Daily capital journal. (Salem, Or.) 1903-1919, November 23, 1915, Image 1

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    ft
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11 i-' . ;
FULL LEASED ft
W WIRE DISPATCHES
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..
CIRCULATION IS
OVER 4008 DAILY
'
(THIRTY-EIGHTH YEAR
SALEM, OREGON, TUESDAY, NOVEMBER 23, 1915
PRICE TWO CENTS
ON TRAINS AND NBWS
BTANDS FIVB CENT
.
GREECE (S YIELDING TO
DEMANDS OF ALLIES
. O
England Now Officially i mies
Shipping Denys C in of
On King Constantine day
ments Favorable to i ' ?s -
pation In War Said To Be
LUNCHES WITH KING
-Athena, Nov. 23. Dcuys
Cochin took luncheon with the
king and conferred at length
with him. The impression pre
vailed afterward that a favor
able agreement will bo reached
between Orfeek and the allies.
London, Nov. 23. Greece in believed
to hnvo yielded sufficiently to the al
lies' demands to have obviated the ne
cessity for coercing her.
This conclusion is based on the of
ficial doniul here today that any Greek
whips have been seized or held in Bri
tish ports or that any blnckado of
Greece lias been established.
Aulhorilies assume that if fireece
had not at least promised to refrain
from interference with tho allies in
-tlio Balkans, the step of blncknding her
and seizing her ships would have been
taken.
Visit King Once More.
Athens, Nov. 23. Armed with fresh
arguments as to why it ill be hope
less for Oi'eece to resist tho nllies'
demands, Dcnys Cochin, of the French
cabinet, will again meet King Coustnn
timo. Arrangements for the confer
ence were completed today.
Cochin has inspected the situation at
Salonika and conferred with tho Ser
bian war minister, and is now ready to
make a final appeal to Greece to insure
their needed aid.
The allies do not insist on direct
Orecia participation in tho war but
they do stand pat for assurances of a
"hand off" policy on the pnrt of
Groeco, no matter how tho Balkan
fighting develops.
E
Germany Asserts That Gigan
tic Campaign of Allies
Has Failed
B. Carl W. Ackermon.
(United Tress Staff Correspondent.)
Berlin, by wireless to Sayvillo, L. I.,
Nov. 23. After beating their way
across Asia Minor to win striking dla-
tnnce of Bagdad, British troops were
repulsed by Turkish hordes. Tne Brit
ish expedition started several weeks
ago, but the extent of the Teutonic vic
tory cRine to light only today.
Ono hundred seventy thousand con
Ht.itutc.l tho British force. In it wero
nmny Canadians, Australlnas and In
dian troops. Making their way from
I'jyi't, they came to within 10 miles of
the ancient city of Bagdad, and threat
ened to destroy the Important railway
line on which the central allies relied
for their offensive into Kgype after
joining hands with the Turks in Con
pt.intinople. Several severe engagements follows,
hhn RTi vim
- nuc maiiui .
in-cost o' fir European war makes
th upkeep of an auto look like thir-
ty cents. Ther's no jinttoUt like tk'i
feller whose flghtin' days are over.j
Any Blockade of Greek
the French Cabinet Calls
. To Present Fresh Argu-
Question of Direct Partici-
Only One Yet To Be Settled
Clampg Are Tightening.
Rome, Nov. 23.- Tho diplomatic
clamps are tightening on Greece.
The serious position of Greece, if. she
continues to defy the allies, has bee'H
strongly represented to the Greek min
ister by Foreigu Minister Connino.
Signs of great activity about tho for
oign office followed this warning.
Whethor this indicated early Greek ac
quiescence or foreshadowed further
compulsory steps was not revealed, but
no secret was made of the fnet, that
Italy is co-operating with her nllies in
exerting pressure on Greece.
In viow of the fact that Greece and
Italy have been closely associated, dip
lomatically, Sonnino hns Btrong influ
ence with the Grcoks.
Answering King Constantine 's plea
that ho cannot resist Belgium's fate,
if Germany chooses to inflict it, tho al
lies have urged thnt tho Teutons will
nevor bo in a position to accomplish
this, while the allies through their
blockade and otherwise can immediate
ly render Greece's posttiou impos
sible. It is reported here that Constantine
has consented to comply with the al
lies' wishes if they send nn adequate
force into the Balkans, so that his na
tion may not. bo overwhelmed by tho
enemy. Tho issue now is as to what is
adequato in this respect.
Reports that the allies 'aro search
ing Greece sliipn, in connection with
(heir blockado, have been confirmed.
