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About Medford mail tribune. (Medford, Or.) 1909-1989 | View This Issue
Urcnon Historical society A,- n', , m.... . "r Rogue River Orchards Yield $1000 an Acre Annually MEDFORD MAIL TRIBUNE FOURTH YEAR. MEDFORD, OREGON, MONDAY, NOVEMBER 1, 1909. ..No. 193 .0 . JURY BRINGS IN VERDICT FOR S.P. D. W. Hazel Loses Out in Suit for $20,150 Damage Suit Against the Southern Pacific Company. MOTION FOR NEW TRIAL OFFERED BY PLAINTIFF ah ... i " 1 1 M Lumber Suit for Breach of Contract Now Under Way in the Court. The jury in tho case of D. W. Hiv zel vs. tho Southern Pacific company for personal adnmages in the sum of $20,150 for personal injuries receiv ed by being struck by ono of tho de fendant company's train in the fall of 1908, brought in a verdict Into Satur day night in favor of tho defendant. Tho case occupied tho attention of tho federal couVt for tho last three days of last week and was closly contested by tha counsel on each side. Tho jury went out Saturday after noon nad their deliberations were only concluded at 11:30 that eve ning. At tho opening of tho court Monday morning a mation for a now trial was mado by tho plaintiff and 30 days granted by tho court jnvvhich to -prepare and filo tho same. . Tho jury was comprised of R. II. Whitehead, J. M. Lofland, G. G. Bris coe, R. G. Grimmett, J. W. Dodge, G. R. Cartor, J. L. McColm, J. R. Maokin, S. L. Bennett, A. Coleman, IT. II. Tay lor, A. C. Hubbard. Lumber Case Is On. Tho case of tho LaMoino Lumber & Trading company and Griffin Kel ly company cs. Kesterson- & Silsby for damages for an alleged breach of contract on tho part of defendants, is now under way in tho court. Tho complnint sots out that in 1905 tho Griffin Kolly company contracted with tho firm of Kesterson & Silsby for tho entire cut of certain sawmills operated by defendants to bo deliv ered at Woodvillo, tho minimum cut to bo 5,000,000 feet, wwhich was aft erward modified to 4,000,000 feet, which contract was not filled except ing in tho delivery of somo 840,000 feet. Tho defendants deny and clnim that through somo faulty grading and oth er onuses attributable to tho action of tho Griffin-Kelly company, tho lumber was mndo to appear -of grcnt ly inferior vnluo than it really was nnd that for theso rensons tho do fendnnts worq subject to a loss ag gregating $1000 nn dthnt owing to the action of tho plaintiff they were compelled to rescind the contract. W. D. Fonton appears for tho plain tiffs nnd R. G. Smith for tho defend ants. . Following tho jury empaneled to try tho case: Thomas Riley, A. II, Peachy, Thomas Perry, S(im Ilowlott, A. Gris soin, J. W. Dodge, J. W. Cox, B. F, Ilemstreot, W.. II. Ramsey, S. L. Ben nett, James Kershaw, Tyson Boall. This will bo tho last pasa to bo con sidered at tho present term of tho court and on its completion tho oouit will adjourn until tho next term in Ootobor of next year. W. H. Canon has boon appointod deputy clerk for both tho United States circiut and district courts. ' Will Hendricks of E.itto, Mont., is "spending n few days vith Mr. nnd Mr. C. W. Hendrioks in WestMed. ford. COMPANY RECEIPTS LAST MONTH TOPPED EVERY RECORO October Business Greatest Ever Known in Local Postoffice. Beats Last Christmas. 