Daily capital journal. (Salem, Or.) 1903-1919, June 21, 1905, LAST EDITION, Image 1

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Daily capital journal., June 21, 1905, LAST EDITION, Image 1

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Newspaper Page Text& 1AST EDITION, 3!30. " DAILY CAPITAL JOURNAL VOL. XV. MITCHELL TRIAL SALEM. OREGON, WEDNESDAY, JUNE 21, 1005. NO. ltf. '"ttfr BEGINS Jury Completed Last Whose Verdict Is Pinal Night Portland. Juno 20. Tho V. 8. court room, in tho post office building began to fill up nt 0 o'clock, an hour beforo tho timo sot or tho trial of Senator Mitchell. Offi cers of tho court woro preparing tho placo for tho reporters. Outsldo thronged tho ICO jurors who had been mmrnoncd from all parts of tho stato to serve on this momentous occasion. Bomo who woro summoned from rcmota parts of tho stato wero unablo to reach Portland. Many got tho summons on j Friday or Saturday, nnd, with largo farms on their hands, could not mnnago their work to lenvo, except at a great loss to themselves. At oxnetly 0:25 tho bailiff opened tho court room, and ad mitted tho jurors, who practically filled all tho scats. Tho court room is about 40x40, on tho second floor of tho post office building, nnd is completely equipped for holding court. A largo oil painting of Judgo Dcody ornaments the wall bohind Judgo Dollavon 's seat. A masslvo sea-green chandolier haqgs in the center. The jurors nro n solid looking lot of men, substantial farmers, with faces tanned and hands hardened from toll in tho fields. I hnvo met a groat many of them, and they seem generally dis posed to do justice, and find guilty any man who deserves tho pennlty of the law. M 0.45 Senator Mitchell entered and took bis seat. Ho stood erect, walked elastic and hnd a clear expression on bis face. Judgo Bonnott cnm,o in next. His hair wns not closely brushed, and there wns n short, stubby growth of beard on bis fnco that reminded ono of a cross betweon Eastern Oregon sage brush and Shakespeare's "now-mown itublle of harvest home." At 0:53 Frances J. Jlcnoy entered. His hair was parted in tho middle, he woars glasses, has a llttlo bald spot on top of his head, red spots on each cheek, a noso slightly bobraic, set exactly in tho mlddlo of his face, and wears a gray suit. At Hcncy's elbow sits Hoprcsontn. tive Hanks, who mado tho famous speech about living in a houso with battens, rnthor than not voto for O. W. Fulton for U. 8. senator. Ho is now assltant U. 8. district nttornoy, nnd docs not hnvo to llvo in a battened house. Tho Boauty.of tho Bar. John M. Thurston, of Nebraska, sits nextto Judgo Bonnet, and is tho tall, fino-looklng man of tho wholo battery of lawyers engaged in the case. Mitch oil wenrs black, and looks saddened over tho deaths of two daughters In tho rast few months. Ccrtnlnly ho has been pursued by hard luck, And can say with Curdlnal Woolscy, "If I had served my God all my life with half tho zeal I havo served tho pcoplo ho would not have abandoned mo to mlno ene mies in my old ago." After n request by Chas. J. Lord that his trial be set for next Monday, Marshal Reed called tho panel of jurors, and nearly all woro present. Of 200 caled 142 answered present. At 10:15 Judgo Dollavon asked all who wanted to bo excused to stop forward. About 100 arose, and crowded ..up in front. Tho judgo tnlked quietly with each man. Tho excuses could not bo hoard' by tho reporters. Tho jndgo is n smooth-shaved man, all but a white chin beard about "'j inches long. Ho has clear gray eyes, a ruddy faco and of jurors wrts begun, nnd there wns tho closest kind of sparring for tho rest of tho afternoon over selections of jurors. To tho surpriso of every one O. Stolncr wns accepted after a closo and searching cross-ilro from Judgo Bennett nnd District Attornoy Heney. Thcro was a denser crowd prcsont than in tho forenoon. Quito a number of womon were present. District Attor now John II. McNnry, who has charge of tho Morion county land fraud indict ments, wns present nt tho trial. II. Cleveland, of