Medford mail tribune. (Medford, Or.) 1909-1989, November 01, 1909, Image 1

Medford mail tribune., November 01, 1909, Page 1, Image 1

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Newspaper Page TextV ureiiun Historical bucieiy City Hall Rogue River Orchards Yield $1000 an Acre Annually Medfoed -Mail Tribune FOURTH YEAR. MEDFORD, OHEUON, MONDAY, NOVEMBER 1, 1909. .No. 193 JURY BRINGS 111 VERDICT FOR S.P. " D. W. Hazel Loses Out In Suit (or $20,150 Damage Suit Against the Southern Pacific Company. MOTION FOR NEW TRIAL . . OFFERED BY PLAINTIFF Lumber Suit for Breach of Contract Now Under Way In the Court. The jury in tho cose of D. W. IIu- ssel vs. the Southern Pacific company for personal adumnges in the sum of $20,150 for personal injuries receiv ed by being struck by ono of tho de fendant company's truiu in the full of 1008, brought in a verdict Into Satur day night in favor of tho defendant. Tho case occupied tho attention of the federal court for tho lust three days of Inst weok and was closly contested by tho counsel on each side. Tho jury went out Saturday after noon nad their deliberations were only concluded at 11:30 that eve ning. At the opening of the court Monday morning a motion for a new trial was made by the plaintiff and 30 days granted by the court jn-which' to pre pare and file the same.. The jury was comprised of H. II. Whitehead, J. M. Lofiand, O. O. Bris coe, R. O. Grimmett, J. W. Dodge, G. R. Carter, J. L. McCohn, J. R. Mnckin, S. L. Bennett, A. Coleman, II. II. Tay lor, A. C. Hubbard. Lumber Case Is On. The case of the LaMoino Lumber & Trading company and Griffin Kel ly company cs. Kesterson & Silsby for damages for an alleged breach of contract on the part of defendants, is now under way in the court. The complaint sets out that in 1905 the Griffin Kelly company contracted with the firm of Kesterson & Silsby for the entire cut of certain sawmills operated by defendants to be deliv ered at Woodville, the minimum cut to bo 5,000,000 feet, wwhich was aft erward modified to 4,000,000 foot, which contract was not filled except ing in tho delivery of some 840,000 feet. '. The defendants deny and cluim thnt through some faulty grading and oth er causes attributable to the action of the Griffin-Kelly company tho lumber was made to appear -of great ly inferior value than it really wns nnd that for these reasons the de fendants were, subject to a loss ng grcgating $1000 an dthat owing to the action of tho plaintiff tlioy were compelled to rescind tho contract. W. I). Fcnton appears for tho plain tiffs nnd"R. G. Smith for tho defend nnts. Following the jury empaneled to try the case : Thomas Riley, A. II. Peachy, Thomas Perry, Sam Howlctt, A. Gris soni, J. W. Dodgo, J. W. Cox, B. F. Ilcmstreet, W.. H. Ramsey, 8. L. Ben nett, James Kershaw, Tyson Boall. This will be the last case to be con sidered at tho present term of the court and on its completion the court will adjourn until the next term in Ootobor of noxt year. ' W. H. Canon has been appointod ; deputy dork for both the United States circiut and district courts. Will Hendricks of E.itto, Mont., ii ' spending a few days -villi Mr. nnd Mrs. C. W. Hendrljk in West Med-ford. COMPANY RECEIPTS LAST MONTH TOPPED EVERY RECORD October Business Greatest Ever Known In Local Postofflce Beats , Last Christmas. LACK ONLY A FEW DOLLARS OF TOTALING $2000 I . ,. , - Increase In Year's Business Is Over $2500 Another Clerk Employed. The postal receipts for October were the largest ever known in tho history of the local pnstoffico, top ping by $200 tho Christmas month of Inst year. Tho receipts totaled $1900.14. Tho receipts u year ago hi Ootobor were $1517.20, whilo for De cember, always heavy month, they were $1733.40. .The receipts for tho year ending October 31, 100(1, were $18,18.1.8:1. For tho year ending October 31, 11)08, they