1 LACK ONLY A FEW DOLLARS OF TOTALING $2000 ! , .. as Increase in Year's Business Is Over $2500 Another Clerk Employed. Tho postal recoipts for October wcro tho largest over known in tho history of tho local postoffice, top ping by $200 tho Christmas month of last year. The recoipts totaled $1900.14. Tho receipts a year ago hi October wore $1517.20, while for De cember, always heavy month, thoy were $1733.49. .Tho receipts for tho' year ending Octob'er 31, 1909, woro $18,183.83. For tho year ending October 31, 1008, they woro $15,733.03. Ruthorford Korr, who recently took! tho civil service examination and passed creditably, started at work in tho postoff ioe 'Monday. NEGRO KICKS AGED VETER1T0 DEATH Accidentally Kicks Dice in Street Game and Is Kicked to ' Death by Negro. TERRE HAUTE, Ind., Nov. 1. A posse is searching for Sum Swope, a negro, who kicked to denth Arthur Smith, a civil war veteran. If tho nogro is apprehended ho will bo rough ly handled. Smith accidentally kick ed over tho dico in a street game. Despite his apologies, th6' nogro knocked him down, kicked him to death and escaped. KILLS DEER ALMOST IN ASHLAND CITY LIMITS ASHLAND, Nov. 1. Saturday af ternoon ns Ves Grow was walking along iho county road noar Kings bury soda springs just south of town, ho saw a deer walking leisurely to ward tho road. Turning back to a neighbor's house, ho borrowed a gun and roturned to tho spot. Tho deer had turned back across tho creel; but Grow loented it but a short dis tance from tho place ho first saw it and planted a bullet directly between its eyes, It proved to bo a fat fivo pronged buck. What drove it so closo to the lino of travel is a mys tery. ENGINEER SAWYER REPORTS WORK RUNNING SMOOTHLY E. B. Sawyer, tho locating engineer for tho Pacific & Eastern railroad, came into Medford Saturday evening to transact businoss nnd visit his ninnj friends. Mr. Sawyer reports work running smoothly, with two miles of new snow nt headquarters which is loented some 12 miles nbovo titlhouse, Ashland now claims to Butte Falls. Mr, Sawyer left forjhave the biggest institution of the the front on this morning's train. klud porth of the Sutro batlj. D TO EIS TIMBER CLAIM Well Known Mining Property on Poorman Creek Is Filed Upon as Timber jtr--Land. rfF- OWNERS SURPRISED TO LEARN OF THE CLAIM Neither Owner Aware of Filing Until - So Informed by Special -Agent. , In common with several other min ing men in tho soufhern Oregon dis trict, J., D. Cook and G. E. Howland, who have operated a mine on Poor man creek near Jacksonville for tho past 12 years, have found that a timber clnim has been filed against it. Thoy are in tho city now looking tho mnttor up. "Tho Cook & Howland mine has been what you might call jumpod,"' said Mr. Cook. "At least a timber, claim has been filed upon it, nnd tho strnngo part of it is that neither Mr. Howlnnd nor myself woro nwnro of it until nftcr the matter had gone to final proof. The mino has been work ed for many years, for tho past 12 by tho present owners, and is ono of tho woll known hydraulic mines of that district, and nothing was farther from our minds than tho idea that anyone would attempt to acquire it ns a tim ber claim, especially as tho party who filed tho clnim know the property al most ns woll ns ourselves. Therefore wo were very much surprised when wo woro informed by Mr. Davis, spe cial agent of the laud department, of who had been done. Wo do not ap prehend any difficulty in establish ing our right to tho property, as wo can bring amplo proof that wo have constantly worked tho mino ovory sea son, nnd havo proof positive in tho presonco of sovornl men who nro now nt work on tho mino." Messrs. Cobk & Howlnnd nro also connected with tho Three Pines Lum- bjr company of Jump-Off -Joo district in Joseophino county, which has com pleted one of tho largost milling plants in southern Oregon and will have t in full operation soon. TI103' havo just finishod a log pond at thoir mills nn Jump-Off-Joe, which is capable of holding 5,000,000 foot of timber, nnd they hnve also completed thoir lum her flume of 11 miles in 1 crigth, through which tho lumber will be floated from tho mills to tho Three Pines sour on tho Southern Pacific, several miles north of Grants Pnss. A steam logging outfit will also