TI JURIES SAY
KENNEDY IS GUILTY
Both Juries Out at Same Time
Yesterday Considering Evi
dence Against Him.
WALTER A. MARKS SUDDENLY
CHANGES PLEA TO GUILTY
Both Defendants Will Receive
Sentence Saturday; Henry
on Trial Today.
For the first time in tlie history of
I.iim county and perhaps of the en
tire slate, two juries were out yester
day afternoon at the same time con
sidering evidence in cases against the
same defendant and both juries re
turned verdicts of guilty.
The cases in question were J he two
cases of the State of Oregon vs. Den
Kennedy, hoth of which were appealed
from the justice court and Imth of
were tried before Jude J R. Kelly
yesterday.
The jury in the first ease against
Kennedy, which changed him with
si' II in intoxicating liquor to James
I'YadciiburK o'f this city, retired to the
jury room at 1 :25 o'clock yesterday
alternoou ;i 11 c ret urn -d a verdict of
Kiulty at 5:15, a few minutes after the
second' jury hail retired to consider
the evidence in the remaining case
aaiiiM Kennedy, chaining hi in with
selliti'.r intoxicating liquor to Tony R.
Miioff i if (his city.
This jury returned a. verdict of
Kuillv at fi:55 o'clock after betiiK out
nearlv two hours.
This jury was composed of: John
1!. Reldiani. Itrnwnsville; Vardy I-:.
Sheltoti, Scin; L. I!. Luper, Tanyrtit;
John It. Miller. Waterloo; 1-Vank
lliilburt. Shedtls: Charles A. Rates.
SliHImrn ; I r;i 1 1 k Skiptoii. Albany;
Helhert llnnvu; Albany; C. 1.. Shaw.
Albanv; R, I'.. Crawford, Albayn; and
VV. A. I.cdbettef, Albanv.
t District Attorney Cab- S. Mill and
his chief deputy, Dan Johnston of this
city, represented the slate in -both
cases against Kennedy who was de
fended bv I. J. Whitney of this city.
Judfe K elly fixed the time for sen
t cueing Kennedy in both eases at 9
o'elor.: next Saturday morning.
This morning at ( o'clnek. the two
cases of Oregon vs. Walter A. Marks
of ibis city, for selling liquor in Eola
tion of the local option taw, were an
nounced as ready for trial and nrcpar
a lions were being made to draw a
jury, when the defendant held a con
sultation with his attorney, Jude.e
VVhitnev, who announced (hat his cli
eiit desired to change his plea from
"not guiltv" to "gt'il'y"
Judge Kelly accepted the plea
guilty and fixed Saturday morning at
9 o'clock as the time for passing s.n
tetter on Marks. j
Marks, who' has been engaged in
business with Kennedy at thu co-ne
of First and Hakcr streets at the place
commonly known as "The Krog,"
was charged in two different com
plaints .with selling intoxicating li
quor to M. 1'. McDonald.
The complaints stated that the sale
was made on October 25. 1012. Dis
trict Attorney Mill ami Deputy Dis
trict Attorney Johnston represented
the state ami J. J. Whitney, the de
fendant. Following the disposal of th? cases
-of Oregon vs. Marks, the two cases
-of O-egon vs. F. D Henry of liar
rishurg were called. One of the case
against Henry charges him with sell
ing intoxicating liquor in violation of
th local option law to Claude Maid
estv and the other one charges him
with c ndueting a nuisance in the city
of i larriidmrg.
The following jury was drawn this
tno'iitiig to hea'" the evidence in the
f:ist r..siv D. V. King. Ilolley; I.
M. ' !ai gelt, 1 larrisburg; Vardy 1
Shelton. N'irt Yilium C.oni '. tia.;
fonNvdli W I? Kay. ' i-la". I'eiiry
Shanks. Jordan;' t harles A. Hates.
Slielburn;' Martin Cvabtree, Santiiuu;
W. T. Masslcr, Scio; l.ce J. C.aincs,
l.acoinb; I.. H. 1-uper, Tangent, and
V. 1-. Kizer, Albany. District At
torney Mill ami Deputy Dan John
ston appear for the state and J. J
Whitney for the defendant. The first
cause against Henry will probably go
to the jury shortly aftcrn n today.
