The Evening statesman. [volume], October 09, 1905, Page FIVE, Image 5

About The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910

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ISOLATING LAW
INSPECTED.
May be Submitted to At-
Question
reneral for Decision Rel
at,ve to Inspection Act.
■had whether or not the
The qutstio"
h* held liable for damages
rt. te can t>e no
lined by convicts at the state
tiary in the event any of them
Stored while at work around the
in the jute mill, and wheth
" not the state is violating one of
! L may be submitted in the
" future to the attorney general.
Whle to Sea" l 6 ?aturday the mat "
f the factory inspection law was
Id to the attention of Warden
ltei %m that official stated in an
l€ w that the machinery at the
J t penitentiary had never been in-
JLed by the factory, mill and rail
inspector. Ac cording to the law
J k imperative that a copy of the
m be displayed where dangerous ma.
chinery is used. There is no such no
tice at the penitentiary.
TV attention of Warden Kees was
j.*,' ailed to the fact that John Hil
ie'brand. one of the prisoners he
brought back from King county, lost
a hand in the jute mill, and a convict
o fcr gently had a part of his right
tod cot off. Another convict lost a
| his fingers.
the state liable as an employer?"
I■ Kees pondered. "I don't know.
V I i question I have never consid
er, d one I ought to have the at
torney general pass upon. I do not
know in just what relation to the
state the convict laborer stands. It
is questionable whether he has the
same standing as a free laborer, but
at the same time it does not appear
reasonable that the s r ate can force
even convicts to expose themselves to
possible maiming and yet refuse com
psation if they are injured by the
tote's negligence.
I Thinks State Is Liable.
"The guards are compelled to work
ia the jute mill. I presume if they
were injured or one of them injured
by unprotected machinery that the
s-ate would be liable for damages. If
tie state a? an employer stands in the
toe relation as a private individual
towards its employes there is a ques
; to the jute mill's inspection and
KtVy,
"Personally, I believe the jute ma
toej are safe; at least safe for
one who exercises common prudence,
onnore dangerous parts of the raa
*fe«7 are protected. But it is true
■t so far as I know the state fac
■T inspector has never examined
ft - E and has never certified to their
Under the law the matter is
* that ought to be submitted to him
* the attorney general for an opin
io:
* ; ar as Hildebrand is concerned,
e P could not have protected him.
L . that HiMebra nJ deliberately
P* ois left hand into the mangier,
-e story at the penitentiary is that
a? billing to be maimed if he could
hard labor,
ae convict employed as an ailer is
Mlb te for his own injury. He
* *^ oVed the protecting covering
JJ 5 e cog wheels- of the mill to oil
•heara Then ' &S he tells me '
■ : im which dis
« him and he turned his head
s attention was else-
/'Slff jjW- General
Appearance
j I|' Of a Great Buck's
Ran*e. There never
was one to compare
■ with it.
il p4en U * Ck \ is built 80 solidl Y and so splendidly that
than anv ? hauds °mer appearance in your kitchen
Thi«, er make of a range,
you see it - CtUre does not do a Buck's justice but when
Rempmk° ur store y° u will agree with us.
point ' thou S h » tha t the appearance is the
P°°toiJn?? ek,s ran g e > cook stove or heater—any
Jark, p bating appratus that bears a Buck's trade
ts a handsome appearance. _
\Jk Davis-K&ser Co.
f Jl VERVTfIIN Q TO FURNISH THE HOME
L*L TREET NEXT TO POSTOmCE
where the wheels gripped Ijis hand
and tore off part of it.
"These are samples of the way
men are injured in the jute mill and
there have been very few instances
where injury has come. Of course
there ar e parts of the machinery which
must be watched carefully by the men
at work or they would be hurt. But it
would be their ow'n fault if injured.
The point of the state's liability is
one important enough to be looked up
even if the chances of being held for
damages are slight. It would be a most
remarkable thing if the state should be
violating one of its own laws. The
question has never been raised so far
as I know, but I am going to investi
gate it."
