Ik
tttina
. Klomnth Falls' Kirst
v and Best Daily.
Our Advertisers Get
The Best Result.
Tiimo V"AU' No' 7D7-
KLAMATH FALLS, OREGON, WEDNESDAY, MARCH 3, 1909.
Price 6 Cents
fto
'lefala.
MOVING SHOVEL
TO UPPER LAKE
(iiiaiik riMHiii:i iii:i.ov rm'.
TIIAINH 'IO TIIIH CITV IIV
MIIIDMC Ol' AI'IIIL.
peiirlni; tor thu defendant, admitted
tlml his motion wiih too Idle, but liu
auiiImI to show up HOlriK of tin, ir,.
iiulons of the uiont Oniuil Juiy.
Ilu MttiKil Unit tin, defendant lu tho
(inn hnd been summoned bcifriro Unit
body mill put on dm miiinl to give
ovldence nrnlrint himsilf without be
Iiik Informed Unit lie. waa not compell-
oil lu (III MO
I'roo-cuiltii' aiiiimii.v ifn.i,..i,.ii
llrleksou tuiioiiilMl to III- ultlilim of Judge
I'.ultlc con. Wllo ti.u motion wu.. overruled
uy the Couit una cuutmvl lor de
femie enleicd a plea of not guilty
Whim Court tunvunuil UiH morn
Iiik Judgo Heiiion r"injnti il thnt the
Irlnl be not for March R, ami dm
Court grunted thu rofiiest
Tlic tililini shovel of
Pttti't. "Itf KnuHi'irn
ii.iiok. uhlcli In o been m work
so the cut below tin) city. was
trougbt lip lliv Inkn this morning on
a banco nnil unloaded Hi Oak street
TU ork mi tliv grade below the
city has lun finished ami tho steam
iboTifl HI bo used on tbo cut be
Ind tho I'ut Bprlngs nml tliu Up
Mr Uke.
It wns learned from mi oinrlnl ,
tourco toduy that tliu Southern I'mcI- i 'n,"" I""- c""1 rebate will b ai
de I'utiipmiy expect to Iiiiv.i tiialnx . I"11 " "" Uus pnld lu full by thu
rtiDOliK luio KlamnUi lalls b) the, lt"' "r i,nrUl- Thus become dcllii
Middle of Altrll. This la Urn firm1"""1 ",tir ,,'w n" Monday In April
Utormntluii of this nature which has'' """-'''If of tax be pnlil beforo
i.-.. ivim out alnru tint nuimuiiio-i""' ,lr"1 Monday In April, then the
i'.wmi.xt or taxes.
neat of tin) cbangu of tho tcrmlnuii
to Holland, n ml It la considered n
tclliDin
linn) for tin- ruuiulnlui: Inxfn may bo
intended to Ilia tlrxl Mondny In Oc
tober; hut If tho reiunliilinc taxes he
Thorn I nothing to lilmlur beglu-i""1 "" I"1''1 ll'' becom iMIwiuont,
,gtg laying truck mi noon ns the! iimniin iu pur cent snuii no
inili) la finished across Ih.i laarsti. ! c""t" "' Interest nl thu rate of
. I tkrtf fusil tt-.frt ft... n.-a It I...
tail It la stated tlml thin v. Ill im rum
pitted lu leia ttmti two weeks
STATE RESTS IN
THE WALLIS TRIAL
)
Witnesses for Defense are Examined this
Afternoon-Attorneys Wilt Argue the
Case Before Jury Tomorrow
Upon thu convening of Court till
mornliiK W. II. Shook wan rucallcd
hy thu prosecution. Ilo Kavo a do
xrlptlon of tho horaia that wcro
found ut Hun Jouu mid tutlllud na to
thi'lr uuniirjlilp. On croiin oxainlnn
lion It was adduced tliut tho vlttin
una u iiiL'iubui of n Ktniuntli County
lUoHtock itHKurlbtlun, but liu blgved
Unit thu organization was uo louiur
In xUtoucu. Mr. Shook Htated that
liu v.un not payliiK any part of tho
prosecution.
CoiiiikuI for dofonne, ni liu'i boon
thu cinttoui hIiilij th
thu
IllOht
aufflclout to Juatlfy a vurdlct of ton
vlctlou. "2, That tboro Is a vnrlancu bo
twoon tho allucatlooi of tho Indict
mnnt, and tho proof, In this: That
tho Indictment allcgea the larceny
or liomoa.und It appcira from the ev
Idonco that tho nnluialn allceed to
hnvJ been stolun woru KeldlDK and
maroj."
