CONVICTS MITCHELL
JUKI EECOMKE5ES MEECY 07
THE COUET.
Single Juror Who Held Out Capitu
late! On Condition That Jury
Hake Eecommendation-
will con tin ne to hold the office of
United State senator, though under
the rules of the state he cannot take
his seat while under conviction. He
will still draw his salary of f 5000,
although nnable to perform the duties
of the office.
CAN'T ABUSE THE MAILS.
New York
Restaurant
Good Meals 25 cents.
Senator John H. Mitchell was found
guilty Monday. Summoned from bis
hotel to the federal court room at 1 1
o'clock Monday night the old man
who for 40 years has played a con
spicuous part in the affairs of Oregon,
beard the verdict which convicts bin
of violating the laws of the country,
says toe Portland Journal.
"We the jury find the defendant
guilty as charged in the indictment
and recommend him to the mercy of
the court for leniency.
in tne ureatniess nusn that suc
ceeded the reading of the verdict Sen
ator Mitchell f sat dazed, rigid, the
slow tears welling to his eyes. Once
or twice with trembling band he
stroked his long white beard while the
jury was polled and his attorneys gave
notioe of a motion for new trial.
These formalities were soon over and
with slow and feeble steps be walked
toward the door, replying mechanic
ally to the expressions of sympathy
from the little group of friends who
crowded about him.
Senator Thurston supported the
tottering figure of his friend and
client, aud Mrs. Thurston, the only
woman la the court room when the
verdict was returned, laid a sym
pathiziug hand on the old man's
shoulder. Slowly and sadly the little
compaay left the building.
For seven hours and a half the jury
. deliberated beiore reaching a verdict
six ballots were taken and five times
toe vote stood li ior conviction and
one for acquittal. At last the one
juror who had voted for acquittal
yielded to the argument of his com
panious, stipulating only that the
verdict should contain a recommenda
tion for clemency. To this his fel
lows agreed.
It was five minutes after three
o'clock'in the afternoon when the jury
retired after receiving the instructions
of Judge De Haven. A throng of peo
ple waited about the corridors in the
expectation that an early verdict
might be rendered, but as the hours
dragged by the numbers lessened.
Judge De Haven first informed the
marshal that unless the verdict was
rendered by 9 o'oolck he would not
rooeive it until morning, but later he
extended the time until 11 o'clock
At 6 o'clock diuner was sent into the
jury, but there was no sign as to its
progress toward a verdict. Finally
at 10:35 Word came from the locked
and guarded room that the jury was
ready to report. Judge De Haven
was hastily notified and word was
sent to Senator Mitchell and his coun
sel. Uuited States District Attorney
Honey, who had gone with friends to
the fair grounds, could not be reach
oil.
After the news that the verdiot had
been reached was given out Senator
Mitchell was first to reach the court
room. He was accompanied by Judge
O. H. Carey, who sat beside him un
til the arrival of Judge Bennett Al
most on the stroke of 11 o'clock Judge
De Haven entered from his chambers
aud the jury filed Into their seats.
ueuuemeu nave you agreed on a
verdiot?" asked the court
"We have," responded the foreman,
U. Steinor.
Silently the white envelope con
taining the verdiot was passed to
Judge De Haveu, who read it over and
then handed it to the clerk, Captain
Sladen. Every ear was strained to
: catch the words as the clerk read the
judgment of the jury, doclaring John
H. Mitohell guilty us charged, but
, recommending him to the clemency
or the court
"We desire to. have the jury
polled," Baid Judge Benuett
One by oue the jurors responded iu
the affirmative, ns the clerk asked if
the verdict was correct The spociflo
offeuse of which Senator Mitohell was
found guilty was the accepting of
foes from Frederick A. Kribs for serv
ices in expediting the patenting of
timber cluims iu which Kribs was
interested.
The measure of punishment to be
inflicted rests entirely with the trial
judge. Although the statute provides
for both fine aud imprisonment, it is
discretionary with the judge to impose
either or both. It has been the popu
lar supposition that if convicted Soua
tor Mitchell will necessarily be sen
tenced to imprisonment, but this is
not the case. .