Convicts who were in the peniten
tiary WitJa Hildebrand state his object
in maiming himself was to excite the
pity of the state officials and secure a
parole. While his arm was mending
he applied to Grant Neal, then chair
man of the state board of control, for
a pardon. Neal was then on an in
spection trip at the penitentiary. He
had carried Hildebrand's record with
him, and immediately answered him,
showing his record jn the reform schoo'
and his numerous other offenses, which
disqualified him for any clemency.
MUST MAKE NO MORE TROUBLE
J. F. Andrews, Arrested on Insanity
Charge, Allowed to Go.
J. F. Andrews, residing in West
Poplar street, arrested a week ago last
Saturday on an insanity charge pre
ferred by his wife, was released from
custody this morning. Andrews was
brought up before Judge Brents, who
closely questioned the man. An
drews said he was not insane, but at.
times was subject to terrific head
aches which nearly set him crazy.
The spells were brought on by hard
work and the heat. Mrs. Andrews
was asked by the court what she
thought of the matter and she replied
that she was afraid of him, but later,
after having a conference with her
husband, she consented to his being
released.
Andrews was cautioned by the
court not to create any more dis
turbances or "ne would be severely
dealt with. He promised to control
himself and left the court room with
Mrs. Andrews. Andrews, it seems, has
not actually attempted to injure any
one, but during his "spells," as he
called them, he has threatened to.
which caused Mrs. Andrews to become
frightened and call in the authori
ties.
JUDGE THREATENS NOBLE
Declared That If There Is Any More
Trouble Something Will Happen.
"I'll set Mr. Noble's case for next
Monday morning, and in the meantime
he can be released on giving a good
bond for $1000. I want Mr. Noble to
understand that if I hear of any more
trouble there will be no bonds next
time," said Judge Brents this morning
ing in disposing of, for the time be
ing, the contempt of court charge
filed against William Noble nearly
10 day's ago. Noble, ever since his
arrest a week ago Saturday, has been
confined in the county jail. Follow
ing an order for his arrest, issued by
Judge Brents, the court left for a
week's trip to Portland and in the
meantime Noble has been compell
ed to remain in jail to his dis
gust. Mrs. Noble, who has started
divorce proceedings, was in court
with her attorney this morning, but
she took no part in the proceedings
owing to the continuance of the case.
The arrest of Noble followed repeat
ed violations of an order issued by
the court not to molest or interfere
with his wife pending a settlement of
the divorce case.
THE EVENING STATESMAN MONDAY, OCTOBER 9, 1905.
ARE DESPERATE PRISONERS
WARDEN KEES AND TRAVELING
GUARDS BRING ANOTHER
BUNCH FROM SOUND.
Jack Chesterfield and John Hilde
brand Among the Number—Two
Women Will do Time.
Warden Kees and Traveling Guards
Easterbrook and Charlton arrived in
Walla Walla yesterday from the
sound with eleven new prisoners for
the penitentiary. Among the lot were
two of the most desperate men In
the state and two women. The list
is as follows:
From King county—Jack Chester
field, cr ! minal assault, three years;
John Hildebrand, murder in the sec
ond degree, life; Kitaro Schimizu, for
gery, two years; Carrie Mullet, lar
ceny from the person, one year; J. E.
Jefferson, assault with attempt to
commit murder, two years; Thomas
O'Connor, burglary, 14 years; William
Lovering, burglary, 14 years; A. B.
Cox, burglary, five years.
Pierce county—Madge Kyle, as
sault with intent to commit murder,
13 months.
Chesterfield Hard Citizen.
Jack Chesterfield, who must serve
a sentence of three years for a brutal
assault on a girl at Seattle, is just
recovering from wounds received in
an attempt to blow his way out of
the Seattle jail several months ago
with dynamite. Chesterfield's wife
who had permission to visit him while
he was confined in jail waiting trans
portation to the penitentiary, slipped
him four sticks of dynamite during
one of her visits. The dynamite was
hidden away in his bunk until one
day, when the coast appeared clear
Chesterfield attempted to blow his cell
c 0 pieces. The first stick fired blew
a big hole in the top of his cell. The
shock threw Chesterfield against
the side of his cell and he was serious
ly injured by flying steel.
