The Evening herald. (Klamath Falls, Or.) 1906-1942, September 10, 1925, Page 1, Image 1

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    University Library
ICuaeue, Oregon
Published Daily at
KLAMATH FALLS
"An Empire Awakening"
BUY AT HOME; LOCAL
MERCHANTS CAN GIVE
YOU BETTER BARGAINS
Associated Press Leased Wire
KijrliLt'fiilli Year - Number 5(122
KLAMATH FALLS, OREGON, THURSDAY, SKI'TEM l'ER 10, VST
PRICE FIVE CENTS
Brother of
Dying Man
Is Missing
Tom Fraincy Drops
From Sight Frantic
Search Is On
tiintiui- UfHM
POJlTliANI), on-., Kept. id. John
I'min,,, in had miicd in ruin far
llln hrollier ftlMl uiinliiu pint ni'i. Tom.
in impart Inforowtloii in lilm, died
In I'm Iliituf luitiiv ill bin llOMI) ni
inn Kcrby tree, .iiiiin Pmlnej was
00.
With the hand uf death
hovering over him, John
Fraincy, Alaskan prospec
tor, is lying fatally stricken
in a Portland hospital feeb
ly calling for his brother,
Tom Fraincy, who has drop
ped from sight somewhere
in the wooded sections of
Klamath county.
For years the two broth
ers toiled side by side in the
gold fields of the far north.
Mining claims are owned
jointly between them. There
is a cache of gold, some
where in the hidden recesses
of far-off Alaska.
John Fraincy has been
told that his end is near;
that he has but a few days
more to live. But before he
passes on to his final grub
stake he has a few secrets
of their Alaska gold claims
which must be imparted to
his partner and brother.
There arc papers to sign in
order that the lifc'6 partner
ship might not strike legal
shoals.
But Tom Fraincy is mis
sing. He was last heard of
at the Stewart and Welsh
railroad camp at Odcll,
where, during the latter part
of August, he drew his pay
check and left, presumably,
for Klamath Falls. Since
then he has dropped from
sight.
The missing man is an
uncle of I. A. Towey, de
puty coroner of Klamath
county. He notified Towey
2 weeks ago that he would
come at once to Klamath
Falls. But he has dropped
completely from sight, un
aware that his brother is
dying in a Portland hospital.
A radio broadcasting sta
tion in Portland last night
sent out a description of the
missing man, according to
word received here today.
The missing man is 50 years
old, of ruddy complexion,
sandy hair and medium
height. He was employed
as a blacksmith helper at
the railroad camp.
Butter Makers to
Meet in Portland
ppilTLANP, Ors., Baptt in.
Portland will bo host lo moro thnu
a thousand iml tor Makers from nil
over tbo Unntod States noxi week
whon they I'.aihrr hero for their two
day nnnuaj convention September ir
a mi iii. Tbo fh'Hi special train win
arrive from the sasl Tudsday lnnrn
i ii k i 0 o'tiot'ii. u is made up or
lowa, Wisconsin, and Ohio valley del
agate, 'rhoro win also be special
trains from California, the Puget
Sound anil Hie llocky mountain sot -lion,
Charley And
Louis After
Oregon Fish
mac pin. on.. Bi pt, 10. ObsrlM
M, Schwab, itesl rnsinsts, LouJi W.
inn sad n puts1 in u private oar
pulled onto the aiding si Mauplu.
over Lubor Day weed-end to Ii'kI
llinlr rods mid lines ux j hint lliu
llcitnldcit ii I hi' Untti'litilix river
Jnlin K'li.y. Irurk wulkiT fur tlin
Oregon - rYssblnsI "i Rftilrosd and
NftYlgftllon ciiitmny, look .Mr. H'-li-
wtb pp Hi" Dssohutei plvor above
Msupla mi hi spssdsr, ini owinx
iii a btsvy rain ntoroi tbo Bcbwsb
paruy did not founder on Irutlt.
