ForiUnd Library 15 E K Z, v WEEKLY GAZETTE Subscription price. $1.50 Leads In Prestige Leads In Circulation . Leads In News Is the Official and Recognized Represent ative Journal of the County. OFFICIAL PAPER WEEKLY GAZETTE Subscription Price, $1.50 The Paper Is Published Strictly In the Interests of Morrow County and Its Taxpayers. SEVENTEENTH YEAR HEPPNER, MORROW COUNTY, OREGON, THURSDAY, NOVEMBER 9, 1899, NO. 755 PROPESSIOITAL CAEBS, C E. Redfield ATTORNEY AT LAW. Office In First National Bank building. Hcppner, Oregon. Ellis & Phelps - . ATTORNEYS AT LAW. , All business attended to In a prompt and satisfactory manner. Notaries Pub lic and Collectors. Office in Natter'a Building. Heppner, Oregon. J. W. Morrow ATTORNEY AT LAW and U. S, COMMISSIONER. Oflicc in Palace hotel building, Heppner, Or. A. Mallory, U. S. COMMISSIONER NOTARY PUBLIC Is authorized to take all kinds of LAND PROOFS and LAND KILINU8. Collections made on reasonable terms. Ornne at residence on Chase street. GoYirument land script for sale. - D. E Gilman GENERAL COLLECTOR. Put your old books and notes in his hands and get your money out of them thera. Makes a specialty of hard collec tions. , Office in J, N. Brown's building, Heppner, Or Dr. M. B. Metzler ' DENTIST Teeth Extracted and Filled. Bridging a specialty Painless Extraction Heppner - - Oregon. G. B. Hatt Tonsorial Artist Shop, Matlock Corner, Heppner, Oregon. '. A, Abrahamsick Merchant Tailor Pioneer Tailor of Heppner. His work first-class and satisfactory. Give him a call May Street. Gordon's Feed and Sale Stable Han just been opened to the public and Mr. Gordon, the proprietor, kindly invites his friends to call and try his first-class accommodations, TPlxs.ty of Hay Grain, for Sala , Stable located on west side of Main street between Win. Scrlvner's and A. M. Ounu's blacksmith shops. For the ladies A fine horse and lady's saldle. LIHEKTY MARKET THE OLD SHOP! Is the place to go to get your fine pork and Iamb chops, steaks and roasts. Fish Every Friday. Fine sugar-cured hams and bacon. Pure leaf lard, kettle-rendered, old style. Highest cash price paid for at stock. Bock &, Mathews. (TON CITY Stage Line B. F. MILLER, Prop. Cheapest and most direct route to John Day alley, Canyon City mining district, Burns auu other Interior points. Stages leave Heppner Daily, Sunday ex cepted, at 6:30 a. m. Arrive at Canyon City in 24 hours. Leave Canyon City at 4 p m arrive at Hepp ner in 21 hours connecting with trains. Hcppner to MILES FA US 20 11.50 55 4.00 65 4 75 55 5.50 M 6. 00 )02 8. 00 104 8 00 Hardman Monument Hamilton Long Creek Fox Valley John Day Canyon City Stages connect with trains at Heppner. Not. Having stocked up this line with new covered coaches and good teams I am prepared give first-class service to the public. ARLINGTON-FOSSIL Stage Line H. REED I p.ODrietol., A. O. OQILVIE f "oprietore. FARE FROM ARLINGTON TO Fossil (60 miles)... 5 00 Round trip $9 00 MayTille(53mile). 4 00 Round trip 7 00 Condon (39 miles).. S0O ..Round trip 600 Clem (28 miles).... 2 00 Round trip 8 50 Olex (19 miles) 1 50 Round trip 3 50 Stage leaves Arlington (Sunday excepted) at 6 o' t Condon at 3 p- m. and an il at 7 p. m. Comfortable covered eo as ties snj ears Hi, experienced driven. Vegetable Preparationfor As similating theTood andRcg ula ting the Stomachs anlBowels of Promotes Digestton.Cheerful nessaivdRest.Contains neither Opium.Morpttine nor Mineral. Not Nabcotic. Reape afOldVrSAMUEWWCBW Pumpkin SetZ' Alx.Scnna Seed Jlppcmiwt -Jh Cartoru&Sela, Worm Seed -Clarified Sugar . HinHiynmfkmr. A perfect Remedy for Constipa tion, Sour Stomach.Diarrhoea, Worms .Convulsions Jeverish tiess and LOSS OF SLEEP. Toe Simile Signature "of NEW YORK. EXACT COPrOFUVRAPPEB. msT IJational Jank OF HEPPNER. O. A. RHEA President I . W. CONSER Cashiei T. A. RHEA Vio President E. L. FREELAND. . Assistaut Oasbiei Transact a General Banking Business. EXCHANGE ON ALL PARTS Of THE WORLD BODGHTAND SOLD Collections made on all points on reasonable terms. Surplus and undivided profits $5,000, .iBilliM A Leading Eastern Oregon Hotel Every Modern Convenience. Drummers' Resort. Stockmen's Headquarters. One of the finest equipped