While .thlt motion wai argued by
tho uttornuja, who went Into the evi
dence thoroughly, the Jury nai re-
tnovuil from the court room. More
beginning of .than an hour wiu conaumed In the
trial. Interposed objection i tOjnrsuwuul of tho motion, at tho con
of the iiuoatlouH Baked. V. C. elusion of which tho Court oxuroxsed
12 pur tent from thu first Mondii) I Uallon, thu next wltnesi, corioborn-jun oplnlou on tho authorities cited
In April uutll pnld
ASK EXTENSION
OF FRANCHISE
(ITV fOVXCIL WILL .CT OX HL.
gtlT OK MUIIT X U'.V-
TKIl CO. HtlllAV.
The City Counrll will hold a meet
lex Friday tilght for the pur pu uf
ciIdx on the rcijueat of II V ()nttn,
of the Klamutb Kalis I.IkIiI and Cow
er Cuinpali), for thu vxteualuu of the
company's franchise. Tl.o fninrhltv
ttplred nearly two ears iiro. and
luce thou lliu Compati) litis txxti do
ing business without a franchise, al
though Iba coutract proildm that In
case tho city dew not lake ndVAMagu
of Its option to ptirchnse (he pistil,
II shall eilumt tho fratirhlau for no
other term of )ear.
Thu fact of thu frnntlilte Lin Iiik
tiplreil would not nlfitt thu opera
tion of tho plant, but thu company
could be slopped from vxteiidlDK the
lyatem or Inaugurating now works.
As It wilt bo neceswry to innku con
Mersblo InipriiTeinentM during the
suruiuor to arcumniodnti' new ens
toiniTi.thu extension uf tln franchise
U asked for at this time In order that
Hie company tuny bo protected
The city has no contract for north-
fioin tho I.IkIiI to Water Cum
piny nnd li bujlm; lis llr.hts und
sliT iroiit month tu luonth
KLAMATH FALLS
LOSES ITS MAYOR
ut. mi no I'OH.st.MK .moiu: rux
Tll.t.V IIK1M) MAYOIt- STAV
.NOTIIi:it MO.NIII.
by roitntel for defense, reviewed
brlotly some oftbo evidence nnd then
overruled tie motion.
It was 3 o'clock when tho dafenso
placed Its firm witness, John Loguo,
tho fathor-ln-law of tho defendant,
on the stand. Ilo testified that be
ted prcccudliiK wltneisea regarding
the rundltlomi of who feucct nnd
chiirncier of tlio country nlonu Tulo
Luke Witness Dullon, on cross ex
amination, atuted that be hau, as a
meuibor of the lltestoclt nasoclntlun,
contributed money In lv used In (ho
.v..... ...!.. .. ....... 1..1 .1.- ...
I""l,"u""vl i.ns.Tiiu.oniiiKWiuilir-M, rittntllAl- ullli llio Wnlll. f,.fnrn!
I Atlt' .if alfiol
i'lv"' ' """ Itmt fi LfflBl li.flnn tt tin.
a i.. winner, a uopiity Liierirr,
testified that he bail been to Sun Joxu
In company with W. II. Shook mid
othuiK lie loiroboialed the owner
ship of the Molcu horses found
Hun .lone. Ilo told the Incident con
M.ior John It Ktllts is hnvlin:
such n II liu time in I'lorldu and (leor
Klu that It Is hardly probable Hint
ho will return to Klamath Talis In m,.. dofendnnt In comnnnv with W.ll
tliii" to finish his term lis Major. He Hbook und Walter Which, und thu
la at present Malting friends lit S.v, iltns uf u uueker box in
vauiiab. Georgia, who I unlit on him ,ule on thu WuIIIh ranch
u imall uectlon of tliu fence
whs down lu January; thct It was the
custom during thu month of Novem
ber Imt to Icavo the pasture gate
open: that tot rut near hotisv were
"l used to pasture tho cVlvcs and thai
n oarllon of thm un ha ipn from
nerted with bis trip to the ranch of ,ho ,,,,. tUl ho . M ,ho w,ni
ranch on ulght of December 4th, and
Unit Rt that timo Walter Welch nnd
a uiiumt t-jjju Llikey were tbero: that Wolch
Consider' ..!,.. .., i .. .., ,. .,..
