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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Jan. 23, 1922)
t THE OPsXY SMALL DAILY IN AMERICA CARRYING REGULAR WIRE REPORTS FROM HIE ASSOCIATED PRESS, UNITED PRESS AND JIIE L I DAILY EDITION DAILY EDITION The set preca ro of Sarurday'i dally 3.436 This ppr ! m did of and u41t4 7 th Audit Surwu of CirculaUooj. The But Orrnal U EJrtf-m Or. ton pwuat anppr and a U- ' la torom glrre to th advertiser twice the guaranteed paid clrcuIaUoe -ta Peadleton and Umatilla count of any other newspaper, . . , COCXTY OmCIAL PAPES COUNTY OITICIAL PAPZ3 VOL. 33 DAILY EAST 0REGON1AN, PENDLETON, OREGON, MONDAY EVENDfG, JANUARY 9Z, 1&22. NO. 10039 I if ii ii wasssMc: GRAND m BENEDICT 1AID TO REST AT If CLOCK TODAY owing to Pope's Request That ' He Not be Embalmed Many Old ' Ceremonies Omitted. . . i . - . COLLEGE OF CARDINALS MEETS ; FEBRUARY SECOND Broken' in Cardinals' Pres ence as . Token of End. ' Home, ' Jan. . 43. (U. P.) Burial services for Pope Benedict 15th, to ex. tend over the entire Week, were begun with a solemn ceremony this after noon. The, body of the supreme pon tiff, In the first of the threo coffins which will be finally interred,' will rest tonight in the ault of 8t. Peters. -' 'Poofs of the cathedral were closcd on the praying throngs late this aft. ornoon to allow the actual services to begin. The pope's, will designated hit nephew, the Marquis Gulseppo Delia Ch.leea as solo heir to, his personal property. ' Cardinal Gasporri Is act. lng as temporary custodian of , papal authority pending the , election ot a ifew pope. .- .-,' VXROah'.,, ti.MV- P.) thou sands today paid homage to Pope Benedict- the 16th, , who died Sunday irlef&thf at six o'clock (Rome time.) He will be buried at five o'clock this afternoon. Owing to the pope's last wishes that he too not embalmed, the age old ceremonies, such s lying In state for several hours, was dispensed With.' The body was placed for a short time In the sacramental chapel of St Peters where thousands of wor shippers kissed the pontiff's foot and offered prayers for the dead. Cere monies attendant to the lyln&in state are. Impressive. ' CardlnalB and prel , ales paraded. In a long procession, the Slstlne rholr and guards accompany ing, the body on the last march from ths papal chambers to St. -Peters.-' , College of Cardinals Meet. . The college of, cardinals rhct today and will continue in session until the conclave for the election of the pope's successor meets, February 2. The fisherman's ring, and- seals ; were broken in the cardinal's presence as a token of the end of Benedict's reign. Tho Italian government for the first time in the .history of the federated Italian, government,, proclaimed with flags at half Biast. Nine days of .of ftoial. mounting starts today.', in , the . college ot cardinals.. . : . ", CaMtaab Arrive Dolly... , The- ceremonies were considerably shortened by decomposition; of the pope's ;body.- Burial- this afternoon will he itf the nature of temporary In. termftent until the tomb in the church . . . t . . r li. .' 1 . enoBen xy ueneaici ior nis umi re . , in plaice can be made ready. 7 Owing to recent vacancies by death In' the college iof cardinals,.' which Benedict planned to fill at the March consistory,, the aacred college is com ' posed-of -only-;! members, 31- Ital- 'ians,. two Americans, and one cardl nali-; The latter -three- are not expected ; to. reach Rome in time fir the. open lair of the conclave when the cardinals Will -be walled ;up.Tho wall may be 'torir down later to admit themhow , ever.-If ihey 'arrive before the -eloc ution' is determined..- Other will arrive aauy, ,t , I'., i :,r Reported by. Major Leo Moorhouse. local weather observer. ; Maximum, to. Minimum 4 decrees above zero. . 