The Athena press. (Athena, Umatilla County, Or.) 18??-1942, February 06, 1906, Image 4

The Athena press., February 06, 1906, Image 4

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Newspaper Page TextJURY OUT 18 HOURS UNABLE TO GIVE BAIL DAVIS IS IK JAIL. Defendant's Attorneys '.Give Notice that Exception are Taken -Motion for New Trial Will Be Made. By a jury of his peers, 0. P. Davis, ex-chief deputy in the sheriff's office bus been found guilty of the crime of larceny of the public funds, and he is now behind the bars of the county jail, where he was placed jnst before noon Saturday by Sheriff Till Taylor, the prisoner's former triend and em ployer, whose confidence the Jury de clared to have been basely betrayed, says the East Oregonian. It was a dramatic climax to tbe long and interesting case when, after Davis failed to secure the 7500 bail named by Jndge Ellis, be came down the conrt bouse stairs accompanied by tbe sheriff, and as a prisoner of the county entered the jail, which but a few months ago bad been under his control. It was a hard finish and one which men seldom caie to wituess. But it can be truthfully said that among the group of six or eight who stood in the office ad all of whom knew the case from trtart to finish, there was prob ably not one who felt any sympathy for the convicted man. Those in the group were not hard hearted men, but because of things wbioh ocourred during the trial they hud become so embittered against the defendant bat they could show no sorrow over his conviction. At the instance of the prisoner, one of them, though as innocent as a man oan be, bad been branded by tbe de fense as being guilty of tbe crime which Davis committed. Two other men in the room had paid out $11,000 beoause of the prisoner's treaobery, and one was left penniless tberetjy. Consequently it is not strange that among tbe little group of deputies and others present there was no friend of O. P. Davis. - Following is the verdict of the jury : Iu the cirouit court in tbe state of Oregon for Umatilla county ; the state of Oregon plaintiff, and O. P. Davis, dofendant; verdiot: We, the jury in tbe above entitled aotion, find the de fendant guilty as charged in tbe in formation herein, and we find that tbe defendant converted to his own use and failed to pay over tbe sum of $4200. E. E. LAHUE, Foremau. The jury was out 18 hours, and be fore a verdict was finally reached in the case seven ballots were taken by the jnry. Upou the first one, seven men voted for conviction, two were blank, while tbe remaining three were for acquittal. Upon tbe second ballot the two blauks were given for con viction. . On a subsequent ballot "Due of tbe aoquittal men changed to guilty, and upou the last vote the remaining two came over to the side of tbe ma jority. Shortly after the verdict had been roceived, Judge Fee arose and address ing tbe coui't stated that he desired to take exceptions to some of tbe instruc tions given by the court, and that a motion for a new trail would be filed. This he said would be based upou mis conduct on the part of a juror whom he said it was reported bad publicly expressed his oonviotious iu the case both before and during the trial. Judge Ellis then replied that tbe dofense would have three or four days in which to file their motion. Previous to this District Attorney Phelps bad announced that some of the defendant's boudsmen had asked to be released and he asked that a now bond be ordered. Judge Ellis then placed the same at $7500 iu place of the for mer bond of $1200. Tbe prisoner was then remanded to tbe custody of tbe sheriff. However, his attorneys asked tor tbe privilege of consulting him in the attorney's room aud this was grauted. At tbe conclusion of the interview, which is presumed to have beon upon tbe sub ject of proouring bail, Davis was takeu below. Under the laws of Oregon