Weekly Oregon statesman. (Salem, Or.) 1900-1924, April 11, 1905, Page 1, Image 1

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    SU0 SEL;i-'..ii.'.i
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: lUfcSL'AT LU U
nrTY-rouiiTii yeas no. 7.
rxssT section ekjut pac:
Held to . Trial for valuing Death of
Prank FerrelL Shop
Accused to Pace Charge on May 22
Wright Will Be Released Prom
Walla Walla Monday, but Will Be
Arrested Immediately.
"Harry Wiight and Charles
Monte are accused by the grand f
jury of and for the county of
Marion, state of Oregon, by this
indictment, of the crime of mur
der in the first degree, committed
as follows: .
The said Harry Wright and
f Charles Monte, together' with
Harry Tracy and David Merrill,
the said Harry Tracy and David
Merrill being now deceased, on
the Oth day of June, 1902, in
the county of Marion, state of
Oregon, then and there being, did
then and there unlawfully, felon
iously, purposely, and of deliber
ate and premeditated malice, kill
Frank Ferrell by then and there
unlawfully and feloniously shoot-
ingthe said Frank Ferrell with
a gun, said gun being then and '
there loaded with powder and
leaden balls, contrary to the
statutes in such eases made and
proviued, and against the peace ,
and dignity of the state of Ore-
zon-" ;
j hat Harry Wright and Charles
. Monte must face a jury of twelve men"
upon the charge of murder in the first
degree is now a settled fact. The
Marion county grand jury returned an
indictment against the suspects yester
day based upon the evidence which was
produced before that body on Thursday
of last week. Wright and Monte are
accused by the 1 indictment of hiding
Frank Ferrell by snooting, on June 9,
1.02. Although the shot which killed
Ferrell was fired by Harry Traey, the
notorious outlaw, who in company with
Dave Merrill escaped from the Oregon
penitentiary on that day, the state pro
poses to prove that the eonviets came
into possession of the guns used
through Wright and Monte, who, it is
claimed, smuggled the weapons into the
foundry of the prison for the purpose
for which they were used. The evi
dence in the bands of the prosecution
is said to be conclusive and District
Attorney J. 11. McNary feels confident
he wll be ' able to send the accused
men to the gallows since if they are
found to have been accessories to the
crime even before the fart, in the eyes
of the law they will be held equally
as guilty of the crime as the parties
who actually committed the murderous
During the progress of the grand
jury's investigation several important
as well as interesting legal points pre
sented, themselves for the consideration
ot District Attorney McNary. The first
was that since Harry Tracy and Pave
Merrill were the principals in the crime
for which Harry Wright and Charles
x Should be the first consideration with all buyers .
Reliable Merchandise
Costs more than merchandise of uncertarn quality, but the best is
alwaj-s the more economical in the end. We make it a point to keep
such goods as will be up to the standard of quality desired by the
best trade.
And our economical business methods enables us to sell the best
at a lower price than is usually asked for medium qualities. Let us
show you our . j ?
Summep Wash Goods
The 'assortment is unusually large; The new patterns are very at
tractive. An inspection of our j j ;
Dry Goods Department
Will convince you that we are offering great values in the most
desirable novelties of the season, j j -
Is the place for cash buyers to trade
Shoes j
Everything in ladies' and gent's
' Men's Straw Hots
Are now ready for you : L , - -
Monte most also answer, whether or
not it would, be a legal requirement to
make the former two defendant In the
ease together with the latter, een
though both of the former are deceased.
It was finally decided that this was
not necessary.
Another question arose as to whether
or not a .confession, made by Mcnte
eonld ;be used as evidence against
Wright, his partner in crime. - It was
found -that it could not as the confer
ion- was made after the crime had been
committed. U is stated by the district
attorney that if .Monte had made his
eonf estott' before or .-.while the '. trim
war being planned and. carried out, be
wouia nave Been permitted by law to
use -the confesiion in his effort to se
cure the ; conviction of Wright-:;!.
f Charles Monte being a convict in the
lnjieniiary, nnaer sentence lor com
mitting another crime, the question also
came up a to whether or jaot the au
thorities ox Marion county can get jur
isdiction over him at this time, or be
fore 19o8, when the term which he is
serving expires. Governor Chamberlain
would have been willing 7 to pardon
Mpnte in order to place him in the
jurisdiction of the circut court for this
county, bnt under the law the prisoner
would , not have been compelled to ac
cent the rtardon. However, all the an.
thorities bearing upon the point were
torney McNary is now positive that he
ean take the convict out of the peni
tentiary to try him for a crime greater
than that for which he is now Serving
time. -v
The eases against Wright and Monte
will probably be brought to trial on
May 22, the day when the jurors will
report to the court for further duty.