be put in nt onco, making tho equipment of tho mill comploto. OPENING OF NATATORIUM P (tO VES MARKED SUCCESS ASHLAND, Or., Nov. 1. The open ing of tho Ashland Mineral Springs natatorium Saturday was u marked success. In tho afternoon hundreds visited tho big bath house to enjoy n oliingo or watch tho bnthevd. In the ovening Bob Overdorf of Seattle gavo exhibitions of sw'mmiug. The big dance pavilion was crowded un til midnight with morry couples keep ing timo to tho music of Jordan's or chestra. Fully two thousand per sons visited tho natatorium during the aftornoon and evening. With the formal opening oc the new SURPRISE FIND MN ALL MAIL FROM SOUTH HELD UP Y BAD CAVE-IN ysti&r Conductor and Brakeman Killed In Accident Near .Kennett 11 Traffic Temporarily Blocked. PROBABLY NO MAIL FROM SOUTH BEFORE WEDNESDAY No. 12 Went Through This Morning, but Will Be Last Ono for Some Time. Owing to a cavoin end wreck on tho Southern Pacific line near Kennett, Cal., Sunday night, in which u con ductor nnd brnkeman of a froighl woro killed, there will probably bo no mnil from tho south before Wednesday I if then. j The accident occurred in a tunnel near Konnott. Tho tunnel, according to monger reports received hero, sud idonly caved 4n, catching tho train nnd i killing ono of its brakemen and the I conductor. Tho cnbooso was domol I ishod. The envein has completely blocked traffic and it will be two or threo days before tho lino is cleared. A stub will probably bo run out of Ash land tonight on lG's time. MARTIN BOUND 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 relioving J. J. Floury of his sur plus change in tho back yard of one of tho saloons on Front street, was bound over to appear boforo tho grand jury by Justicq Canon this morning nnd was taken to Jackson ville and lodged in tho.cpunty jail by Chief Shearer this aftornbon. His bail wan fixed nt $200, which ho' was naturally not able to .furnish, hav ing been interrupted hV hiBoudcav ors to acquire wealth Saturday night, as before stated. MANY HALLOWEEN PARTIES ARE GIVEN IN MEDFORD Miss Edith Lois Dobinsou cntor tuincd n number of friends on Satur day ovening. Tho rooms wore deco rated in red nnd gold nnd horo nnd there n jnek-o'lantorn was seon. Those presont woro: Misses Mil dred Corey, Helen Monde, Irene Nor ris, Emma Piel, Elsio Walters, Dor othy Baker, Louis Robinson, Edith Robinson, Marquett Fabriok, Lcnoro Godlovo, Dotty Shoults, Agnes Robin son, Ivn Mntiu. Tho Junior Athletic club wns giv en an AH-IInlloween party by Miss Johaim Anderson Enturday ovening. All of tho rites of All-IInllowcen woro observed, The seniors of tho high school woro given nn AI-Hnlloween pnrty at the homo of Miss Cordolia Goffo, near Central Point. Tho guests were entertained by musio and All-Halloween games. At a late hour luncheon was served. HUGHES HOLDS WHIP HAND BY S' DEATH For First Timo Since He Became Prominent Politcally, He Takes Over Leadership of Party. 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 u chnnco today holds tho whiphand in Now York and is in n position to secure and hold tho re publican organization for both the stnto and national campnign. For tho first timo since ho beenmo promi nont politically ho takes ovor tho lead ership if ho appoints a loyal man to succeed Comptroller Gnus, who died yesterday whilo on a hunting trip in Canada. Tho appointment of n loyal rntin means that the entire stnto patronage is in tho hands of tho Hughes ma chino, ns tho comptroller has much patronage Such n move wuT'givo Iho governor control of tho legislature and mnko it possiblo to foroo a pus sngo of diroot primary measure. J'n thusiastio friends nro predicting to day that ho will bo tho candidate for tho prosidoncy in 1912. TAYLOR TO BECOME COUNTY ENTOMOLOGIST