E
"Sick" War Veteran at Eu
gene Breaks Down and
Admits Story Hoax
ETU0BNB, Oregon. Ki.pt. 10.
Breaking down under (UOSllOOlOf ,
it man who guve Ms name as David
II. Joyce, mid wbii told it pnthillr
ItOry of btl robbery by n man ho
befriended, sdmtttM last evening
Unit hll Story was talSO, and told
for tin- purpose ol Insuring hiiu
nil a bod and n hot hroukfiml.
Hi- claimed si first that in- bad
recently boon dismissed from the
vi tOrftllS' ho'iplllll at BOlSOi Idaho,
and hail ptirfthSSSd a tar with tho
money In- had Hiivotl frtim bin ruin
ppMOtlOfl Tin' man he picked up
on ibo highway robbtd bun of bin
tar hln money and bin watch, leav
ing" him lo walk tin to Cottugc
Grove, bo loltl uuthorlll.'i:.
Sympathetic OIUSOOS of ColtSgTS
ClroVS fod lilm lint) gave blm a
plai'ti to SlOOP, Iml offlt-lalrt ho
.nun- nuitpii'loim nnil forced tVS con
fession Hint (ho tnlo of woo was
groundless.
Harry Hamilton
Charge Is Dropped
Tho arm of tht law. Which for
over olio year Iiiih lain hoavily
upon iiany Hamilton, former used
rar denier, was lifted this mornlui
when al tho recommendation of
tbo district attorney's office tbo In
dictment against liumiiion wan dis
missed. Hamilton wan charged
with obtaining money under false
pretenses In connection with a rcr
tnin deal mado with II. BI. Ilnndy.
Deputy District Attorney Wlosl
rovlowod ibo ease bofore tho conn
and slatod thai a eloso Invosttsa
tton revealed thai tho state could
noi ho successful in a prospcuUdn.
Hamilton ban boon under bond
lor u year, Eio'scrved approximate?
ly lto tliiyii In Ibo oounty Jail'.
Escaped Convict
Taken in Custody
PENDLETON, Oro. Sept, 10. Ed
Ktdttey, alias ("red Hohlman, alias
Dixon, an eSCSBtd convict from the
Walla Walla penitentiary, was cap
turod horo late yesterday aftornoon
on Main street by I'onillolon police,
assisted by guards from the Washing
ton penitentiary, Leo Morolook, de
puty United States marshal, also aid
ed in tbo capture. Tbo man escaped
September I nnil was serving a tOTm
of rom five to 10 years.
1 ;k, 11 hi: loss
TAMPA, Flo.,, .Sept. 19. fP) Fire
whit'h broke mil last hIk'k al (he
Qetuary terminals or i.io Tampa
slilp building unci onglneorliig com
pany dsstrCvod two main buildings
mid caused damage estimated lit
1009,000.
.M TOIST IIKI.D
PORTLAND, Ore., Sept. 10. 4
dames t. Bhlolda i under ar-
rest hero Charged w'Kb lunn-
slatlghlei' lis tile neslllt lot (lie 0
death las 1 night or Mrs. Maw
Dorrynmn, no, who was strudk
by an auto tin Soeontt stroot,
hut ween Aider and W .Islington
stroels.
T
IN
INTERESTED IN
E
Oregon Wool Growers Of
fering Testimony at Pen
dleton Hearing
LONG LEASES SOUGHT
Associations and Individuals
Gather Before Public
Lands Committee
PENDLETON, Ore . Sept. 10, -Tbo
Oreg n Wool (litiwom' atitoila
(Ion will offer testimony (odav he
f.iro the spb-eommittos of ibo Doited
HlnU'H Honulo which in folding .1
two da -it' bearing hero on tho pub
lit: Iu'ikIh qnastlpn, In addition I 1
the tcitlmmy prepared by commli
tiwa of bo astoclatlon, individual
sheep and tattle men will offer UjS-
iinuiiy bofore the oommlueo. later
em horo In p'10 bearing Is keen and
Htoekmen, large mid itinatl operutor,t.
are gatheietl here from all over tht:
eastern portion of tbo mate.