Liberty, was accepted quickly. Alderman Downing, of Salem, was accepted by tho stnto. Hcnoy tried to get him to nay that Senntor Mitchell helped his father get an offlcc. Was nsked if he knew A. It. Downs. Washington. Hcnoy and Burns had a long talk, and then Downing was asked how long ho hnd been In politics. Burns dug up tho fact that Downing hail once been a member of a county campaign committee, nnd was now al derman. Asked if ho wns a Republi can ho said he wns. Bennett excepted to this question. Hcnoy nsked If he would not support Mitchell if ho wcro n candidate ngnln. Said ho might. Heney challenged him, nnd tbo court sustained him. Judgo Dollavon said Downing admitted having formed an unqualified opinion. Ed. Dalleyj of Kerby, wns accepted by both. Frank K. Hart, of Portland, wns excused. D. M. Klrby, Bcllviow, Yamhtll county, wns excused by defense, Hcnoy object ed to tho challenge) nnd Judgo Dollnv en sustained tho challenge, so Kerby went off tlio jury. H. T. Hill wns examined. Had rend and heard It talked about. Couldtf't help but have some idea about it. Could givo defend ant n fair trial. Accepted by defense. Heney developed that Hill knew Plcrco Mays quito well, and that be was a brother of W. Lair Hill. Lives thrco miles from Portland. Heney had a long struggle with this juror, and tried to get him to admit that bo had a projii dico against Mitchell. Hill proved to bo a very cuto jurymnn. Ho evaded scores of traps set for him, and eluded any number of fliers.. Ho wns Anally challenged percmptorially. L. B. Oliv er, a Pendleton grocer, was weighed in tho balance of the prosecution and de fense, nnd found not wanting. Bert Leabo, formerly of Forest Grove, was perfectly fair-minded, unprojudlced nnd dispassionate Bennett-was willing to try him as a juroror. Henoy discov ered that Leabo had held no public of fice, did not know J. J. Fitzgerald, Dov er mado a timber entry, had a brother who never made a timber entry, did gray hair. Ho scorned to let mon off pretty easy, and the relieved men tiled l Z ft. son why ho could not try enso fnirly, e.. rim. 'i KThoSn ram Process. . FLEXIBLE- SOLE' Wmx&H.o.usp iSHDXirORiWOMEM Remarkable Results f torn. the Ladies' Bown's Pro cess Ttn Sole Shoe Twice tho wear of a welt sole, Is tho "port wo recolvo from customers who we wearing them.. That's ranch better we expected, but actual service proves U to bo a fact. Tho sola is the Ideal of flexibility haying no Insole Is lighter than a elt, but In appearance can hardly be distinguished from the "doodyear " shoe. Our prices at 82.60 and $2.95 bring ttu within the reach of all. Banes' Cash Store I the only store in Salem that has uem. & T. BARNES, PROP. out. Bight behind Public Prosecutor Ho ney sits tho bull dog of tho secret sor vice force William J. Burns. Ho is a short, full-bodied man dressed in graj storo clothes, has a moustache with tU tips curled up by tho barber, brown hair nnd wears a brown dorby hat. Sickness, crops, visitors, business and fnmlly nffnlrs were alleged. The men who wanted to go homo were a nervous, distressed looking lot, while tho jolljr, well-fed, satlsfled-looklng fellows were keeping their seats, and willing to serve. Mora than half who applied were not excused from service. It was 11 o'clock before Judge De- did not know Mitchell, nor Bennett, Wns accepted by Henoy, K. J. Jeffrey, of Portland, read Oregonlan, know Heney 40 years ago, lived in California, felt kindly toward Mitchell had never been influenced by any articles in tho Not Influenced by Oregonlan. Oregonlnn in tho past, and would not bo influenced by anything it might pub lish in future. Accepted by defence. Honey developed that Jeffrey was sher iff in tbo sovcntles. Knew Osoar Ken dall. He was a dyer. Never got a pass for Kendall. Bennett objected to sides. E. Michael resided in Portland, kept rooming house, enmo from Kan sas, know Mitchell. Honey dcvclopod that Mitchell had helped Michael to get a ponslon, but accepted him. Then Michael asked 'to bo excused, as ho hnd serious urinary trouble. J. P. CInus son was a nnttvo of Denmark, lived in Coos county, and had no opinion. Ac cepted by both sides. 