George W. Taylor, who has boon county fruit inspector for somo time, will lonvo that offico soon, if tho plans of tho executive commit tee of tho Rogno River Vnlloy Hortr culturnl socioly do not miscarry. Mr. Tnylor will becomo county entomol ogist nnd will mnko collection first of codlin moth. By guthoring theso whilo in thoir cocoons nnd observing them, reliable data can bo secured ns to tho propor timo to spray. J. W. Myers will succeed Mr. Taylor na fmit inspector. Tho executive committeo met this moming in tho offico of Professor O Gam. Thoy havo on appointment with tho county court for Thursday morning, when tho proposed chnngo will bo discussed. $ MAYOR KINNEY HEAVILY INVESTS IN REAL ESTATE GRANTS PASS, Or., Nov. 1. An importnnt realty deal has just boon consummated whoroby Kittio Gray has sold hor handsome two-story brick block to Mayor II. C. Kinney for $12,000. Mrs. Gray is known to nil tho railroad men between Duns- mnir nnd Roscburg, having kopt n boarding houso Inrgoly patronized by railroad mon for a number of years. Tho briok is on Sixth stroot adjoin ing tho Grants Pass Banking & Trust company, and is ono of tho vnlunblo properties in tho city, DELEGATES RUSHING WORK TO MAKE UP LOST TIME NEW ORLEANS, Nov. 1. Dolo gates to tho waterways convention nro rushing their work in an offort to mnko up tho timo lost Saturday duo to tho lateness of Taft's arrival. Today's session will bo occupied by a report of tho rcsolutipns commit teo, which if adopted will advance a dofinito plan of deepening tho Mis sissippi nnd also make an estiranto of tho cost, AU NO LULL ORE THE STORM IN SAN FRANCISCO Fight for District Attorneyship in San Francisco Grows Warmer as -Finish of the Fight , j Draws Near. - . BOTH FICKERt AND t: iu. HENEY CONFIDENT. Outcome Means Closo or Continuance of Graft Trials After Three Years. SAN FRANCISCO, Nov. 1. Thero is "no lull boforo tho storm" to" tho campaign waging horo, which will tor minnto tomorrow. Tho battle editors in tho contest between Francis J. Ho noy and Charles M. Fiokort for tho . district attorneyship. Agents of each man dro rushing" nbout tho city and nro working fever ishly. Orators nro speaking whorovor n crowd gathors. Both Fiokort and Ilenoy nro guardod by armed detec tives. Honey is fighting for nn op-r portunity to finish tho graft prosecu tions, in which ho has been engaged fhreo years. ' - Both candidates are confident of tho outcome T IN GRANTS PASS Judge Hanna and District Attorney Leavo for Two Weeks in Pass. Circuit Judge II. K. Hanna loft Monday morning for Grants P.ass, whoro for tho noxt two wooks ho will hold court. Ho was accompanied by District Attorney B. F. Mulkoy. Tho dockot in Grants Pass fairly bristles with eases having to do with tho illegal Balo of liquor in that city, Tho court will roturn to Modford nt tho end of two wooks and on No vombor 10 will consider tho Bradshaw oase. SCHOOLS FORCED TO CLOSE ' OWING. TO DIPHTHERIA GRANTS PASS, Or., Nov. 1. With tho oxcoption of tho high school, the schools of Grants Pnss will be closed for an indefinite period on nccount of sovornl ensos of diph theria in tho city. There has boon only one death, tho young child of L. L. Jowoll, nnd nono of tho others nro in n dangerous condition. Sovor nl of tho business men nro tnkiug enforced boarding out spells, having boon quarantined by tho henlth of ficer from slcoping or taking meals in their homos. WATER FLOODS OUT THE WORKERS IN BASEMENT When tho workmen, engnged in ex cavating tho basomciit for tho now building being orootod on tho cor ner of Central nvenuo and Eighth street arrived for thoir day's work Monday morning they found a full grown swimming pool. The- old drain under the oporn houso hnd fillod tho pit with water. A forco pump w,as Installed. 't.ir