Senators Stmifield. Oddlc. Dill,
Cameron, AnliarHl and Kendrlck uro
hero reprcitenling the senate com
mittee on publi' laudtt, while Pong
t ir MtN'ary of Oicnon. chairman, of
the senate committee on Irrigation
ami Congeeaaman .sinnott of The
Dtlles, are SlSo here.
InU'lt'St bore uudhk Hloi-'ktuc.'!
runs blKh In proposals ('ia( have
bopn made at the various sessions
of the heiiriiiK an to loni; time lean
ing of the public domain and that
phuso tif bind disposal Ih srheluled
to conic In for maJOT toiiilderoll jii.
Cowboys Injured
During Stampede
NKW WKST MIN1BTKU. 11. C.
opt. 10. Thno tenvboys. Frank
McOuire, Miles City, Montana;
Dewey TrOUb of Spokane, and F. It.
Studnlek of Ktayton. Oregon, all
nre suffering from Injuries receiv
ed during a performance of n pro
vintial itampode exblbltfpn being
bold bore.
I'erry Ivory, cowboy of Spokane,
won Iblrtl prj.e in a harehack huck
Iuk ton(es(. In which Dewey Troub
also of Spokane was second high.
Northern Line
Survey Is Now
All Completed
Proposed Construction
of New Road Would
Take Year
ir tbe Oregon Trunk railroad wrote !
not ivtuntftl by the Interstate eoili-
iiicrce botnmlasldn it could begin j
throwing tlirt oil (he llond-Klaiuath
Fulls exfonalon today.
All because the actual survey
whlelt has been rojeetetl by six
Cre ITS tif Hie Northern line road tlltr.
illi; the nnSt few inoiKlls, bAS hat'li
completed autl the crovrs of the
raili-oail company have boon vsittt"
drnitrn froiu tho rieiu.
The proposed i-ollte of the North
ern lines tun now be foUOwOd close
ly by stnkes tlnil Indicate (lie sur
vey made,
Only one survey bus been IttadO
by tile Oregon Trunk' line, that from
liend 10 Klamath 1 . 1 1 1 - by (he so
cnlled caatorn conto. Or Iii other
woltls, along the eastern edge Of
tbo Kbllliuth belt of timber, down
through lleaiiy, Bonaiuut and Oleno
mill Into lvlmuath Falls,
Time mid inoney were s,;ielit in
projecting n spur Hue up the west
SUlO of lilnniiitli lake which wotiltl
be designated as the western ex
tension, nivostlgatlons by high of
ficials resulted in (Ills extension
being nbpfldoned after the survey
hail proceeded about 10 miles from
Klamath Kails.
Oregon Trunk offiolnla have inmle
the stalenieut Hint one year niter
the Hist contract for (he coltstruc"
Hon Is let, the first engine bearing
the emblem of (he Northern lines
will pnii Into Klamath Foils, in
nthor words, if tbt , c. c. grants
pei'iuisslon (o tbe Oregon Trunk to
e(end, work will start on the ox
tension nevt spring and will
be eompleted by the soling of lll'JT.
SENATE
High Shoes
To Be Worn
This Winter
LONDON, Kept. 10, 11', Hlith
hIhu-h for woito n. after haniKhmenl
for eleven years, again will be fnsh
lonable In Lobdou 1 li l wlnlcr.
Tha shoes will not lor (be plain
hlnck and tan ones of yvarn uko.
bill will bo highly colored leathern
anil snake and crocodile sklim.
Jeweled and odo r fancy heels will
adtl a plyuunt (ouch (o them.