the pen alty for the crime of larceny of public money is fixed at imprisonment iu tho penitentiary for from oue to 15 years, aud iu addition a fine of twice the amouut stolen may be imposed. How ever, tho fine may not be administered alone. BASEBALL PROSPECTS. Smmhtne 8nt Warbles to aimwlng the Itnoks of If mm. Whether or no Athena will be rep resented on the diamond with a ball team this year, the bright, warm sun shine hus set the warbles to gnawing tho backs of tbe fans, and the subject is the prime topio here. North Yakima lias its team iu truiu ing, and oue of the principal twiilers is "Sluts" Taylor, well kuowu here, Pendleton, with the exception of a couple of school teams, is not talkiug ball, but it's different at Walla Walla. Iu addition to ber fast city teuui, the soldiers will play ball, aud an excellent quality it will be, too. Members of the Fourteenth Cavalry, now stationed at Fort Walla Walla, are plauuiug to orguuixe a baseball team this spring aud be leady to meet any aud all comers, says tbe Union. Included iu the four troop and the band, aro some excellent bull players who have played together aud who know the game from start to finish. They have played against tbe Manila, P. L, team, besides those from other regiments, and a number of tbem be fore tbey joined tbe army played in pretty fast company. Some of the officers bave played tbe gnue before, and there is much iu lavor of tbeir having a good team. . Teacheri' Examination. Notice is hereby given that the school superintendent of Umatilla county, Oregon, will bold the regular examination of applicants for state and county certificates, at the court bouse in Pendleton. Oregon, as fol lows:! i For State Papers. Commencing Wednesday, February 14, 1906, at 9 o'clock a. m., aud coutinning nutil Saturday, Febnary 17, at 4 o'clock p. ni. Weduesday Penmanship, history, spelling, algebra, reading, sobool law. Thursday Written arithmetic, theory of teaching, grammar, book keeping, pbysios, civil government rZZl", Friday Physiology, mental arithmetic, physical geography. composition, Saturday Botany, plane geometry, general history, English literature, psychology. For County Papers. Commencing Wednesday, Febrna: 14, 1906, at 9 o clock a. m., and co; tinuing until Friday, February 16, 4 o'clock p. m. Wednesday Penmanship, histo: orthography, reading. Thursday Written arithmetic, th ory of teaching, grammar, physiol ogy. Friday Geography, mental arit metic, school law, civil government. Primary Certificates, Wednesday Penmanship, ortho graphy, arithmetic, reading. Thursday Art of questioning, theory of teaching, physiology. Frank K. Welles, . Sup't Umatilla county. POLITICAL DATES. Dates or Important Kvents to Be Ob served Durlnr Camnelcn. The following political information which has been compiled from state ments and decisious of tbe attorney general will be highly important and useful to the voters of Oregon during the coming campaign, owing to the confusion resulting from the passage of the direct primary law now in effect. The registration book for primary elections which are now open, will close at 5 o'clock April 10. Registration books closed for the general election May 15. County clerks must give notice of primary election not later than March 21. Last day for filing - petitions for placing names on ballots for state, congressional and district offices, Maroh 80. Last day for filing petitions for county offices, April 4. Date of primary nominating elec tions, April ,0. .; y v Canvassing votes for primary " elec tions for state offices, May 5. Last day for filing initiative peti tions, February 8. Last day for filing pamphlets for opposing measures, February 5. Number of signatures necessary to initiate laws aud amendments, 7489. Last day for filing certificates of nomination for state officers by assem bly of electors, April 19. Last day for