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Associated Press Leased Wire
eighteenth Year Number 6660
KLAMATH FALLS, OREGON, LUMMY, OCTOBER
PRICE FIVE CENTS
. VWWVVVVWVWVVVVWVWVWvWV v v -s Nw
Published Daily at
KLAMATH falls
I "An Empire Awakening"
JUROR
I GET
MURDER BASE Bi
LUTE AFTERNOON
Trial of WilloK and Krllcy
Ncars End in Circuit
Court fit Salem
FELLOW CONS APPEAR
Prisoners Testify for Dc
fcne. Warden Dalrymplc
ii Contradicted
IALHM, Uhv, Oil. j:i, Thorn
ware Indications Inls morning thai
tlm trial of Ellsworth Kelloy and
JntiK'ti WllliiH, ihiitKoil wlih Oi" null
dor of Guard John l'wi'i'iii- In Uie
prison break nr Allium I -'. mlgh
ko to tim Jury lata this afternoon.
Tin' deftnse iiii'i materially reduced
till, number of llii prOYlOUtl) ai,
nuuticcd wliiii'ihi'M mil) hud inn one
morw witni'it'i to put on the itaad,
win it. Kin,:, chief eounaal tor too
defense, announced. District ,
torrity John Caraon said thai ha
would call hut two wltuoaaoo in ro
buttal before cotnmenoloi hli final
argument,
Most of tha testimony given by
thu dafauia witnesses during tha af
ternoon nutuilon yesterday huh th"
same im was heard In Hi" I r lit I if
Tom Murruy. convicted and Bnt1
nil iii han fur ths laini murder
Wtlloi ramalnad mi tha Hand In
iii own behall until woll int tha
aftarnoou under .1 serorc cross e
nniiniiiiun hy the prosecution In
which ha was asked to explain tils
erapanclaa in hli sworn lestlmooy
unit n statement Im made lo tha dis
trict iitlorney ami other ai 1 1 prli-
on following bin rocaptQrsi
Convict Teatlf)
Frank Fallon, Data Arthur iud
c. N. Willi, convicts m tho prlaon
who said Uvsy iv ! . eseapi
fruui a window of thu nil liquen,
wore called hy tha dofonsQ. Then
story of tin? hunk was practically
tho lame n thai told hy other wlj
naisoi except they said that tho
firm shots wore fired hy (ha guards
H tlil not hy tho oHcnping convict.
Fallen and Arthur contradicted
thu testimony ol warden DairyM$le,
who i that aftor running to hlu
house for a kuh ha got behind lone
oil barrali near Use garage ami llrod
three shots at the fleeing convicts
Just alter they oamo orer the wall
ni tower one. iiuih aald that they
law the warden dome out of bin
hounn with the gnn, but doolarod
tiuii at thai H""' Iho three fugitives
wore half way ncfOBS thu field b
tWOen tho awyluin nml Hid prlaon,
out of gun shot range and tho war
den illcl mil I In-,
.'
m.i.v Tin: cahhikks
A delegation of tho carrier
hoyn for tho k veiling Herald
handed u 'he followla, with
the request llial II ho printed
on tho front page as a special
plea to thoae who for one roa-
aon or anwinoc am noi
pay
hoy
their subserlptlom whan th
called tats month, am
sub
been crlnunns ihoulil hav
mi Itl before the fifteenth
anil
because somu of them foave
not boon tho boys will have
lo roih'i'i lomorrow, ims is
what tho io)M have to ray
about ii:
"Supposing you were a hoy
and "in weather was nice ami
you wanted to upend tho da
plaiylng marbles or riding jour
bike and Just because some pco-
pic iiid not pay for thoir paper
you hud I" tramp around mosl
of iho day trying io make them
do II, Whal would y tut BMnjc?
Wo think li in a doggone ahattte
Hull's what vt think anil ;ou
Would think ll io If y n hjtd
lo do what wo will have in do
Ihla wook. Now, wo wanl to
tgot through hy noon anil Ii
wont lako you a nilnulo to pay
us If iyoii nvlll Just get the
h)omey regdy 'before wo ooine
4 Thon wo can iheve gome fun in
(ho nflornooli. If you dOnt'
woll wo hopo you will want lo
jiliiy niarhlos noino day youv-
self."