"It'is clearly established by iepeat
ed decisions," said District Attorney
Heuey in discussing this question,
"that where the statute prescribes
both flue and imprisonment the court
need not impose both. Tls sentence
may be flue aloue or imprisonment
alone, or it may be both fine and im
prisonment" Sentence will not be pronounced
until after the determination of the
appeal, which means a delay of
mouths at least. If the case should be
taken to the United States supreme
court a fiual decision might not be
rendered until next summer. If the
verdict should theu be affirmed, Sena
tor Mitchell must theu pay tho peu
alty of his guilt
Puudiug tho appeal, the defeudant
Supplement! Not Part of Newspaper
Denied Second-Class Bate.
Third Assistant Postmaster Madden
has issued an order intended to put a
stop to the pracice of some publishers
of periodicals of using their publica
tions as the vehicle or cover for trans
mission at second-class rates of sample
paper to the detriment of the fourth-
class.
This is accomplished by printing
advertisements upon the sheets of the
paper to which the advertisements
relate and attaching them as advertis
ing pages to the periodical. After
declaring the practice to be an abuse
of the second-class mailing privileges,
the order states that publishers' will
be given until September 1 to discon
tinue it and after that anyone found
disregarding the order will be charged
fourth-class rates for his periodicals.
Postmasters are cautioned, however,
not to misapply the rule in cases where
papers of different color or grade are
used for the sole purpose of improving
the appearance of advertisements.
Lewis and Clark Eatei.
The O. JbC & .N. Co. announces the
following rates from Athena to Port
land for the Lewis and Clark fair:
Individual tickets will be sold daily
from May 29 to October 15, inclusive,
continuous passage in each direction ;
final return limit 80 days from date
of sale, but in no case later than Oc
tober 31, 1905, for one and oue-third
fare, amounting to $9.90.
Party tickets that is ten or more
persons will be sold from May 29 to
October 15 inclusive; passage in each
direction ; 10-day limit from date of
sale, at oue single fare per capita for
round trip, amounting to $7.40.
Children one half fare age- at half
fare of the above rates. For further
particulars call ou M. W. Smith, O.
R. & N. agent, Athena.
Notice.
.Nonce is nereuy given that a cer
tain number of notes payable to E. L.
Barnett and Edward Taft together
with certificates embracing 152,312
shares of stock collectively held by
B. I Barnett, of 409, Yamhill street,
Portland, Oregon, , in the Qolconda
Consolidated Mining Co. , Union Gold
Mining Co., Grant Mining Co., Stan
dard Consolidated Mining Co., Buff
alo Monitor Mining Co., Springdale
Copper Mining Co., and South Pole
Gold Mining Co. , are missing, having
been either lost or stolen. All persons
are hereby warned that the above
shares of stock and notes have not
been endorsed aud any transfer will b3
illegal.
Dated at Athena, Oregon, June 23,
1905. E. L. Barnett
Administrator'! Notice of Final Set
tlement.
Notice is hereby given that ou the
24th day of June, 1905, "William Mc-
Bride, the duly appointed, qualified
and acting administrator of the estate
of Mary E. Rainville, deceased, filed
his final account in the county court
of the state of Oregon, for Umatilla
county, iu the matter of the said estate
and all persons interested in the said
estate are hereby notified that they
must appear in Baid court and file their
objections or exceptions to the said
fiual account on or before the 5th day
of August, 1905, at the hour of 2 o'
clock p. m. of said day, aud that there
will be a hearing upon the said final
account ou the said hour of said day at
the county court house, in Pendleton,
Umatilla county, State of Oregon.
William McBride,
Administrator.
BLACKSMITH AND
REPAIRING SHOP
A. II. LUNA, Proprietor,
Shop West of King's Barn, Athena.
PROMPT 4 RELIABLE SERVICE
A. L. JONES
WANTS ALL KINDS OF HAULING
Goods tAken boat enre of and carefully hand-
icu. rnone in ior i.x press ana Baggage.
