niatillil bridge deal and divided
IkxhIIo with old county court
;rnnd jury that tried to "white
Ansh" tillHUuul bridge record did not
;ct tcost lnivortant evidence.
People of Umatilla bitterly de
nounced the graft bridge foisted up
on them bv old county court.
Empire Mfg. Co., wants to establish
factory here.
Ashe of Mayor Matlock laid to
PARIS, Oct. 30 Substantial gUni
by the allies against the C..rmi.na
were claimed this afternoon by the
Bordeaux war office.
The Belgians naving cut the dyke
along the lower Yser. flooding tho
country which the Germ.ms o cupled.
the French and British. It wa wild,
opened a terrific artillery iir on thn
Teutons, who wallowing In the v.ater
were powerless to make an eff'i.'tlvo
defense. They were force.; to retreat
weU to the north.
The allies were declare-! to be ad
vancing In the vicinity of Vhm nml
the heavy counter attack which the
Germans launched against h Hrlt
Ish in the neighborhood of LetMsse
was said to have been repiie ft.-r
a desperate hand to hand ?Uht.
The British were reports 1 as reos
cupylng the ground from which the
previously had been force i. tirn
and the French were sil.l t ni-
vanolotf at all other point ntoi,'
battle line.
the
Rond Ifciy Iihor Ihst.
MILWAUKEE, Oct. 30 "For th
average rood Job. It U ch.-aper to do
the work under the ly labor svti-m
than under the cuntnu-t tetn," n.iM
A. R. Hirst, thief en(tlne.-r of the
Wisconsin highway commlx-lon In irl-
rest. i dressing the North w-aN-rii rn,i, -on-
Soeond day or institute very sue. ( Kr,..SM on th. subj... t of "Day Labor
cessfiil. m t!. Contract .M-.xtrn of I;..... I
lliM white child bom In county Is Building."
hen. "Better results w-r olit;ilne, w'1 i
Mm. Woiiilvauh tells of Incident much I cms friction n I t h:n, of
howlii gciicrcutt heart ot Dr. SnUlli.l liilKation," he shIJ.