'Barometer, 31. TODAY'S FORECAST Tonight and Tuesday ; fair; 1 not so eold. . . ; THE WEATHER Is- r- ;j-v. " '. v - JURORS BEGIN INVESTIGA OF CHARGES : COREY ASKS WHY SEATTLE WHEAI PRICES ARE HIGHER THAN PRICES QUOTED BY PORTLAND EXPORTERS fl Public Service Official Cites Freigh Rates to Show Farmer Imposed Upon That Portland wheat prices are not what they should be when compara tive freight rates to Liverpool from Chicago and Portland are considered Is contended by H. H. Corey, Eastern Oregon member of the state public service commission. Mr. Corey reiter ates his views in a letter to the Port land Oregonlan and aska among other thing why Seattle wheat quotations are invariably higher than the Port land quotations. , Mr. Corey has supplied the East Oregonian with a copy of his letter to .the Portland paper and it is. here pub liahed as a matter ot news: - : January 20th, 1922. Morning Oregonian, Ptrrtland, Oregon. V ; ' : To the Editor: In answer to your editorial of. the 18th instant, "Where is the lost seven teen cents," may I state that the state. ESTED HERE. I ' ' : IS PORTLAND BANDIT That . Hubert M. Berr-, alias H. C. Charlton has a, ' number of ,law vio lations to his credit and has been in an asylum tor the insane and has been sentenced to the state peniten tiary but was paroled by the court Is information that has been secured by one of tho O.-W: R: & N. pcclal agents who recently effected the ar rest of Berry and his partner Itav Boyce; ... i The two' men have confessed to having: robbed two houses here ac cording to the officers, and they are also wanted at Baker. They will be prosecuted here. The following story is from the Portland Telegram: Hubert M. Berry, well-known to the younger set in society and 'also to the police, w'ho know him as the "beer bottle bandit," la in jail in Pendleton under - the name of H. C. Charlton, charged with two burglar ies in PcudleW and two in .Baker, according to word received by local police. , ' Berry gained considerable noto riety when he struck H. H. Vines, an aged pawnbroker, over the head with a beer bottle. Later he feigned in sanity and was sent to the asylum. The proximity to the real "nuts" was more than he could stand, and he admitted that he was sane, i He was returned - to the Multno mah county jail and was paroled by Circuit Judge Gatens on the promise that he would oe a "good boy" and go to sea. . .-, Pendleton is a long way from uic sea. in Frank L. Ingram made high scpre in the A. T. A. registered club shoot Saturday afternoon with; forty nirte broken targets out of a possible fifty. Sol Bau.ni. made-a perfect; score ,in the - Spokesman-Review telegraphic tournament. Bol Baum broke 25, In gram 24, D. C. Bowman 24. Total 73. , .This, is the. .total of the threo ;hlgh men in the telegraphic shoot. Follow, ing is the soores of, the' individual shooters. ' The first 25 count 'In thi Sfloesman-Itcview . telegraphic shor ," the total SO counting in the A. ,T. A. registered .tournament, B. B. 25 23 24 .23 23 22 24 23 23 21 20 o 17 17 S. A. .60 SO " 50 50 60 50 60 50 50 50 60 5 50 ' 50 T. 49 48 47 47 43 45 45 Frank L. Ingram Sol Baum John McNurlin ". D. C. Bowman . . James H. Estcs , George C. Baer .24 .2-5 ' .23 .24 .23 .28 .21 .20 Kee Matlock . . . C. O. Matlock . . . John A. .Peterson H.'-M. Hanavan . 20 43 .20 .20 .18 .18 .1$ Earl Coutts . . F.'W. Lampkin F. E. Welch . Guy B. Wyrick 40 FAVOR RANGER'S CO0K LANSING, Mich., Jan. 23. (f P.) Michigan Anti-Saloon workers are in favor of the code of the Texan ranger with liquor law violators. In ither words, use a gun on them. Thlsithem In deep water where they can statement was contained in a letter:not be recovered. The Insurance issued from state headquarters nf the money Is then divided. If the ntor ' dry workers here. In which It Ir point- jtold the police Is true,, a number of ed out that law enforcement officers', Tacoma, Seattle