Harry Wright will , be released from
the Walla Walla penitentiary on -Monday
of next week and Sheriff Culver
will be on hand to, take him into cus
tody and bring him to this city, where
he will be confined in the county jail
to await his tral upon, the eharge of
murder. O
Frenzied With Excessive Drinking, Jo.
seph Starkey Attempts to Extermin
ate Brother's Pamlly, When Kis Aged
Father Pulls Gun and Shoots to KUL
PLACER VILLE, Cal., April 10.
Ypntcnkv afternoon at Indian Di seines
in TCldnrado iountv. Austin Morgan
Starkey, aged 74 years o save the
lives of two ox his granaenuaren ana
himself, shot and killed with a Win
chAitor rlflle. hi son Josesh Starkev.
aged 35 years. It seems that the son
bad been d rinsing to excess ana as a
rnnnlt h.d become frenzied. Yesterdav
he attempted to exterminate his broth
er John's family with an axe. John's
three children were in xront or nis res
idence when their uncle Josenh attack
ed them and one little girl .aged 10
years, was killed at once The ether
two children, with their grandfather,
ran into the house and barred the door
against Joseph, who pursued them and
with his axe began to hew down the
door. A call to him to keep back was
unheeded, and a h wa forcing his
way through the, door, o advance upon
them, the old man raised mi rme anu
shot him dead.
WASHINGTON, April 10. The
state department received the follow
ing cablegram from American Consul
Hirsh at Malaga, Spain: "Wheat was
reduced 50 per eenv today on account
of the poor crop. Advise sellers that
American wheat in in great demand."
'urnishings. The new shapes in
S7X '
So Declare Bnmors That Set Citt
zeus In St. Petersburg -
::..: 'Agog-
Absence of Adequate Dry dock in Phil
ippines Believes United States of
Necessity of Deciding Question No
ir lace for Basslan Boats to Clean Up
sia'a information recardintr Boiestven
sky's fleet is based soiely on foreign
telegrams, wiuen are au too meagre to
prevent the quiek ripening .of a crop
ox rumors, according to one or which
the adverse fleets have alreadv joined
in battle. . Others of these dispatches
r railing io locate variously tne
battleship division of the squadron.
. Some naval officers conjecture tht
tne lour battlesuips are delaying in or
der to effeet a junction with Neboga
toff's division, but general credence is
given to the report that the battleships
are taking a southern route through tne
Bunaa straits. Meanwhile, events in
Manchuria have come to a pause, and
at norae tne : main attention is being
given to tne work or tne ttouligan com
mission charged with formulating the
plan for a representative assembly
Eromised by the imperial rescript of
arch 3. The commission is meeting
twice weekly.
Bevolutonaries today contrived an
impromptu meeting in front of th pub
lie office of the iron works at the hour
of beginning work. An immense crowd
of workmen was attracted anu revolu
tionary speeches were made, redjlags
were produced and proclamations dis
tributed. : Six policemen, who attempt
ed to disperse the crowds, were roughly
handled, but the assemblage scattered
at the approach of the police reserves.
Washington, April 10. There is no
dock in the Philippines big enough to
handle any great Russian battleships
so that fortunately it will not be neces
sary for the state department to decide
whether or not the Russian vessels ean
dock. in our ports to clean their bot
toms. The naval records show that the
dry dock at Saigon, which is 500 feet
in length, will accommodate the .Rus
sian ships, so that the French govern
ment is liable to be confronted with
the question, j
Paris, April 10. The authorities here
are satisfied that the Russian second
Pacific squadron will not seek to put
in at Saigon, in French Cochin China,
as the shallow haroor win not permit
the entrance of deep draught warships.
Manila," April 10. The German
steamer Strove, which arrived here
from Saigon, has reported that on sun
day she sighted two Japanese cruisers
in the Chinese sea, headed for oinga
Famous Kan Patterson Trial Goes Over
for Another week rending .