Was Drowned Out.
Nothing daunted the crazed man
siezed another stick and hurled it
against the cell door. The steel re
fused to yield however and by this
time the jail officials attracted' by the
noise began to arrive. Chesterfield
was called upon to surrender but re
fused, threatening death to any one
who attempted to come near him.
Various means were resorted to to
subrue Chesterfield without effect.
Fnally a fire hose was procured and an
icy stream of water was shot in from
the top of the cell onto Chesterfield.
Not until he was nearly drowned did
he surrender. The remaining sticks
of dynamite and a knife were found
in his cell. Chesterfield was so badly
wounded that it was necessary to take
him to a hospital for treatment. The
wounds in his head bothered him a
great deal and for a time it was
feared the man was going insane. He
recovered sufficiently however, to be
taken back to jail where he has been
confined until brought to the peniten
tiary yesterday.
Hildebrand a Life Man.
Hildebrand is regarded one of the
most desperate convicts now In the
penitentiary. Last week while con
fined in the Seattle jail he attempted
to murder Jailer Wise and in a des
perate fight in the jail corridor, he
shot the prison physician who jumped
in between Wise and Hildebrand. Wise
broke loose from Hildebrand and
rushed away for a gun. Sheriff Lou
Smith, hearing the shot rushed upon
Hildebrand and ordered him to drop
his revolver. The convict refused and
the sheriff shot at him and missed.
Another demand to drop the revolver
met with a refusal and the sheriff shot
again, the bullet burying itself in the
wall above Hildebrand's head. As the
sheriff was coolly drawing a bead on
Hildebrand for a third shot, he
dropped the revolver and trusties
rushed in and bound him
Hildebrand has a life sentence to
serve for the part he took in holding
up Lou Conoway's saloon at Seattle
September of last year, in which his
partner in crime killed a man named
Matthew Murphy Lovering and
O'Connor, implicated with Hildebrand,
are both serving long terms in the
penitentiary, both being sentenced to
years each
WHITMAN WON THE SAME
Falls City Team no Match for Mis
sionaries.
A slippery field and lack of speed in
getting plays started made the score
of Whitman against the Spokane
High School on Saturday afternoon
only 8 to 0. Whitman's defensive work
was superb. Only once did the lads
from the Palls city wake their yard
age on downs. Whitman carried the
ball far enough to have made half
a dozen touchdowns had the playing
been faster. The Spokane aggregation
are as good a lot of high school
players as ever came to Walla Walla
and played clean, hard football from
start to finish. Hill, Whitman's half,
distinguished himself as usual in pick
ing out the holes in the enemy's line
when he had the ball and his running
mate, Cox, proved himself a won
der at the same trick. Dimmick and
Spiegle, tackle and end for Whit
man, also made some plays that at
tracted considerable notice. The only
touchdown made was by Cox and
Schmidt made it a goal. The other
two points came from a touchback
which Whitman forced the Spokanites
to make. Otto Frank refered the game
and Thomas Drumheller acted as um
pire.
MAY COMPROMISE CASE
C. E. Dart, alias E. C. Dodson, Puts
Off Entering a Plea to Forgery
Charge.
C. E. Dart, a farm hand arrested a
few days ago on a charge of raising a
check, issued to him by D. H. El
dredge of Dixie, from $4 to $14, cre
ated a mild sensation in Judge Brents'
court this morning by declaring that
E. C. Dodson was his name. Dart or
Dodson was brought before Judge
Brents this morning for arraignment
on the forgery charge and when asked
if Dart was his name answered no.
He was asked his true name and
said it was Edward Claire Dodson.
The name in the original complaint
was then changed and the charge read
to Dodson. He asked that the court
appoint an attorney for him, as he
was without funds and Marvin Ev
ans, who happened to be in the court
on other business, was given the task.
After a conference in the judge's
private office with his client, Attor
ney Evans asked that the date of ar
raignment be left open as he first
wished to see D. H. Eldredge, the
complaining witness. Dodson, who is
a young man, is anxious to escape a
term in the penitentiary and will en
deavor to get the case compromised.