and Spokane autom" , In dealing with rum runners were countering the most dangerous type ai criminal, ' ' , . merits contained therein do not differ materially from those contained in my letter to the Taker Herald, notwith standing you accuse me of purposely misquoting facts. I do not find where in your editorial shows one instance in which I have done so.. Based upon the rates and quotations contained In your editorial,' do we not find the following result?. . ' . I believe we agree that the price the farmer should receive tot his grain 13 the Liverpool price less tho freight. Based upon grades ot grain usually commanding the sume market quota tions, we find Liverpool price 1.31 per bushel less boat rate. 1? cents, and, Including Insurance and commis sion, l.S cents, total 18.2. Portland to Liverpool, as stated in your editorial, should fix the ,18th Instant, of $1.08 at Portland, or 81.12 at Chicago, and 81.10 at Seattle. , Portland price. $1.1314. less freight rate per bushel, Pendleton to Port land. IV'1 cents, should fix the price for the farmer at Pendleton, $1.02, - I find, however, Portland's offer on No. 1 White Club wheat, on the 18th in stant,' at Pendleton, to be 93 cents. ftMntlnitM . on pae . . PEI E Cupper, State Engineer, Gives V Permits for Six Projects T'iri'-'lJmatffla' Dwrinff, .102 1 . During 1921, 452 permits to appro priate water were Issued by Percy A. (Sooper, state engineer,. undir. which it is proposed to Irrigate 25,294 acres of land, develop 7740 horsepower, ana furnish the cities of Lakeylew, War- renton, Crawford Point, Myrtle Creek, Myrtle Point, and Elk City, with mu niclpal water supply. The permits also Include the appropriation of water for domestic, slock, mining, flumlng lum ber, log ponds, etc., and the storage of 11.344 acre feet of water in 28 differ ent, roservo'rs. During the pax year nearly $3, 000,000.00 were expended by Oregon irrigation districts In construction work, and work Is now under way on iConttniied en p . . . MAN CRAWLING THROUGH . ICE TO REACH SHORE IS FROZEN; WIFE PERISHED POnT WIN'O, Wis., Jan. 23. (A.l p.) Carried out Into Lake Superior by a gale Saturday, Alfred Peterson, fisherman of Knllfe Itlver, Minn., reached here after his wife perished In an open rowboat. His legs and arms were frown. Peterson leaving his wife's body In the ice-locked boat, crawled from one ice cake to another unltl he. reached the shore. , ' , I . .AUTO KIIOW OPBXH I POKTLAXD, Jan. 23. (A. P.) The . thirteenth annual automobile show opened here today. It will Inst through tho entire week, LIMIT THEN HIRE . STOLEN ISI Machines. Are Left at Specified ' ' "Placesf Are Stripped and Then Sunk in Deep Water. . TACOMA, Jan. 23. (C. P.) The; arrest of several Tacoma and Seattle j business men on charges of conspiring j to have their own automobiles stolen j 'I was predicted today by the pol.ee as, 41 tho rpntK of the capture ot wrea men i0 'accused of doing the stealing. Tho three are Jack Storr, R. C. Brady ana , llollie Hubbard.. They are being held 351 2j iincommunlcado. - The police have jbeen informed that the business men I insured their cars to the limit ana Ithen made arrangements with Ihe gang to steal them. The automobiles are left at sped- coulee City ... 88 Orovljle ...... fied places and members ut the gang Lewlston-P'm'ry 74 Clieney ......'