K. D. Hcniy of Harrisburg who
was this mornint found guilty of sell
iug intoxicating liquor in violation of
the local option law will lie sentenced
Saturday inc. ruing at 9 o'clock. The
case ch.ugii'g with conducting a nuis
ance at Harrisburg is being tried this
afternoon.
BOY SCOUTS PASS EXAMS
HELD HERE YESTERDAY
An examination which was held at
the local Y. M. C A. yesterday after
noon resulted in five Albany hoys
successfully passing the test required
to become a tenderfoot scout, one of
the divisions of the Hoy Scouts' army.
Those who' passed were Vernon Hen
derson, Harold Irvine. Pearson Con
radt. Newland Coniadt and Verne
Itrigg-
Howard II. Cireen. of Hood River,
left for home nftrr attending our of
the short courses at the O. A C. He
is a former schoolmate of Kenneth
Merrill at Reed City, Mich., and was
considerably ut prised to Icain that
Kenneth, about his age, is a married
man.
PROFESSOR J. B
URGES BETTER ROADS
Predicts That Appian Way Will
Someday Be Constructed Be
tween Albany and Corvallis.
Declaring that there must be an
Appian way connecting Albany and
Corvallis, Professor J. H. Horner of
the Oregon Agricultural College, last
night made a strong address in Cor
vallis on the subject "Walks in Rome."
We reprint a portion of the address
from the Gazette-Times:
In the presence of an audience that
filled the Presbyterian church last
night, Prof. J. B. Horner presented his
illustrated lecture on "Walks in
Rome. The list of pictures covered
the principal ruins and points of in
terest in Rome, and added variety to
a talk delivered in Prof. Ilo'mer's al
ways acceptable style. The presenta
tion compassed more than many peo
ple get from a lengthy visit at the
Italian city.
"The Appian Wav was so t:seful in
drawing trade from southern Italy to
Rome that another way was built to
the north, so as to connect Rome with
the northern interests o'f Italy; and
so on until the great roads of Italy
centered at Rome. No matter where
you might find a great road, you
could follow that same road to the
heart of Rome. Hence all good roads
led to Rome. The lesson that we
learn from Rome's experience in road
building is that there shonld be nu
merous Appian ways connecting Cor
vallis as a commercial and education
al center to points on every side o'f
us in the state. Jefferson, Washing
ton, Mouroe, Second and Third streets
ire Appian ways already, and there
ivill be more Annian wavs in the cilv
chislened as the heart of the valley".
lint there must also be Annian wavs
drawing Albany and Corvallis closer
together, also Appian ways connect
ing lrish llend. Monroe,, liellfountaiu,
Peo'ria. Philomath. Alsea, Kings Val-,
ley, Wells and other points." I
i r
EVANGELIST JOHN LEWTAS
PLEASES ALBANY RESIDENTS
Tacoma Minister Tells of Bible
Lands Through Which He
Has Traveled Much.
The evangetisrie meetings now be
hitf held at the Virsl Methodist church
are attracting large crowds and much
interest is being; manifested hi the
work.
Kxceltent music has been provided
for the meetings artd the sermon and
talks of Rev. Johir Lew t as of Tacoma
who is in charge of the evangelistic
services are greatly appreciated, as
e his vivid worrf pictures of the Hi
e lauds which he has visited1 ami to
Inch he has given years o'f study.
Tonight Kvangelist l.ewtas will pre
nt nu especially important: theme
and the resilient of this citv are cur
bally invited to attend the services.
BENEDICTS PLAN BIG
BANQUET SPREAD SATURDAY
One Hundred and Fifty Mem
bers of Local Lodge Expected
to Attend Annual Event.
Willi preparations practically com
pleted, the llellcdiets' banquet' which
will lie held at the Elk's temple Sat
urday night promises to lie the most
elaborate affair of its kind ever held
in the history of Albany.
l overs will he laid for one hundred
and fifty guests and the preparation
ol the spread will lie under the direc
tion of Charles Ncclcv. the veteran
chef of the Klks' club. 'While the pro
gram lias not been announced. J. J.