CRIMINAL CASES SET
Neil Harris, Charged With Rape, to
be Tried Wednesday.
Judge Brents, Prosecuting Attorney
Wilson and attorneys Interested In
the various cases coming to trial at
this term of court, made up the court
dockef this morning. Criminal cases
were set as follows:
October 11 —State versus Neil Har
ris, charged with rape.
October 12—State versus Pauline
Rizutto, charged with assault with
intent to commit murder.
October 12 —State versus Joseph D.
Pasquale, charged with manslaugh
ter.
October 13—State versus Clint Bu
chanan, charged with embezzlement.
October 13—State versus Clay Al
lison and Lottie Buchanan, charged
with larceny from the person.
October 14 —State versus William
Noble, charged with assault with in
tent to commit murder.
Personal Mention
A. C. Erbes of Dayton is registered
at the Dacres today.
J. F. Fisher of Prescott is transact
ing business in "Walla Walla today.
Mr. and Mrs. A. M. Baker of Star
buck are guests at the State today.
James Kirk is transacting busi
ness in town today. He is a resident
of Milton.
J. D. Laidlaw, a real estate and
insurance man of Waitsburg, was in
the city yesterday.
Verne Wolf is a Walla Walla visi
tor today from Dayton. He is put
ting up at the Dacres.
Mr. and Mrs. Dorsey Hill returned
Saturday from a two weeks' wedding
trip at Portland and the Sound cit
ies.
L. W. Fudge, a prominent Waits
burg business man, is a Walla Wal
la visitor today. He is registered at
the Palace.
J. W. Bannister and daughter are
guests at the Palace today from
Athena, where Mr. Bannister is en
gaged in business.
H. C. Harmon, formerly with the
Davis-Kaser company and now travel"
ing for a Portland wholesale house,
is in the city on business today.
W. E. McKinney, a well known
Waitsburg resident, accompanied by
Mrs. McKinney arrived in Walla Wal
la yesterday. They are guests at the
Dacres.
Manager J. B. Catron of the Hotel
Dacres left last night for Portland,
where he will join Mrs. Catron, who
was one of the assistant hostesses for
Walla Walla at the Lewis and Clark
exposition last week. Mr. and Mrs.
Catron will return home Wednesday.
WANTED —40 head of draft horses
immediately by Dr. Wood at Mc-
Bride's livery stable.
THEY WILL SUB-LET WORK
SEIMS ANDSHIELDS WILL AWARD
SUB-CONTRACTS FOR THE
ROAD.
Construction of North Bank Line Will
Attract the Attention of Rail
road Builders.
Announcement is expected in the
near future of the names of the con
tractors to whom Sims & Shields will
award the work of constructing the
Northern Pacific extension from
Pasco to Vancouver, the new Hill
line down the north bank of the Col
umbia.
Sims & Shields have the contract
from Mr. Hill, but they never do
railroad construction directly; it is
their invariable custom to parcel out
the work among subcontractors, and
these latter, especially in rock, again
parcel it out among station men.
Peter Sims, now about 70 years
old, gray and in poor health, is the
"daddy of them all" in railroad con
struction. He has had the general
contract for more western railroad
construction work than any other
man. He built many hundred miles
of the Canadian Pacific and of the
original Great Northern, and in re
cent years has had all of J. J. Hill's
new construction, including the Col
umbia Falls cutoff, in Montana, the
Kootenai valley road from Jennings
to Kuskanook, the Republic branch,
connecting with the Spokane Falls &
Northern and extending to Republic,
and is now engaged in constructing the
Victoria, Vancouver & Eastern in the
Okanogan valley and Southern Brit
ish Columbia.
Contracts by the Yard.
As is the case in all modern
railroad construction, Sims & Shields
are paid at a certain rate per yard
for each class of material, rock, grav
el or dirt moved, and they sublet on
the same yard basis. As the work pro
gresses Great Northern engineers
are present as inspectors, keeping
careful measurements of the differ
ent classes of material moved, and
Sims & Shields have also their engi
neers checking on the several sub
contractors.
All Winter Work.