. remove them strio thwn and sinkl. , Hmmui liuir - - en - 1 biles will be found In Lake Kecch.jluc of -'on the Hnotitnlmia Paso highn-ny; favorite bui-jlng spot tor stolen tar MADE r -. PRESIDENT PAYS TRIBUTE TO THE In Speech at Opening of Na tional Agricultural Confer ence Harding Tells of Needs FARMERS SHOULD BE GIVEN GOVERNMENT INFORMATION Should Also Take Measures to Prevent Price Fluctuations From Haphazard Production WASHINGTON', Jun. 23. (U. P.) Ill un address at the opening of tho national agricultural conference. Pres ident Harding paid tributo to the farmor's vocation as most useful and ought to be made one of the most at tractive of all lines of ' endeavor. "There must 'be a new conception ot the fitrmer's place In social and eco nomic schemes," the president declar ed. "We must cease to class the farm er as a man who furms because he has failed In other lines of endeavor. Tho I executive talents Of the skilled or- j gunliser, versatile artisan, executive,! and business man must be his." In his address, the president mude seven specific recommendations to 325 leaders of agricultural and rcluted '.he lines hera for'thf onfori-nce.-.The'l were:, the extenslon'of the farmers' cooperative marketing v organizations. Harding endorsed, indldectly.. Legis lation is now pending in oongress to exempt these organizations from the workings of the anti-trust laws, long held to' be one of the principal bur dens ot their growth; provisions must be made for greater "working capital" for the farmers; the government must place more essential and scienti fic information at the disposal of farmers and their marketing organi zations; to aid both farmer and con sumer, they must take measures to prevent violent price-, fluctuations which result "from unorganised and hnphaxard production," wise und far soclng transportation policies must be evolved for tho farmers' benefit; push the fullest development of national resources through Increased reclama tion of arid, cut Over and swamp lands;' the nation must obtain a new conception of the farmers' place In our social and econom'.c scheme and must realize that the farmer of toduy is a combination of expert scientist, business man and worker. WASHINGTON, Jan. 23. (A. P.) The president, who walked four blocks from the white house to the meeting at the hotel, ' rccplved an Ovation .when ho appeared. The delegates frequently applauded his statements, especially the declaration for more adequate credit facilities, ind ' tho ; assertion that agriculture ''is truly a national Interest and is riot entitled to be regarded as a pri marily . concern of' either a ciuss or a section or a bloc." WASHINGTON. Jan. 23. ft". P.) -i-Hecretary Walluce, In a speech, Suggested the conference discuss leg islative action, education, individual dnd organization action by farmers as a means of averting an agricul tural crisis. I '. .' ' MAY A KIT-XT I WASHINGTON Ilousc leaders are afraid that tf . the ifenute attempts to dispose of the trea ty ratification at this session, congres Will not be. able to, affect an adjourn ment when the house desires,' SPOKANf Wttsh., Jan. 23 (A. P.) tvii..in. in thu pmiiiH nf the 8nokeMmin.Rvlfw. telegraphic shoot ! yentcrday. First Half , . . 74 Palouge-Colfax, . . . 68 Odessa ....... ; Bpokluie j yakimil vVallace-Kellogg 78 Coeur d'Alene. john Gor'fl'd 75 Wenatvhee ... , valtsburg (forTd) Sprague ...... I Walla Walla .. 70 Pendleton - iguokane ....... 74 Lewlst'n-P'm'ry Yakima 8 Wenalchee ... j Wallace-K'll'gg - 78 Palouse-Colfax ; gt. John-Carfld 75 Sprague ...... Odessa ....... . t$ Coeur 'dAlene., , Wa'.tijbuig (forfeit) Pendleton , , .-. a 1 Walla. WaHn , coulee City.. i if orovitie ...... 89 Cheney AGAJ&ST OFFIClB - i? is " :;,:... JUDGED INSTRUCTIONS TO GRAND JURY ' Following are the formal Instructions which were read by Judge 'G. ' W. Phelps, following the reading ot the law on the duties ot the grand jUO't "The court cannot lay 'down any hard and fast rules for your guidance in your examination and lnwstigntlon Into the condition, conduct or manage ment of any ot the offices pertaining to tho courts ot justice In the county. "You are responsible men, citlsons and taxpayers of tho county, and you must use your own good sense and judgment and determine how far the pub. lie good requires you to go in any given case. You have