Smith Extradition.
VKW YORK. AdHI 10. The trial of
Nan; Patterson on the eharge of killing
Caesar Young, which was to have be
min hofni-A Recorder Goff in the court
of general sessions today, was postpon
ed for one week upon request of the
The postponement was granted on ac
count of the fight against extradition
being made by J. Morgan omuu ami
hi wife, who are now under arrest in
rsnoinnatl charged with . eonsoiracv
with Nan Patterson in connection with
the Young ease. The Smiths are want
ed here particularly to be witnesses at
the murder trial. The motion for a de
lay was strongly opposed by Abraham
Levy, chief counsel lor the defendant.
In granting the postponement. Recorder
Goff said he did not think, the interests
of the defendant or of public justice
would be interfered with because of a
week's delay..
Miss Patterson was , not taken to
court today. ; - ; '
Dr. Freiberg of New York College, Dis-
covers Hew Expioatrt xnat , .
Injures Him Severely.
TtfKW. YORK. Anril 10. It is bc-
Vte-vmA bv scientists that a high explos
ive of even greater strerigth than nitro
glycerine or nitro-chloride has been dis-
rtj ytrrcti vj jlsi . - w.
the cbemutry department of the Col
lege or the caty or xew xora.
tt. iii.rv im th resnTt of an "ex
plosion which, occurred Saturday while
Dr. Freiberg was experimenting in the
laboratory of the college with a sub
iltl ti chemists nitro-einna-
mie acid, which is nsed in the msnofac
ture of indigo, and heretofore consider
ed bv "the scientifle world as a harmless
liquid. Dr. Freiberg was injured by the
psrticles of flying glsss.
Nitro-cinnamie acta is extraciea i rum
.; mnA rianamie. acid. Dr. Freibere
is positive that : be is on the track of a
ntgn explosive ia mmj ut-
ers, because the explosion took every
direction, and did not confine itself to
one path. . y ... r
Factions of Unionist- ?arty in England
, Will make an Ezort to uex
fivnnV. Anril 11. A new more is
on foot as a result of the Brighton re
K.,e? tt the reerntlv srmointed union
- a
junior lord of the treasury, to effect a
i.- Ko wmr th Balfourite
m.anKarlail:t MftlOM f the L B
ionist party. I aX pnate Oinner x tne
uu w." - -
tariff ,'ref ormers last . night,." Joseph
caamDeriain la a short speech dwelt
on the urgency of effecting unity in
the party.
He called a meeting of his party
for Thursday to discuss relations with
the colonies 5 and ' the , possibility of
reaching an agreement on the fiscal
question. No secret is made ; of the
fact that it will be a momentous meet
ing, upon which will hang the fate of
the Unionist party and further, that
if : no compromise eaa be arranged,
Chamberlain will . make., an . open split
from Balfour, which would result in a
speedy fall of the government.
Knight of Road Gets Badly Mashed Up
in Freight Tarda at Albany. .
ALBANY, Afril 10. Bodolph Olsen,
a Swede hobo, about twenty years old,
had . one foot so badly crushed in the
freight yards here tonight that it bad
to be amputated, while the. heel of the
other, was badly mangled., lie' arrived
in the city via the bumpers and while
trying to bit terra firma his right foot
got mixed up with the wheel and rail,
with the result that it was crushed so
badly that it had to be amputated at
the hospital to which he waa taken.
lie , was going . through to , Astoria,
where he said he expected to procure
work. ' : ' -
Conunssioner Garfield Will Draw Cur
. ; tain of Secrecy About Invest-
lgation of Oil Trust.
TOPEKA, April 10. Commissioner
of Corporations Garfield announced to
night that the investigation of the
Standard Oil Companvin Kansas will
be started, at once.. The hearings will
all be secret, and no intimation of the
commissioner's work will be made pub
lic until the report Is given to Presi
dent Boose velt.