Collins who is chairman of the com
mittee, is working out the plans for
the entertainment and has already se
cured Wilson's orchestra and other
musical numbers for the occasion.
The committee which has general
charge of the arrangements is com
posed of the following members of
the local lodge: 1'red Paw-son. J. J.
Collins, John Shea, bred Sennit?., A.
I.. Simpson and A. W. Itowcrsox.
TEXAS MAN ENGAGES IN
REAL ESTATE BUSINESS
Arriving less than a month ago
from Texas, D. C. McClure yesterday
closed the deal for the purchase of
the interest of N. 1). Pratt in the
Curtis Real Estate Company.
The business will now he conducted
under the firm name of Cowles ,
McClure in the same location occu
pied hy the old firm. McClure made
a trip to the Willamette valley several
years ago and was so well impressed
with the country that he concluded
to make his home here at some In
line date, lie says that it is a mai
ler of much , regret to him that he
did not purchase some real estate on
Ills fust visit.
s-)
S 1?" -..',"'Vr'l5e !' I
WEDNKSDAV i!PB ( Von
LUNhaUAY, tEB. S. 1913.
(y
FAILS SUDDENLY!
Defendant in Liquor Case Just
Couldn't Remember Anything
in Court This Morning.
TRIAL STOPPED AND EXPERT
STENOGRAPHER SENT FOR
Mental Faculties of Witness
Return Quickly When Trial
Is Resumed; Guilty.
The case of Oregon vs. E. D. Hen
ry of Harrisburg who was Jndicted
recently by the grand jury for selling
intoxicating liquors to Claude Hard
esty in violation of the local option
laws was given to the jury this morn
ing shortly after 11 o'clock and after
being out nearly an hour a verdict of
guilty was returned.
When Hardesty was placed upon
the witness stand this morning to tes
tify in behalf of the state, his mem
ory suddenly failed him and the pros
ecuting attorney, Gale S. Hill of this
city, used every effort in order to get
Hardesty to relate what he had tes
tified to before the irraud jury recent
ly. The efforts of the district at
torney and his deputy were of no avail
It YjV l ''Vr :!
thing, his memory was a blank, and
lie wmildn t say positively that Henry
was the man who sold him the liijuor.
The district attorney, knowing what
Hardesty had previously related to
the grand jury, informed I lardestv
that he was making himself liable to
neriurv and then tin 1ri:il w.-is Urnmed
Judge Kelly ami District Attorney
I Hill sending out after an expert ste
! lographer to take down the testimony,
j When C. D. Uaue.li, the local expert
court re-porter arrived at the court
house a few minutes later the trial
i was resumed and lo ami behold, Hard
esty s memory was found to he work
ing pettVe?ry.
I mport.'oit bits of testimony poured
forth from his mouth without inter
ruption, like water from a faucet.
Hardesty was absolutely positive that
Henry was the m:in who so'hf him the
limmr at Flarrtsburg and he was
equally as- positive in his testimony
during the remainder of the trial.
Ilcrt Da-vis, the piano tuner, this
morning left on a tour of tlw neigh
boring towns.
Miss Kitnna Thrift went tta Salem
for a few days' visit.
Mrs. Dr: Sic vers, of Sunrise, and
mother, left this morning for Port
land, the titter on her way to her
home at Hakcr City, after a visit here
of several' mouths.
W. 1. Uh'n and family this' morning
returned ru Mill City, where Mr. Olin
is working in one of the logging
camps of the Hammond Lumber Co.
On account of snow the camp has
been idlo for awhile.
J. F. Robinson, of Portland, return
ed home this morning after a visit
with his daughter, Mrs. Littler.
ACKERMAN PLEAD GUILTY
Til SELLING LIQUOR TODAY
Failed to Appear for Trial on
Monday and Bonds Were
Forfeited by Court,
v") Ed Ackerman of Shcdds who IS
s failed to appear in court at this
city last Monday when the case
-fl charging him with selling iutox-
icaling liquor in violation of the
local option law was called ami
whose bonds at that time were
-. declared forfeited by the court,
appeared in court this afternoon ('
and plead guilty to' the charge.