full power to cause witnesses to be subpoenaed, and while in this connection you should always keep In mind the expense Involved, you should not permit the Item of expense for witnesses to deter you from making such thorough investigation as is nec--etury to reach an intelligent conclusion. It Is not important who brings to your attention facts which indicate that seine of the laws of the state have bven or are being violated, or that some officer is1 kuilty of official mlscbitr duct. But it IS important that you satisfy yourselves ar to the truth or fal sity of the chargo and then find accordingly.. 'i v ' "Your action, whatever it be, must be bused solely upon the. question of guilt or innocence of the parly under investigation as disclosed by the evidence before you. , .- - t , .... : ..... . ' "Political consideration can, ot course, have no place in your, deliberations, nder the law and your oath, you will find against no person through envy, hatred or malice, nor full to find against any guilty person through' feUr,' fa vor, affection r hope of reward, ' ' . V :- ,. .'. , . "in conclusion, and speaking generally concerning indictments, let me ad monish you that there can be no compromise with crime; that It matters hot what the offense may be nor who the offender, so long as you, have. evidence, which, In the words of the statute, "la such as in your judgment would If un explained or uncontradicted, warrant a conviction by a trial jury," then plain ly It is your duty to Indict, otherwise, not to Indict:" , . .',. MRS. V.F. MATLOCK 11:40 A. II Mrs. Ann Matlock, aged 74, widow of the lata llllaru F. Matlock and one of the pronr.nent pioneer .women of Pendleton and Umatilla county, died at 11:40 a. m. today at her home ori Oarilnn street, after t week's 111 ness caused b; pleural pneumonia. Mrs.' Matlock - yrn in Illinois. November 22, "1848. ' crossing, the plains In '53 with her parents, who settled ncar ' Goshen, south ot Eu gene. Her 'marriage to Mr, Matlock took place March 7, 1867, and It was In that year that the couple' came to Umatilla county, Mr. Matlock go lng into the stock buuness on- the old Purdy place near Athena. ltiwkle in Pendleton. .' ; I.uter Mr. and Mrs. Matlock jived In the Btroh creek region, where Mr. Matlock was in the sticep business. In the eurly 80's they came td Pen dleton to reside. Mr. Matlock - wiw prominent in business circles here and built the Pendleton hotel. After her husband's death August 31,, 1914, Mrs. Matlock became president of tho Pendleton Hotel Co. and thq Pen dleton Building Association, Slio Is survived by one daughter, Mrs. Fred Laatz, ot this city. Her son, the late Wesley N. Matlock, died June 19, 1919. Others who survive are two sisters, Mrs. C. 8. Wheeler of Pendleton, Mrs'. Alice Kloth of Santa . Cruz, California, and four brothers, George-Hwuggart, of Pen dleton, J. M. Kwaggart, of Baker, II. F. Hwaggart of Lexington and A. I.. Hwaggart ot Athena. Hhe Is survived also by four grandchildren. Mrs. Em mett Estcs, Mrs. J. p. Plamondon, j Sirs. Wudo Prlvett and Wesicy Minis, i Hud 31 any l'TtetuR i Mrs, Matlock was a life-long mem ber of the Episcopal church, a mom ber of the Eastern Mtar and Was pres. ident of the Pioneer I.aillos' Club of Pendleton. She was bclcved by both old and. young . und hud scoAis of (Continued on page t.) IN , ." , , . '. ' ' DIED Withdrawal of Japanese Troons'" lllnielf' but pobody would gie ' From ? Siberia : Will be Im- .. portant Subject of Meeting. WASHINGTON, Jan. 23. (U, P.) I Siberia and Shantung will be bin urob- i j lems in the Far 'Eastern, conference I. .this week, with prospects that both i will find a solution In a short tlms. withdrawal tit Japanese troops from Siberia will be an Important sub ject of discussion with Japan, with It 72 -.unlikely the other nations will insist 73 ; upon Japanese withdrawal, if it would '72 ;be Injurious to' Japan, but will seek 68 a definite assurance of the ultimate 72 withdrawal. , J 1 ; jhero from. Idaho and eastern Wash-; 773 j Japan's relinquishment of tlie.ington as well - as from Oregon. 