American Baptist Missionary Union
Solicits Funds From Standard Oil
Magnate, All Of Which Is to Be Spent
Outside of Country.
nnsrnv a in a iff e onn ,
WV A p g v A A V Vsvv
000 irom John Rockefeller to the
American. Baptist Missionary Union
was announced toiay. by Treasurer U,
W.; Perkins, member of the. executive
committee. One-half of the amount
was received last Friday and the re
ceint of the donation was made public
at that time. At a meeting today
Treasurer Perkins said an additional
sklfai'l fsTVfi fim ttiA aacaenjBi smiMa ra m
its disposal to be used exclusively for
the construction of mission buildings in
foreign countries. Ths money has net
been received, but will be available
whenever the demands of the work con
templated require it. Neither gift, the
treasurer stated, was voluntarily con
tributed by Rockefeller, both having
been solicited by officers or the union.
Martin Ebelt, Who Strangled Young
Wife in New York, Dies in
Electric Chair.
OHSINO; N. Y., April 10. Martin
Kbelt, w ho murdered his wife at Mount
crhon, paid the penalty of bis crime
in the electric chair in Sing Sing pris
on today. , Ebelt killed his wife June
24, 1903. The young woman was 19
years old and Ebelt was '12. , Jealousy
was the motive for the murder. ,
Ebelt induced his wife to accompany
him on the evening of the murder by
telling her that he wanted to introduce'
her to a person who would give her
work at $6 a week, and that she could
have the wages . for spending money.
At a lonely spot near their home he
strangled her to death,, afterwards
throwing the body into a, sewer, where
it was found a few. days later.. When
discovered a shoestring was tied tight
ly around the woman s neck.
Coatmakers' Strike In Chicago Still on
. Deliveries Are Made to
Freight Offices.
CHICAGO, April 10. Nothing in to
day's developments indicate a peace
able settlement of the strike inaugurat
ed by the teamsters - against the mail
order house of Montgomery Ward ft
The wagons and vans of the big store,
manned br non-union men. made sev
eral turbutoit trips today delivering
goods to the railroad freight bouses.
Although big sad noisy crowds followed
the caravans and the noliee were foreed
to break a number-of blockades, the
deliveries to the railroads were declar
ed by the officials at the viore to have
been a great deal more successful than
last week's efforts. -
Tacoma Girl Takes Carbolic Add In
i Attempt to Commit Suicide. '
TACOMA, April 10. In the presence
of her sweetheart, Mand T. Brook of
1115 South Eleventh street, attempted
suicide this afternoon while standing
on a public street. . She draak nearly
a teaspoon fol of carbolic acid from a
bottle which she' carried in her band,
waving the bottle containing the acid
in the man's face, fell swooning lata
his arms. She was taken to a hospital
and will probably recover -t
Conrad Krebs f the firm of Krebi
Bros and Sam Jones of Books, became
involved lira quarrel in front of Ecker-
len's 'saloon on Commercial street yes
terday and finally , engaged in, a fist
fight, daring which several hard blows
were delivered. The result was that
Mr. Kreba paid a $5 fine in the police
court, ft being shown that he was the
aggressor. - .,.:Ur :
After pie Court Attempted to Annul
, Its Action on the Ground
; of Inralidlty.
Supreme Court Denies Motion to Dts
: miss Appeal In Marion County Suit
to Recover Possession of op Land
Opinions Handed Down Yesterday.';
In reversing the decree of the lower
court in the ease of Multnomah coun
ty, respondent, vs. Title, Guarantee and
Trust Coimpany et al, appellants, yes-
terdaylhe supreme court, in an opin
ion rendered by Justice Bean, holds
that while the board of county commis
sioners has authority to adjust or com
promise pending controversies as to
the validity of a fax certificate, the
court of Multnomah county erred in ita
attempt to rescind a compromise en
tered into with the. trustee of the de
fendants property in that.it Tailed to
refund the money which had been paid
and accepted as full satisfaction of the
rights of the plaintiff, and the action
was dismissed. ' - ' ;
This action was brought to set aside
a compromise v concerning the ; validity
of certain tax certificates aggregating
$25,000, against fcloek 178 of Portland,
and eigh'v acres of land in the Qu inn
donation land claim, In or near Cue
eity. - Tae property was assessed to
P. A; Mirquam for fho year 1S94 and
to his successor in interest, the defend
antitrust company,-for the years 1895
and 1897, inclusive: In in'e passing of
title to the' property from the plaintiff
to the trustee the latter proposed -a
compromise of the delinquent taxes
due upon the property for $15,774.53,
which was accepted by the county com
missioners. Two years later the coun
ty commissioners brought this action to
rescind the compromise oh the ground
that it was without jurisdiction and
that it was illegal and voidT
Remanded for New TrlaL
, Justice Bean also Handed down ah
opinion in which he reverse's the de
cree of Judge Alfred F .Sears, Jr., in
the ease" or the Pacific Mill Company
of Honolulu, appellant, vs. Inraan,
Poulsen & Co. -al Portland, respond
ent, and remanded the cause for a new
triaL :y- ;.i ,;,i'.:t;,;:!.""'. -':
This is an action wBich was brought
by the plaintiff to reeover damages for
a breach of contract, wEich was non.