Through some misunderstand-
ing Ackerman failed to appear
for trial last Monday and his 8
-9 cash bond of $.'5l) was forfeited
w by the court. He came to Al-
bauy today on his own accord
W and plead guilty to the charge for
w hich he had been recently in-
dieted by the grand jurv.
-? " '
j)
THE CORVALLIS PRINTING
COMPANY WAS ROBBED
The Corvallis Republican has the
following to say in regard to a rob
bery which occurred in that city:
The Corvallis Printing company has
twice been visited by a light fingered
crook. December .11 the cash drawer
was touched for $7.50 but the loss
secured no publicity as the local pa
pers could hardly ' credit the state
ment that a printing concern had $7 5(1
all at once. January 1st. the loss was
15 cents, a more plausible amount.
Mr. Oubruillc is convinced that he
could name the party who has thus
attached himself, unsolicited, to the
company's payroll, but as yet lacks
sufficient evidence to warrant an ar
rest. C. McClure, recently of Michi
f; ""URni ine interest ot ,. U.
Pratt in the Curtis Real Estate of-
nee. and will be associated with Mr
Cowles in the business
ANNUAL REPORT
Secretary Civic Improvement
Club Gives Interesting
Facts and Figures.
CLUB HAS FUND FOR AIDING
VICTIMS OF TUBERCOLOSIS
Members of Organization Have
Aided Materially in Social
and Commercial Progress.
According to the annual report of
Mrs. Levi E. Tracy, secretary of the
Civic Improvement club of this city,
the number of members of the club
for which federation dues are naid to
January 1, 1914, is 50; the number of
regular meetings held was 9; the num
ber of regular meetings held without
a quorum, 3; the number of board
meetings, 16.
The secretary's and treasurer's re
ports balance. Hy check from form
er treasurer $109.41; receipts from
apple fair and dues. SI8.50: total.
$127.91. This amount did not come
to the secretary, but appears in the
treasurer's report. , .. ,
1 lie money received by the secre
tary from all sources was S59.1.54:
mi faired' paid; VVMl
balance In bank, $81.7S; total receipts,
note at i'lrst National Mank naid.
$374.00: cash in ban!;. SS1.7H.
All bills are paid and 204 postcards
arc jin hand. The secretary's annual
report is signed by Mrs. I. K. Weath
erford, president; Mrs. ,R, C. Hunt,
treasurer; Mrs.. Levi K. Tracy, secre
tary, and Mrs. H. A. .Velson, chairman
of the executive board.
Club Has Tuberculosis Committee.
In 1911, the president of the Civic
Improvement club appointed a com
mittee consisting of Mrs. Levi Tracv.
Mrs. R. C. Hum and Mis Flora Ma
sou to C'ltiduct a sale ol Red Cross
Seals the pro'cevds of which were to
be used toward ';rocurin health for
white 'ilf. tie victims v.-ho mie;ht not
I Jtt the ncans to take care of them
selves. This s::!c netted the stun of $.sl.00.
wVcu si'.in stands to the credit of the
loeaf committee for use at their (lis
civtion a-id th, v lesire to use :t for
M. c-.r.Tse for whrch it was raised.
If rlu-re is anyone in Albany suffer
ing from the white plague and finan
cially unable to care lo'r themselves,
tiny are reiiucsted to notify any. one
of the committee above named. While
the fund is on deposit with the state
committee at Portland, it was sent to
thai city with the understanding- that
it was. to e used for the benefit of
white plague sufferers in Albany,
where the niouev was all' raised.
The Civic Improvement club of
lids city has not only been active
aio'iig philanthropic lines during the
past year but has also, been proiri
uenlly identified with the commercial
and social progress of tire city as well,
and has already made a reputation as
beint; i lie of the strongest organiza
tions of its kind in the entire i-'tate.
ASH WEDNESDAY OBSERVED
HERE TODAY AT ST. MARY'S
Lenten Season Opens Today
and Continues Until Easter
Sunday, March 23.