Bars and Clubrooms in the state in connection. ... First-Ciass Saixiivlo looinjs, For Business Heppner is one of the Leading Towns of the West. vv. THE ART OF BREWING. HOP GOIvD And now the entire world Knows this perfect product , As the Star Brewery beer j On draught at I all popular saloons STAR BREWERY CO. 203 Waahington St., Portland, Or. Good Goods.... Fair Prices.i AT T. R. HOWARD'S. "'-a wj rmornimrl Staple and Fancy Groceries lvrFine Teas and Coffees. i X. I. HOWARD, rtlW HSPf II RH m e mm For Infants and Children. The Kind You Have Always Bought Bears the Signature of The Kind You Have Always Bought. II THE CENTAUR COMPANV, NCWVORKCITV. J. W. MORROW, Proprietor. Strictly First-Class Was Perfected by the Production of.... Hotel Groceries, Provisions, Glassware, Tinware and Furnishing Goods. Ucppncrt MIM9 KECE1VEB SENTENCE. Judge Lowell Gives Five Yeais and a Flue or 11,000 Judge Lowell passed sentence npoD Edwin L. Mima this morning, at 9:15 o'olook, having previously denied tbe defense's motion fer a new trial. His judgment was thai Mr. Mima be con fined in the state penitentiary for a term of five years, and that be pay a fine of $1000. After denying tbe motion for a new trial, Ool. Raley, for tbe defendaut, stated tbat farther time would be waived, and seotenoe might be passed immediately. Judge Lowell asked Mr.. Mims if be bad anything to say to the court why sentenoe should not be passed. Mr. Mims replied firmly: "Nothing, Your Honor; exoepting the faot tbat I am not guilty." Counsel desired to any nothing further in behalf of the defendaut, and Judge Lowell then passed sentence. C. H. Carter, of counsel tor the de fense, was asked by tbeEutt Uregonian if tbe defense was prepared at this time to say whether appeal would be taken, and replied tbat tbey were not yet de termined. PASSING SENTENCE ON EDWIN L MIMS Judge Lowell's language in full, as he passed sen ten oe, was; "The jury which returned a verdict in this oase uocompaoied it with a reoommendation couched in substance in tbe following language," " We, tbe jury, reoommeud tbe defendant to the extreme mercy of the court." It has always seemed to me that such a reoom mendation very properly be made by a trial jury, if tbey conceived tbat they were warranted by tbe evidenoe in so doing; and in pnssiog sentence in tbe past I believe I have invariably respeot ed tbe request of a jury thus expressed. I shall do so in this oase. "oiDce tbe rendering of tbe verdiot some of the jurymen who eat upon the osse (noLtrfl however) have called upon me to advise what tbe language of their reoommendation was intended to im port, giviug me to understand tbat tbey desired that the lowest seotenoe under tbe statute should be imposed. "No judge oan be governed by the opinions or desires of individual junrs, however much may respect tbe men. Tbe law run ken the verdiot itseit tbe voice of thfl,wkola j.ary,.ni. upon that alone the judge cau aot. Were it other wise, in this case hs well as most others there would be tendered as many differ ent opinions iu the jury room before tbe verdiot was reiiched. "A judge is not bound to consider any reoommendutiou of a jury, and if be r oes be must oonstrne tbe language of tbe reoomeudation as it appears, deem ing it an expression in ordinary phruse of tbe sentiment of the entire twelve men nth whose endorsement it is pre sented. "In this onee, therefore, I shall follow tbe recommendiiticn, giviug it tbe reasonable oointruction that tbe jury did not intend to diotute to the court, or to trespass upon its province, but in tended to ask tbat there be imposed tbe lowest penalty which the oousoienoe and duty of tbe judge would, in his judgement, peimi'. "With the finding of the verdiot tbe responsibility of tbe jury censes, the law having imposed upon the judge the duty of passing sentence, and upon tbe governor the power of pardon, if tbere is warrant for the exercise of that bigb prerogative. "Therefore iu passing sentence in this oae at this time, I take into consider ation fully the reoommendation of mercy whiob tbe jory saw fit to attach to ihs verdiot, but neither my duty nor my judgement will permit the individual