filing nominating petitious for state offloes, May 4. Last day for filing certificates o: nomination for county officers b; assembly of electors, May 4. Last day for filing petitions fo: county officers, May 19. General election, Juue 4. REPORT OP THE CONDITION OF THE FIRST NATIONAL BANK OF ATHENA No. 4516. AT Athena, in the State of Oregon, at the Close of Business, Jan. 29th, 1906 I RESOURCES. lonntt and discount Overdrafts secured and unsecured 18S 100 63 9M8 51 1S1AOO00 10000 00 44040 4-J Itt 42 07 83 U H bonds to secure circulation Bonds, seourltles, etc. liaiikliiK-house furniture, fixtures line from National lianks not re serve attenta) Hue from apr'v'd reserve agents, Checks and other cash Items Notes of oilier National Hanks Fractional paper currency, nickels and cents. Specie Hvd'm'n hind with U 8 Treasurer (6 per cent of circulation) 40000 fa 19 13 8:13 00 02500 , ' Total ffcOrJUOT MABtMTIE8. rmdinl stock rid in too ooo t surpius fund .,, 17 600 00 Undivided profits, less expenses aud taxes mild 1 200 80 Ntltf)ul bunk nolo. outstanding One Ui other National Ilnuks One to Slate llnnks and linakcra 12 500 00 1 KM .VI 787 !H Dividends ITnpalil 1OJ0 00 Individual lU'lxmlU subject to check 138 587 7 Demand eerutioates or deposit 67 S'7 SI Total $280 TO 07 Ktnteof Oregon, l Cnintvori'iimtnini5" I. K. 8. 1 A(4row. cisliliT of the above-nnmed bank, do solemnly Hwenr Hint the above tte ment U true to the bent of my knowledK and belief. K. 8. 1.B UboW Cashier MubscrllieU anil sworn to before me this 8rd day of Feb, llWii, O. U. Chamberlain, Notary Public. Cohhkit Attest! H. C. Adams, ) 1), H. lrwstou, Directors y. K.Oolbem. ) Foley's Kidney Cure makes kldaeys and bladder right. WESTON AND ADAMS LOCAL NEWS ITEMS FS0M CUE SI8TER TOWNS. . Incidents, Events and Personal Men tion Found In the Leader and Advance. Weston Leader: Miss Lulu Robey, who lately returned from a long ocean voyage, is visiting at the borne of Mr. aud Mis. Anson Woods near town. Dr. Cashatt reports tbe advent of a little daughter Monday, January 29, at the borne of Mr. ami Mrs. C. L. Winters nearSVeston. IV- Walter Simpson, who is attending I Whitman College, visited ' with bis parents, Mr. and Mrs. G. W. Simp. Misses Stella O Harra and Rosa Lee, former student at the Weston Normal, have gone to Monmouth to further perfect themselves in tbe profession of teaching. k . ..... ML Tbe basket social Saturday evening rat tbe opera house was a pleasant event socially and a success financial ly, tbe gross receipts being $70, net ting about $55 for the library fund of the Weston public and high schools. A Last Friday evening, tfsmwaqtfS&i the members of Eureka Assembly No. 24, United Artisans, celebrated the tenth anniversary of the assembly with a social and banquet for the members and their families. A Revival services commenced last nieht at tbe IMethodist church. To- roight Rev. M. V. Howard is expeoted to arrive irom jvintou to remain over Sunday. On Monday Rev. F. M. Can- field of Oaksdale is expected. Mr. Canfleld will probably remain during tbe continuance of the meeting. Ward Baker, son of Postmaster Baker, has received notification that he is wanted as a stenographer in a railroad office at Salt Lake City, and will leave at once. His brother Gil bert is already employed there as amanuensis in the office of the Salt Lake Mining & Milling Co. Both young men were industrious students in the Commercial Department of the Normal, and became proficient in stenography, VW. H. Stamper was robbed of $7.40 iuloose change at the Weston livery stable last night He sleeps in a bed room adjoining tbe office, and tbe office street door is left open at night. It was an easy manner for the thief,. to enter and abstract tbe money from his pants' pocket without awakenin g him. A purse containing $5 in gold was not taken, and it is presumed tbe thief was an amateur