rmnnlnliig another nioi.lb lu thei,,,,!,. urg.iment followed an objection',,',. hunch of hones l tli.i oax
Huuth and In recent letter l. .im.,i tho admlssloi, of ovl.lence u to , "" n,r "J J" ", JJ Pj
ed l.e was serlounly connlderlng uc- tliu stoic from which this cmiker . .. morniut. of tho -tn ana
,, , ... ,; .. , .. ...i " which mis cihim r i,,al ,lt, jt.(cn,iHUt nukod tho other
ceptliig thu Invitation lie H veryl,0 cmnl. Tho Court stained tho ' ,,,,.., ,0 ,urn t,K.w T,t ,llch tncy
much In lovu with thu South und bus objection of the defense Wltn.-w i , ., . , I J ,
.... , ,, ,WUIU" ' "" """ """" luiii; Dial bo saw tho aamo horses In
given up hi. trip to ...liliKt on to , clsely questioned an to the pay i0 lv,.mnK ,)f t,u, ,,, day uboul
-,ii,... i,, ,uhu..i..-. .-,- ur renarn ne ns 10 riTi'nu in ino
dint lull
'uveiil of n comlctlou lie testified'
WIIITi: Tltl.ll. M.VIlt.ll III.
Thn motion tn dismiss thu ease
against Ur I. M. Wblto wns taken
up beforo tho Circuit Court adjourn
ed last evening. Judgo lluimon, np-
one mllo from the Wnllls pluco: that
1 l..t ..., 1t,.ll. !.. .1... 11. 111.
...... . ... . . ., .,,., I . I . . l,i"iv; iiliu llt'li-li It'll illlT ttilllis
"""' '" ur,u" "' , "" "'"" "" k""w "f '" H"r11 rt-'w"1 "" plaee after U.rnln;: thu horses out
party of gentlemen wenl ...u . I.ui.i. ; wnn , expecting anj-lf the prum.c.of ,uo ,nf0 Qn cr0M.cmlM.
g and tbo bunch swuiid M coon. ,, WH11 successful. Defendant show. ou ,10 WRl eose, queltl0Iwd Bbout
Coon meat Is muro popular bun ey- 0ll dw.p C()liccr In tbo l-tltuuny oflu rftll(;o of gomo of tuo horJOi
rr ... a tnblj. delicacy iilnc he vl.l xvltnuss Walker, about .erti.li. eon- wllcl he h, . ,n ,bo Wall
of Taft and the ban I tendered u.rllHt0,19 ,, haii ,,,, ,,,, lu ruKard luru mi if wl0rcatoutH of le .
him . !t maklug a confession und tmpllcat-1 fonJnnl nflrr Usltty nnd Wc)ch lm(1
Ing others connected with tbo Mock i0t t10 rnncli.
Ti:.MS Cl.ril .Ml.'in-I.Vtl. nitHB. Walker wub closely iiies- Ar,nr LaD'KuI1 Kavu practlcatly
Itloncil about I'm CoUahnu having of-lUll, ,,lliu. tetJiiio.iy that be gave In
The second nnninil meetliig of thu feml blm $5U in the event of a con-!tlu, (,,Kev tral u rc)aU,j to a COn.
"Kluliittii lljak" Timiils Club will!""""' "' aii. iu.h. inn witness yersntlon ho had with Welch In Do-
be bold at the ii-sldimrc of C
HoKue. Thiirsduy evening. Match t,
nl 7: JO p. in , fur the purpose! of el
ecting olllcers und for lliu trntisacllni;
of such other business ns may prop
urly coiuo boforu tbo club
All members nro urgently lenitesl
ed to bu present.
Signed. 0 B WlllliOES.
I'limldont.