expressions of jurymen to weigh no. "Impising sentence is always a pain ful duty, but it is one which tbe law imposes upou a trial judge, and in whiob unhappily responsibility can neither be avoided, nor shared by others. "Honoring, then, the jury's recom mendation of extreme mercy, tbe judg ment of tbe oonrt is that you be im prisoned iu the state penitentiary for tbe period of five years, and tbat you pay a fine of una thousand dollars." DKNTINQ THE bEFBNHg'g MOTION In tbe motion for a new trial inter posed by defendaut in tbis oase seven grounds are presented, upon four of wbiob oouosel in their argument appar ently obiefiy rely, to wit: errors io law ooounng at trial; misconduct of special oouosel for state in commenting upon tbe evidenoe produced by tbe state; newly discovered evioenoe; and misoon Juol of the jury,. Tbe first two grounds referred to in volve points of law raised upon trial, wherein defendant's riguts were fully preserved by Moeptlous taken at the iime, and both present technical legal joestmus, debatable It is true under tbt authorities, but Uon whiob a trial oourt woold not be warranted in granting a new triel. The stti lnvits before the oourt elimi nate from consideration the question of newly dinoovered evidence. The man Lee, now brought forward as possessing information important to the defense, genua to btve been frequent caller a poo defendant after bis luosroera tioo; sod tbat faot, coupled 'with tbe otber fuot that def&ndant is bluuelf a lawyer and beuoe naturally presumed to be seeking evidence favorable to bimself and to koow tbat what Lee now says, if true, would be valuable evidenoe, makes tbat ground for a new trial wholly un tenable. The fourth ground, tbe alleged mis conduct of tbe jury io returning a com promise verdict, presents a somewhat oommin and probably unavoidable in congrnity io tbe jury system. A strlot construction of the law will not coun tenance a compromise in the jury room, and yet every lawyer, aud every man who has ever sat opon b jury, kuows that tbe great majority of verd.ots are in some degree a compromise, indeed the very spirit of the jury trial is tbat io the verdiot shall blend and merge the varing opinions of twelve men. They are expeoted to discuss tbe evidenoe and reach, under the law, a oommon senti ment which is voioed to the world by their verdiot. Compromise must exist as long as tbe human will is stubborn and a jury composed of more than one man. Tbe oourt9 recognizj tbis, have come to a praotioally uniform aooeptauoe of the salutory and wise rule In motions for a new trial, that "Suoh is never to be grunted it the court oon ceives that tbe substantial legal juitioe of tbe case has been reaohe 1, notwith etaadiug tbat irregularities may have oooured." Iu tbe ouss at bar I am unable to see where tbere has been any miscarriage otjustioa; iu dead there has been n.o oordel this defendant a full, fair and impartial trial in every 8chj of thosi terms. Tbe o we hts been tried with marked ability on both Hides. Nothing has been omitted which could illumine the ciroumstanaes of the unfortunate tragedty, or assist the jury in arriving at a proper verdiot. With untiring zest, watohful oare sud uuuial nkill defend ant's rights bava b ten guarded and his cause presented. His o luimel need have no regrete. No man accused of on me bas ever been more ably defended, or tried before a better jury, Tbe jury was oomposed of subftanti il oitizeus. They were neither ohilJren uor weaklings, aud the oourt mist as sume that tbe verdiot returned was tboir verdiot the vt rdiot of each as deolared to be wheo the same was presented and filed. It is tru that a recommendation of meroyj r--fl)otiug tho oompaHsion and sympathy of a part or all the jurymou, may Indicate a compromise: it probably does; hut that is no reason why the ooort should say that the vrdiot it-tilf is not tbe expression of tbe combined opinion of the whole panel. If courts were to be governed by what iu lividml jurymen may say after verdict to inter ested parties as to the expressions a id proceedings of tbe jury room, I fear tunny tria's would never fl'Jtl au end Beoause a verdiot bas io it tbe elements