Moreovor, the blockade is tightening
daily.
This is expected to have the effcefr of
hastening the Greek decision.
One report is that Greece is favor
ablo to the allies, except on tho ques
tion of participation in the war. This
point, howavor, it is sum, may uo sat
satisfactorily arranged.
HAVETO HAVE HYOEOTO
HOUb-.dAIDB HEREAFTER
Montclnir, N. J., Nov. 23.
Hygienic housemaids, germless
giiivmers, sanitary sculleryites
and contaminationless chauf
feurs, guaranteed to be such
by tho local health department
examining surgeon, at $3 per
exam., paid by the victim, is
tho only sort of help Mont
clnir housewives will have here
after. Any servant, guaran
teed not to keep a germ, will
get 425 a month in and about
Montclnir. This is another el
aboration of tho Ilousowives'
league plan in conjunction with
the school board and the board
of health, to educate, stand
ardise wages of and generally
bring up by hand all tho help
they have. Tho clerks and the
narbers will be regulatod lutcr
it is nromised.
anil then Turkish forces swept the In
vaders back 30 miles, insuring the safe
ty of Bngdad. The campaign thus
foiled is believed to have boon pnrt of
a giirantic plan including a Riissiun
march across Persia, for a junction
with tho other allied forces in the
llngdnd region. The Russians, however
.failed to accomplish their pnrt of the
program.
The German view is that the nllies
are now playing their last card, and
ore now trying to land enough forces
in Greece to menace German communi
cations with Constantinople. Tho al
lies, however, underestimate the cen
tral powers' strength. Germany alone
has J 1,000,000 men in uniform, while
her allies have other vast armies.
UNCONSCIOUS MAN
BURIED ALIVE BY
BRUTAL MURDERER
Bntnvln, N. Y., Nov. 23. That hei
beat Luigi Murtonl, aged 40, into semi
consciousness 18 months ago and buried
his body alivo was the confession of
Topy Bolivio, aged 27, today, accord
ing to tlio police.
With a brutality iinenunlled In the
history of crime in New York, Bolivio
disregarded Ins victim s cries, and hur
riedly plnced him iu a gravo beneath
his cellar.
Matroul wns the stepfather of Boliv-
io's young wifo and she confced thnt
I Mntrntil uTfinirpil luir tim ilnv linf.ira
,10 married Bolivio. This led to the
young man's attack on Matron!,
The police dug out the body frrm
the spot Bulivio pointed out to them.
L
IS
District Attorney Makes
Opening Statement In
Steamship Case
New York, Nov. 23. Naval Attache
Boy-ed of the German embassy was
named directly today in the alleged
Hamburg-Ameriaen Steamship officials
plot to supply German commerce raid
ers. With the jury finally picked,
Assistant District Attorney Wood, in
outlining the case', said that Boy-ed
claimed that a fund of $750,000 was
deposited with the firm of Essen &
Kullenkamp. ' .
Uf this amount SUOO.ooo was sent to
San Francisco for Pacific coast activi
ties, he said. The deposit was made in
August 1914 by a "higher up," whom
Wood said the government bad been
unable to identify.
Hie hard Wrigloy, a ship broker, ver
ified documents showing that he nego
tiated for vessels to carry the defend
ants' supplies to Gorman raiders. Four
government witnesses were missing
when tho case started today, including
a Philadelphia business man who is
known to have gone to Bermuda.
The money sent to San Francisco,
Wood declared, was to supply three
ships, after chartering them. " Coal and
other goods, ho indicated, were taken
out by the three to the raider Leipscig.
One vesBol was purchased outright.
All theso transactions, Wood charged
wero under Boy-cd's supervision.
Tho Hamburg-American officials, he
charged, conspired completely in fur
nishing these supplies, and in so doing
"roue rough shod over American treat
ies and laws as though they wore mere
scraps of paper.
The defense aerced to admit many
facts stated by Wood, but announced
It would contend they constituted no
violation -of United States laws or
treaties. The admission that Boy-ed
had any connection with tho incidents
was wthdrnwu.
Foreign Trade Scheme
Interests Wall Street
New York, Nov. 23. There was lit
tie news today having a bearing on fin
ancial values in the stock market. The
chief interest centered in tho announce
ment of organization of a powerful
corporation to finance expanmon of ox
port trade interests, but chiefly with
a view to conditions after tho war.