suited by. the lower court upon mo
tion of the defendant company. The
contract alluded to was between the
plaintiff and defendant for the estab
lishment of a lumber yard in Honolulu,
and the complaint avers full perform
anee by the plaintiff and readiness and
willingness to perform, and a breach by
defendant. Tne only question taken
up by the appellate court was whether
the plaintiff company had collected on
the new subscriptions to the' capital
stock ,as represented, which the court
holds it did, and if the officer of the
company have misapplied, wasted or
dissipated the capital stock, the de
fendant is not without remedy, but has
no excuse for refusal to abide by the
Court Has .Jurisdiction.
The motion of respondent to dismiss
the appeal was denied bv. Justice Moore
in the case of George Wolfcr, respond
ept, vs. W. . Hurst and H. A. Hrakle,
appellants, an appeal from this 'county.
This is an action of forcible entry and
detainer to reeover possession of about
eiguTV acres of hop lanl situated near
Hubbard. The plaintiff secured a judg
n tost cf i&mtfoa
alem Woolerf ;Cv3IDD; : 8fc
ment in the lower eourt and the de
fendants appealed. The motion to .dis
miss the appeal was made . upon the
ground that the supreme eourt had no
jurisdiction of the cause for the rca
son that no undertaking for the pay
meat of the rent of the premises was
given-within the time prescribed and
that no appeal exists from the judg
ment rendered in aetidns of this kind.
, Some Other Opinions.
J. B. Brown, respondent, vs. Theresa
Feldwert, appellant, from Lane coun
ty, J. ,W. Hamilton, judge; affirmed.
Opinion by Chief Justice Wo I vert on.
This Was a suit upon a. note for $215
in favor of Dr. Meyers Co. The
plaintiff alleged that the note was en
dorsed to him for value before ma
turity. This the defendant did not
deny, but set up as a defense that the
note was procured by fraud and that
plaintiff was not an innocent purchaser.
The supreme eourt holds, as dd the
lower court, that by failure to deny
the allegation of the . endorsement for
the valne before maturity, tie defend
ant had maTle admissions which pre
eluded her introducing evidence in sup
port of her defense, and the judgment
against her must stand. .
Alfred Lewis et aL appellants, vs.
Joaeph T. Beeroan, respondent, 'front
Jackson county, II. K. Hanna, judge;
reversed. Opinion by Justice Moore.
This was a suit to foreclose a me
chanic ' lien. Only part of the de
fendants sued, for which reason the
suit was dismissed. : The supreme eourt
holds this was an error, and finds for
the appellants.
The Moore-Sehafer fsboe Company,
appellants, vs. M. Billings, Charles An
drew and Goddard-Kelly rhoe Com
pany, respondents, from Multnomah
county, M. C George, judge; affirmed.
Opinion by Chief Justice Wolverton.
Roosevelt and Party Have Sport of Wit
nessing Dogs Do all the Killing
However, He Enjoyed Good Old
Faabioned Oklahoma Drenching.
OKLAHOMA CITY, Okla., April 10.
The president and his psrty began
their, return' this morning after exper-
iencine a westen ram storm during the
night. ' A special from Frederick says:
The Wolf ehsse, to which the presi
dent was so eagerly looking forward,
began early this morning. There were
about forty dogs in the pack, and those
which had not been tied had been hos
ing all around this portion of the reser
vation since tbey arrived la camp and
every now and then a cheery yelp told
their masters that they had scented
A party or about a dozen, including
resident Roosevelt and his doctor, bad
not traveled far until the dogs were
leading them on to what turned out to
be a fresh seent. Soon the leaders
were rewarded by seeing in a neighbor-
ng ravine a lank irrey Wolf deliberate
ly loping as if unmindful of its pur
suers. The- dogs all seemed to catch
sight of the prey at the same time, for
pursuers and dogs now set forward
with renewed energy." The wolf 'tried
to eludn its pursuers by dodging but
this only hurried matters as it enabled
the foremost dog to catch up with its
rey. As the wolf turned to beat off
its assailants other dogs sprang upon
he bristling animal and bore it to the
ground, where it was quickly dispatch
ed without the aid of the hunters. Two
other wolves were killed in much the
same manner.