70 .Shantung railway to- China, thus In- .Speakers on the program will In 71 ; validating many of (the famous 21 de- elude men prominent In tho honey - imands. will bo the chief problem on raising and marketing business. , ' 74 th Shnntung question. i "Let "er Sting" l the motto of the 8 1. JaNi Ready to Withdraw. . , Convention, 'which promises to be 73 ' WASHINGTON. Jan. 23. (V. p.):ono of the best In the history of the 72 Japun stands ready to withdraw bar j association. .The program is being 73 troops from Siberia, the Japanese (arranged by H A. Scullen, state sec- 73 dclogaU'S informed the ' fur , eastern 7 conference today. They .set no evao "I'.uutloit .date, however. TION MINISTERS TO AWAIT PROBE BYGRANO JURY The attitude of the ministers of Pendleton on law enforcement, es pecially on the question of .prohibi tion, was set forth yesterday morn ing by ltev. W. A. UresRihan,- pastor I ot the Christian church, in, hi. ser mon which dealt in , part with the subject of law and order, ' ' ' ;, ' y. ,' W bave been approached .many times, i ; lie said in. speaking ' of thu poelt.lon of the pastors, ; "People Jlv ing in Pendleton ,lm,ve , approacTied. me, and one dny this week I 'was asked by a woman who-does not, live here why the ministers have tiikcn no public action In regard, to charges that have been made; j , -,' "There Is no question as (o our stand. We stand unreservedly' for law enforcement, and particularly is this true In respect to the question of prohibition. Hut this, also is true: We have no facts In hand that would justify us In taking any steps in the present situation. Itather, we ' are inclined to await the action of the grand Jury. The pastors of churches In Spokane during the past two years have repeatedly taken premature ac tion and. then been compelled to buck down and apologize." '. MARKETS ARE FIRM. f, PORTLAND, Jun. 28.- (A. P.) Cattle are firm, cows are 25s cents higher; hogs ure firm, 60 cents higher, prime light $9.25 to $9.50; sheep are firm, 25 to 50 rents high er;' east of the mountain lambs $9.25 to $10; best valley' lambs $8.25. to $9.25; -eggs and butter ure firm. E CHICA Parlck M0, Jan, 23. (L' P.)-- Patrlck Tlerney, half frozun from walking, the streets all night, stag gered into the police . headquarters, und asked for lodging. He was ar rested .and - charged with, murdering 'had only 80 cents and no job. I ; could not see them starve. I bought la hatchet with the money und killed ftnem, explained, Tlerney wncn oon ; fronted with the churge that he had j murdered his family In cold blood. '..Tiorney said he attempted to beg jquurter with which ta buy poison tp him the money, , " ' - ';: STATE CONVENTION 0F BEEKEEPERS TO BE HELD FRIDAY AND SATURDAY Steps toward perfecting a honey marketing association will be taken at tlie annual state, convention of the Oregon Beekeepers' Association to be held here next Friday and Sat urday. . 'v ' ' . .',. -'-,v It Is expected that this' feature 6( ' the convention will bring beekeepers rotary. Local stores ure planning special displays of honey for' th two Idnys of the convention IS Ill asked m m 1MB Attorney Deputy General's Here, at Special i Re!! vt Attornsy, of the District MANY WITNESSES WILL' BE CALLED BEFORE JU3Y- Sheriff Houser One - of. First 1 - ' ' f ' i V; !. i f' . f j, ', Witnesses Called; No C::: Made on Length of Inquiry" To Investigate charge that publW officials in Umatilla county have fol-' lowed Illegal methods In of tie and to . consider any othcr matters which mdy ' be brought before them, the rcffulaf grand, jury, called Saturday, January' 21, in