This is ono of the signB of the day
like the increased trade witn Noutp
America, and the arrival of the French
commission to prepare for placing largo
post bellum orders which are bound to
set people thinking about the new econ
omic era presently to begin,
A matter of perhaps enure immediate
interest was the dcclino in six months
money rates to all but an unprecedent-
edly low figure for the season.
The stock movement was of a deso
ultory chnractor.
As a whole, tho market was strong,
but it was mado up chiefly of readjust
ment by professional operations, of
their speculative accounts. It was the
dullest market since the middle of Sep
tember. Gross earnings of western rail
ways, as reported for the second week
of November exceeded not only the
snme week o f 1914, but also of 1913 and
1912.
Albany Man Killed By
Oregon Electric Train
Lesllo McOourt, a young man of Al
bany, aged 23 yenrs, was killed at a
littlo after noon today by the South
bound Oregon Kloetric train at the
gravel pit about 1-2 milo north of the
city limits of Albany. McCort had
been hunting and wns walking along
the Oregon Electric track when the
Southern Pacific train came along on
the track which is parallel to the O. E.
tracks at this place. Tho noiso of the
8 P. train prevented tho young man
from hearing tho approach of tho elec
tric train which struck him and cut
off his head and broko both arms and
both legs.
His gun, which ho was carrying on
his arm, exploded and tho barrel was
blown to pieces and added to the
wounds on tho young mun's body.
As Bolivio dragged his victim to the
cellar grave, Matron! regained consci
ousness. "Tony! God save me," he shrieked
"I couldn't see his face In the dark
ness, tho police quoted Bolivio as say
ing, "but I threw a big stone on top of
his head and jammed him down until
he quit yelling. Then I threw some
dirt and stone on him and pounded the
ground down hnrd."
The murder story come to light aftar
Bolivio was jailed for a slabbing af
fnlr. The victim's wife then revealed
tho murder story to the police, saying
that he and hor son Charles watched
the burial, but feared to toll because
Bulivio bad threatened she would meet
a similar fate
Mi
ULGARIANS LOSE
TEH THOUSAND
Battle of Monastir Said To
Have Been Fiercely
. . Contested
IT IS NOW BELIEVED
MONASTIR WILL HOLD OUT
Berlin, However, Reports
Steady Advance of Com
bined Invading Army
London, Nov. 23. Ten thousand Bul-
gars were killed or wounded in the bat
tle for Monastir, according to Salonika
reports today, which divulged for the
first time that instead of their report
ed victory, the Uulgars had been re
pulsed in tneir attack Saturday.
i'rilep, northeast or Monastir, is re
ported in flames. Officials i presume
that the Bulgers fired the town in re
prisal for soins Serb net.
Driven trom the liabuiia Pass and
Prilep, the Serbs rallied before Monas
tir and with reckless courage turned
tho tide of buttle against more num
erous forces. T)e Bulgars retired five
miles and still'tiold this position.
JNow, it is believed, Monnstir can
hold out. The. British from Salonika
are swarming ia. Big guns have been
mounted, anjly - the deleiiBcs vastly
st.rengtheiii".y.';
A frositflJVr advance iB expected
hourly, t ' xuese YJbrces have likewise
been relnfomrJ So, with the Monas
tir defoniii'-a. strong position, a
ffignitU.(2frY;xiK.Itk.
The" Bulgars have been repulsed' at
Vodoco, according to reports losing 000
prisoners. No large Serb forces had
been reported there by previous ad
vices, so it is assumed that strong
French bodies either took Veles or do-,
toured to get into that struggle.
These reverses for the central al
lies brighten the entente outlook vast
ly anl caused great rejoicing here.
Serbs Repulse Bulgars.
Athens, Nov. 23, Repulsing the
Bulgars, the Serbs have regained the
Veles-l'rilep front in southorn Serbia,
said the Serbian Official statement to
day. The Serb army countered after a
desperate rally before Monastir, and
drove the Bulgars back over 20 miles.
This partially restored tho Serb line,
and places the right wing in touch with
the French bfore Veles. It also clears
a strip of from 30 to 40 miles wide in
Southern Serbia.
Even if the enoniy compels tho Serbs
to retire, the allies are 'Confident that
an orderly retreat is assured and that
there is now no danger that the Serbs
will be driven into Albania, where thoy
might meet a hostile reception.
The German Report.
Berlin, by wireless to Sayville, Nov.
23. The Austro-Germon invaders of
Serbia have added fl,!00 additional
prisoners to tneir vast toll, it was of
ficially announced today. This con
stitutes the largest single haul in Ser
bia thus far announced.