E
Five Youths Taken Into
Custody in Mrs. Myrtle
Cook Murder Case
VINTON, I ma, Sept. 10 (P) Five
youths, l.o-als uilt !ni"t. Pete Tretten,
Oeorge Thomas, Walter Long mid
Merlin Swartbaugh, were arncHted
and Jailed la-t night. 1 barged with
defacing u private residence as the
result of 0 confession allgevt! t
have heen made by Swartbauglb at
tho coroner's lnijuost In will -Ji bo
Is quoted as saying these boys were
mpmbera of the gang which rotten
egged tbo home of Mrs. Myrtle
Cook. W. C. T. U. president -hn
was assaoabttttod bore Moiiday night.
Coroner ('. I.. Motllin :.iid that
(ilio 11 tb, were not taken in con
nection with the itlaying. but they
were arrested In (he hope that they
tulKbt HtippV information which
would lead to u clue.
Warrants were also issued for (w-.
other yjudis In connection with the.
egg-throwing Incident.
Coolidge Back
In Washington
President and Wife Re
turn From Summer
Vacation
WASHINOTON, Scpl. lu. (H)
President Coolidge returned Lo tho
White House today after a sum
mer's outing in New England.
Tbo president's (rain reached
Washington al 1:18 p. m. af(er an
ovornght run from Salem and found
she capital squirming and sweltering
under tbe unbroken spell of mid
summer. A lino of oftitial motor
' cars was waiting at the Colon stu
j Hon to drive tho president and his
wife to the executive mansion.
ALL-DAY SUCKER
CAUSE OF DEATH
OF SMALL YOUTH
11VTTE, Mont., Sept. 10 A
; penny eandv sucker, held" in IUh
j mouth us he fell while playing" In
hi8 home, brought death yesterday
t to Jack Ryan, two year old. His
f mother, after frantic efforts to dis-
lodpo the confection from the hoy's
throat, took him to n hospital.
An examination revealed that the
hoy's neck was broken, presumably
in the struggle to dislodge the
stick attached to the candy.
Eugene Terminal
Bonds Are Taken
By Portland Firm
Kl'llKNK. Ore., Sept. 10. The
$175,000 municipal) bond issue of
the city of Kugeno wns sold last
bight to the Lumbermen's Trust
Company and Pleree, Knir and com
pany of Portland at u premium of
$5 for each $1,000, after all bids
hud been opened and rejected. The
bids were found to he outside the
limits placed by council.
BOAT CAPSIZES;
THREE DROWNED
MAVItK. He QrM, Mil.. Sept. 10,
(Pi Three members of the crew of
the T Coleman On .Pout's yacht,
I.vIiik In the BusQUehanna river off
this place, were drowned curly to
day by tbe capslltng of a small
bout,
A fourth meinbor of the party
was rasoued by Jess Poplar, an
aged rlrerman.
BOYS ARE HELD
IN DEATH PROB
SfJ
Thirty-Six Individuals Must
Pay Fines Assessed in
Pas.t Two Years
COLLECTOR IS COMING
Total of $1435 Dws State
Gftme Commission From
Various Offenders
A determined collection
agent Chief Deputy Game
Warden F. M. Brown will
arrive in Klamath Falls
within the next two weeks
and compel 36 individual.-'
either to "pay up" or go lo
jail.
This was the word receiv
ed here today from the of
fice of State Game Warden
Averill, at Portland.
36 Offenders
Many hunters and anglers
here, have neglected to
pay fines during the past
year or two, and in Klamath
county the total in unpaid
fines amounts to nearly $3,
000, of which the state game
commission is entitled to
S1435. It is this money that
the deputy game warden will come
to collect. There are just 36 In
dividual!) In Klamath county who
have neglected to pay their fine.-,
and thy'll have to scrape the money
together or gj to jail when the
deputy arrives here, says the word
from Portland.
In some instances, tlarec War$tyd
Averill said, thuwea naij! .-...!
paid but tho local magistrates lu
the various counties have neglect
ed to send the state game commis
sion its 50 per cent. These magis
trates will also be compelled to piy
over this inoney.