Today is Ash Wednesday which
marks the opening of the Lenten sea
son and the day was observed in Al
bany this morning at St. Mary's
Catholic church by the blessing and
conferring of ashes.
A service will he held at 7:30 o'clock
this evening- when the first of a series
of Lenten services will be given. Dur
ing Lent, services will be held daily
at St. Mary's church, the morning
service at 8 o'clock and evening serv
ices on Wednesdays, Fridays and
Sundays at 7:30 o'clock.
"The Sacrament of Penance" will
be the subject for the mid-week ser
mon and "The Passion of Christ" for
the Sunday service. The public is
cordially invited to attend these serv
ices. F'or the next 40 days penitential ser
vices will be held daily, especially in
Fpiscopal and Catholic churches, to
commemorate the fast of the Christ
in the wilderness, for today is Ash
Wesdnesday, the opening day of Lent.
Faster day, which marks the close
of Lent, falls unusually early this year.
March 23 to be exact, and all dates
are taken from it. Yesterday was
Shrove Tuesday, a day o'f preparation
originally, whose purpose has been
lost sight of. which is more noted in
England as Pancake day.
Mrs. Christensen. Christian Science
healer, went to Lebanon this morn
iiiu. J. R. Metzger, the logging expert,
went to Salem. It will be at least a
month before he begins his annual
8,000,000 foot logging trip down the
racing waters of the Santiam.
Prof. Kent, of the O. A. C. and Mr.
and Mrs. I'ndcrhill. of Salem, went
tin lo Lyons to speak at a big cream
ery meeting to be held there today.
Rev. and Mrs. Emerson will keep
open house at their residence, 717.
Broadalhin street, for the members
of the First Christian church and their
friends tomorrow, Thursday, Feb. 6th,
during the hours between 2 and 5 in
the afternoon and 7 and 10 o'clock in
the evening.
STUART-BLUNT WEDDING
IS SOLEMNIZED TODAY
Popular Albany Young Lady Is
Married to Prominent Young
Travelling Man.
A pretty wedding was solemnized
at 2 o'clock this afternoon at the
Wood apartments on Third street,
when Miss Maude C. Hlount was unit
ed in marriage to Wayne H. Stewart,
tne Kev. Albyn lisson, formerly pas
tor of the First Christian church of
ficiating. Only the immediate rela
tives of the young couple were in at
tendance at the ceremony which was
a private one.
The bride is the eldest daughter of
Councilman and Mrs. Fred T. Blount
of this city and is a young lady of
estimable character, having a host of
friends in this city where she has re
sided all her life. She is a graduate
of the Albany High school,
The groom is the traveling sales
man for Lang and Company, whole
sale grocers of Portland, in whose
employ he has been for many years.
He covers the territory from Port
land to Ashland and is one of the
most popular traveling men on the
road today, having a host of friends in
every city in the Willamette valley.
ne is aiso one ot Oregon s most
prominent horsemen and is a lover of
horses and has officiated as judge of
the races at many of the largest fairs
that have been held in this state in
recent years.
Mr. Stewart is held in high esteem
by his employers and is a young man
of splendid business judgment and
ability. He has made his headquar
ters in this city for several years and
returns to Albany, every Saturday ev
ening after his week's work. He has
many friends in Albany and Linn
county and their best wishes are ex
tended to himself and hri.l,.
The iiewlyweds will not take a
bridal trip and will begin housekeep
ing immediately in their attractive and
comfortably furnished rooms at the
Woods Apartments on East Third
street. Among those who attended
the wedding ceremony this afternoon
was Mrs. Del Stuart of Portland .1,..
mother of the groom. .. '
TACOMA MAN BUYS THE
ROBINSON VARIETY STORE
New Stock and Fixtures Being
Installed; New Owner Pro
prietor of Roseburg Store.
L. D. Smnmerfield, a well known
Tacoma" business man, has closed the
deal for the purchase of the Robinson
Variety store which has- been operat
ed on Lyon street for the past year
by T. F. Robinson.
Air. Suiumerficld owns a store o'f
the same character at Roseburg and
has had a good many years of ex
perience in the same line of business.
The store is now being- remodeled,
new goods and up-to-date fixtures be
ing installed.