1IKKAI.1) OARIURRS,
Wo caii'i add anything to
thai appeal. OJCSepI thttl any-
una who win make It mora d-tf-
floilll lor tlio hoya lo gel Iholr
money has a poor Honso of Iho
eternal fitness of thing, ,
tttfttttttftttj
Osborne Wood Claims He's Made
$100,000 Selling Real Estate
In Florida; To Quit Gambling
Ex-Army Lieutenant Who Lost Fortune in Eu
rope Comes Back Strong Leaps From
$50 Per Week to Big Sum
Within Short Time
NEW vi'icK, mi, IS, (IV Broke
six months ago, Osborne Cutler
Wood, ii "i "f, and former "hie to
Major Ooooral Leonard Wo d, sayi
thai I"' baa made fiOO.OOO in Tampa
rcul usinlo.
In New York lo buy some Ololbel
b baslata thai the iiuu.uuu is tha
first liislullmeiil ho Is koIiik lo itei
hack of nearly 11,000,000 iwblch he
made In Wall Street pvrulallon an i
lost at the Kauihllni; mules of Alli
ens, Cannes ami DeauTllle, He is
flat late Palm Beach realty soon.
On arrival In Kl irldn (Mm Oadll
Bradbury Seeks
Information On
Meade's Reportj
Reputed Interview With;
Reclamation Commis
sion is Puzzle
BlWOUd II. Mead, commissioner
of irrigation, is reported to have
Untied a iituteiiient yesterday lo th"
effect that there are so hundred MsKiyou county auinorltles today
or more users of wutcr under thclon charttoa of malicious mischief,
Klamgtfa project who are In arraarel'Ned at Vreka Into yeaterduy by E.
In Iholr payments to the govern-1 Itoau. proprietor of the Sav-y (hotel
ment. The dlspntcb snys further i at WeeJ, where a ntOb uf men Is
that Commissioner Mead declared i alleged to have raided the hotel
that the president of tho hoard of (10 days ago, causing damage of ap-
direetprs or tin- Klamath Irritation I proximately 7500.
dlstrloi laatrneted tin- sheriff .i' I The railroad men involved In thu
Klamath Tails lo remove trnm th" i affair arc Charles Miller, J. K. Can
ing roll.i all if.,,mld diMrl.i il..sitoli and M B. Kerns. 1'liey live
lor Iho years from I :: u to 21 jat Weed, although I hey aro on 1 1 1 -iigalnm
the lands of tin. Bo CorpHto i dally run 10 this city.
I. and and Investment company. Others who are aougCil in Iho
ruhiicuiion or thjs story hsslsams aennoctlon are two ua-namod
brought from It,
in preaident of tt
B. Bradbury, who!
board of director,! j
of th" Klamalh Irrlgallou tlhitrl
iho following telegram:
I
la-
!
Blwood Mead, Commlasloner
uiation
WaHhlnglon. 0. C.
lie
I'ndor dale Washington October
iwemy-aecpnu you state unit some
one hundred water users under
Klamath project are dollnquent lo
the United States. VOU also stale
that President of this District in
structed sheriff of Klamath County
to remove from lax rolls all unpaid
district tuxes of Bntorprlao Lnn I
ami fhveatmenl company for years
UlO to 1024.
if correotly auotod, please pub
lish source of Information in order
that public may learn Iho facta of
matters in Question.
it. E. Bradbury, President,
Klamath Irrigation District,
ThOSO familiar with iho fuels
know that Iho matemenl attributed
to Commissioner Mead does not
agree with Iho (gets and unless ho
hides, behind the threadbare excuse
thai "Iho papers have not quoted
the correctly,!' the answer to Mr.