0. P. Sharp, of Utafford, was born in Marlon county, but was challenged for cnuso by do fensc. Heney resisted tho challenge. Juror had it in mind that if tho publi cation wcro true ho would convict. Judge DcIInvcn gavo him nn overhaul ing, and decided to dismiss him. Cas per Wlsemantcl hnd llvod in Oregon of! City the Inst couple of year. Before that he lived in Mnekshurg. Cnmo from Germany. Took up a homestoad in 1809. Had his mind pretty well mado up, Ho had not expressed It. But It was strong nnd unqualified. Tho court nsked Wlsemantcl n few ques tions, nnd decided he would try to do tho fair thing, Bennett thought tho juror was too strongly undor convic tion to bo n fair juror, but tho court thought otherwise. Then Bennett took his prerogative. Wm. Otto Broymtn had a fixed nnd definite opinion, nnd was excused. F. B. Gray, Russclvtllo, Multnomah county formed opinion from published sworn testimony. Was ex cused. Frank Warren drnwn. Joseph Huddleson lived in Lane county 40 years had read, formed opinions nnd expressed them unqualifiedly. S. D. Ho. bartlivcd in Silverton 40 yoars, was not prejudiced against Senntor Mitch ell, thought ho could try the case. Ho was accepted by both sides. 8. A. Carl son, of Jackson county, was neenpted by both sides. B. F. Grant, Lincoln county, was accepted. Frank Walters wm also accepted. W. 11. Lewis, also of .Clatsop, was accepted. This com pleted tho jury, and tho judgo ordorol that tho jury bo excluded in chnrgo of tho marshal, nnd bo given no nows papers. Adjourned to 10 o'clock Wed nesday. The Jury. Gid Stelncr, Mnrion county. J, P. Claussen, Coos county. J. A Baxter, Polk county. It. L. Olllver, Umatilla county. Brrt Leabo, Yamhill county, - A'SBailey, Josephine county. Homer 0. Cleveland, Marlon county. S. II. Hubert, Marion county. S. A. Carlson, Jackson county. B. F. Grant, Lincoln county. Frank Walter, Clatsop county. W. II. Lewis, Clatsop county. Who Is Dollavon Portland, June 21. (Editorial Special) I have not met Judgo De- Haven or Heney or Burns, because I nover cbaso after celebrities or prom! uent pcoplo. But I havo been talking with a man who was raised in Califor nia in tho same county with Dollavon. Ho says ho was a poor boy, who was mado a protege of Judgo Wyman, of Kurcka, ono of the old pioneer jurists. Dollavon was elected District Attornoy and served a term. Ho wns elected su perior jndgo of Humboldt county. He whnt nny prlvnto cltlzon might have. His position on tho agreement as to division of foes Is that tho original con tract was mado during tho timo ho was out of office. Subsequently they mado a new ngrecment, dividing the fees on a different basis. Ho had'eomo out of tho senate a poor man, depondent on his frionds for tho expenses of this liti gation, Pcoplo convicted months ago had been let go to lnduco them to toll something satisfactory to Honey and damaging to Mitchell, Hermann and Williamson. Ho chnrgod that they wcro bribed by immunity to convict theso men. In closing ho claimed tho senntor had been careless, but hnd nover knowingly or technically violated a law of tho government. Frederick Krlbs wns tho government) 's first witness. Ho know dofendnnt sinco 1000 ns n member of tho firm of Mitchell & Tnnncr. In Oc tober, 1001, ho mado a contract for $1000 to help got pntcnts of 40 claims in Douglass nnd Linn county. Checks nnd lottcrs woro introduced. Court ad journod to 2 o'clock this nftornoon. LOS ANGELES GETS SHRINERS Los Angeles, Juno 21. A telegrnm received from Niagara announces that next year tho Imperial Shrina will moot horo. Tho ' ' Fiesta do Los Flores ' ' will bo revived for tho Shrlnors, GOOD ROADS MEETING Japanese Keep Busy, St. Petersburg, Juno 21. Linovitch roports that Juno 20th tho Jnpnncso re tired along tho cntlro front from tho Mongolian frontier to Korea. Tho Rus sians immediately occupied their former positions, and Inter tho Japanese mado a vigorous