and became too much frightened to make a thorough search Aaams. j I v Adams Advance: S. E. Darr came down Wednesday evening from Athe na to assist the boys in degree work and he says that he was fully paid for his trouble. Prof. W. O. Read, J. H. E. Scott Hd nd Miss Beda . Carlstrom, of the Adams publio school, attended the teachers' institute in Athena Satur day. VjKCbe city marshal reports that he has this week completed the building of eleven new ross walks this year and has bad them graded up iu first class shape. XMrs. Jerry Swart is now home again after spending some days at the home of ber parents in Athena. Dur ing her absence the infant Swart had quite a serious sick spell but 'she is now jfluch improved. I if. A. Lieuallen was out Tuesday morning examining his wheat crop, and he has nojhesitatiou in saying that up to the present time the wheat proa pect is first class, though just a little behind tbe growth of this time last i - H. Roulstone is home once more er spending several weeks along the coast iu the southwest part of tbe state. Mr. Roulstone thinks there are pleuty ot good opportunities in that region for investments that will yicld,food returns. , y VTork Dell, Chas. Gay, Austin Foss, Dr. A. B. Stone, S. & Hunt, W. E. Dobson, T. P. Mosley, J. W. Roth- rock and John Smith of Athena drove down Wednesday evening to assist Loruax Lodge No. 93, K. of P., to kill off a couple of candidates. Tbey left for borne Thursday morning early, vowing themselves pleased MfltD itb tbe trip. TSi L. Baker, who has been a resi- dent of Adams for several years, has I . . ,. . . u Harper and expects to leave for Port land iu a few days. He will still con tinue in bis shop for that time. He has not fully decided yet what bnsi ness be will engage in when be reach es the metropolis. For 8ale. The desirable piece of real estate on Main street kuowu as tbe Garden property is now offered for sale. For price, apply to Charles Norris, Ath eua, Oregon. tf Cash for Shoeing. Hereafter at our shops horse shoeing will be done for cash only. O. a Beck, W. a Buel FOR THE ? TO ALL DISEASES A FOSl THS t) OF BOTH j , J mm IMLM L FOR Cured of Consumption In Its Final Stages: J. O. R. Hooper, a merchant, of Woodford, Term., writes: "Fifty witnesses here, will swear that Dr. King's New Discovery cured Mrs. Mollie Holt of Consump tion after her family had watched at her bedside for the end, which doctors said was near." SUREST CURE 111 THE WORLD FOR COUGHS AND COLDS! e Price 60c and $1.00 CUARVrJTEEP Trial Dottles Free '..::.. :...'T"" sold and nscor.?r.?EHDED DY.gT" THE PALACE DRUG STORE Boston Dental Parlors DOES ALL KINDS OF GOLD WORK Walla Walla, Washington. A. L. JONES WANTS ALL KINDS OF HAULING Goods taken best care of and carefully band- led. Phone 13 for Express and Baggage. BAIN WAGONS ' I UNEQUALLED A3 A J WlWmmM I UNEQUALLED AS A t m ww-, IP sore throat; r mlvi : l VH 1 n laciriBxt cosscarenoit iff. vv f L ! : illliv U lB Guerilla Mss Co. .k, s 'yyH - iN4US. . 'v I V 6wi wasM-wryy; x JIlii1gPl : unequauedX Vsi fpig!? mum cehtic y jmxsmim ii ASA -VlifrNw Jj rrrdtg,ambit.o0.i!.j JAS A PUA5ANT II 'iRREVBfnivE4!1 CONSUMPTION General Employment and REAL ESTATE OFFICE MOLLIE JOHNSON & NELLIE DAY Tw Doors East of Farmers' Savings Bank, over Hockett's Drug Store. r,, o . nr.i I xirll Phone 48, : Walla Walla. THE STANDARD PENS EVERYWHERE. !50.Sty!e8 ""Br'oadpSEtsr11 . Said by All Stationers. Works. Camden, N. I. tSI tlUSKUEl EVERY BOTTLE GUARANTEED. L. M'LACHLAN PLASTERING AND CEMENT WORK, CISTERN BUILDER Leave orders at Gillia' Lumber Yard. Satisfaction Guaranteed. PETERSON & PETERSON, Attorneys-at-Law A1HENA, - OREGON. Bain Handy Wagon Track Regular 5ft. lin 42 in. Between Standards . Boulster and Hounds Price $40.00 C: A, BARRETT & Co STEEL PENS '- f 2 ESTERBROOK&Cff dltfcL PEN CO. 26 John St., New York. i Sv3 BS S SSil -.SET"?-)