Bradbury's telegram win doubtless
contain some lUUUtinatlng informa
tion. Bend To Pause
In Memory Of
Thos. McCann
Mill and Stores to be
Closed Tomorrow
Morning
BOND, onv, Oct . TU eatlM
Shovlin-Hlxon conipaiiy operation
will ho nhut down tomorrow morn
Infl nml luiHiiit'SH houses will remain
OlOBod until 10 o'clock in trlbuto to
THomas A. StcCnnti, vice president
and firsi Kcncnti manager of t ho
Bhovlln - llion fompnny, wliost-
funeral win be hold Saturday morn
in 10:80 in Minneapolis; Borid
lmnks win renin In olOBod all tiny.
McOann lived in Bond for mom
thnn 7 yntu'H and sawed i he tti
tog which woni throUgll the Sht'vlin-
Hixon compnny suwinill
lloshlos liinl
offlolnl connoptlon with the mill hj
whs held in hlnit enCoem by He mi
business rneu nml mill employes an i
bxpressions of regret at his sudden
death have been fforteral hy organ Utt
(Ions jind indivldniils,
on u tnniii stesmer u mon(bi uko,
he had i few hundred dollars of hi
Willi street money left ami spent
most of dial while lookltiK around
for a Joh, Ho ko( a J ,h us reol
estate salesman at ISO weak wlOj
ll. I', Davis, who was fllinx Clot
(h'Ks on a street corner a few yea.-s
IIKO.
Dlacuselns Ills Kanihllnr: losses bu
.aald: "This time my mono Is not
I going 10 be lost iii ihai manner."
Hi' Intimated he would not defend
jdlronce proceedings siar(ed by bs
J wife at wjlmtngton, Del.
Railroad Men
Sought; Weed
Affair Probed
S.
P. Employes Wanted
Because of Hotel
Raid
rhres Southsrn Pacific employes
i on the run between Ktamatn Fain
:f."l Weed worn helns sought by
federal prohi axents of Bag Fran-
claco and
Siskiyou county con
naine has nut yel hocn
tahio whose
divulged.
It is charged thai these six men
led a mob on mi unauthorised raid
ngil.'ist the hold, during which tho
water pipes wore cut, furniture anil
other eQUlpmon! smashed to plouos
and olCicr serious damage done.
The raid has been under Investi
gation in Slskly u county for the
pas! 10 day:', hut ll iwas not known
; until today 'hot the three Soufhern
j Pacific employee, well known here,
1 wero alleged to have been Involved
j in ilie affair.
I The Informations were sUned hy
j Itos.i yesterday and warrants for the
i arrest of tho men wore issued hy
Justice ol the Police C, B. Bolter.
Copco Sells
To Byllesby
Says Report
All of the property and holding.;
j of the California Oregon Pownr
cempany were this week transfer
red to the H. M. Byllesby company
of (,hicaK. accortlini; to a well
founded report received here today
from San Kraneisco. It has been
known for .some time t hat the
I Chicago concern has been negotiate
, itiK for the purchase of the power
j company thai a price of an
i prbxtmatety $80,000,000 had he-r.
set.
The Byllesby cbmpany, in a te)e
grim to the Bventng Herald, evad
ed RlviiiK a direct answer lo 1 1to
report, and would neither definitely
deny nor eonlirm the reported saly.
In enRineeriitR circles it is con
sidered certain that the Bylletfuy
company will soon acqUlrd the Cal
ifornia Oregon Power company, ev
en if the actual stock transfer has
not been made, as was reliably re
ported today.
MYSTERY PLANE
IS TOTAL WRECK
BAY SHORE PARK, BALTI
MORE, Oct. 23.- UP) Great Brit-
nin's "Mystery plane," the supol'-
nuii'ine Kapler s 4, crnsheil this
morning during the liavlgahlll'tv
trials nml is n total wreck, Captain
Henry 0. Blnrdi the pilot, is .sur
forliiK Iron! Immorsion and sliock.
btlt .eSCItpejj injury.
COURT MARTIAL
OF MITCHELL IS
STARTED TODAY
Conduct tf Prejudice of
Good Order and Military
Discipline Charged
HELD DISRESPECTFUL
His Criticism of Higher-Ups
in Shenandoah Disaster
Bitterly Scored
WAHIIINOTO.V Oct. 23. ,,v,
"Conduct io tin- prejudice of koo!
order and Military discipline," was
charged ncaiuot Colonel Wm. Mitch
ell loiluy in court inarlial speciflcv
tlonx Korvcd Ifpon liim an a result
of his attack Sereral woeim rito on
the conduct of the army and navy
air KervIi'GH.