of compromise will never jmtify setting tbe same aside uoless there has b ien a palpable failure of justioe, While it is the province of the jury to determine tbe faots, it is the duty of the judge to follow tbe evideaoa io ordsr that no iojuatioe may be done, aod tbat, be may be prepared, in tin event of conviction, to impose a juat sentence. In tbis cine I am convinced that no otber vorliot than mauataiihU)r was justified by the evidence. Tbe eleraints of premenditation and dolibiratioo necessary to oonstititnte mnrd ir in tbe first degree were lacking, and tho ele ments of purprwe and malice were not sufficiently apparent to m ike the homi cide murder in the seoond degree; while on the other band tbe evidouoe failed to disolose to my mind any such conditions or circumstances surrouodiog the as. sanlt made by Miller as would excise or justly killing him io self defense. Tbe statutory deflnatiou of man slaughter, viz: "If any persoa shall, without malice, express or implied, and without deliberation, upon a sudden bent of passion, caused by a provocation apparently sufficient to make the passion irresistible, voluntarily kill another, suoh person shall be deemed guilty of manslaughter," defines tbe crime as I view tbe evidenoe giveo from tbe stand, of wbicb this defendant is guilty ; aud the jury having returned that verdiot, the court will not be warranted in set ling the' same aside. Tbe motion will be therefore denied. BlUTIfciH BI.GNDKIttf. Hlame Is Divided Between White ami Carle ton Use of Cavalry Hcoats Might Have Averted Disaster. Weekly Globe Democrat. English military experts are Agreed tbat tbe disaster of Monday near Lady smith was due to bad blunders. Gen. White is blamed for not having provided means of keeping in touob with Col. Carleton's column aud for not hav ing made any effort to extricate the oom mand from its untenable position. Jol Carleton is blamed for not having retired to Ladysmitb Immediately aftor the loss of his artillery and ammunition through the stampede of his mule. Iu some quarters it Is suggested that the Cape boys who were driving the mules and whose loyalty bas been under suspicion, caused tbe stampede in order to help the Brier canse. An nncontlrmed report ssHerts that Oen. Hir Jledvers ItnllHr has left Table hay for Durban, en route to join Geo, White at the front. Though chagrin over Monday's reverse bas been tempered with satisfaction over the ga'lantry of the uufnrt mate troops anxiety for tin safety of Ltdysuii tb and Geo. White's irffly in haiihtrinl t w rim 1 absence of ad ic f-om tbe front. BRITISH DEFEATED. The Boera Capture Two Regiments and a Battery, Including 2000 Men. By tho Associated Press. London, Oot. 31 A dispatob from General White commanding tbe British forces at Ladysmitb reports tbat the royal Irish fiwileers, a mounted battery, and the Glouoester regiment w.ere sur rounded in tbe hills by the Boers and after loosing heavily were obliged to onpitnlate. Casualties not ascertained. While miuor reverses were not wholly unexpected nothing like the staggering blow General Joubert delivered to Gen eral White's forces yesterday was antici pated. The full extent of the disaster ia oot yet acknowledged, if known at tbe war office. Tbe loss in effeol must be appalling to General White, who is pruotioally surrounded. Two of the flueat British regiments and a mule buttery deducted from tbe Ladysmitb garrisoQ weakens it about one-fifth its total strength and niters tbe whole situ ation materially in favor of the Boers, wbo havo again shown themselves strong fighters and military strategists of uo mean order. Tbe disaster cost the British from 1500 to 2000 men and six seven pound screw guus, and as tbe Boer artillery was already stronger than imagiued the capture of theae guus will be a great help to the Boers. Never was the old saying, "Bad news travels (juiokly" better exemplified than today, by noon sorrow prevailed throughout tbe British metropolis. At the govern ment office no tffort was made to oouoeal tbe feeliug of dismay prevailing. One official said to tbe representative of the Associated Press: "It is nuexplainable and I am sorry to say the moral of tbe effeot is inestimnblo, we have lost heev ily in mauy ways and bud regiments almost wiped out, but to have our regi ments captured and by the Boers iB terrible." As tbe day wore on orowds around tbe war oflioe Bwelled to enor mous proportions and at GlouoeBter, tbe home of many of those engaged, the wildest exoitemeut prevailed. A dispatch from Ladysmitb says tho Boers Buffered severely during tbe en gagement, some persons estimating their loss at 700 to 1000 killed and wounded. CAUSE OF THE ltOUTE. London, Nov. 1 Tbe war office today made public a dispatob from General While, dusoribiug the operations of Monday.