Fifteen hundred of the prisoners
were captured In rear guard fights
north of Mitrovit.a and northeast of
Pristina. The remainder wns taken
during the Bulunr advance southeast
of Pristina.
Bulgarian invaders are advancing
victoriously southeast of Pristina
(about 30 miles from the Montenegrin
Iwrder.) They have taken 800 Serbian
prosiners and 44 cannon,
These moves Indiente that the in
vaders are rapidly closing in on the
Herb positions on the historic nam ot
tho Black Bird (Kossovo.)
The Plain of tho Black Bird was the
sceno of a bitter defeat of the Serb
ians by the Turks over 500 yenrs ago,
and of a Inter defeat of tho ilungur-
iuna liw tho Ttirlfil
The plain lies in the neighborhood of
Pristina, where the Serbs and Bulgars
havo been fighting recently. Berlin
today claimed the Bulgars took many
prisoners in iuu i risuiia region.
Germans Lose Dreadnought.
London, Nov. 2:1 Tho Rotterdam re
port that one of Germany's nowest
dreadnaughts had been mined and sunk
(Continued on Page Four.)
sfc )(( A fc sff )l( (( (
TlIC WCATUCD
Mill 1llimiLL.ll
) )(( )ft )c )(c )jc
t
Oregon; Tonight
and Wednesday
raiti! colder it
south and east
portion tonight;
fresh southwest
erly winds.
REP
is owtr x wont
SOCIALISTS WILL
FIGHT WAR TO THE
END, SAYS LEADER
Br Carl W. Ackerman.
(United Press staff correspondent.)
Borlin, Nov. 22 (Delayed) German
socialists are determined to fight the
long war to the end rather than agree
to a peace that "will bend Gentnany
to her knees." This is the view of
Philip Scheidemann, socialist member
of the reichstag, who outlined today
the position the socialists will take
when the reichstag convenes again De
cember 13.
"The German, socialist party is for
peace every day," he said, ."but not
for the kind that our enemies desire.
Premier Asquith of England, said that
peace cannot be made until England
has reached her goal Germany's de
feat while Premier Briand of France,
declared it could not be effected until
Alsace-Lorraine had been restored to
France. Chancellor Bethraann-Holl-weg
said that it could not be accom
plished until Germany is assured that
Belgium will not become England's po
litical and military vassal.
."I believe that Hollwcg's terms are
the more reasonable."
JAL
With Additional Funds Prose
cution Subpoenas More
Witnesses
Los Angeles, f'ul., Nov. 23. With
$20,000 more expense money assured
district Attorney Woolwine, the prose
cution in the murder trial ot M. A.
Schmidt. '-alleged ' McNnmara accom
plice, issued Bcvoral new subpoenas to
day for important eastern witnesses.
The subpoenas had previously been
held V" because there was no money in
sight to pay the witnessos' expenses.
A melodramatic air has been thrown
around the trial by the ease of Don
Vose, former anarchist, who turned
states evidence, and is now supposedly
hunted by our Now York gunmen sent
hore for the purpose of "getting"
him, Vose has been living in San
Bernardino under the name of Wieavcr,
guarded by several detectives. Now
been disocvered, he will probably move
again.
More stenographers from the offices
of J. J. McNamnra were placed on t'.ie
stand today to identify cheeks bearing
the signatures of J. J. McNaiuara aad
others, which are alleged t? have been
used for making payments in connec
tion with the so-cnlied dynamite con
spiracy.
Evidence for Prosecution.
Los Angeles, Csl., Nov. 23. Julius
Kuochor. former Indianapolis deputy
sheriff testifying today for the prose
cution In the murder trial of M. A.
Schmidt, alleged McNamaio accom
plice, declared he raided tho offices of
the international Bridgo and Structur
al Iron Workers at Indianapolis with
out a warrant and took "everything of
value except tne snoivcs.
1'. 11. IJugan, former official of tho
iron workers union, on the witness
stand described tho financial activities
of tho McNnmaras and other union of
ficials durinir the period nrecedina the
blowing up of the Times building here.
Tho state alleges tho Times explosion
was paid for bv ,1. J. Mc.Namora and
his associates.
Continued Heavy Rains
Are Threatening Floods
Portland, Ore., Nov. 23. Continues
heavy rains In western Oregon threat'
ened floods today. The rain has been
falling almost in torrents for Severn'
days and the ground has reached n
limit of absorption,
Rivors and creeks havo begun to rise
perceptibly.