The stateraepi iK.nued by Colonel
Mitchell nt Han Antunlo after ;he
crash of the Sin inanddaa, said the
Formal accusatlun. constituted IiikuIi
ordlnatlon, anil nan "highly con
temptuous and disrespectful" to the
war department.
The charBc are brought under
the article of war which deals with
general oftfoaoi agalait the ciis
clpllae and rhoiI order of the army.
Xot fuller Aireet
Teehulral Ural probably will no'
take place until jtitit before the
officer goes on trial next week, al
though In the meantime ho remains
under orders not to leave Waahlsig
ton. It wus In this statement that the
colonel declared the loss of the
Shenandoah was duo to criminal
and almost treasonable conduct .if
the air services.
The specifications also relate to
tr-o Irtor rtal31'.nt;i, rfhloh are tt
scribed as equally objectionable.
Papers Berrcd
The charges are broup,ht In tin.'
name of Lieutenant Colonel Kyle
Kuckor. chief of the military affairs
reel Ion of tho JudKO advocate gen
eral's office and wero served upon
Mtichell by Colonel Joseph li. Mc
M ii lien, assistant judce advocate
Konorul. Repraaqatatlve Reid of
Illinois, counsel for Mitchell, de
clared the service of th" papers
carried Willi it technical nrrest of
the colonel, but war department of
ficials disagreed. They said tho
technical arrest probably would take
place Immediately before tho officer
Ih placed on trial before a general
court martial bore next week.
Th specifications against Colonel
Mitchell are eight Iii number, ail
brought under the ninety-sixth art
icle of war.
These spocifi.'ations arc as (fol
lows: 1 That Colonel Mitchell in mak
ing the statement zt September 5,
(after the wreck of the Shenan
doah 1, "Did conduct hinisclfto the
prejudice of g-s-d order ami mili
tary discipline."
2 That Colonel Mit.'hell on Sep
tember a, "Made a statement in
subordinate io the administration
of tiio war department."
3 That Colonel Mitchell on Sep
tember 6, "Made a statement high
ly contemptou9 and disrespectful
of the administration of the war
department to discredit the same,
the prejudice of geed order and mil
itary discipline."
4- Same as specification 3, ex
cept that it refers lo the navy de
partment Instead of the war depart
ment, 6 Same as the f Irjt four, but .re
ferring to the statements made by
Colonel Mtfchell on September 11.
Federal Officer
Still Mystified
in Duck Maladv
SAru.UtKNTO. Calif., Oct. ::!.
ip) Although not ready to Rive up
t he investigation, rjeorge Tim kin.
federal Rattle wttrtlen of this district,
upon his return jheVe yesterday from
the 'rulf lake dlstrloi . admitted
that he is still mystified regard In i
thf tiiiist' behind the wholesale k i 1 1 -iiiK
of wild ducks in the vicinity of
Iho lake.
In (teftC rilling thi1 Situation, Tonkin
said thousands of ducks have jtlled
And in places surrounditu; tho lake
"it looks as though an army of
hunters had passed through th.0
country i shooting tho limit of ducks
without removing the carcasses."
ivuuueu w ime ueauiig nis w ay
On Train; Skull Is Fractured
Brutal Attack Revealed at Daybreak Today
When Donald Jayne is Found Lying Near
Rails in Unconscious Condition
Condition Serious
BOSEBURO, Qtt. 'i'-- Claiming
that iuc wuh attacked, beaten, rob
iM id and thrown B moving train
nar Riddle, Donald Jayn;, a for
mer took In a local restaurant, was
bnuKht t-i Uercjr Hospital In this
city, early this morning suffering
from had lacoratloJH about the fa:e
and pOMlbl? a f ra-c t u red a k u 1 1.
Jayne .started jcuLh lyeutcrdsy, ac
cording u his . y He boarded a
lumber tar attached to a aoutli- I
bound freight, ncveral other tran-'
slentH also brdng aboard the car.