were $15,733.0.1. Rutherford Kerr, who rocontly took, tho civil scrvioo examination nml passed creditably, started at work in the postoffioe "Monday. NEGRO KICKS AGED VETERAN TO DEATH Accidentally Kicks Dice In Street Game and Is Kicked to ' Death by Negro. TERRE HAUTE, Ind., Nov. 1. A posse is searching for Sam Swope, a negro, who kicked to death Arthur Smith, a civil war veteran. If the negro is apprebondod ho will be rough ly handled. Smith accidentally kick ed over the dico in a street game. Despite his apologies, the' ' negro knocked him down, kicked him to death and escaped. ' : KILLS DEER ALMOST IN ASHLAND CITY LIMITS ASHLAND, Nov. 1. Saturday af ternoon as Ves Grow was walking along the county road near Kings bury soda springs just south of town, he saw a deer walking leisurely to ward the road. Turning back to a neighbor's house, ho borrowed a gun and returned to tho spot. Tho deer had turned back across- the creeH but Grow located it but a Bhort dis tance from tho plane ho first saw it and planted a bullet directly between its eyes. It proved to be a fnt fivo pronged buck. What drove it so close to the line of travel is a mys tery. ENGINEER SAWYER REPORTS WORK RUNNING SMOOTHLY B. B. Sawyer, tho locating engineer for tho Pacific & Enstorn railrond, camo into Medford Saturday evening to transact business and visit his many friends. Mr. Sawyor reports work running smoothly, with two miles of new snow at headquarters which is located somo 12 miles abovo Butte Falls. Mr. Sawyer loft for tho front on this morning's tram. TO FIND MINE IS TIMBER CLAIM Well Known Mining Property on Poorman Creek Is Filed Upon as Timber t Land. OWNERS SURPRISED TO LEARN OF THE CLAIM Neither Owner Aware of Filing Until - So Informed by Special Agent. In common with soverol other min ing mvii in the southern Oregon dis trict, J. 1). Cook mid G. E. Howlaud, who havo operated a inino on Poor man creek near Jacksonville for tho pust 12 years, huvo found that a timber claim has been filed against it. They are in the city now looking I tin matter up. "Tho Conk & Ilowland mine has been what you might call jumped,'' Haiti Mr. Cook. "At leant a timber claim has been filed upon it, and tho strungo part of it is that neither Mr. Howlaud nor myself were aware of it until after tho matter had gouo to final proof. The miuo bus been work ed for ninny years, for the past 12 hy the present owners, and is one of the well known hydraulic mines of that district, and nothing was further from our minds than the idea that anyone would attempt to ncquiro it as a tim ber claim, especially as the party who filed tho claim know tho property al most as well as ourselves. Therefore wo were very much surprised when wo were informed by Mr. Davis, spe cial agent of the laud department, of who had been done. We do not ap prehend any difficulty in establish ing our right to tho property, as wo can bring ample proof that wo have constantly worked the mine evory sea son, and have proof positivo in tho presence of several men who are now at work on the mine." Messrs. Cotik & Ilowland are also connected with tho Three Pines Lum bar company of Jump-Off -Joe district in Joseephuio county, which has com pleted one of tho largest milling plant in southern Oregon and will havo it in full operation noon. They have just finished a log pond at their mills on Jump-Off-Joo, which is cnpablo nf holding 5,000,000 foot of timbor, and thoy have also completed their lum ber flume of 11 miles in 1 cngth, through, which the lumber will be floated from tho mills to tho Three Pines sour on the Southern Pacific, several 'miles north of Grants Pass. A steam logging outfit will also bo put in at once, making the equipment of tho mill complete. OPENING OF NATAT0RIUM PftoVES MARKED SUCCESS ASHLAND, Or., Nov. I.