' t ;
Mexico having gone to the gold etan-
dard, Mr. Bryan will have to find an
entirely new issue. t And It is pretty
generally understood that be is hunting
for one. lie stuck to the old one after
most every one else Lad abandoned' it.
Suit Megaphones
. KveryJHpring Suit we fell will be a Megaphone for us, calling attention
to our superior garments.
Spring styles are diflerent Coats Jonger, Trousers wider collars and
lapels wider, with many new kinks In the cut and make up.
. lick out youi favorite; you'll find the right ahspe. the right shade, the
right weight at jost the rightyrice.
Look or buy you'll be welcome here at any time.
VcVe a Heaping IVIeasurc of Value
In store for you, regardless of whether you buy a suit at f 10,' $15, f 18 or 20.
. We'll 1 satisfied when you are, bat not until then Is your money ours
Extra Trousers are the salvation of many a passable suit.
The Spring styles are very neat, while the tailoring Is simply perfection
in t rouse r making. Trouser Cassimerea, Worsteds and Flannels. New
Spring patterns.
We've Trousers for $3.00, Trousers at $7.00, or at any prices in between.
Unearthed by Secret Service Men Soli
to Belong to Packers of
Secretary of Safe Deposit Company in
Whose Vaults the Boxes Are Found
. Ordered Into Court He Brings the
Goods W.w Him.
CHICAGO, Aprl 10. The contents of
eight mysterious trunks, unearthed by
government secret service men in tlte
vaults of the National Safe Deposit
Company, occupied the attention today
of the federal -fraud jury Invent f gating
the business affairs of the so-called beef
trust. A subpoena duces tecum for
Daniel Peckhsm, secretary of the safe
deposit company, was issued by Judge
Landis to fore the company to pro
duce the trunks in the jury room. Thev
trunks were taken to the office of Ii-
trict Attorney Morrison, where, it is
said, they were opened and the contents
What the trunks contained and what
connection thev have in the ease is not
known, as the government officials re
fuse to discuss the matter, declining
either to deny or confirm the: explana
tion current that the trunks might be
long to the packers.
Pierce Insists He Waa Responsible for
Beaching 8t earns hip Centennial.
PORT TOWXSKND, April loi-Tlie
steamship centennial, which grcundd
at'Marrowstone at high tide last nignt,
bound from San Francisco to Hk-attle,
is still held a prisoner on the sands,
but is in no .danger. Low waber to
day showed the vessel resting even on
its keel, removing of fesrs of her bark
breaking, while absence of water in.
the welt shows she is not leaking.
Lightering the cargo will begin tomor.
row, and it expected the vessel will be
chtened enough to slide off on txie
high tide. A large fleet of tugs will bo
on hand to make a supreme effort when
the tide is at its fullest. Captain
Pierce insists upon assuming all blame
for the mishap, and assumes all re
sponsibility without offering an escuse
of any sort.
Wholesale Interests Don't Like Bail-
road Bates and Will Say So
This Week.
PORTLAND. April 10. The North
Pacifle Coast Jobbers' Association, rep
resenting the wholesale jobbing inter
ests of Portland, Seattle and Tacoma,
is dissatisfied with the compromise
proposition offered by the transcontin
ental railroads at a meeting between
the association and the railroad men
ast week, regarding the readjustment
of the freight tariffs , between coast
points and the interior.
it is stated that the jobbers will, at
a meeting with the railroad men whim
is expected to occur on Wednesday or
Thursday, decline to accept the projosl-
tion and renew the request that con
cessions asked for at the meeting be
tween jobbers and the traffic men hell
in January be granted.
WASHINGTON, April 10. The
monthly report of the department oC
agriculture will show the average con
dition of winter wheat on April 1 has
been 01.6 against 76J5 on April 1, 1904,
and 83.1 the mean average of the last
ten years.