The train reached Riddle atout mid
night, be says, and shortly after
leaving that place he was held upj
at .the point oX a gun. Making
Coyote Menace
To Be Fought
By 4 Counties
Co-operation Greatest
Weapon Against An
imal, Belief
(Inns, trafis. and poison from four
different counties will be trained
on the coyote bands of southern Ore
gon and northern California this
winter nnd the ensuing spring.
One the 31st day of Octobc",
representatives from the county
courts of Klamath, Modoc Lake and
SiH-iyon coiintiej- reuresmtltives -f
wool growers associations from oach
county, a representative from the
Modoc National forest anil two rep
resentatives ot tne Cnited States
IHoIogicul survey, will convene in
the office of the Klamath Irriga
tion district to discuss ways and
moans of exterminating the preda
tory animal which does more dam
age in the aggregate than any other
carnivorous animal in Oregon.
The meeting originated with the
Klamath Wool drawers association.
It was felt by the local organisation
that coyote control work In this
section should out be confined to
either county or state lines.
Extensive trapping and poison op
erations in ono county -would mere
drive i ho (Instructive animal into an
adjoining county where control op
erations were not in progress at
that particuar time. Then when
that county started a campaign
against the coyote, the clever bea-t
would crowd back in another ad
joining county.
If all four counties. Lake. Modoc.
Klumuth and Siskiyou, cooperated,
iho association points out, more ef
fective, control work can be launch
ed. Among' the outside officials who
will lie present at the meeting are:
Charles H. Poole, head of the Cnit
ed States Biological Survey work
in California: Stanley C JeweU.
who holds the same position as
Poole, only in Oregon, and (I. W.
Lyons, supervisor of the Modoc Na
tional forest.
Gross Return
Of Beets Is
Near $20,000
Approximately 2 4 0 0
Tons Harvested in
Klamath
Twenty-four hundred tons at $S
per ton equals Jtlt.UOO.
This figure represents the approx
imate gross return uf farmers frov.i
the first Klamath harvest of sujrar
beets, according to M. 11. Oldemey
er, field representative for the Sac
ramento Valley stiKar company.
The- total Klamath beet crop for
the year will approximate 3400 tons,
and the prevailing price Is in the
neighborhood of S a ton.
About (ifl car loads of sugar beetj
a tt being shipped south for man u -fact
u re at the Sacramento Valley
Sugar company refineries in Sacra -ttieuto
valley. They are being load
ed from the throe different points.
some resistance he was attacked and
beat on into submission, his money,
amounting !.. about $S bning taken
from him. He sayi he was thon
throrivn off the car.
He was found there several hours
later In an unconscious condition
and wa-s rushed to Roseburg and
placed in the local .hospital. An ex
amination revealed that he was nu'
fermg from deep scalp wounds, and
possibly a fractured 3kull. One ear
wa3 torn almcst off.
Recaune of the darkness ho had
not obtained a good view of his
assailants and was unable to give
the offlceri a description Of the
men.
! Winthrop Gets
Parole; To Wed
Pasadena Girl
Young Engineer Gets
Out of Scrape and
Leaves
BEND, Ore., Oct. i!. Robert A.
Winthrop. sentenced to three years
in the state penitentiary and then
paroled to the district attorney on
his promise to repay those whom he
had defrauded and Deschutes comity
for the expense of bringing him here
from Pasadena, Calif., left yesterday
for the southern California city.
ic is undev6Sde4 fron .1 itMtast
made by Wfnthrop fn the court loom
before being . sentenced that Miss
Edna Grundy. Pasadena hetrass, still
awaits their postponed sredrliog day.
District Attorney Moore rtTcalod
at the time of sentence that six of
the seven grand jurors ha ! voted to
recommend leniency to the cou.'t and
Moore himself suggested a parole
following a sentence which would
run one year beyond the time given
Winthrop to repay the money. P. M.