Vhen opened it will! be known as
the Five. Ten and Fifteen Cent store,
and will be managed by .Mr. Summer
field, father of the owner.
PROMINENT NEBRASKA MAN
MAY LOCATE HERE
Former Lieutenant Governor
Was Here Two, Days and
Likes Hub City.
Declaring that Albany is one of the
best cities he has visited on his tour
of the Pacific coast, Hon. A. W.
Agie, former lieutenant-governor of
Nebraska, left here last night after
making a thorough investigation o'f
local conditions with the idea of mak
ing his permanent home in the Hub
City. x
-Mr. Agie is now a resident of Og
den, Utah, but prior to locating at
that place served one term as lieutenant-governor
of the state of Nebraska.
He now desires to' locate at some
point on the coast and retire from
active business. He is a lawyer and
is said to have accumulated a large
amount of property. He left here
on the southbound train for Califor
nia points and stated just before leav
ing that he would not decide definite
ly upon a location until he had visited
a number of pkecs in California.
FORMER ALBANY RESIDENT
VISITING FRIENDS HERE
Arriving this week from Champion,
Alberta. D. A. Holman, a former resi
dent of this city, is visiting at the
home of J. W. Newman.
Mr. Holman left Albany several
years ago, and expressed himself as
greatly surprised with the growth and
development in the Willamette -Valley
since his departure. He once
owned the place known as the Thomas
Williamson farm in the North Albany
district. He will leave in a few days
for Sonora. Mexico, where he will
look after some real estate interests.
H. D. Burkhart, a prosperous farm
er residing in the vicinity of Albany
called at the Democrat oft'ice today
and renewed his subscription for an
other year. Mr. Burkhart stated that
his father was one of the first sub
scribers to the paper, his name being
enrolled on the subscription books in
the year 1865.
T
IE
Fight Is on in .Road District
Number 19;Residents Would
Open Highway.
NEW BRIDGE IS ASKED
TO SPAN THE SANTIAM
Thomas Road Matter Will Come
Up on Appeal for the Final
Hearing This Afternoon.
Convening the January term at 9
o'clock this morning, members of the
county court spent the greater portion
of the forenoon session in listening to
the arguments from the taxpayers of
district number 19 in regard to the
opening of a new road in that section
of the county.
The application is made by Chris
topher Clem and other residents of
the district and requests the opening
of nearly a mile of new road 21A miles
southeast of Lebanon. Nearly twen
tv residents of this district appeared
before the county court this morning
and presented the claims o'f the con
tending factions. No definite action
was taken, the court taking the entire
question under advisement for a few
days.
The application of Thomas and oth
ers for a new road in district No. 25
will be presented lo the court for final
hearing in the form of an appeal from
the viewers' report. This road is lo
cated, in the vicinity of Jordan, and
the matter will be disposed of late
this afternoon.
A petition for a new wagon bridge
across the Santiam river five miles
this side of Mill City was filed with
the court this morning and taken un
der advisement. The proposed bridge
and road would connect the Eox val
ley and Marion county roads.
Mrs. Allen Cox of Camas. Wash
ington. is visiting at the home of her
parents, Mr. and Mrs. C. G. Cowles
of this city.
Come on and bring a
friend to see Snyder
draw out your plow-lay
Donft fail to see our
NEW POWER
HAMMER
404 East Second St.
Albany
High-Top
SHOES
at
REDUCED
PRICES
$8.50 17-inch heavy, tan,
Paris veal, Goodyear welt,
two rows stitching on
soles and two full soles to
heel. With or without
buckles at tops. Made
over a Hi-Toe or broad
toe last. Splendid wet
weather shoes that will
stand the wear CC QC
now . . . pOyo
16-inch top $6.45
12-inch top 5.45
9-inch top 4.85
6-inch top 3.85
$5 Chippewa Cruiser, a
shoe that will stand the
hardest wear and keep
your feet dry. CC
Now . . . P0.0o
McDowell Shoe
Company
Opposite Post Office
Postage FREE by parcels
post. Money cheerfully re
funded on any shoes not
satisfactory
iMen's!