To Make Vm Pay
Tiltrougluut the stale there is
$15,542 outstanding on tho bojks
of the state game commission, and
Deputy Warden Brown will visit
every county and enforce collection.
Other counties in this section
which owe money to the game com
mission include: Douglas, $2295;
Jackson, $675; Josephine, $275;
Lane, $425; Umatilla, $430:
Many Students
Will Register
At University
Over Thousand Have
Now Applied For
Admission
EUGENE, Ore.. Sept. 10. One
thousand and ninety-six new students
have applied for admission to the
University of Oregon for the fall
term, a total of 144 in excess of the
number who applied for the full term
n year uro. and exceeding the 1923
record by iii, according to Carlton
K. Spencer, registrar. Tbe number of
applications and acceptances indicate
that .the enrollment for the uivcrsity
this year will bo more than 3000,
.setting a new registration record.
Will Lower Surtax
Rate this Winter
WASHINGTON, Sept. 10. (A5)
The treasury's tax recommendations
to congress now aro expected to in
clude a reduction In surtax rates to
a maximum of 20 per cent, repeal of
the Income tax publicity section and
a lowering, if not an entire limita
tion of tho tux on estates.
JAIL
LOOM
rrnnup mn
.nmiKb n nnuuG
THIS GOUWTY
MacMillan Vessel
Weathers Big Gale
WASHINGTON, Sept. 10, (PP)
After battling an SO mile gale and
I'OjOUlng the crew of two small boats
from tho Island Taulk, a Danish
naval vessel, the sleamer lljwdoin
of Che MacMlllaV Arctic exposition
has Joined the Peary at dodthuab,
Greenland,
Frank Way
Version of Fight In
Devil's Garden Land
Defendant in Murder Trial Takes Stand on Own
Behalf Tells Story of Fistic Battle
Which Results in Death of Tim
Murphy to Jury Tonight
Soberly and seriously, with a calm and level tone of
voice, Frank Way faced 12 jurymen, in whose hands
ids fate will be placed, and told his story of the fight
with Timothy Murohv, in the Devil's Garden country over
the ownership of a black sheep.
For an hour and a half he answered questions quickly
but surely. He was grilled and cross-questioned by Hor
ace Manning but his testimony on direct examination
for the most part remained unshaken.
Only a few times did his answers furnish a loop hole
for the state to place a counter blow, to undermine the
superstructure of the defense that has been built up
since yesterday afternoon.
' "I kn:ckcd 'him down throo
LEARN IDENTITY
Two of Gam; of 4 in Aurora
Bank Job are Killed at
Buckley, Wash.
ANOTHER IS SOUGHT
Clat?i.v Sheriff Hulls one o
Quartet Prisoners
"Squeal" on Pal
ASTOIUA. Ore.. Sept. 0.
Sheriff H. P. Slasher, or Clatsop
county announced today tluit lie
lind obtained informatiuii that two
of the four who committed the nd
bery of the Aurora, Ore., bunk Inst
October were killed in July of tab
year at Buckley, Wash., by bullets
of citizens after the robbers bad
shot and killed Wm. Hose, a nice.
chant.
"Whitcy" Watson, In jail here. !
charged Willi being loe third man
of the Aurora robbary quartet. Offi
cers say they know the identity
of the fourth member of the holdup
gang, and orders are now out for
his arrest.
Sheriff Slusher and W. U. Priest,
,innr:i live ,if i ,l.,t ful i v :L-n,v i,f,l '
Lewis Reeee and Vernon Hoy, held
in jail h material witnesses against
Watson, declared taat Watson ad
mitted participation in the Aurora
robbery and said that two of tbe
party were killed at Buckley. Wat
90Q has been identified as one o,"
tire Aurora gang.
Rees and Hoy admitted to the of
ficers that with Watson :ini a
fourth mini they planned ti :ib
a bank at Caldwell, Ida., uoxt month
their arrest cutting the plans short.