Cleaves, one of the parlies defraud
ed, testified that previous to this oc
currence he had always found Win
throp most trustworthy an:i was more
surprised than hurt by th'.. transac
tion. Winthrop is given JS ntontln in
each case to make restitution, o
amounts being $S03 15 io the Lend
Garage company, $r,Z?. ?,5 tj Cleaves
r.nd $130 in each ca.se to pegctiatss
couqty. During the term of the parole
Winthrop must remain a law abiding
citizen, refrain from the M of in
toxicants and drtis and mnko month
ly reports to the district attorney.
P. O. Moved To
New Home; Will
Open Tomorrow
General Delivery and
Box Service Imped
ed Today
Klamath Falls' postoffice will be
in a new home tomorrow morning.
When the windows are thrown open
at S a. m. for business. It will be
in the Central Hotel building, on the
corner of Ninth and Klamath.
General delivery and box service
discontinued today while employes j
of the postoffice joined hands In
effecting the moving from the for-!
mer quarters in the Sunset Apart-1
ment building to the new location
ih tile Central hotel building.
Despite the inconvenience of mov
ing, carriers made their usual morn
ing routes with today's mail.
The postoffice will open tomor
row morning in its now location',
with .M per cent more floor space
than in the old building. It is plan
ned by postoffice officials to work
all night in order to give unrestrict
ed service tomorrow.
DETECTIVE INDICTED
MOW YORK. Oct. (&)- Nool
C. Scaffa, private detective who ne
gotiated tho return of Iho Donah VC
jewels, was indicted hy the grand
jury today, charged with compound
ing :i crime,
COURT DIVIDED
IN OPINION ON
CITY PRINTING
Majority Opinion, However,
Gives Contract to the
Morning Newspaper
TWO JUDGES DISSENT
Justice Coshow Declares
Evening Herald is En
titled to City Printing
SALEM, Ore., Oct. 23 Litigation
between the Herald Publishing com
pany of Klamath Kalis as appellant
against the Klamath News Publish
ing company and city officials of
Klamath Falls, appealed to the su
preme court from Klamath county,
was today decided by the supreme
court In favor of the respondontH.
The opinion, written by Justice Bur
nett, affirms Jude A. L. Leavltt of
the lower court for Klamath coun
ty Opinions ordinarily are handed
down only on Tuesdays, but came
down today to clear the way for
the fall session of the court at Pen
dleton which will begin next Monday.
The appeal by the Herald Publish
ing company was from an order of
the court dismissing the cose by
granting a demurrer of the defend
ants on grounds that the city of
Klamath Falls was a necessary party
to the suit.
Sought to Enjoin
The Herald company, as plaintiff
in the case, sought to enjoin the city
officers and tho Klamath News Pub
lishing company from entering Into
a contract for the city printing.
In the opinion today Chief Justice
McBrtde and Justices Hand and
Ilrown concur, and Justice Belt es
peciailY .conr :tt in .. scpasate--Kttt
ten opinion,' while Justice Coshow
writes a dissenting opinion, In which
Justice llean concurs.
The dissenting opinion points out
the allegation that after the com
mencement of the suit the city coun
cilmen passed an ordinance attempt
ing to award the contract to the
News, but that the mayor vetoed
tho ordinance on grounds that the
bid of the Herald was lower, also
the allegation that the ordinance
was not re-enacted or passed over
the veto; further that the council
later passed another ordinance of
the same purport and passed it the
same day it was introduced, and that
after the mayor vetoed it on the same
grounds as the previous ordinance, it
was passed over his veto.
Clearly Violation
Relative to the introduction aud
passing of a second ordinance on the
same day, the dissenting opinion says
"This is clearly in violation of the
mandatory provision of tho charter
prohibiting passing an ordinance on
the day of its introduction or with
in five days thereafter, or at any
(Continued on I'afru Seven)
More
Payrolls
Mean
Greater
Opportunities
For every working man and
farmer In K'amntb county.
That being so, do you thiiiii
it is fair to spend your mon
ey with firms that are op
posing the coming of ano
ther railroad, instead of with
the concerns that are doing
all they can to bring one in?
When you have a dollar In
spend, spend with the mer
chant who is helping to
make Klamath Falls a big
ger and more prosperous
city.
.,iH