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!