Urcnon Historical society
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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