C. malntulued that uo sucn offer hud
Celebrated Union Made
Carhartt
Overalls, Jumpers,
Corduroy Pants
and Gloves
KKK STORE
nunta on or about Dccombor 5th In
been made regnrd to polo ponies, and that the
Lewis lierber was recalled mid in defoudunt was present,
reply to questlous by counsel for de- j, p. Wnllls, tho father of tbo do
foni.il Huted that thero Is no orga- fondant, with whom be resides In
Hired stock association, but that 12 Yonua Valley, testified that Walter
stockmen lmo n verbal agreement Welch nud Chas. LIskey cumo to tho
that they will puy 50u ro-.vard for Wallls ranch ou Uecomber 3d. On
tho arrest and couvlctloii' of any man tho following day Ltskoy and Wolch
stealing hones from n member of the went out to ride, but Alf, romalned
association. Ho stated that neither nl home. Ou December Cth ho and
(leu Hitter nor Henry Vlimon belong
to tbo U men having tbls under
standing. He said that ho had con-
the dotendant wero both nt Donanza,
but ho did not know what had'ba-
romu of LIskey nnd Welch. Ho cor-
trlbuted money to curry on tho pros- toboratcd thv evldoucu in regard to
ecution of the Uefondnnt and others 'bringing homo certain articles pur-
inipllcjti'd with him, chased by Alf., who camo homo about
I'lOkccutloti stated that It 1ms been i o'clock lu tho evening. Welch
liupuislble to get B. Stewart beie mid, camo to thu ranch that same night,
.i" ho wns tliu only other witness to remained until morning when ho left
'be liitiotluricl It boenmo tiecessuiy at mid did not nEulu return. Ilo vaa
j jo:iu tn take a rcvuss until 1:30. positive that tho dofendnnt was at
I Tliii proiecutlon was willing to havo homo from December Olh to Dili;
tbu oldonco of Stowurt In the LIskey, that on tho 10th ho rode out return
tilnl nnd In lieu of tho direct toe- ing that ovonlng: that he was hot
tlmony. but tbo defense-would not absent fiorn iiome any nlribt during
niTioo to this. tuo paniciiiar'timo in question.
M.a Air. Wullla. with her Infant Tuo witness nt times got tangled
bubo lu bur arms, sat beside her hus
band duilug most of tho looming
session.
Upon convening of Court this at
tornoon prosecuting Attorney Kuy
kendnll announced that .tho state
would not wait for the witness stow
art, but would rest its case.' ,
Followlug this Judgo Benson, on
behalf of the defendant, jnado tho
following motion: -
"Comes now tho dotendant, Alf.
Wallls, by his attorneys, and moves
tho Court to Instruct the Jury to re
turn, a verdict ot not guilty for the
following 'reasons.: . ' . .
"1. That there hat boen-no ovl-
dence Introduced 'tending to corrob
orate the accomplice, Walter Welch,
Inthls dates, but with tho assistance,
ot counsel tor defense, ho got straight
enod out and his testimony through'
out tended, towards proving an alibi.
Ho was subjected 'to a, severe cross
oxamlnatton by Judgo Drake, but he
was certain mat weicncame to tne
ranch on tho night ot December 3d
and that lt war on tbe morning ot
tbo 4th when the defendant asked
Welch and LIskey to turn a bunch
ot horses out ot the pasture. -
Tho next .witness was the aged
mothor of tbo dotendant. She testi
fied that Wolch and LIskey 'came to
the,-Wallls ranch on. December Id and
corroborated the proceeding witness
as to the .events- that transpired dur
ing the following days, Including the
10th. . On cross ezatntnatlon the wit
ness testified that ber oyo sight was
very good. She was not subjected
to u sovero examination,
Chan. LIskey was next placed oi.
tbo stand and was asked If In June,
of 1908, at Dairy ho had a conver
sation with Walter Welch nt which
tlmo Wolch suggested to him that
they steal two mules from tbe stable
of John Shook and replace them
with two worthless horses, after
which they would set Ore to tbo sta
bio and tbe carcasses of the horses
would appear at tbo mules.
Tbo witness answered In tho af
firmative. On cross examination tbe
witness testified that It was Davo
Shock's stable from which tho mules
were to bo stolon.