The weather bureau premised no re
lief from the storm, predicting eon
tinned heavy rain for today and tomor
row. The storm has tied up shipping at An
tnrin, no vessels venturing iu or out
over the Columbia river bar.
Gale Swoops Ceattle.
Seattle, Wash,, Nov. 23. A 44 mile
gale swept over Seattle early today, It
was ace.ompnnicd by a severe thunder
and lightening and hail storm.
Tho wind renched a velocity cf
miles an hour nt Tatoosh Island and 72
miles nt North Head, at the mouth of
the Columbia river.
No damiigo resulted to craft In Se
attle's harbor. In the 21 hours ending
at 5 o'clock this morning, .05 inch of
rain fell here. Tho storm will con
tinue today und tonight, It was pre
dicted at the weather bureau,
FORCED RITCHIE TO FIOHT
Philadelphia, Nov, 2.1. Eddie Me
Andrews of Miinnyunk, forced Willie
Ritchie of San Francisco, to extend
himself to the limit-to win a shade
decision in a six round bout here Inst
night. Terrific right hooks Innded by
Ritchie in the closing rounds suved
him from an adverso decision.
Scheidemann spoke of a long war.
He agreed that Germany Bhould not an
nex Belgium.
"The change that has swept over
Germany recently can hardly be under
stood," he continued. "The food crisis
has passed. Our armies are successful
in Serbia, and Germany is again stock
ed like a gigantic fortress. Prices are
declining and this has given Germany a
new confidence.
"The people have had a Te-birth of
the war spirit. Those recently talking
only of defeating the allies on the west
ern front now see vislons of tho Gor
mans approaching the Suez canal."
Scheidemann said he had learned aft
er investigation that there is no foun
dation for reports that the foreign
minister and colonial secretary are ne
gotiating for peace. In fact, neither
has consulted the kniser or chancellor
for several weeks.
He said that the socialists had suc
cessfully decreed prices of foodstuffs.
Now, part of Germany's immense pota
to harvest will bo converted into flour,
spirits for automobiles and far Zeppelins.
THE TRUNK MURDER
Identity of Murdered Man
Still Far From
Being
Established
Portland, Or,, Nov. 23. The trunk
murder mystery wns as far from solu
tion today as it was last Saturday
when the place where the man, whose
bodv wus founit in a traveling chest in
tho Willamette river was killed and lo
cated. Despite the flooding of the north
west and other parts ot the country
with telegrams and tho combined ef
forts of the Portland police the iden
tity of the murdered man has not boon
established to a certainty, nor hns any
trace been found of George . Barthol
omew, alias Ed Hopkins, who is charg
ed with tho killing.
Captain of Detectives Baty still be
lieves that the dead man's name was
John Linnd. This was tho name he
went by In Snlom and Albany.
The possibility that he might have
been George Rogers, ft farm hand, who
left Euirone last month with $700 in
his possession iB airuin entertained.
The belief that robbery was the mo'
tive for the trunk murder was substan
tiated today by the finding of a canvas
money belt which had been ripped open
The belt wns found among the clothing
tuken f rcm tho trunk in which tho body
of the murdorod man was packed bo
fore being thrown into the rivor.
II
Their Main Armies Still Re
main Intact In Mountain
Fortresses
By J. W. T. Maaon
(Written for the United Press.)
New York, Nov. 23. The Serbs arc
showiinr reiniirkubln tenacity in tho
face of vast odds: Tho converging
centriil allies ought to have surround
ed them before this. In fact, for a
fortnight Berlin has been expecting to
rush the Serbs, ns toe rroncn ware
ornered and killed in tho great battle
of Sedan during tho Franco-Prussian
war. Vet, tho Serbs hnvo been eluding
them, niil stealing clear of a comploto
trap, though thousands nave neon ihk-
en prisoner In their flight.
The war nns seen no morn rouiarn
able exhibition thun the Serbian pur
suit. Tho main Serbian armies aro
now in the central mountains, holding
fast amid attacks from throo sides.
They are fighting liko animals at bay.
The" central allies aro reluctant, mean
time to come to close quarters, for with
their natural ferocity fanned by tho
inceiitivo of defending their homos, the
Herbs are probably tho most dangerous
force in mountain wurfnro in Europo.
Serbia Is far from permanently con
quered. As long as her forces remain
in tiiu mountains, supplied with muni
tions, tho Teutons must maintain their
army of occupation, which is needed
elsewhere.