The fourth man was a detective who
secured1 evidence concerning the
Aurora rpbbecy from Watson', and
who was tj drive the automobile en
the Caldwell job.
Tong War Takes
Chicago Chinese
NEW KENSINGTON, Pa., Sept.
10, (iP) Believed by police to have
been tbe victim of Chinese tong
warfare, the body of Charley Lee,
a reputed member of the Hip Sing
tong, was found today in Ills laun
dry here with bullet wounds in the
head and chest, Yee Ton, another
Chinese, asleep In a room, said he
tlid not hear the shots.
BAG FIRST DEER
PENDLETON, Ore., Sept. 10.
Guy Matlock, local theatre
man, and his two cousins Jjck
and Lee Matlock, brought the
first deer into Pendleton f r
V!
1925. The parti? ran Into a
herd of five bucks this morning
and bagged three of (ho five,
OF BANDITS 10
STAGED ROBBERY
two four points and a twii
point.
Gives His
times," Way testified. "Every time
I struck ho fell down."
"Now Mr, Way, how did Murphy
fall?" Horace .Manning questioned.
Fell on Mbows
"Eari time be tell, he sort el
slipped down on his elbows," tbe
witness answered.
"On his elbows?!'
"Yes. You knew how a man
would fall and sort of light --.n hla
elbows. Well that Is the way Mur
phy fell."
If the defense attempts to set np
that Murphy came to bis death by
striking his head upon a rock fol
lowing a severe fall during the fight.
Way's testimony Is believed to be
a sad blow to suoh a detoaae.
StH AmirMwr
Way cculd nod remebor If MunshT
struck him cr not dulrlng tho fight
but he denied on cross examination
that he had been the aggressor.
"Where did you strike for when
you were In this purported fight?"
Mr. Manning asked.
"Well. 1 almod for the face. Ev
ery time I struck at him he went
down."
"Can you illustrate to tho Jury
how you struck him?"
"Well, no. I don't Vnow whether
I swung on him or hit iilMi with a
straight punch."
.Murphy Quit
Way admitted on the witness stand
that he wanted to fight more, even
after Murphy had salu he bad bad
ciough.
"After we got through 1 made him
stand there and call-od
him some
names." he told the jury. "I wanted
to fight some more but be said he
didn't want to fight."
The accused man deniod that he
bad made any threat! against the
life or limb of Murphy in the pre
sence of Sidney Lyons or anybody
ilse. He explained :he chip off the
end of the Lueger pistol, by staling
that it had been that wav when he
received the pistol trora his brother,
Albert Way, In Prlaiille. He strenj
uously denied hnclng left Tim Mur
phy stretched out ou the ground un
conscious and hrauded tho state
ment that he had svuck M.iral.y
over the head with a pistol, as false.
Hud Helped Murphy
Way testified that he had helped
Murphy wash bis face; that he hud
held his horse when Murphy mount
ed; and had in gunerul hedped Mur
phy after tho fight.
The defense theory of the fist
fight received a severe set back by
the testimony of Or. Johnson. , .
Bruised Knuckle
Much stress was laid upon a knuck
le on Way's left hand, which was fal
len. By the fact that Dr. Johnson
had viewed thu fallen knuckle five
days after tbe death of Murphy, the
defense apparently hoped to set tip
the theory that the fallen knuckle
wns incurred during a purported fist
fight with Murphy. Dr. Johnson ad
mitted that tbe Injury could have
been caused during a fist fight. Hor
ace Manning in cross examining the
witness, asked:
(3 Dr. Johnson, Is It not usUil
i for an inliirv such us a fnlleii
Irnnnltla In nfil.ua . i , i n . i 1 1 1, f 1 , 1 - (lU'ftll-
lng fur some time?"
A Yes, It Is.
Q You examined Urank Way five
days after the dealih of Timothy
(Continued on Tage Ftre)