Tho defense next called for Walter
Welch, but as ho was not present tho
lefndant took tho stand In bis own
behalf. Ho testified that ho owns
land in this county; that ho prob
ably saw Welch In Donanza on thu
night of Thanksgiving day; that he
and Cl.as. LIskey came to, his ranch
in December 3d for tbe purpose of
buying polo ponies; that he and
Ci as. LIskey and Welch rode to
Round mountain on that day and
corralled a bunch of borscs at tho
Mrs. rilcli place. Ho corroborated
other witnesses ns to tho description
of the horses; that they drove tho
horses Into the water corral, but be
and Wolch could not agree on price
and ho turned out tho entlro bunch
Wolch nnd LIskey romalned at the
-nnch that night and left tho follow
Iiik morning; that he did not see
Welch again until December 6tb
when he mot him In Bonania at
which tlmo bo bought a lunch for
him at the' Bradley store; that he
did not know what bad become of tho
lunch. Witness nlso corroborated
other witnesses as to tbe purchase ot
pliers, files and a sausage machine
at tho Broadsword store. He testi
fied that ho put the pliers lntohls
pocket; took them home and left
thorn In his shop that evening; that
he subsequently looked tor tbo pliers
but could not find them. Witness
said ho had novor stolon any horses
and that ho bad not discussed horse
stealing with Welch; that Welch left
bis ranc lion Sunday and did not'Te
turn; that he did not see him again
until on or about December 27th,
Ho corroborated tho evidence of his
father und mother about being at
home from December 6th to 10th
and that be rode out after one of bis
tares ou tho 10th. He stated that
he rodo hard all day In the vicinity
of llryunt mountain arriving at Bo
nanza about 4 o'clock In the even
ing; that be remained In town about
a half hour and then started for his
homo; that bo rode about 3G or 40
miles thnt day through a rough rocky
country. Ho was positive that ho
did not see Wolch on December 9tb;
that ho did not ride with Welch and
LIskey after horses after December
3d; that a bunch ot horse camo to
his ranch on the morning ot Decem
ber 4th and that he asked Welch and
Llskoy to turn them out. He- cor
roborated his fathor relative to tbe
condition ot tho pasturo fence and
tho purposes for which the corrals
near tbe bonze wero used. Defend-
WILL SOON BE A
2ND CUSS OFFICE
SAilO ItECKlITg DUntNQ MARCH
WILL MOVE P08TOFFICE
I'P ONE NOTCH.
Klamath Falls has had a wonderful,
growth In tbe past year at by evi
denced by tbe big Increase In the bus
Inoss dono by tbo pott offlce. It It
now certain that at tbe end ot the
present quarter thlt city will be en
titled to become a second class osHce.
To accomplish thlt It will only be
necessary for tbo office to do ISI0
worth ot business during the prevent
month, and Postmaster Emmltt states
that be will probably run $300 over
this amount. There Is no truer In
dex of tho growth nnd prosperity of
a city ttan tbo Increase In the postal
receipts.
MAY VETO NEW4.
LIQUOR ORDINANCE
r
PItESIDEXT SANDERSON' MB t 'OV
ERS FLAWS IN SECTip.NS
OF THE MEASURE.'
President of tbo Council F. T. San
derson, who Is acting Mayor during
the absence of Mr. btllts, did not sign
tbe new saloon ordinance yesterday
afternoon as he expected to do. Fur
ther than this It Is quite probable
tbht tbe measure at It now 'stands
will not become a law, but may be
returned to the Council with the act
ing Mayor's veto attached.
Thore teems to be flaws In a num
ber of the toe t Ions of the ordinance,
at least" that Is tbe opinion of Presi
dent Sanderson, and If the Interpre
tation ot certain sections by th City
Attorney agrees with hit opinio. Mr.
8andertoD stated that he would have
to veto the measure.
Tbe first section provldoa that It
thall be unlawful for any person to.,
store, sell or glvo away any lntbsJcavfi
Ing liquors, except drug stores, which
can do so for mechanical and medi
cinal purposes. It It further provid
ed that the proprietor of a drag
store must keep a record of alj salea
ot Intoxicating liquors made on tho
prescription of a physician.
The section In relation to gambling
only Includes owners, proprietor or
employeot, and does not make'l't un
lawful for any one else to Indulge la
gambling. - ,.
The volcano of Kllanea oa Ut tit
land ot Hawaii Is more active thaa
It has been before tn eighty rears.
ant testified that he had been taarrled
Just one year. He pointed to Mrs.
Wallls. saying, "There It my wife."
The child bad been taken from Uo
room shortly before.
Court adjourned until :S0 tomorrow.
HJasaaWfl
OR. DAVID ROBERTS, Wisconsin tote Vtttrinaritn, 104-7.1
Dr. David'Roberto is tho best known practical vetwfaMika
and veterinary author in the country.
You can get his book "Practical Home Vmrinariaa doth
.bound and illustrated, FREE.
You can get a high class live stock paper FREE for a whala
year. Ask about these offers at
Star Drug Store ;
"They Have It"
OMIMMMMHMMIMMHMMMMIHMMMUMMMl
m
Mill
'in '
m
((MtM iwHwrntmuMmmHt
VI