- It ttj-ct follows; - --'. We took out from Lndysuiiih a brigade of mounted troops, two brigade divisions of the royal artillery, lUf Natal field battery aud a brigade of infantry to re couuoitor iu foroe the enemy's main position. In connection with this an advnuoe column consisting of the Tenth mountain artillery, tour bait companion of tbe Gloucester aud six companies ol of the It iiil Irish fusileors, under Lieu tenant Colonel Carlton aud Major Ayde, was dispatched to marob by night up the Bell spruit, thus turning tho enemy's right flank. Ciraumstauoes wtiich attended the movement of Carlton's oolnmn are not yet fully known, But from reports re ceived tbe oolnmn appears to have car ried out the night march unmolested, until within two miles of Nicholson's Nek. At tbis point two boulders rolled from the hill and a few rifle sliota stam peded tbe infantry ammunition mules. 1'he stampede spread to the battery muleB, which ran away with practically the whole of the gnu equipment aud tbe greater portion of the smull arm ammu nition. The reserve was similarly lost. Tbe infantry battalion fixod bayonets, and HOcompanied by the personnel of the artillery, seizud a bill two miles from tbe Nek, with but little opposition. At dawn tbe skirmish attack on our position was commenced by the enemy. Their fire beoame very scorching uud two companies of Ulouoesters were ordered to fall back. The enemy then pressed to short range, tbe lusseB on our side beoams very numerous. At 3 p. m, our ummuuitiou was pruoticully exhausted. The position was oaptured and the survivors of tbe oolumn fell into tbe enemy's bunds. The want of suc cess was due to the stampede of tbe mules, and the consequent loss of guus and the small arm ammunition reserve. The security of Ladysmitb is in no way nflucted. A DKF A ULTIMO OFFICIAL. Henry Day leaves Eugene Haddcirly KeluK Over I'-'iHIO Short In His Accounts. Htatu Journal, On Friday, Oot 20, Henry J, Day, well known throughout tbis county iu bis ooanection with official positions and more especially as Urnt deputy under Sheriff Withers, -tuft Eugene for Port land, ostensibly on official business but has developed since, for the more dear purpose of quitting Eugene and com munity with a balance of over $2000 against him uu the BhurilT books. Nothing was thought of bis absence un til Bun day wheu Mrs. Day reoeiyed word that be would oot be home uuti ) later, Tbe firut part of the week HhttrilF Withers and Deputy Fisk reviewed tbe books when the defalcation was discov ered. Tbe action of Mr. D iy oomos as a surprise to everybody aud more espec ially Mr. Withers and others who have plaued in him tho most explicit ooull deuoe. As this pnpr gjtm to pretn uo new development corns to baud aud tbe whereabouts of Henry pay still rtwialrji amtery, TIM TO WNSEND GOES FREE. Verdict of "Not Guilty" In the Homicide Case Against Him. Tbe jury in the oase against Tim Townsend for the alleged murder of William Hale at Dale, Umatilla county, Oregon, on September 29, returned a verdiot of "not guilty" Sunday, after having been out since Saturday after noon. Mr, Townsend was, therefore, ordered released by Judge Lowell, and Sheriff Blakley opened tbe door of the jail sod Townsend went forth a free man. In the instructions given to the jury by Judge Lowell was one upon which, apparently, the jury based the verdiot. Tbe instruction iu question was to tbe effeot that Townsend was justified ia killing Hale, in oase the evidence showed tbat Hale was about to commit a felony on Tom Tuttle, To vassa l's