The fact that construction can be
carried on along the line all months
in the year; that the railroad Is
anxious for early completion, and that
it is a big and expensive piece of work>
assures that there will be r great gath
ering of contractors and considerable
rivalry between them for subcontracts.
Porter Brothers in recent years have
had all the bridge work under Sims
& Shields, and will probably get that
part of the new construction. They are
of Spokane and West Superior. Po
ter Brothers have in the past done
much track laying also for Mr. Hill,
and may get that contract unless the
railroad company decides to do it is
self.
The Great Northern has track
laying outfits, and at times has found
it cheaper to use its own outfits and
do the work under the direction of its
own men.
Nine Contracting Firms.
Contractors who have had sub-con
tracts under Sims & Shields, and who
are undoubtedly after parts of the
new works, include Winters, Parsons
& Boomer of Spokane, Butte and Den
ver, who have had many large con
tracts in the west; Pat Welch of
Spokane; Grant Smith of Chicago, J.
A. Caughran of Spokane and St. Paul,
Foley Brothers & Larson of all over
the west, and J. G. Mulligan of Spo
kane.
Peter Larsen and Tom Greenough,
who made their first fortune in rail
road construction work, and who
now have large tracts all over the
west, including more than $1,000,000 of
investments in Seattle, may back
some of their former foremen in con
tracts.
E. W. Andrews, former member of
the legislature of Okanogan county,
who was superintendent of construc
tion of the Great Northern tunnel
through the Cascades, will probably be
after part of the work.
Put in Supply Stores.
In addition to their profit on the
price per yard of material and a
percentage on bridges and track-lay
ing, Sims & Shields also make a
make a great deal of money by their
supply camps. When new work is in
progress they open a general store
along the line, and naturally the sub
contractors purchase needed sup
plies from them.
Mr. Miller, who is chief engineer of
the new corporation organized to
build the road, was formerly chief
engineer of the Great Northern.
Becoming to the Horse
is a handsome blanket, it protects him
from the chill of the night air while
he sleeps. Its use when standing after
driving prevents colds and many other
diseases the horse is heir te. We have
an especially fine lot of Blankets which
we think you ought to see. They are
for both stable and street use and run
in all grades, sizes and colors. We have
also a fine line of Plush Lap Robes.
THE WEBER
Harness and Shoe Finding Co-vary,
KEYLOR GRAND
ED. REDMOND, Manager
PHONE NO. 159
ED. REDMOND COMPANY
PRESENTS
TONIGHT
The Great Russian War Drama.
"Michael Strogoff"
30— PEOPLE—3O
SAME PLAY
Tuesday Night
and
Bargain Mr.tinee
Wednesday Afternoon
At 2:30
Admission 10c Box Seats 25c
NEXT ATTRACTION.
" Rip Van Winkle "
Night Prices 10c, 25c
Who Wins the Baby Buggy on Fri
day N*.ght?
: Watches and
: Diamonds
« Finest up-to-date Stock
• of Jewelry in Walla
• Walla. We invite your
9 inspection.
I Hardwick, The Jeweler
• Telephone Main 584
Oysters
# Drop in after the show and en
joy a delicious dish in any
style you wish.
: Yarnell & Rogers :
bmineM or jublic lilt, i y m»:l iu
u,.0»ICII(»l SCHOOI,
|tra<lu»tef everywhere A
|H ajgf all by lar »nd la"-' collage*. krruiii
H j/ff College Uw C«u-'" hdJ H'.»i..~»
u> Course. Liter*! Taint*
Spragua CcrrrstJrr'Jtfv*
LEWIS AND CLARK EXPOSITION.
June Ist to October 15th
Tickets to Portland will be sola from
Walla Walla daily at rate of $9.75 ioj
the round trip, good for thirty days.
For ten or mow traveling on onw
ticket a rate of $7.'30 for round tri*
will be made. Tickets limited to tea
days.
In addition to the above dally exci ,
sion rates the O. R & N. Co. will, from
time to time during the fair, run a
series of coach excursions at very Imr
rates. Dates for these excursion* wflr!
be announced later.
R. BURNS,
General Agent, O. R. A N. Co.,
Walla Walla, Wash,
PAGE FIVE