--TI10 open ing of tho Ashland Mineral Springs nntiitorium Saturday was 11 marked success. In tho afternoon hundreds visited tho big bath house to enjoy a nliingo or watch tho hnthevs. In the cvcniiif; Bob Ovordorf of Seattle gavo exhibitions of swimming. The big dance pavilion was crowdod un til midnight with merry couplos loop ing timo to tho musio of Jordan's or chestra. Fully two thousand por snns visited tho natatnrium during tho aftornoon nnd ovoning. . With tho formal opening ot the new M'thhouso, Ashland now claims to jiiavo 1 ne uiggesi insuuiuon nr. 1110 kind rc-rlli of tho Sutro bathi. SURPRISED ALL MAIL FROM SOUTH HELD UP BY DAD CAVE-IN m,-; Conductor and Brakeman Killed In Accident Near Kennett Traffic Temporarily Blocked. PROBABLY NO MAIL FROM SOUTH BEFORE WEDNESDAY No. 12 Went Through This Morning, but Will Be Last One for Some Time. Owing to a cavein and wreck on the Southern Pacific lino near Kenned, Oil., Sunday night, in which a eon- ! doctor and brnkciniiti of n freight ; were killed, there will probably bo no mail from tho south before Wednesday .if then. j Tho accident occurred in a tunne! near Kennett. Tho tunnel, according ! to meager reMirlH received here, sud denly caved in, catching tho train and i killing one of its hrnkemcn and the .conductor. Tho enhooso wan don-.nl- i ished. I Tho caveiu has completely blocked i traffic and it will bo two or tlireo !dnys before the line is cleared. A iHtuh will probably bo run out of Ash land tonight on 10's time. OVER BY CANON , Bond Fixed at $200 Taken to Jack sonville and Lodged In In Jail. Lewis Martin, tho man who was captured Saturday night by Night watchman Murdock, whilo in tho act of relieving J. J. Floury of his sur plus change in tho back yard of one of tho saloons on Front street, was bound over to . appoar beforo the grand jury by Justice Canon this morning nnd wns takon to Jackson ville nnd lodged in tho .cpunty jail by Chief Shearer this' afternoon. His bail woi fixed at $200, which ho' was naturally not able to furnish, hav ing been interrupted in hiel'aVdcnv ors to acquire wealth' Saturday night, as beforo stated. " MANY HALLOWEEN PARTIES ARE GIVEN IN MEDFORD Miss Kdilh Lois Robinson ontor Inined a number of friends on Satur day ovoning. Tho rooms wore deco rated in red and gold and hero nnd there a jack-o'lantorn wns soon. Those present were: Misses Mil dred Corey, Helen Meade, Ireno Nor ris, Emma Piel, Elsio Walters, Dor othy Baker, Louis Robinson, Edith Robinson, Mnrqnett Fabrick, Lonore Oodlovo, Dotty Shoults, Agnes Robin son, Iva Matin. Tho Junior Athlolio club was giv- 011 an All-IIallowoon party by Miss Johann Anderson Eaturday ovoning. All of tho rites of All-Iinllowcon wore obsorvod. Tho soniors of tho high school wore givon on Al-IInllowcon party at the homo of Miss Cordolia Gof fo, noar Central Point. Tho guests wore entertained by music and All-Hollowoon games. At a late hour liinchoon was served. HUGHES HOLDS P HAND BY GAUS' DEATH For First Time Since He Became Prominent Polltcally, He Takes Over Leadership of ' Party. " "i GAINS CONTROL OF ALL ",. PATRONAGE IN STATE Enthusiastic Friends Putting Him Forward as Presidential Can didate In 1912. NEW YORK, Novo. 1. Governor Hughes through a chance today hoMs the whiphund in New York and is in a position to socuro and hold the re publican organization for both the Htnte and national campaign. For the first time since he became promi nent politically ho takes over tho lead ership if ho appoints a loyal man to succeed Comptroller Gnus, who died yesterday whilo on a hunting trip in Canada. The appointment of a loyal man means that the cntiro stale patronage is in the hands of tho Hughes ma chine, ns tho comptroller has much patronage. Such a move will give the governor control of tho Icgilaturc and mnko it possible to force a pas sage of direct primary measure.' J'.n thusiastio friends are predicting to day that ho