friend, at tbe time being iu a dwelling house. It appears from the testimony that Ander son, the man who kept tbe tent saloon, bad bis bed in the teat, and that he also oooked bis meals there, in short, thai Anderson lived in the tent as his dwell ing bouse, as well as ran a Baloon there. Consequently, tbe apparent intention, of Hale to kill Tuttle by cutting him with a knife, thus committing a felony on Tuttle iu a dwelling house, was legal justification for Townsend shooting Hale with a Winchester, as be did admittedly. . The element of self-defense appeared not to figure as principal in the case, although it was shown by tbe defense's witnesses that Hale threatened to out out Towasend's heart, and remarked that be would out large numbers of shoe strings out of tbe bides of the other two men. Tbe tact tbat there was a bed and stove in the tent used by Anderson in living, appears to have been the saving element for Townsend, aud in all proba bility caused tbe jury to return tbe ver dict of not guilty. Of course, tbis verdiot ends tbe oase, beoause the State of Oregon never ap peals, and Townsend Is permanently tree from tbe allegations of tbe prosecu tion, going free from tbe obarge carried in tbe indiotment. Never bas a homiaide case tried in the oourts here attracted so little attention, at times not more tbau balfadizia people being ia the room as speot itors. -JKlfFatlf STtLL CHAWPIOM.. But He Failed to Knock Ont Sharkey, Who Ouve Him a Terrlllo Flitht- Nisw Youk, Nov. 4 -Although Tom Sharkey failed to secure a decision in his fight with James J. Jeffries, tbe cham pion, last night at Coney Island, N. Y. , he can lay claim to oredit tor putting up one of tbe most terrifio contests ever witnessed in the pugeliot ring. Jeffries himself very frankly admits tbat it was by far his hardest battle, and the big obampion today oarries a split nose, eye ana ear as evidences or wnat tie waa up agaiust. Sharkey bus two broken ribs and a broken band. In five rounds Jeffries had the better of the flht iu tbe first two sod tbe last three: During tbe other 20 Sharkey forced tbe issue, and, like a bull terrier, was at his man with both hands un ceasingly. Ia tbose 20 rounds Jeffries' great weight aud bruwu helped him to bold off tbe sailor, and in the 22d round be swung In a couple of vicious nppor- cults tbat made Sharkey gr.iggy. Tom came back again in tbe 24tb and '25th , but be was woakenod greatly by Jeffries' vicious bliws. One minute before tbe gong Bounded to end the fight, Jeffries' left gloye came aud practically tbe oon test was over. The referee motioned to Jeffries' eorner, an American flag was filing over tbe champion's shoulder, aud tbe crowd on that side and end of tbe arena obeered wildly. The crowd on the opposite side and end, in Sharkey's corner, yelled for Sharkey, and tbe men were led back to tbeir dressing-rooms. Killed 61 Rattlesnnkfi). 1'kndlbtok, Nov. 5 The sons of 11. C. Dunningtou, a rancher liviug iu the Vansycle country, weut to ltattlosnake Springs, near tbere, tbe otber day. One of them saw a rattlesnake and killed it. Another appeared aud resented the at tack on their resort and, likewise, was also killed. Tbe boys kept on killing rattlesnakes until Dl had been destroyed. Tbe peculiar feature of it is no one has seen any rattlesnakes iu that vicinity for many years, although originally tbe spring! were named because of tbe large number of rattlesnakes found tbere. Output of the Klondike. No one will ever know exactly bow much gold was taken from the Klondike fluids the pant soason. Mince tbe English government imposed a royalty, tbe min ers have adopted all sorts of roues to evade the law. It is rather difficult to dodge taxes, but it is more difficult to dodge a bad cold and the grip at Ibis time of yeur. ben tbe system is weak ened by such attacks, end tbe bltod be oomes thin aud impoverished, tbe brut medicine to take is Hoetetler't Stomach Bitters. This remedy builds up tbe sys tem. Besides regulating digestion, it overcomes oouetipation. It is good for the kidneys aud liver, too, stimulating these organs into the proper performance of their fuuotions. Nothing is so good for malaria. .-