THE
ST. NICHOLS HOTEL
J. E. PROOME, prop. t
m
Only First-class Hotel in
the City.
THE ST. NICHOLS
the only oue that can accommodate
commercial travelers.
Iff
Can beieeomended (or lti clean aud
well ventilated room.
Cob. Maim AndThibb, ATumA.Or.
$ I
Rlootille
Every night 15 etc. per Bowl
MILLINERY
-The Latest Modes and
Fashions in Street and
Dress Hats.
LA nUE MILLINERY CO.
. Third Street. Athens.
MAIN STREET, ATHENA, ORE.
Foley's Honey and Tsr
for children, safe, sure. No opiates.
Paintim
Parjer Hancinir. Wall Tintinir. RiVn
Writing, etc., satisfaction guaranteed by
' L. J. Eobinson.
Shop, corner 8rd and Jefferson, Streets,
Ainena, uregon.
T. L. TERIIUNE,
CONTRACTOR & BUILEDR
Estimates Furnished and Satisfaction
Guaranteed. Residence on
Hunt Ave.
Athena
THE WRIGHT LIVERY
AND FEED STABLE
CHA.RLES GAY
...Dealer in...
Candies, Nuts, Fruits, Tobaccos, Cigars
KRESH BREAD, PIES, CAKES, ETC.
McAlropa 34160
COOD HORSES AND RIGS. REASONABLE PRICES
DRIVER FURNISHED WHEN DESIRED-
Horses boarded by the day, week or month
Btables on 2nd street, South of Main street
J. r. Wright, - . - Proprietor'
Troy Laundry
Walla Walla, Wash.
Elmer Lane, Agent in Athena '
Work Guaranteed
Washings are called for each Tues
day and are returned Friday morning
. the great cTUcKINNEY 2:1 11-4
Sire of Coney 2:02, Sweet Marie 2:04, China Maid 2K)5, You Bet 2:07, Charley
Mac 2:07, Kinney Lou 2:07. Jennie "ac 2.09, Hazel Kinney 2:09, Zolo
2m4, The Roman 2:0" Dr. Book 2:10, Reta H. 2:11, Mack Mack 2:12, aud
fifty-two others. Dam ALICE MANN (full sister to Trumont 2:21) by
clLTAMONT
Sire of Chehalis 2MU, Del Norte 2:08. Ella T. 2:08, Doc Sperry. 2.09, Alameda
2:09, Pathmont 2:09M,'Altao2:09M, and forty-two others. Second dam Minnie
M. (dam of Satin Royal 2:19M, Trumont 2:21 , grandam of Atlas 2:15) by
Rockwood. Third dam Sally M. (dam of Pathmont 2:09M, Altao 2.-09, grandam
of Bill Frazier 2:14, Pathmark 2:11M, Belle Air 2:14) by Oregon Pathfinder, sire
of the dam of Prince Direct 2:07, etc. Fourth dam Sally-Come-Up by Paul Jones,
sire of Jane L. 2:19. Hannibal Jr. 2:26.
cTKcALROPA 34160
Is a handsome black stallion 16 bands high and Weighs 1200 pounds. He won
first in standard bred class at Walla Walla fair in 1903. He combines the blood of
the best trottiog families on the coast, and has four spanking good dams. You
can't make a mistake by breeding to this good son of McKinney. He will make
the season of 1905 at '
Weston, cAthena and Helix
TERMS, 825 TO INSURE, payable July 1.
of mares proving not with foal.
Money refunded in the event
J. o4. Baddeley; & Weston, Ore.
IF
f ml IS LLU lMj
follows a cold, but never follows the use of
jf tJi
Lb u 1
nn
JD oJ Hull
It stops the cough and heals the lungs
and prevents a cold from settling on your
lungs and resulting in Pneumonia, Pleurisy,
or Consumption.
You are in no danger of serious results if
FOLEY'S HONEY AND TAR is taken,
as it soothes and heals the inflamed air pas
sages and the cough disappears.