attack on tho left, ransack ing several towns. Stoossol Knew It, St. Petersburg, Juno 21, Tho com mission nppoluled to investigate tho circumstances of tho surrender of Port Arthur by General Htoessel, today re ported that tho surrender of tho place was justified. The Auto Uaco Ended. Tho "Old Scout" arrived in Snlom Inst night, and, after getting o- ejoau lng up, loft for Portland nt nn early hour this morning, Intending to reach there at 1 o'clock this afternoon. Fifth Annual Convention Call ed to Order in Portland This Morning Portland, Oro., Juno Sl.Tha fifU annual national Good Roads Convers tion, ono of tho largest nnd most Im portant conventions to bo held loo Portland during tho exposition porlcdy was formally opened todny, and ytfJX continuo its sessions until Saturday Tho attendnnco Is unusually largo lun Includes tho governors of severaB states, mayors of cities nnd accredited! delegate from commercial, agricul tural, industrial, civic improvement nnd transportation bodies throughout tho country. Experts of tho Nation Good Roots Association nre oit tms. and during tho remainder of tho week thcro will b'a many practical donrew stratlons in good road making in addi tion to tho sot progrnmma of pnpersr nnd discnsslons. Georgia Fodoratlon of Labor. Atlanta, Ga., Juno 21. Tho G corgi Federation of Labor assembled in sor enth nnnunl convention this morning, nnd was cnllod to ordor in Fcdcrntloa hnll nt 0 o'clock by President Jerome Jones, of this city. Following tho opening formalities tho convention went into oxecutivo session for tho con sideration of business. Tho annual report of Sccrotnry W, C. Puokett showed that tho Inst year has been one of great prosperity and increased mem bership for tho federation in this stato. The convention will remain in session tbrco days, nnd ii number of Importnnt mattors will come up for decision. The fodcrntlon is particularly inter ested just now in the child labor prob lem, nnd a committee will probably b appointed to prepare a measure deal ing with tho question for presentations to tho noxt session of tho legislatures Chicago Markets, Chicago, Juno 21. Wheat 80) cone; M"4oatsniVj31. It was 11 o'cJocjc uerore Juugo . , (hl ln objection sustained. Haven had heard all who asked for "'In said he might want to call a cuses. Tho few excused filed slowly) .. Mi,niii,. him. Continuing out, whllo tboso denied exeuses drop- wi hBt nennett had bean ped back into their seats wearing on (han a eaug, acquantance 0f their faces looks of disappointment., Mu!ien am rem0Ved him by a per During this prolonged wait Heney was challenge. Casper Wiseman- -o.n,.ilv )mrnl!nr his book of type-1 - ' , , i.ii.-.i I, .-v o - - !,jel was urawn. . . vmmuu, written notes on the jurors, making new, ymU flMepted by defense. Was notes, and frequently conferring with , j ,lveJ ,n Colora(j0 Burns. Jieney nas me iuuK - , move(, t0 portaa, went to Tillamook hcavv lowl of a born fighter. Ho and Burns aro both inclined to be sandy, choleric and combative. Thurston is a tall, fine-looking man, with a high fore bead, hair turning gray, a moustache that is graceful, and a mouth that be speaks eloquence, ne has a large man ly face, a Roman east of countenance, fine hands and a good figure that com mands respect. After considerable delay and several conferences the ease of the United States versus John II. Mitchell was ad journed, to 2 o'clock. Selecting the Jury. Portland, June 81. At 2 o'clock Monday the examination MINI 1 1 1 1 1 m 1 1 1 t-H When you want a drink of SODA WATEB You want tho best, and in that esse go to ZiiWs The only confectioner in 8alem . . who ever served an apprentice- , ship in the soda business. Why ; not profit by bis experience! ; served a term, and was elected out of that oOlco to congressman from the! first district. He employed his oppor-' tunity so well that he was made United States circuit judge, tbo position he now holds. His political methods have been very successful nn unbroken ca reer of ofllce-boldlng, being elected to ono ofllce while