Furthermore, If tho nllied expedition
into Serbia Is Increased, tho surviving
Serbs may yet return to Nish with
their flags living
SEARCHING FOR DEAD
Columbus, On., Nov. 2.1. Railway
men searched today beneath tho wreck
age of a circus train and a passenger
train for additional bodies of victims
of a crash yesterduy six miles from
here. Six are known to bo dead, 13 are
missing und 00 wore injured.
I. S. BURIES IIS
AGIST SPENCER
INSUPREMECQURT
Suit Tried In the Absence of
Mr. Barnes In California
Courts
JUDGMENT FOR $69,399
INVOLVED IN ACTION
Salem Property To Value of
$26,750 Purchased With
Mrs. Barnes' Money
I S. Barnes won his suit against
A. B. Spencer today when the Supreme)
court of this state handed down an
opinion ntfirming the judgmont of
Judge Galloway in the circuit court of
this county on every point with the ex
caption of the Burrows property on
Division street of which Mr. Barnos ad
mitted tho ownership. This suit in
volved a judgment of 09,3ft9 secured
by Spencer in California against Mr.
Barnes but which -imlirmawt. ....
preme court contonded "was obtained
by fraud on the part of Spencer and
procured by false testimony."
Case Not Fairly Tried.
In fact the action in which tho judg
ment was secured against Mr. Barnes
Marion county and the title of which-
in New York City and the testimony
of Mr. Barnes relative to tho ease was
taken by deposition before he left for
New York. Tlmn Spencer was allowed
to amend his complaint so as to claim
a general partnership with the defend
ant Barnes and in effect abandoned
his original claim, When the causa,
was tried in the nbsenco of Barnes, by
the changing of Spencer's contention,
tho former did not have the benefit ot
his own testimony upon the new issues
which were brought up by the amended
complaint.
It was at this trial thnt Spencer se
cured the judgment for i!)13!UI and.
costs against Mr Barnes when th
latter was absent and did not have th
opportunity to testify in his own be
half. The supreme court took cognis
ance of those, facts when banding down
tho opinion. ,
Mrs. Barnes Claims Property.
Tho title of the action in the Marios
county courts was, Graeo D. Barnes
against A. B. Spencer and William
Ksch and L. S. Barnes. The suit was
brought by Grace D. Barnes to impress,
a resulting trust in her favor upon tb
lands in question, located in this city,
as the equitable ownor, as against L.
S. Barnes who holds the legal title to
the lands, and A. B, Spencer who hat
a money judgment agaiust L. 8. Barnes.
Sheriff Lsch wns also a defendant as
an injunction was sought to rostraia.
him from selling the property upon an
execution issued on Spencer's judgment.
Spencer and tho sheriff appealed from
a decision of Judge Galloway in favor
of tho plaintiff.
In her complaint Mrs. Barnes states
that in 1!)09 she furnished her husband
with the sum of 2(l,750 in cash, for
tho purpose of buying real property In.
Spencer secured his pretended judg
was to bo taken in hor name but that
by mistake tho legal title to the lands
was taken in tho name of L. 8. Barnes,
the husband, though the lands were,
purchased wholly with tho money or
MrB. Barnes.
Claim of Spencer.
Spencer secured is protended judge
ment iu California upon tho assertion
that somo mining claims were sold at
a profit of $I38,(I'0 and Spencer
claimed to bo a full partner of Barnes
and sued for a half interest in the
profits with the result as above noted.
Tho testimony as reviewed by the high
est court In the state shows "that
Spencer and Barnes wore never part
ners; that the former contributed noth
ing to tlie snlo of any mining cluims
in California or el.iewberot that his
pretended claim was fraudulent and
without consideration; and that bis
iiidgnieiit wns obtained by fraud on hi
part and procured by false testimony."
Sold Mines To Ilarnman.
Mr. llnrnes took tho mattor up of
the disposition of tho mining properties
with various parties in Los Angeles,
Ihilulh, Iron Mountain, and with thu
United States Steel' Co of New York
and San Francisco. In all ho mado six
trips to New York to close tho deal ami
worked continuously on the proposition
for two years and seven months, After
these options lapsed ho secured others
and finally entered into negotiations
with K. 11. llarrimnn with whom b
closod tho deal. After tho first trans
action fell through he found he could
not carry out any deal without taBliiif
up other claims so ho made entry on
thirty additional claims of 000 acros
and miulo all arrangements portainlnn
to tho clnlnis mill the work on them,
putting In mining ramps and other
work and from the time of the first
preliminary operations he . heard noth
ing of Spourer until over two yenrs
later and after the final deal had bnen
put through. Barnes put in several
(Continued ou Page Two.)