Be sure and get FOLEY'S HONEY AND TAR, as preparations
containing opiates stop the cough temporarily by paralyzing the nerves
in the throat and leave the germs of serious lung trouble and you get
one cold on another because the first one was not cured perfectly.
Saved Her Life From Pn.umonts.
- "My wife had a severe attack of Pneumonia which
followed a severe attack of La Grippe and I believe
that FOLEY'S HONEY AND TAR saved her life,"
writes James Coffee, of Raymond, Missouri.
Dr. C. J. Bishop, A?new, Mich., writes: "I have
used FOLEY'S HONEY AND TAR in three very
severe cases of Pneumonia with good results in every
case." '
Cured When Very Lew Wrtfc Paeanula.
J. 7. Bryan, of Lowder, III., writes: "My little
boy was very low with Pneumonia. Unknown to
the doctor we gave him FOLEY'S HONEY AND
TAR. The result was magical and puzzled the
doctor, as it immediately stopped the racking cough
and he quickly recovered."
Three Sizes, 25c, 50o end $ LCD
Pianos of Worth.
We sell the kind of Pianos that those
who are critics, buy. ' ' . -
They are Reed & Sons, noted for
strength and volume of tone. '-
The Henry F. Miller, Boston's oldest
and sweetest toned make. - .
The Steger, musically equal to the
best, and the popular Singer.
Whitman College
purchasd pianos of us last year valued at
$4,000, and all were of the above makes
The College buys only the highest grado
pianos. We buy direct from factory and
can save you money. Pianos delivered
on ten days trial free. It will pay you
to get our prices and easy terras.
Dwelley Herrlclc Music Co.,
61 East Main Street
4 Doors Above Bridge,
Walla Walla. Washington"
ED. BARRETT,
CONTRACTOR & BUILDER
ErM mates furnished on nil kinds
of buildings. Satisfaction Guaranteed.
Office at New Lumber Yard, Athens.
-Th f
COMMERCIAL
LIVERY, FEED
and SALE STABLE.
Best Turnouts $
In Eastern Oregon
Stock Boarded
by the Day, Week
or Month
g KING BROTHERS I'r. p
PARKER & LANE'S
.Barber Shop.
Shaving, Haircutting,
Shampooing, Massage
for Face and Scalp.
.HOT BATHS.
Shop North Side Main
, Street, Athena, Ore.,
lo ti 0,
The 50-cent size . contains 2 1-2 times as much as the
small size, and the $i.co size almost 6 times as much.
m ;'.:- ... : ; ;
Siioit Lire
Umcm Pacific
TWO TRAINS EAST DAIY
Through Pullman standard and sleeping
cars daily to Omaha, Chicago; tourist sleeping
car dally to Kansas City; through Pullman
tourist sleeping cars, personally conducted,
weekly to Chicago, with free reclining
seats free, to the east daily rrorn
DEPART TIM 8CHBDULBS AB&ITS
Da"r- ATHENA, ORE. Daily.
Fast Mail for Pen- "
dleton, LaUrande,
Baker City, and all
polntseist vlaHun
tington, Ore., Also
4 53 P m- ner, Thalf :57a.m.
Portland, Astoria,
Willamette Vallay
Points, t'aiiroroia,
Tacoma.8eattle.au
, Sound Points.
Walla Walla, Day
ton, Pomeroy, Lew
:42 s. m. iston, Colfax, Puli- '
man, Moscow, the 43p- n.
- Couer d'Alen. dis
trict, 8pokane and "
all points north.
Mixed train Walla,-"
7:05 p.m. wall, and lntennfr t-tai
- - dlate points. IAZ0 p' m-
Mixed, for Pendle-
12:20 !,.,, ton and lntermedl- 7:05 pra
at. point. . "
8AN FRaNCIS-PORTLAND ROUTE
tmer sails from Portlard 8 p. m. erery S
, JBMk.EJerK.t..
h Jmer ve Rlrrl daily except Satur
day Eeturninj at 4:10a. m. leave tewlsloa
dally except Friday, at 7 a. m
. w. BBDitb, Agent.