circuit court, this morning start.' ed its official probe. .. ' Not more than a dozen peraona Wer , present in the court room whea JUet Gilbert' W.. Phelps started givlns; his instructions to the seven men- who are to conduct the probe. Tha Instruc tions atid the points of law which the . court -read as well as his. Informal rc-: '- marks required- about oae hour to de liver, and It was 10 o'clock when th:.,- jurors retired to tha grand Jury room; The legal phasv Jlia lavasUjaUon 4 win do in cue hands ot L. A. UUoqvist, rtpeelul assistant to tha attorney gen oral of the state. He arrived in Pen- : tlloton- this morning just, before tho time for the convening ot the grand Jury and will remain Until the WorK of making Ihe investigation in completed. , ,111s home Is id Portland, He has -been a dldtrlot attorney and ha taken carw of several special matters for the at. . tornoy general. Mr, Ltljocjvist said this morning that he was Instructed ; to come here by Attorney General Van. , Wlhkje who In turn had been request , ed to conduct the investigation fey R. r .. I. Keator, district attorney of Umatil la county. , ' , , ' .- -v ; ' ,! ' .- ' -' :- '. .' .All County Mem " ,rt ' All the members ot the grand jury have their residences outside of Pen dleton, and they come from every point ot the compass. Following Is the list of names: , Dan J. Kirk, Uma- . pine; Wllllum tttcen, Milton; Kyle . Guerrant; Holdman; T. M. Johnson, Echo; Sen Slmonwn, Adunis; Lelloy Wachtcr, Pilot Rock, and . forgt Woodward, Athena. ' ' , - No one In. touch with the situation this morning would venture a jrue as to the time that Would be required tor the probe, , It 1s known that many . witnesses have , been subpoenaed to appear before the 'body, und under the , court's Instructions It la considered , likely that ho stone will be left iri turned to get to the bottom ot charge ' which have been made , p, . . 1 ,. ?. , v i i ' V Sheriff Is Called -' This morning when the grand jury retired after Judge Phelps) had corrt- plotrd giving his Instructions, several , momoera'oi tne grand jury wnicn was recently .discharged were in the torfl- . 'derf, ', They had, been subpoenaed 'to -appearbefore the new body. . . ' Bherlff Zoeth Houser was one of the I first Witnesses called by the court bnll. Iff, a P. Hutchinson, to appear befor thernnd jury; - Marry Kuok was afi- othtir prospective; witness, He had a liiniber. of papers'in; his hund.aa h celme into the offlco'of the shcrJ:f ti re going upstairs to the room occup ¬ ied by the Investigating Wly. ; . . i i live Must Concur . : In his remarks lo the grand Jurfif . as he read the laws covering the wflrk of such an Investigating toody. Judge Phelps called attention to the law. of evidence and informed the, Jurors that they were to permit witnesses to speak ' only of what they know- and have . seon and not fcboutr what they hava heard indirectly or have surmised. ' : Five of the seven grand jurors must concur in finding a true bill, aocord- -Ing to a point of law brought out by. the-court. ...-; '. .-' si .'. i Judge. Phelps called the attention Of ' the Jurors to the difference that exist In making reports to the court In tho ense of men who have 'been arraigned and bound over and. in reporting on ( other matters which may oe unknown to the public In tho former cai;e. it Is the law to report either a true bill or a not true bill, he said, but ordin arily, when the aetiona of a man or of Clcor who has not been formally .ar raigned are considered -by a , grand Jury, It Is the . law to return either a true bill, if the findings warrant It. or to make no report and to destroy the evidence offered If It doOH not warrant the return of a true bill. That it I sometimes permlssable and d todevia.te from thi rahv was in i:r; J by the court. - '-.- i 11 ii . ; . v.. '. . - .' - v