still in another. It is not believed that he has any sympathy whatever with the defend ants in the Oregon land fraud eases, lie has shown great fairness and independ ence of the prosecution so far on the trial. E. HOFKU. Statement of tho Case, Portland, June 21, The trial began at 10 o'clock this forenoon, and increas ing interest is being shown. Tbo jury is considered fair, and is from all parts of the state. The first Indictment was selected, because it is belioved to be tho strongest case against Mitchell, and one where the government is surest of conviction. The most' prominent attor neys of the state are attending. It is charged that fees all the way and stayed 18 years, had been nt New berg somo years. Was challenged. Heney resisted this challenge, but De Haven excused him. Wm. Otto Brey man was drawn. H. M. Lowden had lived at Astoria 23 years, and was ac cepted by defense. Heney developed that he was a farmer as well as logger. Got his summons 8unday evening. Had not met Senator Fulton or bis brother. Reported to the marshall'e office, but had not stated that he had talked with Fulton. Burns took a circle out into from 1200 to 11500 were collected by lobby, and talked wltn ilarsuai tanner jaucneii xor services ren- uereu in me ueparimenis ui vasumg to by'Mitcbell, and divided by the firm the Reed. Heney asked that Reed be sworn. Joror admitted talking with Judge Winton about a mistake in date of the summons. It wss dated on the 13th, nnd cited him to appear on the 10th of June. Court ruled that it was not material who he had talked with about that matter, as be had expressed no opinion on the case. Heney and Barns held a long oonssltatlon. Then Heney challenged him peremptorily, and this exhausted tbelr peremptories. J. A. Baxter, of Dallas, native Oregon lan, 48 years old, knew Mitchell by rep utation only, bad formed no opinions, no one had talked with him, had heard nothing to prejudice him, would let nothing published in the Oregonlan in with the full knowledge and consent of the defendant, and, according to the terms of a contract. j Heney went into great detail in his accusations, reviewing all the testimony leading up to the indictments. He took 43 minutes. Judge Bennett defended the right of a senator to appear before the departments. It was no part of his official duties. It was common for congressmen and senators to appear for private citizens In such eases. There was no wrong in the act Itself. It was made a wrongful act by the statute pro vided. The law was Intended to pre vent such officials from Improperly in noenee him. He was accepted by both.noeaclng needs of departments beyond f)c33l rei&8$ Today Only Bofcbinet Jf RUFFLED CURTAINS Wjp Cttftains 44- Inches wide, 3 yards long, two styles one flat, one raffled. Our $,75 and $2.00 values $(50 pt Ladies' Tailo Suits AT A GREAT SACRIFICE A most remarkablo sale with astonishing opportunities. To date It has met with tremendous response, Ono reason Is because It consists of what one needs just now. Every price sensational. Kvery garment of this sea son's designing in approved msterials atd colorings. 833.00 LADIES' MOHAIR SUITS 917.50 130.00 LADIES' MOHAIR SUITS SJIIS.OO $25.00 LADIES' MOHAIR SUITS $12.50 120.00 LADIES' MOHAIR SUITS $10.00 JUNE WHITE DAYS Prices in every department. An ticipate your summer wants and supply them now. MERODE KNITWEAR The best women's knit underwear made. Garments for Ladies and Misses. Every requirement is met here with this grest variety, Re member all at JUWB WWTJB DAY PRICES, ft 9c to $2.70 Men's Clothes Be well dressed and pay what you pleass. Plenty of styles In tin new summor clothing and not a bsd one in the lot. They are soils that posesss all the snsp of summer styles ss well ss summer oolners and are distinguished from the com monplace usual ready-to-wear ol by the famous "eooeavs" shouWr ...t ii.i,.. ftiffnir" eollsr. You ess; get an unusually good two-pUto summer suit here at $1.50 L IJstter grades up to &. gggiMsssssEsaiiswsssasssssjssspsssi Iniiriniii '"""" C