will bo the candidate for tho presidency- in 1912. TAYLOR TO BECOME COUNTY ENTOMOLOGIST Georgo W. Taylor, who has boon county fruit inspector for some time, will leave that offico soon, 11 tho plans of tho exocutivo commit too of tho Rogue River Valley Hortr culturnl society do not miscarry. Mr. Taylor will become county entomol ogist and will make collection first of codlin moth. By gathering these whilo in thoir cocoons and observing them, reliable data can be secured as to tho proper timo to spray. J. W. Myers will succeed Mr. Taylor as fruit inspector. Tho exocutivo committee met this morning in the office of Professor O'Gnra. Thoy havo an appointment with tho county court for Thursday morning, when tho proposed change will bo discussed. ' MAYOR KINNEY HEAVILY INVESTS IN REAL ESTATE GRANTS PASS, Or., Nov. 1. An important realty deal has just boon consummated whereby Kittio Grnv has sold her handsome two-story brick' block to Mayor II. C. Kinney for $1.2,000. Mrs. Gray is known to all tho railroad 111011 botwoon Duns- muir nnd Rosoburg, having kept n hoarding houso largely patronized by railroad 111011 for a number of years. The brick is on Sixth street adjoin ing tho Grunts Puss Bunking & Trust company, nnd is 0110 of tho valuable properties in tho city. DELEGATES RUSHING WORK TO MAKE UP LOST TIME NEW ORLEANS, Nov. 1. Dole gales to tho watorwnys convention are rushing their work in an effort to mnko up tho timo lost Saturday duo to tho lateness of Taft's arrival Today's sossion will bo ocoupiod by a report of tho resolutions commit toe, which if adopted will advnnco a definite plan of deepening the Mis sissippi nnd also mnko an estimate of the cost. HO LULL BEFORE ' THE STORM III AN FRANCISCO Fight for District Attorneyship In San Francisco Grows Warmer as -Finish of the Fight , ; Draws Near. BOTH FICKERT AND iiw HENEY CONFIDENT Outcome Means Close or Continuanre of Graft Trials After Three Years. SAN FRANCISCO, Nov. 1. There is "no lull beforo the storm" lo tho campaign waging here, which will ter minate tomorrow. Tho battle centers in tho contest between Francis J. Ho ney nnd Chnrlcs M. Fickert for the district attorneyship. Agents of each man are rushing about tho city and are working fever ishly. Orators are speaking wherever a crowd gathers. Both Fickert and Honoy ore guarded by armed detec tives. Honey is fighting for an op portunity to finish tho graft prosecu tions, in which he has been engaged three years. Both candidates ore confident of the outcome. COURT CONVENES IN GRANTS PASS Judge Hanna and District Attorney Leave for Two Weeks In Pass. Circuit Judge II. K. Hanna left Monday morning for Grants Pass, whoro for the next two weeks he will hold court. Ho wns accompanied by District Attorney B. F. Mulkcy. The docket in Grants Pass fairly bristles with cases having to do with tho illegal Bale of liquor in that city. Tho court will return to Modford at tho end of two weeks and on No vember 10 will consider the Bradsb.vw ease. SCHOOLS FORCED TO CLOSE OWING. TO DIPHTHERIA GRANTS PASS, Or., Nov. 1. With the exception of the high school. the schools of Grants Pass will be closed for an indefinite period on account of soveral coses of diph theria in tho city. Thcro has boon only ono death, the young child of L. L. Jowoll, and 110110 of tho others nro in a dangerous condition. Sever al of tho business men nro taking enforced boarding out spells, having beon quarantined hy tho health of ficer from sleeping or taking meals in their homes. WATER FLOODS OUT THE WORKERS IN BASEMENT Whon tho workmen, engaged iu ex cavating tho bnsomont for tho now building hoing crcotcd on tho oor nor of Contrnl avenue and Eighih slroot arrived for thoir day's work Monday morning thoy found a full grown swimming pool. Tho old drain undor tho oporn houso had filled the pit with water. A force pump was installed.